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Question

In South Carolina, what is the average lawsuit settlement for an accident victim who suffers muscoskeletal back injury as a result of an auto accident? The victim is not at fault in the accident. The injury has not caused total disability, but the injury has resulted in chronic, daily pain for the victim.

Submitted: 17 days and 23 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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Optional Information

State/Country relating to Question: South Carolina

Already Tried:
Dealing with the other driver's insurance company to get my car repaired.

Posted by RayAnswers 17 days and 23 hours ago.

Answer

Thanks for your question.The reality here is that you are probably talking policy limits.so the primary question would be how much is their coverage and then you seek all of it.This is a permanent or at least long term disabling type injury so a personal injury lawyer would be seeking policy limits.

 

That really is the cap here.Unless the person with coverage here ahs other assets then that is probably the limit on such a recovery.Also note that if you had say underissured motorists coverage yourself this would come into play here as well and should be utilized if it exists.

 

If they had mimimum coverage your cap would be $50 k for car and injuries..

 

"Current South Carolina law requires that at the time a driver's license is issued for the first time and a driver's license is renewed, drivers must certify on the driver's license application (DL 447) that they are insured by an automobile liability policy. Presently, the minimum limits for South Carolina are:

Bodily Injury
- $25,000 for the death or injury of any one person, any one accident
- $50,000 for all persons in any one accident Property Damage
- $25,000 for any one accident



Edited by RayAnswers on 11/4/2009 at 3:21 PM

17 days and 23 hours ago.

Reply

Thank you; your response gave me some insight into what to possibly expect. I am concerned about my medical bills.

Posted by RayAnswers 17 days and 23 hours ago.

Answer

Do you have underinsured coverage--it would allow you to double amount of coverage here.Also if you have PIP here on your policy it is possible to file under that as well as the other guys.PIP--personal injury protection covers medical and lost wages up to stated amount.Check out your policy here if you feel you are going to cap out here.

 

"PIP is personal injury protection coverage that is generally available in what are called "No Fault" insurance states.

This is coverage for YOUR medical expenses, lost wages and replacement services (to do stuff you can't do while recovering like clean your house, etc.) and you get these from your own insurer without having to figure out whose fault the accident was.

In states that have PIP (No Fault), you are supposed to get these benefits in exchange for not suing the at fault driver.

Theoretically, this saves everybody money because there are supposed to be fewer lawsuits.

The attractive feature of PIP coverage is that it you get to go to the doctor if you are hurt and don't have to pay co-pays, deductibles, etc. The coverage is first dollar meaning you should not have to pay anything when you are treated.



Edited by RayAnswers on 11/4/2009 at 3:32 PM

Posted by RayAnswers 17 days and 23 hours ago.

Answer

P.I.P, or Personal Injury Protection/Medical Payments, insurance coverage is not well known or well publicized. This type of insurance coverage can play a crucial role if you or someone you love is involved in an automobile wreck. The most advantageous element of this coverage is the "no-fault" aspect.

  • S.C. Code Ann. § 38-77-144 indicates that PIP coverage is not mandated but if an insurer sells no-fault insurance coverage which provides personal injury protection, medical payment coverage, or economic loss coverage, the coverage shall not be assigned or subrogated and is not subject to a setoff.
  • What does all this mean? Insurance is just that- insuring against a potential risk. As I mentioned in my "Full Coverage" article, you get what you pay for.
  • PIP is optional insurance coverage and is relatively inexpensive.
  • PIP covers you and the other occupants in your car that have your permission to be there.
  • If you cause the wreck, you still have coverage.
  • If you did not cause the wreck, you still have coverage IN ADDITION to any personal injury claims that may arise.

17 days and 23 hours ago.

Reply

How long typically does it take for these types of cases to settle in South Carolina once they are filed?

Accepted Answer

Well they should pay your medical bills or reimburse if you have paid along the way.then when you are done with treatment thay shoudl negotiate for your pain and suffering.I paln on a year here if you are still undergoing treatment/medical care.Your recovery for P and S is based on howm much medical here so keep going and documentsing.You really should consider putting together a folder here.It should have pics, a log of you day to day aches and pains, and medical bills /prescriptions.It would also include any leters or notes from the doctors.Leave forms for lost wages, etc.This is what PI lawyers do and then they do a cover letter indicating what they want as far as P and S here.shoot for the $50k if you have say $10-$20 k in medical here.And you can hire a PI lawyer here to do all of this and assemble records and negotiate.They may recover more than their fee and are money well invested.The big thing is they will front the medical records tab which saves you money on front end.They work on contingent fee usually a third of recovery here..

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Expert: RayAnswers
Pos. Feedback: 97.9 %
Accepts: 
Answered: 11/4/2009

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25 years in civil, criminal, family, probate, elder issues, and administrative law

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