Fort Mill Personal Injury Lawyer
After being involved in a severe accident, you may have numerous questions about how to manage the injuries you sustained, when you will be able to go back to work, and what permanent effects your unfortunate experience could have on your future. If your accident was someone else’s fault, though, the most important question you should be asking yourself is what options you may have for pursuing civil compensation.
During an initial consultation, a knowledgeable Fort Mill personal injury lawyer could go over the circumstances of your accident with you and help determine whether they constitute grounds for litigation. If so, a dedicated attorney at Schiller & Hamilton could assist you with cataloging your damages, proving legal negligence, and seeking appropriate restitution in or out of court.
Types of Personal Injury Cases
There are many reasons why a person might choose to file a personal injury claim. This could include accidents such as:
- Medical errors
- Car, truck, bus, and motorcycle accidents
- Nursing home abuse
- Hazardous drugs
- Slip and falls
- Animal bites
- Occupational hazards
- Wrongful death
- Property accidents
Filing Suit Based on Legal Negligence
Although some cases may be based on other legal grounds, most personal injury claims in South Carolina seek compensation based on another person or entity’s legal negligence. Negligence entails someone—the defendant in a case—violating a duty of care they owed to someone else—the plaintiff filing suit—and, in doing so, directly causing an accident that resulted in compensable losses.
In order for their civil suit to be successful, a plaintiff—typically with the help of a Fort Mill personal injury attorney—must prove that all the elements of legal negligence were present in the incident that caused them to be injured. They must also demonstrate the economic and non-economic losses they suffered through the use of bills and receipts, witness testimony, contemporaneous accounts, and other such evidence.
Through a private settlement or favorable court verdict, plaintiffs in Fort Mill may be able to recover compensation for, among other damages:
- Medical expenses, including those for outpatient therapy and prescription medications
- Lost work wages during recovery from an injury
- Costs of repairing or replacing property damaged in an accident
- Loss of enjoyment of life
- Loss of consortium with a spouse
- Pain and suffering
Potential Obstacles to Recovery
One of the most common tactics used by civil defendants to mitigate their own liability for an accident is accusing the injured plaintiff of being partially responsible for causing their own damages. If a court agrees with this argument made by a defendant, they may proportionately reduce a plaintiff’s recoverable compensation based on their degree of fault, or prevent them from recovering anything if they are more 50 percent to blame.
Additionally, plaintiffs must make sure to file their case within the deadline set by the statute of limitations. According to South Carolina Code of Laws §15-3-530, the deadline for most cases is three years following the accident in question, although exceptions may apply in certain situations.
Various other prerequisites and limitations may impact specific types of cases differently. For these and many other reasons, retaining a skilled personal injury lawyer is almost always crucial for any plaintiff in Fort Mill seeking a positive outcome to their claim.
Learn More by Meeting with a Fort Mill Personal Injury Attorney
While it may seem obvious in some cases that someone is at fault for causing an accident, actually proving their negligence in court can often be a complex and time-consuming endeavors. In more complicated cases, various legal regulations and roadblocks could hinder or even totally negate the recovery of anyone who tries to pursue their claim without professional legal guidance.
In virtually every scenario, hiring an experienced Fort Mill personal injury lawyer is the best choice you could make if you want to file suit against someone else for civil damages. Call today to set up a consultation and start discussing your potential case.