Mount Pleasant Personal Injury Lawyer
An accident resulting in personal injuries can change your life in ways you could never have anticipated. The emotional trauma and financial pressure to pay accident-related expenses can come to dominate your day-to-day experience. If you are feeling overwhelmed by worry, fear, and pain following an accident, a legal professional could help you assess your injuries and offer practical advice on recovering financial compensation for your harm and losses.
If another person or entity’s negligence or wrongdoing caused your injuries, they might be liable. A Mount Pleasant personal injury lawyer could review your case and help determine whether another party is responsible for your injuries. An experienced attorney could help you recover every form of compensation you may be due.
Typical Accidents and Resulting Damages
Any type of accident caused by another person or entity can result in a personal injury case. Some of the more typical accidents seen in personal injury claims include:
- Motor vehicle accidents
- Slip and fall or premises liability accidents where a person sustains an injury on another person’s property
- Workplace accidents
- Medical malpractice
- Defective product injuries
No matter what kind of accident occurred, resulting injuries can create both economic and non-economic harm. Damages recoverable from economic harm include medical expenses, lost wages, and property loss or replacement. Non-economic damages include mental anguish, pain and suffering, and loss of enjoyment of life.
Legal Requirements for Recovery
Under South Carolina law, a person seeking financial compensation in a personal injury lawsuit must establish that the at-fault party was negligent and that their negligence caused the accident. A person, company, or government entity may be found negligent if they failed to exercise a reasonable level of care towards the injured party. For example, a municipality might be considered negligent if they failed to fix a hazardous public sidewalk that led to the claimant’s injury.
South Carolina has specific legal elements that must be proven in order to establish the at-fault party’s negligence and liability. A personal injury attorney in Mount Pleasant familiar with these requirements could determine whether the necessary elements are present and evaluate the likelihood of establishing liability.
South Carolina’s Shared Fault Rule
The person being sued for damages in a personal injury lawsuit may argue that the injured party is responsible – in whole or in part – for the accident that led to their injuries. Under South Carolina’s “modified comparative negligence” rule, the amount of compensation the claimant may recover is reduced by an amount equivalent to their percentage of fault. For example, if the injured party is found to be 30 percent at fault for their own injuries, they will recover only 70 percent of the awarded compensation.
If the claimant is found to be more than 50 percent at fault, they are barred from compensation entirely – even if the other parties’ negligence contributed to the accident.
The comparative negligence rule is a challenging standard that savvy defendants such as insurance companies often raise in personal injury lawsuits. A Mount Pleasant personal injury attorney with experience handling comparative negligence claims could help clarify the parties’ relative fault and argue for proper compensation.
Contact a Mount Pleasant Personal Injury Attorney Today
If you have suffered economic or emotional loss as the result of an accident caused by another person or entity, you may be entitled to financial compensation. An experienced attorney could discuss with you the applicable laws and the process for seeking compensation from the responsible party or parties. Contact a Mount Pleasant personal injury lawyer today to arrange a time to discuss your case.
