Category: Personal Injury

When someone gets hurt in an accident, and another party’s negligence plays a role, South Carolina law allows them to pursue compensation for the financial losses they have incurred. This compensation is called economic damages, and it covers the money you have already spent and the money you are likely to lose because of the accident.

At Willcox, Buyck & Williams, PA, we help injury victims in Florence and Myrtle Beach, South Carolina, recover the money they deserve. If someone else caused your injuries, you should not be the one left with the bills.

What Do Economic Damages Include?

Economic damages cover the real, measurable costs of an injury. They are meant to make up for the money you lose, both now and in the future. Some examples include:

Medical Expenses

Serious injuries require medical care. Treatment can be immediate and long-term. This type of care can result in towering medical costs that include:

• Emergency room visits
• Hospital stays
• Surgeries
• Doctor appointments
• Physical therapy
• Prescription medications
• Medical equipment (like crutches or wheelchairs)

Even if you have health insurance, you may still face high out-of-pocket costs. Additionally, if you need long-term treatment, those future costs should also be included in your claim.

Lost Income

Many injuries force people to take time off work. If you’ve missed days, weeks, or even months of income, economic damages can help replace that lost money.

Lost wages often include more than just time that you missed from work. If your injuries prevent you from returning to your job or limit the type of work you can do, you may be able to recover compensation for the income you’ll lose in the future.

Property Damage

If an accident damages or destroys something valuable, such as your car in a crash, economic damages can cover the cost of repairs or replacement.

Household and Personal Services

Some injuries make everyday tasks difficult or impossible. If you need help with cooking, cleaning, childcare, or transportation because of your injury, you may recover those costs, too.

Other Out-of-Pocket Costs

Accidents often lead to unexpected expenses. You might need to modify your home, pay for a rental car, or cover travel expenses for medical treatment. These costs add up, and they should be included in your claim.

How Are Economic Damages Calculated?

Economic damages are calculated based on actual financial losses, which means they can determine the amount using bills, receipts, pay stubs, and other records. The goal is to get a clear picture of how much money you’ve lost and how much you’re likely to lose in the future.

For future costs, such as ongoing medical care or lost earning potential, experts may be brought in to estimate how much you will need. These calculations consider factors like your age, job skills, and how much your life has changed due to your injuries.

How Do You Prove Economic Damages?

To build a strong case, you will need proof of your losses. That’s why it’s essential to keep copies of:

• Medical records and bills
• Receipts for prescriptions and medical devices
• Pay stubs or tax returns to show lost income
• Invoices for the repairs or replacement of damaged property
• Estimates for future care or reduced earning capacity

If you do not have all these documents, don’t worry. An attorney can help you gather the right evidence for your claim.

Why Legal Help Matters

Insurance companies may try to downplay your losses or claim that some of your expenses aren’t necessary. They might offer you a quick settlement that doesn’t fully cover what you’ve lost.

For this reason, having legal guidance can make all the difference. At Willcox, Buyck & Williams, PA, we know how to push back against unfair tactics and fight for fair and timely compensation. If you are dealing with injuries following an accident in Florence or Myrtle Beach, call us today for a free consultation, and let’s discuss how we can help you move forward.

According to data made available by Federal Courts, South Carolina has one of the highest per capita rates of personal injury claims in the country.  The personal injury case rate in the state is over 200 percent higher than the national average, and over a third of civil cases in South Carolina were for personal injury. These six types of personal injury cases are the most common. 

1. Car Accidents

South Carolina has one of the highest rates of fatal car accidents in the nation, so it makes sense that car accident personal injury claims are common. The high forces and speeds in car accidents can cause grievous injuries and substantial property damage. Generally, car accident claims are based on negligence, in which the injured party must show the defendant caused the accident through their careless behavior. 

2. Truck Accidents

Truck accidents are even more destructive than typical car accidents due to trucks’ oversized weight and dimensions. Trucks are much larger than typical cars and require more space to move, so accidents often occur when cars are in the path of a truck turning or changing lanes. Litigation in a truck accident case typically involves commercial entities rather than solely private individuals, so recovering compensation may be more challenging. 

3. Slip and Fall Accidents

Slip and fall injuries can fall under the wider umbrella of premises liability, which is the general legal duty property owners have to keep their properties free from hazards that could harm guests. If you slipped and fell on an icy patch in a parking lot, for example, the lot owner could be liable for your injuries as they are responsible for keeping the lot free from hazards. Slip and fall injuries can happen due to wet/icy surfaces, uneven flooring, unnecessarily steep slopes, narrow staircases, walkway obstructions, or a lack of handrails.

4. Dog Bite Injuries

Almost half of American households have at least one dog. Dogs are our trusted companions, but an untrained or aggressive dog can pose a significant hazard to others. Dogs’ powerful jaws create a tremendous amount of bite force that can tear skin and crush bone. Dog bites also tend to leave highly visible scarring and nerve dysfunction without extensive reconstructive surgery. In South Carolina, dog bite injuries are covered under a strict liability standard, meaning that bite victims don’t have to prove negligence on the owner’s part to recover compensation.

5. Medical Malpractice

Doctors and other medical professionals are legally required to provide a certain standard of care. If you sustain an injury or develop an illness due to negligent care from your provider, you may be able to recover money through a medical malpractice suit. Common examples of medical malpractice include botched surgeries, delayed diagnoses, medication errors, birthing injuries, anesthesia injuries, and neglect in in-patient facilities. 

6. Workplace Injuries

Accidents that happen in the workplace often involve a different set of steps compared to other mishaps. Many employees are covered by South Carolina’s workers’ compensation system, which pays for their medical costs, offsets a portion of lost income, and provides certain other benefits. Nearly all employers with at least four employees in South Carolina must carry a workers’ compensation plan. 

Personal Injury Representation in South Carolina

A serious injury can alter the trajectory of your life and create enormous financial pressure. If you have sustained an injury due to another’s irresponsible behavior, contact Wilcox, Buyck & Williams, P.A., today. We can file a personal injury claim against the liable parties to recover financial compensation to help rebuild your life.

Send us a message online or reach out by phone today to speak to a personal injury attorney in South Carolina.

When you’ve been injured due to someone else’s negligence, understanding the damages you may be entitled to is crucial. In South Carolina, personal injury victims can pursue compensation to address the financial and emotional toll of their injuries. These damages generally fall into two categories: compensatory and punitive. Each type plays a specific role in ensuring victims are fairly compensated and wrongdoers are held accountable. 

Compensatory Damages

Compensatory damages are designed to reimburse victims for the losses they’ve suffered because of their injuries. These damages encompass both economic and non-economic losses. 

Economic Damages

Economic damages include the tangible costs associated with your injury. 

• Medical Expenses: Medical expenses often make up a significant portion of this category, covering hospital stays, surgeries, medications, and ongoing treatments like physical therapy. 
• Lost Wages: If your injury prevents you from working, you may also seek compensation for lost wages. 
• Loss of Earning: For those whose injuries have a long-term impact on their ability to earn a living, damages for loss of earning capacity can provide financial relief. 
• Property Damage: Additionally, if your personal property—such as a vehicle—was damaged during the incident, you can recover the costs of repair or replacement. 

Non-Economic Damages

Non-economic damages, on the other hand, address the more intangible effects of your injury. 

• Pain and Suffering: Pain and suffering compensation accounts for the physical discomfort and emotional distress caused by the incident. 
• Loss of Enjoyment of Life: Injuries can also affect your quality of life, preventing you from enjoying activities or hobbies you once loved, and you may be entitled to damages for loss of enjoyment of life. 
• Loss of Consortium: Furthermore, your family relationships can suffer as a result of your injuries, with your spouse potentially eligible for damages related to loss of consortium.

Punitive Damages

In addition to compensatory damages, South Carolina law allows for punitive damages in certain cases. These are not intended to compensate the victim directly but to punish the at-fault party for egregious misconduct and deter similar behavior in the future. Punitive damages are awarded only in cases where the defendant’s actions are deemed especially reckless, malicious, or intentional.

How Are Damages Calculated?

The process of calculating damages varies depending on the type of harm suffered. Economic damages are generally easier to quantify because they rely on concrete evidence, such as medical bills, pay stubs, and repair estimates. 

Non-economic damages, however, are more subjective and often depend on factors like the severity of the injury, the impact on the victim’s life, and precedents set in similar cases. In South Carolina, there are certain caps on non-economic damages in medical malpractice cases, but other personal injury claims may not be subject to the same limitations.

Punitive damages, when applicable, are typically calculated based on the egregiousness of the defendant’s behavior and are subject to statutory caps under South Carolina law. 

Why Legal Representation Matters

Understanding the full scope of damages available to you can be challenging without legal guidance. An experienced South Carolina personal injury attorney can help you build a strong case, gather evidence, and negotiate with insurance companies to secure the compensation you deserve. They can also advise you on whether your case may qualify for punitive damages and help you pursue all available remedies. 

Learn More During a Consultation with Our South Carolina Personal Injury Attorneys 

If you’ve been injured in an accident, it’s essential to act quickly to protect your rights. A personal injury has the potential to significantly change your life. This is a time to ask for help. Our South Carolina personal injury attorneys are here to provide guidance. Your recovery is our priority. Let us help you secure the justice and financial relief you need to move forward. Contact us today for a consultation. 

An accident with a truck or other commercial vehicle has the potential to change your life forever. If you are in such a predicament, it is important that you take specific actions immediately after the collision. Above all, consult with a South Carolina personal injury attorney for guidance in maneuvering through the legal maze. 

Be Civil and Safe

Though there is the potential for tempers to flare during the drama of a commercial vehicle crash, it is best to remain cool, calm, and collected. Your demeanor in the aftermath of a crash with a truck driver shapes his or her willingness to cooperate, share information, and remain civil. Pull over to the side of the road, flag down the driver, and speak politely.

Exchange Information With the Other Driver

The first thing to do in the aftermath of the truck accident is to obtain information. Use your smartphone or pen and paper to write down the following information:

• Opposing driver’s name
• Employer name
• Truck number
• Auto insurance information

Provide your name and the name of your auto insurer. Refrain from offering additional information. 

Record the entirety of the conversation with your smartphone in the event that the driver of the commercial vehicle admits fault. Such evidence can be used to prove negligence in a court of law.

Seek Medical Attention

Now that you’ve collected the bare minimum of information, reach out to an emergency medical services provider for assistance. Start collecting evidence while waiting for the ambulance to arrive. The ambulance driver will take you to the closest hospital for medical evaluation. The treating doctor’s hospital report will detail the accident’s causal relationship to your pain. 

Even if you don’t feel immediate pain or don’t have a visible injury, it is still in your interest to visit with a doctor for a formal medical report. There is the potential for whiplash and other injuries to manifest in the days ahead yet you might not feel those pains right away.

Preserve Evidence

Commercial vehicle accidents are inherently complex. Even a small piece of evidence has the potential to tip the scales of justice in your favor. Take pictures and video of the crash site including the intersection with your smartphone. If you don’t have your smartphone on your person or if your phone was damaged during the accident, draw a picture of the accident scene for future reference. 

Contact the police for a formal accident report. The responding police officer’s accident report will attempt to piece together the accident to assign blame. 

Take a close look at your surroundings for video surveillance cameras. If anyone witnessed the accident, retrieve their name and contact information for future reference. Ideally, you’ll record their witness statements from the accident site using your smartphone’s video recording feature.

Learn More During a Consultation With Our South Carolina Personal Injury Attorneys

A personal injury has the potential to significantly change your life. This is a time to ask for help. Our South Carolina personal injury attorneys are here to provide guidance. Contact us for a consult today.

Workers are often injured in a variety of ways on construction sites, despite the best efforts of OSHA (the Occupational Safety and Health Administration) to push for sites to be completely safe for workers. Serious injuries and even death may result. Some of those deaths can be attributed to tools or materials falling and striking construction workers. If you’ve been injured on a construction site, let South Carolina construction site accident attorneys help you understand your legal options.

Understanding Struck-By Incidents

OSHA categorizes “accidents” as situations where something entirely unforeseen caused injury or death. However, they feel most injuries are the result of poor training or safety rules violations, and so should be categorized as “incidents” instead of “accidents.”

A variety of objects may be found rolling, swinging, falling, or flying on a construction site. Cranes often must lift heavy materials high into the air. Materials may roll off of scaffolding. Tools or building materials can fall from a very pitched roof. Even when safety precautions are taken, many factors can cause struck-by accidents. Winds, rain, mud, darkness – all can contribute to the problem. 

Workers are often struck, resulting in many types of injuries. For example:

• A closed head injury or scalp laceration
• Spinal cord or neck injury
• Eye injury
• Broken bones
• Burns

In rare cases, struck-by accidents can cause death. According to OSHA, there were 5,486 worker fatalities in 2022.

Inadequate Training and Safety Standards: A Major Contributor to Struck-By Incidents

Inadequate worker safety training commonly causes issues with falling or flying objects but that’s not the only cause. Failure to wear protective headgear like hard hats can also cause struck-by injuries. Human factors can cause or contribute, and they can be especially tricky to pinpoint. For instance, worker fatigue may be the root cause due to many factors, for instance:

• Inadequate sleep
• Working too fast due to deadline pressures
• Fatigue due to illness
• Operator error due to substance abuse

Whatever the cause, construction sites are inarguably hazardous, and when property owners, contractors, or subcontractors don’t follow safety standards, everyone on the site is at risk.

The Role of Heavy Equipment and Machinery in Struck-By Accidents

Cranes and other heavy equipment are commonly found at construction sites. Cranes that lift heavy materials often cause struck-by injuries. As materials rise into the air, they often tilt or spin around, making it hard to control where they come down. Unbalanced loads are difficult to control. Workers often don’t see the hazard before they are struck.

Other times, the cranes have been improperly assembled, or they fail to safely signal someone on the ground before lifting a material.  

Whatever the cause, whether operator error or safety violations, struck-by incidents are preventable.

Protecting Your Rights: Seeking Assistance From a SC Construction Site Accident Attorney

If you’ve been hurt by a falling or flying object on a construction site, you have rights. Drawing in medical bills? Unable to work due to your injuries? An experienced South Carolina construction attorney can assess the value of your case and help you to get the compensation you deserve. Contact us today for a no-cost consultation.

Pedestrian accidents have been on the rise for decades. The Governors Highway Safety Administration (GHSA) estimates that 7,508 pedestrians were killed in 2022, the highest number since 1981. From 2010 to 2021, pedestrian traffic deaths increased by 77%, while all other traffic deaths only increased by 25%. Thousands of people are treated for non-fatal pedestrian accident injuries each year. 

Our South Carolina personal injury attorneys discuss what to do if you or a loved one has been injured in a pedestrian accident.

Immediate Steps After a Pedestrian Accident

The moments following a pedestrian accident are chaotic. If you or a loved one are injured in a crash with a vehicle, call 911 to report the accident and request emergency medical services. The 911 operator will also dispatch police officers to the accident scene.

Do not discuss the accident with bystanders other than to ask them for their names and contact information. You do not want to say something that could be construed as admitting fault. If you can, and it is safe for you to do so, take pictures and make a video of the accident scene.

Seek immediate medical treatment for your injuries. Delays in medical care could reduce the chance of making a full recovery. It could also create problems for a personal injury claim and make it more challenging to recover compensation for your injuries and damages. 

Understanding Your Rights

Drivers in South Carolina have a duty of care to avoid a collision with a pedestrian. However, pedestrians must follow all traffic control devices and obey pedestrian laws.

South Carolina is an at-fault state. If a driver hits a pedestrian, the driver can be held liable for damages. Pedestrians can recover compensation for their economic and non-economic damages. Damages in a pedestrian accident include:

• Past and future medical bills
• Impairments and disabilities
• Lost wages and reduction in earning capacity
• Pain and suffering
• Scarring and disfigurement
• Out-of-pocket expenses
• Emotional distress and mental anguish
• Loss of enjoyment of life and diminished quality of life
• Long-term personal and/or nursing care

Before you can recover compensation for a pedestrian accident claim, you must prove the driver was negligent or intentionally caused the accident. 

The Role of a Personal Injury Attorney

Proving fault for a pedestrian accident might not be simple. The insurance company for the driver may fight the claim. It might try to blame you for causing the accident or contributing to the cause of your injuries. 

A personal injury lawyer investigates how the crash occurred. They gather evidence proving causation, fault, and damages – the elements you need to prove to win a pedestrian accident claim. A pedestrian accident attorney also handles the insurance company and files a lawsuit to protect your rights when necessary. 

Navigating the Claims Process

Most pedestrian accident claims begin with filing an insurance claim with the driver’s insurance provider. The company assigns an insurance adjuster to investigate the claim to determine if the insured driver caused the accident. The adjuster works for the insurance claim and gathers evidence to protect the company from liability.

Therefore, it is best to allow your lawyer to handle all matters related to the insurance claim. Adjusters often try to get accident victims to say something that could be twisted to suggest the victim was partially to blame for causing the accident. If you are partially to blame, you will not receive the total amount of your damages, and you could even lose the right to receive any money for your claim. 

Once you complete medical treatment, your lawyer prepares a settlement demand package outlining your injuries and damages, the legal basis for a personal injury claim, and a demand for settlement. Your attorney negotiates with the insurance company for a fair settlement. If the company disputes liability or challenges damages, your attorney files a lawsuit and takes the case to court. Even if your attorney files a lawsuit, your case could be settled before trial. 

Contact Us for a Free Consultation With a South Carolina Personal Injury Lawyer 

You deserve compensation for the pain, suffering, and financial losses caused by a negligent driver. Our South Carolina pedestrian accident lawyers at Willcox, Buyck & Williams, PA, can help you recover a fair settlement amount. Contact our law office today to schedule a free case evaluation to discuss your situation with an attorney.

Product liability refers to the legal responsibility of a manufacturer and/or other parties for damages caused by a defective product. Filing a product liability claim is the first step in seeking compensation for injuries caused by a defective or dangerous product. Our South Carolina personal injury attorney discussed the components of a product liability claim in this blog, including the damages you can receive for a claim. 

What Are the Elements of a Product Liability Claim in South Carolina?

South Carolina law holds sellers and other parties liable when they manufacture and sell dangerous or defective products that cause injuries or harm to consumers. As the injured party, you must prove the legal elements of a product liability claim by a preponderance of the evidence. 

You can sue a party for product liability under general negligence, strict liability, or breach of warrant. Negligence claims require that you prove the party failed to meet the standard of care required under the reasonable standard. The reasonable standard is what a reasonably prudent party would have done in a similar situation. 

Additionally, negligence claims require that you prove the manufacturer, designer, or other party knew or should have known the product was defective or unreasonably dangerous. However, they distributed the product without taking any corrective action. On the other hand, breach of warranty and strict liability claims do not require you to prove negligence. 

Regardless of the cause of action used to sue for injuries caused by a defective product, you must prove the following components of a product liability claim:

• The product was unreasonably dangerous and defective;
• The defect existed when the product was in the control of the seller, manufacturer, or designer;
• The product was not modified after leaving their control;
• The product was being used for its intended purpose; and,
• The defective was the proximate cause of the victim’s injuries.

Proving liability for a product liability claim can be challenging. A product liability lawyer may consult experts to gather evidence proving a product was defective, and the defect caused your injury. 

What Damages Can I Receive for a Product Liability Claim in South Carolina?

Injured victims can recover compensation for their economic damages (monetary losses) and non-economic damages (pain and suffering). Examples of damages for a defective product claim include:

• Medical bills and expenses
• Pain and suffering from mental anguish, physical injuries, and emotional distress
• Lost wages and benefits
• Diminished quality of life
• Out-of-pocket expenses
• Loss of enjoyment of life
• Impairments, disabilities, scarring, and disfigurement
• Reduction in earning capacity

Carefully documenting damages increases the value of your claim. Other factors impact how much a product liability case is worth, including the severity of your injuries, the strength of the evidence proving liability, and the parties involved in the case. Our attorneys work to maximize the value of damages to recover a fair settlement or jury verdict for your case. 

Schedule a Free Consultation With our South Carolina Personal Injury Attorney 

If a defective product injured you, you could be entitled to compensation for your injuries. Contact Willcox, Buyck & Williams, PA, to schedule a free case evaluation with an experienced South Carolina product liability attorney. Our legal team has extensive experience handling defective product claims. We will help you seek the maximum compensation available for your claim.

If you get hit by a moving vehicle, you might wonder what will happen next. This blog talks about what to expect after being involved in a pedestrian accident, beginning with the scene of the accident and continuing through to medical treatment and how a pedestrian accident can change your life.

Pedestrians can suffer severe wounds when struck by a car, truck, or bus. A South Carolina pedestrian accident attorney can fight for you to get the compensation you deserve to rebuild your life.

At the Scene of the Pedestrian Accident

After getting hit by a motor vehicle, you might have catastrophic injuries. Some of your wounds might not develop symptoms right away. It is essential that you avoid moving because that could worsen injuries like spinal cord damage. Of course, you do not want to get hit by another car while lying in the street, so you will need to do what makes sense in your situation.

Have someone call 911. You will need immediate medical attention, and a police officer should come to the scene and write a crash report. Be sure to note the license plate, color, make, and model of the car in case the driver panics and flees the scene before the police arrive.

Say as little as possible at the scene. You will want to be mindful of the fact that your words can get taken out of context and used against you by the at-fault party in an attempt to blame you for the accident.

Immediate Medical Attention

When a person’s body gets hit by a car, there is no metal automobile frame around them for protection, which is why injuries can be devastating in pedestrian accidents. Also, the body can fly into the air and land, causing additional wounds.

Sometimes, the walker is in shock and does not feel the full extent of their injuries. Some injuries can take hours or days to develop symptoms, even though the individual might be experiencing a brain bleed or internal hemorrhaging in the abdomen. It is vital to get immediate medical attention and evaluation. 

Follow-Up Medical Procedures

Depending on the type and severity of your wounds, you might need follow-up medical procedures after the initial medical crisis gets stabilized. Recuperating from pedestrian accident injuries could take months or longer. Some people never regain the complete measure of health they enjoyed before the accident.

Completing Prescribed Medical Treatment

The at-fault party or their insurance company will likely grasp at any available straw to try to decrease the amount they have to pay for your injuries and losses. A common tactic they use is to argue that they should not have to pay you as much money if you did not complete all of the medical treatment your doctor prescribed. Be sure to complete your treatment to remove the possibility of this argument.

How a Pedestrian Accident Can Change Your Life

A pedestrian who suffers catastrophic wounds, like traumatic brain injury or paralysis from spinal cord damage, might be faced with a “new normal.” They might never regain full function, strength, endurance, or range of motion. Some people spend the rest of their lives in long-term care facilities because they need daily assistance with medical treatments and personal care.

A South Carolina pedestrian accident attorney can answer your questions and handle your claim or lawsuit so that you can get the rest you need to get better. You can reach out to us today for a free, no-obligation consultation.