Legal Question in Personal Injury in South Carolina

My wife fell in a large hole in a NJ store parking lot.

She had a severe ankle sprain and it required a couple of months of PT, the total bills came to $6k.

We live in SC and she is currently in negotiations on a settlement.

My wife is retired so there were no lost wages, however, she is a housewife and I had to help her

do her normal chores ( cooking, cleaning, wash etc.) when I came home from work.

In S. Carolina we have a law that I could seek compensation, ("Noneconomic damages” nonpecuniary damages arising from pain, suffering, inconvenience, physical impairment, disfigurement, mental anguish, emotional distress, loss of society and companionship, loss of consortium, injury to reputation, humiliation ...)

I am considering seeking a reasonable reimbursement for my extra duties under this law.

My question is: If we cannot settle through negotiations can I take this to "small claims"

court in South Carolina, (we have a have a $7500 max and I am seeking less than 2k)

my concern is that the store is located in several Northeast states and none in SC.

Can I file in SC? That isn't where my Wifes' injury took place but it is where I live.

Would they even have to answer it since they don't do business in SC?

Thank you for any help you can give.



Asked on 8/12/10, 9:00 am

1 Answer from Attorneys

Alton L. Martin, Jr. Martin & Martin Attorneys, PA

South Carolina would not have jurisdiction. You should contact a New Jersey attorney.

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Answered on 8/17/10, 12:00 pm

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