Georgetown Personal Injury Lawyer

Georgetown Personal Injury Attorney

Unfortunately, it is improbable to go through life without suffering some injury or loss. However, no one should have to experience a personal injury as the result of someone else’s negligence. If your injury or loss was the result of another individual’s carelessness, especially if their actions were particularly reckless, you may be entitled to recover compensation for damages. If you’ve suffered such an injury, it is important to contact a Georgetown personal injury lawyer as soon as possible.

Georgetown, SC, Personal Injury Lawyer & Law Firm

Navigating the legal system alone is a daunting exercise. When you are recovering from a serious injury, it can be an even more overwhelming prospect. At Axelrod & Associates, P.A., we are proud to serve our clients by helping them obtain a full recovery through fair compensation.

Our lawyers can calculate the damages that may be available to recover in your case, file claims with the appropriate insurance companies, and file a personal injury claim against an at-fault party. We have extensive experience across a range of personal injury matters. To begin a full road to recovery, partner with a member of our team.

What Is a Personal Injury Claim?

A personal injury claim is filed in cases when an injury or loss was the direct result of someone else’s negligence or malicious intent. The legal premise of the claim is to hold a party responsible for failing to provide the duty of care they owed you. To have a legitimate personal injury claim, you and your attorney must be able to prove the presence of negligence. This is done by demonstrating the following points:

• Duty of care. You must show that the defendant owed you a duty of care.
• Breach of duty. You must show that the defendant, in some way, breached the duty of care they owed you.
• Cause. You must show that you suffered harm and that the breach of duty directly caused the harm you suffered.

What Kinds of Claims Do We Handle?

When searching for a personal injury lawyer in Georgetown, South Carolina, you’ll want to work with someone with proven experience in cases like yours. Our attorney team has successfully represented a range of personal injury claims for our clients, including the following:

• Auto accidents. Motor vehicle accidents can occur for a variety of reasons, including distracted driving, reckless driving, poor road conditions, and driving under the influence. South Carolina is an at-fault state, which means the at-fault driver and their insurance are responsible for covering all damages.
• Medical malpractice. Medical professionals and healthcare providers owe their patients a duty of care to provide accurate diagnoses, competent care, and appropriate prescriptions. Misdiagnoses, oversight, surgical or procedure errors, or filling an incorrect dosage of medication are all examples of medical malpractice.
• Slip-and-fall accidents. Slip-and-fall accidents can occur on public or private property and can cause significant harm to the victims. All property owners owe a duty of care to those with a right to be on the premises. They must reasonably maintain and care for the area. Dangers, such as spills, uneven walkways, poor lighting, or broken equipment or fixtures, are hazardous and can lead to personal injuries.
• Birth injuries. Complications during pregnancy or delivery can cause potentially severe issues that could lead to developmental disabilities or other injuries to the infant. Delaying a C-section, mishandling the baby, or administering the wrong medication could lead to nerve damage, fractures, or even brain damage.
• Wrongful death. Tragically, negligence can lead to the death of another person. When someone is killed or dies as a result of their injuries sustained from another party’s negligence, this is known as a wrongful death. In these cases, the victim’s family is entitled to recover the compensation for which they would have been owed had they survived.

Additionally, the family may be entitled to further damages for loss of consortium and other pain caused by the death of their loved one.

What Kind of Damages Can You Recover?

The law holds a negligent party responsible for damages by requiring them to provide compensation to the victim commensurate with the costs associated with the losses and injuries that resulted from their actions. There are several types of damages to which you could be entitled:

• Medical expenses. You should recover the costs associated with all medical bills related to your injuries. These include emergency services, hospitalizations, surgeries, medication, follow-up visits, medical equipment, and future medical expenses for necessary long-term care.
• Lost wages. Many personal injuries leave victims unable to work. They could be out of work temporarily while they recover from their injuries or permanently if they experience a serious, long-term injury. Your claim should seek to cover the lost income as a result of the missed work.
• Pain and suffering. There are also non-economic damages that seek to cover the toll a personal injury takes on the victim and their family. Physical pain, emotional turmoil, and overall anguish caused by the accident are all examples of non-economic damages. In cases of wrongful death, loss of consortium may also be a recoverable damage.
• Punitive damages. While most other damages are considered compensatory damages because they seek to compensate the victim for their loss, punitive damages seek to impose additional penalties on the negligent party as a means of discouraging similar future behavior.

These represent some of the more common types of damages for which you can seek compensation in a personal injury claim. Your attorney can help you determine what your case is worth by assessing the details of your accident, the extent of your injuries, and the evidence of fault on the part of the negligent party.

What Is Comparative Negligence?

In some cases, you may suffer a personal injury as the result of someone else’s negligence but also share fault in the accident. For instance, if you were struck by a vehicle that had run through a red light but were found to be texting, you could be deemed partially to blame for the collision since the distraction could have hindered you from otherwise avoiding it.

In a case like this, you can still recover damages. However, in Georgetown, under South Carolina code of laws, comparative negligence would factor into the final settlement amount.

With comparative negligence, the victim would recover a percentage of the gross settlement amount equal to the defendant’s percentage of fault. If you were found to be 20% at fault for an accident, the defendant would be 80% at fault, allowing you to recover 80% of the settlement amount. In a $50,000 settlement, this results in a net settlement of $40,000.

FAQs

Q: How Far Back Can You Claim Personal Injury?

A: Generally, you can file a personal injury claim as far back as three years. This assumes, however, that the injury or damages sustained were apparent at the time of the incident. If your injuries did not manifest until later, you may have three years from the date you could have reasonably discovered the injury from which to file a claim.

Q:What Three Things Must a Plaintiff Prove in a Negligence Case?

A: In a negligence case, a plaintiff must prove three components to successfully win their case and recover compensation. First, they must demonstrate that the defendant owed them a duty of care. Second, they must demonstrate that the defendant breached that duty of care in some manner. Lastly, they must demonstrate that the breach of duty directly led to the injuries or damages suffered as a result of the negligence. Sufficient demonstration can entitle you to recover damages.

Q: How Long Do You Have to File a Personal Injury Claim in South Carolina?

A: In South Carolina, personal injury claims generally have a statute of limitations of three years from the date of your injury. This time frame sets a deadline by which you can file a personal injury claim. After this point, you will lose your right to file a claim to recover any compensation. There are some exceptions, such as if the victim is a minor, in which case they will have three years from the time they reach adulthood.

Q: What Happens When You Make a Personal Injury Claim?

A: When you file a personal injury claim, you begin by filing a complaint with the court outlining your injuries, the alleged negligence on the part of the defendant, and the amount of damages sought. The defendant is served a copy of the complaint to which they must respond.

A discovery phase follows, allowing both sides to gather information and evidence, and a settlement is sought through mediation, negotiation, or litigation. Finally, a decision is reached, and compensation may be awarded.

Contact Your Georgetown Personal Injury Lawyer Today

By working with a qualified and experienced personal injury attorney, you can work toward a full recovery that includes the compensation you deserve and the support you need. The team at Axelrod & Associates, P.A., is ready to help you obtain the most favorable outcome possible in your case with compassionate care and tenacious advocacy. If you’ve been injured as a result of another party’s negligence, contact our office today.