Suffering serious injuries following an accident that was someone else’s fault can be very painful, stressful, and overwhelming. Besides dealing with the intense pain and suffering caused by their injuries, victims also have to worry about hefty medical bills and the security of their financial future. Their troubles are only compounded by the fact that they might not be able to return to work for an unspecified amount of time.
Fortunately, our Saluda personal injury lawyers are here to help. If you or a loved one has been injured as a result of the negligence of another person, you are entitled to demand compensation through a personal injury lawsuit. You need a team of dedicated and experienced personal injury lawyers who can effectively fight for you in Saluda, SC while you focus on your recovery.
At Ayers, Smithdeal & Bettis Law Firm, we understand what you and your family are going through and we know exactly what needs to be done to ensure the best outcome for your case. We help people like you get justice and the financial compensation owed to them. Get in touch with us today at 855-213-4405 to learn more about how we can help you with a free consultation.
Table of Contents
What Should I Do After an Injury?
After being involved in an accident and sustaining injuries, you might be confused, wondering what steps you should take next. Here are some important things you need to do:
Seek Medical Treatment
After being involved in any kind of accident, it is crucial that you seek medical attention as soon as possible. This will not only help to reveal any hidden internal injuries, but it is also important that you have your injuries documented by a medical professional.
Take Photos/Video If You Can
Documenting the scene of the accident while the evidence is still fresh will help make proving your case much easier.
Collect the Names and Contact Details of Any Witnesses
This will make it easier for your attorney to locate and get in touch with them later on.
Report the Incident
Contact the police if you have been involved in a vehicle accident, report workplace accidents to supervisors, etc.
Do Not Admit Fault
Do not admit fault or apologize for the accident as this will only hurt your claim.
Call a Personal Injury Lawyer!
An attorney will help you get started on the legal process and work on building a strong case for you. With an experienced personal injury attorney on your side, you stand a better chance of full and fair compensation.
Why Do I Need a Saluda Personal Injury Lawyer?
There are a lot of things that our legal team will do on your behalf to ensure success in your claim.
Case Preparation / Filing a Lawsuit
When you choose to retain our services we will get started by conducting an independent investigation into the exact cause of your accident. We will collect and analyze all the available evidence and identify all the potentially liable parties.
Our team will review your medical records to determine the extent of your injuries and how they will impact you financially, determine the true value of your claim, and help you to officially file a personal injury lawsuit.
Settlement Negotiation
In most cases, personal injury claims are settled out of court. The parties involved in the dispute will try to reach a settlement agreement in order to avoid the lengthy and expensive trial process.
However, remember that insurance companies will be seeking to pay as little amount as possible to protect their bottom line. Our attorneys will negotiate aggressively with the insurance company or the other party to ensure that you get nothing short of what you deserve.
Trial Preparation & Representation
If the liable party fails to present a full and fair settlement offer, we are prepared to take your case to trial and fight for your rights before a judge and jury. We have a proven track record of successfully handling cases in court and securing hefty compensation sums for our clients. We can do the same for you.
What Type of Damages Can I Recover in South Carolina?
South Carolina’s personal injury laws allow victims in personal injury cases to recover the following types of damages:
Economic Damages
Also referred to as special damages, economic damages are monetary losses suffered by the victim as a result of their injuries. Examples include:
- Past, current, and future medical bills
- Cost of repairs
- Loss of future earning capacity
- Travel costs
- and more
Non-Economic Damages
Non-economic damages are meant to compensate the victim for intangible and unverifiable losses suffered by the victim as a result of the injuries. These include:
- Pain and suffering
- Emotional distress
- Loss of limb function
- Loss of companionship
- and more
Punitive Damages
Punitive damages are only awarded in certain circumstances. They are meant to punish the wrongful party for grossly negligent, intentional, and malicious acts causing injuries and death. They are awarded to discourage such behavior in the future.
The amount of awardable punitive damages in South Carolina personal injury cases is limited to $500,000 or three times the amount of compensatory damages, whichever will be greater. But there are some exceptions to the cap on punitive damages.
How Is Liability Determined?
Liability in South Carolina personal injury cases is governed by the law of negligence. In order for the at-fault to be held liable for injuries and losses caused, the plaintiff has to prove the following elements:
Duty of Care
The plaintiff has to prove that the accused party owed them a reasonable duty of care in that particular situation leading to the injuries. For example, all drivers are required to drive safely and adhere to all traffic rules to ensure the safety of others.
Breach of Duty of Care
The plaintiff has to prove that the accused party violated or breached this duty of care. This can be by doing something or failing to do something where a reasonable person would have done otherwise. For example, the other driver chose to drive while intoxicated or wasn’t observing the speed limits.
Causation
The plaintiff has to prove that the defendant’s breach of duty of care led to the plaintiff’s injuries and losses and not another cause. There has to be a connection between the defendant’s actions and the plaintiff’s injuries.
Damages
The plaintiff has to show that as a result of the defendant’s negligence, the plaintiff suffered actual compensable damages following their injuries.
How Much Time Do I Have to File a Personal Injury Claim in South Carolina?
Under South Carolina’s statute of limitations, personal injury victims have up to three years from the date of injury to file a lawsuit in a South Carolina civil court.
How Much Will a Saluda Personal Injury Lawyer Cost?
At Ayers Smithdeal & Bettis Law Firm, like other professional personal injury attorneys, we take on all kinds of personal injury cases on a contingency basis. This means that you don’t have to pay any upfront fees and you will only pay after we’ve secured a favorable settlement or verdict for your case.
Types of Personal Injury Cases We Handle at Ayers, Smithdeal & Bettis
Our Saluda personal injury lawyers represent victims in a range of cases, including the following.
Motor Vehicle Accidents
Car and trucking accidents can take a devastating toll on the physical, mental, and financial wellbeing of victims and their families. You don’t have to bear this burden alone as we can help you get the compensation that you deserve.
Workplace Accidents
Workplace accidents are quite common in South Carolina. Suffering an injury at work can affect your ability to go back to work. We can help you get the workers’ compensation benefits owed to you.
Medical Malpractice
Victims of medical malpractice often find themselves dealing with physical injuries, hefty recurring medical bills, and other consequences. We can help you successfully prosecute a medical malpractice case in Salada, South Carolina.
Product Liability
Each year, thousands of people are injured as a result of defective and dangerous products. If you have been a victim of a defective product injury, we can help you hold the responsible party accountable.
Get Professional Legal Help Today!
While no one ever anticipates finding themselves in harm’s way, accidents and mishaps leading to serious injuries and even death are quite common. Even though some of these accidents are unforeseeable, many are completely preventable and are caused as a result of the negligent or wrongful acts of others.
If you have suffered injuries or lost a loved one as a result of another’s negligence, you need to get in touch with an experienced attorney as soon as possible. At Ayers, Smithdeal & Bettis, we have handled countless personal injury cases and through our experience, we understand how best to handle such cases to ensure the maximum amount of compensation for our clients.
You don’t have to suffer alone, we are here for you. Contact us today at 855-213-4405 to talk to our experienced attorneys.
