Charleston Personal Injury Attorneys
Suffering an injury in an accident can be devastating. Not only must you deal with recovery for weeks or months, but the at-fault party or their insurance company may also be reluctant to offer you your entitled compensation. If the liable parties are not held responsible for their negligent actions, you may end up having to pay for the expenses and property damage yourself, which can be difficult to do while supporting a family and missing time from work to heal. That is why you must hire an experienced personal injury attorney to fight for you. Our personal injury attorneys have the litigation experience to help you get the best possible outcome for your case.
At The Farmer Law Firm, our personal injury attorneys are ready to protect your rights and best interests throughout the legal process and ensure the at-fault party is held liable for their actions. Our Charleston personal injury attorneys can investigate the accident, obtain supporting evidence, negotiate a settlement with the insurer, and/or maximize your entitled award in court. Our legal team has handled cases in both state and federal courts throughout South Carolina, so they know what it takes to get the best possible outcome in your case. The Farmer Law Firm provides the legal assistance you need in cases of all types, including:
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Bicycle Accidents
- Pedestrian Accidents
- Wrongful Death Accidents
South Carolina Personal Injury Laws
When you are injured because of another person’s negligent actions, you have the right to file a personal injury lawsuit in civil court to recover compensation for your injury and any other financial losses sustained from the accident. In South Carolina, you have one (1) year from the date of your injury to pursue a legal claim.
To succeed in a personal injury claim in South Carolina, you must show the following elements exist:
- The defendant owed you a duty of care
- The defendant breached their duty of care
- The defendant’s breach of care led to your injuries
- You suffered damages as a result of the defendant’s negligence
There are two types of damages: economic and non-economic damages. Economic damages are comprised of quantifiable losses such as hospital bills, lost income, and property damage, while noneconomic damages include losses that are difficult to quantify, such as pain and suffering, lost quality of life, and emotional distress.
However, what if both or all parties share some percentage of fault? South Carolina follows a modified comparative fault rule, which means your compensation will be reduced according to your percentage of blame.
For example, if you were found 25 percent to blame for the accident and your damages total to $100,000, you can only collect $75,000 (75 percent) of the award. However, if you are at least 50 percent at fault, you will not be eligible to collect any damages.
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