Charleston Personal Injury Lawyer

Providing Clients With Skilled Legal Representation to Help Them Recover Maximum Compensation for Their Injuries

An accident can leave you with costly physical injuries and the inability to work to support yourself and your family. Many personal injury victims are also left to deal with sudden medical expenses that can be challenging to pay, even with health insurance.

Sadly, insurance companies often blame the victim, arguing that they are responsible for the accident. If you or a loved one was hurt in a motor vehicle crash or another accident caused by negligence, we can help you hold the other party responsible.

At Schiller & Hamilton Law Firm, our Charleston personal injury lawyer will help you recover your medical bills, lost income, and other damages from the at-fault party and/or their insurance provider. While you focus on your recovery, our law firm can build your case at no upfront cost.

Contact our law firm today and ask to schedule a free consultation with an experienced personal injury attorney who will gladly review your case and determine your legal options.

What are the Benefits of Working With Your Personal Injury Law Firm?

Building your personal injury claim or lawsuit can be an overwhelming task. However, when you turn to our law firm for support, we will do all the hard work for you. When you come to us for help, our personal injury attorney will:

Conduct an independent investigation
Obtain relevant records, reports, and documents
Consult medical, financial, and other experts
Complete and submit necessary forms and paperwork
Explain each step of the financial recovery process
Locate and interview accident witnesses
Draft and file your lawsuit on time
Provide ongoing updates on your case

One of the most significant advantages of hiring a personal injury attorney is they will act as your legal advocate to negotiate fair compensation. Our law firm will work to steer your case toward an insurance settlement rather than a lengthy trial. Our legal team is passionately committed to fighting hard to negotiate the amount you and your family are entitled to recover and give you the peace of mind you deserve.

What Are Your Charleston, South Carolina, Practice Areas?

If your injuries resulted from another person’s actions, we can help you recover damages. We will prove the required elements of negligence—duty, breach, damages, and causation—which allows you to pursue the at-fault party.

At Schiller & Hamilton, we represent clients injured in the following types of negligence-based accidents:

Bicycle accident
Boat accident
Bus accident
Car accident
Motorcycle accident
Pedestrian accident
Truck accident
Workers’ compensation
Slip and fall accident
Dog bites
Defective product
Premises liability
Product liability
Dangerous drug
Medical malpractice
Nursing home abuse
Wrongful death

We can gather compelling evidence to support your personal injury case. The evidence we collect will identify the negligent party and their insurer. It may include the accident or incident report, medical records and bills, and witness statements.

What are the Most Common Injuries Sustained By Accident Victims?

Sadly, accident victims suffer numerous personal injuries annually caused by someone else’s negligence. The type and severity of the injuries can vary considerably and depend on the circumstances involved. Occasionally, accident victims may only sustain sprains, cuts, and bruises. However, if the personal injuries are related to medical malpractice claims, they could have more far-reaching consequences, such as birth injuries, surgical or anesthesia errors, or misdiagnosis.

Other commonly reported personal injuries include:

Head, neck, and back injuries
Soft tissue injuries, such as whiplash
Fractured or broken bones
Internal injuries
Burns

However, some accidents can leave victims with catastrophic injuries that result in permanent disability and the inability to care for themselves independently. Catastrophic injuries include:

Spinal cord injuries
Traumatic brain injuries
Amputations
Organ loss
Severe burns
Permanent disfigurement

If you have been injured in a negligence-caused accident, seek medical treatment immediately and contact our law firm to see how we can help.

What Types of Damages Can I Recover in a Personal Injury Claim?

If you have suffered injuries and other accident-related expenses, you may be entitled to try and recover compensation. South Carolina personal injury law allows accident victims to seek economic and non-economic damages caused by negligence.

Economic Damages

Economic damages are granted to personal injury victims to reimburse them for financial losses. Commonly awarded economic damages include:

Medical bills: Repayment for out-of-pocket expenses for current and future medical expenses, including prescription costs, testing, physical therapy, and rehabilitation
Lost wages: Compensation for lost income due to the inability to return to work
Loss of earning capacity: Compensation paid to the victim if they are no longer able to perform the same type of work they participated in before being injured
Property damage: Money to pay for car repairs, rental fees, or the cost of replacing a vehicle

Non-Economic Damages

Non-economic damages are awarded to personal injury victims to compensate them for non-financial losses they suffered due to injury. It should be noted that non-economic damages are unique to each case and may vary. Commonly awarded compensation for non-economic damages include:

Pain and suffering: The physical pain and distress a victim experiences due to being in an accident
Loss of enjoyment of life: When an accident victim can no longer participate in activities they enjoyed
Emotional trauma: The mental anguish an accident victim may have to deal with after an accident, including PTSD, anxiety, or depression
Permanent disfigurement and scarring: Compensation for permanent disfigurement or visible scarring that impacts a victim’s appearance

Recovering damages is a complex legal process and requires the help of an experienced attorney. Contact Schiller & Hamilton Law Firm so that we may assess your personal injury claim and determine what damage you may be entitled to recover.

Why Do Insurance Companies Like to Try and Blame Personal Injury Victims?

South Carolina personal injury law follows a modified comparative negligence doctrine. Under the law, accident victims can try to recover compensation for their injuries even if they are partially at fault for the accident.

However, if an individual is determined to be partially to blame for an accident, the compensation they recover will be reduced by the percentage of fault they were assigned. For example, suppose a personal injury victim is awarded $100,000 in compensation but found to be 10% at fault for an accident. In that case, the final compensation they will recover will be $90,000.

However, if the accident victim is deemed more than 50% to blame for the accident, they are not entitled to pursue compensation. Insurance providers often try to assign a high degree of blame to the victim to avoid large payouts or pay significantly less than the claims are worth.

One of the best steps to protecting your legal rights is to hire an accident attorney who is not afraid to challenge the insurance company. Our knowledgeable legal professionals are familiar with insurers’ methods of protecting their bottom line and will fight to obtain a favorable outcome for your case.

As a result, our South Carolina injury lawyers have a proven track record of recovering maximum client compensation. Allow an experienced personal injury attorney from Schiller & Hamilton Law Firm to deal with the insurance company so you can focus on healing and recovery.

How Do You Determine the Monetary Value of My Personal Injury Case?

Assessing the value of your case can be more complicated than you think. If our personal injury lawyer takes your case, we can create a detailed list of your expenses and losses and demand compensation accordingly.

One of the most critical factors determining the monetary value of personal injury cases is the severity of your injuries. If you suffered serious or permanent injuries, then your compensation may be significantly more than someone dealing with minor injuries. Other factors affecting financial compensation include whether you were partially at fault for the accident. Finally, under South Carolina personal injury law, the individual determined to be at fault for your injuries is responsible for paying compensation. However, compensation may be limited to the responsible party’s insurance coverage limits.

Recoverable damages assessed in your personal injury case can include:

Economic damages, such as past, present, and future medical bills, lost income, and property repair or replacement costs
Non-economic damages, such as disability and disfigurement, pain and suffering, mental and emotional anguish, and loss of enjoyment in life
Wrongful death damages (where applicable), including funeral, burial, and cremation costs, loss of financial and familial support, and loss of consortium, society, and guidance

If you need further clarification regarding how the monetary value of a personal injury case is determined, contact our Charleston personal injury lawyer to schedule a consultation to learn more.

Who is Allowed to File a Wrongful Death Claim if Their Loved One Was Killed Due to Negligence?

Sadly, every year, many South Carolina families lose their loved ones due to wrongful death caused by someone else’s negligence. If you have tragically lost a loved one, you may be able to file a wrongful death lawsuit to try and recover compensation for damages.

A family may be entitled to pursue compensation if the circumstances are such that the deceased could have filed a personal injury claim had they survived.

However, South Carolina has strict laws about who may file a claim after the death of a family member. State law dictates that only the personal representative named in the decedent’s will may file a wrongful death claim. The court will appoint one if the deceased dies without leaving a will.

Some of the recoverable damages in wrongful death cases include:

Medical bills incurred by the deceased caused by their fatal injuries
Reasonable funeral and burial expenses
Lost wages
Loss of future earnings
Loss of household service
Emotional distress
Loss of companionship

The South Carolina statute of limitations only allows families three years from the date their loved one passed away to file wrongful death claims. Our law firm recognizes that no amount of compensation can bring your loved one back. However, you can hold the at-fault party accountable for their actions by filing a wrongful death claim.

What are South Carolina Filing Deadlines That Could Affect a Potential Lawsuit?

According to S.C. Ann. § 15-3-530, you generally have three years from the date of the accident to file your personal injury lawsuit or from the date of a loved one’s demise to file your wrongful death lawsuit. The South Carolina statute of limitations ensures that potential defendants do not have to live indefinitely with the threat of potential personal injury lawsuits.

Although three years may seem more than enough time to file a personal injury claim, life can quickly get in the way. If you fail to file an injury claim within the three-year time limit, your case will most likely be thrown out. After the deadline has expired, the insurance company has no legal obligation to honor your claim, and you will have no legal recourse to recover compensation. Even if you manage to file it late, the at-fault party and their representative will most likely request its dismissal.

The sooner you put our personal injury attorney to work on your case, the better. With prompt intervention, we work hard to prepare and file your lawsuit within the allotted time and avoid the costly consequences of non-compliance.

Our Charleston, South Carolina, personal injury lawyers have comprehensive experience handling personal injury cases and will ensure that all legal paperwork is turned in promptly so you can begin the legal process.

What Makes Your Charleston Personal Injury Attorney the Best Choice to Help Me With My Claim?

No one imagines they may be injured in an accident caused by another person’s negligence. Unfortunately, accidents occur daily, leaving victims to try and determine where they can turn to for help. However, you do not have to take on the at-fault party and their insurer alone. If you or someone you love was injured in an accident caused by the negligence of another person or entity, you could be entitled to seek compensation from the at-fault party or their insurer.

Schiller & Hamilton Law Firm is passionate about pursuing compensation for injury victims. We offer compassionate legal services and support for your unique legal needs. Your case is important to every member of our personal injury team, so we work hard to give it the time and attention to detail it needs.

We offer free consultations and work on a contingency fee basis. Our risk-free payment structure means you pay nothing upfront, and we cover all necessary expenses. We will only receive compensation if we win your case.

Contact our law firm today by calling 803-902-4583 to schedule a free consultation with a Charleston personal injury lawyer who will professionally evaluate your case and determine what legal options are right for you.