South Carolina Personal Injury Lawyer

Many accidents result from inexcusable negligence, and the person responsible should not be allowed to get away with it. Even though many personal injury claims do not involve criminal actions, you can still seek justice through the courts. Our team is prepared to assist in your personal injury case so you can get fair financial compensation.

If you find yourself hurt in an accident, you should immediately call for emergency assistance, including medical personnel and the police. When ready, you should call a lawyer to discuss how to get compensation for your injuries. Before you can get compensation, you need evidence of your injuries and damages. Evidence is sometimes tricky to find, but our team is here to help. Evidence is necessary to support your claims for damages, which may include economic costs related to your injuries and painful yet subjective personal experiences, like pain or emotional suffering.

Get a case assessment for no cost from our personal injury attorneys by calling (803) 219-4906 and talking to our team at Rice, Murtha & Psoras.

What to Do if You Experience a Personal Injury in South Carolina

Being injured is sometimes a rather mundane experience. Minor injuries are often regarded as more of a nuisance than an emergency. However, many injury cases involve extreme bodily injuries, and victims might be so scared and overwhelmed that they do not know what to do. The first thing you should do, no matter how serious or minor your injuries might be, is call for help. Even if you do not think you need a doctor, go see one. Not only do you need to be checked out by a physician, but they will keep thorough records of your injuries and treatment that our personal injury attorneys might need later to prove your damages in court.

It is also a good idea to contact the police after an accident. In some cases, like car accidents, you might be required by law to contact law enforcement. Even if you are not, doing so might still be helpful. They can determine if the other person who caused the accident might face criminal prosecution for their actions. They can also investigate, find evidence, and compile an official report.

While waiting for help, try to document as much as you can. Accident scenes are often cleared away quickly, and evidence might be lost. Take some pictures, record a video of the accident scene, or just jot down notes about what you see. These details might be valuable to your case.

Finally, after you get the medical care you need, call a lawyer to discuss your legal options. Maybe you only need to file an insurance claim. Maybe a lawsuit is necessary to get the full extent of your damages covered. Maybe other legal options exist that may better serve you. Your attorney can help you figure these things out.

Collecting Evidence for a South Carolina Personal Injury Case

Preparations for a personal injury case may begin almost immediately after an accident. While your top concern should be getting emergency help and getting to a doctor, you should take steps to preserve evidence if you are able to do so. Take some pictures, record videos, and talk to people around the accident. Once the accident scene is cleared away, evidence might be lost forever.

People who were around the accident scene might testify in your case as witnesses. Eyewitnesses may recount exactly what they saw the day that your accident occurred. If we can get multiple witnesses from different vantage points, we can paint a more accurate picture of how your accident happened for the judge and jury. Your own testimony might be equally valuable. Only you can testify about certain aspects of your costs, pain, suffering, and other ways the accident and your injuries have affected you.

Possible Damages You May Claim in a South Carolina Personal Injury Case

Damages in personal injury cases are sometimes known for being quite large. Being injured is not just a painful experience but an expensive one. Your attorney can help you determine what damages are available in your case and how much compensation you may be entitled to.

Compensatory Damages

Compensatory damages comprise your painful experiences and related costs from the accident. Generally, these kinds of damages are classified as either economic or non-economic. Economic damages commonly include the value or property damage, medical bills, and lost earnings if you cannot work after the accident. You must keep an accurate record of your costs from the accident to maximize these damages and your compensation.

Non-economic damages are more subjective, as they do not relate to money. Instead, they revolve around your painful experiences from the accident. You may claim pain from your injuries, mental trauma from the accident, and various other forms of suffering or unpleasant experiences. The trier of fact – usually the jury or judge – may decide how much these damages are worth.

Punitive Damages

In rare instances, a plaintiff may be awarded punitive damages, which are intended to be an expensive punishment for defendants rather than compensation for any specific losses. According to S.C. Code Ann. § 15-32-510, punitive damage must be pled for specifically in your initial complaint. If you do not ask for punitive damages, the court will not consider them even if they would be available.

Under § 15-32-520(A), punitive damages are determined in a bifurcated trial, meaning the trial occurs in two stages. During stage 1, the court may decide compensatory damages. If compensatory damages are not awarded, punitive damages are off the table. In stage 2, the court may decide if the defendant is liable for punitive damages, which may only be awarded if we can prove by clear and convincing evidence that the defendant’s conduct was reckless, willful, or wanton.

Under § 15-32-530(A), punitive damages are usually limited to 3 times the value of compensatory damages or $500,000, whichever is more. However, the judge may increase or even remove these limits under very specific circumstances.

Talk to Our South Carolina Personal Injury Lawyers for Help

Get a case assessment for no cost from our personal injury attorneys by calling (803) 219-4906 and talking to our team at Rice, Murtha & Psoras.