Personal injury refers to an injury to a person’s body—also known as bodily injury—or to their mind or emotional well-being—also referred to as emotional distress or pain and suffering. The term personal injury is also used to refer to a broad category of legal claims involving personal injuries or death.
Claims for personal injuries are generally known as torts—wrongful acts that are done intentionally or negligently, or for which there is liability without proving negligence (strict liability).
Personal injury claims are primarily a matter of state law and may be compensated by the court system if the injured person—also known as the claimant, or the plaintiff if a lawsuit is filed—can prove liability (another person or entity caused the personal injury) and damages (medical expenses, permanent disability, death).
In South Carolina, personal injury law allows individuals who have suffered bodily harm or emotional distress due to the actions or negligence of another party to seek compensation. These legal claims fall under the category of torts, which can be intentional, negligent, or subject to strict liability, where fault does not need to be proven. To succeed in a personal injury claim in South Carolina, the injured party (claimant or plaintiff) must establish that the defendant is liable for the injury and that there are actual damages, such as medical costs, loss of income, or pain and suffering. The state's laws dictate the procedures for filing a claim, the time limits (statute of limitations), and the types of damages that may be recovered. It is important to note that South Carolina operates under a modified comparative negligence rule, which means that the claimant's compensation may be reduced if they are found to be partially at fault for their injuries, and if they are found to be more than 50% at fault, they may be barred from recovering any compensation.