Negligent acts occur every day. When hurt by one of these actions, you need the help of a skilled Clemson personal injury lawyer you can trust. A South Carolina personal injury lawyer at Brumback & Langley can assist you in determining if you have a personal injury case that deserves a settlement and work to get you compensation for your injuries.
A Clemson personal injury lawyer knows the law when it comes to personal injury cases and can help you understand your legal rights. Anytime you are injured because of the fault of another, you have a personal injury case the needs examination by an attorney. They can help investigate your claims and work to develop a personal injury case that supports your need for compensation.
Contents
Should I File a Personal Injury Claim in Clemson, South Carolina?
Often times when injured in an accident because of the negligent actions of another party, you can be severely hurt. You should not have to pay your medical bills on your own. A settlement award in a personal injury case can take care of these expenses as well as provide for your lost wages from work.
There are many opportunities under the law in Clemson to obtain damages for your personal injuries. By working with Clemson personal injury lawyers, you can recognize if you have a personal injury case that needs negotiations with an insurance company or needs to head to court.
Because a court battle can be time-consuming and costly, most personal injury cases settle out of court. Your personal injury lawyers will work to negotiate your settlement award with an insurance company and ensure you get fair compensation for your injuries.
When an insurance company offers a settlement, your personal injury lawyer will discuss the value of the compensation with you and help you determine if it is fair. You should never accept a settlement from an insurance company without the advice of a Clemson personal injury lawyer as you may be undervaluing your injuries and the settlement award you deserve in your personal injury case.
If your case needs to go to court, you can count on your personal injury lawyer in Clemson, SC to support you through the process. They will represent you in court and work to develop a case that supports your claims. Court is often the only way to get a fair settlement award in your personal injury case and an attorney will advise you on taking this legal step if necessary in your case.
Types of Clemson Personal Injury Accidents
Personal injury accidents can happen anywhere at any time. You may slip and fall on slick pavement or flooring or injury may occur at the home of a friend. Other times, companies are involved in negligence personal injury cases because of the misrepresentation of a product or a medical device. These are the most common personal injury accidents that deserve a settlement award:
Slip and falls
Poor conditions indoors or outdoors can result in a slip and fall that causes you injury. A property owner is responsible for keeping you safe when on their premises and you have a right to sue if hurt because of their negligent acts.
Dog bites
Dog owners are responsible for making sure their pet is under control at all times. There are specific rules governing personal injury in these suits and a personal injury lawyer can help you determine if you have a case.
Workplace accidents
You have a right to file a lawsuit against your employer when they are at fault for an accident that happened at work that caused you injury. When hurt because of the negligent actions of your employee, speak to a Clemson personal injury lawyer to understand what your legal rights are under the law.
Product liability
Product manufacturers are responsible for the use of their products. They need to ensure that consumers are safe when they are using them and properly warn them of any possible dangers. When this does not occur, a lawsuit should follow for your injuries.
Medical device negligence
Medical device producers are liable for letting patients know of the risks of using their products. When they fail to communicate these warnings to a consumer, you have a right to file a personal injury lawsuit for your injuries. Your South Carolina personal injury lawyer can help you with your case.
Proving Fault in Your Clemson Personal Injury Case
Having a Clemson personal injury lawyer on your side when negotiating personal injury settlements with the insurance company or when your case needs to go to court is helpful. In order for your case to be successful, they need to establish fault in your personal injury suit and make sure the defendant is proven to be negligent.
In Clemson, a comparative fault law is in place for awarding settlement amounts. This law takes each party’s fault into account when looking at the events that occurred that lead to injury. Both you and the defendant receive a percentage of fault. Your percentage of fault is deducted for you total settlement award at the end of your lawsuit.
If you are 50 percent or more at fault, you will receive no settlement award in your case. For this reason, you need Clemson personal injury lawyers to prove the fault of the defendant in your case to the fullest extent. The more percentage of fault that falls on the defendant, the larger your settlement award is in your personal injury case.
Working with personal injury lawyers can ensure that you receive the maximum settlement you deserve for your injuries. Your attorney will develop a case that supports your injury claims and proves the negligence of the defendant in your case.
How Does a Clemson Personal Injury Lawyer Establish Fault?
A personal injury lawyer can establish fault by using photos that show proof of fault such as poor conditions on a sidewalk or slippery floor conditions. Photos can also document improperly maintained properties or grounds that caused your injuries. You will also need to use photographs to document the severity as well as the extent of the injuries that you suffered in the personal injury accident.
Witnesses are called to help prove your account of the events that surrounded your accident. They are instrumental in providing details on the accident that caused your injuries and can help back up your account of what happened that day.
Often times, your personal injury lawyer needs to call professional witnesses that are knowledgeable about what caused your injuries. They can testify to your long-term medical treatment and the pain and suffering you are enduring because of the personal injuries you suffered.
You can rely on your Clemson personal injury lawyer to develop a case the uses every possible option available to them to prove fault in your personal injury case. They will work for you and make sure you get the compensation you deserve.
Seeking Damages in Your Clemson Personal Injury Case
In order to obtain a settlement in your personal injury case, your lawyer looks at a number of different factors. In Clemson, you are able to seek a variety of damages for your injuries and suffering you have endured because of the negligent acts of another. Your Clemson personal injury lawyers will determine what damages you are entitled to and help you identify when your total settlement award should be for your personal injury case. Here are some settlement damages that are allowable under the law for a personal injury lawsuit settlement:
Medical expenses
All costs associated with paying for your medical treatment are part of your settlement award. This is any necessary and required medical care needed to recover from a personal injury accident. Calculation of your medical expenses occurs for your current care as well as any future treatment you may need as part of your recovery.
Lost wages
Missed time from work can be recouped through a settlement award and sought in a personal injury case. You may need time off from work to recover from your injuries or you may need to miss work for medical treatment. These lost wages are part of your total settlement award. If your injuries are debilitating, you have a right to long-term lost wages if you are unable to work for an extended period of time or ever again. A Clemson personal injury lawyer can help calculate these lost wages and present your total settlement request to the defendant and their insurance company.
Pain and suffering
Getting hurt in an accident is an emotional time. You are enduring mental anguish and emotional pain because of the traumatic events you went through in the accident. Under the law, you are entitled to pain and suffering damages to pay for this trauma and help you become whole emotionally again. Your personal injury lawyer can help you understand what your pain and suffering damages are and place a value on these losses.
Loss of enjoyment
When you are unable to participate in the events that once made you happy, you have a loss of enjoyment in your life. These damages can be sought under the law in Clemson and provide you with financial compensation for activities you can no longer do with your friends and family. This may be your favorite hobby or events that are too hard for you to attend because of your injuries. You can work with Clemson personal injury lawyers to determine if you are suffering from a loss of enjoyment and how to figure this into your settlement award.
Loss of consortium
When death or a physical and emotional change occurs in your loved one, a loss of consortium occurs that ruins a relationship. Injuries that are severe can bring on a drastic change in the personality of a spouse or partner. When loss of companionship occurs, you have a right to loss of consortium damages as part of your settlement award.
Punitive damages
In some personal injury cases, punitive damages are necessary and ordered by the court. These damages serve to financially punish the defendant for their negligent actions beyond your current settlement award. When a court orders punitive damages in a case, they also work to act as a deterrent to others that engage in the same negligent behaviors that could cause others harm. Punitive damages in Clemson top out at $500,000, but still, this provides plenty of opportunity for a financial award for severe and damaging injuries in your personal injury case.
Deadline for Filing a Clemson Personal Injury Case
Filing a personal injury lawsuit needs to occur sooner rather than later. There are laws governing the timeframe to file a personal injury suit in Clemson. You will need to file a claim within three years from the date of the accident that caused your injuries. Filing after this date prevents you from having a court case as a dismissal occurs, ending your prospects for a settlement.
A judge in your personal injury case will not understand your reason for filing a late lawsuit regardless of how egregious your injuries are or the negligence of the defendant. You need to discuss your personal injury case with a Clemson personal injury lawyer immediately after your accident. This will allow for plenty of time to negotiate with insurance companies and file a suit in the appropriate court.
Do not take a chance of losing your settlement award by filing after the statute of limitations. Allow your personal injury lawyers to work on your case immediately and provide a plan of action for your personal injury claims. The sooner you speak with Clemson personal injury lawyers, the sooner you will receive your settlement award as the process of negotiations will occur relatively quickly.
Do not delay your right to a financial settlement under the law. Find a personal injury lawyer that can help you and fight for your rights to compensation for your injuries.
Seek Legal Counsel from Experienced Clemson Personal Injury Lawyers
When injured because of the negligent acts of another, you need a Clemson personal injury lawyer to help you with your case. The personal injury lawyers at Brumback & Langley, LLC can assist you in determining your legal actions and advise you on what your legal rights are under the law. Allow the personal injury lawyers at Brumback & Langley, LLC to fight for your legal rights and get you the compensation you deserve. Contact us today by calling (864)-326-0424 to set up a consultation.
