Greer Personal Injury Lawyer

South Carolina relies on modified comparative negligence statutes for claims where the injured party has at least some fault. It’s easy to imagine there is only one responsible party in an accident, but in reality, it’s possible for two or more parties to contribute to the incident.

Comparative negligence allows a party who is partially responsible to recover some of their damages so long as they are less than 51 percent to blame. The specific percentage of fault assigned to you, however, is crucial because that amount will be deducted from your settlement.

If you have $30,000 in damages, and you’re 10 percent at fault, you might receive $27,000.

But what if the claims adjuster decides you’re 20 or 25 percent at fault? Your settlement could quickly shrink to $24,000 or $22,500.

Because a higher share of fault on your part means cost savings for the insurance company, the claims adjuster’s estimate of your contributions may be elevated.

This is one reason why engaging the services of an experienced personal injury attorney is essential. We’ll use the available evidence to demonstrate that you had little or no fault and work to convince the claims adjuster that a lower percentage is more reasonable.

It’s common for the injured person to assume their problems are over when the insurance company makes an offer. Unfortunately, this isn’t always the case.

If the insurer makes you an offer—especially if they do so quickly—they might be undervaluing your claim. For this reason, it’s critical that you ask an attorney to review the offer before you sign anything.

There are several frequent issues that we see with insurance company offers:

• The offer is too low because the insurance adjuster has inflated your share of fault in the accident and reduced your settlement offer accordingly. In some cases, they might assign some percentage of fault when you did not contribute to the collision at all.
• The offer is too low because the insurance adjuster has undervalued your damages. This one is easy for the average layperson to overlook. The adjuster may only address damages you’ve requested, such as existing medical bills or vehicle repair costs, leaving other damages ( such as lost income or pain and suffering) unaddressed. At the same time, the adjuster could also undervalue what specific damages are worth. They might refuse to pay for certain medical treatments, undervalue your pain and suffering, etc.
• The offer may be undervalued for both of the above reasons.

An experienced car accident lawyer will accurately calculate an estimate of your damages and how much fault (if any) you had in the collision. Then, we’ll negotiate with the insurance company to ensure you receive the best settlement possible.

This could happen if your accident is very severe, especially if you suffered life-altering injuries or will need medical care for the rest of your life. When you and the other driver only have minimal coverage, it may not be possible to recover all your damages from the insurance companies.

However, we’ll look at other options to obtain the rest of your compensation.

One possibility is to sue the at-fault driver directly and attempt to hold them personally responsible for your injuries. The difficulty with this option is that the other driver may not have any money or assets we can seize.

If that’s the case, we won’t advise you to go through the time commitment and stress of a lawsuit when there is no clear path to recovery.

In some limited situations, we can sue a third party who contributed to the collision. For instance, if a drunk driver hits you, you may be able to pursue a claim against an establishment (like a bar or restaurant) that overserved them.

However, it would be necessary to prove the bar or restaurant server knew or should have known that the person was already intoxicated or under the age of 21. You could also have a third-party claim if a defective car component contributed to the crash or your injuries.

If none of those situations apply, you may not be able to recover any damages beyond what the two insurance companies will pay. For this reason, we encourage you to buy as much UM/UI coverage as you can fit into your budget.

Unfortunately, you can get hurt in almost any situation. If you have reason to believe another party’s actions caused your injury, the best thing to do is have your case evaluated by an experienced personal injury lawyer. No matter how your injury occurred, we may be able to recover damages if there is evidence of the other party’s negligence.

Here are some common categories of personal injury cases:

• Premises liability. This refers to situations where you are injured on someone else’s property due to the owner’s negligence. We will need to show that the owner knew or should have known about a hazard on the property and failed to either fix it or warn you about it. Examples include slip-and-fall accidents, falling objects, and negligent security (failing to offer a reasonably safe environment for guests).
• Dog bites. South Carolina’s strict liability laws allow a dog bite victim to seek compensation from the dog’s owner in most circumstances, except when the injured party provoked the dog. Your attorney will work to show the dog bite was not your fault so you can get the settlement you need.
• Pedestrian and bicycle accidents. Unfortunately, South Carolina ranks at number four in the nation for pedestrian deaths, with 190 in 2021 alone. Pedestrians and bicyclists who are hit by cars are often at a disadvantage because they are likely to suffer much more severe injuries than the car’s occupants. While you’re dealing with serious injuries, the driver could be telling the police that you were at fault. An experienced personal injury attorney will gather evidence to show the driver’s negligence was responsible for your injuries.
• Medical malpractice. In a medical negligence case, it’s necessary to demonstrate that the healthcare provider failed to offer the same standard of care as other “reasonably prudent” providers in the same specialty. For this reason, a medical malpractice lawsuit must be filed with an “Affidavit of Expert,” in which a provider in the same field explains at least one act of negligence on the provider’s part.
• Defective products. Sometimes, a defective product is merely an annoyance that prompts you to seek a refund. But in other cases, a defective product can cause serious injury or even death. Examples include defective drugs and medical devices, cars or car components, electrical appliances that cause fires or electrical shocks, toys that are toxic or pose a choking hazard, safety equipment that doesn’t work as stated and many more.
• Golf cart and ATV accidents. These small vehicles are a handy way to get around in situations where a car isn’t appropriate, but don’t let the size and speed fool you—many people suffer injuries while using golf carts or ATVs. As with boating collisions, there is a long list of potentially liable parties that your attorney will help you identify.
• Workplace injuries. These should be handled by Worker’s Compensation, a no-fault system for covering an injured worker’s medical costs and some of their lost income. While you can’t be rejected due to fault, there are numerous other reasons the insurance company could decline your Worker’s Compensation claim. If your claim has been denied, please contact us to review the situation. In some cases, we may be able to appeal the denial and obtain the benefits you need. Additionally, we’ll evaluate your case to determine if you have grounds for a third-party lawsuit (a claim against someone other than your employer, such as the manufacturer of a defective chainsaw).