Darlington Personal Injury Lawyer

Darlington, SC Personal Injury Attorney

When someone is injured because of the negligence of another party, the costs of that injury are the legal responsibility of that party. The medical expenses, property damage, lost wages, and psychological costs should be covered by the liable party or their insurance provider in these kinds of situations. However, getting that fair restitution may be difficult to do without the help of a Darlington personal injury lawyer.

At Axelrod & Associates, P.A., you can find a skilled, experienced team that helps our clients seek fair compensation when they’ve been injured as a result of someone else’s negligence. Whether through negotiation or litigation, we understand the challenges in seeking restitution and are prepared to meet them.

How a Darlington Personal Injury Attorney Can Help With Your Claim

When you hire a lawyer, it’s their job to represent you and advocate for you in the process of seeking restitution for your injuries. This process can involve your lawyer executing a variety of activities and paperwork on your behalf. However, the majority of what they do on your behalf falls into two or three main areas related to your injury.

Investigation

One of the most important things that your lawyer can do is investigate the source of your injuries. There are some situations, such as premises liability claims, where determining whose negligence caused your injuries can be challenging. Your lawyer needs to understand how to identify the liable party for your injuries and gather evidence that can later be used to prove that liability.

They may also gather evidence that can be used to defend against an argument that you were also at fault, as your restitution could be reduced under comparative negligence laws.

Negotiation

Before taking a claim to court, it could make sense for both parties to see if they can reach a settlement instead. Having a lawyer represent you in these negotiations can be helpful because of our experience in these situations. The other side also tends to take the process a little more seriously when an attorney is involved. They realize that they can’t get away with some of the tactics that they use on a novice negotiator, and the presence of a lawyer implies that the possibility of going to court is legitimate.

Litigation

If a fair settlement can’t be reached, then the claim may need to go to court. We represent our clients through this process and make a strong case for the liability of the defendant. We can also defend against any claim that you were at fault.

Common Types of Personal Injury Claims

A personal injury claim can be filed when someone has been injured because of the negligence of someone else. This could be the result of an accident, mistake, or malicious behavior. Some of the more frequent forms of personal injury claims include:

• Car Accident: When a car accident occurs, it’s typically the fault of another driver, although issues with roads, lights, parts, and other problems could also lead to accidents. This is one of the most common forms of personal injury claims and will usually involve seeking restitution from a driver’s insurance provider.
• Motorcycle Accident: Similar to car accidents, motorcycle accidents are caused by many of the same issues. There are often significant injuries and costs associated with motorcycle accidents.
• Truck Accident: In addition to all the issues that could potentially lead to a car accident, trucking operations have added risk from their complexity and the number of parties involved.
• Bicycle Accident: Bicycle accidents can have serious injuries and often occur when a motor vehicle collides with someone on a bicycle.
• Medical Malpractice: When a doctor, nurse, surgeon, or other medical professional fails to provide proper treatment, it could lead to medical malpractice. These are some of the most complex personal injury claims. It’s important to have the right lawyer who understands the challenges of these claims.
• Dog Bites: When a dog bites someone, it may be the responsibility of the owner to cover the costs, particularly if the dog has some history of aggressive behavior.
• Premises Liability: It’s the responsibility of property owners, managers, and others involved with a property to ensure that they have a safe environment for lawful visitors. These can be some of the most complex personal injury claims, as so many different parties may be involved in a property, especially commercial properties.

Restitution for Personal Injuries

A personal injury claim will only compensate those costs that have a direct link to the injuries that were caused by the defendant. Your lawyer in Darlington must prove those costs, which is why it can be important to keep thorough records and documentation of your expenses. Useful documentation can include:

• Doctor’s notes
• Medical bills
• Receipts for property repair
• Invoices
• Pay stubs

It’s better to document more than you think you will need than to document too little.

The costs that are proven to have resulted from the incident are compensated through two forms of damages:

• Economic damages cover the costs that have a distinct financial element, such as medical bills, lost wages, and property damage. These damages will also cover future expenses, such as future medical bills and lost earning capacity.
• Non-economic damages are meant to address the psychological costs that come with an injury, such as pain and suffering and mental anguish. While these concerns aren’t directly solved by money, the compensation could provide an indirect benefit and act as a recognition of the injustice of the situation.

FAQs

Q: Is It Better to Settle a Claim or Take It to Trial?

A: Whether it makes more sense for you to settle a claim or to take it to trial will be highly dependent on the specifics of your case and the strongest offer that your lawyer has been able to secure. Generally, though, there are a couple of advantages to settling that make it a preferable option for many personal injury victims. They are:

• Time: A settlement can often be a relatively faster path to getting the compensation that you’re seeking, as the only real limiting factor is the time it takes to negotiate the settlement. A trial, on the other hand, could take months or years to reach a resolution.
• Risk: When you take a claim to court, there is always a chance that it could return a decision that you weren’t expecting. For some, avoiding that risk may be worth taking a little less than you might receive if the trial had gone entirely in your favor.

Q: Is There a Limit on When I Can File a Personal Injury Claim?

A: The deadline for filing a personal injury claim is set by the statute of limitations, which is generally three years from the time of the incident that caused your injuries. There may, though, be some exceptions. In some cases, such as when the government may be at fault, there may be a shorter deadline. In other situations, such as if the injuries were discovered much later or minors were involved, the deadline may be extended.

You should contact a lawyer as soon as possible after your injuries, as they may be able to explain the timeline that applies to your situation.

Q: What Is Comparative Negligence?

A: Comparative negligence is a set of rules that has the potential to limit your ability to collect damages. Under this doctrine, the defendant is given the opportunity to argue that the plaintiff is at least partially at fault for their injuries. If that argument persuades the court, then the plaintiff will have their damages reduced proportionately to the share of fault that they hold.

For instance, someone with a $1 million damage award who is found to be 25% at fault will only be able to collect $750,000. However, if the plaintiff is found to be more than 50% at fault, they will be barred from collecting any damages at all.

Q: Are Punitive Damages Always Awarded?

A: Punitive damages are not awarded in every, or even most, personal injury claims. This is because they are only awarded when the actions of the defendant are believed to have been malicious or egregious. These damages serve as a punishment but, given that most injuries aren’t intentionally caused, punitive damages aren’t awarded in most situations.

We Can Help You Seek the Restitution That You’re Owed

We understand how challenging it can be to get proper compensation after a personal injury. While you’re legally owed restitution that covers the related costs, such as your medical expenses and the psychological impacts you endure, it’s not uncommon to run into disputes and challenges in getting that restitution. Usually, you’ll be trying to get this compensation from the insurance provider of whoever was at fault for your injuries, and they aren’t often eager to negatively impact their bottom line.

Working with a Darlington personal injury lawyer can often have a significant impact on someone’s efforts to get fair compensation. The team at Axelrod & Associates brings a combination of significant experience and strong dedication to our clients’ claims. We understand what it takes to work through a successful negotiation or win a claim in court. If you’ve been injured and need help in getting what you’re owed, contact our team today.