Myrtle Beach Personal Injury Lawyer

Personal Injury Attorney in Myrtle Beach, SC

Most people do everything in their power to remain safe. Although you may take great care of yourself in your day-to-day activities, your safety is not always within your control. Other people’s choices and actions can put you in harm’s way and cause serious damage.

Fortunately, personal injury law allows you to take action if someone else’s poor behavior harms you. You may be able to get compensation if someone was negligent and caused your serious injuries. However, no matter your situation, you will need an experienced Myrtle Beach attorney to help you.

Experienced Personal Injury Lawyers in Myrtle Beach, SC

If you have been injured due to someone else’s negligence, the Myrtle Beach personal injury attorneys at Axelrod & Associates are here to help you recover the maximum compensation you are entitled to under SC law.

Whether you have been harmed physically, mentally, or financially, the personal injury lawyers on the Axelrod team have the experience you need to hold the responsible party accountable and to recover damages in most types of personal injury cases including:

• Auto accidents
• Slip and fall and other premises liability cases
• Nursing home abuse and neglect
• Medical malpractice claims
• Wrongful death and survival actions
• Products liability
• Dog bites and animal attacks
• Boating accidents

What Are Personal Injury Cases?

Although many people are familiar with the idea of a personal injury claim, few understand what it actually entails. A personal injury claim allows the victim of an accident or injury to take legal action against the person who caused the accident or injury. This gives victims justice when someone else causes them harm.

However, not all accidents and injuries are eligible for a personal injury claim. To file a claim, the responsible party must have been acting negligently or maliciously when they caused the accident. This prevents individuals from being held responsible for events that were out of their control. It also allows victims to receive proper financial support when someone’s actions were responsible for their injuries.

What Are the 4 Elements of Negligence?

Negligence looks differently depending upon the situation. Car accidents, slip and fall cases, dog bites, and medical malpractice all fall under the umbrella of personal injury cases. Of course, negligence will vary within each of these offenses. However, there are four elements of negligence to look for regardless of the situation. These elements are:

1. Duty of care. The accused individual had a responsibility to act in a certain way.
2. Breach of duty. The accused individual failed to act in the manner that was expected of them.
3. Causation. Failing to act in the manner that was expected of them caused an accident to occur.
4. Damages. The accident or event that resulted caused physical, emotional, or financial damages.

If your attorney can irrefutably prove the above four elements of neglect, the court will likely grant you a settlement for the damages.

Types of Personal Injury Cases in South Carolina

There are many different types of personal injury cases that you may experience. If you are aware of them, you can better prepare for your claim.

Car Accidents

Automobile accidents are by far the most common kind of personal injury case. This is because most people drive their cars daily, so there is a significant opportunity for collisions to occur.

A car accident only warrants a personal injury claim if the driver responsible was driving negligently when they caused the accident. Negligence in driving means disobeying any rules of the road, traffic signs or signals, or driving irresponsibly.

Common examples of car accident negligence include:

• Driving while under the influence of drugs or alcohol
• Speeding, swerving, or executing any dangerous maneuvers
• Texting, talking, or otherwise using the phone
• Engaging in road rage impulses
• Turning to engage with passengers in the back seat
• Eating
• Watching something on the side of the road

These are just a few examples of how negligence can cause car accidents. If you are in a car accident that was caused by one of these, you may have grounds to file a personal injury claim.

Medical Malpractice

When patients visit a clinic, doctor’s office, hospital, or other medical setting, they trust the professionals to care for them. Although medical professionals are not miracle workers, they are still capable of being grossly negligent and causing damage.

Common types of negligence in medical settings include:

• Failing to perform hygiene tasks on patients.
• Leaving a patient in a single position for too long, causing bedsores or atrophy.
• Operating on the wrong limb, side of the body, or patient.
• Leaving operating tools inside of the body cavity after surgery.
• Failing to diagnose an illness that should have been apparent.
• Misdiagnosing based on insufficient evidence or false information.

Medical professionals are meant to help their patients, not harm them. If you have been harmed by a medical professional, you may have a personal injury claim against them.

Premises Liability

When you go into public places such as stores, bars, restaurants, offices, etc., the owner of the building is responsible for your safety. They are required to keep the facility up to city code so that it is safe for patrons. If, for some reason, parts of the building are not safe, they are required to put out signage to warn patrons of the danger. If they fail to do this, they are responsible for any injuries that result from their negligence. Slip and fall cases are a common type of premises liability case that results from wet or slippery floors that are left unlabeled.

Dog Bites

Although most dogs are friendly, they can be dangerous under the wrong circumstances. It is a dog owner’s job to keep their pet from harming other people. If an owner fails to do this, they are liable for any injuries that result.

There are only two instances in which a dog can legally bite someone:

• If the person provoked them
• If the person is trespassing on the dog owner’s property

In all other scenarios, dog bites are eligible for personal injury claims.

Wrongful Death

Unfortunately, victims of negligence do not always survive their injuries. When this happens, the family can file a wrongful death case against the person who caused the accident. Although this cannot undo the pain and suffering that the family is enduring, it can help to provide money for funeral and burial expenses. It can also help to compensate for the loss of income that the family experiences due to the loss of their loved one.

If a member of your family passed away as the direct result of someone else’s negligence, you may be able to achieve a personal injury settlement through a personal injury attorney.

How A Myrtle Beach, SC Personal Injury Lawyer Can Help You

If you have been injured and you believe you may have a claim for damages, your Myrtle Beach personal injury attorney on the Axelrod team will:

• Meet with you to learn about your case and to answer your questions
• Investigate the incident, using private investigators and experts when needed
• Gather the evidence you will need to prove liability and damages
• Identify all responsible parties and sources of recovery
• Negotiate with the at-fault parties or their insurance companies for full and fair compensation for your injuries
• File a personal injury lawsuit if they do not pay
• Try your case to a jury if your claims are not settled for full value

FAQ About Myrtle Beach, SC Personal Injury Laws

If you have been hurt because of someone else’s negligence, you may have questions.

Below, we provide some general information, but you should contact a Myrtle Beach personal injury lawyer immediately to discuss the specifics of your case and to find out what your options are.

What is the Statute of Limitations for Personal Injury Claims in SC?

Most personal injury claims in SC must be filed within three years of the incident, but there are many exceptions to the rule.

Contact an attorney immediately after the incident so that your claims can be investigated while events are still fresh in the minds of witnesses and before evidence is lost. Don’t wait until the last minute – many attorneys will not accept your case if there is no time to competently investigate your claims before filing suit.

If you aren’t sure how long you have to file a claim, contact your personal injury lawyer immediately to ensure your claim is filed before the statute of limitations runs.

What Kind of Compensation Can I Get in a Personal Injury Case?

You are entitled to recovery of all losses that you suffered as a direct result of the incident and compensation for the suffering that was caused by the incident, including:

• Medical costs and future medical expenses, including medications, medical equipment, in-home care, and long-term care, when necessary,
• Lost wages and lost future earning potential,
• Property damage,
• Loss of consortium and loss of companionship,
• Disfigurement or scarring,
• Other expenses that were incurred because of the incident,
• Pain and suffering
• Wrongful death and survivor damages including burial expenses, and
• Punitive damages when appropriate.

What if I was Partly at Fault for the Accident?

If an accident was your fault, you cannot file a lawsuit or recover damages.

If a jury finds that you were partially at fault for the accident, however, you can still recover damages if you were 50% or less at fault, under SC’s modified comparative negligence rule. Your damages will be reduced by the percentage of fault assigned to you, up to 50%, but, if you are more than 50% at fault for the accident, you recover nothing.

How Much Does a Personal Injury Lawyer Cost in Myrtle Beach, SC?

Wondering about the cost of a personal injury lawyer in Myrtle Beach? Most personal injury cases are accepted on a contingency basis – we don’t get paid unless you recover. If we win your case, we are paid a percentage of the recovery as attorney fees.

What If I’m Not Sure I Have a Case?

If you are not sure whether you have a valid personal injury claim, call our attorneys for a free consultation. We will look at the facts of your case and help you to determine whether there is liability, damages, and a source of recovery that would justify filing a lawsuit.

Does Your Law Firm Use Experts and Investigators in Personal Injury Cases?

We use expert witnesses and investigators for 1) consulting and 2) trial testimony whenever they are needed.

Some examples include:

• Private investigators to locate and interview witnesses,
• Accident reconstructionists to help determine liability in auto accidents,
• Economists and life-care planning experts to help establish damages,
• Medical experts to establish the cause and extent of your injuries,
• Mental health experts to diagnose and testify about PTSD or other mental injuries,
• Vocational experts, and
• Technical experts to explain any issue that requires specialized knowledge to the jury (and to us).
• How Long Does It Take to Settle a Personal Injury Case?
• It depends on the facts of your case.

We cannot demand payment until we know the full value of your claim – after you have completely finished treating all injuries or when we have retained an expert witness to calculate your future medical expenses.

In many cases, the insurance adjuster will delay payment as long as possible, requiring us to file suit, take depositions, and litigate the case before they agree to pay.

In some cases, an insurance company will pay quickly once you have an attorney on the case that they know will go to trial.

In other cases, the insurance company (or a corporate defendant) will force you to try the case and prove 1) liability and 2) damages to a jury.

We strive to settle our cases quickly whenever possible, and you decide when to accept a settlement offer. But we also strive to ensure our client’s case settles for the full value of their claim, and we will give you straightforward and honest advice as to whether you should accept a settlement offer or take your case to trial.

GOT AXELROD?

You do not have to suffer alone after an accident. With the help of a personal injury attorney, you can achieve the financial compensation and support that you deserve.

If you have been injured due to someone else’s negligence, the Myrtle Beach personal injury lawyers at Axelrod & Associates may be able to help you to get maximum compensation for your injuries.

Call 843-916-9300 or complete our contact form for a free initial consultation.