An accident can leave you with more than just serious injuries—many accident victims suffer emotional trauma and crushing financial pressure, too. If someone else caused your accident, reach out to a South Carolina injury lawyer for help recovering compensation.
We never seem to expect an accident until it’s too late to avoid. Sometimes, it’s because we weren’t careful enough to avoid it. But this isn’t always the case. Often, we’re injured because someone else was careless with our safety and caused a serious accident.
It’s unfortunate, but it happens every day. When it does happen, you may already know that you’ll need compensation, but how do you get it? When insurance doesn’t apply or won’t offer a fair settlement, filing a personal injury claim may be your route to fair compensation. Unfortunately, without legal guidance and representation, it’s possible to lose some or all of the compensation you’re owed.
Don’t let this happen to you. A South Carolina personal injury lawyer from HawkLaw, PA can fight for you to make sure you get the full compensation you deserve after a serious injury. Get started today by scheduling a free consultation with us.
Personal Injury Claims in South Carolina
First, what is a personal injury? These are injuries that you likely wouldn’t have suffered if another person had been careful to avoid harming you. This covers a wide range of injuries, so we’ll need to get more specific as we handle your case.
Each type of injury comes with complex rules that will affect a resulting personal injury claim. While there are some broader laws that will affect any type of injury claim, our South Carolina personal injury attorneys will need to examine all the statutes that could have an effect on your unique case.
Unsure of where your claim falls on the personal injury spectrum? The following list describes some of the more common types of personal injury claims we see:
Motor Vehicle Accidents – A crash can be devastating. A vehicle traveling at high speeds can do immense damage. When a collision involving a car, motorcycle, or truck injures you, you may need help communicating with your insurance company to get the settlement you need. If insurance is not willing to help you, you may need to take your claim into the courtroom.
Premises Liability – When a property owner doesn’t maintain the safety of a building or property, you could be seriously injured. You’ll need to determine who’s at fault and how to recover compensation after property accidents like slip-and-falls, electrical injuries, and others.
Work Accidents – While workers compensation benefits should cover most work accidents, you might have suffered an on-the-job injury that your employer isn’t responsible for or that falls outside the scope of workers comp. A lawyer can help you get the compensation you need.
Medical Malpractice – We trust our doctors with our health and safety, but medical professionals don’t always take care to protect us. Fighting for compensation from a doctor can be especially difficult, but a qualified lawyer can fight for you.
Dog Attacks – While we love our furry friends, dog bites do happen, and they can be serious. When someone’s dog bites you without provocation, you deserve compensation to cover your expenses and trauma.
Compensation for South Carolina Injury Victims
As we determine your claim type and who might be at fault for your injuries, we’ll also work to win you the compensation you deserve. This compensation should cover all the suffering—financial and otherwise—that you’ve endured because of your injury.
You’ll more than likely suffer several types of damages after being injured in South Carolina, which we have detailed below.
Economic Damages From Your Injury
The easiest damages to calculate the value of will be your economic damages. This category includes the financial losses you’ve suffered because of your accident—both current and future. Include your medical expenses, lost wages, any property damage, and any other economic costs tied to your injuries. These damages are usually determined by adding the costs together and estimating future expenses.
SC Personal Injury Non-Economic Damages
Non-economic damages are more complicated. These are the emotional, physical, and mental hardships you’ve suffered because of the injury. These are intangible losses that don’t come with a clear price tag. This category might include damages like pain and suffering, mental anguish, disfigurement, and loss of consortium.
Because you may have trouble calculating your intangible damages, it’s helpful to speak with a lawyer before you begin. These damages will depend on the amount of suffering you’ve experienced, which can be difficult to determine without legal guidance. Our attorneys have the resources and tools you’ll need to get an accurate picture of the compensation you’re owed.
Punitive Damages Attorneys
If the person who injured you meant to harm you, or if his or her actions were especially reckless, you may be entitled to more than the damages described above. While those damages are meant to compensate you for the hardships you’ve experienced, punitive damages (also called exemplary damages) are intended to punish the wrongdoer for his or her actions.
This serves two purposes. It financially punishes the at-fault party for acting carelessly. It’s also intended to prevent similar actions by others, who might not realize that the consequences for their actions can be especially serious.
But punitive damages aren’t easy to obtain. You’ll need to prove that the at-fault party’s actions were wanton, willful, or reckless, which isn’t easy to do without help. You’ll also need to keep in mind that there is a cap on punitive damages. Still, a personal injury lawyer in South Carolina can help you maximize your compensation—no matter your situation.
How South Carolina Law Will Affect Your Injury Claim
While every claim is different and your attorney will need to keep all relevant South Carolina laws in mind, nearly all personal injury claims will be affected by two basic laws: the statute of limitations and comparative negligence.
The statute of limitations limits the amount of time you have to file your claim. In South Carolina, you’ll only have three years to file your claim. If you miss this deadline, you could lose your chance at compensation because the courts will likely refuse to hear your case.
Once you file your claim, you’re still not guaranteed the full compensation you need. South Carolina recognizes modified comparative negligence. This means that, if you’re found to hold some of the blame for your injuries, your compensation will be reduced by that percentage. For example, if you’re found to be 20 percent at fault, you’ll receive only 80 percent of the awarded compensation.
Being found to hold more than 51 percent of the fault means you won’t be eligible for compensation. But having any blame pointed at you can hurt your claim. You need full compensation for your damages, after all. You can protect your claim by having your attorney fight back against any accusations of negligence on your part.
Call a South Carolina Personal Injury Attorney
After a serious accident, you’re dealing with injuries, pain, suffering, and costly repairs and other bills. When can you focus on your claim for compensation with all of this on your mind? Without help, it’s tough to get the full compensation you deserve.
Fortunately, you don’t have to fight back alone. Your attorney from HawkLaw, PA can guide you through the laws you’ll need to know and how to get the compensation you need, starting with a free consultation.
Not sure where to start on your claim? A South Carolina personal injury lawyer can help. Get your claim started by calling us at 1-888-HAWK-LAW (429-5529) or by filling out the online contact form at the bottom of the page.
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