The average premises liability settlement in South Carolina is influenced by many factors, including the severity of your injuries, the types of damages available to you, and the effect of the state’s modified comparative negligence statute. By understanding how these factors work together in a personal injury case, you can better understand what your premises liability case may be worth.
Did a hazard on someone else’s property in SC cause you harm? Contact Jebaily Law Firm for a free consultation with a knowledgeable and experienced premises liability lawyer. We’ll walk you through your options for seeking compensation and help you understand your case’s value.
Factors That Influence Premises Liability Settlements in South Carolina
Some of the major factors that influence premises liability settlements in South Carolina include:
- Injury Severity – Generally, the more severe your injuries are, the more your personal injury cases are worth. This is because more severe injuries often require more extensive medical treatment, cause you to take more time off work, and more often result in long-term or permanent injuries that affect various aspects of your life. In contrast, minor injuries may involve less medical treatment, physical pain, and other adverse consequences.
- The at-fault party’s conduct – Insurance adjusters and courts can consider the property owner’s negligence and how significant the property’s unsafe conditions were when evaluating premises liability lawsuits.
- Evidence Strength – The evidence your lawyer gathers to support your case is also crucial. More evidence often means having a stronger case. Some of the evidence your lawyer may collect includes accident scene photographs, surveillance camera footage, eyewitness statements, expert testimony, and property maintenance records.
- Insurance Policy Limits – The at-fault party’s homeowners, renters, or business insurance is likely where most of your compensation will come from. However, premises liability insurance coverage policies have limits beyond which the insurer will not pay. This could cap the compensation you can receive through an insurance claim.
- Legal Representation – One of the best ways to maximize your compensation is to have a highly qualified premises liability lawyer handle your case. They’ll negotiate with the insurance company on your behalf and seek compensation covering all of your losses. Having experienced legal representation can make a significant difference in your case, potentially leading to higher settlements.
At Jebaily Law Firm, we know that the average personal injury settlement is not what matters most. Instead, we focus on obtaining an award or personal injury settlement that represents fair compensation in your specific case.
Types of Damages You Can Recover in a Premises Liability Claim
Damages are the money you receive from the liable party through a trial award or negotiated settlement. In South Carolina premises liability claims, the three types of damages you can recover are:
- Economic Damages – This is compensation for your losses with tangible value, including medical expenses, lost wages, loss of earning potential, property damage, and other out-of-pocket expenses. To calculate your economic damages, your lawyer will simply add up the value of these losses.
- Non-Economic Damages – This is compensation for your losses with intangible value, including pain and suffering, emotional distress, permanent disability, and loss of consortium. Calculating these damages can be more challenging, with lawyers typically multiplying your economic damages by a factor determined by the severity of your injuries and their impact on your life.
- Punitive Damages – Unlike economic and non-economic damages, punitive damages don’t compensate you for your losses. Instead, courts may award punitive damages to a plaintiff to punish the defendant for particularly reckless behavior.
At Jebaily Law Firm, we work hard to ensure the at-fault parties are held liable for the full extent of our clients’ injuries. Our experienced attorneys can carefully evaluate your premises liability accident and tell you how much it might be worth.
How Medical Bills and Lost Wages Affect Your Settlement
A significant part of your premises liability claim settlement will serve to compensate you for the financial losses incurred because of your injuries, namely, your medical costs and lost income.
The purpose of filing a personal injury lawsuit against the party responsible for your injuries is to become financially whole again, which means you come out of the lawsuit in the same financial situation that you were in before your premises liability injury. To make this happen, personal injury lawyers seek compensation for your past and future medical expenses related to the incident, as well as your lost wages and loss of future earning capacity caused by your injury’s impact on your ability to work.
In general, the more severe your injuries are, the more medical bills and lost wages you will have, increasing the value of your slip and fall case.
Impact of Comparative Negligence on Your Settlement Amount
South Carolina law includes a modified comparative negligence rule that could impact the compensation you receive through your premises liability case. While comparative negligence specifically applies to compensation recovered through a trial award, it could also affect your potential settlement, as insurance companies are unlikely to offer a settlement worth more than what they believe you could get through trial.
The basics of SC’s comparative negligence laws are that your awarded compensation is reduced by the percentage of fault for the accident assigned to you. If you are more than 50 percent at fault, you cannot recover damages.
A premises liability case example of this is if you slipped and fell in a grocery store while looking at your phone. To reduce their liability for your damages, the grocery store’s insurer would likely claim that you were partly to blame for your injuries because you weren’t paying attention to where you were walking. If the insurer believes a jury would find you 30 percent at fault, it may reduce its settlement offer accordingly.
Can Punitive Damages Increase Your Recovery in South Carolina?
While courts only award punitive damages in rare situations, they can significantly increase your financial recovery if awarded in your case. This is because, under SC law, punitive damages can be up to three times the amount of compensatory damages (both economic and non-economic) or $500,000, whichever is greater.
If the property owner responsible for your injury is a large corporation, such as a national retail chain, and its actions put customers at significant risk of serious harm, the punitive damages awarded could significantly increase your total financial recovery.
For example, if your compensatory damages are $250,000, the punitive damages could be up to $750,000, bringing your total recovery to $1 million.
Contact Jebaily Law Firm for Guidance on Your SC Premises Liability Settlement
If you sustained injuries caused by a hazardous condition on someone else’s property, contact Jebaily Law Firm to schedule a free case review. Our lawyers have been fighting for South Carolina injury victims for over 50 years and know how to win a premises liability case. We’ll work tirelessly to collect evidence to support your case and negotiate with the at-fault party’s insurance company to recover the compensation you need. Contact us today for a free consultation with an experienced personal injury attorney.
