If you or someone you know was injured in an accident, you might be able to sue the person who caused the accident in a personal injury case. While initiating legal action can be intimidating, your lawyer will be by your side every step of the way. You deserve fair compensation for your injuries and damages, and we can help you get it.
Starting a personal injury case begins with a call to a lawyer. You and your attorney should begin assessing damages and collecting evidence so you can build a case and file a formal complaint against the defendant. A case takes time and effort to prepare, and you should get started as soon as possible. Your damages largely depend on the extent of your losses and injuries, and they vary from case to case. Even so, economic and non-economic injuries may represent a significant amount of financial compensation. As such, you should not risk it alone. Hire a lawyer to help you throughout your case and get justice.
Call (803) 219-4906 and ask our Greenville, SC personal injury attorneys at Rice Law for a free, private review of your claims.
How to Begin a Personal Injury Case in Taylors, SC
You have probably heard someone angrily say, “I’ll see you in court,” but many people do not actually know what it takes to get a legal claim into a courtroom. You might know that you have a valid cause of action, but what happens next? How does one begin a lawsuit? Your first step is to contact an attorney for help. Our personal injury attorneys can assess the facts of your case, evaluate your damages, find evidence to support your claims, and begin a personal injury case for you.
When starting a lawsuit for personal injuries, one of the first things we must do is find evidence. While we often think of evidence later in the case when we are in a courtroom before a jury, it is important from the very start. Without evidence, your claims may be seen as baseless, and a court might reject your complaint for not having a valid cause of legal action. Evidence gives your claims credibility. When we initially file the case, we do not need all possible evidence or even enough evidence to meet the burden of proof. We just need enough to show the court that your case warrants a trial.
Next, we must evaluate your damages. You must have real damages for a valid personal injury cause of action. If you were not injured, you likely do not have a legal claim. Additionally, damages must be accounted for when we file the case. If damages are left out of the complaint, we might not be able to add them later, and you could risk losing valuable compensation.
Using Evidence and Proof to Build Your Taylors, SC Personal Injury Case
Your case requires evidence to succeed. The more evidence we have, the likelier we are to meet the burden of proof and win the case. Exactly what kind of evidence you need will depend on your specific circumstances, but there are some common pieces of evidence that come up across many personal injury claims.
First, we should obtain any important physical evidence. This may include physical objects that are somehow involved in the accident. For example, if a defective product hurts you, we need the product itself as evidence. If you were hurt with some blunt instrument or a weapon, we need the instrument or weapon.
Other great sources of evidence are photos and videos. If you took pictures after being hurt, your photos might come in handy in the courtroom. People often take pictures after certain accidents, commonly car accidents, to send to insurance companies as proof of their claim. However, your photos might contain important details that can shed light on how the accident happened and who is responsible. The same goes for videos. Security camera footage, videos someone recorded on their own phone or camera, or even something like doorbell cameras or dashcams can provide powerful video evidence.
If other people saw the accident happen or have some personal knowledge that is relevant to how the accident happened, they may be called to testify as witnesses. Witness testimony can be very persuasive, especially when witnesses have clear memories of the events that transpired. If you are in an accident, try to get the names of anyone who might be passing by or stopping to help, as they might make for excellent witnesses.
Claiming Damages in Personal Injury Cases in Taylors, SC
Claiming damages is an important but often challenging step in the legal process. We must make sure that all damages are accounted for and accurately evaluated. If anything is undervalued or left out, you risk losing valuable compensation and might be unable to pay for all your damages.
Compensatory Damages
Compensatory damages include economic and non-economic injuries and losses. The goal is to return the plaintiff to the position they were in before the accident, at least financially.
Economic losses may include high medical bills and the various expenses surrounding medical treatment. Those needing extensive care will likely rack up very large hospital bills. On top of that, many people must travel for medical care if the right doctors or specialists are not nearby. The cost of gas, airfare, hotels, and food should all be included in your damages.
We should also consider the loss of any property. You might have lost something significant, like a vehicle in a car accident. Maybe your wedding ring slid off your finger in the accident and is lost forever. Maybe personal items like a cell phone or laptop were damaged. The cost of repairing or replacing these items should be accounted for.
Punitive Damages
In rare cases, courts may award punitive damages to punish the defendant for extremely bad behavior and hopefully deter future bad actions. According to S.C. Code Ann. § 15-32-520(D), punitive damages may only be awarded if we prove by clear and convincing evidence that the defendant caused your injuries and damages through actions that constitute reckless, willful, or wanton conduct. This is a very high bar to meet and typically requires a defendant to go far beyond mere ordinary negligence.
Punitive damages can be quite substantial, but they are not unlimited. According to § 15-32-530(A), punitive damages may be capped at three times the value of your compensatory damages (i.e., your economic and non-economic damages) or $500,000. The greater limitation is the one that applies.
Speak to Our Taylors, SC Personal Injury Attorneys About Your Potential Claim
Call (803) 219-4906 and ask our personal injury attorneys at Rice Law for a free, private review of your claims.