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Columbia Personal Injury Attorney > Blog > General > Resolving A Catastrophic Injury Case In South Carolina

Resolving A Catastrophic Injury Case In South Carolina


If possible, most attorneys would rather settle most wrongful death and catastrophic (life-threatening) injury claims out of court. For reasons that aren’t quite clear, the plaintiff’s trial winning percentage has dropped since the 1990s. Additionally, out-of-court settlements end cases sooner, allowing victims and survivors to move on with their lives sooner. However, as outlined below, the road to a fair settlement is usually winding and bumpy.

Despite the obstacles that inevitably pop up, many attorneys look for a quick settlement and an easy way out. But a good Columbia catastrophic injury attorney is in it for the long haul. Even if a settlement resolves a case, an attorney must prepare a negligence or other claim as if it will go to trial. This slow and steady approach ensures maximum compensation for your serious injuries. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Setting the Settlement Value

A new car’s sticker price is usually the starting point for purchase negotiations. Likewise, a lawsuit’s settlement value is the starting point for settlement negotiations. During new car price negotiations, there is some give and take, but the dealer does most of the taking. During personal injury claim settlement negotiations, a Columbia personal injury attorney sees to it that the giving and taking is much more evenly distributed.

The settlement value starts with medical bills. So, meaningful settlement negotiations cannot begin until medical treatment is at least substantially complete. If the injured victim didn’t survive the accident, meaningful settlement talks cannot begin until outside experts, like accountants and psychologists, weigh in on what constitutes a reasonable amount of compensation. More on these informal talks below.

To determine noneconomic losses, like emotional distress, attorneys usually multiply the economic losses by two, three, or four, depending on the evidence in the case, applicable legal theories, and a few other factors.

One of the most important “other factors” is the parties’ motivation to settle. Some victim/plaintiffs want to settle quickly, which means they’re willing to settle for less. On the other side, some insurance companies fight injury claims tooth and nail, while others fold faster than Superman on laundry day.

Informal and Formal Negotiations

If all the issues in a case are crystal-clear, and both sides want to settle early, a catastrophic injury claim may settle within a few months, or even a few weeks.

However, legal responsibility and/or extent of damages disputes are very common in these cases. Furthermore, most victim/plaintiffs are willing to hang in there and obtain maximum compensation for their serious losses.

Therefore, informal settlement negotiations often stall or break down completely. If that happens, most Richland County judges appoint third-party mediators to supervise formal negotiations.

During formal negotiations, both sides have a duty to negotiate in good faith. So, instead of going through the motions, they must honestly want to settle the case. Additionally, they must negotiate in good faith. “My way or the highway” is not a good faith negotiation technique.

This additional duty helps formal negotiations succeed when informal negotiations have failed. Additionally, both sides usually want to avoid a risky, protracted trial. As a result, civil mediation in Richland County is about 90 percent successful.

Work With a Thorough Richland County Lawyer

Injury victims are entitled to significant compensation. For a free consultation with an experienced personal injury lawyer in Columbia, contact the Marc Brown Law Firm. You have a limited amount of time to act.


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Experiencing the death of a loved one is a difficult and emotional time. It can also be financially devastating. Let us help!

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Marc Brown

Marc Brown Law Firm

Meet Attorney Marc Brown

Marc Brown is an experienced personal injury and civil rights attorney serving clients throughout South Carolina and Georgia. Marc is motivated by the challenge of helping his clients solve their complex legal issues, and most importantly, he obtains favorable results. He is a caring and conscientious attorney who brings the experience and resources of a larger firm to his smaller, more personalized practices in Sumter and Columbia, SC.

A Personable & Dedicated South Carolina Attorney

As someone who has always had a keen sense of right and wrong and a desire to achieve excellence and fairness in all things, pursuing law was a natural career choice. After graduating with honors from the prestigious Emory University School of Law, Marc went on to become a dedicated litigator who focuses on personal injury, workers’ compensation, and criminal defense cases.

Why Choose Us?

Choosing an attorney is a very important decision, but it can be difficult. When you choose the Marc Brown Law Firm, we do everything we can to keep you informed, put your needs first, and to make sure justice is served. Here are just a few reasons to choose us:

The Right Experience

Attorney Marc Brown has experience that matters. Prior to opening this law firm, Marc spent nearly a half a decade defending big insurance companies and large corporations in personal injury and commercial litigation matters across the United States. Marc knows exactly how insurance companies and corporations evaluate claims and what they look at when deciding to increase the amount they are willing to pay. He thinks outside the box to find additional or hidden opportunities for favorable results.

We’ll Come To You

After being injured in a serious accident, you need to focus on getting better. Serious accidents can be hard on an individual, physically and emotionally. The Marc Brown Law Firm is dedicated to fight for you while you recover. If you are unable to travel to our office for any reason, we will personally visit you! Just give us a call to talk whenever you may be in need of assistance. We’re here to help.

Clients First

At the Marc Brown Law Firm, we choose to put our clients first. Our clients are more than just a case number. We think of each of our clients as extended members of the family. We make sure to inform our clients of all their legal options and provide timely updates throughout the life their case.

24/7 Availability

We are available around the clock for our clients. If at any point we are unavailable, we promise to promptly respond to all messages within hours.


We work hard so that our clients receive the justice they deserve! When necessary, Attorney Marc Brown retains investigators, engineers, and other experts to help prove your case. Insurance companies are big, but Marc is experienced and resourceful. We fight for each of our clients so that you can receive the maximum compensation available to you.

No Fees Unless We Win

We work on a contingency fee basis, which means there are no upfront cost to clients. You only pay lawyer fees when we win your case. This also means that your attorney is only paid a percentage of what is recovered for you. The Marc Brown Law Firm has a vested interest in ensuring that each of our clients receive the maximum recovery available to them. We are determined to fight tirelessly to recover for you.

Marc Brown and The National Trial Lawyers Top 40 Under 40 award