Average Personal Injury Settlement in South Carolina [2024 Updated]

If you have recently suffered a personal injury, you may wonder what the average personal injury settlement in South Carolina is. While there are many numbers floating around the internet claiming to be personal injury settlement averages or personal injury calculators creating settlement amounts, it is ultimately not helpful to base your expectations on these sources as each divorce case holds unique individual circumstances and considerations that determine settlement amounts.

The process of determining a personal injury settlement amount in South Carolina is extensive and requires essential representation of an individual’s rights and losses due to the injury. While there is not a specific calculation that determines how each case is settled, several categories are considered in settlement negotiations and determinations.

It is vital that injured individuals seek necessary medical treatment as soon as possible and keep record documentation throughout their recovery. This documentation acts as evidence that will help support a personal injury claim and result in a more fair and equitable result.

How Personal Injury Settlements are Determined in South Carolina

Personal injury settlements in South Carolina are generally determined through negotiations between an injured party and the at-fault party or either of their legal representation and insurance companies. Settlements are determined by various factors, including the following:

• Injuries and Property Damage: The extent of injuries and property damage contribute a large amount of the consideration when settlement amounts are negotiated. In general, cases with severe injuries and property damage leading to high medical expenses, long-term damages and disabilities, high costs of repair and replacement, and more warrant higher settlement amounts. The injured and damaged party can prove these losses through thorough documentation like receipts, bank statements, and other forms of recording.
• Lost Wages: If a personal injury results in the injured individual missing work and losing income, they can seek compensation for these lost wages. This can be negotiated to include not only past lost wages but also future loss of wages, especially in cases of severe injuries and disabilities that will prevent or hinder their ability to seek gainful employment in the future.
• Pain and Suffering: Compensation is at times granted for non-economic losses like physical pain, emotional distress, loss of enjoyment of life, and more that was caused by the injury. This tends to be the most subjective aspect of calculating damages and will vary greatly depending on the circumstances of each case.
• Liability and Negligence: The degree of fault and negligence of an at-fault individual is reviewed when determining settlement amounts. In general, if the at-fault party’s actions were significantly irresponsible and reckless, the amount of compensation awarded to the injured party can increase greatly.
• Insurance Coverage: The insurance policy details of the at-fault party’s insurance coverage will greatly influence the settlement amount. When an at-fault party’s insurance policy holds low coverage limits, it can limit the amount of compensation an injured party can receive through a settlement.
• Legal Representation: The effectiveness of an injured party’s legal representation greatly influences the settlement amount. Experienced personal injury attorneys can skillfully negotiate on behalf of their clients, advocating for their rights, and work towards a maximized settlement amount. In general, the more thorough legal representation support is, the higher a settlement amount can become.

The ultimate goal of a personal injury settlement is to compensate the injured party for their losses and expenses resulting from and related to the injury in a fair and equitable way. It is vital that an injured individual seeks legal advice and representation from a qualified personal injury attorney to understand their rights, assess the value and viability of their claim, and negotiate favorable settlement amounts.

FAQs

Q: How Much Do Lawyers Take From Settlements in South Carolina?

A: The amount lawyers take from personal injury settlements in South Carolina depends on the specifics of each case. Typically, personal injury attorneys work on a contingency fee basis, which means they only receive payment if their client’s claim is successful and will get paid a percentage of the settlement amount. Many personal injury attorneys require around 30% to 40% of the settlement amount to cover their legal services.

Q: How Is Pain and Suffering Calculated in South Carolina?

A: Pain and suffering is calculated in South Carolina by reviewing the severity of suffering, pain, loss of enjoyment in life, lost reputation, psychological suffering, all mental and emotional harm, and all other non-economic damages. In general, the more severe the harm to an individual’s life is, the higher the damage amount they can recover.

Q: What Is the Average Settlement for a Car Accident in South Carolina?

A: An average settlement amount for a car accident in South Carolina cannot be easily determined as each case is unique, requiring individualized settlement determining. Settlements are created to cover all associated costs of an accident, such as injuries that lead to medical expenses and long-term effects, property damage, insurance coverage limits, legal representation, pain and suffering, and more.

These costs greatly vary case by case, making an average amount an inconsistent starting point for those seeking damages.

Q: What Are the Damages for Personal Injury in South Carolina?

A: The damages for personal injury in South Carolina include both economic and non-economic damages. Economic damages include all tangible and quantifiable losses that have a monetary value, like medical expenses, lost wages, property damage, and other related expenses.

Non-economic damages include losses that do not hold a specific or obvious dollar value but are compensable like pain and suffering, emotional distress, loss of enjoyment of life, and more. Certain cases require punitive damages in circumstances including extreme negligence and misconduct.

Contact a Personal Injury Attorney in South Carolina Today

If you are pursuing a personal injury settlement, the personal injury attorneys at the Law Office of Charles T. Brooks III are here to help. Our office understands the life-altering effects of a personal injury and we hope to step into your case and offer solid and thorough legal assistance. Reach out today to set up a consultation and learn how our team can assist you in fighting for a fair and full settlement amount that adequately covers your losses.