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Easley Personal Injury Lawyer

Accidents happen on a daily basis. You may be leaving the grocery store only to slip and hurt yourself. Your loved one may sustain injuries while at their workplace or while crossing the road. What if someone else is to blame for such accidents? An experienced Easley personal injury lawyer can help you get the justice you deserve.

At Hernandez & Cabra, our legal team is ready to walk you through the personal injury claims process in South Carolina. We will look at all the facts of your case and advise you accordingly. Our attorneys are prepared to do whatever it takes to ensure you get the best outcome for your case in Easley.

Contact us today to book your free case review. Let us help you secure the compensation you deserve for your injuries and damages. Our lawyers are prepared to answer all the questions you may have. Get started today before it’s too late.

Table of Contents

What Should I Do After an Injury?

As a victim of a personal injury incident in Easley, it’s easy to get confused and traumatized. You may have no idea about what you should do after an accident. Hernandez & Cabra will guide you throughout the claims process to ensure you don’t jeopardize your claim.

Here are the steps that our attorneys recommend after an accident in Easley:

Get Medical Treatment if Needed

After sustaining an injury, you should seek medical treatment. Make sure you visit a doctor for a medical check-up. The physician will carry out diagnostic tests to make sure you are okay. Disregarding medical care isn’t advisable. You may end up worsening your condition.

Take Photos/Video if You Can

Photographic evidence can help you to build a strong personal injury claim. A skilled personal injury lawyer from Easley can use videos and photographs from the scene of your accident to prove the defendant’s negligence. Remember to take as many pictures and videos as possible. You can photograph hazards like faulty railings, wet surfaces, defective products, or even vehicle damage.

If you have any visible injuries, make sure you also photograph them. Such photos can prove the severity of your injuries.

Get the Names and Numbers of Any Witnesses

Eyewitnesses can help to prove fault after an accident. Note down the names, phone numbers, and addresses of anyone who may have seen your accident. Their testimonies can be crucial when your personal injury case goes to court. They can convince the judge and jury about the defendant’s reckless actions.

Report the Incident

If you have been involved in a car accident, call 911 to report the accident. You can also contact the Easley police department to report your auto collision. The police will come up with an incident report that can help you secure compensation from the insurance carrier.

For workplace accidents, you have 90 days to report your accident to your employer. If you don’t report your accident within this period, you may lose your compensation benefits.

Never Admit Fault

You must avoid making implicative statements after an accident. Don’t say anything that may jeopardize your personal injury claim. Remember, whatever you may say may be used against you. Not only may you lose your benefits, but you may also end up facing a lawsuit or criminal charges, depending on what you say at the scene of your accident.

Call a Personal Injury Lawyer!

Hernandez & Cabra is ready to help you with your personal injury claim in Easley, South Carolina. Call our legal team today if you believe someone else is to blame for your injuries. Our attorneys will assist you throughout the claims process to make sure you get justice for your claim.

Why Do I Need a Lawyer?

Hiring a personal injury attorney from Easley is advisable if you’ve sustained injuries after an accident. Hernandez & Cabra can help you with all the legal aspects of your personal injury claim. Here are some of the benefits of hiring the lawyers at Hernandez & Cabra.

Case Preparation / Filing a Lawsuit

Establishing liability is crucial in any personal injury claim. Our legal team is prepared to conduct a comprehensive investigation to determine who is to blame for your injuries. We will use all resources at our disposal to build a strong claim. Our attorneys are prepared to speak to qualified professionals like doctors and the police to gain a better understanding of your case.

To determine liability, Hernandez & Cabra will also look at evidence such as police reports, employment records, medical records, and surveillance footage. Once we find out who is responsible for your injuries, our legal team will file a claim to ensure you get the compensation you deserve.

Settlement Negotiation

During settlement talks with an insurance carrier, you require the help of a skilled and aggressive attorney who can push for the best settlement. At Hernandez & Cabra, our lawyers won’t accept any offer that doesn’t represent the true value of your claim. We can also handle these negotiations on your behalf as you rest and recover.

Trial Preparation & Representation

Most personal injury claims are settled out of court. Insurance providers don’t like lawsuits. Still, our legal team won’t accept any lowball offer for your claim. We are prepared to go to court to defend your rights and interests in front of a judge and jury.

Our trial lawyers won’t rest until justice is served.

Easley personal injury lawyer preparing case

What Type of Damages Can I Recover?

If you have sustained an injury in Easley due to someone else’s fault, you may be entitled to receive compensation. South Carolina courts may award damages to victims of personal injury cases, including:

Economic Damages

These are calculable damages that have precise values. They are contained in invoices, receipts, and bills. Economic damages help to restore the financial losses a victim suffers after an injury. They include:

  • Medical expenses
  • Lost income and benefits
  • Property damage
  • Lost earning capacity
  • Miscellaneous expenses

Non-Economic Damages

These damages are harder to quantify since they are subjective. They vary depending on the facts of the case. Non-economic damages include:

  • Loss of consortium
  • Mental anguish
  • Pain and suffering
  • Loss of reputation
  • Loss of sexual function

Punitive Damages

A punitive award isn’t a compensatory award. It is meant to punish defendants for their extremely reckless actions. These damages also help to deter similar careless actions from happening in the future.

In South Carolina, you may receive punitive damages in cases such as drunk driving. However, they are capped at $500,000 or thrice the amount of a plaintiff’s compensatory award — whichever is greater.

How is Liability Determined?

Most accidents happen due to a party’s negligence. However, proving that an accident happened due to someone else’s carelessness can be complicated. The state of South Carolina uses modified comparative negligence rules when determining fault. Here, a plaintiff must prove that their fault for an accident is less than 51% in order for them to receive any compensation for damages.

When determining liability, an Easley personal injury attorney should prove these four elements:

Duty of Care

This is the foundation of negligence in a personal injury claim. Duty of care comes into play when it’s “reasonably foreseeable” that an individual’s actions or inactions could lead to a plaintiff’s harm. This duty comes into existence when the relationship between the plaintiff and defendant is recognized by law.

Duty of care establishes a relationship since the defendant has a legal obligation towards the plaintiff. Here are some instances that establish a duty of care:

  • A driver owes other road users, including pedestrians and cyclists, a duty of care.
  • Physicians owe their patients a duty of care.
  • A manufacturer owes its customers a duty of care.
  • A landlord owes their tenants who live on their property a duty of care.

Breach of Duty of Care

In a personal injury claim, an experienced lawyer near Easley should prove that the defendant breached their duty of care. For instance, a plaintiff must prove that a doctor’s conduct was below reasonable standards. Doctors who don’t accurately interpret lab results, resulting in delayed diagnoses, don’t exercise reasonable care.

Similarly, a driver who drives a vehicle while drunk and ends up killing pedestrians breaches their duty of care. In South Carolina, it is illegal to drive a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher.

Causation

The third element that a plaintiff should prove for a successful personal injury claim is the “cause in fact.” Here, you must show that the defendant’s negligent actions were the actual cause of your injuries. An attorney can help you prove that had it not been for the accused party’s carelessness, the outcome of the incident would have been much better. For instance, a pedestrian wouldn’t have suffered a spinal cord injury if a driver didn’t run a red light.

Damages

Finally, a plaintiff should prove that the defendant’s failure to exercise reasonable care resulted in actual damages. This may include property damage, lost income, or disability.

Bandaging on burned hand, Easley personal injury lawyer concept

How Much Time Do I Have to File a Personal Injury Claim in South Carolina?

In South Carolina, the deadline to file a personal injury claim is three years from the date of the accident. This time limit applies to cases like slip and fall accidents, auto collisions, and wrongful death.

If you’ve sustained your injury while at work, you have two years from the date of your accident to file a workers’ compensation claim.

What is Involved in the Personal Injury Claims Process?

After an accident, you should reach out to an Easley personal injury attorney. At Hernandez & Cabra, our lawyers are ready to help you with your personal injury claim. Our legal team will gather and analyze all pieces of evidence relating to your case. This may include dashcam footage, autopsy reports, witness statements, and accident reconstruction reports. Evidence can help to prove fault and determine the value of your case.

Once we’ve established who is to blame for your injuries, our lawyers will file a demand letter seeking maximum compensation. Hernandez & Cabra will handle negotiations with insurance adjusters on your behalf. If this doesn’t work out, our trial lawyers are ready to represent you in South Carolina courts.

How Much Will an Easley Personal Injury Lawyer Cost?

Hernandez & Cabra operates on a contingency fee basis. Under this type of arrangement, we don’t require any upfront fees to represent you. We only get paid once we win your Easley personal injury claim.

Types of Personal Injury Cases We Handle at Hernandez & Cabra

Our lawyers are well-versed in various types of personal injury cases. We are ready to guide you throughout the claims process to make sure you secure a favorable outcome. Here are some of the cases that we handle:

Automobile Accidents

Our legal team can represent you if you’ve been involved in a car, truck, motorcycle, or Uber/Lyft accident.

Medical Malpractice

If you’ve sustained injuries due to a healthcare provider’s actions or omissions, you may file a medical malpractice claim in Easley, SC, to receive compensation for damages.

Wrongful Death Cases

Surviving family members may be entitled to compensation if someone else’s negligence leads to the death of your loved one.

Burn or Brain Injuries

Accidents such as slips and falls may result in brain injuries. Burn injuries may be caused by explosions, corrosive chemicals, or a car accident.

Product Liability (Defective Products)

Vehicle parts, drugs, and construction materials are examples of products that can result in harm. A lawyer can prove that a defective product caused your injuries.

Call an Easley Personal Injury Lawyer Today for Legal Assistance

If you’ve been hurt due to someone else’s negligence, you may have a valid personal injury claim. A knowledgeable Easley personal injury lawyer can help you prove that the defendant’s actions led to your injuries. You deserve compensation if their careless acts resulted in actual damages.

Angelica Hernandez and Julian Cabra are ready to hear your side of the story. We are located in Greenville, SC, and serve the residents of Easley, Anderson, Cherokee, Pickens, Laurens, and Lexington. Call Hernandez & Cabra at 864-501-4384 today to schedule your free case review. Get started to learn more about your legal options.