If you were partly to blame for a car accident in Lancaster, you may still be entitled to compensation for your injuries, depending on the facts. The state of South Carolina allows an accident victim who is injured in a car accident to pursue compensation for injuries and other losses, as long as the individual seeking compensation is not more than 50 percent at fault for causing the accident.
The process for determining fault after a serious car crash involves law enforcement, insurance companies and the courts.
A Lancaster police officer, York County sheriff’s deputy or other law enforcement officer will interview the motorists involved and witnesses to the accident and make a determination of how the accident occurred. The officer may find that one driver was solely responsible for the collision or two or more drivers were partly at fault for the crash.
If the officer cites you for a traffic violation as part of the accident, the initial part of your accident case will be making a determination as to what portion of fault should be assigned to you and to others involved in the crash. Insurance companies will review the police report and medical information and assign a percentage of fault to each driver.
As part of our advocacy for our clients who have been in a car accident, we gather evidence to show our client was less responsible for the accident than the other driver or drivers. We present that evidence to the insurance company as part of the settlement negotiations process.
If a car accident goes to trial, then a York County jury will hear evidence and decide how much fault each party to the lawsuit has for the accident and whether any damages should be awarded. If you are partly at fault, you may still be eligible to receive compensation. For example, if a jury determined that you were 20 percent at fault and awarded a total of $50,000 in damages, then you would be entitled to $40,000 of the jury award based on South Carolina’s comparative negligence laws.
South Carolina personal injury law is complex, and each car accident case has factors and considerations that make the claim unique. A Lancaster car accident lawyer at David Blackwell Law can review the details of your accident and discuss whether you have a right to pursue compensation. If you have a valid car accident injury claim, David Blackwell Law will represent you on a contingency fee basis. We only receive a legal fee if we obtain compensation for the client through a negotiated settlement or a jury award.
Lancaster Courts
Lawsuits arising from personal injury accidents in Lancaster and elsewhere in York County are filed in the South Carolina Circuit Court in York, S.C.
Personal injury lawsuits are civil lawsuits. The Court of Common Pleas is the division of the Circuit Court that hears civil lawsuits involving disputes between two or more parties. The Clerk of Court’s responsibilities include overseeing filings in the Circuit Court. The address is:
Clerk of Court
104 N Main St
Lancaster, SC 29720
Phone: (803) 285-1581
Clients often ask whether they will have to go through a court trial if they pursue a personal injury claim. It is possible, but not likely.
At David Blackwell Law, we are experienced negotiators. We are successful in resolving most injury claims that we handle without going through a trial. A personal injury lawsuit that goes to trial may take a year and a half to three years for the court to hear.A settlement typically provides the client money more quickly and avoids the uncertain outcome of a jury trial.
Each case has a unique set of facts that determines whether an insurer will agree to settle. If an insurance company refuses to agree to a fair settlement, it may be in the client’s best interest to go to trial. David Blackwell’s openness to go to trial, if necessary, and his experience as a trial attorney makes insurers more willing to agree to a fair settlement. We will keep you updated on the progress of negotiations on your behalf.
Our legal team at David Blackwell Law will manage all aspects of your legal claim, allowing you to focus on healing.
What Types of Compensation Are Sought in a Personal Injury Lawsuit?
South Carolina law permits people who have been severely injured through the negligence of others to demand financial compensation from the person or the company responsible for the injury. In a personal injury lawsuit, the accident victim (referred to as the plaintiff) may seek compensation for the following types of losses:
- Doctor and hospital bills
- Future medical expenses related to the injury
- Lost wages from missed work
- Disability caused by the injury
- Future lost income
- Pain and suffering
It may be hard immediately after an accident to predict how your injuries will affect your life and what your long-term medical needs will be. Accident victims who enter an insurance settlement too quickly without an attorney’s guidance frequently fail to take into account future medical costs and future lost income. For example, a disabling injury may require remodeling of your house to make it handicap accessible. These can be significant expenses that the at-fault party should cover.
An insurance company will try to limit its liability and will not voluntarily pay these types of expenses without a dedicated injury lawyer fighting for full compensation.
David Blackwell Law will evaluate your medical bills and other expenses related to the accident. We will consult with your doctor if your injuries are likely to require ongoing medical treatment or rehabilitation. We advise clients to focus on their medical treatment and recovery and allow time to have a good understanding of the impact of the injury now and in the years ahead. We will develop an estimate that reflects the full extent of your present and future losses and negotiate with the insurer for full compensation for you.
Lancaster Law Enforcement
If you or your family member has been injured in a crash in Lancaster or elsewhere in York County, you may need to get a copy of the accident report from the law enforcement agency that investigated the crash.Any of several law enforcement agencies may have worked the accident depending on the location. For example, the South Carolina Highway Patrol may have handled the accident if it was a crash on Interstate 77.
Lancaster County Law Enforcement
1941 Pageland Hwy
Lancaster, SC 29720
Phone: (803) 547-5933
Lancaster County Sheriff’s Office
Lancaster County Sheriff’s Office
1520 Pageland Hwy
Lancaster, SC 29720
Phone: (803) 283-3388
Lancaster Highway Patrol
Lancaster Highway Patrol
1710 Pageland Hwy
Lancaster, SC 29720
Phone: (803) 283-8585
What to Consider When Choosing a Lancaster Personal Injury Attorney
You will want to work with a Lancaster lawyer who is compassionate and understands that you and your family are going through an extremely stressful time due to an unforeseen accident.
You want to have a knowledgeable Lancaster attorney who has handled numerous injury cases and can provide trusted legal guidance based on years of experience.
You want an attorney who will deal with the paperwork and the insurance companies so that you can focus on your recovery. Let David Blackwell Law negotiate with the insurance adjusters on your behalf and help you pursue full compensation for your injuries.
You want a personal injury attorney who will work diligently to resolve your injury claim without litigation, but who will not back down if litigation is required.
You want a Lancaster personal injury law firm that has the resources and determination to see your case through to resolution.
If you want a dedicated Lancaster injury attorney who will see you through difficult times and stand by you every step of the way, turn to David Blackwell Law. We are known for taking on the challenging cases that are worth the fight.
Contact a Lancaster Personal Injury Lawyer
At David Blackwell Law, we represent accident victims in Lancaster, Indian Land, Fort Mill and the surrounding communities of South Carolina. We work on a contingency fee basis because we know you may be going through financial stress after a severe accident. We do not receive a legal fee unless we are successful in securing compensation for you through an insurance settlement or jury award.
If we are successful, then we take a portion of the amount we recover as payment of our legal fee and case expenses. It is a way for accident victims to have quality legal representation without having upfront expenses. If we are not successful, you do not owe us a legal fee.
Over many years of law practice, attorney David Blackwell Law has built a reputation among insurers for handling only injury cases that we know are worth our best effort. Our law firm serves hard-working people in South Carolina who are trying to cope with difficult circumstances due to a serious accident that someone else caused. Call David Blackwell Law to discuss how we can assist you. Schedule a free consultation.
Lancaster is one of the fastest growing communities in South Carolina. As the community’s population has increased, the frequency of car accidents and other types of accidents has increased as well. Some accidents are unavoidable. But many car crashes and other types of personal injury accidents are the result of carelessness, negligence or wrongdoing on the part of another individual or business. A serious personal injury accident can cause tremendous financial stress. Severe injuries can create tens of thousands of dollars in medical bills and leave the individual unable to work or limit the type of work that can be done.
If you have been seriously injured in a 
