Being hurt in an accident can be incredibly traumatic. In addition to physical pain from your injuries, it may also be difficult to process the emotions in the aftermath. For many people, being in an accident can also cause financial strain.
According to the Centers for Disease Control and Prevention (CDC), a person who suffers a nonfatal accidental injury will lose an average of 11 days of work and have $6,880 in medical bills. If you have been hurt in an accident, you may be entitled to compensation for these direct financial losses as well as intangible losses, like any pain and suffering you may experience.
The Derrick Law Office represents injury victims in Fountain Inn, South Carolina, and the surrounding areas. With significant experience in personal injury law, we work hard to help our clients get the highest possible recovery for their injuries. We handle all cases on a contingency fee basis, which means that we never charge you a fee unless we recover money for you.
Our Practice Areas
Our law firm represents clients who have suffered injuries in all types of accidents, whether they occur at work (workers’ compensation) or elsewhere (personal injury). We handle cases involving:
- Car accidents
- Motorcycle accidents
- Dog bites
- Slip and fall (premises liability)
- Sexual abuse and assault
- Nursing home abuse
Each of our cases starts with a free initial consultation, where we will listen to your story and explain your rights and options for moving forward with a claim. If you choose to hire our law firm, we will immediately begin to investigate your claim, gathering facts and evidence and analyzing the law as it relates to your case.
The next step is typically to send a demand letter to the at-fault party’s insurance company. A demand letter sets out the facts of the case, the legal reason why their insured is responsible for the accident and requests money for the damages (losses) that you have suffered. Insurance companies often respond to demand letters with a counteroffer, which begins the negotiation process.
While the vast majority (97%) of personal injury cases are settled without going to trial, there may be situations where your Fountain Inn car accident lawyer will recommend that you file a lawsuit against the other party. This is often necessary when the insurer refuses to offer a fair settlement for your losses. If the case goes to trial, our legal team will introduce evidence, question witnesses, and make strong arguments to a jury about your right to compensation.
When Can I File a Fountain Inn Personal Injury Claim?
In Fountain Inn, personal injury lawsuits are based on a theory of negligence, which is the failure to use the care that a reasonable person would in a similar situation. To prove that a person (or entity) was negligent, you will need to show 4 things:
- Duty: the other party (defendant) had a duty to you (plaintiff).
- Breach: the defendant breached or violated that duty.
- Causation: that violation was the proximate or but-for cause of your injuries.
- Damages: you suffered damages (losses) as a result.
If you can demonstrate that the defendant was negligent, then you will be able to recover compensation for your damages, which may include economic, non-economic, and/or punitive damages.
Economic damages are meant to compensate an accident victim for their direct financial losses. They may include things like lost wages, reduced earning capacity, medical expenses, and property damage.
In contrast, non-economic damages address intangible losses, like pain and suffering, emotional distress, loss of enjoyment of life, and scarring or disfigurement. These damages can be harder to prove, because (unlike economic damages), you will not typically have a bill or invoice that sets out the dollar value of your pain and suffering (for example). Your Fountain Inn car accident lawyer will use their experience with similar cases and information from experts to put together a claim for non-economic damages.
Punitive damages are typically not available in personal injury cases, as they are meant to punish a wrongdoer who engaged in intentional or reckless conduct. If your case involves negligence, punitive damages will not be an option for your case. In addition, South Carolina law caps the amount of punitive damages for many personal injury cases at three times compensatory damages (economic + non-economic damages), or $500,000, whichever is greater.
However, if the at-fault party acted recklessly or intentionally, you may be entitled to punitive damages – without any cap on the amount that you can recover. This often is the case in drunk driving accidents. If a driver is drunk and/or high and causes an accident, then you can seek the full amount of compensatory damages, plus punitive damages. For this reason, drunk driving cases often have a much higher potential value than other types of motor vehicle accident claims.
Importantly, with few exceptions, a personal injury lawsuit must be brought within 3 years of the date of the accident. This time limit is known as the statute of limitations. If you fail to bring your case within 3 years, it will likely be barred by the courts.
Hurt in an Accident? Our Fountain Inn Car Accident Lawyers Can Help.
After being injured in an accident, you may be struggling with physical pain, emotional distress, and mounting expenses. The thought of pursuing a legal claim may be overwhelming. Derrick Law Office is here for you.
Based in Simpsonville, we represent clients throughout the area, including Fountain Inn. We aggressively advocate for each of our clients, working hard to get them the compensation that they deserve for their injuries. To learn more or to schedule a free consultation with a Fountain Inn personal injury lawyer, call us today at (864) 428-1923 or fill out our online contact form.