Injuries happen more often than we would like, and there is usually someone who should be held responsible. Many injured victims do not take legal action because the person who hurt them did not actually commit a crime. Criminal charges are not necessary for you to get justice. An attorney can help you file a civil personal injury claim to get fair financial compensation.
Personal injury cases may result from a myriad of accidents or incidents. Our office has handled cases involving boating accidents, vehicle crashes, and premises liability claims, to name a few. It is a good idea to contact an attorney as soon as possible after you have been hurt, as you have only 3 years to file your case, barring certain circumstances. If you think you might have a personal injury claim but are not sure, talk to an attorney about it. We can determine if you have a valid cause of action and what the best course of action is to help you recover damages.
Call Rice Law at (803) 219-4906 and speak to our personal injury attorneys for an initial, private, and free case review.
How a Personal Injury Claim Might Arise in Lake Wylie
Personal injury cases are some of the most commonly filed civil claims. They include a litany of claims, accidents, injuries, and damages, and you need to work with attorneys who have experience dealing with cases similar to yours. Below are a few cases our team has experience with and is prepared to help you with.
Boat Accidents
We often associate boats with recreational activities like fishing, beach vacations, and relaxing on the water. However, boats are powerful vehicles that must be handled carefully. Just like cars or trucks on the road, negligent operators can cause serious accidents. Lake Wylie is a popular boating destination in the area, and a negligent boater might have caused an accident, leading to your injuries.
One of the most frightening aspects of a boat accident is drowning. Perhaps a negligent boater crashed into your boat, or the person hired to drive your boat was the negligent one. Either way, you might end up submerged underwater, and the lack of oxygen could lead to brain injuries. Perhaps a loved one on the boat with you did not survive. Any number of severe injuries are possible in boat accidents.
Remember, Lake Wylie is on the border between North and South Carolina. The specific location of your boat accident might determine which state has jurisdiction over the case.
Vehicle Collisions
A more familiar type of vehicle accident is a car accident. People sometimes disregard these accidents simply because they are common, and we are used to hearing about them. Even so, they can be very dangerous, and people frequently get hurt or worse. Like boating accidents, car accidents often stem from operator negligence. Maybe a driver in another car was speeding and hit you in an intersection because they could not slow down fast enough. Perhaps the other driver was distracted by the phone or intoxicated or otherwise driving recklessly. Anything is possible, and you should contact an attorney as soon as possible after a collision.
Premises Liability Claims
A premises liability claim is a type of personal injury claim where injuries and accidents stem from unsafe conditions on someone else’s property. Generally, property owners have a legal duty to make sure their premises are safe for others if other people are invited onto the property or should be reasonably expected to be there. This includes removing known dangerous conditions and making reasonable inspections for potentially unknown dangerous conditions.
If you were injured on someone else’s land while using it for a recreational activity (e.g., outdoor activities, hiking, camping, hunting), the landowner owes you no duty of care, according to the S.C. Code Ann. § 27-3-30. Even so, under § 27-3-60, landowners are still liable for injuries on their premises caused by their willful, grossly negligent, or malicious failure to warn others of dangerous conditions.
Talk to your attorney about how and where your accident happened so they can determine the best way to get you compensation.
How Much Time a Plaintiff Has to File a Personal Injury Case in Lake Wylie
Your time to file your case might already be slipping away. Plaintiffs must file their cases within a period of time known as the limitation period. This period is defined under the statute of limitations, and different kinds of cases may have different statutes of limitations. According to S.C. Code Ann. § 15-3-530(5), personal injury claims in South Carolina must be filed no later than 3 years after the initial accident.
If your time is running short, ask your attorney whether you may have the limitation period tolled. Tolling effectively pauses the limitation period, pushing back the final date that you may file your case and buying you more time to prepare. Under § 15-3-40, the plaintiff may have the limitation period tolled if they were a minor or under a mental condition or disability during the accident.
Since minors typically cannot take legal action on their own, the limitation period is usually tolled until they turn 18. This means that in a personal injury case, a minor plaintiff has 3 years from their 18th birthday to file their case.
A qualifying mental condition is one that prevents the plaintiff from understanding the case, their injuries, their rights, or otherwise taking legal action on their own. If such a condition existed at the time of the accident, the plaintiff may have the limitation period tolled until the condition is removed. However, tolling for mental conditions may not be for more than 5 years or more than 1 year after the condition ceases or is removed.
Get in Touch with our Lake Wylie Personal Injury Attorneys Now
Call Rice Law at (803) 219-4906 and speak to our personal injury attorneys for an initial, private, and free case review.