Personal injury law covers a wide variety of claims. However, they all have one thing in common — a person was injured or harmed by another party's actions or conduct. If another party injured you, there are some important things that you should know that can help you protect your legal right to fair compensation for injuries. Our Myrtle Beach personal injury lawyers discuss the South Carolina personal injury top five things to know in this blog.
What Are the South Carolina Personal Injury Top five Things to Know After an Injury?
1. Personal injury covers many different types of injuries and accidents.
Personal injury cases arise when another party's conduct or actions injure you. Common situations and accidents that can result in a personal injury claim include:
- Auto accidents
- Wrongful death
- Dog bites
- Pedestrian accidents
- Motorcycle crashes
- Bicycle accidents
- Slip and fall accidents
- Large truck accidents
- Nursing home abuse
- Aviation accidents
- Medical malpractice
- Moped accidents
Demand for financial compensation for damages caused by an accident or injury is a personal injury claim. Damages may include physical pain and suffering, loss of income, medical bills, and permanent disabilities. The value of the claim depends on the facts of the case.
2. Most personal injury claims are based on negligence.
Most personal injury claims are based on the theory of negligence. Negligence is the failure to act with the level of care that an ordinary person with reasonable judgment would have used in a similar situation.
Proving negligence claims require that you have evidence proving:
- The person owed you a duty of care
- The person breached the duty of care
- The breach of the duty of care resulted in your injury
- You sustained damages
If you cannot prove each of the legal elements of negligence, the party is not responsible for your damages. However, there are some instances in which a party may be strictly liable. Strict liability does not involve proving that the party was negligent to recover damages.
3. The law restricts your time to file a personal injury claim.
One of the most important of the South Carolina personal injury top five things to know about is the deadline for filing lawsuits. The statute of limitations sets a three-year deadline for filing lawsuits in most personal injury cases. However, there are exceptions. If you were injured in an accident or because of a party's negligence or wrongdoing, it is best to contact a Myrtle Beach personal injury lawyer as soon as possible to avoid missing a deadline.
4. Your compensation can be reduced if you are partially to blame for your injury.
If the other side can prove that you were partially to blame for the cause of the accident or your injury, your compensation can be reduced. The amount of the reduction equals the percentage of fault assigned to you for causing the accident. However, if your fault is 51 percent or higher, you do not receive anything for your injury claim.
5. Insurance companies do not play fair.
Insurance companies are not interested in paying fair settlements for injury claims. Their goal is to pay as little as possible to resolve your injury claim. Therefore, the insurance company may use anything it can to reduce the value of your claim or deny your injury claim.
To avoid becoming a victim of insurance tactics, talk to a personal injury lawyer in Myrtle Beach before signing a medical records release form, providing a statement, or accepting a settlement offer. An attorney can help you avoid some of the common errors accident victims make, resulting in denied claims or lower settlement offers.
Contact Our Myrtle Beach Personal Injury Lawyers for a Free Case Review
Get help with your personal injury claim from experienced Myrtle Beach accident lawyers. Call our office to request your free consultation with a Myrtle Beach personal injury attorney.
