Bishopville, SC Personal Injury Lawyers
You may not face any caps on damages in your personal injury lawsuit, but that does not promise a fair recovery. Before filing your case, we will calculate damages and get proof of them. Hospital bills, tax returns, and testimony help us prove damages, and we will keep these records organized for your case.
Good evidence typically can help an injury case move faster and result in higher compensation. This is particularly true when we have eyewitness statements and videos proving fault. If your case ends in a settlement, you may get structured payments over time. If it ends in a jury award, you may receive structured payments or a single lump sum payment. Regardless, we can work to ensure your recovery encompasses all damages from a personal injury in Bishopville.
Get help with your case by calling the personal injury lawyers of Burriss Ridgeway Injury Lawyers at (803) 451-4000.
When Can You Bring a Personal Injury Case in Bishopville, SC?
Many victims struggle to know if their injuries are significant enough to warrant civil litigation against a liable party. Not only can our lawyers confirm whether you have a valid case, but we can also help you file your lawsuit and pursue compensation.
It is your right to file a personal injury lawsuit and seek compensation from another party who breached the duty of care they owed you and caused your injuries. Common accidents that lead to lawsuits include motor vehicle accidents, bicycle accidents, slip and falls, and defective product accidents, among others.
After reviewing the circumstances of the accident, we can determine whether the defendant breached their duty of care through action or inaction, thereby making them legally liable for your damages.
What Evidence Can You Use to Win Your Personal Injury Case?
Personal injury plaintiffs need strong evidence to win their compensation claims, such as photographs, eyewitness testimony, video footage, expert witness testimony, and medical records.
Photographs
Photographs are key pieces of evidence in most personal injury lawsuits. Photos can preserve the scene immediately after a collision or other accident, allowing our personal injury lawyers to glean important information that might otherwise be cleared away for others’ safety.
Most personal injury plaintiffs take good photos with their phones, making it easy for our lawyers to obtain and review them. Obtaining additional photos from law enforcement or eyewitnesses requires several extra steps, which we can handle for you.
Video Footage
Video footage may help you win your case, especially if it shows the events leading up to the incident or the exact moment the injury occurred. Video footage from after an incident, depicting the fallout or the victim’s injuries, can also be useful, especially for accident reconstruction purposes.
Video footage often comes from security cameras, and our lawyers can determine whether any were in the area and could have been filming at the time.
Eyewitness Testimony
Tracking down eyewitnesses should be a top priority for the attorneys of personal injury victims. Eyewitnesses can give statements and testify regarding their firsthand observations. Testimony can concern the defendant’s reckless or negligent conduct, the victim’s immediate and evident injuries, and the general extent of property damage or other fallout, as well as other useful details.
Expert Witness Testimony
Expert witnesses can substantiate particular claims we make during your case, such as the negligent driver’s estimated speed at the time of impact or the permanent nature of your injuries. Jurors can be especially confident in the testimony of expert witnesses, so enlisting and using experts in your case may make all the difference if you go to trial.
Medical Records
You simply cannot win your personal injury case without medical records. Records include documentation of triage and emergency care, diagnostic and imaging test results, doctors’ notes, medication prescriptions and dosages, and any records associated with your follow-up care from specialists or ongoing medical treatment for severe injuries.
Bills and Invoices
Without bills and invoices that prove your economic damages, you cannot recover compensation in a personal injury case. Depend on our attorneys to maintain organized records of all hospital and medical expenses, missed wages, property damage expenses, and more.
Journals and Daily Logs
For damages that do not have a price tag, such as pain and suffering, our lawyers can use alternative calculation methods and evidence to support their claims, including journal entries and the victim’s testimony.
Are Damages Capped in South Carolina Personal Injury Lawsuits?
Say you file a lawsuit, go to trial, and the jury finds the defendant liable. In that case, the jury will award compensation rather than our lawyers and the defense agreeing on a settlement. The jury will base the award on the damages requests we outlined in your complaint and the evidence we present at trial. Some states cap jury awards, limiting how much victims can recover, even if they win at trial.
Economic Damages
South Carolina does not cap compensatory damages in regular personal injury lawsuits. That includes economic damages, such as hospital bills, missed wages, home modification expenses, transportation expenses, and any other out-of-pocket costs we can connect to your injuries.
Non-Economic Damages
While there are caps on non-economic damages in South Carolina medical malpractice claims, which we can explain if they apply, but no caps on non-economic damages in regular personal injury claims. The lack of limits benefits victims, especially those with particularly painful, disfiguring, or distressing injuries.
Punitive Damages
You may get punitive damages if the defendant injured you through willful, wanton, or reckless conduct. In South Carolina, punitive damages typically cannot exceed $500,000 or three times the amount of compensatory damages awarded, whichever amount is greater.
There are exceptions to this limitation that allow juries to award more punitive damages, and we can see whether any apply to your case.
Why Do Some Personal Injury Lawsuits Take Longer Than Others in Bishopville, SC?
Some personal injury lawsuits take longer than others to resolve. Each case is unique, with different parties involved. Some defendants might be more willing to settle; others less so. More complex cases involving a more substantial discovery process may take longer as well.
Lengthy Discovery Phase
After our personal injury lawyers file a lawsuit, the case enters the “discovery” phase. At this point, we will learn more about the other side’s case, evidence, and likely defense. If we have stronger evidence, we may get a settlement fast. If there are conflicting witness statements, we may need to involve experts to clarify matters.
The more complicated a case and the more evidence involved, the longer the discovery phase may take.
Liability Disputes
Liability disputes during settlement negotiations are a leading reason some personal injury cases take longer to resolve than others. A defendant might argue that the plaintiff was also negligent and contributed to the accident. Defendants do this so that they may avoid liability for all damages, as South Carolina’s comparative fault rule lowers damages for victims who share fault.
Settlement vs. Trial
Settling a case is not always quicker than going to trial, and vice versa. That said, many plaintiffs file lawsuits hoping to settle as quickly as possible and claim the damages they need. We will keep you updated on the progress of settlement negotiations and let you know if we think going to court will yield more compensation sooner.
What to Do Before Filing a Personal Injury Lawsuit in Bishopville, SC
Let our attorneys ensure you have a strong claim before filing it in South Carolina, which includes knowing the full extent of your physical injuries and economic and non-economic damages.
Confirm Your Injuries
Before filing an injury lawsuit, you should know the extent of the injury. Some injuries are harder to diagnose, like traumatic brain injuries. It may take doctors weeks or months to confirm your injuries.
When you file, you still might not know an injury’s full impact on your life. For example, recovery from a spinal cord injury might not be linear, and you may need more medical treatments in the future. We can anticipate that with help from your physicians, who can testify at trial.
Medical experts can testify about your injuries, upcoming treatments, and limitations you experience because of your injuries, and their testimony can be incredibly impactful to jurors.
Know Your Damages
You should also know your damages before filing a personal injury lawsuit. When you sue someone in South Carolina, you make a specific request for relief from damages. The goal of the lawsuit is to make you “whole” again, but if you leave certain damages out of relief requests, they will not be covered.
Let us add up all medical damages, lost wages, and non-economic damages since an accident. Plaintiffs commonly underestimate their non-economic damages, failing to realize that pain and suffering are just as worthy of compensation.
If you know your total damages, you can avoid signing a bad settlement that benefits the defendant more than it benefits you.
Contact Our Attorneys
Even if you are unsure about filing a personal injury lawsuit, discuss your recent accident for free with our lawyers. We can determine if someone else’s negligent conduct harmed you, making them liable for your damages, both economic and non-economic.
We can also gather evidence you need to prove liability. You need strong evidence to win a personal injury lawsuit or secure a good out-of-court settlement, and we can gather eyewitness statements, photos, and videos as we prepare your claim.
How Long Do You Have to Bring a Personal Injury Claim in Bishopville, SC?
You do not have unlimited time to pursue compensation after sustaining a personal injury in South Carolina. You must learn the statute of limitations so you do not miss your opportunity to recover.
Plaintiffs in South Carolina have three years to sue for injury. Three years is less time than it may seem and complex cases may take nearly that long to prepare. Getting a lawyer right away can improve your chances of success, so do not wait.
Our Bishopville, SC Personal Injury Attorneys Can Help
Call our personal injury lawyers at (803) 451-4000 for a free case assessment from Burriss Ridgeway Injury Lawyers.