South Carolina Personal Injury Attorneys

Types of Personal Injury Cases

Personal injury claims commonly arise from traffic collisions or due to medical negligence. Other types of personal injury claims, such as those involving occupational diseases, are sometimes referred to as “torts.” Many cases will involve the injured party suing the party whose negligence, carelessness, or recklessness caused harm. Some cases, including those involving workers’ compensation, do not hinge on proving fault. 

Our South Carolina personal injury lawyers are prepared to represent you in claims involving:

Understanding the Personal Injury Claim Process in South Carolina

Taking legal action against the party responsible for your injuries may seem intimidating, but it is necessary to get just compensation for your losses. One of our main priorities is relieving you of the stress you are no doubt experiencing after an accident. To that end, we work to handle the majority of the legal process so that you can focus on your recovery. Our South Carolina personal injury lawyers will provide regular updates as your claim progresses, and we are available to answer questions 24/7. 

A typical personal injury claim will involve the following steps:

• Getting medical treatment. After suffering injuries in an accident, you should promptly seek medical attention. This is the right thing to do for both your health and your case. If you do not seek medical attention, the insurance adjuster and the jury may think your injuries are not as severe as you say. 
• Contacting legal representation and gathering information. You need a lawyer when you are injured. When you reach out to Stewart Law Offices, the first thing we will do is interview you, either at one of our five offices, at your home, or in the hospital. We want to know everything about the accident, your injuries, your medical treatment, who may be at fault, and any other relevant facts. Next, our attorneys will investigate the case, which will include obtaining all pertinent medical records and bills related to your injuries. This can take several months.
• Making a demand and beginning negotiations. Some personal injury claims are settled before a lawsuit is filed. Our goal is to get you the money you need as swiftly as possible, so if we think your case can be settled out of court, we will make a demand to the other side’s legal representation or insurance company. We will generally not make a demand until you have reached a point of maximum medical improvement (MMI). This is when you have ended all medical treatment and are as “recovered” as possible. We do this to help ensure you receive maximum compensation. 
• A lawsuit is filed. If settlement talks stall or it becomes clear the other side will not accept a fair resolution, the case moves into the litigation phase. We will formally file a personal injury lawsuit against the negligent party.
• The discovery phase. During this stage of the lawsuit, each side will ask the other for information and prepare for trial.
• Mediation and further negotiations. When both sides have the information they want, they will generally meet to discuss a possible settlement. A settlement may be possible through informal conversations between lawyers, but in many cases, the legal representatives will turn to mediation, a process in which both clients and their attorneys get help from a neutral third-party arbiter to try and resolve the case.
• Trial. Mediation often works, but when it does not, the case will be scheduled for trial. Depending on the complexity of the situation, a personal injury trial can last a day, a week, or longer.

HOW CAN SOUTH CAROLINA PERSONAL INJURY LAWYERS HELP WITH A PERSONAL INJURY CLAIM?

When you are injured due to someone else’s recklessness or negligence, it is in your best interest to seek the help of a qualified South Carolina personal injury lawyer. A knowledgeable and experienced attorney can provide invaluable assistance throughout the entire process of filing a personal injury claim, from conducting an investigation into the cause of the accident to representing you at trial if necessary. With their legal expertise and understanding of how insurance companies operate, they can ensure that your rights are protected and that you receive full compensation for your losses.

In addition to providing knowledgeable advice and guidance, personal injury lawyers will:

• Thoroughly investigate the circumstances of the accident and identify all potentially responsible parties
• Collect evidence to show how you were impacted by the injuries caused by the accident
• Obtain medical records and bills related to your injuries
• Calculate economic and non-economic damages, such as pain and suffering, that resulted from your injury
• File a formal personal injury lawsuit against negligent parties if necessary
• Negotiate with insurance companies for fair compensation on behalf of their clients
• Represent clients in court in order to maximize potential damages awarded
• Educate clients about their legal rights so they can make informed decisions about settling or litigating their case
• Investigate whether any third party may be liable for your loss due to liability issues or product defects
• Provide compassionate support throughout the entire duration of the claims process

Recovering Compensation through a South Carolina Personal Injury Claim

A personal injury claim is designed to do more than hold the negligent or responsible party accountable for their actions. It is also meant to make you “financially whole.” Put simply, this means you are entitled under the law to compensation that would restore you to the position you were in before the accident. While no amount of money can make up for all of the intangible damages that can come with serious injuries, you can secure damages that are roughly equivalent to those losses. 

Compensatory damages are meant to compensate for injuries caused by an accident. Compensatory damages can be further broken down into two categories: special compensatory damages (also called economic damages) and general compensatory damages (also called non-economic damages).

Special compensatory damages you may be able to secure after an accident include money for:

• Past, current, and future medical expenses
• Lost income and earning capacity
• Property damage

General compensatory damages you may be entitled to after an accident include money for:

• Physical pain and suffering
• Emotional distress
• Loss of consortium

Documents to Keep after an Accident in South Carolina

Having the right documentation can make all the difference when it comes to getting you fair compensation. It is not possible to document too much in the aftermath of an accident: The more evidence you have, the better. 

Make every effort to retain the following documents after an injury-causing accident:

We want to help you get the compensation you deserve and encourage you to schedule your free initial consultation by calling (803) 408-7352 or contacting us online today.