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Charleston is home to over 156,600 residents, with over seven million tourists visiting the area every year. Unfortunately, residents and visitors sustain injuries in various kinds of accidents daily, and some accidents claim lives.
If someone else’s negligence causes your injury, you may qualify to seek compensation. Whether you live in Charleston or elsewhere, a Charleston personal injury lawyer from Trey Harrell Auto Accident and Personal Injury Attorney can help.
Why Choose Trey Harrell as Your Charleston Personal Injury Lawyer?
Handling a personal injury claim alone is challenging. You need to focus on recovering from your injuries and not fighting with reluctant insurance companies to pay you the maximum compensation you deserve.
An experienced attorney provides many benefits. We can:
- Offer information and provide legal advice
- Perform case-related administrative tasks
- Investigate your accident, gathering evidence to support your claim
- Handle all communications with insurance companies on your behalf
- Negotiate a favorable settlement offer or take your case to trial
Did you know that people who hire a Charleston personal injury attorney typically receive a substantially higher payout than those who handle their cases on their own? We understand how personal injury claims work, including the applicable laws, filing deadlines, and insurance company tactics.
We will advocate for your right to reasonable compensation and work hard to get the results you need, keeping you informed every step of the way.
What Kinds of Personal Injury Cases Do We Handle?
Injuries from an accident caused by someone else’s negligence can leave you facing extensive medical treatment. If your recovery requires an extended time away from work, your bills will mount while you don’t have any income, creating potential financial difficulties.
Your accident and injuries can also have long-lasting impacts on your quality of life. A personal injury claim can reimburse you for your financial losses and compensate you for other damages by holding the at-fault party accountable. Your Charleston personal injury lawyer can help you obtain a favorable outcome.
Car accidents
Greenville and Charleston Counties top the lists of SC counties with the most traffic collisions, and they are also in the top five for fatal and injury-producing collisions. While fault is clear in some car crashes, others require an investigation.
Poorly maintained roads or malfunctioning traffic lights sometimes contribute to car accidents. In these cases, you can include the government agency responsible for maintenance in your personal injury claim. This type of claim has shorter filing deadlines and stricter procedures than most other personal injury cases. Contact our personal injury lawyers in Charleston as soon as possible after your accident to ensure you don’t miss your chance to file a claim.
Truck accidents
Large truck accidents often produce catastrophic injuries. These trucks can weigh up to 80,000 pounds when fully loaded, creating a tremendous impact force when they collide with passenger vehicles. Truck accidents are complex because there are multiple potentially liable parties.
Motorcycle accidents
Bikers have minimal protection when they are in a collision, often resulting in more serious or life-threatening injuries. Insurance companies don’t like paying high damages, so motorcycle accident claimants can benefit from your Charleston personal injury lawyer’s negotiating experience.
Pedestrian accidents
Pedestrians don’t have any protection when vehicles hit them. Sadly, even low-speed impacts can produce catastrophic injuries and pedestrian fatalities. You need to hold the person who hit you accountable.
Wrongful death
When the injuries sustained in an accident caused by someone else’s negligence lead to death, eligible survivors can file a wrongful death claim. Generally speaking, if the elements of a personal injury case would have applied had the person lived, you may receive compensation for medical and funeral expenses and other losses. Ask Trey Harrell if your situation qualifies.
Workers’ compensation
Laws require employers to maintain workers’ compensation insurance. These policies should pay certain expenses if you experience a work-related injury or illness, but workers’ comp claims can be challenging to handle on your own. Insurers may blame your injury on another cause or downplay its severity, hoping to deny your benefits.
Medical malpractice
Healthcare professionals must adhere to high standards to provide the right kinds of treatment for their patients. You may be eligible to file a medical malpractice claim in cases of misdiagnosis, delayed treatment, medication errors, birth injuries, and surgical errors, among others. Your Charleston personal injury lawyer can evaluate your situation to determine if you have a valid claim.
Slip and fall accidents
Property owners and managers should keep their properties safe for visitors and guests. If a hazardous condition causes you to slip and fall, you may be able to hold the responsible party accountable. Premises liability cases like these are tricky because you must prove that the party knew or should have known about the hazard but failed to address it.
Dog bites
If a dog attacks or bites you, South Carolina’s strict liability laws allow you to seek compensation from the dog’s owner. These injuries can leave scars and cause serious infections. The trauma often leads to anxiety, PTSD, and a life-long fear of dogs. You deserve compensation, and Charleston personal injury lawyer Trey Harrell can help you get it.
Catastrophic injuries
Catastrophic injuries are those that take months or years to heal; sometimes, the damage is permanent. Traumatic brain injuries, spinal cord damage, and severe burns are common examples of such injuries.
What Are the Elements of a Personal Injury Case?
Negligence is the legal basis for most personal injury claims. It refers to someone acting differently than a reasonable person would in the same situation, and that behavior leading to injury. To prove negligence, you will need evidence that shows:
- Someone owed you a duty of care.
- That party breached their duty of care.
- You sustained injuries.
- The breach was directly responsible for your injuries and related damages.
Your personal injury lawyer in Charleston will investigate your accident and gather the appropriate evidence to hold the negligent party responsible.
What to Expect After Your Charleston Accident
The legal process doesn’t have to be scary or confusing. When you work with our Charleston personal injury lawyers, we guide you through each step. Most personal injury cases follow a similar path, though every situation is different.
First, we meet with you for a free consultation. This gives us a chance to learn about your accident and injuries. We’ll ask questions about what happened, your medical treatment, and how the accident has affected your life. You can ask us questions too.
After we take your case, we start investigating right away. Evidence disappears quickly after accidents. Surveillance cameras get recorded over. Witnesses forget details. The sooner we can gather information, the stronger your case becomes.
We collect police reports, medical records, and witness statements. Sometimes we hire accident reconstruction experts or other specialists. These professionals can help us show exactly how your accident happened and who was at fault.
Common Steps in Personal Injury Claims
Most personal injury cases in Charleston follow these basic steps:
- Initial consultation and case evaluation: We review your accident details and medical records
- Investigation and evidence gathering: We collect witness statements, photos, and expert reports
- Insurance claim filing: We submit your claim with supporting documentation
- Negotiation phase: We work to reach a fair settlement with insurance companies
- Litigation, if necessary: We file a lawsuit if settlement negotiations fail
- Trial preparation and court proceedings: We prepare your case for trial if needed
Insurance companies will contact you after your accident. Many people make the mistake of giving recorded statements or accepting quick settlement offers. These early offers are almost always too low. Let us handle all communication with insurance companies.
Charleston Traffic Patterns and High-Risk Areas
Charleston’s streets tell the story of a city that grew over centuries. Our historic downtown wasn’t designed for modern traffic.
Narrow streets that once handled horse-drawn carriages now deal with cars, trucks, and tour buses.
King Street is one of Charleston’s busiest roads. It runs through the heart of the city and connects many neighborhoods. The mix of local traffic, tourists, and delivery vehicles creates congestion throughout the day. Rear-end collisions happen frequently when traffic stops suddenly.
The Ashley River Bridge carries thousands of vehicles daily between Charleston and West Ashley. Construction and lane changes on this bridge have caused many accidents over the years. Drivers often don’t leave enough following distance, especially during rush hour.
Interstate 26 brings heavy traffic through Charleston. The stretch between North Charleston and downtown sees regular accidents. Truck traffic is particularly heavy here, as I-26 connects Charleston’s port to the rest of the state.
Most Dangerous Charleston Roads and Intersections
According to South Carolina Department of Transportation data, these Charleston area locations see the highest accident rates:
- King Street from Calhoun to Spring Street due to heavy pedestrian and vehicle traffic
- Ashley River Bridge and approaches, construction zones, and lane merges
- Interstate 26 near Aviation Avenue. There are high-speed truck and car collisions
- Meeting Street at Broad Street, where there is tourist traffic and limited visibility
- Savannah Highway corridor. Multiple lanes with frequent lane changes
- Rivers Avenue in North Charleston. Commercial traffic and busy intersections
Meeting Street runs north and south through several Charleston neighborhoods. Students from the College of Charleston walk along this street daily. Pedestrian accidents happen when drivers don’t pay attention at crosswalks or when visibility is poor.
Tourism adds another layer of complication to Charleston traffic. Visitors may not know the area well and might drive slowly or make sudden turns. Horse-drawn carriages also share the road with cars in the historic district.
Working with Insurance Companies
Insurance companies are businesses that make money when they pay out less than they collect in premiums. This creates a natural conflict with accident victims who need fair compensation for their injuries and losses.
Adjusters are trained to minimize payouts. They might seem friendly and helpful, but remember that they work for the insurance company, not for you. Their job is to settle your claim for as little as possible.
Common insurance company tactics include rushing you to settle before you know the full extent of your injuries. They might make a quick offer that sounds good when you’re facing mounting medical bills. However, these early offers rarely cover all your losses.
Insurance companies sometimes delay processing claims, hoping you’ll get frustrated and accept a low offer. They might request the same documents multiple times or claim they never received the information you sent.
Another tactic is to question whether your injuries are really from the accident. They might suggest you had pre-existing conditions or that you’re exaggerating your pain. This is why detailed medical records are so important.
Don’t sign anything from an insurance company without having your lawyer review it first. This includes medical releases that might give them access to your entire medical history. Some releases are so broad that they allow insurance companies to look at medical records that have nothing to do with your accident.
Charleston residents should know that South Carolina requires drivers to carry liability insurance, but the minimum amounts are low. Many drivers carry only the minimum coverage, which might not be enough to cover serious injuries.
Hidden Costs of Personal Injuries
Many accident victims don’t consider these additional expenses until they face them:
- Home modifications: Ramps, grab bars, accessible bathrooms for mobility issues
- Vehicle adaptations: Hand controls, wheelchair lifts, or new accessible vehicles
- Caregiving costs: Professional help or a family member’s lost wages for assistance
- Transportation expenses: Taxi rides, medical transport for doctor visits
- Prescription medications: Long-term pain management and rehabilitation drugs
- Mental health treatment: Counseling for trauma, depression, and anxiety
Family members often miss work to help with caregiving. This creates additional lost income for the household. Someone might need to drive you to medical appointments or help with daily tasks while you recover.
Insurance companies know these costs can be enormous. That’s why they work so hard to minimize payouts. Having an experienced Charleston personal injury lawyer levels the playing field.
Building Your Personal Injury Case
Strong personal injury cases are built on solid evidence. The more evidence we can gather, the better your chances of getting fair compensation. Different types of accidents require different kinds of evidence, but some basics apply to almost every case.
Medical records are the foundation of any personal injury claim. They show the extent of your injuries and connect them to your accident.
Keep all your medical records organized. This includes emergency room reports, doctors’ notes, test results, and prescription information. Also, keep records of any medical equipment you need to purchase.
Photographs can be powerful evidence. Show vehicle damage, road conditions, traffic signs, and anything else that might be relevant. Pictures of your injuries as they heal can also be important.
Essential Evidence for Your Personal Injury Claim
Collect and preserve these important pieces of evidence for your case:
- Medical documentation: All treatment records, bills, and prescription information
- Accident scene photos: Vehicle damage, road conditions, traffic signals, and injuries
- Police reports: Official accident documentation and officer observations
- Witness information: Names, contact details, and statements from people who saw the accident
- Employment records: Pay stubs, tax returns, and documentation of missed work
- Insurance correspondence: All letters, emails, and claim documentation
Keep a daily journal about how your injuries affect your life. Write down your pain levels, activities you can’t do, and how you’re feeling emotionally. This information helps show the full impact of your accident.
Expert witnesses might be needed for complex cases. Accident reconstruction experts can show how your crash happened. Medical experts can explain your injuries and future treatment needs.
What Damages Are Available in a Personal Injury Claim?
Your accident and injuries are unique, and the level of compensation you can receive depends on your specific circumstances. Your Charleston personal injury lawyer will evaluate your case and tell you how much it’s worth.
Economic damages
These damages reimburse you for accident-related expenses, such as:
- Medical bills
- Lost wages
- Replacement services
- Property damage
Keep your bills and receipts to use as proof. In some cases, you may qualify to receive compensation for future medical bills and lost wages. Your attorney will tell you if you’re eligible.
Non-economic damages
Accidents and injuries can have negative impacts on your quality of life. Non-economic injuries compensate you for such things as:
- Pain and suffering
- Anxiety, depression, and PTSD
- Loss of ability to enjoy life
- Damage to personal relationships
Insurance companies don’t like paying non-economic damages and may challenge your claim.
Punitive damages
In rare cases, a defendant’s extreme disregard for your safety may warrant punitive damages. These are designed to further punish the guilty party.
Damage caps
Although damage caps in South Carolina may change yearly, there is never a cap on economic losses. The only damage cap for non-economic losses is with medical malpractice claims. The cap for punitive damages is three times the amount of economic and non-economic damages combined.
Personal Injury FAQs
Who do I file a lawsuit against?
In some personal injury cases, there is a clearly identified guilty party. However, your Charleston personal injury lawyer may need to investigate your accident to determine why it happened and who caused it.
Should I file a claim or a lawsuit?
If you know why your accident happened, filing an insurance claim is the first step. Your attorney can often settle these claims without going to court, but a claim can progress to a lawsuit if needed.
In some cases, filing a lawsuit is the better alternative, particularly if you’re unsure about the cause of your accident or the liable insurance company refuses to cooperate with negotiations. When you go to court, a judge or jury will decide whether you receive compensation and how much that compensation will be.
Your attorney will discuss both options with you and help you decide.
What if I’m partially responsible for causing my accident?
In South Carolina, the modified comparative negligence laws allow you to seek compensation from other guilty parties as long as you are less than 50% responsible. However, expect to see a reduction in your compensation amounts.
Insurance companies often try to place an unjustified percentage of blame on you to get out of paying claims. Your lawyer will ensure that your degree of blame is fair.
Contact Our Charleston Injury Law Firm
We recommend contacting Trey Harrell Auto Accident and Personal Injury Attorney as soon as possible after your accident. This allows your legal team to gather evidence while it’s still fresh and have time to build your case before the applicable statute of limitations expires.
Work with a Charleston personal injury lawyer you can trust. Contact us today to request your free consultation. Call us at 843-636-TREY (8739), reach out via live chat, or submit our online consultation request form. We look forward to serving you.
