Who Is Legally at Fault After a Personal Injury in Rock Hill, SC?
South Carolina uses a modified comparative negligence rule to determine compensation after an accident. If you are 50% or less at fault, you can recover damages, but your award is reduced by your percentage of fault. For example, being 20% at fault on a $100,000 claim means you recover $80,000. If you are 51% or more at fault, you cannot recover any compensation, which is why proving the other party’s negligence is crucial.
South Carolina is an at-fault insurance state, meaning the party who caused the accident is legally responsible for the damages. You may file a claim against the at-fault driver’s insurance, pursue a personal injury lawsuit if needed, or use your own underinsured motorist (UIM) coverage if insurance limits are insufficient. Strong evidence is key to maximizing recovery.
Most personal injury claims must be filed within three years from the date of the accident or injury. Certain exceptions apply, including delayed discovery of injuries, cases involving minors, mental incapacity, and wrongful death claims. Acting quickly helps preserve evidence and strengthens your case, making early legal guidance important.
How Long Does a Personal Injury Case Take?
The timeline for resolving a personal injury claim depends on factors such as the severity of your injuries, the length of treatment, whether liability is disputed, the cooperation of the insurance company, and whether the case goes to trial. Simple claims with minor injuries and clear liability may settle within a few months, while complex cases involving serious injuries, multiple parties, or disputed fault can take a year or longer.
Your attorney can provide a more accurate estimate based on your situation, and you should not let a longer timeline discourage you from pursuing the compensation you deserve. At Stewart Law Offices We work efficiently to resolve cases as quickly as possible while ensuring you receive maximum benefits.
Damages You Can Recover in a Personal Injury Case
South Carolina law allows personal injury victims to seek compensation for their injuries and losses from the parties who caused them. Each personal injury case is different. Our skilled personal injury lawyers will review your claim individually to determine the compensation that you may be entitled to recover.
Our skilled attorneys can help you demand money for your:
- Medical expenses – Compensation for medical treatment costs related to your injuries, including hospital stays, doctor’s visits, surgeries, prescription medications, physical therapy, and other medical bills
- Lost wages – Reimbursement for income lost due to time you missed from work while recovering from your personal injuries
- Loss of future earnings – Compensation for any future income you may lose due to long-term or permanent injuries affecting your ability to work
- Property damage – Coverage for repairing or replacing any property damaged during the accident, such as your car
- Out-of-pocket expenses – Everyday out-of-pocket expenses associated with an accident, including car rental, towing, and mileage reimbursement for travel to medical appointments
- Pain and suffering – Money to acknowledge the physical pain and emotional distress that your injuries caused
- Loss of consortium – Compensation to a family member for the loss of the victim’s companionship and affection
Contact our law firm today for immediate legal assistance and to learn more about what compensation you may be able to recover through a personal injury claim.
We Are Focused Exclusively on Personal Injury Cases
Personal injury attorneys represent people who suffer physical, emotional, or economic harm because of something another party did or didn’t do. Stewart Law Offices is a personal injury law firm in the truest sense: we only handle personal injury cases. We focus all our resources and skills on helping injured individuals like you get the justice and financial compensation you deserve.
Our personal injury practice areas include:
- Car accidents – There were nearly 150,000 motor vehicle accidents in South Carolina in a single recent year, according to the South Carolina Department of Public Safety. Negligent drivers cause many of these accidents. If your car accident resulted from another driver’s careless or otherwise unsafe behavior, you may be entitled to compensation for your injuries under South Carolina law. An experienced Rock Hill, SC car accident attorney such as Brett Lonadier, a member of the York County Bar Association, can help investigate your claim, protect your rights, and pursue the compensation you deserve.
- Truck accidents – When a large commercial vehicle collides with a smaller passenger vehicle, the occupants in the passenger vehicle often suffer catastrophic injuries, including traumatic brain injuries and spinal cord injuries. Truck accident victims recover damages if the driver or the trucking company’s negligence caused the accident.
- Motorcycle crashes – Motorcyclists are susceptible to suffering severe, life-threatening injuries when involved in a collision with larger cars and trucks. We understand motorcycle victims’ unique challenges and will fight hard for fair compensation for their injuries.
- Bicycle accidents – Cyclists have the same rights to the road as motor vehicles, but without the protection of cars and trucks, they are vulnerable to serious injuries such as broken bones, head trauma, and road rash. We understand the challenges bicycle accident victims face and will fight hard to hold negligent drivers accountable and secure fair compensation.
- Pedestrian accidents – Pedestrians struck by vehicles often suffer catastrophic or even fatal injuries. Whether the case involves a crosswalk accident, parking lot collision, hit‑and‑run, or accidents involving children, we recognize the devastating impact these incidents have and will work tirelessly to pursue justice and compensation for victims.
- Boat accidents – Boating should be enjoyable, but accidents can happen when operators act carelessly or safety rules are ignored. Victims may suffer serious injuries, emotional distress, and unexpected financial burdens due to medical bills and time away from work. Understanding how these accidents occur and who may be responsible is an important step toward recovery and protecting your rights.
- Rideshare accidents (Uber/Lyft) – Rideshare accidents present unique insurance challenges. We know how to navigate the complexities of the rideshare company’s commercial insurance, the driver’s personal coverage, third‑party liability claims, and whether the driver was “on the clock” at the time of the crash. Our team will fight to ensure victims receive the compensation they deserve.
- Slip and fall accidents (Premises liability) – Property owners have a legal duty to keep their premises reasonably safe. When injuries occur due to wet floors, uneven surfaces, poor lighting, broken stairs or handrails, debris in walkways, or inadequate security, victims may have a premises liability claim. We are committed to holding negligent property owners accountable and recovering fair compensation.
- Dog bites – South Carolina law holds dog owners strictly liable for bites and attacks. Victims often suffer medical expenses, scarring, disfigurement, psychological trauma, lost wages, and pain and suffering. We will fight to protect your rights and recover the full compensation you need to heal and move forward.
- Work accidents – Workplace accidents can prevent an injured employee from working and earning a living. If you’ve been injured on the job, you may be entitled to benefits under South Carolina’s workers’ compensation laws. An experienced attorney such as Tyler Bathrick, a member of Injured Workers’ Advocates and York County Bar Association, can help file your workers’ compensation claim and pursue any third-party lawsuits you may have grounds to bring. Our knowledgeable legal team is committed to protecting your rights and securing the benefits and compensation you deserve.
- Wrongful death – South Carolina law allows the spouse, child, or beneficiary of someone who dies because of someone else’s legal fault to receive compensation for their loss. If you’ve recently experienced a tragedy like this, we can pursue a wrongful death claim on your behalf to hold the negligent party accountable.
Call us 24/7 at
866-783-9278 or
contact us online to arrange your free and confidential case review.
Steps to Take After an Accident in Rock Hill
Taking the right steps immediately after an accident can protect both your health and your legal rights. Here’s what you should do:
Seek Medical Attention Immediately
Even if you don’t believe you are seriously injured, it is important to see a doctor right away. Some injuries, such as internal bleeding, concussions, or soft tissue damage, may not show symptoms until hours or days later. Delaying medical care puts your health at risk and can weaken your claim by creating gaps in your medical records.
Report the Accident
Make sure the accident is reported to the proper authority. For car accidents, call 911 and obtain a police report. Slip and fall incidents should be reported to the property owner or manager, workplace injuries must be reported to your supervisor, and dog bites should be reported to animal control. Having an official report strengthens your case.
Document Everything
If you are physically able, gather as much evidence as possible. Take photos of the accident scene, your injuries, and any property damage. Collect witness information, write down what happened while it is fresh in your mind, and save all receipts related to medical treatment, prescriptions, or repairs.
Preserve Evidence
Do not repair or throw away damaged property until it has been documented. Keep clothing, helmets, or other items that were affected. Save all medical records and bills, and consider keeping a pain journal to show how your injuries impact your daily life.
Contact a Lawyer Before Talking to Insurance
It is best to let your attorney handle communications with insurance companies. Avoid giving recorded statements, signing documents, or accepting early settlement offers without legal review. Also, refrain from posting about the accident on social media, as insurers may use your words against you.
Follow Your Doctor’s Orders
Attend all medical appointments, complete prescribed treatments and therapy, take medications as directed, and follow any activity restrictions. Ignoring medical advice can give insurance companies an excuse to argue that your injuries are not serious or that you made them worse.
Contact an Experienced Rock Hill Personal Injury Attorney for Help
At Stewart Law Offices, we take the stress off clients so they can focus on recovering from their physical and psychological injuries. When you hire our law firm after a personal injury accident, you can count on our personal injury firm to:
- Promptly answer calls and return messages
- Personally visit you at your home or in the hospital
- Send an experienced attorney, not a staff member, to discuss your case
- Review insurance coverage and all your options to maximize financial recovery
- Fight aggressively with insurance companies for the maximum compensation you need
- Treat you with respect and compassion
- Advise you when it is in your best interest to file a personal injury lawsuit
Our personal injury lawyers work on a contingency fee basis*, so we will not charge you any attorney fees unless and until we recover compensation for you. We also provide a free consultation, so you can speak with an experienced lawyer now if you’d like to learn more about your legal rights and options.
Are you ready to begin your case? Then contact an experienced personal injury lawyer at Stewart Law Offices today for help. We will fight to protect your rights. Because we work on a contingent fee basis, we only get paid if you do.
