When you are injured because of someone else’s recklessness or negligence, you need someone who will look out for you. You cannot count on the insurance company to act in your best interest. Personal injury attorneys are trained to help victims of accidents recover fair compensation for their losses and hold responsible parties accountable.
Personal injury claims commonly arise from traffic collisions or due to medical negligence. Other types of personal injury claims, such as those involving occupational diseases, are sometimes referred to as “torts.” Many cases will involve the injured party suing the party whose negligence, carelessness, or recklessness caused harm. Some cases, including those involving workers’ compensation, do not hinge on proving fault.
If you were recently injured in an accident, it is in your best interest to discuss your legal options with a qualified legal professional. Our South Carolina personal injury lawyers at Stewart Law Offices have been successfully representing clients for over 30 years and have recovered many millions of dollars in settlements and verdicts*.
Founded by Brent Stewart, a licensed South Carolina Bar attorney with more than 3 decades of experience, our firm has been a trusted advocate for injury victims throughout South Carolina. We understand what you are going through and will treat you with the respect and compassion you deserve.
When you work with us, you will have direct access to your lawyer. We handle your case carefully, taking the time to understand your unique circumstances and fight for the compensation you deserve. Our goal is to make you feel at home during what can be a stressful and overwhelming time, providing personalized attention and clear communication every step of the way.
Here are the answers to some of the most common questions we receive from our South Carolina clients regarding personal injury cases:
Yes, South Carolina follows a modified comparative negligence rule, which is far more favorable to injury victims than the contributory negligence law that applies in neighboring North Carolina. Under South Carolina’s system, you can still recover compensation as long as you are less than 51% at fault for the accident. However, your recovery will be reduced in proportion to your share of the fault.
In most personal injury cases in South Carolina, including car accidents, slip and falls, and premises liability, you have three years from the date of the accident to file a lawsuit. If you miss this deadline, your case will almost certainly be dismissed, and you will lose your right to compensation permanently, regardless of how strong your claim is. Exceptions exist, like the “discovery rule” for delayed-onset injuries. Workers’ compensation requires reporting to your employer within 90 days and filing the claim within two years. Cases against government entities have stricter, shorter deadlines and special notice rules. Due to varying deadlines, consult an attorney immediately after an injury.
Pain and suffering damages compensate you for the physical pain and emotional distress caused by your injuries, losses that don’t come with a receipt but are very real. South Carolina law allows injury victims to recover these non-economic damages, and they can often represent the largest portion of a personal injury settlement or verdict. Non-economic damages are calculated by insurance companies and courts using either the multiplier method (economic damages multiplied by 1.5 to 5, based on injury severity) or the per diem method (a daily value for suffering). Factors influencing the amount include injury severity/permanence, life impact, age, and liability clarity. An experienced attorney can prevent undervaluation.
To help us evaluate your case as thoroughly as possible, please bring any of the following that you have available:
Medical records, treatment summaries, and prescription information related to your injury
The police or incident report from the accident
Insurance information, both yours and the other party’s
Photos of the accident scene, your injuries, and any property damage
Contact information for any witnesses
Pay stubs or other proof of income to document lost wages
Any correspondence you’ve already received from insurance companies or other attorneys
Don’t worry if you don’t have everything; we can help gather many of these documents throughout the representation.
Personal injury attorneys in South Carolina typically work on a contingency fee basis, meaning you pay no attorney fees unless and until we win your case. Contingency fee rates generally range from 33% to 40% of the recovery, depending on the complexity of the case and whether it settles or proceeds to trial. At Stewart Law Offices, we discuss our specific contingency fee structure with every client upfront before you sign anything, so there are never any surprises. Keep in mind that the fee percentage is calculated after your recovery — and that having an attorney almost always results in a significantly higher net recovery than handling a claim alone, even after fees.
Stewart Law Offices proudly represents injured clients throughout South Carolina. We have six office locations, including Rock Hill, Columbia, Spartanburg, Beaufort, Lexington, and our Charlotte, NC office for clients near the border. If you are unable to travel due to your injuries, we will send a qualified attorney, not a staff member, to meet you at home or in the hospital. We also handle cases statewide, so your location within South Carolina should never be a barrier to getting the legal help you deserve.
Every case is different, so timelines vary widely. A straightforward car accident claim with clear liability may settle within a few months. Cases involving more serious injuries, disputed liability, or multiple parties often take one to two years or longer, particularly if the case goes to trial. Workers’ compensation cases follow their own separate process governed by the SC Workers’ Compensation Commission and have different timelines from standard personal injury claims. At Stewart Law Offices, we always pursue the most efficient path to resolution, but we never sacrifice your right to full compensation in exchange for a fast settlement. We keep you informed every step of the way.
Why Choose Stewart Law Offices?
Your South Carolina personal injury lawyer can make a difference in the outcome of your personal injury case. You want a law firm with not only the knowledge and experience to build a strong case but also the tenacity to fight for your rights and the compassion to support you during this difficult time in your life.
Here are a few reasons why you should consider the team at Stewart Law Offices:
24/7 Availability
We strive to make ourselves as available as possible to our clients. That means we take phone calls 24/7, and we can personally visit you at home or in the hospital if you’re unable to come to us. We’ll send a qualified attorney, not a staff member, to discuss your case and communicate with you regularly throughout the claim process.
Compassionate, Tenacious Representation
We treat all our clients with the compassion and respect they deserve and all personal injury claims with the focus they demand. Insurance companies will fight hard to weaken your claim and minimize your payout. Your personal injury attorney in South Carolina will take the fight to them and advocate aggressively for a fair settlement on your behalf. If the insurer still refuses to make a fair offer, we can take your claim to court and fight vigorously for a favorable verdict.
A Track Record of Substantial Victories
Our results speak for themselves. Some of our most significant recoveries include*:
$9.8 million in a drunk driving car accident
$3.8 million in a wrongful death case
$3.5 million in a tractor trailer accident
$3.4 million in a medical malpractice case
$3.0 million in a semi truck wreck
We take on a wide range of personal injury cases and fight for maximum compensation on our clients’ behalf.
No Fees Unless We Win
We operate on a contingency fee basis, which means that you pay no attorney fees unless we win your case.** This not only alleviates any financial concerns you may have about seeking legal representation, but also demonstrates that we’re incentivized to seek maximum compensation.
Understanding the Personal Injury Claim Process
Taking legal action against the party responsible for your injuries may seem intimidating, but it is necessary to get just compensation for your losses. One of our main priorities is relieving you of the stress you are no doubt experiencing after an accident. To that end, we work to handle the majority of the legal process so that you can focus on your recovery. Our South Carolina personal injury lawyers will provide regular updates as your claim progresses, and we are available to answer questions 24/7.
A typical personal injury claim will involve the following steps:
Getting medical treatment. After suffering injuries in an accident, you should promptly seek medical attention. This is the right thing to do for both your health and your case. If you do not seek medical attention, the insurance adjuster and the jury may think your injuries are not as severe as you say.
Contacting legal representation and gathering information. You need a lawyer when you are injured. When you reach out to Stewart Law Offices, the first thing we will do is interview you, either at one of our five offices, at your home, or in the hospital. We want to know everything about the accident, your injuries, your medical treatment, who may be at fault, and any other relevant facts. Next, our attorneys will investigate the case, which will include obtaining all pertinent medical records and bills related to your injuries. This can take several months.
Making a demand and beginning negotiations. Some personal injury claims are settled before a lawsuit is filed. Our goal is to get you the money you need as swiftly as possible, so if we think your case can be settled out of court, we will make a demand to the other side’s legal representation or insurance company. We will generally not make a demand until you have reached a point of maximum medical improvement (MMI). This is when you have ended all medical treatment and are as “recovered” as possible. We do this to help ensure you receive maximum compensation.
A lawsuit is filed. If settlement talks stall or it becomes clear the other side will not accept a fair resolution, the case moves into the litigation phase. We will formally file a personal injury lawsuit against the negligent party.
The discovery phase. During this stage of the lawsuit, each side will ask the other for information and prepare for trial.
Mediation and further negotiations. When both sides have the information they want, they will generally meet to discuss a possible settlement. A settlement may be possible through informal conversations between lawyers, but in many cases, the legal representatives will turn to mediation, a process in which both clients and their attorneys get help from a neutral third-party arbiter to try and resolve the case.
Trial. Mediation often works, but when it does not, the case will be scheduled for trial. Depending on the complexity of the situation, a personal injury trial can last a day, a week, or longer.
Comprehensive Legal Representation for South Carolina Accident and Injury Claims
Stewart Law Offices represents clients across a wide range of injury claims throughout South Carolina. These include:
Car Accident Claims
Drivers have a legal duty to operate their vehicles responsibly, but not every driver keeps your safety in mind. When a negligent driver causes a crash that injures you, our South Carolina car accident lawyers can help you pursue compensation for medical bills, lost income, and other losses.
Motorcycle Accident Claims
Even motorcyclists who follow every safety precaution can suffer serious injury when another driver’s negligence causes a crash. If you’ve been hurt in a motorcycle accident, speak with our South Carolina motorcycle accident attorneys about your legal options.
Tractor Trailer Accident Claims
Commercial trucking companies must follow strict safety regulations, and violations of these rules cause thousands of crashes every year. Our South Carolina tractor trailer accident lawyers have the experience needed to take on these complex claims.
Train Accident Claims
Train accidents can cause catastrophic injuries due to the sheer size and speed of these vehicles, and they often involve negligence by railroad companies or operators. Our South Carolina train accident attorneys can help you pursue accountability and compensation after a serious railway incident.
Workers’ Compensation Claims
If you’ve been injured on the job, you’re likely entitled to benefits that cover medical bills and a portion of your missed wages, though accessing them isn’t always simple. Our South Carolina workers’ compensation attorneys know the deadlines and documentation required to protect your claim.
Wrongful Death Claims
The unexpected loss of a family member is devastating, and that pain only deepens when negligence is the cause. Our compassionate South Carolina wrongful death lawyers can help your family pursue the compensation you deserve.
Medical Malpractice Claims
When a healthcare provider fails to deliver an acceptable standard of care, the results can be life altering. Our South Carolina medical malpractice attorneys investigate these claims thoroughly to hold negligent providers accountable.
Bicycle Accident Claims
Bicycle accidents can leave riders with serious injuries, especially when a careless driver fails to share the road safely. Our South Carolina bicycle accident attorneys can help you pursue compensation if a negligent motorist caused your crash.
Pedestrian Accident Claims
Pedestrians have the right to trust that nearby drivers are paying attention, and when that trust is broken, the injuries can be severe. Our South Carolina pedestrian accident lawyers investigate cases thoroughly so victims aren’t assigned an unfair share of fault.
Dog Bite Claims
Suffering a dog bite is a traumatic experience, and South Carolina law allows you to file a claim even if the dog had never shown aggression before. Our South Carolina dog bite attorneys can help you and your family recover the compensation you need.
Slip and Fall Claims
Property owners must keep their premises free of foreseeable hazards, and failing to do so can make them liable for resulting injuries. Our South Carolina slip and fall lawyers can evaluate whether you have a valid claim against a negligent property owner.
Nursing Home Abuse Claims
Families trust nursing homes to care for their loved ones, and signs of neglect or abuse should never be ignored. Our South Carolina nursing home abuse attorneys work to protect vulnerable residents and hold facilities accountable.
Brain Injury Claims
Traumatic brain injuries are among the most serious consequences of car accidents, falls, and other incidents, often requiring extensive treatment and long term care. Our South Carolina brain injury attorneys can help you pursue compensation for these ongoing needs.
Spinal Cord Injury Claims
A spinal cord injury can change a person’s life in an instant, sometimes resulting in partial or complete paralysis. Our South Carolina spinal cord injury lawyers help victims and families pursue the compensation needed for surgeries, therapy, and lifestyle adjustments.
Boating Accident Claims
South Carolina’s lakes and waterways draw boaters year round, and negligent operators put others at serious risk. Our South Carolina boating accident lawyers can help if you or a loved one was injured by a careless boater.
Recovering Compensation Through a South Carolina Personal Injury Claim
A personal injury claim is designed to do more than hold the negligent or responsible party accountable for their actions. It is also meant to make you “financially whole.” Put simply, this means you are entitled under the law to compensation that would restore you to the position you were in before the accident. While no amount of money can make up for all of the intangible damages that can come with serious injuries, you can secure damages that are roughly equivalent to those losses.
Special Compensatory Damages
Economic damages you may be entitled to include:
Past, current, and future medical expenses
Lost income and earning capacity
Property damage
General Compensatory Damages
Non-economic damages you may be entitled to include:
Physical pain and suffering
Emotional distress
Loss of consortium
Essential Documents to Keep After an Accident To Protect Your Claim
Having the right documentation can make all the difference when it comes to getting you fair compensation. It is not possible to document too much in the aftermath of an accident: The more evidence you have, the better.
Make every effort to retain the following documents after an injury-causing accident:
Insurance information
Law enforcement reports
Photos of the scene
Bills
Incident reports
Any statements you have
Notebooks chronicling what happened and/or treatment journals
Deadlines For Filing a South Carolina Personal Injury Claim
You should not wait to get legal guidance after suffering injuries in an accident. Time limits apply in these cases, meaning you only have a limited amount of time to start the legal process. If you wait too long, you will be barred from recovering any compensation, even if you have a strong case.
In South Carolina, you will generally have three years from the date of an accident to file a personal injury claim for many types of cases, including those involving vehicular collisions and premises liability. In some cases, you may not discover you were injured until after the initial three-year window has expired. For example, in a medical malpractice case, you may not discover you were harmed by a negligent doctor until months or years after the substandard care was administered. In these instances, South Carolina’s discovery rule typically allows you three years from the day you discovered (or reasonably should have discovered) your injuries.
Workers’ compensation claims work differently. You may be denied benefits if you do not report the injury to your employer within 90 days of sustaining it. Then, you will only have two years from the date of injury to file a workers’ compensation claim.
We want to help you get the compensation you deserve and encourage you to schedule your free initial consultation by calling (866) STEWART or contacting us online today.
How Our Dedicated Personal Injury Attorneys Will Fight For You
When you are injured due to someone else’s recklessness or negligence, it is in your best interest to seek the help of a qualified South Carolina personal injury lawyer. Our legal team in South Carolina includes Tyler Bathrick, a licensed attorney and member of the South Carolina Bar, who brings more than 19 years of experience representing injured individuals across the state.
A knowledgeable and experienced attorney like him can provide invaluable assistance throughout the entire process of filing a personal injury claim, from conducting an investigation into the cause of the accident to representing you at trial if necessary. With their legal expertise and understanding of how insurance companies operate, they can ensure that your rights are protected and that you receive full compensation for your losses.
In addition to providing knowledgeable advice and guidance, our legal team will:
Thoroughly investigate the circumstances of the accident and identify all potentially responsible parties
Collect evidence to show how you were impacted by the injuries caused by the accident
Obtain medical records and bills related to your injuries
Calculate economic and non-economic damages, such as pain and suffering, that resulted from your injury
File a formal personal injury lawsuit against negligent parties if necessary
Negotiate with insurance companies for fair compensation on behalf of their clients
Represent clients in court in order to maximize potential damages awarded
Educate clients about their legal rights so they can make informed decisions about settling or litigating their case
Investigate whether any third party may be liable for your loss due to liability issues or product defects
Provide compassionate support throughout the entire duration of the claims process
Take the First Step by Calling Our South Personal Injury Lawyers Now
If you or a loved one has been injured in an accident, don’t wait to explore your legal options. Brent Stewart, attorney at Stewart Law Offices, and his team of dedicated professionals are here to help. As trusted injury lawyers in your area, we treat every client like family and work tirelessly to achieve the best possible outcome.
Let us guide you through the legal process and fight for the justice and compensation you deserve.
With four locations in South Carolina, including Beaufort, Columbia, Rock Hill, Spartanburg, and Lexington, we are conveniently located for in-person visits or house calls, depending on your needs.
You do not pay anything unless we win*, so there is no risk or obligation when you call to discuss your case with us. Call 866-783-9278 or contact us online to schedule a free initial consultation today. Se habla español. Get started on your personal injury claim today!
Founded by Brent Stewart, a licensed South Carolina Bar attorney with more than 3 decades of experience, our firm has been a trusted advocate for injury victims throughout South Carolina. We understand what you are going through and will treat you with the respect and compassion you deserve.
