You may have grounds to file a personal injury lawsuit when someone else has harmed you through their negligence or intentional actions. Perhaps someone injured you in a car crash, neglected to clean a spill, or physically assaulted you. No matter what happens, you should speak with a dedicated Greenville, South Carolina personal injury lawyer at Shelly Leeke Law Firm to discuss your options.
When you are ready to demand justice but are not sure where to begin, do not hesitate to contact our legal team, which has a strong track record of success. Schedule a 100% free consultation today. You can learn more about how much your personal injury lawsuit could be worth, how insurance claims work, and what to expect next from your case.
Advantages of Having a Highly Skilled Personal Injury Attorney Working for You
At Shelly Leeke Law Firm, your personal injury lawyer will have extensive experience evaluating personal injury cases and helping our clients seek the compensation they deserve. If the person responsible committed a crime and is convicted, that does nothing to pay your bills as their victim. You need guidance in securing restitution for the pain, suffering, and damages you have experienced through a personal injury claim.
Allow our legal team to put our decades of training and experience to work for you and your loved ones. We are prepared to comprehensively investigate and determine the cause of your accident to ensure that all parties who contributed to your injuries are held accountable. We do not believe you should have to worry about the claims process while you recuperate.
We work for our clients on contingency so you can focus on healing. We charge no upfront costs and cover every expense related to pursuing your case. A portion of your settlement will be used to cover your attorney’s fees, which means we only get paid if we win.
Common Types of Personal Injury Cases
Personal injury is a very broad area of law. You may be able to file a personal injury case when you have been hurt while shopping, driving, engaging in your hobbies, or from a crime. In some instances, you may think there is nothing to be done. However, you may find that someone is responsible for your back or neck injuries.
Suppose you are walking to your car with your groceries, and there is a large pothole in the parking lot that you do not see when you accidentally step into it, falling to the ground and injuring your knee. It can likely be shown that the store owner failed to maintain the lot and contributed to your accident. This is just one example of how a personal injury can occur.
We must be able to show that someone else’s negligent actions were the cause of your injuries. This is the only way you can recover the compensation you are entitled to. Here are some of the most common types of cases your personal injury lawyer in Greenville, SC, at Shelly Leeke Law Firm can handle:
Motor Vehicle Accidents
Motor vehicle accidents can include collisions involving many types of motorized vehicles. You may be traveling in a car or struck by a commercial truck. You may have been crossing the road as a pedestrian or bicyclist or been involved in a motorcycle accident.
In many cases, car accidents are caused by negligent driving behaviors, such as drunk driving, drowsy driving, reckless driving, driving while fatigued, distracted driving, or any other type of traffic violation. Negligent drivers can be held accountable when you file a claim against their auto insurance policy or pursue a personal injury lawsuit against them in civil court. However, negligent drivers are not the only cause of motor vehicle accidents.
In instances where dangerous roads cause accidents, the South Carolina Department of Transportation (SCDOT), the city of Greenville, government-contracted road construction workers and contractors, and other third parties could be at fault. If defective motor vehicle parts contributed to your collision, you may have the right to take action against auto parts designers, distributors, manufacturers, maintenance workers, and even motor vehicle dealerships. You can rely on your personal injury lawyer to investigate the cause of your crash and establish liability so you can get the most out of your claim.
Defective Product Claims
Defective product claims occur when a product or item malfunctions or is defective, causing severe bodily injury or death to a consumer. Product liability claims are unique because nearly anyone involved in the chain of distribution of these items can be sued. Some examples of defective products our clients have been injured by include:
- Contaminated food
- Medical devices
- Prescription drugs
- Baby gear and children’s toys
- Motor vehicle parts
The three primary types of defective product cases include failure to warn, design defects, and manufacturing defects. What makes product liability claims unique is that nearly any individual or entity involved in the distribution of a defective part can be sued. You can rely on your personal injury attorney to ensure all parties who contributed to your injuries and damages are held accountable.
Premises Liability Accidents
Premises liability accidents can happen on any property that is not yours. When property owners fail to ensure their premises are safe and hazard-free or that dangerous conditions are properly marked as such, they can be held accountable for victims’ physical injuries. Some of the most common types of premises liability accidents our personal injury team handles include:
- Slip and fall accidents
- Swimming pool accidents
- Negligent security
- Trampoline accidents
- Supermarket accidents
- Amusement park accidents
- Escalator and elevator accidents
- Stair and ladder accidents
- Wet floor accidents
- Snow and ice accidents
- Lack of proper maintenance
- Parking lot accidents
- Hotel and resort accidents
Animal Attacks and Dog Bites
Animal attacks and dog bites are considered a type of premises liability case. Dog owners are expected to maintain control of their animals at all times. Failing to do so is tantamount to negligence, and the dog owner can be held accountable accordingly.
However, dog owners may attempt to avoid liability by arguing that the victim was trespassing on their property or provoked the dog into acting aggressively. South Carolina is a strict liability state for dog bites. Your personal injury attorney will work tirelessly to build a powerful claim against the dog’s owner and present valuable evidence to support your case.
Nursing Home Abuse and Medical Malpractice
Nursing home abuse and medical malpractice are often preventable. You should be able to trust that your healthcare providers or individuals responsible for taking care of your relatives have the skills, training, experience, and knowledge to do their jobs correctly. Nursing home abuse cannot only be physical but financial, sexual, emotional, psychological, and even include neglect.
Medical malpractice can include any type of medical mistake that violates the medical standard of care. Unfortunately, when medical professionals make mistakes or engage in misconduct, accident victims can suffer considerably. Some of the most common types of medical malpractice cases we take on at Shelly Leeke Law Firm include:
- Surgical errors
- Defective medical devices
- Prescription drug mistakes
- Birth injuries
- Anesthesia mistakes
- Failure to treat
- Failure to provide follow-up care
- Misdiagnosis
Construction Accidents and Work Injuries
Work-related injuries and construction accidents can be life-changing. You may have the right to workers’ compensation benefits and compensation through a personal injury lawsuit or insurance claim. If your workers’ comp application is approved, you may be able to collect disability benefits, get your medical costs covered, and qualify for vocational rehabilitation benefits.
However, you may not always be able to pursue a personal injury claim in addition to your workers’ compensation lawsuit unless someone else’s negligence contributed to your construction accident or on-the-job injuries. Our team will evaluate the details of your case and be prepared to go up against insurance companies that handle your claim in bad faith. You can learn more about whether you require legal representation or have grounds for a personal injury or workers comp claim when you speak with a reputable Greenville personal injury attorney.
How Personal Injury Claims Can Unfold
Understanding how personal injury cases work is crucial as you move through the claims process. Far too many injury victims miss out on compensation they are entitled to by being too intimidated by the claims process to proceed. In the hopes of building your confidence and empowering you to take action on your claim, here is a general overview of how personal injury claims in Greenville work:
- You hire a personal injury attorney
- We meet with you to discuss the specific details of your case
- We form an actionable plan
- Our office begins investigating and collecting comprehensive evidence to be used to support your case
- We speak with witnesses, hire experts and accident reconstructionists, and prepare court filings and insurance documents
- We file a claim against the liable party’s insurer or your own if you carry no-fault protection
- Your legal advocate negotiates with the insurer on your behalf, protecting you from unjust, partial blame allegations
- We continue to renegotiate insurance settlement terms and attend mediation with the liable party
- We will do everything possible to negotiate a just settlement outside of court
- If necessary, our legal team presents our powerful case against the at-fault party before the judge and jury
This is just a basic idea of how personal injury cases work. You may be able to avoid going to trial altogether, depending on the individual details of your injury. Find out what is next for you and your family when you connect with our legal team for a free consultation.
Potential Value of a Personal Injury Claim
If you are wondering whether you should pursue a personal injury claim, you might reconsider after speaking with a legal professional. They will ask questions to understand what happened and to develop a list of potential damages. These losses often include the costs, both tangible and intangible, that you suffer from your injuries.
By producing a record of your medical and other bills and keeping a journal of your pain and recovery process, you can support your request for compensation. We can also gather statements from your friends and family members and other types of valuable evidence that can prove the extent to which your injuries have affected your life. We will also need to consider the impact your accident and resulting injuries may have on your life in the future.
You have the right to maximum compensation for compensatory damages. These can include a combination of economic and non-economic damages. These can consist of one or more of the following losses:
Economic Damages
Economic damages describe every monetary loss associated with the accident you were involved in and your subsequent injuries. They are easy to calculate because they have fixed financial values. Some examples of recoverable economic damages could include:
- Loss of income
- Loss of earning potential
- Loss of employer-provided benefits
- Hospital bills for the ER, ICU, and surgeries
- Prescription medications
- Medical or mobility devices
- Future medical treatment
- Bills for In-home nursing care or a nursing facility
- Damage to your credit score
- Vehicle repair expenses
- Personal property damages
- Increases to your insurance premiums
- Unexpected childcare expenses
- Household maintenance costs
Non-Economic Damages
Non-economic damages could be more challenging. Their impact is often far greater than economic losses, so non-economic damages should be considered accordingly, even though they do not have a monetary value until your attorney assigns one. Some of the most common types of non-economic damages personal injury victims can recover include:
- Physical pain and suffering
- Loss of consortium with your partner or spouse
- Fear, shock, and anticipation
- Scarring or disfigurement
- Loss of enjoyment of life
- Mood disorders such as anxiety, depression, or PTSD
- Emotional trauma and distress
- Embarrassment and indignity
- Diminished quality of life
- Damage to your personal or professional reputation
Depending on the injury and how severely it affects your life, the potential value of a personal injury claim could reach millions of dollars or more. If you have been permanently disabled and can no longer work or care for yourself, your compensation must take this into account. At Shelly Leeke Law Firm, you will work with a personal injury attorney in Greenville, SC, who aggressively pursues the financial relief you will need to recover and live your life comfortably and fully.
Punitive Damages
Punitive damages may also be possible in personal injury claims. According to South Carolina Code §15-32-530, punitive damages can only be awarded when the court system finds it appropriate to punish the liable party. At-fault parties must have demonstrated behavior that could be considered reprehensible, intentionally harmful, willfully malicious, or grossly negligent.
However, punitive damages are not a type of compensatory loss. This means you are not entitled to punitive damages. A punitive damages award could radically increase the amount of your settlement but will often only be awarded if the jury or judge presiding over your case believes a punitive damages award could best serve the community and prevent similar acts of negligence from occurring in the future.
Several Personal Injury Laws May Impact Your Settlement
Multiple South Carolina personal injury laws could influence the outcome of your insurance claim and civil lawsuit. It is important to understand how these laws work so you can prepare accordingly. Your injury attorney has in-depth knowledge and experience of these laws and can offer insight into how your case may be affected.
For example, the state follows fault-based insurance laws. This means that when you are involved in an accident, you file a claim against the at-fault party’s insurance policy instead of filing a claim with your personal insurance provider. This also means your damages may be limited to what types and amounts of coverage the liable party has purchased.
For this reason, you should prepare to go to trial. We may be able to settle your case outside of court with the insurance company or liable party. However, when insurance is insufficient, or the liable party lacks insurance coverage, going to trial may be your best option.
Shared Fault in Greenville Personal Injury Claims
You also need to understand how shared fault laws work. Capitalizing on the state’s shared liability laws is one of the most common ways at-fault parties attempt to avoid liability. Here is how it works:
- The liable party accuses you of sharing responsibility for the accident or your resulting injuries.
- SC follows modified comparative negligence laws at a 50% threshold.
- If your portion of fault is greater than 50%, you will no longer have the right to compensation for your damages.
- If your portion of liability is less than the bar limit, you can still receive a personal injury award.
You should expect your settlement to be reduced proportionately if you are partially responsible for the accident you were involved in. Your attorney will be responsible for ensuring a fault is assessed accurately so you are not taken advantage of by negligent parties.
File Your Greenville Personal Injury Claim Before the Statute of Limitations Expires
When you have decided to file a claim, you must act quickly. Although the legal advocates at our firm are knowledgeable and experienced, putting together a solid case takes time. The statute of limitations in South Carolina is only three years from the date of your injury under South Carolina Code §15-3-20.
If you wait too long, you could lose the chance to sue for the compensation you need. You also need to consider the amount of time you have to file a claim with the insurance company. Some insurance companies limit claim filing deadlines to 48 hours after the accident.
If these deadlines are not met, the court system and insurance company will prevent you from accessing the award you would have otherwise been entitled to. Fortunately, your legal advocate will work diligently to ensure these deadlines are met. This way, you do not have to worry that the statute of limitations will prevent you from recovering the compensation that is rightfully yours.
Injuries to Those Trespassing or Provoking Animals
In many premises liability claims, multiple laws can influence the outcome of your case. We see this most often in slip and falls and dog bite cases. The defense may attempt to avoid financial liability by accusing you of sharing the blame for the incident.
The open and obvious doctrine is a common defense. If dangerous conditions would be considered open or obvious to another reasonable person, the conditions may be regarded as open and obvious, thereby not breaching the property owner’s duty of care. You often see retailers and restaurants protecting themselves and their businesses by utilizing “wet floor” signs when floors may be wet or unsafe.
Property and dog owners also do not owe a duty of care to those trespassing on their premises. If an animal attacks a trespasser, the liable party will typically not be found 100% liable for the victim’s injuries. Your attorney can review the specific details of your case to find out whether these apply to your situation and prepare accordingly.
Speak with Greenville’s Leading Personal Injury Law Firm for Legal Advice and Support Today
You do not have to go it alone when you have been hurt by someone else’s carelessness or malicious acts. Shelly Leeke Law Firm stands ready to provide experienced, reputable assistance from a Greenville personal injury attorney. We work tirelessly to secure the justice and compensation you deserve.
Are you ready to regain control of your life? Are you unsure of where to begin? Connect with our committed personal injury team at Shelly Leeke Law Firm.
Our firm is proud to offer a free initial consultation to injury victims throughout Greenville, North Charleston, Walterboro, Myrtle Beach, and the entire state of South Carolina. Take advantage of this opportunity. Fill out our quick contact form or call our office to get started as soon as today.
