Marion Personal Injury Lawyer

Marion Personal Injury Attorney

The term “personal injury” can apply to any situation in which one party causes harm to another party through intentional misconduct or negligence. It’s possible for personal injuries to occur in unexpected ways, often leaving victims wondering how they can recover and who is liable for their damages. If you or a family member recently suffered any kind of harm because of the actions of another party, a Marion personal injury lawyer is an important resource who can help determine your most viable recovery options.

Helping Personal Injury Victims Recover in Marion, SC

The attorneys at Axelrod & Associates, P.A., have successfully represented many past personal injury cases for clients in Marion and surrounding communities. Whatever type of personal injury case may be ahead of you, we know the unique challenges you could face as you seek compensation for your damages. Every victim deserves appropriate compensation for their losses, and they need appropriate representation to secure it. When you choose our firm to represent your case, our goal will be to help you recover as fully as possible as quickly as possible. The sooner you contact our team, the sooner we can begin working on your case.

How to Prove Fault for a Personal Injury in Marion

Before you can recover any compensation for the losses you suffered, you must prove fault for the incident and prove the full extent of the damages the at-fault party inflicted. Most of the personal injuries reported throughout the state each year are the result of negligence, or failure to exercise reasonable care in specific situations. For example, a driver has a duty of care to operate their vehicle attentively, and distracted driving would be a breach of this duty of care.

Your attorney can help gather the evidence and testimony you may need to establish liability in your personal injury case. The types of evidence you may need will depend on the type of personal injury you experienced. At Axelrod & Associates, P.A., we regularly represent clients in all types of personal injury cases, including:

• Motor vehicle accident claims. Car, truck, and motorcycle accidents are common causes of personal injuries throughout the state each year. When these incidents happen, the state’s fault rule dictates that the at-fault driver is responsible for all resulting damages. The recovery process after a car accident begins with an auto insurance claim. If the at-fault driver’s insurance cannot fully cover your losses, then you can file a personal injury claim against them to recover the remaining balance of the damages they caused.
• Premises liability claims. Every private property owner in the state is required to ensure their property is free from foreseeable safety hazards. If a property owner notices anything that could potentially harm a lawful guest or visitor, they are required to fix the problem or post a clearly visible warning sign to prevent injuries. Failing this, a property owner could face responsibility for a victim’s damages if they suffered a slip and fall or similar injury on their property under South Carolina’s premises liability laws.
• Medical malpractice cases. Filing a personal injury claim against a medical professional is very different from filing a personal injury suit against another private party. This type of case is subject to special rules that you must understand before you can file your case, and state law limits how much pain and suffering a plaintiff may claim per defendant. However, it is still possible to recover substantial compensation from a successful medical malpractice claim if you have the right attorney handling your case.
• Catastrophic injury claims. Unfortunately, some victims of personal injuries are unable to make full recoveries due to the severity of the harm they have suffered. If your personal injury caused any kind of permanent disability, you have the right to claim full compensation for the immediate and future economic damages you face from the incident, along with substantial pain and suffering compensation. Spinal cord injuries, severe burns, and traumatic brain injuries often qualify as catastrophic due to the severity of the long-term effects these injuries often cause.

These are only a few examples of the types of personal injury cases our firm has successfully represented on behalf of clients in Marion and surrounding areas. In the immediate aftermath of any personal injury, one of the most important things you can do to increase your chance of recovering as fully as possible is to find an experienced Marion personal injury attorney to represent your case as soon as you can. You have a limited time to pursue compensation, and the sooner you begin your case, the more likely you are to not only succeed but also maximize your final case award.

Your Marion personal injury attorney can help identify the types of evidence you may need to establish fault for your damages. This will vary based on the type of personal injury you experienced, and it is possible for multiple forms of evidence to be necessary to firmly establish liability for your damages. For example, if you must prove fault for a car accident, you may need eyewitness statements, traffic camera footage, vehicle computer data, and the other driver’s cell phone records to prove liability.

Expert witnesses may come into play in some personal injury cases and are required for medical malpractice claims. An expert witness is an individual with significant professional experience in a specific discipline who can provide detailed insights into the most complex aspects of a case. They can explain technical details and convey complex concepts in understandable ways to assist the court in ruling on a personal injury case. Accident reconstruction experts, engineers, and medical professionals commonly act as expert witnesses in many personal injury cases.

Claiming Compensation for Your Personal Injury in Marion

Proving liability is the first challenge you face in your personal injury case. Once you have proven fault, you can proceed with claiming compensation for the losses you suffered, and you may have grounds to claim more than you may expect at first. Under the state’s personal injury statutes, the plaintiff has the right to seek full compensation for all economic losses the defendant inflicted with their negligence or illegal misconduct. The claimable economic damages in your personal injury case may include:

• Medical expenses. Most personal injury claims filed in Marion pertain to physical injuries. If a defendant has caused physical injuries with their negligence or misconduct, they are liable for all the medical treatment costs the victim incurs to reach maximum medical improvement from their injuries. This includes future rehabilitation costs as well if the victim suffered a serious injury requiring ongoing care.
• Property damage. When a defendant has damaged your personal property, you have the right to claim repair or replacement costs in your personal injury suit. If you were injured in a motor vehicle accident, the at-fault driver’s insurance may offer some valuable initial compensation, but any property damage you cannot recover through insurance may be cited as economic damages in your personal injury claim.
• Lost income. It’s likely that a personal injury will leave the victim unable to work while they recover from their injury. If this applies to your case, the defendant is responsible for any income you were unable to earn due to the harm they inflicted. The same applies to the value of vacation time or paid time off you were forced to use after your injury.
• Lost future earnings. When a defendant has inflicted a permanent injury of any kind that inhibits your ability to work in the future, they can face liability for the future income you are no longer able to earn. Your Marion personal injury attorney can help calculate how much you would have reasonably expected to earn in the future if the defendant had not injured you.

An experienced Marion personal injury attorney can help calculate the full extent of immediate and long-term economic damages you can claim from the defendant, but your recovery does not end there. You can also seek compensation for the pain and suffering you experienced. Your attorney can help determine a suitable amount to reflect the physical pain and psychological distress you experienced because of the defendant’s actions, and there is no limit to how much pain and suffering compensation you can claim for a personal injury, with the sole exception of medical malpractice cases.

Axelrod & Associates, P.A., can provide comprehensive legal support through all stages of your personal injury case. We will help gather the evidence needed to prove fault, show the full extent of your damages, and assist you in recovering as fully as possible in the shortest possible time. The sooner you contact our team, the more time we have to work on your case, and the more likely you will be to maximize your total compensation.

Personal Injury Lawyer FAQs

Q: How Do I Win My Personal Injury Suit?

A: Success with any personal injury claim requires firm proof of fault for the damages you suffered. You will need to identify the person or persons responsible for causing your injury, prove the full extent of the damages they caused, and then establish a causation between their actions and your claimed losses. In other words, you must be prepared to show that your damages resulted from the at-fault party’s actions and not some other cause.

Q: Can I Still Claim Compensation if I’m Partially at Fault?

A: Yes, it is possible for you to bear partial liability for causing your recent personal injury and still recover damages. However, under the state’s modified comparative fault rule, you will lose a percentage of your case award equal to your percentage of fault, and you can only claim partial compensation if you are less than 50% at fault. The judge reviewing your case will assign fault percentages to each liable party. If you are 50% or more at fault, this will prevent you from recovering compensation from the defendant.

Q: How Much Is My Personal Injury Claim Worth?

A: The plaintiff in a personal injury case has the right to seek full repayment of all the economic damages that the defendant inflicted. These may include immediate and future medical expenses, lost income, lost future earning potential, and property damage. Additionally, they will have the right to claim pain and suffering compensation that reflects the physical pain and emotional distress they experienced because of the defendant’s actions. South Carolina law only limits pain and suffering compensation in medical malpractice cases, so it is possible for this to be the largest portion of your total recovery if you suffer severe injuries.

Q: How Long Does It Take to Resolve a Personal Injury Case?

A: Most of the personal injury cases filed in Marion and surrounding communities are resolved in private settlement negotiations. This process enables both the plaintiff and the defendant to avoid the time investment and additional expense of litigation as long as they are willing to compromise on a mutually acceptable resolution to the case. If the case cannot be settled and litigation is necessary, it can take several months to more than a year, depending on the complexity of the case and the extent of the damages.

Q: How Much Does It Cost to Hire Marion Personal Injury Lawyers?

A: It’s understandable to have concerns about the potential cost of hiring the legal representation you will need for your impending personal injury case, but the team at Axelrod & Associates, P.A., can assist you with your case without adding to your financial concerns. We take personal injury clients on a contingency fee basis. This means you only pay a fee if and when we win your case, and your fee is a percentage of the total amount recovered. If our firm is unable to secure compensation for you, there is no fee at all.

Experienced legal representation is a tremendous asset, no matter what your personal injury claim entails. When you have the right attorney handling your case, they can make every aspect of your recovery efforts easier to handle and more likely to generate the results you hope to see. If you are ready to learn what a Marion personal injury attorney can do for you in your case, contact Axelrod & Associates, P.A., today to make an appointment for a consultation with our team.