Some of the most commonly filed legal claims include some sort of personal injury. While these cases are common, they can also be quite serious and involve significant claims for damages. Before beginning any lawsuit, it is best to speak to an attorney. They can help you get your case into court and hopefully maximize your financial compensation.
If you have experienced bodily injury because of another person’s negligence, you should talk to an attorney as soon as possible. Plaintiffs only have so much time to file a case, and personal injury lawsuits typically must be filed within 3 years. Before we get started, we need evidence. A case filed without any evidence to back it up will almost certainly be rejected. Evidence may involve witnesses, photos from the accident, physical evidence, and more. The time it takes to complete your case will depend on various factors. Some are completed relatively quickly, while others drag on. An attorney can help you begin your case and work to get you compensation sooner rather than later.
Call Rice Law at (803) 219-4906 and get a confidential case evaluation for free from our Savannah, SC personal injury lawyers.
When an Injured Person Should File a Personal Injury Case in Bluffton
The days and weeks after a bad accident can be incredibly difficult. You might be dealing with painful injuries, big medical bills, legal drama, and more. While some injured victims would rather wait until the dust settles before they initiate legal action, you might not have time to spare.
The statute of limitations under S.C. Code Ann. § 15-3-530(5) imposes a strict 3-year limitation period on injured plaintiffs. If they do not file their cases within 3 years of the accident, they might lose their right to bring the cause of action. Having 3 years to file a claim might seem like more than enough time, but do not be fooled. Many plaintiffs spend months working with their attorneys before their cases are even close to ready for filing. The sooner you get started, the better.
If time is running out, ask our personal injury lawyers in Bluffton whether tolling is available for your case. Tolling effectively paused the clock on the limitation period, but only for very specific reasons. For example, tolling might be possible for minors and plaintiffs with legal disabilities, according to § 15-3-40. If you were a minor when you were injured, the limitation period may be paused until you are 18. If you have a legal disability, such as a mental condition that prevents you from understanding your rights, the statute of limitations may be tolled until the disability is removed.
Evidence We Might Need to Support Your Bluffton Personal Injury Claims
You cannot get compensation for your damages without evidence establishing the defendant’s liability. We need enough evidence to meet our burden of proof, which is a preponderance of the evidence in civil cases. This means we have to be able to prove that it is more likely than not that the defendant is responsible for your injuries.
Witnesses are a major component of many personal injury cases. Even if we have little other hard evidence from the accident, witness testimony may still be powerfully persuasive. Witnesses who saw the accident unfold might be able to testify about exactly how the defendant caused it. The more witnesses who can support you, the stronger your case may be.
Photos are another common part of evidence in personal injury claims. For example, after car accidents, drivers often take photos of the damaged cars, their injuries, and the overall scene. These pictures are often intended for insurance claims but can also make excellent evidence in court.
Physical evidence might play a big role in your case, depending on how you were hurt. For example, if you were injured by a faulty tool or machinery. We need the defective tool as evidence. Talk to your attorney about how you were injured. They can help you collect important physical objects to support your case.
Records might also be necessary to prove your case. Medical records can be used to prove the severity of your injuries. Business records might show a court how a business failed to inspect or maintain equipment that caused an accident. The results of inspections or investigations by law enforcement might also help turn up evidence.
How Long Do Personal Injury Cases Usually Take in Bluffton?
The time it takes to complete your personal injury case might be difficult to say. Some cases are completed rather quickly. Others take years to finish. If you have a particularly strong case, your attorney might be able to speed up the legal process, as it might be more difficult for the defendant to refute your claims.
First, we should think about your evidence. A stronger arsenal of evidence makes for a faster case. The defendant may be unable to undermine your claims, and a quick finish might be preferable to a slow, humiliating loss in court.
We should also consider the defendant and how willing they are to cooperate. Sometimes, defendants know they cannot win and focus instead on ending the case quickly without having to pay too much compensation. In such cases, plaintiffs have an easier time negotiating a good settlement. On the other hand, if the defendant is unwilling to negotiate or take accountability for their actions, they might challenge everything you submit to the court, and the case might drag on for a long time.
How a Bluffton Lawyer Can Help You with Your Personal Injury Case
Your attorney is your lifeline throughout the legal process. They can help you begin the case by drafting and filing the formal complaint, which is the legal document that contains all the information necessary to begin the case. It must explain how you were injured, why you believe the defendant is responsible, your damages, and the evidence supporting your claims. Assembling a complaint is not easy, and your lawyer can help.
Your attorney should also be able to help you assess the value of your damages. Knowing the value of your claims is crucial. If damages are undervalued or overlooked, you may not receive the full extent of the financial compensation you deserve. Additionally, we must explain your damages in the complaint, which means we must fully evaluate them before filing the case.
Speak to Our Personal Injury Attorneys in Bluffton Now
Call Rice Law at (803) 219-4906 and get a confidential case evaluation for free from our personal injury lawyers in Bluffton.