Average Personal Injury Settlement in South Carolina [2024 Updated]

If you have recently endured an accident that led to an injury, you may wonder what the average personal injury settlement in South Carolina is. While there are many numbers or statistics available online for an average settlement amount, these figures are not particularly helpful. Each case’s settlement amount is based on a large spectrum of factors, making no two cases exactly alike.

Factors That Impact a Personal Injury Settlement Amount

There are several factors that determine personal injury settlements. Below is a list of some of these contributing factors:

• Severity of Injuries: The severity of the injuries is one of the most significant factors in determining a settlement amount. In general, more severe injuries result in extensive medical treatment, long-term disability and effects, and more permanent considerations. These warrant and require a higher compensation amount. A minor injury, like a broken or sprained wrist, will typically result in a smaller settlement because this type of injury will not result in long-lasting medical issues.
• Medical Expenses: The costs of all medical expenses, such as treatment, hospital bills, surgeries, medications, rehabilitation, therapy, and predicted future medical expenses, are all considered when determining settlement amounts. A personal injury settlement ideally covers all the expenses that an injured individual sustains, so the higher the medical bill, the higher the settlement amount.
• Lost Income: Many individuals lose out on income or wages due to the accident and related injuries. Some are even left with a decreased earning capacity. If so, they can seek damages to cover these losses.
• Pain and Suffering: Non-economic damages can also be pursued for losses like emotional distress, physical pain, psychological anguish, and more. Non-economic damages are highly contested, and the awarded amounts can vary depending on the severity of each case.
• Property Damage: The cost to repair and replace damaged property, like vehicles and personal belongings, can be included in a settlement amount.
• Liability: The degree of fault and liability attributed to each party involved in the accident is a critical and serious factor in settlement negotiations. If the plaintiff shares in some of the responsibility for the accident, their settlement amount may be reduced by the percentage that they contributed to the accident. For example, if the car accident was 10% their fault, they will receive 10% less in their determined settlement amount.
• Insurance Coverage: Many insurance companies have coverage limits that affect how much an individual can receive in a settlement from any one accident. If the at-fault individual has limited insurance coverage, this will affect the settlement amount recovered by the plaintiff.

Types of Personal Injury Claims in South Carolina

In South Carolina, there are many types of personal injury claims, with each case requiring unique and specific considerations when determining settlement amounts. Below is a list of the types of personal injury claims that individuals pursue in South Carolina:

• Car Accidents: Car accidents are the most common type of personal injury claim in South Carolina. These involve collisions between vehicles, pedestrians, bicycles, and motorcycles.
• Truck Accidents: Accidents involving large commercial trucks, like tractor-trailers or semi-trucks, often result in severe injuries and extensive property damage.
• Slip and Fall Accidents: These accidents are caused by hazardous conditions, like uneven surfaces, wet floors, inadequate lighting, and more.
• Medical Malpractice: These claims emerge when healthcare professionals fail to provide a standard level of care, and their action or inaction leads to a patient’s harm or injury.
• Product Liability: Injuries that occur due to defective and dangerous products fall under this category.
• Dog Bites and Animal Attacks: South Carolina has strict liability laws for dog bite injuries. These hold dog owners responsible for injuries caused by their pets.
• Workplace Injuries: Employees can sometimes seek legal action when they have been injured or fall ill while performing job-related duties.
• Wrongful Death: Wrongful death refers to the unfortunate case where a person’s death is caused by the recklessness, negligence, or intentional actions of another party.

FAQs

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

A: The amount that a lawyer takes from a settlement in South Carolina is dependent on several vital factors. These factors can include the severity and complexity of the case, the level of experience an attorney has, the jurisdiction they practice law, and more. In South Carolina, the average attorney fee when operating on a contingency fee basis is around 30% to 40% of the overall damages secured, but this is only if the claim is successful.

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

A: How pain and suffering is calculated in South Carolina is unique to each situation. While there is no specific formula or standardized method for calculating pain and suffering, the factors that are reviewed are the severity of injuries, duration of pain and suffering, impact on daily life, medical treatment and rehabilitation, and more. Ultimately, determinations over pain and suffering amounts are highly subjective and specific to each case.

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

A: The average settlement for a car accident in South Carolina is a challenging figure to determine, as each case is unique, resulting in differing damage recovery amounts. Every settlement determination hinges on factors like the severity of the injuries and property damage, legal costs, long-term impacts, medical bills, and more to determine the amount that is required to cover all these associated costs.

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 losses due to an injury. An economic loss is anything that has a specific monetary value, which an injured individual has been required to pay. Non-economic losses are damages that do not have an obvious financial amount, like loss of enjoyment of life, psychological damages, and more. Any loss that an individual has endured related to their injury can be compensated through a claim.

Contact a Personal Injury Attorney in South Carolina Today

If you have experienced a personal injury and believe that you have damages due to you, reach out to Axelrod & Associates, P.A. Set up a consultation today and learn how we can aid your legal claim and pursue a satisfactory settlement to cover the costs of your injury and related damages. We believe that you deserve a fair trial to secure your present and future.