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Gather evidence Make a note of the incident in any accident book where your injury took place, take names and addresses of witnesses and if appropriate take photographs of the area. Remember to keep receipts as evidence if you are intending to claim compensation for expenses such as prescription costs and travelling.

The general rule is that you cannot file suit after settling your injury claim.

South Carolina damage caps When suing governments and government officials, damages are capped at $300,000 per person or $600,000 per occurrence. In medical malpractice cases, non-economic damages are capped at $350,000 per defendant and can't exceed $1.05 million for all defendants.

The statute of limitations for personal injury claims in South Carolina is three (3) years. That means you have 3 years from the time of your accident or injury to file a personal injury lawsuit. If you miss the deadline, you can lose your right to legal action.

South Carolina law places pain and suffering in the non-economic or nonpecuniary damage category. Though these damages don't have an obvious monetary value, an attorney can assign value to them when preparing a personal injury claim or lawsuit.

Section 11 of the Limitation Act 1980 (LA 1980) states the limitation period for a personal injury claim, which include road traffic accident claims, is three years. The three-year time limit applies to either of the following. Three years from the date of the accident.