Definition of a Personal Injury
When you have an accident, chances are you will suffer a physical or emotional injury. The injury can be the result of a car accident, slip and fall or a medical mistake. A personal injury is due to a negligent, intentional or reckless act on the part of another person or entity. Evidence must be provided against the at-fault party for a legal claim to be filed.
For the injured party to be compensated for the financial loss they suffered due to the personal injury, a settlement or lawsuit must be resolved successfully. Let us take an in-depth look at personal injuries, their composition, the time limit an injured person has to file and other aspects of this type of harm. We can also delve into how a personal injury lawyer can help.
Different Types of Personal Injuries
After an accident, three types of injuries are generally evidenced. They are:
- Bodily harm: This describes the physical injuries the person suffers.
- Emotional distress: Being emotionally injured after an accident can refer to the anxiety, stress, humiliation or sleeplessness the injury causes.
- Pain and Suffering: This element of injury speaks to the intangible problems an injured party experiences that rob them of the joys of life and abilities they had before an accident. For instance, the ability to spend time with their spouse or playing ball with their children due to the pain or limitation of an injury would fall into this category.
How Are Personal Injuries Resolved?
A personal injury can be resolved in two ways:
- Settlement: This is a contractual agreement between the parties where the at-fault party agrees to pay a certain amount, and the injured party agrees to make no further claim against them. The settlement is usually negotiated between the negligent party, their insurer and the claimant.
- Lawsuit: This response occurs when the plaintiff (the injured party) files a claim in court against the defendant (an individual, government entity or business). The defendant is accused of acting maliciously, negligently or recklessly, causing the accident and injuries.
Deadline to File a Personal Injury
In South Carolina, the plaintiff has three years from the time the injury occurred to file a civil claim against the defendant. This is referred to as the statute of limitations. The deadline must be met or the case will not be heard. Your personal injury lawyer will ensure that all documents are filed on time.
Loss of Consortium
This personal injury is suffered by the spouse or other family member of the injured party. It is filed separately by the claimant and aims to compensate the spouse or family member for the loss of enjoyment and support previously provided by the injured party. It is considered non-economic damage, which means that each case is different, and the proof is intangible.
Morris Law Firm
At Morris Law, we provide compassionate service to clients who suffered a personal injury. We do this by investigating their accident, determining the loss they suffered, negotiating a settlement or taking the case to court. We work on a contingency basis, which means we do not get paid unless you win. Call us at (843) 232-0944 in the Myrtle Beach area to schedule a free case review where we answer your questions and provide options going forward. Don’t go it alone. Let us help you while you heal.