Summerville Personal Injury Lawyer

Summerville, SC Personal Injury Attorney

When you’re injured because of someone else’s mistake, error, or even malice, those responsible are legally required to provide compensation. This could mean collecting from them directly, but it often means obtaining it from the liable party’s insurance company. Either way, it’s not uncommon to be met with resistance when you’re seeking compensation for injuries. That’s why it can be important to work with a Summerville personal injury lawyer when seeking fair restitution.

A personal injury lawyer, like those at Axelrod & Associates, P.A., can represent you and your interests. It’s our job to seek the restitution you’re owed, whether by negotiating a strong settlement on your behalf or going to court if a fair agreement can’t be found.

Common Types of Personal Injury Claims

Personal injury claims are meant to address any situation where the negligence of an individual or entity has directly led to someone else’s injuries and the expenses associated with them. Most often, these claims are filed in response to an accident caused by negligence and the injuries that result from it. While there are an unimaginable number of ways that someone could cause an injury to another person, some categories of injuries occur somewhat more frequently than others. These include:

• Car Accidents: Many personal injury claims stem from car accidents. These usually occur because of the negligence of a driver, though there are times when issues with roads or parts could lead to other parties being liable.
• Truck Accidents: Truck accidents can have devastating effects and significant costs for victims. Because trucking operations are complex and involve several different parties’ involvement, a thorough investigation is necessary to understand where the liability is.
• Motorcycle Accidents: Motorcycle accidents can result in significant injuries to riders. These cases share a lot of similarities with standard car accidents.
• Bicycle Accidents: In many cases, bicycle accident claims come as a result of drivers of motor vehicles colliding with a cyclist. These incidents can result in serious injuries and significant costs.
• Premises Liability: Property owners, managers, and tenants have a responsibility to ensure a reasonably safe environment for lawful visitors. When an injury results from a failure to do so, someone will be held liable. However, especially in commercial situations, it can be difficult to identify the properly liable party. It’s important to work with an experienced lawyer in these cases.
• Dog Bites: Dog owners generally have a responsibility to make sure that they have control of their dogs and take precautions to prevent them from harming others. This is especially the case if the dog has shown any past signs of aggression.
• Medical Malpractice: Doctors, nurses, and the medical system are not immune to errors, and these can sometimes have significant consequences. Medical malpractice is an especially complicated area of personal injury law, given the knowledge and understanding of medical standards needed to properly navigate these cases.
• Traumatic Brain Injuries: There are a number of different situations that can result in a traumatic brain injury, but most of them will involve an accident or incident that includes blunt force trauma to the head.

Compensation in Personal Injury Claims

The compensation in a personal injury claim will cover only those costs that your lawyer can demonstrate are a direct result of the injuries. If there is some kind of recorded financial component, this is generally proven with bills, receipts, pay stubs, and other documentation.

For other costs, there can be a variety of ways to demonstrate them, including doctor’s notes, witness testimony, the victims’ journal of their experiences, and other means. The need to prove this connection is why it’s important for victims to keep a good record of their injuries and the costs that they experience. Those costs for which they will receive compensation are typically paid in two forms of damages.

Economic Damages

These costs are meant to address anything that has a straightforward financial component. In most cases, this will include medical bills for any physical injuries that occurred. If any property was damaged, such as a vehicle in a car accident, that is also addressed through these damages. In the case of serious injuries that prevented the victim from working, lost wages are also covered.

These damages don’t only address past costs but are forward-looking as well. If the injuries are severe enough to require further or ongoing medical care, those future medical costs will be addressed. Additionally, if they are going to inhibit someone’s ability to earn the same income, lost earning capacity will be covered as well.

Non-Economic Damages

These damages address any costs that are not clearly tied to a financial element. Generally, that’s because they tend to be more psychological or emotional in nature. For instance, pain and suffering, PTSD, mental anguish, and loss of enjoyment in life are the kinds of issues that are addressed through these damages.

This compensation isn’t meant to be a solution. While they may provide some indirect relief, particularly by reducing stress in other aspects of life, they are also an acknowledgment of the fact that the victim was unjustly injured as a result of the negligence of the liable parties.

Why Hire a Summerville, SC, Personal Injury Lawyer?

Hiring a personal injury lawyer can often be critical for those hoping to get a better compensation package after their injuries. We are responsible for the foundational work to make your strongest case. Our team can then represent you and advocate for your interests through that process. That process involves two critical functions and, sometimes, a third.

Investigation

A thorough investigation is the foundation of a personal injury case. We look closely at the circumstances of the incident to understand who should be considered liable for the injuries that you suffered. We also need to gather evidence to make the case that they are liable if that becomes necessary. Additionally, we look for evidence that can be helpful in defending against any claims that you were liable, as that could reduce the potential damages awarded to you under South Carolina’s comparative negligence rules.

Negotiation of a Settlement

Most personal injury claims never make it to court. Instead, the two sides are often able to reach a settlement instead. There are advantages to settling for both sides, in that it avoids the risk of a trial and can often take less time than going through litigation.

Generally, your negotiations can benefit from a lawyer representing you. Your attorney can protect you from accidentally saying something that could be interpreted as an admission of fault. The insurance companies that are often on the other side of these negotiations tend to take the process a little more seriously when a lawyer is involved. They know that they won’t get away with making an unreasonably low offer. The presence of an attorney also invokes the possibility of going to court, which they may want to avoid.

Litigation in Court

If a fair settlement can’t be reached by the statute of limitations, then it may become necessary to take the claim to court. If that’s the case, we can represent you and make your case. Our firm can demonstrate why the defendant is liable for the injuries you suffered. Then we can make the case for the costs that should be covered. We can also be prepared to defend against any comparative negligence claims, in which the other party may contend that you are at fault for your injuries.

Proving Fault in a Personal Injury Claim

The key to being able to collect restitution for your injuries is being able to show that the defendant is responsible for them. Once that’s established, you may then collect on the costs that you can prove were caused by the injuries. Proving the defendant’s fault involves presenting evidence and facts, interviewing eyewitnesses, and even bringing in expert witnesses to prove the three elements of fault against the defendant:

• Duty of Care: This means showing that the defendant, in the situation in which you sustained your injuries, had a duty to take reasonable precautions to minimize the risk that their actions could have posed to others. This expectation will be highly specific to the circumstances surrounding your injuries.
• Breach of Duty: When someone fails to meet their duty of care, it means that they have committed a breach of duty. Your lawyer must prove what actions or behavior the defendant had surrounding your injuries and how that constituted a breach.
• Causation: Lastly, it must be shown how that breach was a direct cause of the injuries that you suffered, which are often due to an accident caused by the defendant.

FAQs

Q: When Does a Personal Injury Claim Need to Be Filed By?

A: In Summerville, South Carolina, the statute of limitations for personal injury claims is three years. In most cases, the claim will need to be filed with the court within three years of whatever incident caused the injuries. However, there could be some factors that might extend or shorten the timeline to file, such as when the injuries were discovered, who you are attempting to hold liable, and if there were any minors involved.

To be sure that you have the right deadline for your situation, it’s important that you contact a personal injury lawyer as soon as you discover your injuries.

Q: When Are Punitive Damages Awarded?

A: Punitive damages are awarded only in limited situations. They are not based on any costs that you incurred but are determined by the behavior of the defendant. Because they are meant to serve as a kind of punishment, they are generally only awarded in situations where the actions of the defendant are believed to have been ill-intentioned or egregious in some manner.

Most personal injuries, though, are the result of a mistake, where harm was never intended, which is why punitive damages are often not awarded. Your lawyer in the Summerville area may be able to give you an idea of whether punitive damages may be possible in your case.

Q: How Could Comparative Negligence Impact My Claim?

A: South Carolina’s personal injury claims operate under a system of modified comparative negligence. What this means is that the defendant will have the opportunity to argue that the plaintiff is at fault for their own injuries. When a plaintiff is deemed to also be at fault, they will be given a percentage that is believed to reflect their share of fault.

The plaintiff will have their damages award reduced proportionately to their fault. For instance, a plaintiff who is 20% at fault on a $50,000 award will receive $40,000. However, if a plaintiff is found to be more than 50% at fault for their injuries, they will not be able to collect any damages at all.

Q: What If Someone Dies Because of a Personal Injury?

A: It’s tragic, but there are some times when a person’s negligence results in someone else’s death. In these situations, a surviving spouse, child, parent, or estate representative may be able to file a wrongful death claim. These claims are similar to a standard personal injury claim but also include the ability to collect on costs specifically related to the death, such as burial costs, funeral costs, loss of consortium, and others.

We Can Help You Seek Fair Compensation for Your Injuries

We understand the impact that personal injuries can have on a person and their family. Our attorneys recognize the costs that need to be covered, from medical expenses to property damage to lost wages. The costs aren’t limited to the financial realm, either. The pain and suffering and other psychological impacts can be difficult to process. We believe that those injured deserve compensation for these costs and, as a Summerville personal injury law firm, we help our clients seek what they’re owed.

At Axelrod & Associates, our experience and dedication give our clients a clear advantage. We understand the complexities of negotiating a settlement and taking a claim to court when that’s needed. We’re dedicated to doing whatever’s in our power to see that our clients are fairly compensated. If you’ve been injured and are looking for someone ready to seek what you’re owed, contact our team today.