Car accidents fall under the purview of personal injury law, and covers all types of accidents. These may include slip and falls, medical malpractice, dog bites, defective products, and construction accidents in addition to car accidents. This is known as “tort law” and refers to the legal rights a victim has to seek compensation for the negligent or reckless act of another that was the cause of the harm. These cases allow compensation – i.e., monetary payment  – for damages to both property and the person.

If you or someone you love has been injured due to the negligence of another, contact a skilled and aggressive Charleston personal injury lawyer right away.

The Basics of Personal Injury

While the particular facts of each car accident likely vary, the legal process is generally the same. In general, state law governs personal injury cases including those relating to car accidents. There is an exception, however, when the accident involves parties from different states or countries as they often may do, federal–or even international–law may apply to the case at hand. Outside of this particular situation, most personal injury cases are filed in the state where the injury occurred.

Statute of Limitations

A plaintiff, or the person bringing the lawsuit in court, always has the burden of proving an injury incurred for which compensation is a legal remedy. On top of this, he or she must also prove the defendant was at fault. In order to do so, evidence is often presented in court and includes medical records, videos and/or photos of the accident and/or the scene, proof of medical bills and other factually relevant information.

Notwithstanding, statutory time limits govern a person’s ability to file a lawsuit relating to an accident and exist across the nation. Under South Carolina law an injured party has three years to file a lawsuit for a car accident. This time frame also applies to seeking a legal remedy for death, personal injury or damage to personal property. It is extremely important to know when the statute of limitations begins because it directly affects a person’s ability to recover.

Specifically, if a person fails to file a lawsuit within this time, the case will be barred completely. State law demands that the clock starts ticking from the date of injury. Sometimes, however, the begins from the date the plaintiff discovered the injury. Notably, when a person is filing a claim against a municipality or county, this time limit is often shorter.

Anderson Personal Injury Lawyer

Many factors pertain to personal injury cases, making the legal issues complex and timing essential. For this reason, it is important to contact an experienced and aggressive Anderson personal injury attorney right away. Servicing the families of South Carolina for the past three decades, the legal professionals at The Law Offices of Steven M Krause PA will fight for you. Call (864) 225-4000 today to schedule your initial consultation.

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Steven M. Krause

Steven Krause is a personal injury, auto accident, and workers’ compensation lawyer who practices in Anderson, SC. He graduated form the Thomas M. Cooley School of Law and has been practicing law for 40 years now. Steven Krause believes in fighting for the injured. Learn more about his experience here.