3 FAQs About Filing a Personal Injury Claim

December 8, 2022
EMTs with patient in ambulance

If you were seriously hurt through the fault of another, you may be able to secure compensation. While no amount of money will restore your health and wellness, a payout could make it possible to achieve some sense of normalcy in the aftermath.

Of course, before you can seek these funds, you must put together a compelling personal injury claim. Let’s take a look at what doing so entails:

1. How Do You Prove Liability for Your Injuries?

Most personal injury claims are filed on the grounds of negligence. Depending on the circumstances, however, some can be filed on the grounds of intentional misconduct or strict liability.

While the strongest evidence of liability will come down to the facts of the case, there are a few pieces of proof that almost always contribute to personal injury claims. These include official reports, eyewitness testimony, photographs of the scene, and video footage.

Fortunately, if you turn to a resourceful lawyer, you won’t have to worry about gathering any of the above. Your attorney can conduct a thorough investigation into the incident, and along the way, they’ll attempt to compile compelling evidence of liability.

2. What Kinds of Damages Can You Include in a Personal Injury Claim?

South Carolina tort law recognizes virtually all the damages that injured parties incur. Examples include medical expenses, lost income, travel expenses, and the cost of reasonably necessary replacement services.

The Palmetto State also allows for the recovery of non-economic damages like diminished quality of life, mental anguish, depression, and anxiety. Because such losses are not accompanied by any documentation like receipts or invoices, though, claimants must find some other way to prove they incurred them.

Generally speaking, journal entries, statements from loved ones, and psych evaluations are widely accepted forms of proof for non-economic damages.

3. How Long Do You Have to File a Personal Injury Lawsuit?

Most personal injury claims are settled. In the event that you and the opposing party cannot arrive at an agreement, however, you may have to take them to court. Naturally, you’ll have to do so before the statute of limitations has passed.

South Carolina typically gives personal injury claimants three years from the date on which they were hurt to file a formal lawsuit. For actions against government entities, however, this deadline is reduced to two years.

There are a few other exceptions that can apply, so it’s wise to consult an attorney as soon as possible.

Call 864-585-3873 to Discuss Your Case with a South Carolina Personal Injury Attorney

If building a strong personal injury claim sounds like a lot of work, that’s because it is. Thankfully, you don’t have to do it alone.

For strategic counsel and personalized attention at every stage of the proceedings, turn to Hodge & Langley Law Firm. Backed by more than a half century of combined experience in the legal field, our team has what it takes to hold negligent parties accountable. To schedule a free consultation with a personal injury lawyer in South Carolina, call 864-585-3873 or submit our Contact Form.



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