Columbia Car Accident Lawyers
Automobile Accidents in Richland County
Were you injured in an auto accident in Richland County or the neighboring areas? Tom McGrath’s Motorcycle Law Group is here to help you get back on your feet. Since 1990, our firm has fought on behalf of injured motorists throughout the state of South Carolina, providing aggressive legal representation and compassionate, client-focused service. Our Columbia car accident attorneys are available to take your call at any time and from anywhere—when you need us, we are here for you.
How Long Do You Have to File a Car Accident Lawsuit in South Carolina?
Like most other states, South Carolina has a statute of limitations on car accident lawsuits. This means that you only have a certain amount of time to sue the liable party for damages. If you fail to bring your lawsuit before the statute of limitations expires, your case will likely be dismissed.
The statute of limitations on most car accident lawsuits in South Carolina is three years from the date of the accident (or the date of injury). This is true whether you are filing a vehicle damage claim, personal injury claim, or wrongful death claim after a fatal crash.
It is important to note that the statute of limitations only applies to car accident lawsuits, not insurance claims. Although there is no universal rule about when you can file a car accident insurance claim, most insurance companies require you to file your claim within a “reasonable period of time.” This could mean a few days or a couple of weeks after the accident.
Can You File a Car Accident Claim If You Were Partly at Fault?
South Carolina follows a modified comparative negligence rule, which allows you to file a claim for damages if you were partly at fault for the accident. However, you must prove that you were less at fault than the other party. Additionally, if you are determined to have been partly at fault for the collision, the amount you are seeking in compensation will be reduced by the percentage of fault you are found to have. For example, if the insurance adjuster assigns you 25 percent of the blame, your recovery will be reduced by 25 percent, meaning you could only receive 75 percent of the total amount you are seeking.
Under this rule, you may seek compensation for both economic and non-economic damages, such as:
- Medical expenses
- Lost income/wages
- Future medical costs
- Future lost earnings
- Lost earning capacity
- Pain and suffering
- Diminished quality of life
- Miscellaneous out-of-pocket expenses
Our Columbia car accident attorneys at Tom McGrath’s Motorcycle Law Group can review the details of your case during a free initial consultation. Contact us today to get started.