Three Things You Should Know About South Carolina Personal Injury Law

"Personal injury" refers to a broad range of cases, including those arising from auto accidents, unsafe products, medical malpractice, nursing home negligence, daycare abuse, and a number of other causes. This article provides facts you should know about the laws governing these cases in South Carolina, and what you can do to protect your rights.

1. The law is not limited to one type of client or claim.

Insurance companies have spent millions of dollars stereotyping accident victims and the attorneys who represent them. Lawyer advertisements have also severely damaged my profession’s reputation. In addition, dishonest people feigning phantom injuries have biased juror attitudes toward the truly harmed. Despite these facts, one great truth remains: every day, accidents occur, tragedies strike our communities, and families are left asking questions. Tragedy has no regard for race, ethnicity, neighborhood, or professional standing. 

2. Every accident case is different.

Many factors affect a case’s value, including: medical expenses, lost wages, lost earning capacity, permanent injury, the need for future medical care, the jurisdiction in which the incident occurred, and witness statements. However, two factors more than any others often influence the value of a case: the defendant’s conduct and our client’s character. On the one hand, liability drives damages. On the other, credibility is a client’s greatest asset. No matter how skilled the attorney may be, without a credible, likeable client, the case may never reach its full value.

3. If you have health insurance, you should submit it to all medical providers for treatment related to your accident.

In truth, being insured is a major advantage for injured people. Health insurance allows you to get treatment where you might otherwise not be able to afford it. If you were in an accident, we will demand that the at-fault party’s insurance company pay for your medical expenses. The term “medical expenses” is not defined by what you pay, but rather the true cost or value of the treatment you receive. For example, if your health insurance co-pays total $300, but the pre-adjustment cost of your medical care is $10,000, our demand would be based on $10,000 in medical costs. 

The law governing personal injury cases in South Carolina can be nuanced and complex. While you might not need a lawyer to represent you, I encourage you to at least receive a free consultation and request free copies of my books so that you know your rights. For answers to your questions, call me today at 803-790-2800.

Kenneth Berger
Columbia South Carolina attorney dedicated to securing justice by helping the truly injured