South Carolina Personal Injury Lawyer

Quick Summary:

• Personal injury lawyers protect you from insurance company tactics and secure a fairer claim.
• Compensation for personal injury includes economic, noneconomic, and sometimes, punitive damages depending on the case.
• You have 3 years to file a personal injury claim in South Carolina for most cases.
• Compensation is affected by fault, and you recover nothing if you are ≥51% responsible.
• Darrigo & Diaz’s legal team serves South Carolina and provides services for victims of accidents.

If you ever find yourself in need of representation after an accident, Darrigo & Diaz Personal Injury Attorneys has a personal injury legal team serving South Carolina who can tirelessly fight for the compensation you need. We handle personal injury cases ranging from car accidents, to product liability, and everything in between.

The Advantages of a Personal Injury Legal Team Serving South Carolina

Insurance companies are a business, at the end of the day, and despite what protections they put down on your plan, a claim costs them money. There is little incentive for a business to hand out four, five, or even six-figure sums and hurt their bottom line.

Personal injury attorneys fight back against this. Our legal professionals take the burden of pursuing damages off of your shoulders so you can focus on your healing and recovery after an injury.

Understanding the Legal Landscape

The average person isn’t expected to understand the legal system, but still has to follow it. Our team removes that friction by observing South Carolina laws relevant to your claim.

Different laws determine what you can get after an injury, as well as whether you can get anything in the first place. We review your claim, look at the facts, and determine how best to move forward so you get the resources you need to move forward after an accident.

Investigation and Evidence Gathering

We work with professionals and experts in different fields to learn more about your accident. Our legal team gathers evidence to determine what happened and how it supports your claim.

We review:

• police reports
• medical records
• witness statements
• photographs
• any other documentation that can strengthen your case.

Thorough investigation ensures no detail is overlooked and that your claim accurately reflects the full scope of your damages.

Claim Valuation

The evidence a personal injury lawyer gathers goes a long way to determining the true value of your claim. We account for all damages that might qualify under one of three categories:

• Economic Damages: Things like medical bills, lost income, and any expenses you incur as a result of your injury can fall under this category. If you can prove it with a receipt, you can argue for coverage… assuming you can also prove your accident necessitates the expense, but that’s where we come in.
• Noneconomic Damages: These are indirect but nonetheless real losses suffered, including emotional distress, pain and suffering, loss of quality of life, etc. These are harder to quantify and cannot be proven by receipts.
• Punitive Damages: These are primarily intended as punishment and to dissuade behavior that caused the accident in the first place. The amount typically goes to the plaintiff, though courts may allocate a portion of the amount to the state.

Negotiation With Insurance Companies

When it comes time to sit down with the insurer, we present our findings and our stance and demand what you are owed.

Insurance providers will try to deny your claim, or at least devalue it. Experienced legal representation means you have someone on your side who understands insurance adjuster tactics and how to push back against them.

If your injuries prevent you from attending the negotiation, you can rest assured that your lawyer will be there on your behalf, representing your interests.

Court Representation

There are times when, despite our best efforts, an insurer will refuse to give you what you are owed. If there is a chance for more compensation, your lawyer will take the next step and file a personal injury lawsuit.

Lawsuits are often a last resort due to the time and resource cost to parties involved. Because of this, most lawsuits end in a settlement.

Regardless of whether or not your case will make it to court, however, the threat of a lawsuit is often enough to make a liable party more willing to sit down for negotiations.

Understanding South Carolina Personal Injury Law

South Carolina personal injury cases are built on the concept of negligence. That is, that a party owed you a duty of care, that the duty of care was breached, that there has been injury, and that the injury was in fact, caused by the breach of duty of care.

Once negligence has been established, the state provides clear parameters for how long you have to pursue compensation and the amount you are entitled to.

How Long Do I Have to File My Claim?

The deadline for filing a claim in South Carolina for a personal injury is typically three years from the date as per the Code of Laws. This is called the statute of limitations, and failing to file before it expires means you will lose your right to pursue compensation regardless of how strong your case may be.

The statute is a general rule, however, not an absolute. There are several exceptions that may affect the time you have to file.

• Discovery Rule: If an injury is not immediately known after an accident, the clock starts running on the date of discovery (or within a period of time from when it should have reasonably been discovered). The discovery rule applies mostly to medical malpractice or other cases where symptoms can be traced back to a cause but do not appear immediately.
• If the Injured Party Is a Minor: If a person was a minor when they were injured, the statute of limitations is tolled (paused) until their 18th birthday. This means injured minors have up to three years after becoming legal adults to pursue a claim.
• If the Injured Party Is Incapacitated: If a person is physically or mentally incapable of pursuing a claim—say, due to a coma, severe injury, brain damage, etc—then the clock is paused until such time they can attend to their matters. This does not prevent a legal representative from acting on their behalf during this time.
• If the Defendant Leaves the State: If the liable party cannot be located, most often because they left South Carolina, the clock stops ticking until they are found.

Conversely, there are some conditions that may reduce the amount of time you have to file a claim. Notably:

• Government Entities: Claims against the government require formal notice and have a time limit of six months to pursue damages.
• Workers’ Compensation: Workers are required to report the injury within 90 days of sustaining it. They must also file the claim with the South Carolina Workers’ Compensation Commission within two years of the injury.

Modified Comparative Negligence in South Carolina

Comparative negligence doctrine means that if you are found partially at fault for your own injury, your compensation may be reduced in proportion to your percentage of fault. So, for example, if you have $10,000 in damages, and you are 30% at fault, you typically only are eligible for $7,000 total.

Modified comparative negligence adds a cap to this (known as a bar). In South Carolina, that cap is set to 51%, which means if you are 51% or more at fault for the injuries you sustained, you are ineligible for compensation.

South Carolina Personal Injury FAQ

Do I have to go to court to win my case?

Not necessarily. Most of the time, cases end with a settlement after a negotiation between your representative and the insurance company’s adjuster.

Even if do you end up filing a lawsuit, most cases will settle before reaching trial. Court only becomes necessary when the insurance company completely refuses to make a fair offer.

How much does it cost to hire legal representation?

Legal representation for a personal injury case usually costs a percentage of your settlement or court award rather than upfront legal fees. This is called a contingency fee, and is structured so that accident victims typically do not owe anything if there is no recovery.

What if I don’t have insurance?

Personal injury compensation is based on identifying who is responsible for the accident and what coverage they have, rather than on yours. If you do not personally carry an insurance policy, you are still able to pursue a claim against the at-fault party.

How long does it take for a personal injury case to resolve?

It largely depends on the case and the details surrounding it. Generally speaking, cases involving smaller amounts and milder injuries settle faster due to insurers offering less resistance, but larger claims can take a year or more.

Some other factors may affect the length of time, such as the period of treatment or whether you have to go to court.

Work With a Personal Injury Legal Team Serving South Carolina Today

If you’ve been injured in the state of South Carolina, our personal injury legal team at Darrigo & Diaz is ready to help.

Ready to take the next step? Contact Darrigo & Diaz Personal Injury Attorneys today at (813) 774-3341 for a free consultation with our legal team. Let us review your case and start fighting for the compensation you deserve.