FAQ About Personal Injury Claims in South Carolina

The amount and type of compensation you receive will largely depend on the circumstances and factors that are specific to your case.

You may be able to receive damages for:

• Medical and rehabilitative expenses
• Pain and suffering
• Loss of wages
• Loss of earning capacity
• Property damages
• Loss of enjoyment of life
• Disfigurement and emotional distress

In cases of extreme recklessness and negligence, the responsible party may pay an additional punitive fine that is intended to punish them and deter further similar actions.

Often, some sort of liability insurance is available to compensate you for the damages you have experienced. This can only be determined on a case-by-case basis. Of course, insurance companies often make low-ball offers that don’t fully compensate you appropriately. One of our attorneys can discuss your options with you in greater detail after hearing the specifics of your situation.

Our attorneys take cases on a contingency fee basis. This means that you will not owe us any fees unless we obtain compensation on your behalf.

If we do obtain compensation, our legal fees are typically one-third of the total recovery amount, plus any costs or advances that we have paid on your behalf throughout the case. These costs are typically small if it is not necessary to file a lawsuit.

If you have health insurance, your carrier can pay for your medical expenses. Most carriers have an insurance policy that requires that they are repaid for expenses that they pay if you are able to obtain compensation from the party that is at fault for your injuries.

While we at Joye, Nappier, Risher, & Hardin cannot advance you money for your medical expenses, we can write a letter of protection to medical providers assuring them that their fees will be paid from any recovery.

Comparative negligence means that if you are found to be more than 50% at fault for your injury and damages, you will not receive any recovery. If you are found to be less than 50% at fault for your injury, your compensation will be reduced by that percentage.

The discovery process is the process by which one side obtains information from the other side in a lawsuit.

Discovery often involves:

• Interrogatories
• Request for production of documents
• Request for admissions and depositions

The purpose of discovery is to allow both parties to share information so that they can move more quickly towards a resolution.

Alternative dispute resolution typically involves mediation or arbitration. In Horry County, alternative dispute resolution is required by law.

Arbitration is for cases that involve damages of less than $25,000. It involves an informal trial before a licensed arbitrator who weighs the evidence and decides if the plaintiff should receive damages and how much he or she should receive. This decision is not binding and either side can request that the case go on to a jury trial.

Mediation is for cases that involve damages of more than $25,000. A mediator listens to both sides and works to help the parties agree on a settlement. Typically, a mediator splits up the parties and negotiates back and forth until a settlement figure is reached that both parties can agree on. If a settlement is reached, the Court will uphold the decision and require both parties to abide by it.