Greenville Personal Injury Lawyer

When you have been injured in an accident, you are probably dealing with pain, medical expenses, and time away from work. Additionally, you may be wondering whether you should consider filing a lawsuit in civil court. When your accident was caused by someone else, you might be entitled to compensation for your injuries and losses. Learn how personal injury cases work and what a personal injury lawyer can do to help you protect your rights as a victim.

What Counts as a Personal Injury?

A personal injury occurs when someone is harmed because of another person’s negligent or reckless actions. Personal injuries can result in physical harm, emotional suffering, and financial losses. Examples of common personal injury cases include slip and fall accidents, medical malpractice, vehicle collisions, workplace injuries, product liability, wrongful death, and more. These types of injuries may result in a variety of damages, such as lost wages, diminished earning capacity, pain and suffering, emotional distress, medical expenses, and other costs related to the injury.

Individuals injured due to another party’s actions may be entitled to compensation. This can happen by filing a claim with the at-fault party’s insurance company or, when applicable, through a civil lawsuit. A Greenville personal injury lawyer can help determine if you have a case and whether to try to settle your claim out of court or by filing a lawsuit. In addition, your attorney can help with the negotiation process with the insurance company and ensure that you will be compensated for any economic and non-economic damages caused by the incident.

What Do You Need to Prove in a Personal Injury Case?

Personal injury cases are usually based on negligence. To collect damages for your claim, you must prove the other party’s negligence was the cause of your accident and injury. You must establish four elements of negligence to prove that the other party was at fault: duty of care, breach of duty of care, causation, and damages.

Duty of care is a legal term that describes one party’s legal obligation to act with reasonable care so as not to harm others. For example, a business owner has the duty of care to provide a safe environment for all customers. Another example is the driver of a motor vehicle has the duty of care to follow all traffic laws and operate the vehicle safely not to endanger other roadway users’ safety.

Breach of duty of care means that the at-fault party did not act as they should have in order to prevent causing harm to others. Following our example above, if a driver decides to ignore traffic laws and engage in aggressive or distracted driving, their behavior could be considered a breach of duty of care. Causation is an essential element for a personal injury claim. The victim (or plaintiff) must show enough evidence to prove that the defendant’s actions were the direct cause of the injury.

As a last step, the plaintiff must prove that the defendant’s breach of duty of care resulted in damages. This could include physical pain, medical bills, lost wages, emotional distress, and any other type of loss due to the accident, injury, and recovery process. A personal injury lawyer can help you with the process of gathering evidence to build a strong case. It is important to consult with a Greenville personal injury attorney early to increase your chances of recovering maximum compensation for your injuries.

Is There a Cap for Personal Injury Settlements?

With the exception of medical malpractice cases, the state does not have a cap for personal injury settlements. This means the damages that can be recovered from a personal injury claim are not limited to any specific amount. Instead, each case is judged on its own merits, and the amount of damages awarded will depend on the severity of your injuries and whether you sustained significant financial losses and emotional distress.

In medical malpractice cases, the law limits the amount of non-economic damages a plaintiff may receive, meaning there is a maximum amount a victim may be awarded for pain, suffering, and emotional distress. The cap only applies to non-economic damages, so there is no ceiling for the amount of economic (financial) damages a medical malpractice victim may seek to recover. By working with an experienced personal injury lawyer in Greenville, you may have better chances of ensuring that you are fairly compensated for your injuries.

Is There a Statute of Limitations for Personal Injury Claims?

A statute of limitations is a legal deadline for a personal injury victim to file a claim or bring a lawsuit against another party. The statute of limitations for filing a personal injury claim is three years from the date of the accident.

While three years may sound like a long time, it is important not to wait too long to file a personal injury claim and take action as soon as possible. If a personal injury claim is not filed within the three-year timeframe, the claim may be dismissed because the statute of limitations for that claim has expired. In addition, the longer you wait, the more difficult it may be to gather the necessary evidence to prove the other party’s liability for your damages. It is best not to risk losing out on your chance to receive the monetary compensation you deserve to recover from your accident and reach out to a personal injury lawyer as soon as possible.

What Should I Do When I Am Contacted By an Insurance Adjuster?

Insurance adjusters are employed by the insurance company and are responsible for assessing and negotiating claims. If you are contacted by an insurance adjuster, it is important to be aware of your rights and to understand what you should and should not do.

First, even though the insurance adjuster may seem friendly and compassionate on the phone, it is important to remember that their job is to get you to say anything that could be used as an admission of guilt. This is one of many strategies they may use to reduce the amount you would be paid or deny your claim altogether. It is best not to the insurance adjuster without first speaking to a personal injury lawyer who understands the laws in your state and can advise you on how to protect your rights and interests.

Second, be sure to keep detailed records of all medical bills and expenses related to your injury. This includes bills for hospital visits, medications, physical therapy, lost wages due to reduced earning capacity, and any other expenses that resulted from the injury. This is important because it is common for insurance companies to quickly come up with an initial offer that is too low and does not adequately cover all the damages you sustained as a result of the accident. By being aware of the total amount of your financial losses, you will be in a better position to negotiate a fair offer for your claim. It is best not to agree to any settlement without consulting your personal injury lawyer.

Likewise, you are not required to give recorded statements to the insurance company and may refer all communications to your attorney. A Greenville personal injury lawyer will be able to help you navigate the complexities of filing a claim and deal with the insurance company to ensure that your interests are protected at all times.

Call Our Greenville Personal Injury Attorneys Today

Being hurt and unable to work and enjoy your normal daily routines without pain and limitations is by itself a significant ordeal. Add to that the fact that you may be dealing with endless amounts of paperwork, red tape, and constant phone calls, and you may find yourself in an overwhelming situation.

While you are not required to have an attorney to handle your personal injury case, it may be in your best interest to do so. Your attorney can take over every aspect of your case, from paperwork and insurance phone calls to representing you in court if necessary. Attorneys are skilled in negotiating for their clients and are well aware of all the usual tactics insurance companies routinely employ to maximize their profits and cut down on the amount paid for each claim. At the Eller Frye Law Firm, clients can receive the knowledgeable legal help and representation they need to hold the at-fault party responsible for their accident and maximize their chances of receiving top compensation for their damages. If you believe you may have a personal injury case and need a strong legal ally to help, reach out to the personal injury lawyers at the Eller Frye Law Firm.