Spartanburg Personal Injury Law Firm Answers Frequently Asked Questions (FAQs)
After an accident, getting through the legal complexities of a personal injury claim can be overwhelming. This FAQ section is designed to address some of the most common questions regarding personal injury law in Spartanburg, South Carolina. If you don’t see your specific question addressed here, don’t hesitate to contact us for a free consultation.
General Personal Injury Questions
Do I have a personal injury case?
Whether you have a personal injury case depends on the specific circumstances of your accident. Generally, you may have a case if you were injured due to someone else’s negligence and suffered damages (losses) as a result.
If you’re unsure, contacting a Spartanburg personal injury lawyer for a free consultation is the best way to determine if you have a valid claim.
What is negligence?
In legal terms, negligence goes beyond simple accidents. It boils down to this: someone failed to take reasonable care, and that failure caused you harm.
For example, you’re walking down the sidewalk, minding your own business, when you trip and fall due to a broken step. The property owner had a duty to maintain a safe walkway, but they neglected that duty.
That’s negligence. To prove that, your attorney will need to demonstrate that the at-fault party owed you a duty of care, breached that duty, and their breach caused your injuries.
What are common types of personal injury cases?
Our Spartanburg personal injury lawyers represent clients in a wide range of cases, including:
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Pedestrian Accidents
- Slip and Fall Accidents
- Dog Bite Injuries
- Medical Malpractice
- Product Liability Injuries
- Workplace Injuries (Workers’ Compensation)
- Wrongful Death
How long do I have to file a personal injury claim in South Carolina?
The statute of limitations for personal injury claims in South Carolina is generally three years from the date of your accident South Carolina Code § 15-3-530. This means you have three years to file a lawsuit.
However, it’s important to note that there are some exceptions to this rule. For instance, the statute of limitations may be tolled (paused) if you are a minor at the time of the accident.
It’s crucial to consult with a lawyer as soon as possible after your accident to ensure you meet all deadlines.
What are the benefits of hiring a Spartanburg personal injury lawyer?
There are many advantages to having a skilled personal injury lawyer on your side. Here are just a few:
- Case Investigation and Evidence Gathering
- Expert Negotiation
- Trial Advocacy
- Legal Guidance and Support
Specific Questions About Personal Injury Law in South Carolina
What compensation can I recover for my South Carolina personal injury claim?
After an accident, the last thing you should worry about is money. In South Carolina, you may be entitled to recover damages that cover both the financial impact and the emotional toll of your injury.
What is the “comparative negligence” rule in South Carolina?
South Carolina follows a “modified comparative negligence” rule South Carolina Code § 15-3-430. This means that your recovery may be reduced by your percentage of fault for the accident.
For instance, if you are found to be 20% at fault for your car accident, your total damage award would be reduced by 20%.
What happens if I’m injured at work in South Carolina?
If you are injured on the job in South Carolina, you are likely entitled to workers’ compensation benefits. Workers’ compensation benefits typically cover medical expenses and a portion of your lost wages.
However, the workers’ compensation system can be complex, and there may be situations where a third-party personal injury claim is also possible. For example, if a third-party vendor caused your workplace accident, you may be able to file a lawsuit against them in addition to receiving workers’ compensation benefits.
Consulting with a Spartanburg workers’ compensation lawyer can help you understand your rights and options.
What should I do after a personal injury accident in South Carolina?
Here are some essential steps to take after a personal injury accident:
- Seek Medical Attention: Your health is the top priority. Seek medical attention immediately to get a diagnosis and begin treatment for your injuries.
- Gather Evidence: If possible, take pictures of the accident scene, your injuries, and any property damage. Collect any witness information and keep copies of all medical bills and receipts related to your accident.
- Report the Accident: Report the accident to the appropriate authorities, such as the police for a car accident or your employer for a workplace injury.
- Contact a Spartanburg Personal Injury Lawyer: Consulting with a lawyer as soon as possible after your accident is crucial. An attorney can advise you of your rights, protect your interests, and guide you through the legal process.