FAQs

Frequently Asked Questions about South Carolina Personal Injury Law

The Law Offices of Gedney M. Howe, III, answer frequently asked questions about personal injury law in South Carolina. 

Present or prospective clients should rely on these answers as a general guide only—the details and circumstances of every incident are unique and may impact how South Carolina law applies.

How do I know who is at fault for my personal injury?

Ultimately, the court decides who is at fault and for how much fault a given party is responsible, but your attorney usually has a good understanding of where the court may fall on a certain instance.

I think I may be partially responsible for my injury.  Does this matter?

Yes.  You definitely need an attorney to help you with a claim where you are partially responsible, because South Carolina follows a modified doctrine of comparative negligence, which bars recovery if you are more at fault than the other party. 

What if many people contributed to my injury?

South Carolina also follows a doctrine of joint and several liability, which means that any one individual that contributed to your injury may be responsible for the whole amount of your damages, but joint and several liability does not override comparative negligence.  If you think you are responsible, too, your attorney needs to know upfront in order to help you as best he or she can.

I shot myself in the leg with my new gun, even though I was being as careful as I always am.  How do I know if the product was defective?

South Carolina product liability rules are different for firearms.  You may have a case against the gun manufacturer, but the way your attorney will prove the case is different than with other products.  Do not do anything else with the gun—just bring it to your lawyer, so that an expert witness can help build your case. 

I’m terrified to drive after my auto accident and I live in a rural area with no access to transportation.  It’s preventing me from getting myself to work.  What can I do?

You may be able to recover damages for emotional distress and loss of wages.  Let your attorney know if you are experiencing anxiety after an auto accident. Don’t worry more, though; emotional trauma is reasonable after a bad accident, and one of the reasons you pursue a personal injury case is to help you heal overall. 

What is the statute of limitations for personal injury in South Carolina?

The statute of limitations varies depending on the nature of the cause of action. Please contact the office for specific questions about the time frame in which a claim must be resolved and/or a lawsuit filed.

Call 1 843 722-8048 for questions about personal injury in Charleston.