• Many personal injury cases stem from car accidents.Choque frontal image by quicolopez from Fotolia.com
  
  Every state, including South Carolina, has a body of personal injury laws designed to regulate disputes between private parties in the event of some sort of injury. Typically, the injured party will seek monetary compensation from whomever he alleges was responsible for his injuries. Personal injury claims can involve both intentional conduct, such as battery or assault, as well as claims of negligence. Personal injury claims centered on car accidents or slip-and-falls are generally based on claims of negligence.
  
  

Negligence

• Negligence is defined in Black's Law Dictionary as "the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation." In South Carolina, as in most states, there are four essential elements to a claim of negligence. First, the plaintiff must show that he was owed a duty of care by the defendant. Second, the plaintiff must show that the defendant breached that duty of care. Third, the plaintiff must show that the breach of that duty caused injury to the plaintiff. Finally, the plaintiff must show that the injury he suffered actually resulted in damages.
  
  

Modified Comparative Negligence

• South Carolina uses a modified comparative negligence system, using the 51 percent rule. Under this system, a plaintiff may only receive damages from a defendant if the plaintiff is himself less than 51 percent responsible for his own injuries. If the plaintiff bares primary responsibility for his injuries, he alone is liable for his damages. If, however, the plaintiff is found to be 50 percent or less at fault, he may seek damages from a defendant in proportion to that defendant's percentage of responsibility for the plaintiff's injuries.
  
  

Punitive Damages

• When an injured party is faced with medical bills, lost wages, diminished quality of life or other relatively concrete costs of an injury, he is said to have "actual damages." In addition to actual damages, a plaintiff may seek "punitive damages" from a defendant. Punitive damages are meant to punish a defendant for his conduct and deter other member's of society from engaging in similar conduct. In South Carolina, punitive damages may only be sought once actual damages have been established. Additionally, punitive damages are only available where a defendant has demonstrated conduct that was willful, wanton or in disregard of the plaintiff's rights.
  
  

Statute of Limitations

• A statute of limitations is a time period within which a plaintiff must bring a claim against a defendant. If the claim is not brought within the statute of limitations period, it is barred, and the plaintiff will typically be unable to seek relief. The statute of limitations for personal injury claims in South Carolina is generally three years, although special rules exist for minors and those with mental disabilities.