D. Michael Kelly Personal Injury Law Blog on Lawyers.com

How Has Accident Litigation Changed Over the Years in SC

Tuesday, September 29, 2009 by D. Michael Kelly

Changing Accident Litigation in SC
As in every state, the laws surrounding Columbia personal injury litigation and accident litigation in South Carolina have undergone significant changes in the past twenty years. These changes affect how accident litigation is handled as well as the compensation a plaintiff can receive in a case. Here are just a few of the ways South Carolina accident litigation has changed.

Expert Witness Reform in 2005: In 2005 South Carolina amended the law to increase the standard for allowing expert witnesses to testify in a civil trial. This reform specifies the criteria an expert witness must fulfill in order to testify in a civil trial.

Frivolous Lawsuit Sanctions in 2005: This legal reform allowed sanctions to be filed against parties and lawyers who file frivolous claims in civil court. If a claim is deemed to be frivolous, a lawyer can be reported to the Commission on Lawyers Conduct and a public report filed with the Supreme Court.

Medical Malpractice Reform in 2005: This reform requires a party to file a Notice of Intent to File Suit in a medical malpractice claim, and engage in mediation before filing a claim. If a settlement can not be reached through mediation, a plaintiff is entitled to file a claim.

Medical Malpractice Damages Reform in 2005: According to this 2005 South Carolina reform, the noneconomic damages a plaintiff can seek is limited to a maximum of $350,000.

Statute of Limitations Reform in 1988: Before this reform, the statute of limitations for filing a claim was six years. After the statute change in 1988, the time limit was cut in half to three years after the date of an incident to file suit.

These are only some of the reforms to South Carolina accident litigation that have taken place in the last twenty years. For more information on reforms and how they may affect your case, speak with a Columbia personal injury attorney.

The article has been provided by the Columbia personal injury law firm of:
The Mike Kelly Law Group of South Carolina
500 Taylor Street
Columbia, South Carolina
29201
Toll-Free: 866.959.4341

Posted at 09:49 AM

Topic: Personal Injury