After an injury in South Carolina, most claims; such as car accidents, premises liability, and others, are handled by insurance companies focused on minimizing payouts. Consulting a Charleston personal injury attorney provides is essential to understanding this process and protecting your interests.
Starting Point: An Insurance Company is Not On Your Side
To truly understand how insurance companies evaluate personal injury claims in South Carolina, it is helpful to examine their motivations. An insurance company, even your own provider, is never truly on your side. They are not looking for your best interests after a serious accident. An insurance company’s primary motivation is to limit its liability. They want to resolve claims for less, potentially denying liability altogether if they can get away with it.
Liability is the First Big Issue in a Personal Injury Claim (May Be a Fight)
Before an insurance company seriously considers the value of injuries, it evaluates liability. If the insurer can shift even a portion of the blame onto the injured victim, the claim’s value immediately drops. South Carolina follows a modified comparative negligence (S.C. Code Ann. § 15-38-15). That has big implications for your case. It means that compensation can be reduced by the percentage of fault assigned to the injured party. Further, if you are found at fault for your own accident, you can be denied any compensation at all.
Damages are the Second Big Issue in a Personal Injury Claim
After liability, insurers evaluate the extent of your damages using your medical records. They calculate both economic and non-economic damages, but rarely offer the full amount you may deserve. Key takeaway: You cannot rely on the insurer’s assessment, so gather strong evidence for your damages.
Insurance companies use internal software to estimate claim values based on factors like injury type and costs. These tools often undervalue claims, especially for future expenses and pain and suffering. Key takeaway: Software-generated offers may not reflect your actual case value.
Insurance Companies Settle Claims Based on Litigation Risk
At the end of the evaluation process, insurance companies do not ask whether the injured victim deserves compensation. They ask whether paying is the best financial strategy. If the insurer believes the injured party lacks strong evidence or legal representation, the company may offer a low settlement and wait to see if the claimant accepts it. However, when a case presents clear liability, strong medical documentation, and credible risk of liability, insurers adjust their strategy. A top-rated Charleston personal injury attorney can help you build the strongest possible case.
Set Up a Free Case Review with a Top South Carolina Personal Injury Lawyer
At Query Sautter & Uricchio, LLC, our Charleston personal injury attorneys understand how to hold insurance companies accountable. If you have questions about your case, contact us today for a free consultation. From our Charleston office, we handle personal injury cases throughout South Carolina.