Can a Columbia SC injury attorney help car accident victims with bodily injury and property damage claims?
An experienced Columbia South Carolina accident lawyer at the Louthian Law Firm can help car accident victims recover damages when an accident leaves them with short term and residual personal injury, property damage, or wrongful death losses. Those devastating losses can result in overwhelming financial debt related to medical bills, lost wages, pain and suffering, or funeral expenses, when an accident-related wrongful death occurs.
Compensation for injury claims in Columbia South Carolina.
A personal injury lawyer in Columbia SC, utilizing supporting South Carolina accident laws, can sue for compensation to victims, based on the assignment of fault for proven claims of negligence associated with mishaps occurring at work, home, in public, under medical care, or in motor vehicles. An injury attorney can explain how the law applies in each situation, and apprise victims of any variations to the imposed time constraints for filing legal actions in South Carolina courts.
A car accident attorney in Columbia SC will review the damage valuation determinations for auto insurance claims, and other accidents requiring the payment of:
- Compensatory damages for economic losses including lost wages, medical bills, medical care, and treatment, plus household expenses and non-economic losses that include pain and suffering, loss of consortium, or companionship.
- Punitive damages when an Columbia SC injury lawyer can prove that a defendant deliberately, with reckless disregard, acted in a manner to cause harm to another person, punitive damages may be awarded based on the specifics of a case.
Monetary awards in South Carolina can be capped out depending on the type of accident and resultant injuries. Most medical malpractice cases set non-economic damages meant to compensate for pain and suffering with limits at $350,000 per defendant, and $1.05 million overall. These caps do not apply to all personal injury cases across the board, only those stemming from medical malpractice.
Punitive damages for all injury cases are limited to the greater of three times the actual damages, or $500,000, which is the compensation that is awarded to an injured accident victim, but is intended to punish the defendant for particularly outrageous negligent behavior.
Statute of limitations.
When personal injury is caused by another driver in a South Carolina accident, the statute of limitations gives the victim three years from the date of the injury to file a lawsuit in the state’s civil court system in accordance with S.C. Code Ann. section 15-3-530. If a legal claim is not filed before the three-year window closes, the state’s civil court system may refuse to hear the case unless there is an approved exception. An exception can include a person becoming aware of an injury they sustained, without realizing its negative impacts until sometime in the future. When the injury can be proven to originate from the associated accident named in the legal claim, the filing window may be extended. An injury attorney can apprise individuals of any deviations from that timeline.
Traffic data in 2018 for South Carolina revealed 1,036 fatalities with 168 pedestrian fatalities and a decrease in traffic collision injuries between 2017 and 2018. These numbers support legal intervention in support of individuals who have lost loved ones, or have had their lives negatively impacted by serious injury. In South Carolina, the law requires that any collision causing at least $1,000 in total property damage, or resulting in injury, or death, occurring on a public highway must be reported to the South Carolina Department of Public Safety using the appropriate department form. If the collisions occur on private property, or are reported on any form other than the TR-310, they are excluded. An experienced Columbia SC auto accident attorney at Louthian Law Offices can assist with forms and answer a victim’s questions regarding injury, property damage and catastrophic losses.
South Carolina is a “modified comparative negligence” state. This means an individual can still recover damages in a personal injury or auto accident lawsuit in Columbia SC, but the award may be reduced according to each party’s share of negligence. Under this rule, the amount of compensation a person is entitled to will be reduced by an amount that is equal to their percentage of fault, but if an individual bears more than 50 percent of the legal blame, they cannot collect any compensation from other accident parties.
- Evaluate for injuries, call emergency personnel.
- File auto accident report.
- Gather evidence at the scene, pictures of the cars, tag numbers and surrounding location.
- Collect witness contact information.
- Collect insurance information.
- Seek examination by a medical professional.
- Contact insurance carriers.
- Consult with an attorney.
Personal injury lawyer in Columbia South Carolina.
Personal injury accidents are often the result of the action, or inaction of another, and a victim may recover compensation if fault and/or liability is proven. Accident reports, witness testimony and medical reports are important documentation for a personal injury attorney to prove negligence after a car accident. A Columbia South Carollina car accident lawyer has years of personal injury experience dealing with automobile accident c
laims, providing them with a method to valuate higher monetary awards when catastrophic injury includes brain and spinal injury, loss of limbs, or disfigurement of a body part requiring lifelong medical and behavioral treatment, prolonged pain and suffering, increased healthcare costs, and financialinstability caused by diminished, or lost present and future earnings.
How a Car Accident Lawyer in Columbia SC Can Help With a Wrongful Death Claim.
An auto accident lawyer in Columbia South Carolina can initiate a wrongful death legal action for a decedent’s legal representatives and loved ones when a person dies as a result of the negligent, reckless, or deliberate act of another. An accident attorney can request necessary damages that cover:
- Medical bills and costs of care,
- Funeral and burial expenses,
- Lost wage and earnings compensation,
- Pain and suffering compensation,
- Punitive damages.
Legal action after an accident in Columbia SC.
Auto accident insurance claims and personal injury litigation is necessary to recover damages in South Carolina require accident victims to consult with competent lawyers in Columbia SC. Louthian Law can build a strong case, and objectively speak on a victim’s behalf in court, or against the insurance company’s legal team to yield positive results.
Louthian Law Firm, P.A.
1116 Blanding St # 3A
Columbia, SC 29201
Local: (803) 454-1200
Toll free: (888) 303-1209