Detailed Answer
If you’ve been injured in a bus accident in South Carolina, you may wonder how to file a personal injury claim. Although each case differs, you can follow these general steps to protect your rights and pursue compensation.
1. Seek Immediate Medical Care
Prioritize your health. Obtain a full medical evaluation and keep records of diagnoses, treatments, and expenses. These documents form the backbone of your injury claim.
2. Identify the Bus Operator and Ownership
Determine if the bus is government-run or privately operated. Government-run transit systems often fall under the South Carolina Tort Claims Act. Private carriers operate under standard negligence rules.
3. Preserve and Gather Evidence
Collect photos of the scene, vehicle damage, and your injuries. Secure witness names and contact information. Request a copy of the accident report from law enforcement.
4. Provide Notice for Government Claims
If the bus is operated by a government entity, you must file an administrative notice under the South Carolina Tort Claims Act. See S.C. Code Ann. § 15-78-80 for the one-year notice requirement. Failure to comply may bar your claim.
5. File Within the Statute of Limitations
Most private personal injury actions must begin within two years of the accident. See S.C. Code Ann. § 15-3-530. Government claims have separate notice deadlines as noted above.
6. Draft and File a Complaint
Prepare a complaint stating the parties involved, jurisdiction, facts of the crash, injuries, and the damages you seek. File it in the appropriate South Carolina circuit court and serve the defendant following S.C. Code Ann. § 15-5-30.
7. Engage in Discovery and Settlement Discussions
Exchange evidence through written questions, document requests, and depositions. Evaluate settlement offers, but only accept if it fairly compensates your losses.
8. Proceed to Trial or Alternative Dispute Resolution
If you cannot reach a settlement, the case will move to trial. Courts may also require mediation or arbitration before trial to encourage an earlier resolution.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Keep a detailed accident journal noting dates, times, and symptoms.
- Store all medical bills and repair estimates together.
- Follow all medical recommendations to avoid disputes over injury severity.
- Notify your own auto or health insurer promptly, if applicable.
- Consult an experienced personal injury attorney before accepting any settlement.