Personal Injury and Civil Rights Litigation Attorneys in Columbia, South Carolina

Federal law protects all United States citizens against crimes motivated by specific elements. Hate crimes include criminal acts that are motivated by race, national origin, color, sexual orientation, gender, gender identity, religion, or disability. However, currently, South Carolina is only one of three states that does not have laws on the books that address hate crimes. Lack of state laws can often make it challenging for victims to receive justice. Therefore, if you have been the victim of a hate crime, you must hire an attorney with a thorough knowledge of federal law and how it can be used to build and strengthen your case.

Federal law protects an individual’s right to receive an education free from the use or threat of force due to a person’s race, color, national origin, color, disability, or other protected statuses. These federal laws prevent any public school or college from denying applicants admission based solely on their characteristics, such as race or sexual orientation. However, because South Carolina does not have specific hate crime laws, those who have experienced discrimination in the educational system must hire an experienced attorney who can investigate the case and fight to help them receive fair treatment.

South Carolina has a three-year statute of limitations on personal injury cases. However, if a minor sustains injuries, the clock does not begin “toll” or start until they are 18. However, this rule does not apply if their parents or guardians have filed on their behalf. Likewise, the time limit can also be extended if the victim has been hospitalized due to physical disabilities or mental illness. Finally, in medical malpractice cases, the clock begins to toll once the injury was discovered, should have reasonably been discovered and not more than 6 years from the original treatment date.

South Carolina law allows personal injury victims to pursue punitive damages if their cases meet specific legal criteria. This legal criterion dictates that the at-fault party acted with conscious indifference, malice, or reckless disregard for the injury victim’s rights, safety, or health. Additionally, South Carolina is like the surrounding states of Georgia or North Carolina, all of which have caps on punitive damages. However, punitive damages can be challenging to obtain as they are meant to punish the wrongdoer. Therefore, it is always best to have an attorney determine if they are appropriate for your case.

South Carolina adheres to the modified comparative fault rule in accident cases. The modified comparative fault rule allows accident victims to recover compensation but reduces the compensation they can recover by their percentage of fault. For example, if a plaintiff is awarded $100,000 but were 10% at fault for causing the accident, they would only receive $90,000. However, if the victim is 51% or more at fault, they cannot recover any financial compensation. For this reason, it is critical that accident victims hire an experienced attorney who can determine liability issues.

It is important to note that medical errors are not the same as medical malpractice under South Carolina law. Several legal elements must exist to prove a South Carolina medical malpractice claim successfully. First, the plaintiff must prove that the medical professional failed to exercise the duty of care and skill expected of a similar healthcare provider working under the same circumstances. Second, the medical provider’s failure to exercise their duty of care was the direct cause of the plaintiff’s injury. Lastly, an expert witness must provide testimony that the provider’s failure to act accordingly was the cause of the injuries.

Many personal injury victims are initially unaware that most cases are settled out of court. Both sides typically want to resolve the claim and avoid costly and time-consuming litigation. Instead, personal injury attorneys work with insurance company representatives to negotiate a settlement that provides for the injury victim’s economic and non-economic damages. However, suppose the insurance provider is unwilling to negotiate a fair settlement. In that case, it may be necessary for your attorney to take your case to court to ensure you recover maximum compensation for the expenses you have incurred. For this reason, you must choose an attorney with prior courtroom experience.

In South Carolina, a dog owner is “strictly liable” for injuries caused by their dog. South Carolina is unlike other states where it must be determined that the dog owner was reckless or negligent in containing their animal. Under the law, if the dog bites another person, the owner is responsible, and their insurance company will most likely have to compensate the victim for damages. However, there are exceptions to the strict liability rule if it is determined the victim provoked the dog or was trespassing. A dog bite attorney can provide more information on South Carolina’s strict liability laws and how they may affect your claim.