Dillon Personal Injury Lawyer

Dillon Personal Injury Attorney

Injuries happen all the time, and, in most instances, the affected person moves on with their life and focuses on recovery. However, if someone suffers an injury through negligence, they may have the right to file a claim against the person who caused the injury and seek compensation to help pay for medical expenses. When you want to file a claim, you’ll want to enlist the services of a Dillon personal injury lawyer and law firm to help you with the case.

At Axelrod & Associates, we can represent those seeking damages for a personal injury. We can fight for you by negotiating with the insurance company or representing you in court to make sure you take home the maximum settlement.

Can Axelrod & Associates Represent Me With My Dillion Personal Injury Claim?

At Axelrod & Associates, we have experience dealing with numerous personal injury cases over the years. We’ve represented countless clients and helped them get life-changing settlements to help them recover from their injuries. Our team has over 100 years of combined experience working in law, and we serve communities all across South Carolina.

We believe everyone needs an advocate when dealing with the legal system. That’s why we seek to help clients with several issues in Dillon, SC.

What Constitutes Personal Injury Law in South Carolina?

Personal injury law covers incidents in which someone suffered an accident and injury as the result of negligence or malice on the part of another person. The injured person may file a claim against the individual to seek restitution in the form of compensation for medical bills, pain and suffering, lost wages, and prescription costs.

Personal injury covers a wide range of potential issues, and we’ll look at some specifics later on. The most crucial part of winning a personal injury case is showcasing neglect on the part of the other party.

How Do We Determine Negligence in South Carolina?

South Carolina has a few criteria your case needs to meet to showcase negligence. You and your lawyer will need to prove these elements if you want a judge to rule in your favor.

• Duty of care: You’ll need to show that the other party had a duty to take care of you and make sure you did not suffer an injury. A motorist has the duty of care not to break the rules of the road and cause an accident. Someone doesn’t have a duty to care for someone who is trespassing on their property, for example.
• Breach of duty: If the person was supposed to be watching out for your well-being, you will then need to demonstrate they failed to do so. If a property owner did not warn you about a tripping hazard or if a doctor failed to properly sanitize their tools before surgery, you’ll likely have a strong case for a personal injury claim.
• Causation: The final primary component is proving the person’s breach of duty led to your injury. Someone can be negligent, but if it doesn’t lead to your injury, you likely won’t be able to file a claim against them for the incident.

Malice is also a reason for a personal injury claim. Even if someone doesn’t have a duty of care for another person, like in the example of a trespasser on their property, they still cannot do anything to intentionally harm the individual.

What Types of Personal Injury Claims Do Axelrod & Associates Handle?

Personal injury covers a lot of ground, so let’s look at some of the cases we handle at Axelrod & Associates.

Premises Liability

When someone’s on your property, you have to make sure they are reasonably safe from harm. You cannot protect people from impossible-to-predict circumstances, but you should do as much as you can to keep people safe.

For instance, if there is a wobbly handrail that may break off if there’s too much force, you should inform anyone entering your premises about the risk so they can take the necessary precautions. You also have a responsibility to fix this problem at your earliest convenience. Failure to warn people about potential risks opens up a property owner to a personal injury claim.

Wrongful Death

It’s never easy to deal with the death of a loved one, and this becomes even clearer when the economic realities set in. The law allows families to file a claim against someone whose negligence led to the death of a loved one to seek compensation for lost income.

Dog Bites

Any animal that attacks a person can lead to a personal injury claim. Pet owners have a responsibility to keep their animals under control and away from people they might harm. If a dog gets loose and bites someone or a loose horse knocks someone down, these are grounds for a claim.

There are exceptions to pet attacks that lead to claims. The victim cannot have done anything to provoke the attack and must not be trespassing. If someone angers a dog until it bites them, they won’t have much of a case for a personal injury claim.

Vehicle Accidents

Vehicle accidents are a daily occurrence across the country, and they claim many lives and cause untold amounts of injuries. Both drivers and passengers could be at fault for any vehicle accidents, whether they involve trucks, pedestrians, bicycles, or just cars.

Proving fault in a vehicle accident requires a mix of witness testimony and physical evidence. Investigators will look at skid marks and where debris landed to help determine what happened at the time of the accident, and witnesses can attest to what they saw.

There are several reasons someone may be guilty of fault in a motor vehicle accident. These include the other driver speeding, texting while driving, talking on the phone or with a passenger, disobeying the rules of the road, or driving while distracted. You can also file a claim against someone if a lack of maintenance caused their vehicle to malfunction during the accident.

Medical Malpractice

We go to the hospital to feel better. While this often works out, it isn’t always the case. Sometimes, a doctor makes a mistake that they shouldn’t have. In these cases, you may have a shot at filing a claim for medical malpractice.

There are two primary parts to determining medical malpractice. The first and most important is neglect. You need to determine if the doctor or other medical professional failed in their duty to take care of you. Some examples of neglect are your doctor not providing options for treatment, misdiagnosing you when they shouldn’t have made that mistake, and prescribing the wrong dosage.

If there was neglect, you’ll have to prove it led to whatever condition you are dealing with. Keep in mind that just because someone dies in a hospital does not mean there has to be any malpractice involved.

Should You Hire an Attorney When Filing a Personal Injury Claim?

Most people with legal knowledge would tell you that you need to hire an attorney when dealing with a case of personal injury. Demonstrating someone’s guilt isn’t always easy, but an attorney will give you a better chance at producing a winning legal strategy.

You’ll also be recovering from your injury and likely need time to rest and recuperate. You don’t want to waste time learning about laws and heading to the courthouse when you should be recovering.

FAQs

Q: Can You Seek Compensation for Emotional Distress in SC?

A: Emotional distress, sometimes referred to as pain and suffering, is something you can include in a settlement. Calculating it is tricky, as your lawyer will often look at the factors of the case, any mental health issues you’ve developed, your physical pain, and any lack of enjoyment of life.

Q: What Does a Personal Injury Lawyer Typically Charge in Dillon?

A: Personal injury lawyers will often charge clients on a contingency basis. You won’t have to pay anything if your attorney doesn’t win, but you will have to provide a portion of your winnings to cover the attorney’s fees. These fees typically range from 30 to 40 percent of your winnings.

Q: Why Do Most Attorneys Charge a Contingency Fee for a Personal Injury Claim?

A: Attorneys use contingency fees as a sort of win-win for both sides of the equation. Many people won’t have the liquid assets to afford a civil claim, and if they lost, they would lose plenty of money. The contingency basis makes sure both parties get their money after the case if it is a success.

Q: What Type of Compensation Should I Expect in a Settlement in South Carolina?

A: You can ask for compensation to make up for lost wages you might not be getting while you recover from your injury. You can also seek compensation for hospital bills, medicines, and any long-term care you may need after the injury. You can also seek damages for pain and suffering from the other party.

Axelrod & Associates: Dillon Personal Injury Attorneys You Can Count On

If you or someone you know is suffering from an injury someone caused, you deserve legal help. At Axelrod & Associates, we have experience helping Dillon residents deal with personal injury cases. Contact us today to see how we can work for you.