How Are Limb Loss Cases Handled in South Carolina?

An accident — car, workplace or any other accident — can be life-altering. Recovering from injuries sustained following an accident can take a long time. And if those injuries result in amputation, then this can permanently change your life.

Amputation refers to the removal of the accident victim’s limb, whether this is a finger, an arm or a foot. Amputation is basically caused by trauma to the affected limb. It can also happen when a medical procedure goes wrong. Injury victims who have undergone amputation are often compelled to figure out how to adapt to the new normal.

Understanding South Carolina amputation laws

The state of South Carolina, just like all the other states, has its own set of rules regarding personal injury claims, including claims that involve amputations. Here are some of these laws:

South Carolina statute of limitations

South Carolina has a strict time limit for filing personal injury claims. This is known as the statute of limitations. Under this law, accident victims have up to three years from the date of the accident to file personal injury claims. This time period shortens if you are suing a government entity for your injuries. You will lose your right to compensation if you fail to file your claim within these timelines.

South Carolina is a comparative negligence state

Alongside the statute of limitations, South Carolina is also a modified comparative fault state. Meaning, your compensation amount is based on the extent of your contribution to the accident that resulted in your amputation. This law also implies that you lose your eligibility for compensation if it is established that your liability in the accident is 50% or more.

Losing a limb can change your life forever. Find out how you can pursue a personal injury claim if you are involved in an accident that is not your fault.