- February 15, 2018
- Personal Injury
Burn injuries are not something that most people have to worry about in their everyday lives. Since it is not at the forefront of their minds, when someone does suffer from a burn injury due to another’s negligence, they often do not know where to turn or how to seek a fair burn settlement. A personal injury settlement is dependent on many state laws. South Carolina regulations are not as restrictive as some other states, however, there are still some aspects of the process, such as the statute of limitations, that you must adhere to before you can receive the compensation you need for your injuries.
The Statute of Limitations for Burn Injury Claims
First, South Carolina legislation establishes a statute of limitations of three years from the time of injury. South Carolina code 15-3-530 explains the period elapsed is not to exceed three years. If your injuries happened more than three years ago, consider the statute of limitations. This provision can help you whenever evaluating whether you should seek a burn settlement or not.
After the statute of limitations, you’ll want to consider a few other aspects. Personal injury lawyers are well-versed in handling South Carolina regulations regarding a sustained injury. While you may not be familiar with the law, they are, and can help you through the process from start to finish.
How a Personal Injury Lawyer in Greenwood, South Carolina Can Help You
If you are searching for guidance from a personal injury lawyer, there are a few points that they will likely bring up. Burn injuries often see higher settlements than other personal injury claims such as slip-and-fall lawsuits. Some things to consider when seeking a burn settlement include:
- The extent of your burn
- The opposing parties ability to pay a substantial settlement
- The opposing parties intent
- Possible negligence
From the four dynamics listed here, a personal injury lawyer can identify what sort of case could come of this information. When working with a personal injury lawyer, you can bring into consideration your recovery time, the process that was part of recovery and any permanent scarring you experienced.
The law offices of Ayers Smithdeal and Bettis, P.C. offer services for personal injury compensation in Greenwood, SC. With a working knowledge of burn settlement cases, our lawyers can help you receive the full and fair compensation you deserve.
The specifics of your burn injury are more important when considering a burn settlement than anything else. A personal injury lawyer will use these specifics to assess your case. While regulations will govern decision making and whether your settlement is actionable or not, your story will take the spotlight through the process.
Initially, your pain, suffering, recovery, and scarring are taken into account to begin negotiations. These negotiations are what each side (your attorney and the opposing party’s attorneys) will use to offer amounts they believe are fair.
One area that both sides review closely is how and when the burn occurred. This is used to lay out a clear assessment of the opposing party’s intent and liability. The liability of the defendant can be a huge factor used in the negotiations process for any burn injury settlement.
When to Seek a Personal Injury Lawyer in Greenwood, South Carolina
If you believe that your burn injury was a result of either intent or gross negligence, you may receive a substantial burn settlement award. Although it can be difficult to prove there was a clear disregard for your safety, personal injury lawyers can help throughout this process.
With gross negligence or clear intent, you may receive punitive damages, as well. Punitive damages serve as a form of additional punishment for the defendant. They are most common when the defendant is a company that has placed a number of consumers or patrons at risk due to their negligent actions.
Personal Injury Settlements Aren’t Guaranteed
Burn or personal injury settlements in South Carolina aren’t guaranteed. In worst-case-scenario situations, the defendant may attempt to claim that you were actually at fault for the burn. While South Carolina has a fault system, it often does not override negligence. However, it can severely impact the possibility of a settlement.
In the event that you are partially liable, you share fault. This means that your settlement will likely see a reduction equal to the percentage of fault. Often, the personal injury lawyer will request information on the possibility of your liability. If your fault meets or exceeds fifty percent, you may not see any settlement.
Personal injury lawyers know that this is a major concern with burn settlements. This is why they try to gather as much information as possible about the accident so that they can fight back should the defendant try to deflect liability.
Contact a Personal Injury Lawyer in Greenwood, SC to Discuss Your Burn Settlement
If you are seeking a burn settlement in Greenwood, South Carolina, a personal injury lawyer will be invaluable in ensuring you receive the full and fair compensation you deserve for your burn injuries. As stated previously, there are many variables in determining what your burn settlement could be worth, which is why you need an attorney on your side who can increase your odds of receiving the maximum amount.
The law offices of Ayers, Smithdeal, and Bettis, P.C. has over 25 years of experience in handling personal injury cases throughout Greenwood, South Carolina. Contact our team of personal injury attorneys today to discuss your options for a burn settlement.
