South Carolina Personal Injury

In South Carolina, personal injury victims are entitled to receive compensation for the full extent of their damages. This is because the goal of personal injury compensation is to put the victim back into the position that they would have been in had the accident never taken place. Of course, this is not possible in a literal sense. You cannot reverse the immense pain and suffering that comes along with a severe injury. Thus, victims are entitled to recover a financial reward that is equivalent to those damages.

How much you can recover will always depend the specific facts of your case. While every claim is different and your attorney will need to keep all relevant South Carolina laws in mind, nearly all personal injury claims will be affected by two basic laws: the statute of limitations and comparative negligence.

The statute of limitations limits the amount of time you have to file your claim. In South Carolina, you’ll only have three years to file your claim. If you miss this deadline, you could lose your chance at compensation because the courts will likely refuse to hear your case.

Negligence is the failure to take appropriate care when performing an action. When negligence and recklessness play a role in a preventable accident that causes personal injuries, the responsible party can be held liable under South Carolina personal injury or wrongful death laws.

File A Report

The very first thing you need to do if you’ve experienced a personal injury or substantial property damage in an automobile accident, is notify local law enforcement. In fact, you’re legally obligated to do so. Once the police arrive, cooperate fully with the filing of the report, but avoid making any apologies or statements that may imply any responsibility for the accident that could be used against you later. If your condition allows you to, always exchange information with the other driver, including their name, contact information, and insurance.

The first step in a work-related accident is to report it to HR.

In both instances, it’s important to take photos and write down all details concerning the wreck, including car positions, road conditions, fault, etc., if you are able. This will ensure you do not forget any important information later. If there are witnesses, write down their name(s) and contact information, because there may be a need for their testimony at a later time.

Go See a Doctor

Once the police clear you to leave the scene of an automobile accident, it is absolutely critical that you immediately go to a doctor or emergency room to be checked out, even if you do not feel hurt. The same goes for a work related injury. There are two main reasons for this. The first is that certain injuries, such as traumatic brain injuries or head and neck damage might appear minimal or not even at all the day of the accident, but may become acute over time. By going to a doctor early on, you can secure treatment early and possibly avoid complications down the line.

The second reason that going to the doctor right after an accident is vital is because it will minimize the risk of being accused of faking your injury or health condition. When victims wait before seeking medical care, it is harder to ensure that the injuries occurred during the accident and did not elsewhere after the fact. Seeking treatment as soon possible and having an official medical record will strengthen your case.
Determine Fault

In an accident that happens in South Carolina, fault is a critical piece in any case fighting to recover damages. Fault in South Carolina depends on whose negligence, recklessness, or carelessness caused the accident. With an automobile case, it must be proven that the party failed to operate the car in a reasonable and lawful manner. For a work related injury, it must be proven that it was negligence on behalf of the company.

Gather Evidence

After you determine who you believe is at fault, it is crucial to gather all the documents necessary before approaching the at-fault driver’s insurance company. This includes any medical bills, accident reports, witness statements. Once all of this is done, you may file a demand letter with the insurance company of the party responsible for the damages.

File Demand Letter

The demand letter is an explanation of exactly what happened in the accident and the injuries you incurred. The letter should explain in detail all the expenses associated with the injury. If there are continuing health problems that will require continued care going forward, include that with estimated costs. Finally, this letter includes the request for a specific amount of money that will fully compensate you for the harm you have suffered. Once the demand letter has been sent to the insurance company, a claims adjuster will review the matter and the settlement negotiations process will begin. It’s important to know that this process may take several months.

How We Can Help

If we determine that you are eligible for financial compensation, we will help you navigate this complicated process. As with any important negotiation, the settlement process can take a while and requires the skill of a professional who can go toe-to-toe with insurance claims adjusters.

Insurance companies are notorious for attempting to pay injured people less than what they are entitled to, and they often get away with it when injured people attempt to handle their cases on their own. If you choose The McCord Law Firm, LLC, to represent you, we will insist that the insurance carrier properly compensate you for the pain you’ve endured. We will use our expertise to advocate for you every step of the way, so you can focus on your recovery. If you or your loved one’s condition is critical and they are unable to fight for themselves, you can trust that we will fight on your behalf.