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This content is for informational purposes only and is not intended to provide legal advice.
If you’ve been injured due to someone else’s carelessness, you could be eligible for compensation by filing a South Carolina personal injury claim. You should understand your rights during the filing process to recover the best settlement possible. If you’re not sure how to handle your case independently and you have a substantial claim, it is best to consult with an experienced attorney who can help.
The Filing Process
A South Carolina injury attorney will explain the filing process of your personal injury claim. You’ll start by determining which parties are liable for your accident. Then, you’ll analyze your insurance policy and the defendant’s to determine how much you can receive in damages. To get compensation with an SC personal injury attorney’s help, you’ll also have to gather all the evidence about your case and enter into negotiations with the insurance company. You should work with a lawyer when dealing with insurers to ensure you don’t receive less than what you deserve. If necessary, your attorney will have to take the case to court.
The Basis of Your Claim
Negligence is the basis for personal injury claims, so you’ll need to work with your lawyer before you begin the filing process. First, you’ll have to prove that the defendant was negligent and their negligent behavior led to the accident and your injuries.
Once you have the evidence to prove this, you and your lawyer can determine the damages you are entitled to. Damages will be specific to the nature of your accident and injuries.
The insurance company may offer a settlement, and your lawyer will assist you in determining if the offer is reasonable or if negotiations are necessary. If you’re not able to agree with the insurer, you may want to think about filing a personal injury lawsuit.
The Statute of Limitations
If you’re considering a lawsuit, you should know that South Carolina has a statute of limitations regarding personal injury matters. The statute of limitations is the time limit you have to file your lawsuit, and in South Carolina, that time limit is three years. If you don’t file your claim within that time, you waive your right to a trial. The statute of limitations will start when individuals know or should have known that they suffered harm from the accident.
Shared Fault
Sometimes, the individual you are filing a personal injury claim against will argue that you are liable for your injuries. If it is determined that you are partially responsible, this could affect the amount of your settlement.
South Carolina follows the modified comparative negligence rule for shared-fault personal injury cases. This rule determines the amount of your settlement, reduced by the amount that represents your percentage of liability. If you are more than 50% responsible for your injuries, you won’t be able to recover compensation from the other negligent parties.
Types of Damages
Your personal injury lawsuit may request compensatory damages: medical expenses, damaged property, and lost wages. You’ll have to prove that you could not work while recovering from your injuries and present proof that your property was damaged and you received medical care for accident-related injuries.
You may also be awarded non-economic damages that include pain and suffering or distress. In some circumstances, juries award plaintiffs punitive damages too. They are designed to prevent the defendant from engaging in dangerous or severely negligent behavior again. While punitive damages are not common in a car accident claim or a slip and fall lawsuit, they might be awarded in gross medical malpractice and negligence, nursing home abuse, wrongful death, defective products class action lawsuits, etc.
Bottom Line
If you’ve been hurt in an accident or unfortunate incident, you can get compensation with a personal injury attorney’s help in your state. It’s best to contact a lawyer as soon as possible while the event details are still fresh in your and the witnesses’ minds. The sooner you meet with a legal professional, the sooner your lawyer can gather evidence and build a case for you. Then, with the right personal injury attorney on your side, you’ll have a better chance of getting the compensation you deserve for your material losses and injuries.
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