Simpsonville Personal Injury Lawyer

Significant risks exist if you do not retain skilled legal representation for a personal injury lawsuit. A single misstep could derail your claim, even when your case’s underlying facts are strong, such as when the at-fault driver was intoxicated and failed a field sobriety test at the time of the accident.

One of the first pitfalls is the statute of limitations. This legal deadline is strictly applied, and waiting too long to file your lawsuit could result in a judge barring it from moving forward.

The deadline for your case might not be obvious, and sometimes, you may have less time to file your claim than you initially assumed.

Furthermore, negotiating a fair and reasonable settlement for your losses can be challenging. It is important to remember that when you negotiate with an insurance adjuster, they work for the defendant’s carrier.

These adjusters have extensive experience, which can put you at a significant disadvantage. Without a lawyer, you might not realize that an offer from an insurance company is well below what your case is worth.

If your lawsuit proceeds to trial after settlement negotiations fail to reach an agreement, having an attorney becomes essential. They handle everything, from arranging expert witnesses to ensuring your evidence is admitted correctly, which is complicated.

By retaining a personal injury lawyer, you can handle these challenges effectively and maximize your chances of obtaining the compensation you deserve.

Before diving into the steps, it is important to note that all personal injury cases are unique. Similar to the circumstances surrounding an accident or injury, the timeline of a personal injury case can vary greatly depending on the severity of a victim’s injuries, the defendant’s level of cooperation, and the case’s complexity. 

Use these steps as a general guide to the personal injury claim process, but remember that most claims settle before they reach the last stage on the list.

Obtain Medical Care

After an accident or injury, seek immediate medical treatment. This may involve a visit to the emergency room or your primary care clinic.

Even though some conditions do not appear instantly after an accident, early examination can help relieve or prevent the worst symptoms. Additionally, early medical records serve as evidence with an insurance adjuster and jury if a lawsuit becomes necessary later on.

Prepare Documentation

Once proper medical treatment has been received, document all injuries, damages, and medical treatments related to the accident. Collect evidence surrounding the accident’s cause and how it has affected your life.

Note any hospital visits, lost work, or medical bills, as these are crucial for your claim.

Consider a Legal Consultation

While many small personal injury claims can be settled without legal representation, personal injury lawyers tend to secure larger awards for claimants. Personal injury lawyers often offer free initial consultations, so discussing your case with a personal injury attorney is advantageous before filing.

Investigate the Accident and Injuries

When a lawyer is hired, they will interview you to learn more about the accident, injuries, and medical treatment. They will request records from any medical treatment received and may work with accident reconstruction specialists or other experts to build your case.

Establish Negligence

Most personal injury cases center on negligence or a failure to use reasonable care in a situation where another person could be harmed. For example, a driver may be considered negligent if driving under the influence.

Proving negligence can be difficult for plaintiffs working independently, but an experienced personal injury attorney can help navigate this step successfully.

Serve Notice of Claim

If you decide to pursue a personal injury case, you must inform all involved parties of your intent to file suit, known as “service of process.” A professional process server, court official, or law enforcement officer usually delivers the notice personally.

Begin Settlement Talks

Your lawyer may make a demand to the defendant’s attorney or insurance company before the case goes to court. The attorneys will try to negotiate a settlement acceptable to both parties.

Most personal injury claims settle at this point, though sometimes a settlement cannot be reached.

File a Lawsuit

Litigation begins when you and your lawyer file a personal injury lawsuit in court, initiating the discovery phase. Each party will investigate the other party’s claims and defenses, responding to requests for information truthfully and thoroughly.

The discovery phase can involve a lot of documentation and may last up to a year.

Attempt Mediation

After the discovery phase ends, the lawyers will have another opportunity to settle the case through mediation. This involves a meeting between the parties and a neutral third party who tries to help resolve the case in a manner satisfying both parties.

If mediation is unsuccessful, the case will advance to trial.

By following these steps and working with an experienced personal injury attorney, you can handle the complex aspects of a personal injury claim and maximize your chances of obtaining fair compensation.

One common element in most personal injury cases is carelessness. In an injury case, someone’s careless or reckless behavior puts others in harm’s way.

When someone acts recklessly and causes your injuries, they may be liable for your damages. However, we must prove that four elements exist in your case to pursue the other party for damages.

These elements include:

Duty of Care

This means that the other party had an obligation to keep you safe. Examples of duty of care include:

• A driver follows all road rules and adjusts their driving according to road conditions.
• A property owner keeps their premises clean and free of hazards.
• An employer ensures the working environment is safe and all equipment is in good condition.

Breach of Duty

This stage is when the other party’s recklessness occurs, meaning they fail to uphold their obligation. For example:

• A driver fails to yield the right of way and runs a red light.
• A property owner fails to fix a broken tile and doesn’t warn patrons about it.

Causation

Because the other party breached their duty of care, an accident (traffic, slip and fall, or workplace) occurred, causing you to suffer injuries. Common injuries sustained by personal injury victims include:

• Traumatic Brain Injuries (TBI): According to the Mayo Clinic, this injury occurs when someone sustains a violent jolt or blow to the head. Symptoms vary from mild to severe and include headaches, nausea, slurred speech, confusion, sensory sensitivities, poor coordination, memory issues, and loss of consciousness.
• Spinal Cord Injuries (SCI): The Cleveland Clinic classifies SCIs into two categories: complete SCIs, in which the victim loses total sensation and mobility below the injury site, and incomplete SCIs, in which partial sensation and mobility are lost. Symptoms may include loss of bladder or bowel control, difficulty breathing, or intense pain in the back and neck.
• Whiplash: Often resulting from rear-end collisions, whiplash occurs when the neck forcibly bends back and forth. According to Johns Hopkins Medicine, symptoms include neck stiffness, blurred vision, neck pain, shoulder pain, back pain, and ear ringing.
• Broken Bones and Fractures: According to the Centers for Disease Control and Prevention (CDC), slip-and-fall accidents often result in fractures, particularly to the ankle, hip, arm, and wrist.
• Burns: Fires from auto or workplace accidents can lead to burns. Healthline categorizes burns into three degrees: first-degree burns cause minimal skin damage, second-degree burns blister the skin, and third-degree burns damage every layer of the skin.

Damages

Lastly, we must establish that the accident and your injuries led to sustained damages. Forms of evidence we can use to prove this include:

• The police or incident report
• Your medical records and bills
• Statements from witnesses
• Accident reconstruction analysis
• Photos of visible injuries and the incident scene
• Available video footage

Any piece of evidence can help strengthen your case. If something might bolster your claim, no matter how minor it seems, bring it to your attorney’s attention.