Have you been injured in an accident that was not your fault? It is difficult enough being in an accident, but even worse when liability is not acknowledged.
There are around 39 million physician visits for unintentional injuries in the US every year. If you are part of this statistic, it is essential to know your rights. You could have a personal injury case under tort law.
What Is a Personal Injury Claim?
A personal injury claim is one of the most common legal claims in the US, with around 400,000 claims filed every year.
You also need to evidence specific facts for your case. For example, your injuries, how the injury occurred, how your life has been impacted, and any medical treatment you have received. Accidents can include car accidents, dog bites, falls, medical malpractice, and other issues.
Damage Claims Under Tort Law
Some damage claims under tort law depend on your state. For example, in South Carolina, you can claim compensatory and punitive damages. This can include:
- Medical expenses
- Damaged property
- Lost wages
- Emotional distress or pain
Punitive damage is focused on deterring the defendant from carrying out the same behavior again. It focuses on the defendant’s actions. Compensatory damage is to compensate you for costs associated with the injury.
Personal Injury Claim Laws
There are different laws regarding personal injury claims depending on your state. For example, in South Carolina, there is a 51% negligence rule. So you can only claim damages if your fault in the accident is 50% or less.
Plus, you have a time limit to file your claim: three years from the date of the injury. It is best to hire a lawyer who can ensure your claim sticks to state rules.
What Happens During These Claims
Around 4% to 5% of personal injury claims end up going to trial. Most are settled pre-trial. Your lawyer will investigate and put together your case.
Sometimes these claims are settled before a lawyer needs to file a lawsuit. Usually, it is when you have reached maximum medical improvement (MMI), so you know how much your personal injury case is worth.
If one side does not agree, it goes to litigation. It can take one to two years for your personal injury claim to go to trial. Your personal injury lawyer will help you prepare for trial if your claim goes to court.
Why You Need An Experienced Lawyer Like Sara Turner
A personal injury claim is a complicated, demanding, and emotional process to go through. You need a lawyer with the expertise and experience to deal with your claim and who you trust. Sara A. Turner is an experienced lawyer who protects clients’ rights in South Carolina and treats each case with the care and compassion it deserves. Request a consultation to find out how we can help with your case.