If you or a loved one has suffered a major injury through an accident, you are probably facing unforeseen and significant physical and financial challenges. Serious injuries can permanently disable a victim, leave them with astronomical medical expenditures, and drastically affect their future.
You do not have to deal with an injury’s repercussions on your own. Our personal injury lawyers at Double Aught can assist you in pursuing restitution and figuring out how to move past the incident. In order to maximize the compensation you are entitled to, we are prepared to hear your story and craft a legal plan.
Why Hire a Personal Injury Attorney?
Self-handling a personal injury claim can be challenging, and if done incorrectly, it could lead to a smaller settlement, a longer claims process, or even no compensation at all. Employing an experienced personal injury lawyer can help you reduce stress and obtain the compensation you are entitled to.
Most personal injury lawsuits are resolved outside of court by personal injury attorneys. The majority of personal injury cases—whether they include traffic accidents, slip and fall accidents, or workplace accidents—are decided without the involvement of a judge or jury. Instead, personal injury lawyers will typically negotiate a favorable settlement with the defense.
A personal injury attorney will fight in court to get you the most money damages possible if the defense refuses to cooperate or agree to a fair settlement sum. Attorneys will also handle insurance companies and adjusters. Typically, the adjusters will try to settle for the lowest amount possible. Powdersville personal injury lawyers know how to negotiate with insurance companies properly.
What is Personal Injury Law?
For many different kinds of accidents, the legal words “personal injury” and “negligence” are widely employed. Despite the fact that the terms are frequently used, personal injury claims are frequently misinterpreted. It is not sufficient to have been hurt in order to bring a personal injury claim. In order to establish a strong case for personal injury, the injured party must be able to demonstrate both culpability (liability) generally through negligence and damages.
A significant portion of all civil claims falls within the purview of personal injury law, which covers everything from slip-and-fall incidents to car accidents to medical malpractice and wrongful death litigation. Other legal claims in this area include those involving products, intentional torts (such as battery or assault), and workers’ compensation.
The majority of laws governing accidents and injuries are based on common law. Therefore they are generally comparable from state to state. In South Carolina, the plaintiff is not held responsible for the injury unless they are more at fault than the defendant.
Explaining Personal Injury Claims
Simply defined, a personal injury claim is made when someone or their property is injured or damaged and has the legal right to recover something that has been unlawfully taken from them.
In contrast to property rights injuries, personal injuries include any sort of harm to a person’s body, emotions, or reputation. Three main legal theories can be used to support personal injury claims:
- Negligence: The majority of personal injury claims are brought on the basis of negligence. The failure to act with the same degree of caution that someone of ordinary prudence would have used in an identical circumstance gives rise to liability under the law of negligence.
- Strict Liability: A legal theory that holds a defendant responsible for an action regardless of their intent and mental state. This will generally apply to animal owners if their animal attacks and injures someone. This will also be used in product liability cases when a flaw in a product causes injury. The producer is automatically liable, even if they did not act in a negligent manner.
- Intentional Wrongdoings: Where the defendant had a specific mental state to cause bodily harm to someone else. These are typically assault, battery, false imprisonment, intentional infliction of emotional distress, and trespass to land and chattels.
When bringing a personal injury claim it will be on the basis of one of these three theories. The plaintiff has the burden of proof to show that all elements of the legal theory are met to be successful in a personal injury claim. If the plaintiff’s claim succeeds, they will get financial compensation for their injuries. Damages are meant to compensate the harmed party for their loss.
Types of Personal Injury Claims
In South Carolina, there are many different kinds of occurrences and accidents that could result in bodily injury and lead to a personal injury lawsuit. However, some mishaps and incidents happen more frequently than others. Among the more typical of these are:
- Motor vehicle accidents: This will include cars, motorcycles, trucks, big rigs, taxis, delivery trucks, buses, and any other roadway vehicle.
- Medical malpractice: Claims of med mal can include any mistake or error made by a treating healthcare professional. The hospital can also be held liable in many situations.
- Premises Liability: The most common example is a slip and fall accident. These are accidents that occur on someone’s property to their negligence in upkeep or failure to warn.
- Workplace Injuries: Common work accidents and illnesses that lead to a personal injury claim involve factory incidents, construction zone accidents, and chemical mishaps.
There are many other personal injury claims that are seen in South Carolina courts. However, the most common will be the ones listed above. If you are injured through another party’s negligence or inaction and are wondering if you have a claim against that party, it is best to consult with a personal injury attorney before proceeding on your own.
Statute of Limitations in South Carolina
In South Carolina, there is a three-year time limit on filing personal injury lawsuits. By extension, this means that you have three years from the date of your accident or injury to initiate a personal injury case. You risk losing your legal recourse if you miss the deadline.
The clock typically begins “tolling” or ticking as soon as the harm occurs. For instance, you have three years from the date of the accident to file a claim if you are hurt in a car accident.
However, sometimes injuries are not immediately apparent to the victim. When this happens, the clock starts ticking as soon as the victim becomes aware of their injuries.
Exceptions to Statute of Limitations
The statute of limitations in South Carolina is subject to exceptions, just like any other law. You might have even less time to make a claim if you’re suing the government, for instance.
The statute of limitations might be extended. If a minor is injured, the clock does not begin to run until they turn 18 unless their parents or legal guardians choose to make a claim on their behalf. Similar to temporal constraints, physical and mental impairments can expand the time limitations. Courts may create an exception to the statute of limitations until it is reasonable to anticipate someone who is hospitalized for a mental illness or temporarily unable to communicate to sue.
Additionally, delays in discovery are frequently grounds for extensions in medical malpractice lawsuits. However, you must register your claim within 3 years after learning about your injury, and you are ineligible to do so if more than 6 years have passed since your initial treatment.
Establishing Negligence in a Personal Injury Lawsuit
Negligence is defined as behaving without exercising the same degree of caution that a prudent person would have in the same circumstance. The behavior typically consists of actions when there is a duty to act (such as a duty to assist victims of one’s prior behavior), but it can also consist of omissions.
Negligent behavior can take the shape of either an act or a failure to act when there is a duty to do so. In a personal injury lawsuit, you must demonstrate that all four elements of negligence have been met in order to succeed on a negligence claim. The four elements of negligence are:
- Duty: there was a duty of care established between the parties
- Breach: the duty of care was breached by the defendant through a negligence manner such as drinking and driving or not removing a hazard on a property
- Causation: the defendant must be both the factual and proximate cause of the plaintiff’s injuries
- Damages: the plaintiff sustained some type of bodily injury or property damage in the accident
Every case is different, but all cases still require all four elements to be met, regardless of other factors. Experienced personal injury lawyers understand the type of evidence that will be needed to bring a successful claim.
Proving the Elements of Negligence
Each aspect of negligence must be proven using some sort of case-related evidence. To provide a successful case, each requirement must be met.
The element that is typically the simplest to establish (apart from injury) is that the defendant owed the plaintiff a duty of care. There is probably a duty owed if some type of relationship was developed (drivers to other drivers, employer to employee, caregivers to infant or elder, etc.).
Courts frequently utilize the Hand Formula to decide if a defendant has violated a duty. The person who bears the expense of precautions shall be held accountable if the cost of adopting such precautions is less than the likelihood of injury multiplied by the seriousness of any resulting injury.
One of two things must occur in order to demonstrate injury: either bodily harm or harm to properly. The burden of showing the injury element will not be met if only economic loss is presented.
Modified Comparative Negligence in South Carolina
Plaintiffs may bring a personal injury claim under South Carolina’s modified comparative negligence statute if they are found to be less than 51% at fault for an accident. The other party is responsible for the accident as long as they contributed 51 percent of the culpability. However, the plaintiff’s portion of the at-fault party’s liability lowers the amount of damages they must pay.
Although the modified comparative negligence rule appears simple enough, it is difficult to apply in civil actions. Claims adjusters, judges, and juries are in charge of deciding who is at fault throughout a lawsuit. A plaintiff may receive a reduced percentage of culpability depending on how well they are able to present the relevant evidence and negotiate the resolution.
The relatively arbitrary assignation of blame emphasizes how crucial proof is in cases involving personal injuries. Who pays what will depend on the circumstances surrounding the event, the extent of the injuries, and liability.
Compensation in a Personal Injury Claim
Accidents of any kind can have negative financial, emotional, and bodily effects. Unexpected medical costs, weeks or even months of lost wages, and intangible losses like mental suffering are all potential outcomes. If someone else was at fault for your accident, you may be eligible to file a personal injury lawsuit to seek monetary damages.
The damages in a personal injury lawsuit will likely include both economic and non-economic damages. Economic damages are those damages that can be accounted for through evidence, and non-economic damages are going to be emotional type damages.
The most common types of economic damages are:
- Medical bills
- Future medical expenses
- Lost wages
- Rehabilitation costs
- Property damage
The most common types of non-economic damages are:
- Pain and suffering
- Loss of consortium
- Loss of future earning capacity
- Mental anguish
- Disfigurement
It is crucial to keep in mind that there is no universal formula for figuring out how much pain and suffering are worth in any specific circumstance. Each instance is distinct and has a variety of conditions. Hence the value of pain and suffering varies. For instance, compared to someone who has broken a bone vs. someone who has lost a leg, an arm, or been permanently disabled will undoubtedly feel much greater agony and suffering.
Hiring a Powdersville Personal Injury Attorney
The process for filing a personal injury claim may prove to be more overwhelming than you initially expected. With the investigation, dealing with the insurance provider, and taking your case to court, the case can become unexpectedly complex. Fortunately, you can relax knowing that Double Aught has a committed South Carolina personal injury attorney on your side.
If our firm accepts your case, we will put up the utmost effort to get you the compensation you are due. Complete our online contact form or give us a call to get started to schedule your cost-free, risk-free consultation today.