Let our lawyers review your injuries, damages, and the accident that caused them to see whether or not you have a case. We aim to do this as quickly as possible to hasten victims’ recoveries and ensure they file within the three-year statute of limitations.
Missing that deadline would bar you from recovery, which you can avoid by contacting our lawyers right away. Lawsuits that do not settle go to trial, where jurors evaluate the evidence and decide the defendant’s liability. The jury award at the end of your lawsuit should cover economic damages and non-economic damages, and it may even include punitive damages depending on the defendant’s conduct.
Call the personal injury lawyers at Rice Law for a free case review at (803) 219-4906.
What Injuries Can You Sue for in Gaffney, SC?
You may sue for accidental injuries, like those sustained in a car crash, and intentional injuries, like those due to abuse or assault. Contact us to review your case and determine if you have a valid cause of action, and then we will begin preparing it.
Accidental Injuries
Accidental injuries occur during car crashes, slip and falls, and because of defective products. Accidents often happen because of negligence or recklessness, such as speeding, failing to address property hazards, or omitting safety instructions on product packaging.
You may need help identifying who is liable for accidental injuries, so do not wait to contact our lawyers.
Intentional Injuries
Abuse in nursing homes and other settings might injure victims, entitling them to compensation via a personal injury lawsuit. Even if one person intentionally injured you, another party may share liability in specific scenarios, like their employer.
When Should You File a Personal Injury Lawsuit?
There is limited time for personal injury plaintiffs to file their lawsuits, so have us determine whether or not you should sue as soon as possible.
If You Incur Damages
If you have incurred substantial damages because of someone else’s negligent, reckless, or intentional conduct, you should file a lawsuit. Injuries mean costly medical expenses, which you should not have to pay yourself. You may need to take time off work as you recover, resulting in lost wages. These are also recoverable damages in personal injury claims that we can calculate and prove for plaintiffs.
Your “non-economic” damages may be just as great as your economic damages. Injuries are physically painful and emotionally distressing, not just expensive. Your quality of life reducing, being diagnosed with depression or post-traumatic stress disorder, and suffering other intangible harms entitles you to non-economic damages.
Within the Statute of Limitations
The statute of limitations for most personal injury claims in Gaffney is three years. Fail to file within this window, and you may not get any compensation.
South Carolina provides several exceptions to the typical three-year filing deadline. A victim not discovering their injuries immediately, being mentally incapacitated, or being under 18 at the time of injury pauses the statute of limitations. The defendant leaving the state also pauses the statute of limitations in Gaffney.
What Happens During Trials for Personal Injury Lawsuits in Gaffney?
Some personal injury lawsuits resolve out of court, while others go all the way to trial. In court, both sides present their evidence and arguments, and the jury then decides whether the defendant is liable.
Plaintiffs get to present their cases first. By the time a trial happens, our personal injury lawyers will have already gone through the discovery phase of the lawsuit. During that period, we get to see the defense’s evidence, and they get to see ours. Suppose discovery reveals we have a much stronger case than the defense. In that scenario, they may offer a big settlement, letting you avoid a trial altogether.
You might testify during a trial. When plaintiffs testify, they can explicitly describe their damages, namely pain and suffering. We understand that testifying can be intimidating, and we will properly prepare you for that experience if it will help your case.
Many injury trials end within a few days, sometimes taking a week or longer. To win at trial, we must prove it is more than likely the defendant caused your injuries, after which the jury will award damages based on your losses.
We may get settlement offers during trials. Trials may end prematurely when plaintiffs accept settlement offers, which might be much greater than initial proposals.
Does South Carolina Limit Damages in Personal Injury Lawsuits?
Plaintiffs should know their damages before filing personal injury lawsuits and whether or not their recoveries are capped. Starting to track damages right away is also important so none get left out of requests for relief in injury lawsuits.
Economic Damages
Economic damages are not limited to South Carolina, letting plaintiffs recover all out-of-pocket expenses incurred because of negligence. That includes any medical bills, lost wages, and even property damage costs. Report all concrete expenses you notice to our lawyers, and we can seek compensation for them.
Non-Economic Damages
South Carolina typically does not limit non-economic damages in personal injury lawsuits but does in medical malpractice cases, with some exceptions. Whether or not there is a cap on damages in your lawsuit, we can aim to recover the maximum compensation for pain and suffering.
Punitive Damages
Punitive damages go to victims of gross negligence after jurors agree to award them based on the defendant’s conduct. Punitive damages are capped, limited to the greater of $500,000 or three times the amount of total economic and non-economic damages awarded, according to S.C. Code Ann. § 15-32-530(a). There are exceptions to this rule that might end in larger punitive damages awards, and we can see if any apply to your case.
Call Our Injury Lawyers in Gaffney, SC Today
Call Rice Law’s personal injury lawyers at (803) 219-4906 for a free and confidential case discussion.