South Carolina Personal Injury Attorney

A serious injury caused by someone else’s negligence can affect every part of your life, like your health, finances, and future. You may have the right to file a personal injury claim, but the burden of proving what happened and the full extent of your losses falls on you.

“GREAT decision on my part hiring this wonderful TEAM of experts. They did everything they said they would do and then some. Mr. Rossotto went to work and battled my medical bills… Mr. Balaban let me come in and just talk to have someone who cared hear me out!” — Ron A.

Working with an experienced South Carolina personal injury attorney can make a meaningful difference. At Marcari, Russotto, Spencer & Balaban, we offer free consultations to help you understand your options and protect your legal rights from the start.

Why Should I Hire a Personal Injury Lawyer?

Hiring a personal injury lawyer in South Carolina gives you the legal guidance you need to navigate complex claims and protect your rights. Insurance companies often try to minimize payouts or shift blame. An experienced attorney can help level the playing field by offering:

• Clear guidance on your right to pursue compensation
• Insight into who may be legally responsible under South Carolina law
• A thorough evaluation of your damages and what your case may be worth

At Marcari, Russotto, Spencer & Balaban, our attorneys bring more than 200 years of combined legal experience to every case we handle. We are here to protect your interests and help you seek fair compensation under South Carolina’s legal standards.

What Types of Cases Do Marcari, Russotto, Spencer & Balaban Handle?

Our South Carolina personal injury attorneys have extensive experience handling a broad range of legal services involving serious injuries and wrongful death. We represent clients in matters such as:

• Car accident legal services
• Motorcycle accident legal services
• Truck accident legal services
• Nursing home abuse legal service
• Dog bite injury legal services
• Wrongful death legal service
• Medical malpractice legal services

Our law firm is committed to helping you understand your legal options and whether you may be entitled to compensation for your injuries.

Why Choose Marcari, Russotto, Spencer & Balaban

At Marcari, Russotto, Spencer & Balaban, we focus on building strong relationships with every client we represent. Our approach to legal representation is rooted in communication, respect, and availability. From your first consultation to the resolution of your case, you’ll work with a team that treats you like family and keeps you informed every step of the way.

Testimonials

“I was very pleased with the Marcari and Assoc action in resolving my case. I was involved in a bicycle accident and run off a country road by a young man in a pickup truck, sustaining T3 vertebra burst fracture. After several depositions and 2 years later, working diligently with my insurance company litigation attorney, Mr Marcari helped me get a very reasonable settlement that had provided be a sense of closure. Thanks for your extremely professional and competent actions, making me very satisfied.” — Chris S.

“I could have pursued bodily injury damages alone from the motorcycle accident, but I’m so glad I didn’t. Don Marcari was easy to work with, and both he and his team had my back through the entire process. Additionally, they communicated often with me to keep me posted on progress. Don knows BI law, and he put the other party’s insurance company in check. Trust me, you will want Don in your corner if you or a loved ever find yourself in need of a bodily injury attorney. I am incredibly appreciative of Don Marcari and his entire team at MRSB!” — Rod W.

What Should I Do After an Accident in South Carolina?

If you’ve been injured in South Carolina, whether in a car accident, at work, or on someone else’s property, taking the right steps after the accident can protect both your health and your legal claim. Here’s what to do:

1. Move to a safe location and call 911. Emergency responders can assess injured people and create an official report. If your vehicle is blocking traffic, move it only if it is safe and lawful to do so under South Carolina law.
2. Take photos of the accident scene, your injuries, vehicle damage, and anything that may help prove fault.
3. File a police report or incident report. In South Carolina, law enforcement documentation may be essential for filing an insurance claim or lawsuit.
4. Get medical care right away, even if your injuries seem minor. Medical treatment records help establish a link between the accident and your condition.
5. Speak with a South Carolina personal injury attorney as soon as possible. Early legal guidance can preserve evidence, protect your rights, and strengthen your claim.

How Do I Know if I Have a Personal Injury Case in South Carolina?

To bring a successful personal injury claim in South Carolina, you must show that another party’s negligence directly caused your injuries and resulted in losses. At Marcari, Russotto, Spencer & Balaban, we can evaluate every potential case based on four key elements:

• Duty of care: The responsible party had a legal obligation to act with reasonable care, such as driving safely or maintaining safe premises.
• Breach of duty: That party failed to meet their legal obligation, either through action or inaction.
• Causation: Their breach directly caused the accident or incident that led to your injury.
• Damages: You suffered physical, emotional, or financial harm as a result.

Establishing each of these elements requires careful investigation and a strong legal strategy. Our personal injury law firm has helped clients across South Carolina pursue compensation in a wide range of personal injury matters. If you’re unsure whether you have a case, schedule a free consultation with our legal team. We’ll review the facts, explain your options, and help you decide what to do next.

Injuries That May Qualify for a Personal Injury Claim

Personal injuries can range from moderate to life-altering, depending on the circumstances of the incident. We work closely with medical professionals and other experts to understand the full extent of your injuries and how they impact your daily life. Common injuries in personal injury claims include:

• Traumatic brain injuries
• Spinal cord damage
• Whiplash and soft tissue injuries
• Broken bones and fractures
• Burn injuries
• Psychological trauma

Catastrophic injuries often result in long-term or permanent disabilities, such as paralysis, vision or hearing loss, or severe cognitive impairment. These cases require careful evaluation and long-term planning to pursue full and fair compensation.

What Is the Legal Process for a Personal Injury Lawsuit in South Carolina?

If you move forward with a personal injury lawsuit in South Carolina, your case will follow a structured legal process. Here’s what typically happens when you work with Marcari, Russotto, Spencer & Balaban:

• Investigation and evidence gathering: We review your accident case, collect documentation, and consult with medical professionals to determine the full scope of your losses.
• Filing a claim: We submit a formal demand to the at-fault party’s insurance company, outlining liability and your damages.
• Insurance response: The insurer will conduct its own investigation, and an adjuster may respond with a settlement offer, which we can review and negotiate on your behalf.
• Filing a lawsuit: If a fair settlement cannot be reached, we file a lawsuit in the appropriate South Carolina court.
• Discovery phase: Both sides exchange information, take depositions, and gather additional evidence to build their cases.
• Settlement or trial: Many cases settle during or after discovery. If not, we’re fully prepared to advocate for you in court.

Throughout each stage, our legal team will handle the paperwork, deadlines, and negotiations so you can focus on recovery. We’re here to protect your interests and fight for the compensation you deserve.

What Is the Discovery Phase in a South Carolina Injury Lawsuit?

If your personal injury claim in South Carolina proceeds to a lawsuit, one of the most important stages is the discovery phase. This is when both sides exchange evidence and gather information to support their arguments. Discovery may involve:

• Questioning witnesses and the parties involved through depositions
• Collecting medical records, photographs, police reports, and other documentation
• Requesting written responses to questions from the opposing side (interrogatories)
• Examining expert opinions and technical evidence

At Marcari, Russotto, Spencer & Balaban, we use the discovery process to strengthen your case, uncover the full scope of the other party’s liability, and prepare for settlement negotiations or trial. Our legal team keeps you informed throughout this phase and protects your rights at every step.

How Long Do I Have to File a Personal Injury Claim in South Carolina?

In South Carolina, the statute of limitations for most personal injury claims is three years from the date of the accident or injury. However, claims involving government entities may have a shorter two-year deadline unless special notice procedures are followed. Certain cases, such as medical malpractice, may also involve different timelines. An attorney can help you determine the correct deadline for your specific situation.

There are some exceptions, such as claims involving minors or government entities, but these involve different deadlines and procedures. That’s why it’s crucial to speak with a personal injury attorney as soon as possible.

At Marcari, Russotto, Spencer & Balaban, we help you act quickly, preserve critical evidence, and make sure your claim is filed on time under South Carolina law.

What Evidence Do I Need to Prove a Personal Injury Claim in South Carolina?

To recover compensation in a South Carolina personal injury claim, you must prove both liability and damages. This requires strong, well-documented evidence. Common types of evidence include:

• Photos of the accident scene and any property damage
• Eyewitness statements and contact information
• Police or incident reports
• Medical records and treatment notes
• Expert opinions from accident reconstructionists or medical professionals
• Surveillance or dashcam footage

At Marcari, Russotto, Spencer & Balaban, we act quickly to preserve and organize key evidence. Our legal team works with investigators, doctors, and other professionals to build a case that supports your claim from every angle.

Should I Talk to the Insurance Company After an Accident in South Carolina?

After an accident in South Carolina, the at-fault party’s insurance company may contact you for a statement. While you might feel obligated to cooperate, it’s important to be cautious, because anything you say can be used to reduce or deny your claim.

Here’s what to keep in mind:

• You can report the accident, but keep your statements brief and factual.
• Do not discuss your injuries in detail, as some may not be fully diagnosed yet.
• Never admit fault, speculate about what happened, or guess about your medical condition.
• Avoid signing anything or accepting a settlement without speaking to an attorney.

At Marcari, Russotto, Spencer & Balaban, we communicate directly with the insurance company on your behalf to protect your rights and prevent missteps that could weaken your claim.

What Compensation Can I Recover in a South Carolina Personal Injury Claim?

If you’ve been injured because of someone else’s negligence, South Carolina law allows you to pursue compensation for both financial and personal losses. These are typically divided into two categories:

Economic Damages

Economic damages cover measurable financial losses such as:

• Medical bills and ongoing treatment costs
• Lost wages from missed work
• Reduced earning capacity if you can’t return to your previous job
• Property damage (such as vehicle repairs)
• Other out-of-pocket expenses related to your injury

Non-Economic Damages

Non-economic damages account for more personal, harder-to-measure impacts, including:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Permanent disfigurement or disability
• Loss of companionship or consortium (typically brought as a separate claim by a spouse in certain injury or wrongful death cases)

At Marcari, Russotto, Spencer & Balaban, we help you identify every category of damages you may be entitled to, not just what the insurance company offers.

How Is a Wrongful Death Settlement Calculated in South Carolina?

In South Carolina, wrongful death settlements are calculated based on the financial and emotional impact the loss has on surviving family members. While no amount of compensation can replace a loved one, these claims seek to provide support for the burdens families face after a preventable death.

Recoverable damages under the South Carolina Wrongful Death Act (S.C. Code § 15-51-10) may include:

• Medical expenses related to the deceased’s final injury or illness
• Funeral and burial costs
• Loss of financial support and future income
• Loss of companionship, care, and guidance
• Emotional pain and suffering of surviving family members

In most cases, wrongful death claims are filed by the executor or administrator of the estate on behalf of the surviving spouse, children, or parents. At Marcari, Russotto, Spencer & Balaban, we work closely with families to pursue fair compensation and handle these deeply sensitive cases with care and respect.

Frequently Asked Questions

How Do I Choose a Personal Injury Lawyer in South Carolina?

Look for an attorney with experience handling claims similar to yours, a strong track record of results, and clear communication. It’s also important to work with a lawyer who offers a contingency fee arrangement, meaning you do not pay any attorney fees up front. You will only pay attorney fees if they win your case. At Marcari, Russotto, Spencer & Balaban, we work on a contingency fee basis, offer free consultations, and handle various personal injury law cases throughout South Carolina.

Does South Carolina Have Personal Injury Protection?

No. South Carolina is an at-fault state and does not mandate personal injury protection (PIP) coverage. However, drivers may choose to purchase optional Medical Payments (“MedPay”) coverage, which can help pay for medical expenses regardless of who caused the accident.

How Long Will My Personal Injury Case Take?

The length of a personal injury case can vary widely. Some cases may settle in a matter of months, while others, especially those involving serious injuries or disputed liability, may take a year or longer. If a case goes to trial, the timeline can extend further. Our team will keep you informed throughout the process and work efficiently to pursue a resolution that supports your recovery.

What if the Insurance Company Won’t Agree to a Fair Settlement?

Insurance companies don’t always negotiate in good faith. If the at-fault party’s insurer refuses to offer a fair settlement, our legal team will be fully prepared to take your case to court.

At Marcari, Russotto, Spencer & Balaban, we’re not afraid to litigate when necessary. Our attorneys are experienced in South Carolina courtrooms and will advocate for your rights through every phase of trial.

Get Legal Help From a South Carolina Personal Injury Lawyer Today

If you were injured in South Carolina because of someone else’s negligence, you don’t have to face the legal process alone. At Marcari, Russotto, Spencer & Balaban, our personal injury attorneys are here to protect your rights and fight for the compensation you deserve.

Call us today at 855-435-7247 or fill out our contact form to schedule a free case evaluation. Our law offices proudly serve clients across South Carolina, including Charleston, Myrtle Beach, Greenville, and surrounding areas.