If a negligent party was responsible for your personal injury, you don’t have to pay for any of your damages out of pocket. Instead, you can file a claim to recover financial compensation for them. Our personal injury lawyers in Kingstree can help you get started today.
The Miller, Dawson, Sigal & Ward team have years of experience, dedication, and knowledge to fight for even the toughest personal injury cases. Don’t hesitate to reach out to us to learn more about what we can do to ensure you get fairly compensated.
Do I Need a Lawyer to File a Claim?
In Kingstree, you don’t need to have a personal injury lawyer to file a claim. However, just because there’s no hard requirement doesn’t mean you shouldn’t hire a lawyer. Hiring a personal injury lawyer has many benefits that shouldn’t get underestimated. In most cases, hiring a lawyer is more than enough to get the insurance company to listen to your demands.
What Types of Personal Injury Cases Can Your Lawyers Handle?
There are many types of personal injury cases our lawyers can handle, including:
- Car accidents
- Truck accidents
- Slip and fall
- Medical malpractice
- Product liability
- Premises liability
- Dog bites
- Workers’ compensation
- Pedestrian accidents
- Nursing home abuse
These types of personal injury cases are only just a tiny list of what we can represent. We like to listen to all cases brought before us. So, don’t be afraid to reach out to us just because your personal injury case isn’t listed above.
What Can a Personal Injury Attorney in Kingstree Do for Me?
Our personal injury lawyers in Kingstree can help you fight for your case by:
- Gathering evidence for your claim
- Consulting with various experts and getting their testimony to support your claim
- Talking to witnesses and obtaining their statements about the accident that caused your personal injury
- Handling all communications with other parties, whether they’re directly involved or not
- Reviewing all deals made by the insurance company to ensure they’re fair and cover all your damages
- Representing you during negotiations and taking your claim to trial if necessary
After suffering an injury, you need to rest and relax to recover. Going through negotiations and fighting a legal battle in court will impede your ability to heal. Let us handle all the stress that goes into winning a settlement while you focus on what matters most, your wellbeing.
Comparative Negligence in an Accident Case
South Carolina uses comparative negligence laws under Official Code of South Carolina Annotated (OCSCA) § 15-38-15 when determining liability for an accident. Comparative negligence means that multiple parties may have shared the responsibility for an accident.
If you are determined to have been 10% at fault for an accident, you won’t be able to recover the full value of your damages. Instead, 10% will be deducted, leaving you eligible to recover 90% of the cost from the primarily liable party.
If you are determined to share over 50% of the fault for an accident, you can’t recover compensation. In fact, another party may be eligible to recover compensation from you.
The Earlier You Hire a Personal Injury Lawyer, the Better
In the days after you suffer a personal injury, you are at your most vulnerable. Insurance companies are aware of this and will attempt to take advantage of this vulnerability. There are many tricks that insurance adjusters will use to attempt to devalue your claim or deny it altogether.
They will likely try to get you to give an official statement about your accident that they will dissect and use against you if possible. Another common tactic that insurance companies use is to approach accident victims with a lowball settlement offer.
The amount they offer may seem like a lot in the moment as you worry about your medical bills, but it is probably only a small percentage of the full value of your claim.
By hiring a Kingstree personal injury attorney as soon as possible, you can force the insurance companies to go through your legal representative rather than contacting you directly. An experienced personal injury attorney will be familiar with all the tactics that the insurance company is likely to employ and how to fight back.
What Kind of Damages Are Eligible for Compensation?
The two types of damages that you can generally receive compensation for are economic and non-economic damages. Both result from your personal injury but will get calculated in different ways.
These damages typically include:
- Lost wages
- Medical expenses for your injury
- Property damage
- Vehicle repairs or replacement
Economic damages are straightforward to calculate since they all have fixed costs. Always retain all your receipts, bills, and invoices, as these make it easier to add up all your economic damages and factor them into your final settlement total.
Non-economic damages don’t have fixed costs. These damages fluctuate depending on their severity, impact, and the effect they’ve had on your life. Some of the most common non-economic damages include:
- Wrongful death
- Pain and suffering
- Mental Anguish
- Loss of consortium
- Loss of enjoyment of life
Our Kingstree personal injury lawyers know that money can’t replace the life of a loved one or fix all the trauma that comes from sustaining a terrible injury. However, we hope you can continue to move forward with your life and find closure with the money you receive.
Punitive Damages for Personal Injury Claims
Under the South Carolina Code of Laws § 15-32-510, you can receive a reward for punitive damages. However, you can only get this reward if you successfully obtain compensatory damages and if the negligent party was extraordinarily negligent or intentionally trying to cause harm.
The reward for punitive damages acts as punishment towards the negligent party for their egregiously negligent or intentional act that caused harm to others. It’s also important to keep in mind that not every personal injury case will qualify to get a reward for punitive damages.
How Much Will My Personal Injury Settlement Be?
The amount you can win in your personal injury settlement will vary depending on the unique factors surrounding your case.
Unfortunately, there’s no real way to calculate an average since there are so many different types of personal injury cases. If you want an estimate on how much you can win, it’s best to consult with one of our personal injury lawyers.
How Much does It Cost to Hire a Personal Injury Lawyer in Kingstree?
You don’t have to worry about paying upfront when hiring our Kingstree personal injury attorneys. The Thumbs Up Guys never charge any fees for our services unless we win compensation for your case. If we don’t, you owe us nothing. We only take a portion of your settlement as payment. The rest will go to you.
The Statute of Limitations for Personal Injury Claims in South Carolina
South Carolina Code of Laws § 15-3-530 gives South Carolina personal injury victims three years to file a claim. This timeframe is general, and circumstances surrounding your case can make the time you have even shorter. It’s best not to delay building a solid case for your claim. Get help from one of our lawyers as soon as possible.
Get in Touch With Us for a Free Consultation Today
There’s no risk or obligation when you contact the Kingstree personal injury lawyers at Miller, Dawson, Sigal & Ward. With millions recovered for our clients, we will fight hard for your rights. Let us give you a free consultation today. Schedule an appointment online or over the phone. We are on call 24/7.