Surfside Beach Personal Injury Lawyers

When you’ve been harmed due to the actions of another person, business, or entity, knowing what to do next can be really hard.

Injuries happen all the time in Surfside and the surrounding Grand Strand areas. At Indigo Family Law, we’d like to help. When you need our Surfside Beach personal injury lawyers, our team is ready to get to work. Not only do we deal with insurance carriers, but we also fully prepare your claim for trial if needed. We’re here for you and your family. Let us hold the at-fault party accountable so you can recover the compensation you need.

Why Choose Indigo Family Law for Help With a Pedestrian Accident Claim?

Choosing a local, experienced law firm to handle your pedestrian accident claim is critical. At Indigo Family Law, we take pride in providing personalized legal services to our clients in Surfside Beach. Our firm has the experience needed to handle complex personal injury claims while delivering the empathy and understanding required during a challenging time.

We know that pedestrian accidents can leave victims with severe injuries, and we are dedicated to holding the at-fault parties accountable. Whether negotiating with insurance claims adjusters or preparing for trial, our goal is to ensure you receive the compensation you deserve.

Most Common Types of Personal Injury Claims That Arise Along the Grand Strand

Along the Grand Strand, various types of personal injury claims are common. Some of these include:

Car Accidents. With heavy traffic and tourism, car accidents are unfortunately common in the Surfside Beach area. When a driver’s negligence causes a crash, victims may be entitled to compensation.
Truck Accidents. Trucking accidents are particularly dangerous in this area for a few reasons, mainly due to the size and weight of commercial vehicles. However, our busy roadways compound the severity of a collision. Our firm has experience dealing with complex truck accident claims and identifying multiple parties responsible for your injuries.
Pedestrian Accidents. Pedestrians are especially vulnerable when hit by vehicles. Common causes include distracted driving, failure to yield at crosswalks, and speeding. These accidents often result in severe injuries, and our team is here to help you pursue compensation.
Bicycle Accidents. Cyclists frequently share the road with motorists in Surfside Beach, and collisions can result in serious injuries. Whether due to a driver’s negligence or unsafe road conditions, we can help injured cyclists seek compensation.
Golf Cart Accidents. Golf carts are popular in Surfside Beach, but accidents can occur when drivers are negligent or when golf carts are not properly maintained. Our attorneys handle golf cart accident claims to help victims recover damages.
Premises Liability Accidents. If you are injured on another person’s permises (house, business, government building) due to dangerous conditions or negligence, you may be able to file a civil premises liability lawsuit. This includes slip and fall accidents, which often result from hazards like wet floors, poor lighting, or uneven surfaces.
Slip and Fall Accidents. Slip and fall injuries are common in various environments, including grocery stores, restaurants, and hotels. Property owners should always keep their premises safe, and we can help hold negligent property owners accountable.
Defective Products Incidents. If a faulty product caused your injury or illness, you could pursue a claim against the manufacturer, distributor, or retailer. These claims are often complex, but our team is experienced in handling product liability cases.

What are the Elements of Negligence in a South Carolina Personal Injury Case?

To succeed in a civil South Carolina personal injury claim, you must prove that another party or parties was negligent. Negligence happens when someone (or a business or entity) doesn’t act with the level of care that a reasonable person would in relatively similar circumstances. There are four main phases to establishing negligence in a personal injury case:

Duty of care. The aspect of proving negligence is demonstrating that the person who allegedly caused the injury (the defendant) owed you a duty of care. This means that your lawyer will show that the defendant had a legal obligation to act with caution and consideration toward you. For instance, drivers owe a duty of care to pedestrians and other drivers by following traffic laws and driving safely.
Breach of duty. Once you have established that a duty of care existed, you need to prove that the defendant breached this duty. A breach occurs when the responsible party fails to act as a reasonable person would under the same circumstances. Examples include distracted driving, speeding, or failing to maintain safe premises.
Causation. It is not enough to show that the defendant breached their duty; you also must prove that their actions directly caused your injuries. In legal terms, this is known as “causation.” If the breach of duty was the primary factor leading to the accident, you can establish a link between the negligence and your injuries.
Damages. Finally, you must show that you suffered actual harm or losses as a result of the defendant’s negligence. This includes physical injuries, medical bills, lost income, and non-economic damages such as pain and suffering. Without showing damages, you cannot recover compensation, even if negligence is proven.

An experienced Surfside Beach personal injury lawyer can help gather the necessary evidence to prove each element of negligence, ensuring that you build a strong case.

How Can You Determine Liability in a Personal Injury Case?

Determining liability in a personal injury case often involves proving negligence. In South Carolina, negligence occurs when someone doesn’t act with the level of care that a “reasonable person” would use in the same situation.

In a pedestrian accident case, for example, a driver might be considered negligent through a civil claim if they fail to yield at a crosswalk, drive while distracted, or exceed the speed limit. Our firm will thoroughly investigate your injury claim to identify any liable parties. We can build a strong claim on your behalf, but we need to start now.

Types of Compensation You Could Receive

Pedestrian accident victims may be entitled to several types of compensation, including:

Medical expenses. This includes both immediate costs, such as hospital bills, and ongoing medical care like physical therapy or surgery.
Lost income. If your injuries prevent you from working, you can money for your lost current wages and future earning losses.
Pain and suffering. In addition to financial losses, accident victims can seek compensation for physical pain and emotional distress.
Property damage. If any personal belongings, such as a phone or clothing, were damaged in the accident, you may be entitled to reimbursement.

How Much Compensation Will You Receive for a Personal Injury Claim?

The amount of compensation you can recover depends on several factors, including the severity of your injuries, the extent of property damage, and whether you were partially at fault for the incident. South Carolina follows what is called a modified comparative negligence system, meaning your compensation may be reduced if you are found to be partially responsible for the accident. However, as long as you are less than 51% at fault, you can still recover damages.

What Does an Attorney Do to Help Your Personal Injury Claim?

A personal injury attorney plays a critical role in ensuring you receive the compensation you are entitled to. From the moment you hire an attorney, they take on many responsibilities that help strengthen your claim and guide you through the legal process.

Investigation. Your attorney will conduct a thorough investigation into the accident, gathering key evidence such as police reports, witness statements, medical records, and photographs of the accident scene. This helps build a strong case for establishing liability and calculating damages.
Negotiation with insurance companies. Insurance companies are often focused on minimizing payouts, which means they may offer low settlements. Your attorney will negotiate with the insurance adjusters on your behalf, ensuring that your rights are protected and that you receive a fair offer.
Documentation and filing. Personal injury claims involve significant paperwork, including filing insurance claims, documenting medical treatments, and submitting court documents. An attorney ensures that all necessary documents are prepared and submitted on time, helping you avoid procedural delays.
Legal representation in court. If your case goes to trial, your attorney will represent you in court, presenting evidence, questioning witnesses, and advocating for your best interests. They will work to prove the defendant’s negligence and secure the compensation you deserve.
Guidance and support. Navigating a personal injury claim can be overwhelming, especially while recovering from injuries. Your attorney will provide guidance every step of the way, answering questions, advising on settlement offers, and helping you make informed decisions about your case.

By handling these tasks, an experienced Surfside Beach personal injury lawyer allows you to focus on your recovery while pursuing the compensation you need to move forward.

What Happens if There is Shared Fault for the Incident?

Under South Carolina’s comparative negligence laws, if you are found to be partially at fault for the accident, your compensation will be reduced by the percentage of your fault. For example, if you are found to be 25% at fault, you can still recover 75% of the total damages. Our attorneys will work to minimize your percentage of fault and maximize your recovery.

How Long Do You Have to File Your Personal Injury Claim?

In South Carolina, you generally have three years from the day the injury occurred to file a personal injury claim. It is important to act quickly, as evidence can be lost or destroyed over time. Contacting a Surfside Beach personal injury lawyer as soon as possible ensures that your claim is filed within the statute of limitations.

How Long Will Your Injury Case Take?

The timeline for resolving a personal injury case in Surfside Beach varies depending on several factors. While some cases settle within a few months, others may take over a year, especially if litigation is involved. Understanding what influences the length of your case can help you prepare for the process.

Severity of injuries. Cases involving more severe injuries often take longer to resolve. This is because it can take time to fully understand the long-term impact of your injuries and calculate the total compensation you will need. Rushing to settle before the full extent of your medical needs is known can result in inadequate compensation.
Liability disputes. If the at-fault party disputes liability or if there are multiple parties involved, this can prolong the case. The more complex the investigation and evidence gathering process, the longer it takes to reach a resolution.
Settlement negotiations. Many personal injury cases are settled out of court through negotiations with insurance companies. However, if, as is typical, the insurance carrier makes an inadequate offer, your attorney may need to engage in prolonged negotiations to secure fair compensation. This can extend the timeframe of your case.
Court proceedings. If a fair settlement cannot be reached, one that covers your direct and indirect losses, the case may proceed to trial. Preparing for court, including depositions, witness interviews, and pre-trial motions, can add significant time to the process.

Each case is unique, and your attorney can provide a more specific estimate based on the details of your claim. While it can be tempting to accept a quick settlement, patience is often necessary to ensure you receive the compensation you truly deserve.

Do You Need to Go to Trial for a Surfside Beach Injury Claim?

Most personal injury claims in Surfside Beach are settled out of court, meaning they do not require a trial. In fact, over 90% of personal injury cases are resolved through negotiations with insurance companies. However, there are situations where a trial may be necessary to achieve a fair outcome.

Low settlement offers. If the insurance company refuses to offer a fair settlement that covers your medical expenses, lost wages, and other damages, going to trial may be the best option to secure the compensation you deserve.
Disputed liability. When the at-fault party denies responsibility for the accident or tries to shift the blame onto you, the case may require a trial to resolve the dispute. In court, your attorney can present evidence, call witnesses, and use expert testimony (if needed) to establish liability and demonstrate how the accident occurred.
Severe injuries. Cases involving significant or permanent injuries are more likely to go to trial, as the potential compensation amounts are higher. Insurance companies typically hesitate to offer full compensation in these cases, knowing that a court trial could result in a larger payout.
Comparative negligence. If the defense argues that your actions contributed to the injury, it may reduce your settlement. In South Carolina, under the modified comparative negligence laws, your total amount of monetary compensation can be reduced based on your percentage of fault. If this is disputed, going to trial may be necessary to minimize your fault and maximize your recovery.

While most cases do not go to trial, having an attorney who is fully prepared to take your case to court can provide leverage in negotiations and ensure you are treated fairly.

Steps You Can Take to Help With Your Personal Injury Claim Today

There are several steps you can take after a pedestrian accident to strengthen your claim, including:

Seek medical attention immediately. Even if your injuries seem relatively minor, getting medical care quickly creates a record of your injuries that’s harder for insurance carriers to refute.
Document the accident. Take photos of the scene, your injuries, and any property damage.
Collect witness information. Witness statements can help establish fault.
Contact an attorney. A personal injury attorney along the Grand Strand can guide you through the legal process and ensure your rights are protected.

Call Our Surfside Beach Personal Injury Lawyer Team Today

If you or somebody you care about has been harmed due to the negligent actions of someone else in the Surfside Beach, South Carolina, area, reach out to the team at Indigo Family Law for assistance today. We are right here in Surfside. We understand the area and we understand the people. When you need a Surfside Beach personal injury lawyer, you can get a hold of us for a free consultation of your claim by filling out our contact form or calling us at (843) 279-2330.