Mount Pleasant Personal Injury Attorney
Personal injury law is a crucial legal system for holding negligent parties responsible for the injuries and damage they cause as a result of their actions. Personal injuries can result from a wide range of possible incidents. If you suffered harm because of another party’s negligence, it is important to speak with a Mount Pleasant personal injury lawyer as soon as possible.
A skilled and experienced attorney can assess the details of your case and identify any and all liable parties. Whether your case goes to trial or is settled out of court, working with a Mount Pleasant attorney can be crucial for securing and obtaining a favorable outcome.
Mount Pleasant, SC, Personal Injury Lawyer & Law Firm
The team at Axelrod & Associates, P.A., has over a century of combined experience helping clients in Mount Pleasant and surrounding areas recover damages from negligent parties. Our track record of success is rooted in the care we take with each client as we develop personalized case strategies for every individual. We combine compassionate care with aggressive advocacy to secure a fair and favorable settlement that represents the recovery you deserve.
If you believe another party has caused you harm, your Mount Pleasant injury lawyer can discuss the details of your case with you, identify liable parties, and fight for proper compensation.
What Types of Personal Injury Claims Do We Handle?
When choosing a personal injury lawyer, it is helpful to work with someone who has proven experience handling cases that are similar to yours. While no two cases are the same, you’ll want to hire an attorney who is experienced in the particular areas of practice involved in your claim. Over many years, our team has effectively represented clients in the following types of personal injury cases:
- Auto accidents. Car accidents represent one of the most common types of personal injury cases. Collisions are incredibly common, yet many drivers do not receive a full or fair recovery from at-fault drivers’ insurance companies. Pursuing a personal injury claim against an at-fault driver or their insurance company with a qualified attorney is the most effective means of securing a favorable settlement.
- Bicycle accidents. Accidents involving cyclists are becoming more common in urban areas as the rise in commuting on bikes has led to an increase in collisions with other vehicles. Motor vehicle negligence and road hazards can commonly lead to these types of accidents.
- Boating accidents. The Mt Pleasant area has several popular boating destinations, and accidents on watercraft can be serious. A personal injury attorney could prove crucial to gathering the necessary evidence to hold at-fault parties responsible.
- Slip and fall injuries. It is common for individuals to experience an injury due to a slip and fall accident. In most cases, this is the result of hazardous conditions on another party’s property, such as a business. These accidents can lead to serious injuries.
- Dog bites. When injuries are caused by a pet, such as a dog, these cases fall under personal injury law, often involving owner negligence. When an individual is bitten or otherwise injured by a dog, you could recover compensation from the owner due to the local strict liability law.
- Medical malpractice. As a subset of personal injury law, medical malpractice cases have their own unique elements to keep in consideration. For example, you must obtain testimony from another medical professional testifying to the validity of the claim of malpractice in order to legally file a claim.
- Вirth injuries. These types of medical malpractice cases are serious and often include long-term injuries to the baby or its mother. Birth injuries can result from improper prenatal care or malpractice during delivery and can lead to brain damage, nerve damage, and fractures.
- Traumatic brain injury (TBI). This type of injury can lead to life-long disability and can result from medical malpractice or an accident. Unfortunately, a TBI is a common example of what can happen when a medical professional fails to provide accurate care.
- Product liability. Manufacturers can be held liable for defective or malfunctioning products that cause injuries to customers. Additionally, if a product lacks sufficient instructions or warnings, a manufacturer could also be held liable for any injuries that result from reasonable, normal use of the product.
- Wrongful death. Many different types of negligence can lead to death. When a death is caused by someone else’s negligence, the decedent’s loved ones can pursue a personal injury claim in their place. This usually involves seeking the same compensation for which their loved one would have been entitled had they survived, in addition to further compensation for loss of consortium and other related damages.
With experience in these and other areas of personal injury law, the attorneys at Axelrod & Associates, P.A., can have a significant impact on the outcome of your case. Your lawyer can utilize legal knowledge and negotiating skills to help you receive a full recovery for your damages.
What Kind of Compensation Can I Recover in My Personal Injury Claim?
When you file a valid claim against an at-fault or negligent party, you are afforded the right to recover compensation for the injuries and losses you experienced on account of their actions. For a typical personal injury case, your settlement will include some combination of the following damages:
- Economic damages. These damages, also called special damages, include any calculable financial losses experienced as a direct result of the personal injury that occurred. These can include, but are not limited to:
- Medical expenses. Any medical bills related to the injury, past or future, should be covered by your settlement, such as hospital bills, medication, medical procedures, follow-up care, medical equipment, and emergency services.
- Lost income. Injuries can leave individuals unable to return to work either temporarily while recovering from their injury or permanently if they experience a long-term injury that hinders their ability to return to the same line of work. These lost wages or the loss of earning capacity should be factored into the settlement amount.
- Property damage. All costs associated with repairing or replacing any personal property, such as a car or home, that was damaged in the incident in question should be covered by your settlement.
- Non-economic damages. These damages, also called general damages, include any compensation that seeks to cover losses that cannot be easily evaluated. Pain and suffering, which includes compensation for the physical pain, emotional distress, or mental anguish that is experienced on account of the injury or incident, is usually included in the settlement amount.Additionally, the loss of enjoyment of life, which acknowledges the negative impact that experiencing an injury can have on a victim, hindering their normal activity and routine, can also be included.
- Punitive damages. Unlike economic and non-economic damages, which are compensatory damages intended to return the victim to wholeness, punitive damages are added to some settlements by a judge who wishes to penalize the defendant further.In these rare cases, offenders who demonstrated particularly egregious negligence, such as excessive speeding or driving while intoxicated, can experience harsher punishment as a means of discouraging future similar behavior.
In most personal injury cases, those who choose to work with an experienced attorney are able to recover greater compensation than those who attempt to file a claim without representation.
Your lawyer can assess the details of your case, identify negligent parties, and evaluate the extent of your losses and the severity of your injuries to determine a fair compensation amount. Their willingness to go to court to secure this recovery can pressure the defense to settle out of court through alternative means of resolution, such as mediation.
What Is the Process of Filing a Personal Injury Claim?
Filing a personal injury claim in South Carolina involves several stages. Generally, you can expect to proceed with the following:
- Seek medical attention. If you’ve suffered a personal injury, no matter what the cause, it is vital that you seek immediate medical attention. Your safety and health is the most important concern. As you seek care, be sure to keep careful track of all medical records, as these will prove valuable when demonstrating the extent of your losses to establish a settlement amount.
- Work with a personal injury lawyer. The initial consultation with your attorney can help you assess the details of your case and come to a general evaluation of what your case may be worth. From here, your lawyer will be able to walk with you through the rest of the legal process, ensuring you have all the required documentation.
- Investigate. After your consultation, your attorney can conduct a thorough investigation, during which they can gather evidence, interview eyewitnesses, and develop a case strategy. Gathering evidence as soon as possible following the incident is crucial, as waiting too long may risk losing the opportunity to procure key evidence.
- File the claim. After the investigation, you can formally file a claim against the at-fault party, detailing the nature of the incident, the evidence for fault, the extent of your injuries, and the amount of damages you are seeking as compensation.
- Negotiate with the defense. Your attorney can conduct back-and-forth negotiations with the defense and their legal team or insurance companies. Generally, most insurance companies and defense attorneys will prefer to settle a claim out of court in order to save on higher costs or risk harsher penalties if they lose. As a result, most cases can reach a resolution at this stage.
- Go to court. For those cases that are unable to reach a settlement through negotiation, you can file a case against the at-fault party to be settled in court. Court proceedings will then be scheduled. Your attorney can represent you throughout this process, protecting your rights and securing your compensation.
- Proceed with pre-trial procedures. A discovery phase will follow the establishment of a court date. During this phase, both sides will share all evidence they have in the case. At this time, both sides will be encouraged to continue with alternative resolution methods, such as mediation, to settle before going to trial.
- Go to trial. Finally, if no further settlement can be reached, your case will be heard before a judge or jury, and a final settlement will be decided.
Q: What Percentage Do Most Personal Injury Lawyers Take?
A: Most personal injury lawyers work on a contingency fee basis, which means that a percentage of the final settlement amount from your case will go to the attorney to cover the legal fees and services provided. This percentage tends to be between 33%-40% but can vary depending on the lawyer’s experience, the complexity of the case, and whether or not the case goes to trial. Your attorney only collects this fee if they win your case.
Q: What Is the South Carolina Statute of Limitations on a Personal Injury?
A: In South Carolina, the statute of limitations on personal injury cases is three years. This timeframe begins on the date the injury occurred. If a personal injury claim is not brought within this timeframe, the plaintiff could lose the right to pursue compensation. In some cases, the deadline may be extended if the injury is not immediately apparent, moving the statute of limitations to three years from when the injury could have reasonably been detected.
Q: Can You Sue for Pain and Suffering in Mt. Pleasant South Carolina?
A: In Mount Pleasant, South Carolina, pain and suffering fall under non-economic damages, or general damages, which can be recovered in a personal injury claim. When filing a personal injury claim, you can pursue compensation for both economic and non-economic damages.
In a successful case, your settlement would include recovery for pain and suffering, which represents the physical pain, emotional distress, and mental anguish experienced on account of the injury.
Q: What Is the Negligence Statute in South Carolina?
A: The negligence statute in South Carolina states that an individual is able to pursue compensation in a personal injury claim even if they share fault for the accident, provided they are less than 50% at fault. This is known as comparative negligence and allows a plaintiff to recover damages equal to the percentage of fault by the other negligent party. If you were found to be 25% at fault, you could still recover 75% of the total settlement.
Contact Your Mount Pleasant Personal Injury Lawyer Today
It can be difficult to experience the aftermath of sustaining an injury as the result of someone else’s negligence. If you’ve been injured, it is most important to ensure you can focus on recovering.
By working with a Mount Pleasant personal injury lawyer, like those at Axelrod & Associates, P.A., you can rest, trusting that we can take care of the legal process on your behalf. Securing a fair and full compensation award is the most effective means to reach a full recovery.
If you’ve been injured, don’t wait to contact our office to begin discussing your case during an initial consultation. The sooner you begin working with an experienced attorney, the sooner you can begin the process of seeking compensation.