NEGLIGENCE AND TORT LIABILITYAuto Flip Image

Negligence is defined as conduct that falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm. One acts negligently when he or she fails to conform his or her behavior to the required standard of conduct.  To establish negligence the plaintiff must prove that the defendant owed a duty to the plaintiff, that the defendant breached that duty, that the defendant’s negligent conduct was the cause and proximate cause of harm to the plaintiff, and that the plaintiff indeed was harmed or damaged.

A range of damages are available in South Carolina to compensate an individual, family, or corporation for the loss in a negligence cause of action.  We handle all types of negligence claims, including the following:

Car and Truck Accidents Premises Liability Product Liability

Wrongful Death Claims

Insurance Litigation Construction Accidents Tractor Trailer Liability

Serious Injury

Workers' Compensation Insurance Coverage Disputes Major Property Damage

Survival Actions

 


Help From a Top South Carolina Accident Lawyer

According to the National Highway Trafic Safety Administration, car accidents in the United States cause more than 33,000 lives each year, and more than 2 million commutors are injured on U.S. roads each year. The facts underlying causation will dictate the amount of recovery an injured party receives.  This is why is it so very important to contact an experienced accident lawyer who will take the proper steps to assure all evidence is collected. 


Recoverable Damages After a Car Accident 

Car accidents make up a significant portion of South Carolina personal injury and wrongful death claims.  Each car accident must be investigated individually, and each accident will be effected by its own set of circumstances and facts. Car accident victims are entitled to compensation for property damage, medical bills, lost wages, pain and suffering, and for permanent injury or disfigurement. You must be aware that insurance representatives and adjusters may attempt take advantage of car accident victims who are not represented by an South Carolina attorney. If you are injured in a car crash, you may be paid damages or compensation for your loss.  These losses may be grouped into two categories: property damage and personal injury.  If you’ve been involved in an auto accident, please speak to a Stratos Law auto accident attorney to discuss compensation that you may be owed.

Property Damage

If your car or any personal property was damaged as a result of the car accident, you can fight for compensation. Property damage can also include towing costs, vehicle storage fees, appraisals, body shop repairs and replacement costs.

Insurance Claims and Settlements

If you are involved in a car crash that is not your fault, the negligent party’s insurance company may be responsible for your damages. Your Charleston, South Carolina auto accident lawyer will issue a demand package requesting compensation for your loss.  If the insurance company agrees to pay that amount and you are satisfied with the offer, we will settle with that company—we will never settle without your consent. 

Personal Injury

Pain and Suffering: Past, Present & Future

Pain and suffering is defined as mental and physical distress. These damages will be based on the type of injury you sustained, the degree of the pain and the probability your pain will continue into the future. Anxiety, stress, and emotional distress may also be categorized as pain and suffering.

Permanent Injury or Disability

Permanent injury/disability not only means increased medical bills, it also means a permanent reduced earnings capacity. You may be able to qualify for disability benefits.

Under special circumstances  you could be awarded punitive damages, in addition to general damages. Punitive damages have been awarded where one or more of the following is involved:  DUI, reckless and excessive speed, violation of a traffic law, unlicensed driver or driving a vehicle knowing it was in poor condition.

Medical Bills

Generally an insurance company will pay your medical expenses, but if you paid for any expenses out-of-pocket, you can fight to recover medical expenses. Examples of medical expenses arising from a car accident can include ambulance fees, medical devices, pharmaceuticals, surgery, in-home services and hospital bills.

Rehabilitation

Single visit or ongoing rehabilitation expenses may be covered.

Loss of Income: Past, Present & Future

If you could not work as a result of the accident, you could be entitled to compensation for all lost income, past and present. While most car accident victims are able to return to work after the accident, they may not be able to perform the same responsibilities and as a result, and they may suffer a drop in income.  This may be recovered through a lost wages claim.


Special Circumstances

Wrongful Death

Clearly, no amount of money will ever restore your loss should a loved one die in a preventable accident. If your loved one died as a result of injuries sustained in a car crash, you may recover traditional damages, such as medical bills, loss of income, and pain and suffering.  You may also be entitled to damages in addition to those listed above.  Many additional elements are taken into consideration including but not limited to the following: past earnings, physical health at the time of death, contributions to the household, and/or future earnings.

Loss of Consortium

If you lost your spouse in a car accident, you can fight for compensation for the value of benefits of married life that you lost, including loss of affection

Additional Damages Associated to Wrongful Death Claims:

  • Funeral expenses and burial costs
  • Medical expenses and hospital bills
  • Loss of companionship and loss of care
  • Pain and suffering and mental anguish
  • Loss of future wages
  • Loss of pension plans and loss of inheritance
  • Loss of childcare and housekeeping
  • Loss of medical coverage
  • Punitive damages

The loss of a loved may effect your family unit, your finances, and your future.  Please contact Milton Stratos, a South Carolina personal injury and wrongful death lawyer to find out if you have a wrongful death case and are entitled to compensation.