Millions of people in the U.S. experience injuries each year, from car accidents to medical malpractices to workplace mishaps. South Carolina is not behind in the numbers. The state has seen 9,000 injury and illness cases in 2022. When you get injured in an accident, the way ahead could be doubled with medical bills, lost income, and the emotional toll of recovery.
While physical recovery should be your top priority, depending on the accident's severity, you might also have to take care of the legalities. Hiring South Carolina’s best injury lawyer could be a smart choice in such scenarios. But is pursuing legal action the right move? Here’s a guide to help you decide.
The severity of your injuries impacts the potential value of your case. Minor bumps and bruises may not justify a lawsuit. However, if you’ve suffered severe injuries, then legal action might be a smart move to make to recover associated costs and secure your future.
Serious injuries, also called “threshold injuries,” usually result in a specific settlement. These include fractures, permanent organ damage, or limitations that prevent you from performing daily activities. Even medically certified impairments that affect your quality of life can qualify.
Filing a lawsuit and handling the legalities of your case requires patience and money. You should check if you can afford the amount associated with filing your case. Consider the below expenses when calculating the cost:
Lawsuit filing fees
Serving legal documents
Medical expert witnesses
Court transcripts
However, you can look for a South Carolina personal injury lawyer who works on a contingency fee basis. This means you only pay them if they win your case. This financial structure allows you to pursue the legal process and recover compensation without the upfront burden of legal costs.
To have a strong case, you need to establish negligence. You need to prove that someone else’s actions caused your accident and injuries. This could be:
A car accident with a reckless driver
A slip and fall due to a property owner’s neglect
A medical professional’s mistake
The evidence of fault should be clear to have a stronger case. Collect medical records, police reports, accident scene photos (if applicable), witness statements, and anything else relevant to your injury and the incident that caused it.
Personal injury cases are to compensate you for damages that happened due to the accident. These damages can be both financial and non-financial.
Financial damages are:
Medical bills
Lost income
Future medical needs
Non-financial damages are:
Pain and suffering
Emotional distress
Loss of enjoyment of life
The more severe the impact on your financial and emotional life, the stronger the case for seeking compensation. Also, your past medical history is essential. If you have pre-existing conditions related to your current injury, the court will consider how the accident worsened them. An attorney can help you handle this situation and receive fair compensation, even with pre-existing conditions.
An experienced lawyer can analyze the specifics of your situation, assess the value of your claim, and advise you on the best course of action. This gives you an opportunity to discuss your case, get professional advice, and understand your legal options. Look for a lawyer who has experience handling similar cases and has a proven track record of success.
Questions you should ask during your consultation are:
Based on the details of my case, do you believe I have a strong claim?
What types of damages could I recover?
What are the legal fees for pursuing this case?
How long might the legal process take?
What steps should I take to move forward?
Ask questions whenever you are in doubt about the process or actions. You should be comfortable and confident in their representation.
Whether or not your injury case is worth pursuing depends on the abovementioned factors. However, legal action may not always be the answer. In some cases, depending on the severity of your injuries and the clarity of fault, alternative dispute resolution might be a viable option. ADR includes processes like mediation and arbitration, which can offer quicker settlement outside the courtroom.
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