Every year hundreds of individuals suffer injuries to preventable accidents. This could include automobile crashes, animal bites, dangerous medications, or even unsafe property. No matter the type of personal injury you fell victim to, you have legal rights and options.
If you or a loved one suffered a serious injury due to the negligence of another, you should schedule a consultation with a Hampton personal injury lawyer. You may be eligible to seek compensation for your injuries with assistance from a qualified attorney.
Types of Personal Injury Claims
A personal injury lawsuit is a claim based on injury to a person’s body, instead of damage to their property or reputation. When an individual suffers physical harm due to an accident, they can hire a Hampton personal injury attorney to help them seek compensation for their damages.
Common sources of personal injury cases in South Carolina include:
Resolving a Personal Injury Case in Hampton
Personal injury cases can be resolved with a court trial or a private settlement. Sometimes resolution may involve mediation or arbitration, and many personal injury cases settle out of court through one or more of these processes before going to trial.
Settlements are reached through negotiations involving the plaintiff and defendant, their legal counsel, and their insurers. If a settlement is reached, all parties involved typically sign an agreement stating that they forgo the right to any future legal action in lieu of the settlement.
If a settlement cannot be reached, a formal lawsuit and trial may ensue. The plaintiff would file a complaint in court against the person or entity that caused their injury, alleging that the defendant acted without reasonable care in a manner which led to the plaintiff’s injuries.
Requirements for a Successful Case
To successfully win a personal injury case, a plaintiff—or the personal injury lawyer in Hampton representing them—must prove the defendant’s negligence. In practice, this means they must show that the defendant owed them a duty of care and that this duty was breached. For example, property owners have a duty of care to maintain a safe premise, drivers are required to drive safely and in accordance with the law, and doctors must follow the standard of care for their area of practice.
Additionally, the plaintiff must prove that they suffered compensable injuries and damages as a direct result of that breach of duty. If successful, a plaintiff’s recoverable damages could include medical expenses, lost wages, loss of enjoyment of life, pain, and suffering and much more.
The Statute of Limitations
The statute of limitations sets a legal deadline for filing a civil lawsuit. According to South Carolina Code §15-3-530, an injured party must file a claim within three years of the date of injury or the date they knew or reasonably should have known of the injury. The plaintiff may become ineligible for compensation if they do not file their claim within the three-year deadline.
Get Help from a Hampton Personal Injury Attorney
Besides severe physical injuries, individuals could also sustain serious emotional and financial hardships due to an accident. Fortunately, South Carolina law allows injured people to seek compensation from the party responsible for their injuries to cover expenses such as medical bills, lost income, mental anguish, and more.
Let an experienced Hampton personal injury lawyer help you seek compensation if another person, business, or entity caused your injuries. Call today to learn about your legal options and get started on your claim.