An accident can seem like it happens out of nowhere, but after a little digging, it’s plain to see what happened and who was responsible. The law allows people injured by other people to seek compensation through insurance or through the courts.
Our personal injury attorneys in Goose Creek aid victims so that they can get their due compensation. If you’ve been hurt in Goose Creek, our team wants to aid you in your personal injury claim. MDSW Legal has a wide practice field that covers many personal injury situations.
The Core of All Personal Injury Claims
In any personal injury case, no matter the reason, there is a core set of requirements your lawyer must meet to make your claim valid. The exact type of case may make some of these harder to prove, but they’re all present. Your lawyer will start their work for you by finding the core of the case.
Duty of Care
We owe a duty of care towards other people. Sometimes, this duty is spelled out by law, and sometimes, it’s common sense. A duty of care is a standard of behavior a reasonable person would take in a situation.
All reasonable drivers want to avoid a crash. All reasonable doctors want to heal their patients based on the current standards of care. These duties we have toward one another are the rules that keep us from harm.
When a personal lawyer seeks who to sue, the first thing they look for is if there is a duty of care present. It could be one person or many, an individual, or a corporation, or even a government. Whoever they are, we need to find them.
Breach of the Duty of Care
Once we know who could be involved, now we need to see who breached their duty of care. This breach can be deliberate, like with violent crimes, but in most personal injury situations it’s because of negligence.
Negligence creates the circumstances where an injury could happen. If there are multiple negligent parties, including you, there are legal standards to decide who can be sued and how to divvy up the amount of responsibility for an accident.
One example is comparative negligence. In South Carolina, you can only sue if you’re less than 50% responsible for an accident. Any responsibility you had in the accident reduces your final compensation amount.
The next thing to prove is that you were injured because of the breach we just mentioned. Negligence alone can sometimes be a crime, but to make it a personal injury case, there has to be an injury.
This is usually easy to prove through things like accident reports and medical records. But sometimes, it can be quite hard to prove. Medical malpractice is an example where it can take a lot of research and argument to prove someone’s negligence caused your injury.
You wouldn’t want to sue someone for a paper cut, even if their negligence caused it. The consequences aren’t severe enough to make it worth your time. These consequences are called damages in legal-speak.
Calculating the full value of your case is a crucial part of any personal injury situation. Without evidence of the harm you suffered, both economically and non-economically, we cannot prove a claim to an insurer or to the court.
How Will My Personal Injury Lawyer Prove These Things?
Our personal injury lawyers in Goose Creek perform many tasks for their clients to help them win due compensation. Some of these tasks include:
- Interviewing people about what happened
- Gathering documentation from official sources
- Negotiating with insurance companies about what happened
- Building cases for trial
- Giving advice on what to do and what to avoid for your situation
- Shielding you from tactics to weaken your case from the other side
- Keeping you informed about the progress of your case
Your lawyer does far more than prove your claim. If you’re facing a personal injury situation alone, you have few advantages. Consider this: insurance companies hire small armies of lawyers to negotiate claims in their favor. Why shouldn’t you have legal on your side as well?
Reach Out to Miller, Dawson, Sigal & Ward for Assistance
Consulting with one of our Goose Creek personal injury lawyers is free and without obligation. We will listen to your story and see if you have a case that meets the four things we’ve talked about. During your consultation, we’ll also give you some general advice to help you with your claim.
We’ve helped many people in South Carolina with their cases, as our testimonials show. See what the Thumbs Up Guys can do for you. Call to schedule an appointment or contact us online. We look forward to hearing from you.