Our firm helps residents and visitors who have sustained serious injuries in accidents throughout the Palmetto State.
South Carolina is an idyllic location for people looking for a vacation destination or take up permanent residence. Accidents can occur in a variety of different scenarios in any one of a number of different aspects of daily life in South Carolina.
Many accidents are the result of the negligence of other parties, and it is critical for victims in accidents to immediately seek legal counsel for their personal injury cases. Need an Injury Lawyer South Carolina represents people who have suffered severe injuries as well as the families of those killed in accidents caused by another party’s negligence.
South Carolina Personal Injury Lawyers
Our experienced personal injury attorneys are familiar with all kinds of catastrophic injuries, and our firm can conduct a thorough investigation into the cause in order to hold the negligent party accountable. We represent people who live or were injured in Columbia, Hilton Head Island, Florence, Charleston, North Charleston, Mount Pleasant, Rock Hill, Sumter, Greenville, Spartanburg, Goose Creek, Aiken, Myrtle Beach, Anderson, Greer, Summerville, Greenwood, Mauldin, and North Augusta.
Victims who suffer particularly serious injuries not only face overwhelming medical expenses, but are often unable to pay many other expenses because of time away from work. In some cases, people need several months or even years to recover, and certain victims are completely unable to regain any gainful employment.
Do not let concerns about money prevent you from contacting an attorney. Need an Injury Lawyer South Carolina handles personal injury cases on a contingency fee basis, which means you do not pay our firm any fees unless you receive a monetary award.
Insurance companies frequently contact victims and encourage them not to bring lawyers into claims resolution processes, but insurers usually use that lack of legal counsel to pressure victims into accepting settlements that are usually much less than what they are actually entitled to. Our experienced personal injury lawyers will negotiate for a full and fair settlement, and we are not afraid to file lawsuits when insurers are unwilling to provide adequate compensation.
Personal Injury Laws in South Carolina
South Carolina Code § 15-3-530 establishes that actions for injuries to a person must be commenced within three years of the date of the injury. This three-year time limit is known as the statute of limitations, and a person who does not file a legal action within the statute of limitations is usually unable to hold a negligent party legally liable for his or her injuries.
South Carolina follows a modified comparative fault system of determining awards for damages in personal injury cases. Under this system, a person is allowed to collect damages for an injury so long as he or she was not 51 percent or more at fault.
Under modified comparative negligence, a plaintiff’s percentage of negligence is ultimately deducted from his or her final award. For example, a person awarded $10,000 who is found to be 10 percent at fault for his or her injuries would receive $9,000.
Personal injury lawsuits will require plaintiffs to prove all four of the following elements:
- Duty of Care — The negligent party had a legal or moral duty of care to conduct him, her, or itself in a reasonable manner;
- Breach — The negligent party breached the duty of care to the victim;
- Causation — The negligent party’s breach of duty directly caused the victim’s injuries; and
- Damages — The victim suffered physical or financial harm as the result of these injuries.
Unlike criminal cases, in which a defendant’s guilt must be proven beyond a reasonable doubt, a defendant’s guilt in a personal injury case can be proven by a preponderance of the evidence. This simply means the greater weight of the evidence (or more than 50 percent) supports the plaintiff’s claims.
Common Kinds of Personal Injury Cases in South Carolina
Need an Injury Lawyer South Carolina understands that people can be harmed in a wide variety of different activities in an assortment of settings. Some of the types of accidents are firm handles most frequently include:
- Car Accidents
- Operating a Motor Vehicle While Under the Influence of Alcohol (DUI/DWI)
- Motorcycle Accidents
- Commercial Vehicle Accidents
- File-sharing (Uber) Accidents
- Bicycle Accidents
- Pedestrian Accidents
- Bus Accidents
- Wrongful Death
Personal Injury Damages in South Carolina
Victims who for personal injury cases in South Carolina can be entitled to various kinds of damages.
Economic damages are losses that can be calculated and easily proven. Medical bills, lost wages, and property damage are three common kinds of economic damages.
On the other hand, noneconomic damages are much more subjective, but they are awards for other important considerations relating to how a victim’s life has been impacted by an injury. Noneconomic damages include pain and suffering, disfigurement, and loss of consortium.
In some cases, punitive damages may be awarded. Punitive damages are intended to punish defendants for intentional acts to harm or acts demonstrating willful and wanton disregard for the victim’s rights or safety. Punitive damages cannot be unconstitutionally high.
South Carolina Code § 15-32-530 establishes that a punitive damages award cannot exceed the greater of three times the amount of compensatory damages (economic and noneconomic damages) or $500,000, whichever is greater. Under South Carolina Code § 15-32-220, noneconomic damages in medical malpractice actions are capped at $350,000 per defendant and $1.05 million per case.
Personal Injury Attorney for Victims Throughout South Carolina
Need an Injury Lawyer South Carolina helps clients injured in communities all over Greenville County, Richland County, Charleston County, Horry County, Spartanburg County, Lexington County, York County, and Berkeley County. We are available 24 hours a day, seven days a week.
Our firm offers a free, no obligation consultation to have our personal injury attorneys review your case and help you understand all of your legal options. Contact us before speaking to any representatives from insurance companies representing the negligent parties. Many of these agents are seeking to get you to make recorded statements that can be used against you later on, but our lawyers will fight to protect your rights and hold all negligent parties accountable.