Understanding the Basics Of Personal Injury Law in South Carolina

Personal injury cases fall under tort law, where an injured person can file a civil lawsuit and get compensation for the damages they incurred. There are different personal injury situations such as medical malpractices, road accidents, defective products, neglect at care facilities, and so on. Know your rights and learn what you should do to defend your interests regarding the basics of personal injury law in South Carolina.


Many times, fraudulent parties feigning false accidents influence juror attitudes toward others who have been actually injured. Also, millions of dollars have been invested in stereotyping crash victims and the lawyers that defend them. Yet, the truth of the matter doesn’t change. Regardless of an individual’s background, gender, social status, everyone stands equal before the law. A person has the right to hold another accountable if they have been injured due to their negligence and misconduct.

All Cases are Different

Permanent disability, hospital costs, the jurisdiction in which the event happened, and witness testimony are all considerations that influence the value of a prosecution. However, two considerations affect the value of a lawsuit more than any other: the defendant’s actions and the client’s character.

While losses are guided by responsibility, the client’s biggest advantage is their reputation. The case can never meet its full potential without a genuine and generous client, regardless of how competent and professional the attorney may be. It’s essential to be open and frank with your solicitor from the start to work together to solve any obstacles with your case.

Health Insurance

A huge benefit for injured persons of having healthcare insurance is that it enables them to avail of medical services when they may not afford them. We would insist that the insurance provider of the party-at-fault pay for your medical bills if you were in an accident. Here, the expression “hospital bills” refers to the actual cost or worth of the care you need.

For example, your hospital bill may come up to $5000, but your healthcare insurance may cost only $500. Nevertheless, the law states that the guilty party has to pay the complete sum of $5000.

Six Facts to Keep in Mind

In South Carolina, receiving compensation doesn’t only include hospital costs, bodily injuries, and chronic suffering. Questions in the form of evidence need to be answered. These six questions are:

  • The incident that resulted in injury
  • Party to be blamed
  • The extent of injuries sustained due to the incident
  • Details of medical care received
  • What healthcare complications are you facing now
  • What effect did the incident have on your life

One may feel that these points can be answered quite quickly. However, insurance companies tend to challenge personal injury lawsuits. You do not need to be worried about this. We will do our very best to help you through the situation successfully.

Fair Compensation

You cannot claim compensation if the party-at-fault isn’t found guilty by the South Carolina court. While sometimes the case is quite obviously caused by negligence, there are instances when it can be debated or argued against. A lawyer will help you through such cases by refuting the claims by locating facts and witnesses and earning you the compensations you deserve.

Proving that the Cause of Your Injuries is the Party Liable

You’ll need to prove that your injuries are, in fact, caused by the incident and the party-at-fault instead of it either being a pre-existing problem or from other reasons. This element is known as ‘causation’ in law. For example, you may have damaged your knee accidentally, but the insurance company may argue that you already had a bad knee before the incident. As a counter, you may need to bring in your family and doctor to establish that the negative change in your health is due to the incident.

Lost Income Is Covered By The At-Fault Party’s Insurance As Well

The extent of your injuries may force you to underperform or miss a considerable amount of work. You may not earn the same as you did before. This element is known as ‘diminished earning capacity or ‘lost wages,’ and you should be compensated for it by holding the guilty party liable. The insurance company is required to consider the total amount of money that you have lost from the day of the incident and throughout your life due to negligence. So, you mustn’t let them discount your losses.

One Chance at Justice, Call Our Injury Attorneys in Greenwood Today!

You cannot make any changes once you agree to the insurance company’s proposal and sign the release. So it would help if you made sure that you thoroughly consider every last detail of the case by taking your future into factor. Contact a skilled lawyer who can go over the agreement to guarantee that you are not being exploited.

The personal injury law becomes complicated when elements such as evidence, insurance providers, and legal obligations come into play. You do not need to hire an attorney to know the law. Become aware of your rights by booking a free consultation and receiving complimentary samples of my books. Feel free to contact Ayers, Smithdeal, & Bettis today to learn more about personal injury law in South Carolina.


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