FAQs

Frankly, that's a great question. With a bunch of great attorneys and law firms out there, we understand it can be hard to choose. You might be falling into what is called "analysis paralysis," but here is what sets us apart from the rest: We Are Experienced With over 100 years of combined experience between the four attorneys in our office, never-mind our tremendous paralegals, there is just about nothing we haven't encountered. Whether it's an unusual car or truck accident, weird product malfunction, or an odd safety hazard on a premises, we have the experience to guide your through the intricacies of your case and develop a tailored strategy to achieve the best possible outcome. We Are Knowledgable While we are passionate about helping our personal injury clients, we also devote a lot of our practice to medical malpractice defense and work closely with doctors. Although this means we don't take on medical malpractice personal injury cases, we have plenty of experience dealing with medical records and an extensive variety of injuries. This gives us a unique ability to assess damages and help get you the full value of your claim. We Are Responsive We pride ourselves on our responsiveness and accessibility. When you work with us, you’re not just another case number. We limit the number of cases we take to ensure each client receives individualized attention. Whether it’s answering your calls, updating you on progress, or addressing your concerns, we’re here for you around the clock, if need be. We Are Honest Lawyers often get a bad rap for being sleazy and shady and that is certainly true of some. However, at Davis & Snyder, honesty is a cornerstone of our practice. From the first consultation, we provide realistic expectations about your case and potential outcomes. We believe in transparency so that you can make informed decisions at every stage. Here's an example: A lot of personal injury firms claim that there is "No Fee Unless You Win." What they don't initially tell you is that doesn't apply to expenses, such as travel expenses, depositions costs, court filing fees, etc. Expenses are often still owed regardless of whether your win or lose. We Value Quality Over Quantity Unfortunately, a lot of personal injury firms focus on quantity over quality and flip cases quickly without properly working them up for their maximum value. Those firms are your opposing party's insurance company's best friend because they often settle for much less than the case is worth to get it done quickly. When we take your case on, we will do everything we can to maximize its potential. Our typical case in the medical malpractice defense world will usually last 2-3 years, if it goes to trial, so we are accustomed to fighting for the long haul and taking a case to trial, if need be. Ultimately, whether we settle or go to trial is your decision, but we are prepared for however you choose to pursue your case. We Are Local Our office is located on Haywood Road and all of our team lives in Greenville. That same team is the team that will be working on your case. As a local firm, we’re deeply familiar with the laws, courts, and insurance companies in the area. This knowledge gives us a strategic advantage in navigating the legal system and advocating effectively for our clients. Additionally, our roots in the community mean we’re personally invested in achieving justice for our neighbors. We Are Client-Centered Our clients are our priority. We take the time to listen to your story, understand your needs, and craft a legal strategy tailored to your unique situation. We’re committed to building a strong attorney-client relationship founded on trust, respect, and communication. We have the experience to guide you through the process, but at the end of the day, it's your case. At every fork in the road, we will give you all the advice you need to make informed decisions that work for you and your needs. Contact Our Experienced South Carolina Personal Injury Attorneys Today If you're interested in finding out more about why you should choose Davis & Snyder to help with your personal injury claim, contact us today and let us go to work for you. We offer free, no obligation consultations to give you a chance to meet us and let us hear your story without any commitment.

Personal injury refers to legal cases involving harm or injury caused to an individual’s body, mind, or emotions due to the negligence or intentional actions of another party. These cases fall under civil law, meaning they are disputes between individuals or entities, rather than criminal charges brought by the state. Examples of personal injury cases include: Car Accidents: Injuries sustained in traffic collisions caused by another driver’s negligence. Slip and Falls: Accidents occurring on someone else’s property due to unsafe conditions, such as wet floors or poorly maintained walkways. Medical Malpractice: Harm resulting from a healthcare professional’s failure to meet standard care practices. Product Liability: Injuries caused by defective or dangerous products. Workplace Injuries: Non-workers' compensation claims for injuries caused by third-party negligence. Contact our experienced South Carolina personal injury lawyers today to learn more.

You may have a personal injury case if you were injured due to someone else’s negligence, recklessness, or intentional actions. To determine whether you have a valid claim, consider the following required elements: Duty of Care: Did the responsible party owe you a duty of care? For example, drivers have a duty to follow traffic laws and drive safely. Breach of Duty: Did the other party fail to meet their duty of care? This could involve negligent actions like running a red light, failing to fix a hazard, or providing substandard medical care. Causation: Can you prove that the other party’s actions (or inaction) directly caused your injuries? There must be a clear link between their behavior and your harm. Damages: Did you suffer damages as a result of the injury? This could include medical bills, lost wages, pain and suffering, or emotional distress. An knowledgable South Carolina personal injury attorney can help you evaluate the specific details of your situation, gather evidence, and determine whether you have a strong case. Most personal injury firms offer free consultations to help you decide how to move forward.

If you’ve been in an accident, taking the right steps can protect your health, safety, and legal rights. Here’s what you should do: 1. Ensure Your Safety Check yourself and others for injuries. Move to a safe location if possible, especially if you’re in traffic. Call 911 to report the accident and request medical assistance if needed. 2. Avoid Admitting Fault Don’t apologize or admit fault, even casually. Statements you make could be used against you later. Limit discussions about the accident to the police, your attorney, and your insurance company. 3. Document the Scene Take photos or videos of the accident scene, injuries, property damage, and any relevant conditions (e.g., wet floors, traffic signals). Gather witness contact information and statements if possible. 4. Report the Incident File a police report if the accident involves a vehicle or other reportable situations. This creates an official record of the incident. Notify your employer if it’s a work-related injury. 5. Seek Medical Attention Even if you don’t feel seriously injured, see a doctor as some injuries (like whiplash or internal injuries) may not be immediately apparent. Keep records of all medical visits and treatments. 6. Notify Your Insurance Company Inform your insurance provider about the accident, but stick to the facts. Avoid speculating about fault or damages. 7. Consult a Personal Injury Attorney Contact an attorney before making statements to insurance adjusters or signing any settlement offers. A lawyer can guide you through the process, protect your rights, and maximize your potential compensation. By following these steps, you can safeguard your health and legal interests while preparing to pursue any necessary claims. If you have any questions, our experienced personal injury attorneys would be happy to assist you.

In South Carolina, the statute of limitations for filing a personal injury claim is generally three years from the date of the injury. This means you have three years to initiate a lawsuit for injuries caused by someone else's negligence, such as in car accidents, slip and falls, or other personal injury cases. Exceptions to the Rule: Claims Against Government Entities: If your injury involves a government entity, such as being injured on public property, you may have a shorter time frame—typically two years—to file a claim under the South Carolina Tort Claims Act. Discovery Rule: If your injury wasn’t immediately apparent, the three-year clock begins on the date you discovered or reasonably should have discovered the injury. Minors or Mental Incapacity: If the injured party is a minor or is mentally incapacitated, the statute of limitations may be extended. Importance of Acting Quickly: Even though three years might seem like plenty of time, it’s critical to start the process early. Evidence can fade, witnesses can become harder to locate, and delays might harm your case. Consulting with a personal injury attorney as soon as possible ensures that your rights are protected and your claim is filed within the required timeframe. If you’re unsure how the statute of limitations applies to your case, contact a qualified South Carolina personal injury attorney for guidance.

Short answer: No. However, while it’s not legally required to have a lawyer for a personal injury case, hiring an experienced attorney can significantly improve your chances of achieving a fair outcome. Here are some reasons why a lawyer is beneficial: Understanding the Law Personal injury laws, insurance policies, and court procedures can be complex. A lawyer knows how to navigate these intricacies and ensure your rights are protected. Accurately Evaluate Your Claim A lawyer can help determine the true value of your claim, including medical expenses, lost wages, future treatment costs, pain and suffering, and other damages you might overlook. Handle Insurance Companies Insurance adjusters are trained to minimize payouts. A lawyer can negotiate on your behalf, counter lowball offers, and ensure you aren’t taken advantage of. Gather Evidence and Building Your Case Attorneys can collect and analyze evidence, interview witnesses, consult experts, and prepare a strong case to support your claim. Reduce Stress Managing a personal injury case while recovering from an injury can be overwhelming. A lawyer can handle the legal process, allowing you to focus on healing. Maximize Compensation Studies have shown that people who hire lawyers often receive higher settlements than those who represent themselves. When You May Not Need a Lawyer If your injury is minor, there’s no dispute about liability, and the insurance company offers a fair settlement, you may be able to handle the claim on your own. However, consulting a lawyer (often for free) can still be helpful to confirm your decision. Free Consultations We offer free consultations. It costs nothing to speak with one of our experienced personal injury lawyers to evaluate your case and decide whether their assistance is worth pursuing.

Most personal injury lawyers work on a contingency fee basis, which means you don’t pay any upfront costs or hourly fees. Instead, the lawyer only gets paid if they recover compensation for you. How Does a Contingency Fee Work? The lawyer’s fee is typically a percentage of the settlement or court award. This percentage usually ranges between 33% and 40%, depending on the complexity of the case and whether it goes to trial. For example, if you receive a $100,000 settlement and your lawyer's fee is 33%, the lawyer would be paid $33,000, leaving you with $67,000. What Happens If You Don't Win? If your lawyer doesn’t recover any compensation for you, you typically won’t owe them any legal fees. However, you may still be responsible for certain case-related expenses, like court filing fees, expert witness fees, or investigation costs. These details will be outlined in your agreement with the lawyer.

You can still hire a personal injury lawyer, even if you can’t afford legal fees upfront. Most personal injury lawyers work on a contingency fee basis, meaning: No Upfront Payment Required You don’t pay any fees to hire the lawyer or start your case. Payment Only If You Win The lawyer is only paid if they recover compensation for you, whether through a settlement or a court verdict. Their fee is a percentage of the compensation you receive (typically 33% to 40%). No Financial Risk If your case doesn’t result in a recovery, you usually won’t owe the lawyer anything for their work. However, you may still be responsible for case-related costs, like filing fees or expert witness fees. These costs are typically explained in advance and often deferred until your case is resolved. Access to Justice The contingency fee arrangement allows anyone, regardless of financial status, to pursue a personal injury claim and have skilled legal representation. What Should You Ask the Lawyer? Before hiring a lawyer, ask about: The percentage they’ll take as their fee. How case-related expenses are handled. Whether they offer free consultations to discuss your case. This fee structure ensures that financial limitations won’t prevent you from seeking the compensation you deserve for your injuries.

The length of a personal injury case can vary significantly depending on several factors, including the complexity of the case, the willingness of the other party to settle, and the court’s schedule. On average, personal injury cases take anywhere from several months to a few years to resolve. Here’s a breakdown of the process: 1. Initial Consultation and Investigation (1-2 months) The first step is scheduling a consultation with your lawyer, which is often free. During this phase, your lawyer will gather information, evaluate your case, and determine the potential for success. After hiring the lawyer, they will begin gathering evidence, speaking to witnesses, reviewing medical records, and possibly consulting experts to strengthen your case. 2. Negotiation and Settlement (3-12 months) Many personal injury cases are settled before going to trial. Settlement negotiations may take several months, as the insurance company or opposing party may need time to evaluate the claim and decide on a fair offer. Your lawyer will negotiate on your behalf to secure the best possible settlement. If both sides agree to a settlement, your case may resolve quickly. If settlement offers are too low or the parties cannot agree, the case may proceed to litigation. 3. Litigation and Trial (1-2 years or more) If the case goes to court, it may take much longer to reach a resolution. Litigation involves the discovery process, where both sides exchange information, followed by pre-trial motions and court hearings. A trial could last anywhere from a few days to several weeks, depending on the complexity of the case, and then the jury or judge will render a verdict. If either side appeals the decision, this could extend the timeline even further. Factors That Affect the Timeline Severity of Injury: More serious injuries may take longer to assess and may involve complex medical treatments or expert testimony. Liability Issues: If fault is disputed, the case may take longer to resolve. Court Backlog: In some areas, courts have heavy caseloads, which can delay the process. Insurance Cooperation: If the insurance company is difficult to work with or uncooperative, the case may take longer to resolve. What You Can Do to Help Speed Up the Process Respond to your lawyer’s requests for information or documentation promptly. Follow all medical advice and attend your doctor’s appointments, as medical records are often crucial in establishing your damages. Be patient and trust your lawyer’s expertise, as they will work to get you the best possible outcome in the most efficient way. Ultimately, each case is unique, but your lawyer can provide a better estimate of your specific case’s timeline after reviewing all the details. If you're looking for an experienced South Carolina personal injury lawyer willing to see your case through it all, don't hesitate to contact us for a free consultation.

In a personal injury case, you may be entitled to recover several types of damages based on the nature of your injury, the circumstances of the accident, and how it has impacted your life. Here are the primary categories of damages that may be available: 1. Economic Damages These are the tangible, measurable losses you have experienced as a result of your injury. Medical Expenses: This includes the cost of hospital bills, doctor visits, surgeries, prescription medications, physical therapy, and any future medical treatments related to your injury. Lost Wages: If your injury prevents you from working, you may be able to recover the income you’ve lost during your recovery period. This can also include future lost earnings if your injury has long-term or permanent effects on your ability to work. Property Damage: If your property, such as your car, was damaged in the accident, you may be entitled to compensation for the repair or replacement costs. Out-of-Pocket Expenses: Any additional costs directly related to your injury, such as transportation to medical appointments, home care, or assistive devices, may also be recoverable. 2. Non-Economic Damages These are the more subjective, intangible losses that result from the emotional and physical toll of the injury. Pain and Suffering: Compensation for the physical pain, discomfort, and emotional distress you have endured due to your injury. Emotional Distress: If your injury has caused anxiety, depression, or other emotional trauma, you may be entitled to compensation for these damages. Loss of Enjoyment of Life: If your injury has impacted your ability to enjoy activities you once did (e.g., hobbies, travel, sports), you may be compensated for this loss. Loss of Consortium: If your injury has affected your relationship with your spouse, including physical intimacy or emotional support, they may be able to claim loss of consortium. 3. Punitive Damages In some cases, punitive damages may be awarded, though they are rare and not typically available in all cases. These are designed to punish the at-fault party for particularly reckless, egregious, or intentional conduct (such as driving under the influence) and to deter similar behavior in the future. Punitive damages are usually awarded on top of compensatory damages and are not intended to compensate you for your losses but to penalize the wrongdoer. 4. Wrongful Death Damages (If Applicable) If a loved one dies as a result of the injury, surviving family members may be able to recover damages in a wrongful death claim. These damages may include: Funeral and Burial Costs Loss of Financial Support Loss of Companionship Loss of Parental Guidance (for minor children) Factors That Affect the Amount of Damages Severity of the Injury: The more severe and long-lasting the injury, the higher the potential damages. Liability and Fault: If the defendant is fully liable, you may be entitled to a larger award. However, in comparative negligence states like South Carolina, your damages may be reduced if you share some fault for the accident. Insurance Coverage: The amount of insurance available to cover your damages may impact the compensation you can recover. A skilled personal injury lawyer can help determine the full extent of your damages, ensuring that you seek fair compensation for both your financial losses and personal suffering.

If the person or entity responsible for your injury does not have insurance, there are still options for pursuing compensation. Here’s what you can do: 1. Uninsured Motorist Coverage (UM) If the at-fault party is uninsured (or underinsured), your own uninsured motorist (UM) coverage may help cover your medical expenses, lost wages, and other damages. Check Your Policy: In South Carolina, UM coverage is mandatory unless you specifically opt out. Review your auto insurance policy to see if you have this coverage, and if so, it can be used to recover damages. Underinsured Motorist Coverage: If the responsible party has some insurance but not enough to cover your full losses, you may be able to use underinsured motorist (UIM) coverage, if included in your policy. 2. Personal Injury Protection (PIP) If you have Personal Injury Protection (PIP) insurance, which is optional in South Carolina but required in some other states, it can help cover medical expenses and lost wages regardless of who was at fault for the accident. 3. Filing a Lawsuit Against the Uninsured Party If the at-fault party has no insurance and you don’t have UM coverage, you may need to file a lawsuit directly against them to recover compensation. However, if they don’t have assets or income to pay a judgment, collecting the full amount may be difficult. Liability and Assets: Even if the person is uninsured, they may still have assets that can be used to satisfy the judgment (e.g., property, savings). Your attorney can help evaluate the likelihood of collecting damages in this situation. 4. Workers' Compensation (If Applicable) If your injury occurred at work, workers' compensation benefits may be available regardless of whether the other party has insurance. Workers' comp can cover medical expenses and lost wages, but it doesn’t compensate for pain and suffering. 5. Health Insurance or Medical Liens If the other party lacks insurance, your health insurance may help cover medical expenses, but it could place a lien on your settlement or recovery. In some cases, this means that your health insurance provider may seek reimbursement from your settlement. 6. Settlement and Negotiation If the at-fault party has no insurance or insufficient coverage, your lawyer may try to negotiate a settlement with them, depending on their financial situation. However, if they have limited resources, there may be little to recover. What Should You Do? If you’ve been injured by someone without insurance, it’s important to speak with an experienced personal injury lawyer. They can review your case and help identify all available options for recovery, including insurance claims and legal action against the responsible party. An attorney can also help you understand how your own insurance policies, such as UM or PIP, apply to your situation. In South Carolina, it’s a good idea to carry uninsured/underinsured motorist coverage, as it provides an added layer of protection in case the person who causes your injury doesn’t have insurance.

Comparative negligence is a legal principle that comes into play in cases where both parties share some degree of fault for an accident. In South Carolina, the state follows a modified comparative negligence rule. This means that if you are found to be partially at fault for the accident, your compensation may be reduced by your percentage of fault. Here’s how it works: 1. Determining Fault In a personal injury case, both parties will be evaluated to determine how much each was responsible for the accident. For example, if you were in a car accident and the other driver ran a red light, but you were also speeding, a court or insurance adjuster may find that both you and the other driver were partially at fault. 2. Impact on Compensation Under South Carolina’s modified comparative negligence rule, if you are found to be 50% or less at fault for the accident, you can still recover damages. However, your total compensation will be reduced by your percentage of fault. For instance, if the court determines that you are 20% at fault, and your total damages amount to $100,000, your compensation would be reduced by 20%, leaving you with $80,000. 3. What Happens if You Are More Than 50% at Fault? If you are determined to be more than 50% at fault for the accident, you cannot recover any compensation. For example, if you are found to be 60% responsible for the accident, you would be barred from recovering damages, even if the other party was still partially at fault. 4. How Comparative Negligence Affects Your Case Insurance Claims: If you are partially at fault, the insurance company will likely reduce the settlement offer based on the degree of your fault. Court Cases: If the case goes to trial, the jury will be instructed to assess the percentage of fault each party bears. The judge will then apply the appropriate reduction to any award you may receive. What Should You Do? If you are involved in a case where comparative negligence may be a factor, it’s essential to have an experienced personal injury attorney. Your lawyer can help gather evidence, present a strong case to minimize your fault, and ensure that you are not unfairly penalized for the accident. Remember, even if you are partially at fault, you may still be entitled to compensation. A skilled personal injury attorney can help ensure you recover the maximum amount possible based on the circumstances of your case. If you're worried about whether your fault in an accident may hinder your ability to recover, contact our knowledgable South Carolina personal injury attorneys.

A free consultation with a personal injury lawyer is an opportunity for you to discuss your case, understand your legal options, and assess whether you want to hire the lawyer to represent you. Here’s what typically happens during a free consultation: 1. Introduction and Overview Introduction to the Lawyer: You’ll meet the attorney who will listen to the details of your case and explain their experience and approach to handling personal injury claims. Overview of Your Situation: You’ll be asked to briefly explain the incident that led to your injury, including when and where it happened, the circumstances of the accident, and the extent of your injuries. 2. Gather Information Details About the Accident: The lawyer will ask for specific details, such as how the accident occurred, who was involved, and whether there were any witnesses. Medical Records: You may be asked to provide information about your medical treatment, including diagnoses, doctor visits, hospital stays, and ongoing treatments. Insurance Information: You may be asked for details about the insurance coverage of both parties (yours and the other party’s), as well as any claims that have been filed. 3. Evaluate Your Case Determine Liability: The lawyer will assess the evidence you provide to determine who may be at fault for the accident and whether the other party is legally liable for your injuries. EvaluateDamages: The lawyer will consider the severity of your injuries, the medical expenses, lost wages, pain and suffering, and any long-term effects your injury may have on your life. Identify Potential Claims: They will identify the types of claims you may be able to pursue, such as for medical expenses, lost income, pain and suffering, or property damage. 4. Discuss Legal Strategy Next Steps: The attorney will explain the legal process involved in filing a personal injury claim, including the steps involved in gathering evidence, filing a lawsuit (if necessary), and pursuing a settlement or trial. Possible Outcomes: They may discuss potential outcomes, including whether they believe your case is likely to settle out of court or whether it may need to go to trial. Timeline: The lawyer will give you an idea of how long the process may take, though this can vary depending on the complexity of your case and whether it settles quickly or requires litigation. 5. Explanation of Fees and Costs Contingency Fee Agreement: Most personal injury lawyers work on a contingency fee basis, meaning they charge a percentage of any recovery you receive, typically between 33% and 40%. The lawyer will explain this fee structure and how it works. No Upfront Costs: You will not need to pay any fees unless you win or settle your case. The lawyer will also discuss whether you will be responsible for any out-of-pocket expenses (such as court filing fees or expert witness costs), which are typically deducted from your recovery. 6. Answer Your Questions Clarify Concerns: This is your chance to ask any questions about the process, the lawyer’s experience, the strength of your case, or what to expect moving forward. Assessing the Lawyer’s Fit: You can also assess whether you feel comfortable with the lawyer and their team, as you’ll be working closely with them if you decide to hire them. 7. Decision to Proceed or Not After the consultation, you’ll have a clearer understanding of your legal options and whether you want to move forward with the attorney’s representation. You can choose to hire them, seek advice elsewhere, or decide not to pursue legal action at all. What to Bring to the Consultation To make the most of the consultation, it’s helpful to bring any relevant documents, such as: Accident reports (police reports, incident reports) Medical records and bills Insurance information Photos or videos of the accident or injuries Any communication with insurance companies Is the Consultation Truly Free? Yes, we offer free consultations with no obligation to hire them. This allows you to explore your options and make an informed decision without incurring any fees upfront. A free consultation is an important first step in understanding your case and the legal options available to you. Even if you choose not to proceed with that lawyer, the consultation will give you valuable insights into how to move forward with your claim. If you're ready to schedule a free, no obligation consultation to discuss your matter, contact our skilled South Carolina personal injury attorneys today.