Much of personal injury law can come down to one single word: Negligence. When you have suffered an injury because of someone else’s carelessness, you may be entitled to legal compensation. However, before you reach that point, you will need to prove what happened and demonstrate your entitlement to damages. The personal injury process can be complicated, and you benefit when you hire an established lawyer with a track record of getting results for clients.
Handling a Wide Variety of Cases
Personal injuries can happen in practically any situation in your daily life. All it takes is being in the wrong place at the wrong time or putting your well-being in the hands of someone careless or reckless. Personal injury claims can arise from a variety of accidents, including:
- Car accidents
- Slip and fall cases
- Premises liability
- Medical malpractice
- Truck accidents
- Motorcycle accidents
Despite the very wide variety of different types of personal injury cases, all of these come down to the same test in every single claim. It all comes back to negligence. You need to prove that someone else was responsible for your injuries. If you can show that, you are legally entitled to receive payment for your damages.
How to Prove Negligence
Negligence is more than just someone doing something wrong, although that is a large part of the analysis. There are four things that you must prove to show negligence. In every personal injury case, you have the burden of proof. If you cannot meet it, you cannot be paid. This is why you need a lawyer on your side.
These are the four elements of every personal injury claim:
- Duty of Care – The defendant had an obligation to the plaintiff to use reasonable care. You would be surprised at the number of people who owe others a duty of care. A doctor certainly owes this to a patient. When someone gets behind the wheel of a car, they have a duty of care to every other driver on the road, their passengers, and even pedestrians.
- Breach of Duty – This is the most factually intensive part of every personal injury case. You must prove that the defendant breached the duty by acting unreasonably under the circumstances. This is why it is so important to have evidence of what the defendant did, so you can compare it to what a reasonable person would have done.
- Injury – You must show that you have suffered some kind of damage, whether it is physical or to your property.
- Causation – This element involves proving that you would not have been injured had it not been for the plaintiff’s actions (or inaction).
Personal injury cases are all about the facts. Proving facts requires evidence and using it to show that you meet the legal requirements for receiving compensation. However, it is not always easy to get your hands on the proof after your accident. For starters, you are injured and do not have the physical ability or the skill to investigate your accident. Then, the responsible party may make it difficult for you to obtain evidence because they know they face liability.
Why You Need a Personal Injury Lawyer
There is nothing that says that you must have a lawyer in a personal injury case. Some people try to represent themselves in the claims process. However, you should understand how the process works and why it favors someone with a strong and aggressive lawyer on their side.
The first party that you may deal with in a personal injury case is an insurance company. It usually makes sense to try to settle your claim at this stage because it is the quickest way to getting a check. The insurance company knows this too, so they try to make things difficult.
After all, you must recognize the role that the insurance company plays in your case. They are a for-profit company. They take in premiums and write out checks for settlements. The difference between the two is their revenue. It makes sense that they would want to pay out as little as possible and put up roadblocks to keep you from getting your money. When someone else is at fault for your injury, you have legal rights. Primarily, this is the right to compensation.
How a Personal Injury Lawyer in Ravenel Can Help
Here are some of the things that a personal injury lawyer can do for you:
- Guide you through the personal injury process, explain your legal rights, and let you know of your options.
- Be on the lookout for anyone who tries to compromise your legal rights, fighting back on your behalf.
- Investigate the cause of your accident and gather evidence that could help prove your case.
- Your lawyer helps value your claim, letting you know if any settlement offer fairly compensates you for your injuries.
- Attempt to negotiate a settlement with the insurance company
- Take your case to court
While you may want to know specifics about how much money you can get or how long your case will take, the best answer we can give is that it depends on your case and injuries. The more serious your injury, the more complex the personal injury process can be. The one specific thing we can give you is that you are better off not dealing with the insurance company on your own.
Call a Ravenel Personal Injury Lawyer Today
If you or a loved one have been injured in an accident, contact a Ravenel, South Carolina, personal injury lawyer at The Law Officers of David Aylor. Legal representation is something that you cannot afford to delay, even when you are injured. Call us at (843) 744-4444 or contact us online, and leave the details of your claim to us. We are dedicated lawyers who do not shy away from a fight.