Fort Mill Personal Injury Lawyer

Personal Injury Attorney in Fort Mill, NC

Personal injury cases can be difficult to navigate without the assistance of an experienced Fort Mill personal injury lawyer. Personal injury cases can come from a wide range of situations, each with unique laws that affect when a claim can be filed and how much compensation can be awarded. If you have suffered an injury as a result of someone else’s careless or reckless actions, you deserve to receive fair compensation so you can recover.

Hire a Personal Injury Lawyer

Juggling calls with insurance companies and documenting the aftereffects of an accident while trying to recover can be overwhelming. When you hire a personal injury lawyer, you gain an ally who is adept at maximizing your settlement offer while relieving you of the stress of handling everything on your own. At Butler, Quinn & Hochman, PLLC, we understand how challenging it can be to navigate a personal injury claim.

South Carolina Personal Injury Claims

Personal injuries can happen anywhere at any time. In some instances, an injury is caused purely by accident without requiring days away from work, job restrictions, or a job transfer. In 2023, a total of 5,283 workers suffered fatal injuries while on the job.

The South Carolina Traffic Collision Fact Book tracks traffic accidents and is compiled by the South Carolina Department of Public Safety. There were a total of 145,761 traffic collisions in 2023 throughout South Carolina.

At other times, injuries are caused as a result of another person’s negligent actions. When carelessness or recklessness causes injury, the responsible party has an obligation to cover the expenses of those negatively affected. Many areas of life can result in a personal injury case.

Workplace injuries and deaths are recorded for the U.S. by the U.S. Bureau of Labor Statistics. Overall, 3,148,000 workers were affected by an occupational injury or illness in 2024.

Most personal injury claims are negotiated and settled without the need for court intervention. However, if there are liability disputes or other issues that prevent a fair settlement from being reached, you may have to file a claim in civil court to receive compensation. Fort Mill residents can file in the South Carolina 16th Judicial Circuit Court’s Court of Common Pleas located in York.

Common Personal Injury Claims

Personal injury claims can come from any situation in which someone’s actions, or lack of action, have caused injury to another. It can be difficult to secure a proper settlement following a personal injury. An experienced Fort Mill personal injury attorney can review your case and help you get compensation following many different types of accidents.

In South Carolina, a modified comparative negligence model is followed when accidents occur. This model is most often applied to vehicle accidents, but it can also be applied in numerous situations. Insurance companies can use this model and claim that the victim shares liability for the accident in order to reduce the amount of a potential settlement. A skilled personal injury attorney can help you prove you are not at fault in the accident.

Motor Vehicle Accidents

You can be involved in a car accident regardless of how cautious you drive or how vigilant you are on the road. You can’t control how other drivers behave, and their poor driving can have serious consequences for other drivers. Common causes of car accidents include:

• Distracted driving
• Driving under the influence
• Speeding
• Changing lanes or swerving suddenly
• Failure to yield
• Disregarding traffic signals or signs
• Reckless driving
• Poor weather conditions
• Poorly maintained roadways

Traffic accidents caused by commercial vehicles can be especially devastating, causing serious injuries and property damage. Commercial vehicles are much larger and heavier than passenger vehicles, and accidents can often involve multiple lanes of traffic, affecting many drivers. Personal injury claims involving commercial vehicles can also take longer to settle, as there are multiple companies involved who may try to shift the responsibility for the accident.

Accidents involving motorcycle riders face unique challenges when negotiating a fair settlement. Motorcycle riders often have to contend with the stigma that they ride in an inherently reckless manner. Many insurance companies assume that the motorcycle rider is at least partly to blame for any accident, even when it is clear the other vehicle is at fault.

Traffic accidents can also affect pedestrians or bicycle riders, who can suffer serious injuries when struck by a vehicle. Serious injuries could have life-changing consequences and result in long-term care needs that should be covered by the at-fault party.

Premises Liability Claims

When you get injured on public or private property, you may have a personal injury claim depending on the circumstances of the injury. Both public and private properties are required to be maintained to a standard that would prevent accidents. Falls are one of the most common types of accidents that can happen on public or private property. If the fall is caused by a damaged step or improperly maintained structure, the property owner is liable for any damages.

On private property, the property owners have a duty to fix hazards they are aware of that could cause an accident. For most private property owners, pools are the most likely property feature to result in a potential personal injury claim. There are specific laws that govern how the area around a pool has to be maintained to prevent accidents and keep guests safe.

Businesses also have a duty to prevent accidents caused by situations the business should have been aware of, but they also have a duty to keep visitors safe through proper maintenance and upkeep of the property. Some businesses, such as an amusement park or shopping mall, are also expected to provide a reasonable level of security to ensure the safety of visitors.

Dog Bite Claims

People who own dogs have a duty to keep others safe from any harmful actions caused by their dog. Although dog bites are the most common way someone can be harmed by a dog, liability also falls on the dog’s owner if the dog causes an injury by jumping on or tripping another person. In many states, dog bites are only the responsibility of the owner if they knew the dog posed a threat. Essentially, every dog gets a “free bite” before the owner is held responsible for the action.

In South Carolina, dog bites are taken very seriously, and the one-bite rule does not apply. A strict liability law places liability with the owner even if the dog does not have a history of aggressive or violent behavior. Unless the dog was purposely provoked, the owner is liable for any damages caused by their pet.

Work-Related Injuries

Injuries that occur while performing the duties of your job are not handled in the same manner as injuries caused by other types of accidents. Workplace injuries are covered under South Carolina workers’ compensation laws. Workers’ compensation insurance is a no-fault system where workers can receive benefits regardless of who caused the accident, but you typically are barred from filing a claim against your employer for the accident.

Most employees in South Carolina are covered under workers’ compensation insurance if their employer has four or more employees. You should be eligible for benefits that cover medical expenses, lost wages, and death expenses if a workplace accident is fatal. If you experience a workplace accident, notify your employer immediately and coordinate medical care with your employer.

In the event a workers’ compensation claim is denied, a personal injury lawyer can help you appeal the decision. A personal injury lawyer can also help if your employer is legally obligated to have workers’ compensation insurance but does not, or if your injury is the result of a known issue that your employer failed to rectify.

Catastrophic Injuries

A catastrophic injury differs from other forms of injuries but can occur from any number of accident scenarios. Common catastrophic injuries include:

• Traumatic brain injuries
• Spinal cord injuries
• Burns
• Amputations
• Blindness
• Deafness

In general, catastrophic injuries severely alter a person’s life and cause long-term damage that requires extensive medical intervention or long-term care. When a catastrophic injury happens due to someone else’s actions, you are entitled to compensation that takes the need for long-term care into consideration. These cases often take years to settle, and you are more likely to achieve a positive outcome with the help of a personal injury lawyer.

Wrongful Death Claims

When a loved one is killed as a result of another person’s actions, the surviving family members can file a wrongful death claim. Wrongful death claims can only be filed by the executor of the deceased’s estate on behalf of the deceased’s spouse, children, parents, or heirs.

If the death occurs as a result of a workplace accident, the surviving family may be able to file for workers’ compensation death benefits and file a wrongful death claim, depending on the circumstances of the accident.

FAQs

How Long Do Most Personal Injury Cases Take to Settle?

The amount of time it takes to settle a personal injury case varies with the specifics of your case. Cases with serious injuries take longer to settle than cases with only minor injuries. With serious injuries, doctors have to determine the maximum medical improvement before a settlement can be reached. Liability disputes can also delay a settlement agreement. Cases settled through negotiations settle more quickly than cases that require litigation.

What Is a Typical Amount for Pain and Suffering?

There is no typical amount for pain and suffering. Instead, there are two common methods for determining how much should be awarded for pain and suffering. The multiplier method multiplies the amount awarded for economic damages by a multiplier based on the severity of the injuries. The per diem method assigns a daily monetary value to the case, and that value is multiplied by the number of days it takes to recover from your injuries.

What Is a Reasonable Settlement Offer?

A reasonable settlement offer is going to be different based on the specifics of your case, but they all share some basic requirements. A reasonable offer should cover all of the economic damages you have incurred from the accident, as well as future medical expenses for your injuries.

You should also get a fair amount for non-economic damages to cover physical and emotional pain and suffering. Insurance limits and liability determinations could limit the settlement amount.

Do I Still Have to Pay if I Lose My Personal Injury Case?

In most cases, if you do not win your personal injury case, you do not owe anything to your personal injury attorney. This is because most personal injury attorneys work on a contingency fee basis on personal injury cases.

With a contingency fee, you pay a percentage of your final settlement to your attorney, but don’t owe anything if you don’t receive a settlement. Some attorneys still charge for case expenses, but that should be discussed during your initial consultation.

Is South Carolina a Comparative Negligence State?

South Carolina is a modified comparative negligence state, which means that you can still receive compensation after an accident if you also contributed to the accident. The only restriction is if you are 51% or more responsible. When receiving compensation, any amount you are awarded is reduced by the percentage of fault you are responsible for. For example, if you are 20% at-fault in an accident, your final settlement amount is reduced by 20%.

Contact Butler, Quinn & Hochman, PLLC

With decades of combined experience, our team of attorneys is ready to represent your interests while maximizing your personal injury settlement. We have represented clients in negotiations with insurance companies and through litigation in the courts to ensure they receive fair compensation following an accident.

Our team works to thoroughly investigate your accident, build a compelling case in your favor, and fight for the compensation you need to recover. Contact Butler, Quinn & Hochman, PLLC, today to schedule your initial consultation with a Fort Mill personal injury lawyer. Let us handle the legal complexities while you focus on healing.