Personal injuries often occur with little or no notice. An unexpected accident can take you by surprise and leave you with expenses, pain and suffering, and other losses. You shouldn’t have to pay due to the negligence of another person or entity. Thankfully, South Carolina law allows injured parties to pursue compensation for personal injuries. To increase your chances of a successful claim, it’s best to hire a qualified Goose Creek personal injury lawyer to represent your interests.
The South Carolina Personal Injury Statute of Limitations
The statute of limitations refers to the law that governs how long a personal injury victim has to file a lawsuit seeking damages. In South Carolina, the statute of limitations is three years from the date of the injury. Once this deadline passes, injured individuals give up their right to seek monetary damages arising from their injury. By hiring an experienced Goose Creek personal injury attorney as soon as possible after your injury occurs, you can ensure that your case is filed on time. Your attorney will need time to research and investigate your case thoroughly, so it’s best not to wait to reach out.
Who is Liable for Your Injuries?
Different types of personal injuries have different potential liable parties. If someone is liable or legally responsible for your injuries, they were negligent. Negligence fails to behave in a certain way or take specific actions that another reasonable individual would have in a similar situation. Sometimes laws help establish liability, and other times it might be common sense. For example:
- A driver who fails to stop at a red light is negligent and breaking the law
- A truck driver speeding down the road in the rain is also careless and breaking the law
- A store owner or manager who doesn’t ensure that spills are cleaned up as soon as they are noticed is negligent
- A landlord who knows the stairs in the property need repairing but doesn’t take action is negligent
- A dog owner or handler whose dog jumps the fence and bites a neighbor is negligent under South Carolina’s strict liability law
In any personal injury case, you must determine who is liable. If you don’t hold the correct party responsible, your case won’t be successful, and you won’t get the compensation you deserve. With a knowledgeable Goose Creek personal injury lawyer on your side, you can be assured that the right party will be held liable. Sometimes, there may even be multiple parties at fault. For instance, if you were involved in an accident with a semi-truck, the driver and the company they work for could both be at fault. Identifying all parties will help maximize your compensation.
The Elements of Negligence
A valid personal injury claim involves all four elements of negligence. Therefore, you or your Goose Creek personal injury attorney will need to prove them to recover damages in your claim. These elements include:
- Duty: The other party owed you a duty of care, such as driving the speed limit or cleaning up a spill.
- Breach of duty: That party violated their duty to you.
- Injuries: You sustained injuries as a direct result of their breach of duty
- Damages: Your injuries caused your damages, such as lost wages, medical expenses, loss of enjoyment of life, and pain and suffering
Generally, the first two elements aren’t difficult to prove. However, it can be challenging to link your injuries and damages to the at-fault party’s actions or prove that they are real. An experienced Goose Creek personal injury lawyer is skilled in establishing all of these elements and can help ensure the best outcome possible in your case.
What is Your Personal Injury Case Worth?
This is a common question among those who sustained a personal injury and their families. When you first meet with a Goose Creek personal injury attorney about representing you, they can give you an estimate of what your case is worth. This estimate is based on other recent cases in the area, the extent of your injuries, your medical bills, and other related expenses, and several other factors, including:
- The strength of the evidence in your claim
- The value of the applicable insurance policies
- If there is more than one party liable for your injuries
- Your non-economic damages such as scarring and disfigurement, humiliation, and mental anguish
- If you possibly did anything that contributed to your injuries- for example, you didn’t wear a seatbelt and were in a car accident
The Value of a Goose Creek Personal Injury Lawyer
You might be tempted to file an injury claim with the appropriate insurance company after an injury and wait to see what happens. Except that, insurance claimants frequently find that insurance companies delay, deny, or devalue injury claims. There’s nothing wrong with expecting them to act in good faith and fulfill their obligations. They might present you with a settlement offer right away, which can be a welcome relief if you have bills to pay. However, it’s likely going to be a low offer that is far less than what your case is worth.
A well-versed Goose Creek personal injury attorney knows the games that insurance companies play. They hold them accountable to their claimants. Multiple studies show that personal injury victims typically receive more compensation when an attorney represents them.
An attorney can also help take care of all the logistics of your personal injury case. This way, you can focus on your healing and recovery.
You Can Count on a Skilled Goose Creek Personal Injury Lawyer
A personal injury can turn your world upside down. You may be experiencing frequent or constant pain, worried about how you will pay your bills, unable to care for your family or pets, or wondering when you can return to work. At David Aylor Law Offices, we understand. We have helped many clients facing the same predicaments obtain compensation. You can receive a no-obligation case review with a Goose Creek, personal injury attorney by calling (843) 744-4444 or contacting us online.