Suffering a personal injury is something that most of us may experience at some point in our lives. The simple fact is that a moment of inattentiveness could result in injuries that have a momentous effect on our health and finances. Oftentimes, these injuries are unavoidable.
However, if another party is responsible for the incident that results in your losses, you have the ability to demand compensation. This could include compensation for any medical bills, economic damages, and even emotional trauma.
A Charleston personal injury lawyer may be able to help you to collect these payments. They could handle every stage of your claim from the initial gathering of evidence, to filing claims against at-fault defendants, to pressing your rights in settlement talks and court.
Common Sources Of Personal Injuries
Most personal injuries are the result of accidents. In these cases, a defendant does not intend to cause any harm, but through their carelessness or recklessness, a harm does occur. These accidents could happen in any situation where a defendant has a duty to provide protection to others. Typical examples include:
- Car, truck, motorcycle, or pedestrian accidents
- Slips and falls or other examples of defective land claims
- Medical malpractice claims where a doctor’s care falls below the acceptable standard
Other personal injuries are the result of intentional actions. Incidents such as assaults, sexual attacks, kidnappings, and homicides could also give rise to personal injury claims. In all these examples, any civil claim for damages is separate from a criminal case brought by the State. A Charleston personal injury lawyer could help to identify the legal cause of action to bring a claim for damages against a defendant.
What A Plaintiff Needs To Prove
In general, a plaintiff always bears the burden of proof to demonstrate that a defendant is liable for an action that results in an injury. In most of these cases that center around accidents, this means proving that a defendant was negligent.
A defendant is negligent when they have a duty to provide protection but fail to uphold this duty. For instance, property owners have a duty to keep their land safe for invited guests.
However, most accident cases are a balancing act between the actions of the defendant and the plaintiff. Charleston courts use a legal concept called modified comparative negligence to assign fault in accident cases. Under SC Code §15-38-10, courts would reduce a plaintiff’s recovery if they share responsibility for the accident. Making matters worse, if a plaintiff is more than 50 percent to blame, that plaintiff cannot recover any compensation. A Charleston personal injury lawyer could help to both demonstrate defendant fault and protect plaintiffs against allegations of contributory negligence.
A Charleston Personal Injury Lawyer May Be Able To Help You
The actions of another party that causes your injuries may be cause for demanding compensation. This could include all payments needed to make you whole again. Normally, this can involve compensation for medical bills, lost earnings, and mental anguish.
Of course, you could only demand this compensation if you prove that another party is responsible for your injuries. Usually, this involves proving that another party was at fault for an accident. However, many valid claims also center around intentional acts of crime that cause personal injuries.
No matter how your injuries occurred, a Charleston personal injury lawyer could help you. They could work to investigate the incident, identify all possible defendants, evaluate the evidence in your case, and make claims for every dollar of compensation to which you are entitled. State law says that most plaintiffs in personal injury cases have only three years to demand payment. Contact a Charleston personal injury lawyer today to maximize your chances for success.
