IN NEED OF A ROCK HILL PERSONAL INJURY ATTORNEY?
Here is everything you need to know about personal injury claims in Rock Hill, South Carolina. The team of personal injury attorneys at David W. Martin Law Group can help you with cases such as car wrecks, truck accidents, motorcycle accidents, wrongful death, dog bites, and more. These cases tend to be emotionally and physically draining, and having an attorney can help with the process. You can visit our office at 331 Oakland Avenue, Rock Hill, South Carolina, or call us at 803-274-6442 for legal advice.
What is a Personal Injury Claim?
Personal injury claims occur when one person harms another person through negligent actions. These cases can involve slip and fall accidents, medical malpractice, product liability, car accidents, wrongful death, bike accidents, workers’ compensation, and more.
To have a successful personal injury claim, the plaintiff usually needs to prove that the defendant was intentionally negligent, acted recklessly, or failed to act, which led to the plaintiff’s injuries.
To prove negligence, four elements need to be demonstrated: duty, breach, causation, and damages. Duty refers to the legal obligation that individuals have to exercise reasonable care to prevent foreseeable harm to other people. The standard of care varies from case to case, but generally means how a reasonable person would act under the same circumstances. For example, in a medical malpractice case, the standard of care is what a healthcare professional in the same circumstance would do. A breach occurs when an individual fails to exercise reasonable care. Causation requires proof that the actions of the individual who caused the harm were the direct cause of the plaintiff’s injury. Finally, damages that result from the injury can include medical expenses, lost wages, property damages, and pain and suffering.
In Rock Hill, personal injury cases are governed by state law. South Carolina follows a modified comparative negligence rule. This means a plaintiff can only recover damages if they are less than 50% at fault for their injuries. If the plaintiff is found to be 50% or more at fault, they cannot recover any damages. The court is typically the one who determines the fault in a personal injury case. However, insurance companies will often calculate this as well.
Statute of Limitations
A statute of limitations is the time limit for filing a lawsuit. In South Carolina, that time limit is three years from the date of the injury or the date that the plaintiff was diagnosed with an injury resulting from the date of the accident. If you do not file your lawsuit within the statute of limitations set by the state, then you may not be able to receive compensation for your injuries.
A Common Personal Injury Claim: Dog Bites
If you are bitten by a dog in South Carolina, the dog’s owner or caretaker is generally liable for those injuries if the victim is lawfully on the premises. However, there are exceptions to this law, such as when the victim provoked or harassed the dog, or the dog was working in a law enforcement capacity. Evidence in a dog bite or attack case could include photos or videos of the attack or injuries, medical reports, medical expenses and bills, information about the dog and its owner, and eyewitness accounts.
As in any legal case, evidence in a dog bite case is key. Our attorney’s can help you gather this evidence, including such items as:
- Photographs or videos of the dog attack or injuries;
- Medical reports and medical bills; and
- Any eye witness accounts.
Wrongful Death Claims
A wrongful death claim is a type of personal injury lawsuit where the death of a person is caused by the wrongful action, neglect, or default of another individual or entity. The family of the victim can bring these cases and can recover compensation for damages, such as memorial expenses, lost financial support and benefits, medical bills and expenses related to the death, and pain and suffering experienced by the surviving family members. Nothing can bring back a loved one, but you do deserve just compensation for your pain and suffering.
Car Accidents in Rock Hill
Car accidents can be overwhelming, here are some next steps to take immediately after being in a car wreck. Common causes of car accidents include drunk driving, distracted driving, automobile defects, reckless driving, speeding, inexperienced drivers, and poor road conditions. All drivers in South Carolina are legally required to carry liability insurance which covers damages for any injuries sustained in the accident. For personal injury claims of this nature, having specific pieces of evidence can make or break the case. Some key pieces of evidence our attorneys can help you collect include photographs or videos of the accident, the police report from the scene, witness statements, and any medical records.
Have You Been Involved in a Bicycle Accident in South Carolina? Let us Help
In bicycle accident personal injury cases, the same elements need to be demonstrated. Bicycle riders in South Carolina have the same duties and privileges of those operating motor vehicles on the road. This means that people riding bicycles have to follow the flow of traffic and obey traffic laws, and must use lights and reflectors when operating a bicycle after dark. Understanding these duties as bicycle riders is important as it can help build your personal injury case.
Damages in Personal Injury Cases
Damages are primarily compensation for the injuries caused as a result of negligent action. Along with the negligent party, insurance companies can provide a settlement payout to compensate you. However, the insurance company’s goal is to minimize the cost to their company, so having a personal injury attorney from David W. Martin Law Group on your side to help negotiate is crucial.
There are several types of damages available for victims of personal injury cases. Common types of damages include, but are not limited to:
- Past and future medical expenses, such as hospital bills, doctors visits, and prescription medications;
- Property damages to the vehicle, such as the cost of repairing or replacing the vehicle;
- Past and future lost earnings, if you are unable to work due to your injuries; and
- Pain and suffering resulting from emotional distress caused by the accident.
Our Personal Injury Attorneys are Here to Help
If you have been involved in any type of accident and have been injured, you should consult with the dedicated personal injury attorneys from David W. Martin Law Group. A personal injury case can be a complicated and emotional process. Injured individuals often face a wide range of challenges, including physical pain, emotional trauma, lost wages, medical expenses, and long-term disability. This is where an experienced attorney can be invaluable.
An attorney can offer a wealth of knowledge and experience in personal injury law. They can help an injured person navigate the complex legal system and ensure that their rights are protected. Our personal injury attorneys can provide expert guidance and advice throughout the entire process, from the initial consultation to settlement negotiations or trial.
One of the primary ways an attorney can assist in a personal injury case is by conducting a thorough investigation into the circumstances surrounding the injury. This can include gathering evidence, interviewing witnesses, reviewing medical records, and consulting with experts. By conducting a detailed investigation, our attorneys can build a strong case and increase the likelihood of a favorable outcome for our clients.
Another critical role of an attorney is to handle all communications and negotiations with insurance companies and other parties involved in the case. This can be a complex and time-consuming process, but our experienced attorneys can use their knowledge and skills to negotiate a fair settlement on behalf of our clients.
In the event that a settlement cannot be reached, our attorneys can also represent clients in court. This includes preparing and presenting a compelling case to a judge or jury, advocating for our clients’ rights, and working to secure a favorable outcome.
Overall, hiring an attorney from David W. Martin Law Group for a personal injury case can provide a significant advantage to an injured individual. From navigating the legal system to negotiating with insurance companies and representing their client in court, our attorneys can provide expert guidance and support throughout the entire process. You can visit our office at 331 Oakland Avenue, Rock Hill, South Carolina, or call us at 803-274-6442 for legal advice.
Always Prepared for Court
While we do all we can to settle cases in your benefit, we are also fully prepared to take your battle to court and win.
A Personal Touch to Every Case
We know that every case is different, and we treat them all with the same respect and attention. You’ll never be a number in our system, we will get to know you and every detail of your situation to get you the best outcome possible.
David W. Martin grew up right in Fort Mill and created his firm to represent the people who needed him most in the community he loves.
Your Legal Team
At David W. Martin Law Group, our team of attorneys have the experience to help you achieve the best possible result based upon your facts and circumstances in South Carolina.