Starting a Personal Injury Claim in South Carolina
South Carolina is an “at-fault” state, which means the party responsible for causing the accident must pay for the damages. To secure compensation, your lawyer will file a claim with the at-fault party’s insurance company.
Unfortunately, insurance companies are rarely eager to pay full compensation. They may:
- Deny the claim altogether
- Offer a settlement that undervalues your losses
- Shift blame to reduce their client’s liability
That’s why it’s crucial to involve a Rock Hill personal injury lawyer early in the process. We can handle the paperwork, gather evidence, and push back against unfair practices. If negotiations fail, we’ll take your case to court in York County.
Understanding the Damages in Your Claim
One of the most important steps in any personal injury case is accurately calculating your damages. Compensation generally falls into the following categories:
Economic Damages:
These damages cover tangible financial losses, including:
- Medical bills
- Prescription medications
- Physical therapy
- Lost wages from time off work
- Loss of future earning potential
Noneconomic Damages:
These damages reflect the emotional and personal toll your injury has taken, such as:
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Disfigurement or permanent disability
Punitive Damages:
In rare cases involving gross negligence or malicious conduct, punitive damages may be awarded to punish the at-fault party. A drunk driving accident or an intentional act of harm might qualify.
South Carolina’s Modified Comparative Negligence Rule
In South Carolina, personal injury cases are subject to the modified comparative negligence rule. This means:
- You can recover damages even if you were partially at fault, as long as you are less than 51% responsible.
- Your total compensation will be reduced by your percentage of fault.
For example, if you are found to be 20% responsible for the accident, your compensation will be reduced by 20%.
Reaching a Settlement
Often, a case can be resolved through a negotiated settlement without going to trial. Once you retain our firm, your Rock Hill personal injury lawyer will begin building your case and opening negotiations with the insurance company.
Settlements can occur at any point—before a lawsuit is filed, during litigation, or even right before a jury delivers a verdict. It’s critical to calculate damages correctly, as once a settlement is signed, you can’t go back and ask for more money.
Our attorneys know how to strategically negotiate to help ensure you receive a full and fair settlement.
