Colleton Personal Injury Lawyer
Even when life is getting on perfectly, someone’s negligence could cause injuries that leave you in serious financial trouble. Fortunately, our firm can explore options with you to get the compensation you deserve.
Suffering a personal injury can be a deeply traumatic and emotionally draining experience. Most victims do not know where to begin after the accident. Our attorneys are here to step in when things get overwhelming and help you start the claims process. After our first meeting, we will have enough information to gather additional evidence and file your complaint. Once litigation starts, our team will aggressively negotiate on your behalf so you get a settlement that reflects the full scope of your losses. If insurance is not enough to cover your losses, we can fight your case in court.
Call our personal injury lawyers at Burriss Ridgeway Injury Lawyers today at (803) 451-4000 for a free case assessment.
Understanding the Personal Injury Claims Process in Colleton
Filing a personal injury claim is often stressful. Fortunately, our personal injury attorneys are here to clarify any confusion you might have about recovering compensation for your injuries. At our first meeting, our lawyers will walk you through the process and what you will need to prepare for. Until then, the following should help you understand what filing a claim will be like:
Your First Case Consult
The first step to getting the compensation you deserve is your initial case consultation with our team. This meeting is crucial in the legal process, as it allows your attorney to assess the details of your case and determine whether you have a viable claim for damages.
During your review, we will be able to gather all the details you remember from your accident. We will also take any documents, such as police reports or emergency room records, you have with you at the time. Afterward, we should know all the parties involved, where you received your medical care, and what to do next to prepare your case.
If you do not have medical documentation at this time, do not worry. We work for you and part of that job is reaching out to your medical and insurance providers to collect whatever documents are necessary to support your claims. Our attorneys can obtain medical records, invoices, and insurance information, just to name a few. We can also help you find the medical care you need if you are having trouble arranging a provider.
Gathering Your Evidence
Because most personal injury cases follow a common path, our lawyers typically know where and how to find the evidence you need. However, we also know the importance of investigating your case thoroughly. In some cases, our team will need to go to the site of your accident. For instance, pictures of a complex intersection could help corroborate your claims and contradict the other driver’s story.
We can also check if your accident was captured on nearby surveillance cameras. As technology has become more affordable, many homes and businesses have equipped cameras for added security. We can request this footage through our office, where we can direct them to retain the footage for legal purposes.
Once we have enough evidence to reasonably validate your claims, we can prepare your complaint.
Drafting and Filing Your Complaint
Your complaint is the document that officially starts your case in court. Here, we will describe the facts of your case. It will detail how your personal injuries were caused, how the defendant named in your complaint caused them, and the compensation you are requesting the court grant.
We will also attach the evidence mentioned above as proof of the complaint’s contents. You do not need definitive proof of everything at this stage, just enough that the court believes you have a basis for your claims. Otherwise, the defendant’s attorney could file a motion to dismiss your case if there is nothing to back up your claims.
After drafting your complaint, we will file it with the appropriate Colleton County court. If the claimed amount is less than $7,500, this could be with the Magistrate Court. If you are claiming compensation higher than this, we will file your claim in Colleton County’s Court of Common Pleas.
Next, we will ensure that your complaint is served on the defendant. The defendant is usually served at their home address, which we would have identified before drafting your complaint. However, our attorneys have ways of finding defendants who are avoiding service. So, if the defendant in your case is being evasive, we can help by documenting their receipt of your filing.
Once the defendant answers your complaint, our team can start the important work of bringing your case to a close.
Obtaining More Evidence in Discovery
Our lawyers know that cases are often made or broken during discovery. We will prepare so we can make the most of this phase. Both sides exchange relevant information that will help decide the case. Unlike what movies and TV show people, legal cases are not typically about surprising the other party. The court wants parties to settle their cases amicably before reaching trial. Discovery helps by making it a requirement to turn over information that is relevant to the case.
First, we will request answers to important questions through “interrogatories.” The opposing attorney will help their client answer these questions before returning it to us for review. We will also include a request for any relevant documents along with your request for interrogatories.
Once our attorneys have reviewed these records and compared them to the evidence we already have, we can schedule “depositions.” In a deposition, we can confront the defendant and their attorneys face-to-face. We will prepare questions similar to those we would ask in court. The goal is to have the defendant admit to the questions asked so we have solid grounds to argue their liability.
Most importantly, all of these functions are done under oath, meaning that the defendant must answer truthfully. If the defendant lies or forgets later in court, we can introduce these records as evidence to contradict their statement. However, you must also answer their requests, but our team will prepare you so that you do not say anything that could be misconstrued.
Negotiating Your Insurance Settlement
After the discovery phase, we should have a clear picture of your case. At this point, we will also have an accurate assessment of your damages and what you consider a fair settlement. Settlement negotiations could be relatively straightforward depending on what we learned in discovery.
For instance, if the defendant’s negligence is obvious, like a driver caught on camera running a red light, the insurance company is far less likely to fight a claim. Contrary to popular belief, most insurance companies do not want to waste more money fighting a losing case in court. It is when you attempt this process without the help of our team that insurance companies feel confident to dispute your claim.
Trial
When negotiations fail, our attorneys will be ready to present the evidence and information to a jury. While it can be a stressful process, taking a lawsuit to trial is sometimes the only way to recover what you deserve.
Our Colleton Personal Injury Lawyers Are Here to Help Your Prepare Your Claim and Fight for the Compensation Your Injuries Deserve
For a free case review, contact our personal injury attorneys with the Burriss Ridgeway Injury Lawyers at (803) 451-4000.
