South Carolina Personal Injury Attorney

personal injury victim

When you’re left reeling from an unexpected accident that wasn’t your fault, you need a fierce advocate on your side. You could be entitled to monetary compensation for your losses, but securing that money is hard, especially when you’re managing a painful recovery. That’s where Joe Cunningham Law comes in.

A former U.S. Congressman for South Carolina’s 1st District, Joe Cunningham is dedicated to championing accident victims’ rights and demanding the compensation they’re owed. He doesn’t back down when penny-pinching insurers refuse to play fair. Instead, Joe crafts intelligent legal strategies and negotiates aggressively, keeping the pressure on the insurance companies and ensuring his client’s needs come first.

Ready to discuss your injury case with a trusted legal professional? Contact Joe Cunningham Law today for your initial consultation with a South Carolina personal injury lawyer. There’s no charge and zero obligation to move forward before you’re ready.

What Are Common Types of Personal Injury Cases?

Personal injury cases all have one thing in common: they involve an individual suffering harm due to someone else’s failure or refusal to act with reasonable care.

Some of the most common types of personal injury cases in South Carolina include the following:

  • Motor Vehicle Accident Cases – These claims involve car, motorcycle, truck, bicycle, pedestrian, and other types of traffic accidents. Victims in these injury cases often must prove that another driver’s negligent or reckless behavior — such as speeding, distracted driving, or driving under the influence — caused the accident.
  • Premises Liability Cases – This category includes cases where an individual suffers an injury on someone else’s property due to unsafe conditions on the property. Premises liability cases commonly involve events like slip-and-falls, dog bites, and inadequate security incidents. If a property owner’s negligent or intentional behavior leads to harm, they could be liable.
  • Product Liability Cases – Product liability cases arise when defective or unsafe products cause harm. In these cases, any parties responsible for putting faulty products into the hands of consumers — from designers to manufacturers to distributors to retailers — could be liable.

What Is My Personal Injury Claim Worth?

Many factors come into play when determining the potential value of a personal injury claim. The most important elements to consider typically include the following:

  • The type and severity of your injury
  • Your age and general health before the incident
  • The duration of your medical treatment
  • The cost of your medical treatment
  • The extent of your physical pain and suffering
  • The impact of the injury on your quality of life
  • The effect on your ability to work
  • The extent of any income losses or loss of earning capacity
  • The clarity and distribution of liability
  • The long-term prognosis for your condition
  • Your need for any future medical care
  • Whether you develop a permanent disability or disfigurement
  • The impact on your personal relationships (loss of consortium)
  • The credibility of witnesses for either party
  • The policy limits of the other party’s insurance
  • Your lawyer’s skill and experience level

What Damages Could I Be Entitled to in a South Carolina Personal Injury Case?

If you got hurt due to someone else’s bad behavior in South Carolina, you could be entitled to damages (money) for the physical, emotional, and financial consequences you’ve endured. You could be entitled to money for:

  • Medical Expenses – This includes past and future treatment costs related to your injury, such as hospital stays, surgeries, medications, physical therapy, and durable medical equipment.
  • Lost Income– If your injury caused you to miss work, you might be able to recover compensation for the income you lost during that time.
  • Loss of Earning Potential – If your injury resulted in a disability that affects your capacity to earn a living in the future, you could be entitled to compensation for those future lost earnings.
  • Pain and Suffering – This loss is about the physical pain and emotional distress from your injury. Your compensation depends on your condition’s severity and long-term impact on your life.
  • Loss of Enjoyment of Life – If your injury has prevented you from enjoying activities and hobbies you once participated in, you could be compensated for lost enjoyment or quality of life.
  • Property Repair or Replacement Costs – If your personal property was damaged due to the incident, you could be entitled to recover the costs of repairing or replacing it.
  • Punitive Damages – In cases where the other party’s behavior was particularly reckless or malicious, the court might also award you punitive damages. These are intended to punish the wrongdoer and deter similar conduct in the future.

How Long Do I Have in South Carolina to File a Personal Injury Lawsuit?

In South Carolina, state law provides limited windows of opportunity to file various types of lawsuits. The filing deadline for most personal injury lawsuits in South Carolina is three years from the date when the accident or injury occurred.

These three years can go by quickly, especially when you’re preoccupied with recovery. Further, certain exceptions could affect the timeline for your personal injury case. Even worse, missing a filing deadline could put your right to recover compensation at risk.

This is where an experienced South Carolina personal injury attorney can make all the difference for your lawsuit. They can handle your case promptly and efficiently to keep your options open and maximize your payout.

How Long Does a Typical South Carolina Personal Injury Case Last?

The duration of a personal injury case in South Carolina can vary significantly based on several factors. The complexity of the case, the severity of the injuries, the clarity of fault, and the willingness of parties to settle are all aspects that can influence how long it takes to resolve your case.

Some straightforward cases, where liability is clear and injuries are minor, might settle in a matter of months. However, more complex cases, where liability is disputed or where injuries require extensive medical treatment, sometimes take a year or more to resolve.

Can I Still Get Compensation If I Was Partly to Blame for My Injuries?

Yes. In South Carolina, the law acknowledges that multiple parties can share fault in an injury accident. It also says that even if you were partially responsible for the incident that caused your injuries, you could still be entitled to compensation from others who share responsibility.

However, there are two important caveats to this rule.

First, the amount of compensation available to you will decrease based on your degree of fault for the accident. The more you contributed to the incident, the less money you can claim for your losses.

Second, you cannot recover compensation from other parties if a court determines you are 51 percent or more at fault for your injuries. In other words, if your share of responsibility exceeded that of the other party, you couldn’t demand payment from them.

The process of determining fault and how it could affect your recovery can be complex and confusing. That’s why working with experienced legal counsel, like the team at Joe Cunningham Law, is essential. Joe and his relentless team can defend your rights, identify supporting evidence for your case, and minimize the impact of any evidence against you.

Even if you believe you were partially at fault for an injury accident, you shouldn’t let it deter you from seeking legal advice.

What Will My South Carolina Accident Lawyer Do for My Case?

When you entrust your personal injury case to a skilled personal injury lawyer like Joe Cunningham, they take on numerous responsibilities to support your recovery and strengthen your injury case.

First, your lawyer will usually conduct a thorough investigation to identify liable parties and gather evidence, such as incident reports, medical records, and witness statements. They’ll use this information to build a compelling case supporting your compensation claim.

They can also estimate the full extent of your losses, considering both current and future costs and lost income associated with your injury. This allows them to calculate a fair value for your case and demand a settlement that accurately reflects your needs.

Throughout the process, your attorney can negotiate with the at-fault party’s insurance company, aiming to reach a fair settlement that accounts for all your losses. If a fair settlement isn’t in the cards, your lawyer can take your case to court, representing your interests and presenting your case persuasively before the judge or jury.

In essence, your lawyer’s role is to provide professional legal guidance, represent your interests, and work tirelessly to pursue the compensation you are owed. They’re there to handle all the legal aspects of your case while you focus on your recovery.

Contact a Personal Injury Attorney in South Carolina Today

Don’t wait another day to seek justice and compensation for your injury. Joe Cunningham Law can shoulder your burdens and work diligently to secure the money you deserve.

Joe Cunningham offers a free, no-obligation consultation so you can get to know him, understand the strength of your case, and feel confident in the path forward. Reach out today to get started with a personal injury lawyer in South Carolina.