If you suffer a personal injury, get medical help right away. Along with this, connect with an attorney. By working with a personal injury law firm in Beaufort, SC, you may be able to pursue damages from anyone who caused you to get hurt.
The Shelly Leeke Law Firm has more than a decade of personal injury case experience. Our Beaufort personal injury lawyer is available to discuss your case. To get started, contact us today.
Personal Injury Definition
A personal injury affects a person’s body, reputation, or emotions. It may occur for many reasons. These include:
- Car accident
- Truck accident
- Medical malpractice
- Dog bite
- Slip and fall accident
- Defective product
- Bicycle accident
- Nursing home abuse
At the Shelly Leeke Law Firm, we understand the challenges that come with an injury lawsuit. Our Beaufort personal injury attorney offers legal resources to help you determine if now is the right time to move forward with a claim. To learn more, reach out to us.
Personal Injury Examples
An injury may range from mild to severe. Regardless, you may be able to seek damages from anyone responsible for it. Examples of personal injuries include:
- Broken bones
- Traumatic brain damage
- Concussion
- Whiplash
- Back injuries
- Spinal cord injuries
- Herniated discs
- Paralysis
- Facial injuries
- Pain and suffering
How much you may get for an injury settlement depends on the severity of your injury and other factors. To find out, consult with an attorney. Then, the lawyer can help you figure out if you have grounds for an injury claim.
Grounds for a Personal Injury Claim
Certain grounds need to be met for your personal injury attorney in Beaufort to be successful with your claim. The burden of proof is based on a preponderance of the evidence. Your lawyer will need to introduce evidence that shows the following elements of negligence were present at the time you suffered your injury:
- Duty of Care: The at-fault party was legally obligated to avoid careless and reckless acts toward you and others.
- Breach of Duty of Care: This party violated their duty of care.
- Causation: Since the party breached their duty of care, you got hurt.
- Damages: You are dealing with economic or non-economic losses as a result of the party’s actions.
A personal injury lawyer in Beaufort can help you build a body of evidence. They may use videos, photos, medical records, and other forms of proof to support your request for damages. If your attorney succeeds, you may receive 100% of the compensation you initially requested.
Personal Injury Claim Process
You may submit a claim through an at-fault party’s insurance company. For example, if you were injured in a left-turn car accident in which the other driver is at fault, you may request compensation through this motorist’s insurer. Once you submit your claim, the insurance provider will investigate it and determine if it will pay you damages.
Just because you file an insurance claim does not mean you will be compensated. An insurance company is more focused on protecting its bottom line and its clients than your best interests. Thus, the business may do everything it can to avoid having to compensate you for your losses.
You may need to file a personal injury lawsuit to get the damages you want. The lawsuit may require you to go to trial and show a judge or jury that you deserve damages. On the other hand, you may be able to negotiate a settlement outside the courtroom.
Who May Be Responsible for a Personal Injury
In some cases, it is clear who is responsible for a personal injury. Comparatively, there are times when it may be difficult to figure out who is at fault. Examples of parties who may be named as defendants in injury cases include:
- Business owners
- Property owners
- Drivers
- Trucking companies
- Government entities
Your lawyer looks at the facts of your case and then identifies any at-fault parties. From here, they can help you figure out how much money to request as part of an injury claim. If you decide to submit a claim, your attorney can make sure it is filed in accordance with South Carolina’s statute of limitations.
How Much Time You Have to File a Personal Injury Claim
Per South Carolina Code §15-3-530, there is a three-year statute of limitations for injury claims. If you get hurt due to someone else’s negligence, you have up to three years to request damages from them. Those who choose not to do so may be ineligible for damages at a later time.
It is in your best interests to file a claim right after your injury happens. This may help you get compensation as soon as possible. Plus, it may lead the at-fault party to offer a fair settlement.
Of course, beware if you get a settlement offer from an at-fault party or their insurance company just days after you suffer your injury. In this situation, you may be tempted to accept the proposal and forgo a claim. However, if you approve a settlement offer that is well short of the damages you have suffered, you may wind up paying costs to treat your injury out of your own pocket.
Damages You Can Recover in a Personal Injury Case
You can request economic and non-economic damages in an injury claim. Economic damages are quantifiable, while non-economic compensation is subjective. Examples of compensation you may recover include:
- Medical bills
- Property damage
- Pain and suffering
- Loss of income
- Loss of companionship
You may also secure punitive damages in your case. These are given out if a judge or jury wants to deter an at-fault party from committing negligent acts in the future. Punitive compensation may be awarded with economic and non-economic damages.
How to Prove Fault in an Injury Case
The burden of proof falls entirely on you. If you cannot show that an at-fault party was negligent, you may not get damages. Conversely, if you prepare a compelling argument, you may convince a judge or jury to award you compensation.
An attorney can help you gather evidence and craft an argument. How they do so varies based on your case. For instance, if you are dealing with a catastrophic injury, your attorney may use medical documents and other relevant information to show that an at-fault party caused you to suffer severe harm.
Expect the at-fault party in your case to do everything within their power to dispute your claim against them. In addition to hiring their own lawyer, they may search far and wide for information they can use to discredit you. If you know what legal challenges you may face, you can plan accordingly and put yourself in the best position to secure a reasonable settlement.
What to Do After You Suffer a Personal Injury
If you suffer an injury due to someone else’s negligence, try to remain calm. There are several things you can do to treat your injury and seek compensation from any at-fault parties. These include:
Call 911
Dial 911, and medical personnel and police officers will come to the scene where your accident and injury happened. Medical professionals can treat your injury. Police officers will collect information from you and others at the scene and prepare an accident report.
Get Medical Care
Do not try to “tough it out.” Go to a hospital to receive a medical evaluation. This helps you identify any injuries you may not immediately notice.
Gather Evidence
Use your smartphone to capture photos and videos from an accident scene where your injury occurred. Also, get the contact information of any witnesses who saw your accident and injury happen. These individuals may be able to make statements you can use as evidence if you bring your injury case to trial.
Do Not Accept a Lowball Settlement Offer
If an at-fault party or their insurance company contacts you after your accident and injury, do not approve a settlement offer. Do not say anything about your accident or injury, either. Otherwise, you risk giving out information that may compromise your ability to receive damages.
Do Not Publish Content About Your Injury Online
An at-fault party may search social media websites for any information they can use against you. If you post photos or other content after your injury occurs, this party may utilize it as evidence to contest your claim. Rather than put your case at risk, think twice before you publish anything on social media or limit the content you post until your claim is resolved.
Connect with an Attorney
Choose a lawyer who has achieved great case results. Ideally, your attorney will have a wealth of personal injury case experience. They will apply what they know to your claim.
Continue with Medical Treatments
If you suffer an injury that will affect you long into the future, do not forgo treatment. Instead, go to follow-up appointments with your doctor and receive the care you need. Track your medical expenses since you may be able to use this information in your request for damages.
Do not expect an instant resolution to your personal injury claim. It may take months or years before you receive compensation. No matter how long it takes, your attorney is committed to helping you get a settlement that meets your expectations.
Personal Injury Settlement Process
The time it takes to resolve a dog bite accident case or any other injury claim may depend on a plaintiff’s willingness to negotiate. If you are open to discussing a settlement, the defendant in your case may be willing to consider resolving your case without a trial. Yet, even though a settlement is a viable option in many cases, it is not always the best choice.
If the defendant in your injury case offers a settlement that accounts for your immediate and long-term losses, you may want to approve it. This helps you get money you can use for your injury costs and related expenses. It also helps you avoid a lengthy legal process.
When a defendant offers far less than what you may receive if you go to trial, you may have no other option than to decline a settlement proposal. Fortunately, you and your attorney can keep working together. Your lawyer can make sure you are fully prepared for what can happen during your trial.
What to Expect During an Injury Trial
If you bring a traumatic brain injury (TBI) case or any other to trial, you get the chance to explain why you should be awarded damages. Your lawyer discusses all possible outcomes before you attend your trial. They can answer any questions you have about the trial process as well.
During a trial, both you and the defendant present your respective arguments. Your lawyer advocates for you and protects your legal rights. The defendant’s attorney does the same for their client.
If a judge or jury believes the defendant was negligent, they may award you damages. In the best-case scenario, you will get the full damages you requested. There are instances where partial damages may be provided.
How Comparative Negligence Applies to Injury Claims
Per the South Carolina Contribution Among Tortfeasors Act, you can recover damages in an injury case as long as you are not primarily at fault. If you are partially responsible for your injury, you may receive a portion of the compensation you originally requested. For those who are found to be mostly at fault for their injury, they cannot receive any damages.
As an example, you may ask for $10,000 in compensation in your injury lawsuit. A judge or jury may find you are 20% at fault. If this happens, you will receive $8,000.
Now, consider what can happen in the same lawsuit if a judge or jury finds you to be 60% at fault. In this scenario, you are primarily responsible for your injury. Therefore, the defendant does not have to pay you any damages, and you are solely responsible for your injury-related costs.
Hire a Beaufort Injury Lawyer
The Shelly Leeke Law Firm has an outstanding track record in personal injury cases. Our Beaufort injury attorney can review your claim and go over your legal options with you. To schedule a free consultation, contact us today.
