A personal injury can completely disrupt your life and leave lasting effects. When you are suffering from harm that could have been prevented, there is no way to turn back the clock, but you may be entitled to recover money for expenses as well as compensation for pain, suffering and the emotional distress caused by the negligence of another.
But to protect your rights, it is crucial to contact a Mt. Pleasant personal injury lawyer as soon as possible. Before you make statements to others or sign paperwork from insurance companies, consult with a knowledgeable personal injury attorney to learn about your rights and the best way to proceed. En Español.
How Does One Prove Liability in a Personal Injury Case?
Although an incident that causes an injury is often called an “accident,” the actions taken by the parties in the time leading up to the accident made that incident more or less likely to occur. When one or more parties acts recklessly or fails to exercise the care that they should have, then they can be found liable for the consequences of the incident.
If the injured party is partially held responsible, that party may still be entitled to recover damages from the other parties involved, but the award will be decreased by an amount corresponding to the injured party’s liability.
This is known as the comparative negligence rule. South Carolina follows a modified version of this rule which provides that if the injured party is more than 50% to blame for the incident causing the injury, that party will not be entitled to recover damages.
Types of Claims and Damages
Courts can award money to compensate an injured party for expenses and costs as well as intangible effects such as pain, suffering, and emotional distress.
Examples of damages Mount Pleasant personal injury attorneys have seen awarded could include money for past and future medical expenses, lost wages, and money to compensate for the changes in lifestyle such as home modifications needed for a disability or compensation for loss of enjoyment of activities.
Personal injury claims in Mount Pleasant can stem from a variety of incidents such as:
- Use of defective products or drugs
- Car, motorcycle, or bicycle accidents
- Medical malpractice
- Nursing home neglect
- Slip and falls
What is the Statute of Limitations?
The statute of limitations in South Carolina limits the time which an injured party has to file a personal injury lawsuit. Generally, the claim must be filed within three years of the time of the incident which caused the harm.
Other limitations may come into play regarding the amount that can be awarded for certain types of damages or in claims against certain government entities. For instance, awards for pain and suffering in most medical malpractice cases are capped by law.
Role of a Mount Pleasant Personal Injury Attorney
An attorney with experience in personal injury claims in Mount Pleasant will know how the circumstances of your case fit with the local laws and they will know the steps to take to work toward the best recovery.
A Mount Pleasant personal injury lawyer will advocate for you and work with you through the whole process, providing guidance each step of the way.