in south carolina if i lose a limb in an auto accident and it was my fault but the charges were dismissed because the da would have known that it wasn t my fault and i have a witness but my lawyer said the most i can get is 100,00 thousand dollars and my bills are 560,000 is my lawyer doing a good or bad job
State/Country relating to question: South Carolina
Hi and welcome to JA
First of all, the level of proof is different. In Criminal law, a DA must prove guilt beyond a reasonable doubt and DAs will often decide to prosecute a case if they don't feel they can meet that burden. In civil cases the burden is "fair preponderance of the evidence".
South Carolina has what we call a 51 percent bar rule, under which a damaged party cannot recover if he is 51 percent or more at fault, but can recover if he is 50 percent or less at fault. The recovery would be reduced by degree of fault.
Your lawyer may have applied that rule to your case to arrive at his monetary assessment. Combined with that HOPEFULLY he has considered the following factors:
1. Cost of past care.
2. Cost of and need for future care.
3. Permanency of the injury, if any, AS ESTABLISHED IN A WRITTENREPORT FROM A MEDICAL SPECIALIST.
4. Reduction in life expectancy.
5. Reduction in work life expectancy.
6 The age and kind of work the injured person does.
7. Past and future work disability and lost wages.
8. Past and future pain and suffering.
My recommendation. Consult another personal injury attorney and get his or her assessment.
You have to consult with an attorney in your state. This is not because I am a NY attorney, but as you can see from the language on the site here, it says that no attorney-client privilege exists and that you should contact a lawyer in your state forrepresentation. In other words, even if I were a lawyer in your state, the same rule applies.
To find an attorney, go online to Martindale.com. This is a nationwidedirectory we lawyers use ourselves to find highly qualified legal specialistsin various fields of law. These lawyers are NOT in Martindale because they paidto be included. They are there because they are rated as QUALIFIED by otherlawyers in their field of expertise and geographic area as it applies to yourkind of case. The process is this: other lawyers are asked to fill outquestionnaires giving their opinion of the quality of the work of the law firmthat ultimately appears in Martindale.The site is organized geographically and by legal specialty. Consult withtwo or three and select the one you are most comfortable with.TheMartindale listing will have the names of current or past clients. Feel free to contact those clients as references for the firm.
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