A personal injury claim is a legal claim brought by someone who was injured due to another person or company’s carelessness which the law calls “negligence.” A person injured by another’s negligence can recover compensation for medical bills, lost wages, pain & suffering, and other damages caused by the negligence.
FAQs 1 – 4
A personal injury generally involves harm to a person’s body, health, or mental well-being caused by someone else’s negligent or wrongful conduct. Common examples include car accidents, truck accidents, unsafe property conditions, and negligent security incidents.
An insurance claim is typically pursued through direct negotiations with an insurance company without filing a lawsuit. A personal injury lawsuit is a formal court case filed when settlement negotiations fail or litigation is needed to pursue a claim against a party who is not covered by insurance.
Individuals, businesses, property owners, employers, product manufacturers, or multiple parties at once can be held legally responsible when their negligent conduct harms others. Determining responsibility often requires an investigation into who owed a duty of care and who caused or contributed to the injury.
You should seek medical attention, call law enforcement if appropriate, document the scene with photos, and gather witness information. However, you should avoid giving recorded statements to insurance companies and other parties, such as businesses, until you understand your rights and consult an attorney if necessary.
Calling law enforcement is usually the best thing to do if anyone is injured, there is significant property damage, or if fault is disputed. A police report can help document key facts.
If safe, collect driver names, contact information, insurance information, vehicle tag numbers, witness contact details, and photos of the vehicles, roadway, and any visible injuries.
Avoid admitting fault, refusing medical evaluation, signing paperwork, giving recorded statements, or posting about the accident on social media before the facts and injuries are fully understood.
Not always, but if you were seriously injured, missed work, have ongoing medical treatment, or the insurance company disputes fault, it’s usually wise to consult an attorney to protect your claim.
It is especially important when injuries are serious, long-term treatment is needed, fault is disputed, or a commercial vehicle or business is involved.
Minor claims where your total damages are under $7,500.00 may be resolved without a lawyer if liability is clear and medical treatment is minimal. However, settling too early can risk underestimating future medical needs.
Ask about the attorney’s experience with similar cases, common defenses raised in those cases, the time required to resolve the case, how costs are handled and how the law firm communicates updates. Ethical firms should explain that results vary and cannot be guaranteed.
The value depends on your medical costs, lost wages, future treatment needs, the severity of your injuries, and how the injury affects your daily life. Every case is different, and outcomes cannot be guaranteed.
All documents related to your injury and any ongoing injuries such as medical bills and treatment records, lost income documentation (pay stubs, tax returns, etc.), photos, and records showing long-term limitations all help determine value.
There is no official legal formula. Insurance companies may use internal methods, but the value is often based on injury severity, duration, and impact on quality of life.
Yes, if future treatment is medically supported and reasonably expected. Documentation from doctors is often critical.
FAQs5 – 8
In many cases, the statute of limitations is three (3) years from the date of injury; however, some common types of cases have a statute of two (2) years or less, so it’s important to speak with a lawyer as quickly as possible after a serious injury.
In most cases, it begins on the date the injury occurred, not the date you finished treatment.
Yes. The statute of limitations to bring claims against state government and its employees and agents is typically two (2) years and may involve special notice requirements. It is important to speak with an attorney as soon as possible if you believe an act or omission by government has injured you.
Treatment does not pause the statute of limitations. Waiting too long may cause you to lose your right to pursue compensation.
South Carolina law allows for the comparison of fault between the parties to an accident. A party who is more than 50% responsible for causing an accident is barred from recovering damages from the other party. Parties whose fault is equal to, or less than, the fault of the other party(ies) may recover a portion of their damages from the party who is at greater fault.
Fault is determined using evidence such as police reports, witness statements, vehicle damage, photographs, video footage, and sometimes expert testimony.
Comparative negligence means fault can be shared. Your compensation may be reduced by the percentage of blame assigned to you.
Possibly. A ticket does not automatically decide fault. Civil liability is determined separately and depends on the total evidence.
Potential damages may include medical expenses, lost income, reduced earning capacity, pain and suffering, mental anguish, disability, disfigurement, and property damage, and the loss of enjoyment of life and/or ability to participate in family life.
Economic damages are financial losses such as medical bills, lost wages, future treatment costs, and out-of-pocket expenses.
Non-economic damages include pain and suffering, emotional distress, inconvenience, and loss of enjoyment of life.
Punitive damages may be awarded in limited cases involving reckless, willful, or intentional conduct, but they are not available in every case.
Yes. Pain and suffering may be recoverable depending on the facts of your case, the nature of your injury, and how it affects your life
Medical records, therapy notes, consistent complaints of pain, and testimony about limitations in daily life can help support these damages.
Insurance companies often dispute pain and suffering amounts. Payment depends on negotiation, evidence, and sometimes litigation outcomes.
Yes, emotional distress may be part of non-economic damages when it is connected to the injury and supported by evidence.
FAQs 9 – 12
Some cases resolve within a few months, while others take a year or longer, particularly if litigation becomes necessary. The timeline depends on medical treatment, insurance negotiations, and whether a lawsuit is filed.
Delays often occur due to ongoing medical care, disputes about fault, difficulty obtaining records, or negotiations with multiple insurers.
Not always. Settling too early may mean you accept compensation before understanding the full impact of your injuries.
Sometimes litigation creates deadlines, but it can also extend the process due to court scheduling and discovery.
Many cases settle without trial, but some require litigation. A law firm should prepare each case as though it may proceed to trial, while still pursuing reasonable settlement opportunities.
Most cases settle, but trial may be necessary if the insurance company denies liability or refuses to offer fair compensation.
The case enters discovery, depositions may be taken, experts may be hired, and mediation may occur before trial.
Yes. Many cases settle after filing once both sides exchange evidence and better understand the risks of trial.
Negligence occurs when a person or entity is careless in what they do (negligent acts) or when they fail to do something they ought to have done (negligent omissions). Under South Carolina law, negligence is often described as a person failing to act as a reasonable person would have acted under the same circumstances. Negligence generally means someone failed to act with reasonable care, and that failure caused another person’s injury.
Duty, breach, causation, and damages. The injured person must prove each element.
Yes. Witnesses, video footage, photos, and expert opinions can prove negligence even without a report.
Causation means the negligent act directly and foreseeably caused the injury. Insurance companies often challenge causation, especially when there are pre-existing conditions.
A settlement is an agreement resolving the claim without trial. A lawsuit is filed when settlement efforts fail or when litigation is necessary to protect your legal rights.
Yes. Settlements typically involve a release, which usually prevents any future claims from the same accident.
The defendant is served, evidence is exchanged, and the case may proceed to mediation or trial.
Yes. Filing suit does not prevent settlement. It often increases pressure on insurers to negotiate.
FAQs 13 – 16
Insurance companies often use medical expenses, liability factors, and internal formulas. Their first offer may not reflect the full value of the claim, especially in serious injury cases.
They use medical records to evaluate injury severity, treatment length, and whether the injury was caused by the accident.
A reserve is an internal accounting estimate the insurer sets aside for potential claim exposure. It does not guarantee the amount they will pay.
Soft tissue injuries may not show on imaging tests, so insurers may dispute existence or severity of an injury. Consistent treatment and medical documentation help support the claim.
You should be cautious. Early offers may be made before the full extent of injuries is known. Once you sign a release, you typically cannot pursue additional compensation later.
The release typically means you accept a payment and give up your right to pursue further claims related to the accident.
Yes. Many claims settle through negotiation, especially when liability and damages are well documented.
In most cases, once a settlement agreement and release are signed, the claim cannot be reopened.
You may still have options through your uninsured motorist (UM) coverage, and sometimes other insurance policies may apply.
You typically notify your insurer, provide accident documentation, and prove the other driver was uninsured.
Often yes. Passengers may be covered under the vehicle’s policy or their own household policies.
If the driver was acting within the scope of employment, a business policy may apply, depending on facts and coverage.
South Carolina minimum coverage may not be enough to cover serious injuries. Your underinsured motorist (UIM) coverage may help in certain cases.
Policy limits can be confirmed through insurance disclosures, demand requests, or formal litigation discovery.
Possibly. UIM coverage may apply when the at-fault driver’s insurance is insufficient to cover your damages.
Often yes. Most policies require notice and an opportunity for the UIM carrier to protect its subrogation rights before settlement. Failing to provide notice may jeopardize UIM benefits.
