According to South Carolina law, personal injury includes “bodily injuries, mental distress or suffering, loss of wages, loss of services, loss of consortium, wrongful death, survival, and other noneconomic damages and actual economic damages.”
After you’ve suffered injuries from an accident, it can be extremely stressful to think about taking legal action. Once you understand the steps to take and determine if you have a case, it can be easier to navigate the process.
Do I Have a Personal Injury Lawsuit?
A personal injury lawsuit can involve injuries from many events including but not limited to all types of vehicle accidents, medical malpractice, premises liability, product liability, drownings, explosions, slip and falls, and work accidents.
In order for your personal injury case to uphold in court, you need to be able to prove the following elements:
- Duty: Prove that the liable party had a duty to uphold to the wronged party.
- Breach: Prove that there was a breach in this duty.
- Causation: Prove that the liable party’s actions caused the injury or damage to the wronged party
- Damages: Prove that the wronged party has suffered from injuries or damages
If your situation can pass this test, you likely have a personal injury case. It is extremely important to have the evidence that the liable party caused your injury. A personal injury attorney can help you determine how to proceed with your case and guide you each step of the way.
Do I Need to Hire a Lawyer?
An experienced attorney can help guide you through the complicated process of filing a personal injury claim in South Carolina. It can be extremely beneficial to have someone on your side that is well versed in all laws so that you don’t make errors in your case. It is also important to choose a lawyer that holds the same values and priorities as you. The attorneys at Mickelsen Dalton LLC prioritize four main goals: truth, justics, accountability, and equal access.
How to Prepare for a Personal Injury Claim
In addition to finding the right personal injury attorney for you, it is also crucial that you gather all evidence related to your case. For example, if you have suffered injuries from a car accident, it is important that you have pictures or police documents from the scene of the crime documenting damage.
You also should be careful about doing anything that could damage your potential settlement. This can include talking about your case outside court, which should not be done because what you say can be used against you.
Time Limits on Personal Injury Cases in South Carolina
In South Carolina, the statute of limitations for personal injury cases is three years. This means you have three years to file your claim, and failure to do so could mean missing out on a settlement entirely. This is why it is extremely important to get in touch with a lawyer after an accident because they can help ensure you win the settlement you deserve.
Who is Liable in a South Carolina Personal Injury Case?
Depending on the circumstances of your injury, the liable party could be an individual or an organization. With sufficient evidence, an attorney can help you determine who is liable for your injuries or damages so that you can properly proceed with your claim.