An injury in an accident caused by someone else’s negligence can completely disrupt your life. You may be facing extensive medical bills, not being able to work, and uncertainty about your future health and financial situation. You should know your rights and that you can fight back.
The personal injury claims process can be complex, with strict deadlines and complicated legal procedures. An experienced personal injury attorney in Greenville can help you every step of the way to maximize the success of your case.
How to Provide Proof for Your Case
The more proof you have, the better. It will be hard for anyone to see you were not at fault with a compilation of proof. You should have the following:
- Police report
- Witness statements
- Photographs
- Video evidence
- Expert opinions
Strong documentation builds a compelling argument for maximum compensation.
How to Get Your Police Report
During an accident, getting a police report is not always on your mind. Depending on your situation, you may not have even been able to do this.
You can get your police report by contacting the police department that responded to the incident. Provide them with the date, time, and location of the incident, along with your name. They can then locate the report and provide you with a copy.
If the accident occurred in a city or town, contact that local police department. For accidents on highways or interstates, you would need to get in touch with the state police or highway patrol. Make your request for the police report as soon as possible after the accident while the details are still fresh.
Having the official accident report prepared by the responding officer provides vital evidence in a personal injury claim. It contains vital information like which party was deemed at fault, witness statements, and the officer’s assessment of how the collision occurred.
Negotiating with Insurance Companies
Insurance companies do not have your best interests in mind. Their goal is to pay as little as possible on your claim. Attorneys know how to strategically handle insurers to demand the fair compensation you deserve. An insurance company will always start with a low offer.
People often think they have to take that first settlement. Thankfully, you can counter-offer or tell them you will not take that low of a settlement.
Types of Personal Injury Cases
Some common personal injury cases include:
Auto Accident Injuries
Common car accident injuries can range from soft tissue damage to catastrophic brain and spinal cord trauma. An attorney can help you with negligence claims like distracted driving, drunk driving, reckless driving, and speeding accidents. Both drivers and passengers can suffer severe injuries through no fault of their own.
Truck Accident Injuries
Commercial truck crashes can be devastating due to the massive size and weight of 18-wheelers and other large trucks. It can seem intimidating trying to get compensation against a company, but with a personal injury lawyer in Greenville on your side, it can seem easier.
Motorcycle Accident Injuries
Motorcycle riders are extremely vulnerable to serious injuries when passenger vehicles fail to yield or make improper turns into their path. Traumatic brain injuries, spinal cord damage, paralysis, broken bones, burns, and road rash often result.
Pedestrian Accident Injuries
Pedestrians have little protection when a negligent driver causes a collision. These accidents usually happen while crossing at a crosswalk, intersection, parking lot, or roadway shoulder.
Bicycle Accident Injuries
Bicyclists face risks from distracted or aggressive drivers who cause sideswipe, dooring, right hook, and other bike crashes. These cases usually involve broken bones, spinal damage, head injuries, and wrongful death of cyclists.
Premises Liability Injuries
Property owners are legally responsible for maintaining safe premises. Common claims are slip and falls, faulty security, defective stairs and handrails, unsafe conditions, dog bites, swimming pool injuries, and other premises incidents.
Defective Product Injuries
Minor and serious injuries can occur from a defective product. This could be from defective auto parts, medical devices, drugs, childhood products, and other unsafe products. These products need to be held accountable through product liability law.
Medical Malpractice Injuries
Doctors, hospitals, nurses, and other medical professionals must meet a proper standard of medical care. You should seek justice and fight for compensation if negligent medical mistakes are made.
Nursing Home Abuse & Neglect
Elderly nursing home residents often suffer harm from abuse, bed sores, malnutrition, dehydration, infections, medication errors, and fraudulent billing. It is important to fight for your loved one if they cannot fight for themselves.
Animal Attack Injuries
Owners of dogs, horses, and other domestic animals are legally responsible when a pet attacks and injures someone. An animal can cause significant injuries, and you should fight to resolve any damages.
Wrongful Death Claims
Catastrophic injuries, medical errors, nursing home neglect, or other negligent behavior can result in someone’s death. No family should remain silent after such an experience. You deserve justice for this type of case.
Types of Losses and Damages You Can Claim
Depending on your specific case, you can claim different losses and damages, such as:
Medical Expenses
Both current and ongoing future medical expenses are tallied, such as hospital bills, surgeries, medications, physical therapy, rehabilitation, and more. These costs often reach tens of thousands of dollars or more.
Lost Income
You should figure out how much money you have lost. Check pay stubs, tax returns, and other documentation to calculate the income you lost from missing work due to your injuries. Even a few months off can result in a significant loss.
Loss of Future Earnings
If injuries cause permanent disabilities that reduce your earning capacity, you can get compensation for this. You can get expert reports that show a projection of lifetime earning losses, which can reach thousands of dollars.
Pain and Suffering
You can also get compensation for any pain and suffering through the process. It is not just about physical injuries. You deserve compensation and justice for suffering through the incident.
Emotional Distress
Damages include depression, anxiety, Post-traumatic stress disorder (PTSD), therapy costs, strain on relationships, and reduced quality of life.
Disfigurement
Visible scarring and disability allow you to go after a higher compensation for the psychological effects you may experience.
Wrongful Death Damages
In fatality cases, significant damages for grief, loss of companionship, and funeral costs are pursued along with the value of the deceased’s expected earning capacity.
Benefits of Working With a Greenville Personal Injury Lawyer
If you have suffered an injury in an accident caused by negligence, hiring a personal injury attorney provides many advantages, including:
Strong Knowledge of Local Laws and Courts
Experienced lawyers regularly handle local claims and lawsuits, giving them an in-depth understanding of negligence laws, statutes of limitations, liability rules, and the ins and outs of how judges rule on cases.
Experience Handling Insurance Company Disputes
Insurers know which attorneys fight tooth and nail for their clients. Local lawyers also have insight into adapting negotiation strategies based on the specific insurance carriers involved.
Relationships with Medical Specialists
Lawyers have trusted relationships with doctors, therapists, life care planners, and other specialists to document injuries and treatment needs for maximum compensation.
Knowing What Worked in the Past
With many cases before yours, a lawyer can know what angle to approach your case to the judge. What worked in the past could be the one thing that will get you a successful result.
What to Do After a Personal Injury Incident
It is important to know what steps to take after a personal injury. Whether it is a car accident or another personal injury, you should follow these steps:
Seek Medical Care
Your health should be the first priority. Even if you do not feel major pain initially, some injuries, like head trauma or soft tissue damage, take time to manifest symptoms. Getting medical attention is also essential for documentation.
Report the Incident
File a report with the proper authorities, like the police, or an incident report with a business if the injury occurred on their premises. These reports are crucial evidence later when showing proof of fault.
Document the Scene
Take photos and video of the accident scene and your injuries for visual evidence. This will show the judge and insurance companies the circumstances that caused the incident. For example, if it was a premises liability and there were uneven floors.
Gather Contact Information
Write down the names, phone numbers, insurance information, and other relevant contact details of the parties involved, including witnesses. Also, ask paramedics, police, and fire responders names who are at the scene.
Maintain Records
Keep all medical records detailing diagnosis and treatment, medical expenses, police reports, lost income records, property damage estimates, and other losses stemming from the incident.
Consult an Attorney
Contact an experienced personal injury attorney immediately. Do not provide recorded statements to insurers before discussing your case with your lawyer.
When a Case Goes to Trial
According to the U.S. Department of Justice, only 4-5% of personal injury claims go to trial if negotiations with insurance providers fail. In these cases, attorneys take action by filing lawsuits against negligent parties in court.
Attorneys take several necessary steps to prepare a strong case for trial. They gather all documentation to solidify arguments proving negligence caused the accident.
At trial, attorneys present compelling evidence and arguments before a judge and jury. They aggressively litigate the case through motions, cross-examination of opposition witnesses, and presentation of witnesses and experts supporting maximum compensation for the client’s injuries and damages.
How to Document Your Injuries and Treatment
When pursuing compensation after an accident, it is crucial to fully document the extent of your injuries and necessary medical treatments. This provides proof of the compensation you are seeking.
Your personal injury attorney will gather medical records, bills, and documentation of your diagnosis, treatment plan, and prognosis from your healthcare providers. These records should outline the following:
- The specific injuries sustained are based on testing like X-rays, MRIs, and CT scans. These could include broken bones, head trauma, spinal injuries, and internal organ damage.
- Your doctor’s analysis of how the accident caused these injuries. This legally establishes causation.
- The types of treatment initially required, such as surgery, hospitalization, and medication.
- Ongoing treatment needs like physical therapy, rehabilitation, chiropractic care, and prescription medications.
- Projections for any long-term or permanent limitations, disabilities, impairments, or loss of abilities because of the injuries.
- An analysis of future medical expenses you will likely have over your lifetime due to these lasting injuries and impairments.
- Thorough medical documentation outlining the extent of your injuries now and in the future is critical to securing full and fair compensation for your suffering.
Statute of Limitations for Personal Injury Case
In South Carolina, the statute of limitations for filing a personal injury lawsuit is three years from the date of the injury, according to SC Code Section 15-3-530. This statute of limitations applies to motor vehicle accident injuries and other personal injury claims like premises liability, product liability, medical malpractice, etc.
This three-year statute of limitations means that you have three years from the date of your injury to have an attorney file a personal injury lawsuit against the negligent party who caused the accident and injuries. South Carolina courts strictly enforce this filing deadline.
Some exceptions exist if a minor is injured or the negligent party cannot be located and served within three years. But in most standard injury cases, three years is the maximum time to take legal action with a personal injury claim before their window permanently closes.
Get Help From a Law Firm You Can Trust
The claims process after an accident injury can feel daunting. But a Greenville personal injury attorney levels the playing field against insurance companies and negligent parties so you can get adequately compensated. With extensive legal experience and resources, we can handle the details of your case while you focus on healing.
If you or a loved one suffered harm due to another’s negligence, contact our team for a free consultation. We have achieved results across Greenville, SC, and understand how to build strong cases successfully. We can help you pursue the maximum recovery you deserve with compassionate and strategic guidance.