What Harbin & Burnett Does in South Carolina Personal Injury Cases
Harbin & Burnett handles personal injury claims across South Carolina, representing people injured in car accidents, workplace incidents, slip-and-fall cases, and other situations where someone else's negligence caused harm.
The firm operates as a personal injury law practice based in South Carolina, taking cases on a contingency basis—meaning you pay no upfront fees, and the firm's payment comes only if they recover money for you. They work with clients to document injuries, gather evidence, and negotiate with insurance companies or prepare cases for trial if settlement talks stall.
Understanding what a personal injury firm does, how they charge, and what to expect during the process helps you decide whether this type of representation fits your situation.
Key Takeaways
- Harbin & Burnett works on contingency, so you pay nothing unless they recover money in your case.
- The firm handles car accidents, workplace injuries, slip-and-fall incidents, and other negligence-based claims across South Carolina.
- Personal injury cases typically involve gathering medical records, documenting losses, and negotiating with insurance companies before trial.
- Most personal injury cases settle before reaching court, but the firm prepares for trial if the insurance offer does not cover your actual losses.
How Contingency Fees Work
When you hire Harbin & Burnett on contingency, the firm advances the costs of your case—filing fees, expert witnesses, medical record requests, investigation expenses—and recovers those costs plus their fee only if you win or settle. If the case does not result in money for you, you owe nothing.
The firm's fee is typically a percentage of what you recover, often one-third of the settlement or judgment, though this can vary depending on the case complexity and whether it goes to trial. Before signing any agreement, you receive a written fee contract that spells out the exact percentage, what costs the firm covers, and what happens if the case does not succeed.
This structure means the firm's incentive aligns with yours: they only make money if you do. It also means they choose cases carefully, taking on claims they believe have a reasonable chance of recovery.
Types of Cases Harbin & Burnett Handles
The firm takes personal injury cases across several common categories. Car accidents make up a large portion of personal injury work—claims involving injuries from collisions, hit-and-runs, or unsafe driving. Workplace injuries include situations where an employer's negligence or unsafe conditions caused harm, separate from workers' compensation claims. Slip-and-fall cases involve injuries on someone else's property due to negligent maintenance or failure to warn of hazards.
The firm also handles product liability claims when a defective product causes injury, wrongful death cases when negligence results in someone's death, and other negligence-based injuries. Each type of case requires different evidence and expert testimony, which is why personal injury firms develop experience in specific injury categories.
What Happens During a Personal Injury Case
After you hire the firm, they begin by gathering your medical records, accident reports, photographs, and witness statements. This documentation phase establishes what happened, who was at fault, and what injuries resulted. The firm may hire medical experts or accident reconstructionists to strengthen your claim.
Once evidence is compiled, the firm sends a demand letter to the at-fault party's insurance company, outlining your injuries, medical expenses, lost wages, and pain and suffering. The insurance company then makes an initial offer. Most cases settle during negotiation—the firm and insurance company go back and forth until reaching an agreement or deciding settlement is unlikely.
If negotiation does not produce a fair offer, the case moves toward trial. The firm files a lawsuit, and both sides exchange documents and take depositions—recorded statements from witnesses and the injured party. Many cases settle even after a lawsuit is filed, but if yours does not, it proceeds to trial, where a judge or jury decides the outcome.
How to Know If You Have a Personal Injury Claim
A personal injury claim requires four elements: someone owed you a duty of care, they breached that duty through negligence or intentional harm, that breach caused your injury, and you suffered measurable damages—medical bills, lost income, pain and suffering, or other losses. Not every accident or injury creates a legal claim.
For example, if you slip on ice in a parking lot during a winter storm, the property owner may not be liable because natural weather is often considered an "act of God" that owners cannot prevent. But if you slip on spilled liquid that the owner knew about and failed to clean up or warn customers about, that is negligence. The difference lies in whether the owner's actions or inactions created an unreasonable risk.
If you are unsure whether your situation meets these requirements, a consultation with Harbin & Burnett can clarify. Many personal injury firms offer free initial consultations to discuss your case and whether it has potential.
South Carolina's Rules for Personal Injury Cases
South Carolina has specific laws that affect personal injury claims. The state follows a modified comparative negligence rule, meaning if you are found partially at fault for your injury, your recovery is reduced by your percentage of fault—but only if you are less than 50 percent responsible. If you are found 50 percent or more at fault, you cannot recover anything.
South Carolina also has a statute of limitations for personal injury claims: generally three years from the date of injury to file a lawsuit. This deadline is strict; missing it means losing your right to sue, regardless of the strength of your claim. Medical malpractice claims have a different timeline, and wrongful death claims follow yet another. Knowing which deadline applies to your situation is critical, which is why consulting a firm early matters.
The state also caps damages in certain cases—for instance, non-economic damages in medical malpractice have limits—so the firm will explain what your case might be worth under South Carolina law.
What Personal Injury Cases Cost and What You Recover
Under contingency, you pay no upfront costs. The firm covers filing fees, expert witnesses, medical record requests, and investigation expenses. These costs are deducted from your recovery before you receive your portion.
What you can recover depends on your injuries and losses. Economic damages include medical bills, surgery costs, physical therapy, lost wages, and future medical care. Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life. In wrongful death cases, family members may recover for funeral expenses and loss of companionship.
Insurance companies often offer less than cases are worth, which is why negotiation and the threat of trial matter. A firm experienced in your type of injury knows what similar cases have settled for and what a jury might award, giving you a realistic picture of your claim's value.
Frequently Asked Questions
How long does a personal injury case usually take?
Simple cases with clear liability and minor injuries may settle in a few months. Complex cases with serious injuries, multiple parties, or disputed fault often take one to three years, especially if they go to trial. The firm can give you a timeline estimate once they review your specific situation.
What if the at-fault person does not have insurance?
You may still have a claim, but recovery becomes harder. The firm can pursue the person's personal assets, though many individuals have limited resources. Some cases involve your own uninsured motorist coverage, which may help. The firm will explore all available options.
Do I have to go to court?
Most personal injury cases settle without trial. However, if the insurance company's offer does not reflect your actual losses, the firm prepares for trial. You would testify about your injuries and losses, and a judge or jury would decide the outcome. The firm handles all legal work; you mainly attend key hearings and trial.
What if I was partly at fault for the accident?
South Carolina's comparative negligence rule allows recovery even if you were partially at fault, as long as you were less than 50 percent responsible. Your recovery is reduced by your percentage of fault. For example, if you are 20 percent at fault and your case is worth $10,000, you would recover $8,000.
Can I still pursue a claim if I did not seek medical care immediately?
You can, but delays in seeking treatment weaken your claim. Insurance companies argue that if injuries were serious, you would have gone to the hospital or doctor right away. Seek medical attention as soon as you can after an injury, and keep all records. The firm can work with you even if there was a delay, but prompt documentation strengthens your case.