Holding Negligent Parties Liable in South Carolina
In South Carolina accident cases, liability is typically based on the legal theory of negligence. To hold another party liable for your accident damages, you must prove that they were to blame for your accident.
Negligence is the failure to take proper care when performing an action and it can occur in many different situations. For example, you may have been the victim of a driver’s negligence, a property owner’s negligence or the negligence of a manufacturer. Regardless, proving negligence requires you to to establish the following:
- Duty: First, you will need to prove that the defendant had legal obligation to watch out for your well-being in a particular situation.
- Breach: Next, you will need to prove that the defendant breached that duty of care.
- Causation: Then, it must be established that there was a causal link between the defendant’s breach of duty and your injuries.
- Damages: Finally, it must be shown that you sustained actual harm.
If each of the elements of negligence can be proven, then you can recover compensation from the defendant. Assessing negligence in any type of accident case is always extremely fact-specific. Unfortunately, defendants and their insurance companies often try to deny their own negligence. At Joye Law Firm, our team can help you hold bad acting parties accountable.
Recovering Compensation for Accident Victims
In South Carolina, accident victims are entitled to recover compensation for the full extent of their losses. This include losses that have already been incurred as well as reasonably anticipated future losses. Additionally, it includes both direct monetary losses as well as noneconomic damages. More specifically, you may be entitled to compensation for:
- Ambulance and emergency room fees;
- All other medical bills;
- Rehabilitation costs;
- Expenses related to needed medical equipment or medication;
- Lost current and future wages;
- Loss of long-term earning power;
- Long-term disability;
- Pain and suffering;
- Mental anguish;
- Disfigurement; and
- Loss of lifestyle enjoyment.
Ultimately, determining how much your injury claim is worth will require a detailed review of the specific facts of your case. If you have been seriously injured in South Carolina, it is imperative that you have an experienced attorney by your side throughout the entirety of the accident claims process. Of course, you first need to prove that the defendant was liable for your injuries before you can collect any compensation. However, there is another issue beyond liability. You are also required to prove each aspect of damages before you can recover any corresponding compensation.
Without an attorney, you are unlikely to receive the full and fair compensation that you deserve. This is especially true if your accident results in noneconomic damages (such as pain and suffering) or any long-term damages. These type of losses are inherently difficult to value. The big insurance companies often try to take advantage of the ambiguity and will attempt to dramatically undervalue your damages. The accident attorneys at Joye Law Firm will not let them get away with it. We will ensure that the negligent party is held fully accountable so that you can recover the fair compensation you truly deserve.
How Long Do I Have to Take Legal Action After an Accident?
Under South Carolina law, there are strict time limits to bring your accident claim. In general, you will have exactly three years from the date of your injury to take action. Though, in some cases, specifically those involving a government defendant, the time limit might be even shorter.
However, even if three years have already passed since the date of your accident, you might not be out of luck. The three-year deadline clock starts running from the time that you discovered or should have reasonably discovered your injury. This is a critically important distinction because in some cases you will not even know that you were injured until many years after the initial incident.
That being said, if you fail to act in time, you will likely lose out on your right to seek compensation. Please do not let this happen to you. You do not want to lose your legal rights simply because of a statutory technicality. Protect your rights. Contact an experienced attorney today.
Can I Really Afford an Accident Attorney?
Yes. You can always afford an attorney for your South Carolina accident case. At Joye Law Firm, we can handle your case on a contingency fee basis. Under this type of payment structure, we will never take any money out of your pocket. You will not be required to pay any upfront fees.
Instead, we will recoup our legal fees as a percentage of your settlement offer or injury judgment. This benefits you in several different ways. First, it means that our firm will take on all of the financial risks that come with bringing your case. If you are not successful, you will not have to pay any fees. That is how confident we our in our ability to help our clients recover fair compensation.
Further, this type of fee structure means that there will be no hourly billing. This means that you can call up our office at any time to speak to your attorney without worrying about costs. The phone call will not come out of your pocket. Finally, with contingency fee basis, our incentives our always fully aligned with the incentives of our clients. We win when you win, and our firm has a proven track record of success.
Our Results in Accident Cases
- $262.5 million verdict for family of deceased child in an automotive product liability claim.
- $7 million settlement in product liability case involving a defective door latch for a woman who was paralyzed.
- $5.9 million settlement for client who sustained brain injuries in a car accident.
- $5 million settlement in automotive product liability case for family of woman killed due to defective door latch.
- $4.375 million settlement for man who sustained severe head and facial injuries in a tractor-trailer accident.
- $2.775 million settlement for a man whose leg was amputated after a stairwell collapse.
- $2.3 million settlement for man who lost his arm due to unguarded industrial machinery.
- $1.9 million settlement for family whose child was struck and killed by a car.
- $1.4 million settlement for worker who sustained crush injuries due to defective equipment.
A Winning Tradition
At Joye Law Firm, our South Carolina accident lawyers have experience that matters. In fact, partner Mark Joye obtained a verdict of $262.5 million. This remains the largest personal injury verdict in South Carolina.
With a team of experienced South Carolina accident attorneys and legal support staff, we can help you in your time of need. Contact Joye Law Firm today.
We Give Each Case the Personalized Attention that it Deserves
At Joye Law Firm, we spend the time, resources and energy necessary to help our clients recovery every dime that they deserve. We work with our clients from the pre-lawsuit negotiations with the insurance company through the trial, if one becomes necessary. We even go beyond that. We know hiring a lawyer is a serious decision.
The bottom line is that you need the right lawyer for your case. Our firm has shown time and time again that we know how to protect the legal rights and financial interests of our clients. With a team of experienced South Carolina accident attorneys and legal support staff, we can help you in your time of need. Contact Joye Law Firm today.
Get in touch with us.
Call 877-936-9707 or fill out an online consultation form today.