Spartanburg Personal Injury Lawyer

What to Do After Being Injured in an Accident in Spartanburg

The steps you take immediately following an accident can significantly impact your ability to recover compensation. Here’s what you should do to protect your rights and strengthen your potential claim:

Seek Immediate Medical Attention

Prioritize your health and safety. Seek immediate medical evaluation, even if you feel fine, as some serious injuries (like concussions or soft tissue damage) may have delayed symptoms. Delaying treatment can worsen your condition, allow the insurance company to dispute your injuries, and weaken your claim due to medical record gaps. Follow all doctor recommendations, attend every appointment, and keep detailed records of all medical care and expenses.

Report the Accident

To document your accident:

• Car accidents: Call 911 and file a police report.
• Workplace injuries: Immediately notify your supervisor and file an incident report.
• Slip and fall: Report to the owner/manager and request documentation.
• Dog bites: Contact animal control and file a report.

Official documentation records the incident’s time and occurrence.

Gather Evidence at the Scene

If you’re physically able, collect as much evidence as possible:

To strengthen your case, collect as much evidence as possible:

• Document the Scene and Damage: Take photographs of the accident scene, your injuries, property damage, and any existing hazardous conditions.
• Identify Witnesses: Obtain contact information from anyone who witnessed the incident.
• Record Details: Note relevant information such as the time of day and weather conditions.
• Preserve Evidence: Crucially, do not move or clean up anything that could be used as evidence.

Preserve All Documentation

Keep copies of everything related to your accident and injuries:

• Financial and Medical Records: All medical records, bills, and receipts.
• Official Reports: Copies of the police or formal incident reports.
• Proof of Lost Income: Pay stubs or other documents verifying lost wages.
• Visual Evidence: Photographs documenting your injuries and their healing process.
• Personal Pain Journal: A detailed journal chronicling your pain levels, physical limitations, and how the injury impacts your day-to-day life.

Be Careful What You Say

To protect your personal injury claim, remember these key actions to avoid:

• Do not admit fault or apologize at the scene of the accident, even if you suspect you may have contributed to it.
• Do not provide recorded statements to insurance adjusters until you have first consulted with your attorney.
• Do not discuss your accident or injuries on social media, as insurance companies often monitor these platforms.
• Do not accept any early settlement offers before you fully understand the extent and impact of your injuries.

Contact a Spartanburg Personal Injury Attorney Quickly

South Carolina law has a strict three-year deadline from the injury date to file most personal injury lawsuits. Delaying filing can harm your case because evidence may vanish, witness memories fade, and the full extent of your injuries might not be immediately clear.

An experienced attorney can begin investigating your case, preserving evidence, and building a strong claim while you focus on recovery. At Stewart Law Offices, we offer free consultations and can even meet you at your home or in the hospital if you’re unable to travel.

When Should You File a Personal Injury Lawsuit?

While many personal injury claims are resolved through an insurance settlement, our experienced Spartanburg attorneys are prepared to file a lawsuit and take your case to trial when necessary.

Filing a lawsuit may be your best option if:

• The insurance company denies your claim or disputes who is at fault.
• The settlement offer is significantly less than the true value of your damages.
• The insurer is causing excessive delays in an attempt to pressure you into giving up.
• Your serious injuries require compensation that exceeds the limits of the insurance policy.
• The case involves complex liability with multiple potentially responsible parties.

We will carefully advise you on whether settling or pursuing litigation is in your best interest and handle all negotiations on your behalf.

South Carolina’s Statute of Limitations

South Carolina law imposes strict deadlines for filing personal injury-related lawsuits. Missing these deadlines usually means you permanently lose the right to seek compensation.

Here are the key time limits under South Carolina law:

• Personal injury claims — Three years from the date of the injury or from when it was discovered (or reasonably should have been discovered) .
• Wrongful death claims — Three years from the date of death .
• Medical malpractice claims — Three years from the date of the treatment, omission, or operation giving rise to the cause of action or three years from the date of discovery (or when it reasonably should have been discovered), not to exceed six years from the date of occurrence .
• Claims against government entities (South Carolina Tort Claims Act) — A written claim must generally be filed within one year after the loss or injury was discovered (or should have been discovered). The overall statute of limitations for filing suit is two years from the date of loss or injury, but it extends to three years if a claim is filed timely.

Acting quickly is essential. Early consultation with an attorney preserves evidence, allows thorough investigation, and protects your rights before deadlines expire.

Modified Comparative Negligence in South Carolina

South Carolina follows a modified comparative negligence rule. This means you can still recover compensation even if you were partially at fault for your accident, as long as you were 50% or less responsible. However, your compensation will be reduced by your percentage of fault.

For example, if you were 20% at fault and awarded $100,000, you would receive $80,000. If you’re found to be 51% or more at fault, you cannot recover any compensation.

Insurance companies often try to assign more blame to injury victims to reduce their payout. Our attorneys fight to ensure you’re not unfairly blamed for an accident you didn’t cause.

Damages You May Recover in a Spartanburg Personal Injury Case

The compensation available in your case depends on the severity of your injuries, the impact on your life, and the strength of the evidence proving the other party’s negligence. South Carolina law allows injury victims to seek both economic and non-economic damages.

Economic Damages (Tangible Financial Losses)

These damages have a clear monetary value and can be verified through bills, receipts, and financial records:

• Medical Expenses:
  • Emergency room treatment and ambulance transport
  • Hospital stays and surgeries
  • Doctor visits and specialist consultations
  • Prescription medications
  • Physical therapy and rehabilitation
  • Medical equipment (wheelchairs, crutches, braces)
  • Future medical care if you require ongoing treatment
• Lost Income and Earning Capacity:
  • Wages lost while recovering from your injuries
  • Lost overtime, bonuses, and commissions
  • Lost tips (for service industry workers)
  • Vacation days and sick leave used during recovery
  • Reduced earning capacity if you can no longer work in your previous occupation
  • Loss of employment benefits
• Property Damage:
  • Vehicle repair or replacement costs
  • Damaged personal belongings (clothing, electronics, etc.)
  • Costs to repair or replace other damaged property
• Other Out-of-Pocket Expenses:
  • Home modifications to accommodate disabilities (ramps, grab bars, widened doorways)
  • Transportation costs to medical appointments
  • Household services you can no longer perform yourself (cleaning, yard work, childcare)

Non-Economic Damages (Intangible Losses)

These damages compensate for the physical and emotional suffering that cannot be easily quantified:

• Pain and Suffering:
  • Physical pain from the injury itself
  • Discomfort during recovery and treatment
  • Chronic pain that may last indefinitely
• Emotional Distress:
  • Anxiety, depression, or post-traumatic stress disorder (PTSD)
  • Fear of similar future incidents
  • Humiliation or embarrassment from visible injuries or disabilities
  • Sleep disturbances and nightmares
• Loss of Enjoyment of Life:
  • Inability to participate in hobbies and recreational activities
  • Loss of companionship and relationships
  • Reduced quality of life
  • Permanent disability or disfigurement
• Loss of Consortium:
  • Compensation for the spouse of an injured person for loss of companionship, affection, and intimacy

Wrongful Death Damages

If your loved one died due to another party’s negligence, surviving family members may recover:

• Funeral and burial expenses
• End-of-life medical care costs
• Loss of the deceased’s expected future earnings
• Loss of benefits the deceased would have provided
• Loss of companionship, guidance, and support
• Pain and suffering the deceased endured before death

In South Carolina, wrongful death claims can only be filed by the personal representative of the deceased’s estate, S.C. Code § 15-51-20, and compensation is distributed according to state intestacy laws if there is no will.

Punitive Damages (In Rare Cases)

South Carolina allows punitive damages in cases where the defendant’s conduct was willful, wanton, or reckless. These damages are meant to punish the wrongdoer and deter similar behavior in the future. Punitive damages are capped at three times the compensatory damages or $500,000, whichever is greater, S.C. Code § 15-32-530(A). The cap does not apply if the court determines the defendant had specific intent to harm, was motivated by financial gain, knew harm would occur, or was convicted of a felony arising from the conduct.

About Our Spartanburg Personal Injury Team

Attorney Brent P. Stewart started our law firm in 1995 with the goal of giving injury victims and their families a place where they could turn in their darkest hours and find the highly professional and compassionate legal help they need. Today, Stewart Law Offices serves clients from five offices located throughout the Carolinas, including Spartanburg, S.C.

Our law firm operates under a single motto: We treat clients like family. If you need help and can’t come to us, we’ll come to you. We can meet in our Spartanburg office, in your home, or in the hospital. Your comfort is our priority.

We will assist with every aspect of the personal injury claims process, including:

• Listening to your story without interruption
• Explaining your legal options clearly
• Answering all of your questions promptly
• Investigating your claim thoroughly
• Consulting with doctors and other professionals
• Estimating a fair value for your case
• Preparing and making a settlement demand with the insurance company or at-fault party(s)
• Taking your case to trial (if needed)

All cases are handled on a contingency fee basis. That means we charge no costs or legal fees unless we recover compensation for you.*

Free Consultations With a Spartanburg Personal Injury Attorney

Getting started is easy. Call our office to arrange a free consultation. An experienced personal injury lawyer in Spartanburg, SC at Stewart Law Offices will meet with you to go over the facts of your case and discuss your legal options.

If you cannot travel to our nearest office for a consultation, we can visit you in your home or the hospital to provide a free consultation to find out your legal options after an injury. Whether you were a victim of a car wreck, have experienced medical malpractice, or are in need of assistance filing for workers’ comp, Stewart Law Offices in Spartanburg is here to guide you.