Personal injury occurs when one experiences physical, financial, or emotional harm due to another negligent party. In some cases, the losses and injuries suffered could be much more than insurance policies can accommodate for, and you may have to pursue the negligent party for compensation.
Individuals who are involved in a personal injury case for the first time often find the process intimidating and overwhelming. With the proper legal guidance and assistance of a Newberry personal injury lawyer, you can focus on recovering fully and increase your chances of receiving compensation for your losses.
If you have been injured due to the negligence of another party in Newberry, South Carolina, don’t hesitate to reach out for legal help. At Ayers Smithdeal & Bettis, we are dedicated to fighting vigorously for your rights in a personal injury claim until you receive your much-deserved compensation. Call us today at 855-213-4405 to schedule a free case evaluation.
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What Should I Do After an Injury?
Most victims of personal injury cases often do or say things in the heat of the moment, which may pose a risk to their claim. If you have been injured in an accident due to another person’s negligence, it is important that you take the following steps:
Get Medical Treatment
Get medical treatment if you’re hurt and keep records of all treatment, including medical bills and doctor’s reports.
Take Photos or Video
Take photos or videos if you can. Clear photos showing tire marks on the road, vehicle damage, or your injuries can be used as evidence in your personal injury claim.
Speak to Witnesses
Get the names and numbers of any witnesses. Ask them if they would be willing to give their statement of how the accident occurred.
Report the Incident
Report the incident to the relevant authority. In the case of a vehicle accident, be sure to call the police if it’s a vehicle accident. If you have been injured at your workplace, ensure that you report the accident to your immediate supervisor.
Never Admit Fault
Never admit fault, as this might take away your right to receive compensation for your injuries. You should avoid delving into conversations regarding the details of the accident with the involved party. You should only share such details with your lawyer and the police.
Call a Personal Injury Lawyer
Working with an experienced Newberry personal injury lawyer as soon as possible ensures that you start your claim process in time, gather evidence, and build a strong case against the at-fault party.
Why Do I Need a Lawyer?
Personal injury is a broad legal field, and individuals may not always understand the laws that govern personal injury cases. Having a lawyer in your case can lift a significant load off your shoulders, helping you focus on attaining full recovery and returning to your normal activities. Particularly, a personal injury lawyer can help you with the following:
In some personal injury cases, you may not be able to recover full compensation from the at-fault’s party insurer. You may have to file a lawsuit and leave the case in the hands of a judge to decide if you deserve to be compensated and the amount to be awarded.
A personal injury lawyer can help you prepare a solid case by gathering witness depositions and the relevant documents to serve as evidence. Your lawyer can help prepare a case against the defendant while you focus on recovery.
Not all personal injury victims take their cases to court. In fact, very few cases go to trial. Most are resolved by negotiating reasonable compensation with the at-fault party’s insurance company.
Personal injury lawyers are experienced at negotiating with insurers and can help you get maximum compensation for your losses. They know the tricks and pitfalls to avoid during the negotiation process and can help you receive the compensation you deserve without going to court.
Trial Preparation & Representation
Whenever negotiations with an insurance company fail to yield fruit, your lawyer will advise you to take your case to court. After filing a lawsuit against the at-fault party, your lawyer will offer you legal representation by arguing out your case in front of a judge in the best possible way. Through thorough trial preparation, a personal injury lawyer will ensure that the judge awards you compensation for your injuries.
What Type of Damages Can I Recover?
In a personal injury case, you can receive any of the following types of damages:
These are awarded to return you to your previous financial position, and often include:
· Medical expenses
· Property damages
· Present and future lost wages
· Lost earning capacity
· Out-of-pocket costs
· Rehabilitation costs
This type of compensation is awarded to cover losses that may be incalculable or difficult to quantify. These damages include:
· Permanent disability
· Loss of enjoyment of activities
· Loss of consortium
· Emotional and mental anguish
· Pain and suffering
In some personal injury cases, a judge might establish that the at-fault party’s actions amounted to wanton wrongdoing or gross misconduct. In such cases, they may be ordered to pay punitive damages to deter them from taking similar actions in the future.
How is Liability Determined?
To determine if the other party is responsible for the accident that caused your injuries, you have to prove the following elements of negligence:
Duty of Care
The defendant owed you a legal duty of care not to cause you harm.
Breach of Duty of Care
The defendant violated the standard of care or failed to act as another reasonable person would have in similar circumstances.
You have to prove that the accident that resulted from the defendant’s negligence is what caused your injuries and nothing else.
You suffered losses or injuries as a result of the defendant’s negligent act.
Further, South Carolina is a modified comparative negligence state, meaning that you are eligible for financial compensation as long as you are less than 51% responsible for an accident. If you share fault for an accident, your compensation award is reduced according to your percentage of fault.
How Much Time Do I Have to File a Personal Injury Claim in South Carolina?
According to South Carolina laws, you have three years from the date of injury to file a personal injury claim. Failure to file within these time limits, you risk losing your right to pursue compensation for your injuries.
Personal Injury Claims Process
Reaching out to a personal injury lawyer is the best way to ensure that you go through a seamless personal injury claims process. Typically, this process will involve the following:
· Establishing who is at fault for the accident
· Collecting evidence against the at-fault party
· Evaluating your injuries and losses
· Making arrangements for medical care and reviewing recovery
· Calculating your compensation amount
· Negotiating with the at-fault party’s insurer
· Reaching a settlement and receiving the compensation award.
How Much Will a Newberry Personal Injury Lawyer Cost?
At Ayers Smithdeal & Bettis, we operate on a contingency fee basis, meaning that you don’t pay anything until we win your case and you receive your compensation. After the award is made, a part of it is used as lawyer fees. Reach out to us to find out more about the percentage of the award that goes to lawyer fees as well as other costs.
Types of Personal Injury Cases We Handle
At Ayers Smithdeal & Bettis, we can help you with ay of the following personal injury cases:
Whether you have been injured in a DUI, speeding, or distracted driving accident, our car accident lawyers can help recover your deserved compensation.
If you’re injured at a construction site due to another person’s negligence, our lawyer can help you with your claim.
Dangerous or defective products may cause injuries to individuals, and we can help handle such cases and seek compensation on behalf of the plaintiff.
Most states have stringent rules regarding pets such as dogs, and we can help you seek compensation if you have been bitten by another person’s dog.
We can represent you in your claim if you have suffered injuries at the hands of a medical practitioner.
Premise owners or managers are required to keep their premises reasonably safe for invitees. You may have a valid claim if you suffer injuries while on another person’s premises, and we can help you with your case.
We also help individuals who have been injured at their jobs receive workers’ compensation benefits.
Contact Our Newberry Personal Injury Lawyers Today
Personal injury cases often range from car accidents to workplace accidents, and you may be entitled to pursue compensation if you have suffered injuries or losses due to another person’s negligence. However, personal injury cases are not always straightforward, and working with an experienced South Carolina personal injury firm can help you prove that the other party was negligent and responsible for the accident.
At Ayers Smithdeal & Bettis, we can help you with your personal injury claim if you have been injured due to the negligence of another person. Call us today at 855-213-4405 to speak to one of our Newberry personal injury lawyers and begin your claims process.