If you have been the victim of a personal injury whether due to an accident at work, road traffic accident, or any accidental injury, you may be entitled to seek financial reimbursement for damages and/or losses suffered. If you or a loved one are in this position, you should reach out to our Laurens personal injury lawyers at Ayers, Smithdeal & Bettis.
Even if you’re unsure whether you’ve got a valid claim or not, you can book a consultation with our skilled Laurens personal injury attorneys to talk over your situation and the legal options available for you. We provide a non-obligatory free of charge initial consultation to all your clients.
With more than 25 years of experience dealing with personal injury cases, Ayers, Smithdeal & Bettis, P.C. Attorneys at Law can help you navigate the murky legal waters and ensure you are reimbursed for your troubles. Over the years, our friendly, professional, and efficient legal team has assisted thousands of personal injury victims.
Our firm has helped clients win millions of dollars in compensation for damages and/or losses suffered. Call us TODAY at 855-213-4405 about your case in Laurens, South Carolina.
Table of Contents
What Should I Do After an Injury?
Taking the right actions immediately after an accident can make it easier to recover compensation later on.
- Seek medical attention and ensure that you’ve kept the records.
- Take videos and a lot of photos.
- Get numbers and names of witnesses.
- Report the incident: Report workplace accidents to supervisors or call 911 if it’s a road traffic accident.
- Never admit fault to anybody.
- Contact a professional personal injury attorney!
Why Do I Need a Lawyer?
There are many reasons to have an experienced and reputable personal injury attorney handle your case. These include:
Case Preparation / Filing a Lawsuit
The legal system is complex and one error may see you lose the case. A skilled personal injury lawyer will do an independent investigation into the incident and build a solid case. Our lawyers at Ayers, Smithdeal & Bettis, P.C., will also ensure the lawsuit is filed within the statutes of limitation. Before we file the claim, we will try to have a sit-down with the responsible party to see if they want to settle.
We will lead you through the negotiation process and ensure that the insurance company doesn’t lowball you or try to get out of paying entirely. We will ensure you get a fair settlement offer for damages and/or losses suffered.
Trial Preparation & Representation
Our Laurens personal injury attorneys will walk you through how to behave in court and also provide you with expert legal representation to get the best possible outcome.
What Type of Damages Can I Recover?
Damages victims can recover in South Carolina include:
These damages can be summed up in figures and given a value, and are meant to provide financial respite to the victim. They include funeral expenses, medical bills, lost wages, property damage, loss of earning capacity, etc.
Non-economic damages cannot be easily given a value. Some of these damages include disfigurement, permanent disabilities, loss of consortium, pain and suffering, emotional distress, etc.
These damages are given to the claimant and are meant to act as punishment for the defendant and other would-be perpetrators. For these damages to be awarded, the claimant must prove that the defendant acted particularly outrageously or egregiously.
How Is Liability Determined?
Determining fault in personal injury cases isn’t always clear-cut. In order to determine fault, these four elements of liability must be met:
Duty of Care
It must be proven that the defendant had a responsibility to behave in a certain manner that an otherwise reasonable person would when faced with the same situation.
Breach of Duty of Care
It must be proven that the defendant didn’t exercise a duty of care in the moments leading to the accident. The plaintiff must prove that a reasonable party faced with the same situation would predict and act to prevent the occurrence of an accident.
The plaintiff must prove the defendant’s breach of their duties caused the accident. The plaintiff must prove that the damages and losses suffered were a result of the accident and not underlying problems.
You must demonstrate that you suffered damages because of the accident. You can claim non-economic, economic, and punitive damages depending on the case.
Does Comparative Negligence Apply in South Carolina?
South Carolina follows the comparative negligence rule. Comparative negligence laws allow the plaintiff to pursue reimbursement even if they were partially at fault for the accident. On the other hand, contributory negligence laws block a plaintiff from seeking reimbursement entirely if they contributed to the accident in any way, even by 1%.
The comparative negligence law in South Carolina stipulates that as long as the claimant is less than 51% liable for the personal injury, S/he still has grounds to seek financial reimbursement from the defendant. The compensatory amount will be reduced the claimant’s percentage of liability.
How Much Time Do I Have to File a Personal Injury Claim in South Carolina?
The statute of limitations in South Carolina to file a personal injury claim is three years following the injury date. It’s crucial that you understand and adhere to South Carolina’s deadlines when it comes to personal injury claims. If the three-year time window lapses before you file a lawsuit, the state’s civil court system will consider your claim void.
Personal Injury Claims Process
Our personal injury attorney will help you navigate the entire claims process, which works like this:
- Work out who was at-fault
- Gather evidence
- Evaluate the extent of your injuries
- Work out your compensation amount
- Negotiate for a settlement
- Proceed with litigation if a settlement isn’t reached.
How Much Will a Laurens Personal Injury Lawyer Cost?
We provide our legal expertise on a contingency-based system. We handle all our claims on a no win, no fee basis. Our initial consultation is free either via the phone or face to face, whichever is most convenient to you. We will then review your case and determine whether we can help you win the personal injury claim. When we successfully help you receive your compensation, we will deduct a small percentage as our payment.
Types of Personal Injury Cases We Handle at Ayers, Smithdeal, & Bettis
Our legal team represents injured clients in a variety of cases, including:
If you have been the victim of a road accident, whether on a motorcycle, in a car, or as a pedestrian, and it wasn’t your fault, you may have legal grounds to seek a compensation claim. You can also file a claim if you were the victim of a trucking accident.
Regardless if you have suffered minor injuries like whiplash or bruising or more severe injuries like a head injury or fracture, you should consult with one of our skilled auto accident lawyers at Ayers, Smithdeal, & Bettis for a free case review.
You can claim workers’ compensation as long as it can be proven the accident occurred while you were fulfilling your work duties.
You shouldn’t fear seeking a claim against your employer since it’s their legal responsibility to ensure the workplace is free from hazards and is safe. There’s a legal mandate for employers to have workers’ compensation liability insurance. Your employer’s insurance provider will pay your reimbursement.
Contact a Reputable Laurens Personal Injury Lawyer TODAY!
If you or a loved one has been the victim of a personal injury you are at fault for, we can help you seek compensation. Our initial consultation is free, our helpline is free and we operate on a no win no fee agreement.
To get additional information and help with your claim, call Ayers, Smithdeal, & Bettis at 855-213-4405.