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Myrtle Beach, SC 29577
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.
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.
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.
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.
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.
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 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:
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:
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.
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.
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.
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.
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.
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