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Allandale, SC Personal Injury Lawyer
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    Allandale, SC Personal Injury Lawyer

    After an accident, you are probably feeling a mix of emotions and concerns. You may feel like you need to get back to work, but if you need time to heal, you will have to miss out on that income. You may be afraid of how much you will be able to heal and recover but potentially unsure about how to come forward about the accident. You might also be dealing with anxiety from the growing medical bills, as well as pain and discomfort from your injuries.

    Our attorneys can help guide you through the aftermath and what comes next by helping you turn your feelings and anxieties into evidence of pain and suffering. We can file claims that help you advocate for yourself and get the compensation you need for those lost wages and mounting medical bills. And we can help you seek justice for the harm that was done to you.

    For a free case assessment, call our personal injury attorneys at Burriss Ridgeway Injury Lawyers by dialing (803) 451-4000.

    Damages You Can Claim in a Personal Injury Case in Allandale, SC

    “Personal injury” claims use this name because the primary concern with these cases is the injuries to your body and the other effects and expenses that stem from these injuries. Many different types of accidents can result in personal injury claims, and the effects you face from those accidents might vary greatly depending on the specific facts of what happened and what injuries you suffered. In most cases, our personal injury lawyers can help you claim the following damages at whatever value is appropriate for your case.

    Medical Expenses

    Any bills you receive for the care related to your accident and injury should be paid for entirely by the defendant in your case. This should include not only the cost of any treatment at the hospital – including surgeries and overnight stays – but also the cost of any ongoing care – such as physical therapy and rehabilitation. Medical expenses should also pay for medical transportation, imaging, medication, medical devices, crutches, and more.

    Not only is physical health important, but mental health is vital as well. Your therapy appointments to help you cope with the trauma of the accident or other fears and anxieties related to your injuries should also be covered in full.

    Lost Wages

    If you cannot work while recovering from your injuries or your injuries include long-term disabilities that mean you might not be able to work to the same level again, you should be compensated for this. Tracking and calculating the value of lost wages is often complex.

    If your lost wages were limited to a healing period and you are now back to work at full capacity and full wages, it will be easier to calculate the wages you missed during that limited period. However, if your injuries caused reduced wages or total disability, we will need to estimate how much money you would have made without the injury – projected through eventual retirement age – and take into account raises and promotions you might now miss out on. We then need to compare that to how much money you are projected to make now and claim the difference as your lost wage damages.

    Pain and Suffering

    The concept of pain and suffering is not that complicated: if you were injured, it hurts. Even though paying you for your pain cannot reverse the pain, it can certainly help. However, this is no price tag that can be put on one person’s suffering compared to another person’s suffering. As such, these damages are usually calculated using specific calculation shortcuts.

    One method is to assign a score to your pain, usually from 1.5 to 5. Then we multiply the rest of your damages by this amount to arrive at a value for pain and suffering. Alternatively, we can determine a per-day cost for your pain and suffering (usually using your wages as a starting point) and multiply that by the number of days you experience pain and suffering.

    One method is often better than the other, depending on the circumstances of your case, and we can always adjust the value up or down after the initial calculation.

    How to Prove a Personal Injury Claim in Allandale, SC

    Most injury claims are based on a cause of action called “negligence.”  When you file a negligence case, you must prove that the defendant was the person who caused your accident, and they did so by failing to uphold a legal duty they owed you. This can stem from a statutory duty, such as the duty to follow the speed limit. It can also stem from a duty based on reasonable actions in a given situation, usually tied to a relationship between the defendant and victim. For example, a doctor needs to provide reasonable medical care to a patient. Similarly, a homeowner needs to take reasonable steps to warn a guest of dangers on their property.

    In the following types of cases, you usually need to prove these facts:

    Slip and Falls/Property Injuries

    If you get hurt on someone else’s property, it is usually because that property had some defect. If the property owner failed to adequately warn you about the danger or simply repair the defect, then it would be their fault that you slipped, tripped, or otherwise fell or that you suffered other injuries (e.g., burns, electrocution, drowning, structural collapse).

    Medical Malpractice

    Usually with medical malpractice, there is no “accident.”  Instead, the harm comes from a doctor who failed to provide adequate care. They might have done this by failing to adequately screen you for a condition, resulting in misdiagnosis or a failure to diagnose; they might have committed errors in prescribing medication or performing surgery; or they may have left a tool or sponge inside during surgery. In any case, these issues violate the “standard of care” they are required to meet.

    Auto Accidents

    Traffic violations and other unsafe driving mistakes can form the grounds for a negligence claim in a car accident case. In many cases, the claim will be based on your testimony about what happened, but this can be backed up with physical evidence that matches what you say (e.g., paint damage indicating where the cars struck each other). You can also make your case stronger and prove that the other driver did something wrong if you have witness testimony, traffic cam footage, or dash cam footage.

    Call Our Personal Injury Attorneys in Allandale, SC Today

    For a free review of your potential injury case, call the personal injury lawyers at Burriss Ridgeway Injury Lawyers at (803) 451-4000.