Everything You Need to Know About a Personal Injury Claim

Life can be unpredictable, and accidents can be uncertain. But when you face an accident resulting in injuries, you must look for your options. In South Carolina, personal injury law exists to help those who have been hurt due to someone else’s negligence.

Accidents are more common than we think. According to a report by TRIP, a National Transportation Research Non-Profit, the number of traffic fatalities in South Carolina has increased by 8% from 2019 to 2022. The Bureau of Labor Statistics, 2022, reported that there were 92 fatal work injuries in the state.

What is a Personal Injury Claim?

To define it in simple terms, a personal injury claim is a legal action you take to recover compensation for damages caused by the negligence or recklessness of another person or entity. This compensation can cover medical expenses, lost wages, pain and suffering, and other damages you’ve faced due to an accident you didn’t cause. You can file a claim by hiring a personal injury lawyer in South Carolina to handle this better.

You are basically holding the at-fault party accountable and getting the financial resources you need to move ahead in life, all with the help of a South Carolina personal injury lawyer.

However, negligence has to be proven. This means you need to show that the other party owed you a duty of care, breached that duty and their breach directly caused your injury. For example, if you trip and fall on a broken sidewalk due to the city’s negligence to repair it, you can file a personal injury claim against the city.

To have a valid claim, you need to prove four important elements:

Duty: The other party owed you a duty of care. For example, drivers must operate their vehicles safely.
Breach: The other party breached that duty by acting negligently or recklessly. It could be speeding, running a red light, or driving under the influence.
Causation: The other party’s breach directly caused your injuries.
Damages: You suffered actual losses due to your injuries, such as medical bills, lost wages, or pain and suffering.

South Carolina follows a comparative negligence system. This means that the amount of compensation you receive may be reduced if you’re found to be partially at fault for the accident. For example, if you were speeding slightly when the other driver ran the red light, your compensation can be reduced by a percentage, reflecting your contribution to the accident.

Types of Personal Injury Cases

Personal injury claims can cover different situations. Some common examples are:

Car accidents
Slip and fall
Dog bites
Medical malpractices
Workplace injuries

Car accidents are a leading cause of injuries in the state. If a negligent driver hits you, you can claim compensation. Also, property owners have a responsibility to keep their premises safe. You might have a claim if you slip and fall due to a hazard they knew about or should have known about.

Dog owners are liable for their pets’ actions. If you’re bitten by a dog, you can file a claim against the owner. However, South Carolina has a one-bite rule, which means dog owners are generally not liable for the first bite their dog inflicts on someone.

But if the owner knew or should have known the dog was vicious, they may be held responsible for subsequent bites. Medical professionals should always provide competent care. You can file a medical malpractice claim if a doctor’s negligence causes you harm.

If you’re injured on the job due to something other than your own negligence, you could be qualified for workers’ compensation benefits. However, in some cases, you might also have a third-party claim against someone other than your employer, such as the manufacturer of a defective product.

What Damages You Can Recover?

If you can prove the elements of negligence mentioned above, you could have the right to recover various damages in your personal injury claim. These damages can be categorized into two main types:

Economic damages
Non-economic damages

1. Economic Damages

These are out-of-pocket expenses you carry due to your injury. They are usually easier to calculate and document with receipts and bills.

Some common types of economic damages are:

Medical expenses: Including all past, present, and future medical costs that come with your injury, like doctor visits, hospital stays, surgery, medication, rehabilitation, therapy, and assistive devices.
Lost income: If your injury prevents you from working or limits your earning capacity. You can recover compensation for present and future lost income.
Property damage: If your personal property was damaged in the accident. For example, if your car was damaged in a collision, you can get compensation for repairs or replacements.
Out-of-pocket expenses: These include things like transportation costs to medical appointments, household help if you’re unable to perform daily tasks due to your injury, and other miscellaneous costs related to your recovery.

2. Non-Economic Damages

These are intangible losses that affect your quality of life due to your injuries. They can be more challenging but are still recoverable. Examples are:

The physical pain and discomfort you experience due to your injuries. This could also be emotional distress, anxiety, or depression caused by the accident.
The loss of companionship, affection, intimacy, or assistance from your spouse or close family member due to your injuries.
If your injuries prevent you from participating in activities you once enjoyed, you may be able to recover compensation.
If your injuries leave permanent scars or disfigurement, you can get compensation for the emotional distress and loss of self-esteem caused by these physical changes.

How Much Compensation Can You Expect?

There’s no standard answer to this question. The compensation amount you receive completely depends on several factors, including:

The severity of your injury. More severe injuries with long-term consequences have greater chances of receiving higher compensation.
The amount of medical bills you have to carry. The more medical treatment you require, the higher your economic damages will be.
The impact on your earning capacity. Lost wages and future earning potential impact your claim’s value.
The strength of your case. A clear negligence case with documented evidence will strengthen your claim and increase compensation.
Whether you are also at fault for the accident, if you are, the compensation might be reduced.

What Evidence You Should Keep

The success of your case depends on strong evidence. To prove negligence and the extent of your damages, you’ll need to gather documentation such as:

Medical records to document the nature and severity of your injuries and the treatment you received.
If your accident was a car crash or another incident where a report was filed, obtain a copy of the report.
If anyone saw the accident happen, get their written statements about what they witnessed.
Take pictures of the accident scene, your injuries, and any damaged property.
Keep all the receipts for medical bills, lost income, and other expenses related to your injury.

When to Ask for Legal Help?

Handling the legalities of personal injury claims can be confusing for many people. But if you think you can do it yourself, consider these situations when you might need a professional to help you handle them.

Your injuries are serious. If you have severe injuries and require medical treatment, or if you have a long-term disability, a lawyer can guide you through the hectic process and fight for the right amount of compensation you deserve.
The insurance company is uncooperative. If the insurance company is denying your claim or offering a low amount for settlement, a lawyer can negotiate on your behalf and make sure you get a fair amount.
Liability is unclear. In some cases, determining who is at fault can be difficult. A lawyer can investigate the accident and gather evidence to establish liability and protect you.

There are time limits for filing a personal injury claim. The statute of limitations is generally three years from the date of injury. So, don’t wait too long to get legal counsel. The sooner you act, the better your chances of successfully recovering compensation. Schedule consultations with a few attorneys and ask questions about their experience, fees, and approach to your case when choosing a lawyer.

What to Expect After Filing a Claim?

The personal injury claim process can take time. However, understanding the steps can help you manage your expectations. Here’s a step-by-step guide:

Step 1: You’ll meet with a personal injury attorney to discuss your case and determine if you have a valid claim.

Step 2: Your attorney will gather evidence to support your claim. This may include obtaining medical records, police reports, witness statements, and expert opinions.

Step 3: Your attorney will prepare a demand package outlining your injuries, damages, and the compensation you are seeking. This will be sent to the at-fault party’s insurance company.

Step 4: Negotiations with the insurance company will happen. This process can take some time, and your attorney will work to secure a fair settlement on your behalf.

Step 5: In most cases, a settlement can be reached before going to court. However, if a fair settlement cannot be reached, your attorney will file a lawsuit and represent you in court.

Final Words

Being injured in an accident can be a physically and emotionally challenging experience. But if you have been injured due to someone else’s negligence, get legal counsel. A lawyer can help you handle the legal process smoothly, fight for the right compensation, and protect your rights. An experienced lawyer can provide guidance, support, and representation throughout your claim process.