South Carolina personal injury law encompasses a wide variety of accidents that can occur as a result of someone else’s carelessness or negligence. Personal injury cases may involve car and truck accidents, defective products, slip and falls, and premises liability.
When someone acts in a reckless or careless manner and causes injury to another person, they can legally be on the line for damages. Insurance companies and their lawyers who regularly represent these individuals are not in the business of compensating you for your injuries. Instead, they will do everything they can to try and “poke holes” in your case and reduce its value.
The South Carolina personal injury lawyers at the Hughey Law Firm regularly take on the big insurance companies and represent injured accident victims during settlement negotiations and at jury trials. Our experienced lawyers can aggressively advocate for you at the negotiation table or in the courtroom to help you achieve the settlement or jury verdict you deserve.
When it comes to South Carolina personal injury cases, timing is extremely important. The most important time period in a personal injury case is the statute of limitations deadline. Under South Carolina law, a claim or lawsuit seeking damages for personal injuries must be filed within three (3) years of the date of the accident (i.e. the date on which you sustained your injuries). This time period may be even shorter if the defendant in your personal injury case is a governmental entity or state agency.
If you miss these deadlines and fail to file a claim or lawsuit within the appropriate time period, you will never be able to seek monetary compensation for your injuries. Consequently, it is extremely important that you seek legal representation as soon as possible after sustaining injuries in your accident. The lawyers at the Hughey Law Firm can ensure that any claim or lawsuit is filed within the statutory period.
South Carolina personal injury claims and lawsuits cover a wide variety of accidents. Some of the most common bases for filing a personal injury claim in South Carolina include:
In order to prove negligence in a personal injury case, the accident victim must be able to demonstrate four legal elements. First, the accident victim must be able to show that the at-fault person or entity owed a legal duty of care. In most cases, this means that the at-fault party was supposed to act as a “reasonable person” under ordinary circumstances.
Secondly, the accident victim must be able to show that the at-fault person violated the duty of care. This means that the at-fault party acted did something that was unreasonable or failed to do something that a reasonable person would have done under the circumstances.
Thirdly, the accident victim must demonstrate both factual and legal causation. In other words, the accident must not have occurred without the at-fault party’s negligence, and the accident was the foreseeable cause of the injuries and damages sustained.
Finally, the accident victim must be able to show that he or she suffered injuries and damages as a result of the accident, or that the accident exacerbated a preexisting injury or medical condition. The South Carolina personal injury lawyers at the Hughey Law Firm can help you prove all of the elements of your personal injury case, in order to put you in the best position to recover damages.
Injuries sustained in personal injury accident cases can be debilitating, and in some cases, permanent. Under South Carolina law, individuals who are injured by the negligence of others are entitled to compensation for the economic and non-economic damages they sustain as a result of the accident. Common damages sought in personal injury cases include, but are not limited to:
In a personal injury case, the at-fault party’s insurance company will try and undermine your available damages. For example, the insurance company may try to claim that you were injured before the accident or that you were not injured to the extent you may be claiming. A personal injury lawyer can be helpful in gathering and presenting evidence of your losses, ensuring that you obtain the compensation you deserve.
Personal injury law can be confusing and proving fault and damages in your case can be overwhelming. Proving the elements of your case may also require expert testimony from a medical provider, economist, or vocational rehabilitation expert. The lawyers at the Hughey Law Firm have the experience to litigate your personal injury case to a conclusion and help you get the best possible result.
To schedule a free consultation and case evaluation with a South Carolina personal injury lawyer, please call us today at (843) 881-8644, or contact us online.
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