South Carolina Personal Injury Lawyer

South Carolina Personal Injury Attorney

Being injured can be a serious inconvenience with extra visits to the hospital and doctor’s offices, additional expenses, unpaid time off work, and complications with insurance. At worst, injuries can mean life-altering consequences, permanent disability, or even death. When a serious injury occurs because of someone else’s actions, a South Carolina personal injury lawyer can help recover damages and navigate the complexities of the legal system.

If you’re considering filing a claim after an injury, the first step is to consult with an attorney who has a proven track record of successful outcomes in cases like yours. This is the most reliable way to determine if your claim is worth pursuing and what a settlement might be like in your case, as well as get your questions answered about the process and how the law applies in your situation. Understanding the basics can give you a good idea of what to expect.

Personal Injury Explained

Personal injury simply means an injury that harms a person’s body, emotions, or reputation. In a legal context, there is a specific set of conditions that have to be met in order to have grounds to file a claim seeking to recover damages.

• Negligence occurs when someone does not act with a level of care that most people would agree is necessary for the circumstances. For example, when a driver causes a traffic accident by looking at their cell phone while on the road, their actions are considered legally negligent.
• Intentional wrongs are when someone commits an intentional act of harm against someone else. Examples include assault and battery, domestic violence, or trespassing.
• Strict liability is when someone’s actions cause another person to sustain an injury, even if the act was not intentional or a result of doing something wrong. For example, a person can be held liable if they own a dangerous animal that hurts someone, even if they take reasonable precautions to keep others safe.

Damages

Damages is the legal term for financial compensation paid from the responsible party, or defendant, to the injured party who files the claim, also called the plaintiff. The plaintiff must prove that the defendant is liable for their injuries, and when they do so successfully, a judge can order the defendant to pay reparations to the injured party based on several factors.

The CDC reports that South Carolina had about 4,700 accidental deaths in 2023. The related medical costs were an average of $381,000 per person, and the total combined costs were over $13.5 billion.

Economic Damages

Economic damages are concrete financial expenses, which means actual money the injured person lost due to their injury. This can include medical bills, lost earnings due to missed work or lost earning capacity, the cost of repairing damaged property such as car repairs, and other out-of-pocket expenses like transportation to and from doctor and hospital visits, medications, copays, childcare, caregiver wages, medical equipment, and other costs not covered by insurance.

Non-economic Damages

Non-economic damages are less concrete but just as real and seek to compensate the injured person for the ways their injury has negatively impacted their quality of life. These can include:

• The physical pain the person experiences, both right after the accident as well as ongoing as a result of the injury
• Emotional distress and mental anguish, such as trauma, anxiety, and depression because of the injury
• Diminished ability to enjoy life and participate in activities that gave the person a sense of joy and fulfillment
• Loss of consortium, which means the injury had a serious negative impact on the person’s intimacy and relationships, usually with their spouse
• Physical impairment, whether temporary or permanent, especially when it limits a person’s capacity to perform daily activities
• Disfigurement, scarring, or other permanent physical changes caused by the injury

Punitive damages are not as common in South Carolina but can apply in some cases where the plaintiff can prove the defendant’s actions not only caused the accident but that the behavior was egregious or intentional. Punitive damages are intended as a punishment for such wrongful actions.

Damage Caps and Limitations in South Carolina

Most states have some limitations on how much a plaintiff can receive in a personal injury case. In South Carolina, there is no cap on economic damages. However, a plaintiff may only be awarded the amount they can verify with documentation, so it is important to keep copies of medical bills, repair invoices, and other receipts. If someone has lost these, a skilled personal injury attorney can generally get copies of the most significant ones, like hospital costs.

There are also no caps for non-economic damages for pain and suffering in most cases. However, for medical malpractice cases, there is a maximum of $350,000 per claimant per healthcare provider or institution. If there are multiple providers involved in the case, the cap is $1.05 million per claimant. Punitive damages in South Carolina personal injury cases can’t exceed $500,000.

Statute of Limitations

In general, an injured party has three years from the date of the injury to file a claim for damages. In some cases where an injury does not show symptoms for some time, such as internal bleeding or nerve damage, the clock starts at the time the person discovers the symptoms are related to the injury, up to six years in some cases. If a person is a minor when the injury occurs, they may qualify for a one-year extension to file.

It is also important to note that when the plaintiff is a government agency, these amounts vary. The statute of limitations is generally two years rather than three, although the discovery rule still applies. An injured person can receive a maximum of $300,000 from a government agency or official, and South Carolina does not allow punitive damages in cases against the state.

Cause of Action

In legal terms, a cause of action is what happened that led to the injuries suffered by the plaintiff. Not all injuries have grounds for a legal claim. South Carolina follows a modified comparative negligence system, which means that more than one party can be found liable for an incident, and an injured person can recover damages as long as they are found to have 50% or less of the fault.

For example, if two drivers are in a car accident where one was speeding and the other was texting while driving, the speeding driver may be assigned 40% of the fault, and the texting driver may be assigned 60%. The speeding driver would be eligible to file a legal claim for damages, but the texting driver would not. Common causes of action in personal injury cases include:

• Traffic accidents, including cars, trucks, motorcycles, and other motor vehicles
• Medical malpractice like misdiagnosis or medication errors
• Defective products, such as faulty airbags in a car or a toy that causes injury
• Workplace injuries
• Injuries on public premises such as government buildings or parks
• Slip and fall accidents like wet floors or missing handrails
• Pedestrian accidents
• Bicycle accidents
• Boating accidents
• Dog bites
• Burns from fire, chemicals, or other sources

In 2024, South Carolina reported 13,262 personal injury cases. Almost 8,500 of those were related to motor vehicle accidents. Greenville County had the highest number of fatal traffic collisions.

Personal Injury Settlements

Economic damages are awarded based on what documentation the plaintiff provides, and punitive damages, as mentioned above, are only awarded in certain cases where the action that caused the injury was reckless or willful. Non-economic damages, however, can vary considerably based on the facts of the case. South Carolina does not have a specific method for calculating non-economic damages but considers several factors, such as:

• Severity of the injury: More severe injuries or injuries that result in long-term or permanent disability or chronic pain may often receive higher settlements.
• Length of recovery: Long recoveries generally mean more pain, emotional distress, and mental anguish for the injured person, which can warrant more compensation for pain and suffering.
• Effect on daily living: If a person’s injury prevents them from being able to work or do the work they did before the accident, engage in hobbies and recreation they used to enjoy, or participate fully in their personal relationships, it can contribute to
  

  What Makes a Good Personal Injury Lawyer

  When it comes to legal counsel, there is no substitute for a proven record of success in similar cases. An experienced personal injury attorney is well-versed in the complexities of personal injury law and the procedures of the South Carolina Circuit Court system, as well as the tactics and inclinations of judges in such cases. Your lawyer can also access legal and professional resources that you may not be aware of, such as professional witnesses.

  Your knowledgeable personal injury lawyer can review the details of your case and make notes about factors related to liability and other elements that can impact the outcome of the case. Determining liability alone can be complex, especially when more than one party might be responsible for the injury. For example, in a slip and fall case, the property owner, a property management company, and a manufacturer may all have some degree of liability.

  Working with a skilled attorney can maximize your settlement amount with an aggressive legal strategy based on your specific situation and the compensation you need. A lawyer can also act as a barrier between you and insurance companies, medical bill collectors, law enforcement, and others involved in the case and make sure your rights are always protected in interactions with opposing parties.

  FAQs

  Q: Does South Carolina Have Personal Injury Protection?

  A: South Carolina does have personal injury protection. There are laws that allow injured people to file a legal claim against the party or parties responsible for causing their injury. The state also requires that motor vehicles, which are a major factor in many personal injury cases, be covered by liability insurance, which covers some amount of personal injury expenses related to traffic accidents. However, insurance may not always cover the full extent of damages.

  Q: How Much Do Most Personal Injury Cases Settle For?

  A: How much personal injury cases settle for in South Carolina can vary widely depending on several factors, such as the extent of the injury and how much it impacts the injured person’s life. Each case is unique, and the settlement amount hinges on the total amount of medical bills lost wages, and pain and suffering. The most effective way to know how much your case may settle for is by consulting an experienced South Carolina personal injury lawyer.

  Q: How Long Does It Take to Settle a Personal Injury Case in South Carolina?

  A: How long it takes to settle a personal injury case in South Carolina can vary considerably. In cases where the liable party or parties are open to negotiation, cases can be settled relatively quickly. However, in many cases, the process can take a long time to settle. The length of a case often depends on whether the case can be settled out of court. 95-96% of personal injury cases in the US are settled before trial.

  Q: What Percentage Do Most Personal Injury Lawyers Take?

  A: In South Carolina, most personal injury lawyers charge a contingency fee, which means they only get paid if they settle or win your case, and they take a percentage of the total settlement. The percentage depends on the complexity of the case and the lawyer’s experience. South Carolina does not have a cap on the percentage a lawyer takes, but a judge can intervene if the amount is deemed unreasonable.

  Client-Focused Legal Representation in South Carolina

  The seasoned legal team at DAS Law Group, P.A., has more than 100 combined years of experience in personal injury cases in the Carolinas, including multi-million-dollar settlements for clients. If you or a family member have been seriously injured because of someone else’s action, contact our firm today for help recovering the damages you need and holding the responsible party accountable.