After a serious injury, you deserve compensation for the suffering you’ve been put through. That can be overwhelming, so be sure you have a Greenville personal injury attorney on your side.
An accident can happen at any time. Whether you’re wandering around a store, visiting a friend, or simply driving down the road on your motorcycle, it only takes a moment to suffer a serious injury. Unfortunately, that means someone else might have caused the injury, and they’re expecting you to pay for it.
Fighting back against that isn’t easy. You’ll need to prove they should pay, and you’ll need to show that you weren’t at fault. When you’re already dealing with the impact of your injuries, that’s easier said than done.
That doesn’t mean you have to fight alone. With a Greenville personal injury lawyer, you’ll have someone on your side to fight back. At HawkLaw, P.A., we know a personal injury can be devastating, so get help with your claim today by reaching out to us. Call 888.HAWK.LAW or use our contact page today.
First, what is a personal injury? Generally, it’s any injury that someone else caused because of negligence or willful misconduct. This definition covers any suffering a person causes you, wherever you are when the accident happens.
Understanding that you’re dealing with a personal injury is important, of course, but what kind of claim are you dealing with? Understanding the details of your claim can help you fight back, so your lawyer should cover these details.
Unsure what each claim type entails? The list below gives just a few examples of what you might experience:
After your accident, you might not be thinking about a lawsuit. You’re thinking about your pain and the cost of your time at the hospital. Sadly, this situation can leave you struggling to overcome your accident.
A serious accident comes with serious injuries, and you’ll need to keep track of the injuries you’ve suffered. By doing so, you’ll have a better idea of their impact. You need to know how much they cost, how much of an impact they’ve had on your life, and how much pain you’ve suffered.
Your injuries will matter, so if you haven’t been keeping up with these things, it’s important to begin now. Personal injury cases involve various types of injuries. Your lawyer can help you use that information when you’ve suffered a severe injury, such as the following:
Wrongful death is a specific type of personal injury case that occurs when the injury victim dies as a result of the accident. These cases tend to occur when the accident leads to catastrophic injuries. The loved ones of the victim can seek financial compensation from the at-fault party and their insurance company with the help of a personal injury law firm.
Wrongful death has some of the same types of damages as a personal injury case, such as property damage, but it has some unique categories as well. These include:
Before someone involved in an accident dies, medical teams often provide care to try to keep death from occurring. This care leaves behind costs for the victim’s family, and those costs should be part of the payment when seeking maximum compensation for the accident.
An unexpected funeral and burial can lead to thousands of dollars of costs that a family was not prepared to cover. Seeking legal services during this time can protect you from these unwanted costs during an already stressful time.
When someone dies, the loss of companionship is felt deeply. Many verdicts in wrongful death cases cover payment for this emotional suffering, even though you may not be able to put a price tag on the loss of companionship. If the person had a protecting role in their family, such as in the loss of a parent, that also is part of the compensation.
General pain and suffering of the surviving family members is a final category in a wrongful death case. Again, putting a dollar value on this is not easy, which is why you will want to work with a qualified law office that specializes in this practice area.
Punitive damages are a special type of compensation used in personal injury cases. This is money paid to an injury victim in addition to the compensation. The goal of punitive damages is to punish the defendant if serious wrongdoing is part of the case.
In South Carolina, injury victims must have clear and convincing evidence that “willful, wanton, or reckless conduct” of the at-fault party occurred. Also, the legal team can ask for punitive damages, but they cannot state how much they believe they should be. The amount will be based on the Noneconomic Damage Awards Statute, which lists many factors that the court will consider. In your case evaluation, your lawyer may offer thoughts on how much this might be, but only the jury can put a dollar amount on it.
Unfortunately, getting compensation for your injuries isn’t as simple as proving that you were injured. Instead, personal injury claims in Greenville must also focus on the South Carolina laws that could get your claim dismissed. If you don’t follow these, you may not receive the full compensation you deserve, so be ready to take action to protect your claim.
For example, you’ll need to move quickly. In South Carolina, personal injury claims have a time limit of three years, which means you’ll need to file your claim within three years of the accident. If you don’t, your claim will be dismissed, and you’ll be ineligible for compensation.
That means that if you don’t act quickly enough, you could be left holding the bill for the injuries someone else caused. Be sure that you’re paying attention to the time that’s passed, but also be sure you’re paying attention to all laws affecting your claim.
You may have acted in time to secure your claim, but that doesn’t guarantee the full compensation you deserve. Instead, you’ll need to act in time and protect yourself from accusations of fault.
South Carolina recognizes comparative negligence, which means that you might be held partly responsible for the accident. If you’re found partly at fault, your compensation will be reduced by that amount. If you’re more than 50 percent at fault, your claim will be dismissed.
For example, let’s say you were on government property when you slipped and fell, but you were on the phone during the accident. You might be found responsible for 10 percent of the accident, which means you’ll receive 90 percent of your compensation. While you’ll still be able to recover some damages in this case, we’ll focus on maximizing the compensation available for your recovery.
Once your Greenville, South Carolina lawyer has discussed what laws you’ll need to remember for your unique claim, you’ll need to know what that claim is worth. Since you’ll only have this one chance at your compensation, you’ll need to ensure before you begin that you’re getting the full amount you deserve.
First, you’ll need to make sure you have the economic damages you deserve. These damages cover the financial losses you’ve suffered, which can be calculated by adding up the expenses you’ve accumulated. Your lawyer will also find the future costs, if, for example, you’ll need to return to the hospital for treatment or other care. These damages include any of the following:
Your non-economic damages, however, aren’t so simple. These damages cover the emotional and mental losses you’ve suffered because of the accident, which can also impact your life. Unfortunately, they’re also intangible, which means you can’t effectively calculate these on your own. Instead, speak to your lawyer about the worth of the following damages, among others:
Dealing with a personal injury claim is difficult, and if you’re not careful, your claim could be dismissed. You are already dealing with enough after a vehicle accident or other injury-causing accident, and worrying about the legal side of things is stress you don’t need. If you’re struggling to recover, you need a lawyer from HawkLaw, P.A. to help you fight back and get the full compensation you deserve.
If you need help and you’re not sure where to start, reach out to our Greenville personal injury attorneys. Our free consults* can help you understand what your claim needs and why our lawyers can help most. We can help you get your bearings and get started as soon as possible. We often work on a contingency fee basis for personal injury claims, which means you don’t pay unless we win*.
We proudly serve much of Upstate South Carolina, including Anderson, Columbia, Laurens, and Pickens from our Greenville law office.
Ready to get going on your claim? Reach out to a Greenville personal injury lawyer. Take advantage of our free consultations* by calling our firm at 888.HAWK.LAW (429-5529) or by filling out the online form below.
Disclaimer: None of the information presented on this page is a substitute for legal representation from a qualified law firm. It should not be taken as legal advice.
"*" indicates required fields