Carolina Law Blog
Were you or a loved one involved in a serious MVA or motor vehicle accident in Rock Hill or York County SC? Is the insurance company or the insurance adjuster challenging your medical bills or lost wages?
Are they messing with you on the property damage and the value of the vehicle? Do you feel like you’re being treated fairly in your auto accident claim?
You may benefit from talking to an attorney. It costs nothing to call our office, ask questions, and get some advice.
You won’t be pressured to retain our services or file a lawsuit. Everything you tell is confidential. We’re here to help.
Personal injury claims in South Carolina
Motorcycle wrecks and trucking accidents or other types of accidents occur every day in South Carolina. Some are minor fender-benders.
Other wrecks result in long-term, life-changing circumstances and may even involve the wrongful death of a loved one. If that happened to you, please accept our most sincere condolences.
Our goal is to make you whole. We spend a good amount of time and effort in analyzing our client and their life, visualizing who they were one minute before the accident.
We’ll ask questions like:
- What did you enjoy doing before the accident?
- Were you in good health?
- Did you work?
- How active were you?
That’s because accidents take things from people. If you have been hurt due to the negligence of another, you probably already understand that. You also may have been laid up from work, with no income coming in or way to provide for your family.
People hurt in car wrecks can have expensive medical bills. You may require repeated surgeries, continued care, ongoing treatment, including rehab and physical therapy.
Maybe your ability to fully enjoy life taken from you forever. We help people with legal claims like that.
How are damages calculated?
At our law office, it’s our job to try to get our client back to where they were before the accident (if that’s possible).
There are cases that result in losses so substantial, so life-changing, that money damages obtained in a settlement agreement or after a trial will never fully compensate you for your losses, including pain and suffering.
And if you’ve lost a loved one, there is no amount of money that will bring them back. Money damages don’t suddenly make everything better. They just help our clients deal with their “life from here on out” in a way that is hopefully manageable.
Lawyers seek reimbursement or restitution for lost wages. You may also be entitled compensation for disfiguring injuries, loss of limb, and permanent scarring.
The “tortfeasor” (the person who caused the accident and who is legally liable) is responsible for medical bills, emergency room visits, surgeries, special equipment, physical therapy, and long-term care plans.
Who is responsible for my injuries?
Sometimes clients are worried about “suing someone,” not wanting to cause them financial hardship. That makes sense.
Even after another person caused their injuries, people from the Carolinas still have an overwhelming desire to be civil, to be kind, and to think of others.
Realize this, more often than not, insurance companies write the check. If there is insurance coverage, that’s what it’s for.
There are times and certain personal injury cases where personal liability may be possible. That can happen if the “adverse party” didn’t have car insurance or didn’t have enough insurance to cover your losses.
It also may result when there are substantial damages from a traumatic injury or brain injury or catastrophic loss accident claim and even if there was insurance, it just wasn’t enough to pay all the claims.
Are there jury trials in South Carolina accident cases?
The Constitution of South Carolina reserves the right to a Jury Trial. Rule 38 – Jury Trial of Right in South Carolina: Issues of fact in action for the recovery of money only or of specific real or personal property must be tried by a jury, unless a jury trial be waived.
If a jury trial is demanded consistent with Rule 38, the Clerk of Court and “trial calendar” in South Carolina shall be designated a jury trial. The issues of fact in personal injury cases in South Carolina are said to be, “Within the provence of the jury.”
That means juries in South Carolina, when legally appropriate, decide what happened and who is responsible for an accident in SC. Judges decide the laws and what the South Carolina personal injury laws require regarding making rulings on evidence and trial procedure.
You may consent to waive the constitutional right to a jury trial in South Carolina. Issues of law or factual issues that have not been “demanded” to be heard by a jury are tried by the Court.
Factual issues, when legally appropriate, may also be referred to a Master.
Under Rule 53 a “master” refers to a “master in equity” in South Carolina. There is also something called a “special referee” under the SC Civil Laws. Special Referees are attorneys, licensed through the South Carolina Bar, who have cases referred to them for disposition or review.
Masters and Special Referees have the same authority and powers to rule on matters as a circuit judge would have, in cases heard without a jury.
How much is my accident case in Rock Hill SC worth?
That is based upon how willing the parties are to settle, meaning come to terms on who owes who money and how much. If a party decides that they would like to go to trial, to have a hearing to decide the amount of money they may get in a case, then a jury would come in, and based on the arguments in court, decide how much money a victim in a case would get.
If you need help, please give us a call.
Free Consultation 704-342-4357
Chris Beddow is the sole attorney associated with the firm licensed to practice law in the state of South Carolina. He is also licensed in NC and helps people there too.