Personal injury can arise from nursing home negligence, medical malpractice, unsafe products, wrongful death claims, drunk driving incidents, auto accidents, and other cases. All states in the US have regulatory limits on the time you will get to file at the court after you have suffered any type of harm. The deadlines depend on the type of case you want to file.
In South Carolina, the limitation statute for personal injury claims allows three years from the date of the incident to file the lawsuit in the system of the civil court. You will find the law code in section 15-3-530 of S.C. Code Ann. It’s crucial to understand the statute of limitation of South Carolina. If you are not able to file the lawsuit before the three-year limitation closes, the civil court will refuse to hear about the case. To know more about the personal injury legislation, take a look at this article by Scott Kegel a Personal Injury Attorney in Charleston SC.
All claims and clients are equal under this law:
Insurance companies have spent a lot to stereotype the accidents and their victims so the personal injury lawyer can represent them. Moreover, dishonest people tried to feign accidents and got rid of them with the help of biased jurors. Even though these things happened or still happening, accidents still occur, and it has no race, professional standing, or neighborhood. So the South Carolina Personal Injury Law made the cases and claims equal for everyone. No matter the background, if you have been injured wrongly, you hold the right to file a case against the party.
Accidents cases are different:
Many factors make the accident case different and based on that the value depends on it. Values such as future medical needs, permanent injury, lost earning capability, lost wages, medical expenses, and so on. However, the main things that remain constant are the client’s character and the defendant’s conduct. Also, on one side it’s the damage of the liability and then there’s the asset of the client. No matter the skilled lawyer without a credible client the case will never get its value. You must stay honest with your attorney, so they can help you overcome the hassles of the case.
Health insurance holders can submit the papers to a medical provider to file treatment-related cases:
If you are injured from an accident, and can’t afford it, health insurance will let you get the treatment. If you faced an accident, your attorney will demand that defendant’s party will pay for the medical expenses. The term doesn’t define what you have to pay, but the value or cost of the treatment you receive.
The six facts are important to obtain the personal injury case in South Carolina:
Ongoing pain, physical harm, or medical bills are not enough to obtain a personal injury case in South Carolina, it will not grant you the full compensation. You have to establish the additional things for the case before the jury or the insurance company steps in. You have to give answers to several queries such as,
• How the accident or the injury happened
• Who was to be blamed
• What injuries do you have as the result of the incident
• If you have received medical treatment right away.
• The medical issues you are currently going through
• How your life has changed after the accident
These are direct questions, but you have to give simple answers. However, if you have experience dealing with insurance companies, then you already know that they will try to reason the injury as insignificant. But whatever the truth is, you must take this up with the insurance company.
Prove the injury was caused by another business or person:
If the claimant can’t describe that the other party was reckless, willful, or negligent while causing them harm, the South Carolina law will not permit the compensation. In case of negligence, when a doctor does something wrong during the surgery, or a driver hits you from behind while texting. In other incidents, there will be a disagreement in the liability.
Once the party is liable claimant must prove the injury was caused by their negligence:
In South Carolina law this is known as the causation. For instance, if you have a lower back condition, then the insurance company will claim that this is a pre-existing case, and didn’t happen because of the accident. To overcome this conflict, your doctor has to prove that your back pain issues have been caused by the accident and require medical attention.
The defendant party’s insurance company has to cover your lost assets:
Whether the incident forced you to miss some days of work, and you lost your wage, or the injury from the event has deprived you of earning the same amount of money in the present and for the future, you must be compensated for that injury loss you suffered. These types of cases are called diminished earning capacity and lost wages. You have you calculate the amount you have lost to date, and how much you are going to miss out in the future due to someone else’s negligence. You must not allow the insurance company to undermine these matters and try to reach a feasible settlement.
One-shot at justice:
Before settling the case or signing the release accepting the offer from the insurance company, make sure that you have understood the value of your case. Once you have signed the release you will never be able to claim for further compensation, even if you end up needing more money for the injury in the future. For this, you must contact an injury lawyer in South Carolina to get a free evaluation of the case before you sign any paperwork.
The Personal Injury Law in South Carolina may seem simple at first, but once you bring in the proof, legal standards, insurance carriers it can become a bit difficult. To get the full compensation you must make your case strong. It’s best to hire an attorney or consult with one to know your rights. A reputed lawyer will help you win the case, or they can give you a free consultation on the case and the things you require to present at the court.