Few things can be as jarring to your life as being involved in medical malpractice or a severe accident. Beyond the lasting effects on your health, the financial and psychological impacts can severely disrupt your professional and personal life.
How will you pay your medical expenses? How will you work and cover your other bills?
While we cannot control the accidents we may encounter in our daily lives around the Simpsonville area, we can control our actions and decisions afterward. One of the most essential decisions is to speak to a Simpsonville personal injury lawyer experienced in representing victims of serious injuries.
Our team of experienced attorneys has the knowledge, skills, and resources necessary to handle even the most complex personal injury cases, including construction accidents, car accidents, truck accidents, slip and falls, and wrongful deaths. The CEO Lawyer Personal Injury Law Firm is ready to fight for you if you or a loved one has been injured in any personal injury case.
Our firm is the fastest-growing personal injury law firm in Simpsonville.
We are dedicated to providing aggressive and effective representation for individuals who have been injured due to the negligence or recklessness of others. Contact us today for a free consultation.
Why You Need Our Simpsonville Personal Injury Attorneys
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.
Why Choose Our Simpsonville Personal Injury Law Firm?
Free Consultations
You can call us any time, absolutely free of charge, to discuss your injury case. Our dedicated attorneys are ready to learn the details of your case and help you understand your options.
We will thoroughly discuss every detail of your accident to ensure we secure the maximum settlement for any suffering the other party may have caused you.
Fair Fees
We work on a contingency fee basis, meaning we collect nothing from you until we settle your case. This way, you never have to worry about funding your legal case and can immediately begin getting the help you need.
Customer Support
We are available 24 hours a day, seven days a week, to answer any questions you have about your case. We keep you informed throughout the process and pride ourselves on maintaining great client relationships.
We ensure you understand everything and anything that will happen as soon as we know. We will walk you through everything so you never have to wonder how your case is progressing and whether or not we are working hard for you.
Unmatched Experience
Our strong team of attorneys has years of experience in the personal injury field and knows how to get you the fairest settlement for your injuries. Our personal injury attorneys are committed to providing you with the best representation possible.
Range of Services
We have various attorneys with expertise, ensuring you always have an attorney who can cater to your specific case. No matter your type of injury, once you are a client at the CEO Lawyer Personal Injury Law Firm, we guarantee that your attorney will be highly experienced and able to secure the best settlement possible for your injuries and any pain and suffering you have endured due to another’s negligence, carelessness, and disregard for your safety.
Statute of Limitations for Filing a Simpsonville Personal Injury Lawsuit
Every state limits how long you have to file a personal injury lawsuit, known as the statute of limitations. In Simpsonville, the statute of limitations for personal injury cases is typically three years.
However, this period can be much shorter under certain circumstances. For example, the statute of limitations in medical malpractice cases is generally two and a half years from treatment.
If your claim is against Simpsonville or another municipality, the statute of limitations can be as short as 90 days to file a Notice of Claim.
This is why contacting the CEO Lawyer Personal Injury Law Firm is important. Our attorneys can determine which statute of limitations applies to your potential claim, ensuring you take the necessary steps within the timeframe.
Understanding these laws is a complicated process because if you don’t file a lawsuit within the specified timeframe, the court will likely refuse to hear the case, and you may lose the opportunity to obtain compensation.
What Are the Types of Personal Injury Claims?
We have a long history of successfully advocating for our clients in various personal injury claims, including:
Defective Products
There are three ways a product might be considered defective:
- The general design of the product may be flawed.
- There may have been defects during the manufacturing process.
- The product may lack sufficient instructions or warnings.
These defects can make vehicles, children’s toys, and kitchen appliances dangerous even if used properly.
Motor Vehicle Accidents
Accidents involving cars, trucks, or other motor vehicles are typically the fault of one or more drivers. Driving while distracted, under the influence, or recklessly can result in serious accidents.
Injuries from these accidents can include broken bones, organ perforations, scarring lacerations, traumatic brain injury, and spinal cord injury with paraplegia or quadriplegia.
We have recovered substantial compensation for clients injured in car, truck, or pedestrian accidents. In train accidents, accountability may rest with the transit authority, driver, or maintenance personnel.
Medical Malpractice
Medical malpractice lawsuits involve injuries resulting from the negligence of a medical professional, such as a doctor, surgeon, or nurse.
Claims may include:
- Surgical errors, such as operating on the wrong body part.
- Medication errors, including administering the wrong medication or dosage.
- Birth injuries result in lasting harm to a newborn.
- General hospital errors include contracting an infection due to a contaminated environment.
- Dangerous Drugs and Defective Medical Devices
Manufacturers of prescription drugs and medical devices must ensure their products are safe, but unfortunately, negligence can occur. Dangerous drugs can have serious adverse effects, while defective medical devices can cause injuries requiring additional surgeries.
Construction Accidents
Construction sites are some of the most dangerous places to work, and many construction accident injuries result from the negligent actions of other parties. You might be entitled to compensation beyond worker’s comp if you were hurt while working a construction job.
These accidents include crane collapses, machinery malfunctions, falling debris, electrocution, etc.
Premises Liability
Premises liability claims involve injuries on another party’s property, usually due to the owner’s negligence in maintaining it. These claims can include:
- Slip and fall accidents in businesses such as grocery stores or shopping malls.
- Accidents on a homeowner’s property.
- Dog bites.
- Swimming pool accidents.
Trust our experienced Simpsonville personal injury attorneys. We will use our extensive network to develop an impressive case for all damages.
What Is the Process of Filing a Personal Injury Claim?
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.
Possible Compensation for Personal Injury Claims
If you or a loved one has suffered an injury due to another party’s negligence or misconduct, our Simpsonville personal injury attorneys can help. We have assisted injured clients in collecting millions in restitution, allowing them to rebuild their lives.
You are entitled to compensation for your injuries, which requires skilled legal representation. We can help you collect restitution for the following:
Economic Damages
These reflect actual expenses resulting from a personal injury. They include:
- Hospitalization
- Medication
- Rehabilitation therapy
- Property damage
- Current and future lost income
These damages are easily verified with receipts, invoices, and pay stubs. It is worth noting that Simpsonville Law limits reimbursement and subrogation claims from insurance companies in personal injury and wrongful death actions.
Non-Economic Damages
Non-economic damages are more subjective but just as impactful as financial losses. They include:
- Pain and suffering
- Mental anguish and trauma
- Emotional distress
- Scarring and disfigurement
- Decreased quality of life
Although these damages are not as easy to calculate, they significantly affect the victim’s life and well-being.
Punitive Damages
In Simpsonville, punitive damages are permissible in personal injury claims where the defendant’s act is morally reprehensible or grossly negligent. They are intended to punish the defendant and deter similar behavior in the future.
Punitive damages are most commonly awarded in:
- Product liability claims
- Medical malpractice cases
- Motor vehicle accidents caused by drunk drivers
The long-term physical and emotional complications of a personal injury are not always immediately apparent. Sometimes, waiting until the injured party reaches maximum medical improvement is advisable to assess their future prognosis and determine additional damages.
Contact us today to ensure you receive the full compensation you deserve for your injuries.
Proving Liability in a Simpsonville Personal Injury Case
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.
Discuss Your Case with Our Simpsonville Attorney!
Injuries can cost you time and money and often lead to lifestyle changes and physical pain. The big insurance companies know you have a limited time to bring legal action, and they will pressure you to settle your case quickly—often before you hire an attorney and for the least amount of money possible.
They use their experience to turn this situation to their advantage.
To effectively battle an insurance company, you need an attorney with the experience to level the playing field. You need someone who can defend your legal rights and fight for everything you need to recover from your injuries.
At the CEO Lawyer Personal Injury Lawyer, we specialize solely in personal injury cases. While recovering from your injuries, contact us for a free consultation with a Simpsonville injury attorney.
Call us at (864) 664-3865 ALI-AWAD or schedule a complimentary initial consultation via email to discuss your defective product case and learn how we can help you!
FAQs:
- What is the Life Cycle of a Personal Injury Case?
While each case is unique, the lifecycle of a personal injury case generally follows three stages:
- Investigative Stage: This stage involves gathering evidence, interviewing witnesses, and evaluating the accident’s circumstances. An attorney may work with experts to build a strong case.
- Treatment Stage: During this stage, the injured party receives medical treatment for their injuries. It is crucial to follow all medical advice and document all treatments, as these records will be important for the case.
- Resolution Stage: This stage involves negotiating with insurance companies and potentially going to trial. Many cases are settled out of court, but the case may proceed to litigation if a fair settlement cannot be reached.
- When Should a Personal Injury Lawyer Be Used?
A personal injury lawyer should be used when someone is injured due to another’s negligence. This includes:
- Motor vehicle accidents (e.g., car accidents, truck accidents)
- Catastrophic injuries (e.g., spinal cord injuries, brain injuries)
- What is Compensation for Loss of Life?
Compensation for loss of life includes:
- General Damages: Compensation for the death of the victim when it was not their fault.
- Special Damages: Covers the family’s pain and suffering, loss of income, financial expenses, funeral expenses, and probate costs.
- How Do You Calculate Compensation Loss?
Calculating loss of earnings compensation involves considering various factors such as:
- Pre-accident income
- Amount of time unable to work
- Any future loss of income likely to be experienced
The court will evaluate these factors to determine the compensation amount.