North Charleston Personal Injury Lawyer

North Charleston Personal Injury Attorney

A personal injury happens when someone suffers a physical injury, property damage, financial injury, or psychological cost because of the negligence of someone else. Often, it is several of these at once. The party who caused these injuries is responsible for providing restitution, and a North Charleston personal injury lawyer can be crucial when seeking it.

A lot of different situations could potentially fall into the category of personal injury. Many of them are more familiar, such as car accidents or medical malpractice. Others, such as premises liability issues and dog bites, might not be as well-known, but they are significant when they do happen.

Filing a Personal Injury Claim With a North Charleston Personal Injury Law Firm

A personal injury claim is a legal tool that allows those who’ve been injured by the negligence of others to seek compensation for the costs that they’ve incurred. Sometimes, it can be necessary to go through a trial. In others, having a lawyer negotiate on your behalf is enough to reach a fair settlement.

At Axelrod & Associates, P.A., we can use whatever options are available to us to fight for our clients’ restitution. If that can be found through a settlement, we can negotiate a fair offer but, if not, we are prepared to take the claim to trial.

How a North Charleston Personal Injury Lawyer Can Help You Seek What You’re Owed

In the process of seeking fair compensation for you, we take on a number of different roles, usually beginning with the circumstances surrounding your injury in North Charleston, SC.

Investigator

Most injuries are the product of an accident or some other incident, and we look closely at those situations to understand who the liable party or parties may be. We also look for evidence that can be helpful in proving that liability, should the claim need to go to trial. Our team also searches for anything that could be useful in defending against any accusation of fault against you, as those could reduce your compensation.

Negotiator

In most personal injury cases, it will be an insurance company that is responsible for paying the compensation that you’re owed. There will likely be an attempt to negotiate a settlement before entering into a lengthy and expensive legal battle. Having a lawyer negotiate on your behalf can be beneficial because the insurance companies know that a lowball offer won’t go anywhere and that the implicit threat of going to court is very real. This can lead to a more willing partner in the negotiation process.

Litigator

An agreement can’t always be found, though. If the case needs to go to trial, we can be prepared. We can use what evidence and testimony is available to us to demonstrate the liability of the defendant as well as argue against any claim that you were liable. Our attorneys can also show how the costs that you’re seeking damages for were a result of the injuries that the defendant caused. We can fight and use every legal means we can to get the compensation you deserve.

Proving Fault in a Personal Injury Claim

Proving fault in a personal injury claim is crucial, as it is this process that proves why the defendant should be responsible for paying compensation for the injuries that the plaintiff suffered. Generally, this will mean proving three components of negligence:

• Duty to Care – This means showing that the defendant in a claim had a duty to take reasonable action to protect those around them from any risk that their activities or property may cause. This will be a little bit different in every case, and your lawyer must describe the expectations and standards that existed in the situation in which your injury occurred.
• Breach of Duty – This is a failure to live up to the duty to care. Your lawyer must demonstrate what the actions and behavior of the defendant were in the circumstances surrounding your injury. They must also be able to explain how and why those actions failed to meet the duty to care.
• Cause of Injury – Finally, your lawyer must be able to show that the breach was the direct reason why your injuries occurred. This often means demonstrating:
  1. How the breach led to some kind of accident or incident
  2. How that incident was the direct cause of the injuries that you suffered

Compensation Awarded in a Person Injury Claim

The compensation in a personal injury claim must also have a direct link to the breach, so this means that your lawyer must be able to show how the costs were a direct result of the injuries that were suffered. These costs will generally be paid out in two different forms of damages:

• Economic Damages – These cover the clear financial costs of the injury, including medical bills, property damage, and lost wages. If your injuries are serious enough to create future costs as well, such as future medical costs or lost earning capacity, those are addressed through these damages.
• Non-Economic Damages – The non-financial costs of an injury are addressed through these damages. These will generally be psychological or emotional costs, like pain and suffering or mental anguish. The money doesn’t fix these issues, but it can make them easier to manage.

FAQs for Personal Injury Attorneys

Q: When Do I Need to Decide to File a Claim?

A: The statute of limitations, which sets the deadline to file a claim, on personal injury claims is three years. This means that, from the date the injury occurred, you have three years to make a decision on whether to file or not.

There are, though, a few variations of this timeline in certain circumstances, such as less time to file when the government is liable and more time to file if an injury is discovered later or minors were involved. It’s important to speak with a lawyer soon after you realize your injury so that they can help you understand the deadline that applies to your case.

Q: What Does Comparative Negligence Mean?

A: Comparative negligence is a set of rules that allows the defendant in your case to argue that you bear some of the responsibility for your injuries. They will have the chance to argue the elements of negligence with regard to your actions in the case. If they are successful, the court will assign a percentage of blame that reflects your share of fault.

If your share of fault is greater than 50%, then you will not be able to collect any damages. However, if it is less, then you will be able to collect a damages award that is reduced proportionately to the share of blame that you carry. If someone is 10% at fault for an accident with a $50,000 damage award, they will receive $45,000.

Q: Will I Get Compensated More by Going to Court or Settling My Claim?

A: You could potentially be compensated more by going through a court trial for your claim, but you could also make much less. Going to court has more variance and risk than a settlement, where you will receive whatever the agreed-upon amount is. Even the cases that appear to have a simple explanation sometimes end up with the court just not seeing it that way.

An advantage of a settlement, in addition to receiving your compensation months or even years sooner, is that it eliminates the potential risk that is present in a trial.

Q: Are Punitive Damages Always Awarded?

A: Punitive damages are specifically meant to act as a kind of condemnation of malicious or otherwise egregious behavior on the part of the defendant. While these are awarded in some cases, they are by no means a certainty, as most personal injury claims are the result of common negligence. Your lawyer may be able to give you a better idea of whether they are possible in your situation.

Working With a North Charleston Personal Injury Lawyer

At Axelrod & Associates, we understand just how costly these personal injury cases can be for families. We’ve seen the financial impact of the medical bills and property damage in many of these cases. Our team also understands just how difficult the lost wages can be, as injuries are often serious enough that they cause someone to have to miss work for a period of time or maybe permanently. We’ve seen and recognized just how challenging the psychological and emotional impacts can be on those injured and their families.

Our attorneys have also seen the relief that finally receiving just and fair restitution can bring to those in these circumstances. We know that money doesn’t fix all the problems, but relief and peace can often have a big impact on people. This motivates us to do everything in our power to get our clients the compensation that they deserve.

At Axelrod & Associates, P.A., we want to help our clients get some relief and be able to move forward after these injuries, whether that comes through a settlement or by going to trial. Contact us to discuss your case and how to possibly get some much-needed compensation.