Any injury is frustrating, resulting in physical pain and potential financial stress. This situation can be more overwhelming and upsetting if the injury should have been avoidable if not for the negligent or reckless actions of another party. If you have to spend significant time recovering, you may be dealing with substantial hospital bills and weeks or months of lost income.
When another party is at fault for an accident, such as a slip and fall accident, car accident, product liability injury, or other situation, you can hold that party responsible through a personal injury claim. In some circumstances, you can file an insurance claim and a personal injury claim, covering medical costs and lost wages. These claims hold that individual, institution, or corporation responsible for their actions, allowing you to cover essential financial needs. Working with a personal injury attorney in Longs, SC provides you with the greatest chance of success when filing your claim and recovering the full scope of damages available to you.
Navigating the civil court system in ordinary circumstances can be complex and confusing, and it is even harder when you are actively recovering from injuries. Axelrod & Associates has over 100 years of combined experience in law and years of successful work on personal injury cases. We want to leverage that experience in your favor to:
We know how frustrating this situation can be, and we want to lessen the stress you’re dealing with by handling complex legal issues in your stead. We are proud to fight for the rights of those in our community.
A personal injury claim is filed based on the idea of negligence. You can’t file a successful personal injury claim simply because you are injured. The injury and/or accident must have been caused by another party’s negligence, malice, or other careless action. A successful personal injury claim requires you to prove the following:
All these things must be proven to hold the other party at fault for your damages. If the party you are holding at fault acted with the same level of care as anyone with their knowledge and experience, it’s unlikely that a personal injury claim will get you compensation.
There are several types of personal injury claims, and each has unique legal needs, evidential requirements, and levels of duty of care. It’s important to hire an attorney who has extensive experience with the type of personal injury claim you are filing, as they can be more effective at handling the requirements and avoiding common mistakes. At Axelrod & Associates, we have experience with many types of personal injury claims, including:
Motor vehicle accidents are among the most common causes of personal injuries, which are frequently caused by negligent driving. A driver may be at fault for an accident because of negligent actions such as:
These accidents can also involve pedestrians, motorcyclists, and bicyclists. South Carolina is an at-fault state for car accidents, which means that a driver can file with the at-fault driver’s insurance provider to cover their damages. However, these insurance claims may not cover all damages, especially if injuries or property damages were severe. When an insurance claim does not recover the full extent of damages, you can file a personal injury claim.
Slip and fall accidents may sound like they aren’t serious, but they can result in severe injuries such as traumatic brain injuries, broken bones, and spinal injuries. A slip and fall accident could be caused by:
Both public and private property owners have a responsibility to fix or warn of these hazards in a reasonable amount of time. If you were legally on the property and were injured because of unattended hazards on the grounds, you can hold the property owner responsible.
Medical malpractice occurs when a healthcare provider acts or fails to act to the industry standard and is negligent with the care that they provide to their patients. This may include actions such as:
Medical malpractice can cause severe injury, psychological harm, and death. Negligent healthcare providers and their hospitals or healthcare institutions can be held liable for these actions.
In many cases, an injury sustained at work results in a workers’ compensation claim, which can be filed even if there is no one at fault. However, there are some unique cases where an employee can file a personal injury claim in addition to a workers’ compensation claim. This includes:
This form of personal injury occurs when a product is defective, dangerous, or fails to have sufficient warning labels. Consumers who are injured by products can hold the at-fault party responsible, which may include distributors, designers, or manufacturers.
South Carolina law holds dog owners strictly liable for harm done by their dogs, even if the owner was unaware of an animal’s aggression. To hold an owner liable, you must have:
Elderly residents of nursing homes can be vulnerable to abuse by caregivers, including:
Caregivers at long-term care facilities and nursing homes have a duty of care to their residents.
A: The amount of time that a personal injury claim takes to reach a settlement depends entirely on the unique circumstances of the case. This includes:
A claim may take a few months or up to several years. A claim that requires significant negotiations with unwilling insurance providers or at-fault parties, or one where you suffered severe and ongoing injuries, is likely to take several years.
A: The percentage of an award that an attorney receives in a personal injury claim is generally 33% to 40% of the final settlement. A personal injury attorney often works on a contingency fee, meaning that there are no upfront or hourly attorney costs. There will still be court costs, but you don’t owe the attorney anything if you do not win your claim. Your attorney will receive a portion of the final settlement if they win your claim. Most individuals receive much more in a personal injury claim from working with an attorney than handling it alone.
A: On average, you can expect the first check or lump-sum payment within 1 to 2 months after a settlement is reached in your personal injury claim. This timeline varies based on the complexity of your unique case, and it could also be held up due to an insurance company or your bank. The settlement itself could take months to years, and your attorney can help you know what to expect from the case and after the settlement.
A: In a personal injury claim, you can receive financial compensation for any physical, financial, or emotional damages caused directly by the accident or injury. These damages may include:
These damages will vary based on the specific losses you suffered in your case and whether you were injured or lost a loved one due to a personal injury.
Axelrod & Associates is highly experienced with many facets of personal injury law. If you need compensation for a personal injury, contact our team.