What to Know About Liberty Oak Law Firm's Personal Injury Practice
Liberty Oak Law Firm handles personal injury cases across South Carolina
Liberty Oak Law Firm is a personal injury law practice based in South Carolina that represents clients in cases involving vehicle accidents, workplace injuries, medical malpractice, and other incidents where someone else's negligence caused harm. The firm works on a contingency basis, meaning you pay no upfront fees—the firm collects a percentage of any settlement or court award instead.
The firm's approach centers on investigating what happened, gathering evidence, negotiating with insurance companies, and preparing cases for trial if settlement talks stall. Understanding how a personal injury firm operates, what they charge, and how to know if your case fits their practice helps you decide whether to reach out.
Key Takeaways
- Liberty Oak Law Firm works on contingency, so you pay nothing unless the firm recovers money on your behalf.
- The firm handles vehicle accidents, workplace injuries, medical malpractice, and negligence cases where someone else caused your harm.
- Personal injury cases typically involve proving the other party was negligent, that negligence caused your injury, and calculating what your damages are worth.
- Settlement negotiations often resolve cases before trial, but the firm prepares for court if the insurance company's offer is too low.
- South Carolina has a statute of limitations—a deadline to file suit—that varies depending on the type of injury, so timing matters.
How contingency fees work at personal injury firms
When a personal injury firm takes your case on contingency, you sign an agreement stating what percentage of your recovery the firm will receive. This percentage typically ranges from one-third to 40 percent, depending on whether the case settles before trial or requires litigation. The firm also covers costs like filing fees, expert witness fees, and investigation expenses, which are deducted from your settlement or award.
If the case does not result in a recovery—meaning you lose at trial or the other party has no money to pay—you owe the firm nothing for its time, though you may still owe the out-of-pocket costs the firm spent. This structure means the firm's incentive aligns with yours: they make money only when you do.
Types of cases Liberty Oak Law Firm typically handles
Vehicle accidents make up a large portion of personal injury work. These include car-on-car collisions, truck accidents, motorcycle crashes, and pedestrian strikes. The firm investigates police reports, medical records, and witness statements to establish who was at fault and what injuries resulted.
Workplace injuries fall into two categories. If your employer carries workers' compensation insurance, you file a claim through that system rather than sue your employer directly. If a third party caused your injury—a contractor, equipment manufacturer, or another company on the job site—you may have a personal injury claim against them. Liberty Oak can advise which route applies to your situation.
Medical malpractice cases involve a healthcare provider—doctor, surgeon, nurse, hospital—whose negligence or failure to meet the standard of care caused you harm. These cases are complex because they require expert testimony from another medical professional to establish what the standard of care was and how the defendant fell short.
The firm also handles premises liability (injury on someone else's property due to unsafe conditions), product liability (injury caused by a defective product), and wrongful death (when negligence results in someone's death).
What you need to prove in a personal injury case
Personal injury law in South Carolina rests on four elements. First, the defendant owed you a duty of care—a legal obligation to act reasonably. A driver owes other drivers a duty to follow traffic laws. A property owner owes visitors a duty to maintain safe conditions. A doctor owes patients a duty to provide competent medical care.
Second, the defendant breached that duty—they failed to act as a reasonable person would have. Running a red light breaches a driver's duty. Leaving a wet floor unmarked breaches a property owner's duty. Misdiagnosing a common condition breaches a doctor's duty.
Third, that breach caused your injury. This is not just "the accident happened after the breach"—it means the breach directly led to your harm. If you were hit by a car that ran a red light, the breach caused your injury. If you slipped on an unmarked wet floor and broke your arm, the breach caused your injury.
Fourth, you suffered damages—measurable harm. Damages include medical bills, lost wages, pain and suffering, permanent disability, and in wrongful death cases, loss of companionship. The firm calculates damages by reviewing medical records, pay stubs, and expert opinions about long-term effects.
How settlement negotiations typically unfold
After the firm investigates your case and gathers evidence, it sends a demand letter to the defendant's insurance company. This letter outlines what happened, why the defendant was at fault, what your injuries are, and what you are seeking in compensation. The insurance company then makes a counteroffer, usually lower than your demand.
Negotiation follows: the firm responds to the counteroffer, the insurance company responds again, and this cycle continues until both sides either reach a number they can accept or decide they are too far apart. Many cases settle during this phase because both sides prefer certainty over the cost and risk of trial.
If settlement talks stall, the firm files a lawsuit and the case enters the discovery phase, where both sides exchange documents and take depositions (recorded question-and-answer sessions). This process can take months or years. If the case does not settle during discovery, it goes to trial, where a judge or jury decides the outcome.
South Carolina's statute of limitations for personal injury
South Carolina law sets a deadline—called a statute of limitations—for filing a personal injury lawsuit. For most personal injury cases, including vehicle accidents and premises liability, you have three years from the date of injury to file suit. For medical malpractice, the deadline is also three years from when you discovered (or reasonably should have discovered) the malpractice, but no more than six years from the date of the negligent act itself.
If you miss the deadline, the court will dismiss your case and you lose the right to recover anything. This is why contacting a personal injury firm soon after an injury matters—the firm can ensure the deadline is met and begin investigating while evidence and witnesses' memories are fresh.
Questions to ask before hiring a personal injury firm
Before you decide to work with Liberty Oak Law Firm or any personal injury practice, clarify a few things. Ask what percentage of your recovery the firm will take and whether that percentage changes if the case goes to trial. Ask whether the firm covers all costs upfront or whether you will owe costs if the case does not succeed. Ask how long the firm typically takes to resolve cases like yours and what the next steps are.
Ask whether the firm has handled cases similar to yours and what the outcomes were. Ask how often the firm communicates with clients and who your main point of contact will be. These conversations help you understand what to expect and whether the firm is a good fit for your situation.
Frequently Asked Questions
Do I have to go to trial, or can my case settle?
Most personal injury cases settle before trial through negotiation with the insurance company. Trial happens only if both sides cannot agree on a settlement amount. Your firm will prepare for trial regardless, so you are ready if settlement fails, but the majority of cases resolve through negotiation.
What if the person who hurt me does not have insurance?
You can still file a personal injury claim against them directly. However, collecting money from someone without insurance is harder because they may have few assets. Your own insurance policy may cover you through uninsured motorist coverage (if it is a vehicle accident) or other provisions. Your firm can advise what options exist in your situation.
How long does a personal injury case usually take?
Cases that settle during negotiation may resolve in months. Cases that go to trial typically take one to three years from the time you hire the firm, depending on how busy the court is and how complex your case is. Your firm can give you a better estimate once they understand your specific situation.
Will I have to testify in court?
If your case goes to trial, you will likely testify about what happened and how your injury affected you. Your firm will prepare you for this beforehand. If your case settles, you will not need to testify.
What happens if I lose at trial?
If a judge or jury decides against you, you receive no money and owe the firm nothing for its time (though you may owe the out-of-pocket costs the firm spent). This is why contingency arrangements protect you—the firm bears the financial risk if the case does not succeed.