Personal injury cases are common when it comes to civil lawsuits, but each is unique. Your damages and evidence may be specific to your case, and you need an attorney who can provide an individualized approach. Our team is ready to help you get fair financial compensation.

Following an accident, you should call for emergency help and the police. While waiting for help to come to you, try documenting the scene as best as you can. Take photos, record videos, and talk to other people at the scene. All this information may help us gather evidence to prove your claims and seek compensation for your damages, including medical bills, property damage, pain and suffering, and possibly more.

Call the Graves Injury Law Firm at (305) 614-2767 and ask our personal injury lawyers for a free initial case review to get started.

What Should You Do Following an Accident in Charleston, SC?

After an accident, you must remain calm, get help, and take in as much information as you can.

Report the Accident

Accidents can be serious, even if they might not seem like it at first. You might feel okay, but your adrenaline is pumping, and you might have unseen or internal injuries that need immediate medical attention. You should call 911, report the accident, and get emergency medical personnel to help you.

Record the Accident Scene

As you wait for help, it is a wise idea to document the scene as best as possible. This might involve taking pictures or recording videos with your cell phone, and you should exchange information with others at the scene.

Even jotting down a few notes about what you see can help us later. We need as much evidence and information as possible for when we file a formal complaint to start the lawsuit.

Exchange Information

We need information about the person who caused the accident so we can take legal action against them. Our personal injury attorneys also need the names of people at the scene so we might interview them to see if they can testify as witnesses.

What Kind of Damages Should You Claim in a Personal Injury Lawsuit?

Damages are unique in each case and will vary based on how you are hurt and what losses you incur. It is crucial that we thoroughly account for all your damages to maximize your compensation.

Physical Pain

The pain from your injuries can be intense, and many people deal with long-term pain or even chronic pain long after the accident is over. Although physical pain does not exactly have a price attached, we should claim extensive damages based on how the pain interferes with your daily life.

Mental Distress

Accidents can cause serious mental and emotional distress in addition to physical pain. The accident may have been highly traumatizing, and the recovery might be just as tough. Many injured victims report serious mental health problems after bad accidents, like PTSD symptoms or severe depression.

Medical Treatment

After any accident, you should get medical attention. Unfortunately, medical care is usually expensive. Even if your injuries are minor and expected to fully recover, you may still have to pay big hospital bills. These costs should be claimed as part of your damages.

Property Damage

If you lost any property during the accident, it should be accounted for among your damages. For example, damaged vehicles, lost personal items, damaged cell phones or electronics, and any other property should be evaluated, big or small.

Lost Earnings

Injuries often make it difficult or impossible to work. If you cannot return to your job for a while after the accident, you may lose income. The longer you cannot work, the more income you might lose, and the greater your damages should be.

How Do You Prove Your Claims in a Personal Injury Lawsuit?

Most personal injury cases are based on the defendant’s negligence. Negligence may be proven by establishing the following legal elements.

Duty

The defendant must owe the plaintiff a duty of care. For example, in a car accident case, the defendant owes the plaintiff and all other drivers on the road a legal duty to drive with reasonable safety under the circumstances and follow the traffic code.

The defendant’s duty in your case may vary based on the circumstances.

Breach

Next, we must provide evidence that the defendant breached their legal duty. The breach also varies from case to case, and it may involve doing something or failing to do something. Fr example, running a red light may be a breach of a driver’s duty of care.

Causation

The mere existence of a breach of duty does not definitively prove negligence. We must next prove that the defendant’s breach of duty is the direct cause of the accident. We must show that no other intervening force somehow caused the accident.

Damages

After proving everything else, we must present evidence of your damages. This may include records of monetary expenses and testimony regarding non-economic damages. If there is no evidence of certain damages, they will likely not be awarded.

FAQs About Filing Claims for Personal Injuries in Charleston, SC

How Soon After an Accident in Charleston, SC Should You File a Personal Injury Lawsuit?

In South Carolina, victims of personal injuries have only 3 years from the day they are first hurt to file a lawsuit. If you miss this window, you may be permanently barred from filing your case, and you might never receive fair compensation.

How Do You Evaluate Damages in a Personal Injury Case?

Your economic damages may be evaluated based on how much they cost. Records of expenses, including bills, invoices, and credit card statements, should all be preserved. Non-economic damages revolve around more subjective personal experiences and may be more open to interpretation. Even so, the more pain, mental or physical, you endured, the higher these damages should be.

Do You Have to Sue to Recover Damages After a Personal Injury?

Not necessarily. You might have other legal options you should discuss with your lawyer. Depending on how your accident happened, you might be able to file one or even several insurance claims, and your lawyer should help you coordinate benefits. It might also be possible to accept a settlement instead of taking things to court.

Who Should You Sue for Personal Injuries in Charleston, SC?

You should sue the person or people you believe are directly responsible for the accident that caused your injuries. While many people sue one other person, others might sue multiple people. Some plaintiffs sue businesses or organizations for their damages. Your attorney should help you determine who is responsible for your accident.

Speak to Our Personal Injury Lawyers in Charleston, SC About Your Claims Today

Call the Graves Injury Law Firm at (305) 614-2767 and ask our personal injury lawyers for a free initial case review to get started.