Life-threatening injuries or the death of a loved one after an accident is extremely difficult for the whole family. That is because aside from the pain, suffering, and trauma experience, it comes with financial strains, lost income, loss of a companion, and so on.
There is a way to decrease the burden after an accident or the loss of a loved one, and this can be achieved by filing a personal injury case against a negligent party responsible for the accident or death. To make the whole process comfortable and stress-free, you need to hire a McCormick personal injury lawyer.
This is where we come into the picture. We have over 25 years’ worth of experience, and we are committed to working for regular victims who find themselves going against influential and affluent opponents. For this reason, at Ayers, Smithdeal, & Bettis P.C., we treat every case differently and apply unique techniques to get our clients the compensation they are rightfully owed.
Call us today and book an appointment with our highly experienced McCormick personal injury lawyer. Do not worry because we offer free non-obligation case evaluation, where we will listen to your claims and offer the best legal advice and action to take.
Table of Contents
What Should I Do After An Injury?
Nobody wants to be injured. However, sometimes the actions taken by others may cause you harm, but the actions you take may build or break your compensation claims or case. In fact, it will affect the amount you may get in a South Carolina compensation claim.
For this reason, after being injured, you should follow the following steps:
- Report the incident to the relevant authorities (if it is a vehicle-related accident, call the police – if it is a work-related accident, inform the manager or business owner – if it is a slip and fall, inform the building manager or owner…)
- Collect the names and numbers of witnesses
- Document the accident if possible by taking photos and videos
- Seek immediate medical attention and keep all the records
- Never admit fault
- Call our McCormick personal injury lawyer
Why Do I Need A McCormick Personal Injury Lawyer?
The benefits of hiring a McCormick personal injury lawyer are many, especially when it comes to lawsuits or claims. Remember, looking for injury-related compensation is not as easy as many people think. These cases are difficult, and the help of a lawyer is the key to a successful claim. In a nutshell, the lawyer will help you in three main areas:
Case preparation and filing a lawsuit
This is where a lawyer will offer the best legal action to take, help in collecting evidence and all necessary documents, prepare for the case, and help in filing the case.
The truth is that not all personal injury cases get to the courts. A majority of them are solved through negotiations. Because our McCormick personal injury lawyer is in a better position to calculate the true worth of your compensation, they will ensure you get nothing less.
Trial Preparation and Representation
Sometimes negotiations fail, and in this case, the case will have to move to court. Our McCormick personal injury lawyer will help in trial preparation and representation.
What Types Of Damages Can I Recover In McCormick, South Carolina?
In a personal injury case, you will often hear the term ‘Damage’ being used a lot. Many people will take this as the actual damage caused. However, the term ‘Damage’ is a legal term used to refer to other different types of damages. These are divided into three types:
This type of damages cover covers any cost related to the injury that can be proven physically and has a paper trail. It covers things like medical bills, lost income, medication costs, and others.
This type of damages covers any injury or loss a victim suffered but not tangible or concrete. It covers losses like humiliation, emotional suffering, reputation damage, pain and suffering, and others.
This type of damage is designed to punish a defendant for their carelessness or negligence for malicious, willful, or fraudulent actions that resulted in another person’s injuries.
How Is Liability Determined in South Carolina?
South Carolina is a comparative negligence state. In other words, South Carolina applies Shared Fault Rules. This means that if a victim is found to have played a role in the accident, a percentage is assigned to reflect the role the victim played. As such, the monetary compensation amount will reduce based on the said percentage.
On the other hand, the law is different with a dog bite or attack injuries. According to South Carolina statute, S.C. Code Ann. 47-3-110; dog owners are ‘Strictly Liable’ – which means that it does not matter the animal’s past behavior; the dog owner is responsible for personal injuries caused by the dog.
Liability is determined when a victim shows the following elements:
Duty of care
This a legal responsibility imposed on a person requiring that person to follow a standard of sound caution while executing any activity that may harm others. This is the first element that must be established to proceed with a personal injury case.
Breach of duty of care
This is when a person has been injured because of the actions or lack of action of another person due to carelessness or negligence.
This is a third element where a victim must show that the breach of duty of care caused the injuries or loss and nothing else.
This is the actual damages caused by the accident, a victim must prove they exist.
How Much Time Do I Have To File A Personal Injury Claim In South Carolina?
All states in the U.S. have set a statutory limit. The statutory limit is the time a person has to file a personal injury case in a civil court. The statutory limit will vary based on the case a person wants to file.
In South Carolina state, the statute of limitations for personal injury cases is three years starting from the day of the accident. It is important to note that the time limit differs based on the defendant. All this can be found under S.C. Code Ann section 15-3-530.
Personal Injury Claim Process
The whole process of a personal injury claim is long and sometimes stressful. This is why you need a lawyer to help you through certain steps. Therefore, assuming that you have sustained injuries due to a specific accident and you have already contacted the McCormick personal injury lawyer; the next steps will involve:
- Claim investigation, evidence gathering, and reviewing medical records
- Discussing the best legal action to take
- Making demands and negotiations
- Personal injury lawsuit is filed
- The discovery phase of a personal injury case (where each party investigates what the other side have. The legal claims, and defenses)
- Mediation and negotiations
How Much Will A McCormick Personal Injury Lawyer Cost?
Unlike other lawyers in other fields of law, personal injury lawyers work on a contingency basis. What does this mean? Well, it simply means that a lawyer will not be paid if they lose the case. Furthermore, a lawyer will handle all legal fees until you get compensation.
This means that there are no out-of-pocket expenses for you.
If the McCormick personal injury lawyer wins the compensation claim, they will take a specific or agreed amount based on a specifically agreed percentage. Often, this will be about 12% of the amount you get.
The Types Of Personal Injury Cases We Handle At Ayers, Smithdeal, & Bettis PC
Personal injury refers to any form of injury suffered in an accident. We offer the following types of personal injury cases:
This is a type of personal injury where a victim’s representative, estate, or loved one seeks compensation.
This is any injury caused by vehicle or automotive-related accidents. It covers trucks, cars, motorcycles, DUI, etc.
This is a type of personal injury caused by medical malpractices and negligence.
This is a business insurance cover that helps protect employees when they are injured by offering certain benefits like medical benefits.
Call a McCormick Personal Injury Lawyer Today for a Free Consultation
At Ayers, Smithdeal, & Bettis P.C., we place our client’s needs ahead. We offer personalized services since we understand every case is different. Do not hesitate; call us today for your free case evaluation with a McCormick personal injury lawyer.