A personal injury lawyer represents people who have been injured by the wrongdoing of others. They seek compensation for their clients through negotiation and litigation.
Below, we discuss the types of cases personal injury attorneys handle, damages that may be available, and how a lawyer can assist with your claim.
Personal Injury Lawyers Help Victims After All Types of Accidents
Following is a list of the types of accidents and incidents for which victims frequently hire personal injury lawyers:
- Assault
- Aviation accidents
- Bicycle accidents
- Boating accidents
- Bus accidents
- Car accidents
- Construction accidents
- Dog bites
- Drowning accidents
- Medical malpractice
- Motorcycle accidents
- Nursing home abuse and neglect
- Pedestrian accidents
- Premises liability
- Product liability
- Public transportation accidents
- Slip and fall accidents
- Swimming pool accidents
- Truck accidents
- Workplace accidents
Personal injury attorneys also help families file wrongful death claims after they lose a loved one due to another party’s negligence or misconduct.
What Damages Are Available in a South Carolina Personal Injury Case?
South Carolina offers three kinds of damages to the extent that you qualify for them:
- Economic damages: Medical bills, lost earnings, out-of-pocket expenses, etc.
- Non-economic damages: Pain and suffering, loss of companionship, loss of enjoyment of life, emotional distress, etc.
- Punitive damages to punish wrongdoers
South Carolina courts usually don’t award punitive damages unless the defendant’s conduct was willful or reckless. However, a persuasive lawyer can make a significant difference.
Different Theories of Liability
Here are five of the most common theories of liability that personal injury lawyers use:
- Negligence: Careless behavior that leads to injury.
- Intentional tort: Intentional wrongdoing, such as a road rage incident.
- Strict liability: Liability without proof of intent, such as product liability.
- Premises liability: Liability for dangerous conditions on land or in buildings.
- Vicarious liability: Liability of one party for the wrongdoing of another; employer liability for employee misbehavior is an example.
Other forms of liability exist, but they are used less frequently or they are less relevant to personal injury law.
Ways a Personal Injury Lawyer Can Help With Your Claim
A lawyer can help you right from the start of your case all the way until you receive compensation.
Provide Advice on How to Protect Your Claim
Your attorney can provide invaluable advice and guidance regarding how to protect your rights, including the following:
- Stay off of social media while your claim is pending.
- Gather all of the evidence in your possession. This includes photos, videos, witness statements, medical bills, and any other documentation that supports your claim.
- Don’t give a recorded statement to the insurance company.
- Don’t accept a quick settlement from the insurer or opposing party. The first settlement offer is likely to be a deficient lowball offer.
There are dozens of other tidbits of advice your lawyer might provide you with, depending on your circumstances.
Gather Evidence
Your lawyer will take all of the evidence that you gave them and seek more:
- A copy of your medical records from the hospital
- A copy of the accident report
- Transcripts of interviews with witnesses
- An expert witness report that supports your side of the story
- Dashcam footage
- Your employment records, if you are claiming damages based on lost earnings
- Property damage estimates
These are only a few of many possible examples of useful evidence. Some evidence, of course, will remain in the possession of the defendant until and unless you engage in the discovery process.
Draft and Send a Demand Letter
A demand letter is a letter to the paying party (usually an insurance company) that:
- Introduces your claim
- Justifies it
- Estimates your damages
- Demands compensation
- Sets a deadline for a response
Your lawyer should be the one to draft your demand letter. It should include supporting documentation such as medical records.
Negotiate With the Opposing Party
The demand letter (hopefully) sets the stage for negotiations between your lawyer and the opposing side. You can expect a volley of offers and counteroffers.
The other side will almost certainly try to use the doctrine of comparative negligence against you. In other words, they will assert that the accident was at least partly your fault and that you should, therefore, either abandon your claim or settle for less.
Draft and File Court Pleadings
If the opposing party flatly rejects your claim, or if negotiations stall, it might be time to file a lawsuit. Filing a lawsuit doesn’t necessarily mean you’re going to trial, but it does mean that you gain access to the pretrial discovery process (see below). It also means that you have filed your case within the statute of limitations deadline.
Conduct Discovery
Pretrial discovery is a court-supervised process that allows each side to demand evidence that is in the possession of the other side.
This evidence includes:
- Sworn testimony (provided by witnesses at a deposition)
- Interrogatories (written questions)
- Demands for copies of relevant documents
- Demands for access to physical evidence, such as the defendant’s automobile or the plaintiff’s injuries
Pretrial discovery often tilts the balance of negotiating power so far in favor of the plaintiff that the defendant has no choice but to settle or face certain defeat at trial.
Represent You During Mediation
If you can’t come to a settlement, the judge will probably pressure you to attend mediation. They might even refuse to schedule a trial until you at least try mediation. It’s best for you to ask your attorney to appear at mediation to assist you.
Draft a Settlement Agreement
Once you reach a settlement, a handshake simply isn’t going to be enough. Your attorney will prepare a written settlement agreement. The other side’s lawyer will probably demand changes in its text, but the lawyers should be able to work out any differences relatively quickly.
Represent You at Trial (If Necessary)
Trial is a last resort for most personal injury lawyers (as well as most parties to a dispute). If the opposing party simply won’t settle, you’re going to need a lawyer to represent you at trial. This is generally true even for small claims. Professional representation is even more important for larger claims.
Schedule a Free Initial Consultation With a South Carolina Personal Injury Lawyer To Discuss Your Case
Most South Carolina personal injury attorneys offer free initial consultations to potential clients. At a consultation, a lawyer will ask you questions and help you explore your legal options. Since personal injury lawyers only get paid if they win, they have no motivation to sugar-coat your claim–if they don’t think it is winnable, they will say so. Contact our personal injury lawyers at Elrod Pope Accident & Injury Attorneys. You can schedule a free initial consultation at (803) 324-7574.