Frequently Asked Questions About Personal Injury
After being involved in an accident, for example, in a car accident or a slip and fall accident, several questions about personal injury arise. If you’ve recently been in an accident and have questions about personal injury, you have come to the right place. This article answers some of the most frequently asked questions about personal injury.
Do I have a personal injury case?
If you were involved in an accident due to another person’s negligence and suffered serious injuries, you may be qualified to file a personal injury case and recover compensation. It can be difficult to determine liability after an accident, so it is best to contact a qualified attorney after being involved in an accident. An experienced attorney can assess your situation and tell you if another party is to blame for your accident and injuries. An attorney can also help you prove liability if you have a valid personal injury case.
How long do I have to bring forward a personal injury case?
The amount of time you have to file a personal injury case depends on your state’s law. In South Carolina, you have three years to file a personal injury case, and the clock generally starts ticking after you suffer your injuries. You may be barred from recovering compensation if you don’t file your personal injury case within three years.
Practically, it is best to pursue a personal injury case as soon as possible. If you delay pursuing a personal injury case, evidence may be destroyed or altered. Also, witnesses may forget what they saw.
What damages can I recover in a personal injury case?
Damages usually available in a personal injury case are economic and non-economic damages. These damages are referred to as compensatory damages since they compensate the injured party for incurred losses. Economic damages include lost wages and medical expenses. On the other hand, non-economic damages include pain and suffering. There are a few personal injury victims who are awarded punitive damages. In SC, punitive damages are allowed when it is determined that the defendant acted with malice or was reckless or willful in causing harm.
What is my personal injury case worth?
It is impossible to state the exact amount of money you can expect to recover in your injury case. Each case is unique. The value of your injury case depends on the factors surrounding your case. A qualified attorney can assess the specifics of your case and help you determine the estimated value of your case.
The following are some of the factors that can affect the value of your injury case;
- The severity of your injuries
- Past and future medical expenses
- Pain and suffering
- Lost wages
Can I file a personal injury case if I was partly at fault for my accident?
In SC, you can file a personal injury case even if you are partly at fault for your accident. You are only ineligible to file a personal injury claim in SC if you are more than 50% to blame for your accident. This is because SC follows the modified comparative negligence rule.
Contact the Gus Anastopoulo Law Firm
If you need guidance or help from a South Carolina personal injury lawyer, contact our Charleston personal injury lawyer at the Gus Anastopoulo Law Firm.
Source:
law.cornell.edu/wex/negligence
