Columbia Personal  
Injury Attorneys

South Carolina is considered an “at-fault state,” which means you need to prove negligence in any personal injury claim. Generally speaking, negligence is based on the assumption that the other person had a “duty of care” toward you, and they failed in this duty in some way. 

For example, pharmaceutical companies are required to thoroughly test their medications to ensure they’re free of dangerous side effects. Likewise, drivers are expected to follow traffic laws to prevent putting other drivers in danger. When a party fails to uphold their duty of care to keep others safe, their actions are considered negligent, and they may be liable in a personal injury lawsuit.

Every personal injury case is unique, so it’s impossible to give compensation estimates without knowing the unique details of your case. However, an experienced personal injury attorney can usually give you an estimate of how much your case should be worth based on similar cases.

Your compensation could come in many different forms, including:

• Medical expenses
• Lost wages
• Disability payments

• Future loss of income
• Property or possession damages
• Pain and suffering

Another factor to consider is that South Carolina applies something called a comparative negligence rule when determining fault for an accident. Under this rule, both sides in a personal injury lawsuit will be assigned a certain percentage of fault. Ultimately, your percentage of fault will be deducted from your final compensation.

For example, if you are determined to be 10% at fault for your car accident because you were speeding when you were hit by a drunk driver, your final compensation would be reduced by your percentage of fault, which in this case is 10%. So if you would have been awarded $100,000, your final award would be $90,000.

Since South Carolina is an at-fault state, you’ll need to prove that you suffered injuries due to someone else’s negligence to win your personal injury case. Here are a few potential forms of evidence:

• Medical records
• Incident reports
• Witness statements
• Police reports

• Expert testimony
• Pictures and videos from the accident
• Physical evidence from cars, clothes, equipment or tools

Negligent parties almost always try to deny their fault, minimize damages, and give lowball offers to injured claimants. This is why you need a skilled personal injury lawyer to fight for you.

If you’re looking to maximize the compensation that you receive for a personal injury claim, your best bet is hiring the right lawyer for the job. An attorney can do the following to help you get maximum compensation:

• Gather evidence
• File all necessary paperwork on time
• Negotiate with insurers on your behalf

On average, it can take anywhere from 18 to 24 months for a personal injury claim to go to trial. Insurance companies will often try to delay the process even more.

The good news is that many personal injury lawsuits never see a courtroom. Instead, they’re settled out of court after both sides reach an agreement on terms.

Effective negotiations can speed up the timeframe of a personal injury settlement significantly, which is why it’s crucial to hire a firm like ours that has a history of successfully negotiating personal injury cases.

Not every personal injury case goes to court. In fact, most are resolved through settlements before the case ever reaches a courtroom.

The basic process of a personal injury lawsuit:

• Step 1: Your attorney will draft and send a demand letter to the negligent party and their insurance company.
• Step 2: If the parties aren’t able to agree on damages, your attorney will file a lawsuit.
• Step 3: Each party will then depose witnesses and gather evidence to support their claims. Negotiations continue throughout this discovery process.
• Step 4: If an agreement still can’t be reached, a mediator may be appointed to help the parties negotiate a fair settlement.

If your claim still can’t be resolved, your case will go to trial, but this only occurs in a small number of personal injury cases.

In most cases, you have 3 years from the date of your injury to file a personal injury lawsuit in South Carolina. However, there are some exceptions depending on your type of case. 

With a medical malpractice lawsuit, for example, the 3-year clock only starts when you discover your injury, not necessarily when your injury occurred. 

It’s always best to consult an experienced personal injury attorney as soon as possible after an accident to ensure you don’t miss your chance to file a lawsuit.

Many personal injury lawyers work on a contingency basis. This means that you won’t be charged anything upfront. Instead, they’ll take a certain amount of your final compensation. This amount is usually in the range of 25 to 35% and depends on a number of factors, including whether your case goes to trial or settles out of court.

This is a common question for people who have filed a personal injury claim, and there’s no right answer for everyone. Every case is different. Talk to your lawyer about what you’ve been offered, whether it’s a fair and reasonable amount of compensation, and what the odds are that you could successfully negotiate for more.