Hampton, SC Personal Injury Lawyer
Personal injury lawyers help victims after accidents that lead to mild, moderate, or severe injuries. If you spent any time in the hospital or away from work because of an injury that you suffered, then you have damages that you need compensated, and our lawyers can help you get them.
If you attempt to file an insurance claim without a lawyer, you may be able to get some damages paid, but this will often leave you shortchanged. Insurance companies are often unwilling to pay full damages without intense negotiation. Even then, they might refuse to pay unless and until you get a jury verdict against them. Our lawyers will help you make this happen.
For your free case review with our experienced personal injury lawyers, call Burriss Ridgeway Injury Lawyers at (803) 451-4000.
What is Needed for a Personal Injury Claim in Hampton, SC?
To have a claim – and to be able to win your case in court – you will need a few things:
An Injury
These are called “personal injury” cases because they deal with bodily injury. In many cases, you can still file a claim if you were hit, fell, or otherwise suffered some sort of physical contact but are more concerned with your mental and emotional injuries than physical injuries. However, you cannot usually sue if there was a potential for injury but no actual injury.
For example, if you were in a grocery store and saw a sharp corner on a shelf and thought, “Wow, that could really hurt someone!” that usually will not be enough for a lawsuit.
When there is an injury, no injury is too small or too insignificant. While your damages will certainly be lower for minor injuries, the fact is, you can bring your case and seek compensation for any money you spent or lost because of the injury. This includes medical bills and lost wages, which you might suffer even for a relatively minor injury. Of course, you can also sue for injuries resulting in long-term disabilities or life-altering injuries, and these cases will often be worth far higher damages.
Elements of an Injury Case
When you sue for an injury, you typically file a “negligence” claim. While you can sue for intentional injuries, most claims based on “negligence” allege that the defendant merely violated a legal duty that they owed you rather than injuring you on purpose.
In these cases, the duty is usually based on either a law or general principles of reasonableness in the given situation. For example, traffic laws and building codes impose explicit duties on drivers and property owners, respectively, and any injury they cause you by violating these rules could allow you to sue them. However, something like the care a doctor owes their patient will be based on what is reasonable for a doctor with similar training and experience to provide.
Lastly, you must also be able to show that this breach of duty actually caused your injuries. If some other intervening event caused the injury, that would be the cause instead. If the injury was unavoidable, it might be difficult to show it was the defendant’s fault.
Evidence
Plaintiffs have the “burden of proof and production.” This means it is up to you – the party bringing the case – to have your personal injury lawyers bring evidence to court that is sufficient to prove your claim is more likely than not to be true. Our attorneys can guide you through the process of evidence collection, depose witnesses, subpoena records and videos, and take other steps to collect and analyze evidence, including the following pieces of evidence.
First, your testimony and any eyewitness testimony will be vital in explaining what happened. Second, if there are videos or photos that help back up this testimony, these will be great visuals for the jury. Third, any records related to the accident – such as accident reports and medical records – can be great evidence to help show the accident was serious and to indicate when and where the accident happened.
Other pieces of evidence may be involved in your case as well. For example, in a product injury case, the product that injured you will be important evidence, as will expert witness reports examining the product to explain how and why it failed. In medical malpractice claims, expert witnesses will also be needed to explain to the jury what medical care was required and why the medical care actually given in your case was insufficient or negligent.
Bills, financial statements, and other records will also be needed to prove the economic damages you faced.
When to Reach Out to a Lawyer for an Injury Case in Hampton, SC
As mentioned, your case potentially qualifies for a personal injury claim whenever you face an injury. Even cases with mild or moderate injuries might be worth pursuing in court if you have damages and expenses you need covered, and you should not hesitate to contact a lawyer for these kinds of cases.
As for when in the process you should call a lawyer, this can be challenging. If you are able to look up a lawyer online and make a call on the day of the accident, that would be ideal. However, many injury victims need to spend the first days or weeks after an accident focusing on their recovery, especially in cases of near-fatal accidents or serious injuries. If you need to, focus on getting treatment first. However, keep in mind that South Carolina law only gives you 3 years to file your case, and it takes quite some time to prepare a case. As such, you should call our lawyers as soon as you can after your accident.
Call Our Personal Injury Lawyers in Hampton, SC Today
Call (803) 451-4000 for a case assessment with the personal injury attorneys at Burriss Ridgeway Injury Lawyers.