Mt. Pleasant Personal Injury Attorneys

You probably have questions if you suffered an injury caused by the negligent or deliberate behavior of another person. Too often, victims do not know where to turn for answers. We have compiled a list of frequently asked questions about personal injury cases in the Mt. Pleasant area to help ensure victims have accurate information.

Remember, in all personal injury cases, preserve your rights. The best way to do this is to contact an experienced personal injury lawyer to make sure you understand your rights and the steps you can take to get a settlement for your injuries.

You can file a personal injury claim anytime you suffer an injury because of another person’s action or inaction. Some of the most common claims include:

• Auto, motorcycle, and truck accidents – When a roadway accident injures someone because of the careless actions of another driver, they can file a personal injury claim.
• Assisted living and nursing home injuries – If your loved one suffered an injury due to negligent care, or deliberate action by someone in a care facility, you can file a personal injury claim on their behalf.
• Premises liability cases – When someone enters a building for any legal purpose, the facility owner must ensure their safety. When they fail and injure someone, a basis for filing a personal injury claim usually exists.
• Slip and fall injuries – When you fall on someone’s property because they failed to properly maintain the facility, you could file a personal injury claim to obtain compensation for your injury.
• Workers’ compensation claims – If you suffered a workplace injury and need help with a workers’ compensation claim, or must hold a third party liable for the injury you sustained, call us.

These are some of the areas that personal injury claims cover. Remember, if you lost a loved one in any accident that a negligent or deliberate act caused, you can file a wrongful death claim.

Yes. In addition to ensuring you have the contact information for any witnesses, and anyone responsible for your injury, you must get medical attention. Even if you think your injuries are minor, or you “feel fine,” this is to protect you. Your body has a natural reaction to fear, which is common after a car accident or a fall, so you may not notice any injuries.

Once you have had medical attention, speak with our personal injury lawyers so you understand your legal rights and options. You do not want to do anything that will jeopardize your legal standing. This includes making recorded statements to insurance companies, discussing your accident on social media, or signing documents without legal review.

Every case is different. Each person’s injuries are unique to them. Remember, while two people may suffer a broken leg, the time they need to heal is different based on their age, their physical condition, and other factors. Therefore, trying to estimate the value of a case without a full understanding of the injuries a victim sustained is impossible.

Yes. The majority of personal injury claims contain the same categories of damages. They generally include:

• Medical costs due to the injury – Victims may have health insurance that does not cover all of their out-of-pocket medical costs. This may include tests, prescription medication, in-hospital care, follow-up visits, and may even include transportation to and from visits to doctors. If you require future care, your legal team may also include future estimated medical costs.
• Lost wages and benefits – When you must recover from an injury and can’t work, your income will diminish. You may also have to use banked time such as personal days or vacation time while you wait for disability benefits. You can include these losses in your personal injury claim, along with other lost benefits. If your injury means you can’t work at your normal job, you may also include estimated future lost wages.
• Unexpected expenses – In some cases, a victim may need to change the structure of their home to accommodate their injury. These modifications are costly, and you should include them in a personal injury claim.

Keep in mind, as we previously stated, every injury is different. Claims vary depending on the injury and the normal expenses associated with it. Your personal injury lawyer can file a complete claim for you.

This is another question with no easy answer. It depends on who is involved. In truck accidents or medical malpractice cases, more than one party may bear liability for your injury. When more than one party is involved, the claims grow more complicated.

An insurance company is likely to make an initial settlement offer after you file a claim. Often, the amount of the settlement is well below what is acceptable. The negotiation portion of your claim begins once the insurer has made the initial offer. In some cases, insurers will negotiate in good faith, while in others they will minimize your claim.

If an insurer is unwilling to negotiate, then the matter may have to go to trial. Cases that go to court usually take longer.

Yes. Insurance company adjusters can easily take advantage of personal injury victims. An adjuster works for the insurance company, and their job is to help the insurer pay as little as possible for your claim. They do not want you to get a lawyer even though they have a team of legal experts helping them.

Your attorney can also help you in other ways including

• through:
• Investigation – You may not know where to start investigating who is liable for your injuries, but an experienced lawyer will know what steps to take.
• Preserving evidence – You may need to preserve traffic or surveillance videos that recorded the incident. An attorney with experience investigating these cases will know who to issue demands to for the preservation of evidence.
• Interviewing witnesses – An attorney can interview witnesses under oath to strengthen your case. This can reveal crucial details you may not be aware of regarding the accident.
• Negotiation strength – An insurance company knows a lawyer who understands the laws and the normal process for personal injury claims is less likely to put up with unnecessary delays than a victim might. They also know that they typically cannot get away with making unreasonably low offers to settle if there is an attorney involved.

These are a few reasons why it makes sense for you to hire an experienced lawyer with a proven history of getting results for their clients. While past successes do not always guarantee future success, you can feel confident those successes did not happen by mistake.

While it is always a good idea to file a claim as early as possible, residents of South Carolina have three years to file an accident injury claim. This is explained more thoroughly in S.C. Code Ann. section 15-3-530. Remember, while three years sounds like a long time, it could take months before you know the extent of your medical treatment and your financial losses. That is why you must seek legal advice early on—an attorney can ensure you do not miss any important deadlines and properly file your claim.

First, a victim should be aware that nearly all personal injury claims settle out of court. Most insurance companies do not wish to invest time or money in a long, drawn-out battle over an injury.

If the insurer’s client caused your injury, they have a vested interest in resolving your claim and putting the matter to rest.

However, in those rare cases where negotiations come to a standstill, then the process would look like this:

• Pre-Suit Investigation and Litigation – If the attorney can’t secure an acceptable settlement from the insurance company, then you may file a lawsuit.
• Filing the Summons and Complaint – We use the South Carolina Rules of Civil Procedure. These rules govern how to file the suit and serve notice to each defendant. Any error in this paperwork can result in the court dismissing a claim.
• Discovery – This is the process used to gather information. Both plaintiff and defendant in a personal injury case share information, conduct depositions, and obtain as much information as possible to validate their positions.
• Mediation – Most South Carolina counties require assisted negotiation within one year of filing a lawsuit. This process uses a third-party lawyer who may help settle the claim outside of court.
• Trial – if there is no acceptable result from mediation, the case would then go to court and be presented to a jury.

Working with an attorney is typically your best option to help ensure a smooth claims process. Any errors could invalidate your claim and force you to start from the beginning.

No. The notion that clients lose control over settlements is a myth that those who do not understand the role of an attorney in the personal injury claims process may perpetuate. Sometimes, corporate lawyers for insurance companies will tell you that to get you to forego a lawyer.

The fact is, the role of a personal injury lawyer is one of a fiduciary. This means they must act in the best interest of their clients at all times.

Anytime the insurance company makes a settlement offer, your attorney must present it to you whether they agree with the amount or not. They can advise you of the pros and cons of accepting an offer, but ultimately, the decision to accept a settlement offer or challenge it remains in your control at all times.