When should I consider a personal injury lawsuit?
Experienced SC Personal Injury Attorneys
You have the right to pursue compensation after suffering an injury caused by someone else’s negligence. How you recover the compensation may ultimately be up to you so it is important to carefully consider your options. If you are considering filing a lawsuit in South Carolina, there are several factors you should consider beforehand. One of the most important factors is whether you have discussed your situation with a reputable, licensed attorney
The personal injury lawyers at Shelton Law Firm, Hilton Head Island, South Carolina offer a free consultation to discuss the facts of your claim and see what legal options may be available to you when pursuing compensation.
DO YOU HAVE A STRONG CASE?
Establishing the validity of a claim is one matter, but to ultimately win in court, your attorney must convince a jury that you suffered damages due to the negligence of the liable party. Keep in mind, the burden of proof in an injury claim falls on the victim. During our consultation, we will discuss the strength of your claim in further detail. There are several factors that must be proven to establish “negligence” and convince a jury:
Duty
The liable party had a duty of care to you to prevent an accident.
The plaintiff (the injured party) must prove that the defendant (the allegedly at-fault party) owed them a duty of care. A duty of care arises when the law recognizes a relationship between the plaintiff and defendant requiring the defendant to exercise a certain standard of care to avoid harming the plaintiff.
Breach
The liable party breached that duty of care by causing an accident.
The plaintiff must prove that their injury was caused by the defendant’s breach of the standard of care.
Causation
The accident caused by the liable party directly resulted in your injuries and damages.
The plaintiff must prove that their injury was caused by the defendant’s breach of the standard of care.
Have you tried Negotiating?
Many people think you must go through the court system to recover compensation after an accident caused by someone else’s negligence. However, a very small percentage of cases ever make it to court. While a lawsuit may sometimes be necessary, there are alternative dispute resolutions like mediation and arbitration.
It is important to note that most injury claims do not even make it to these processes either. Many claims may be negotiated directly with the liable insurance company. The attorneys at Shelton Law Firm are prepared to help negotiate with the insurance company on your behalf and may be able to help maximize your compensation. When the insurance company is refusing to negotiate, it may be necessary to file a lawsuit.
Will you be able to collect damages?
If you are unable to successfully negotiate a settlement or resolve the dispute in another way that does not involve going to court, it may be time to file a lawsuit. However, it is important that you consider whether you will be able to collect on the damages awarded to you at trial. While most personal injury cases are paid out by an insurance company, the insured may not have liability limits that cover the full extent of your damages. If there is not enough insurance, you may be able to collect from the person’s assets, if any exists, which may make the lawsuit more complicated. Many insurance companies ultimately agree to pay when an injury victim threatens a lawsuit, especially when liability is clear.
What is the statute of limitations for a personal injury lawsuit in South Carolina?
When considering a personal injury lawsuit in South Carolina, it is important to know that our state has a statute of limitations for personal injury lawsuits. A statute of limitations is the time limit for filing your lawsuit and, in South Carolina, the time limit is three years. If you do not file a personal injury claim within three years, you give up your right to do so. The statute of limitations begins when a person knew or should have known, that they suffered harm.
“A statute of limitations is the time limit for filing your lawsuit. In South Carolina, the time limit is three years. ”
What is “shared fault” in South Carolina?
In some personal injury cases, the person you are filing a claim against argues that you are to blame for the incident that led to your injuries. If it is determined that you do share some degree of liability, it may affect the total amount of compensation received from any other at-fault parties. In shared fault injury cases, South Carolina follows a “modified comparative negligence” rule. Modified comparative negligence determines the amount of compensation you are entitled to but it will be reduced by an amount that is equal to your percentage of fault. If it is determined that you bear more than 50% of the blame, you cannot collect anything from other at-fault parties.
Next Steps for Seeking Counsel for my Personal Injury
At The Shelton Law Firm, you will find attorneys with experience handling business law matters for people in state-wide South Carolina, Hilton Head, and surrounding Lowcountry. We are passionate about using our experience to help you achieve your goals during this difficult time in your life. Call 843.802.0087 to schedule a consultation.