Accidents can happen at any time. Most of them don’t happen by chance but due to the reckless actions of other parties. If you believe someone else’s negligence caused your injuries, a Greenville personal injury lawyer can help you build a strong case to secure compensation.
Personal injury cases include auto accidents such as motorcycle collisions, truck wrecks, passenger car accidents, and rideshare car accidents. But, they aren’t limited to auto accidents. Workplace accidents, defective products, premises liability cases, medical malpractices, and wrongful deaths also fall under this category.
If you or your loved one has been hurt in any of the above personal injury cases, you may be entitled to compensation for your injuries. Handling a personal injury claim in Greenville can be overwhelming, especially if you’ve suffered severe injuries. It’s advisable to hire an experienced lawyer to help you with the claims process.
At Hernandez & Cabra, our lawyers will inform you about your rights and responsibilities as well as answer any questions that you may have. Let us help you hold all negligent parties accountable for their actions. Call our Greenville personal injury law firm at 864-501-4384 to schedule your free case review today.
What Should I Do After an Injury?
It’s normal to be confused after an accident. You may experience an overflow of emotions once you realize you are hurt. Still, it’s important to note that the minutes, hours, and days after your injury can boost or jeopardize your claim.
There are various things that you should do after an accident. The knowledgeable personal injury lawyers at Hernandez & Cabra recommend these steps after an injury:
Get Medical Treatment if Needed
There’s nothing as important as your health after an accident. This is the first thing you should prioritize after an injury. If you don’t seek medical treatment, your condition may worsen. The defendant may also argue that your disregard for your own well-being contributed to your injuries.
Make sure you visit your physician after an injury for a comprehensive checkup. Let your doctor conduct all necessary tests, including MRIs and CT scans, to make sure you are okay. Remember to keep a record of all your hospital visits, treatments, and prescribed medications. An experienced Greenville personal injury lawyer can use these details to calculate the value of your claim.
Take Photos/Video if You Can
Evidence from the scene of the accident can help to establish fault. After an accident, you may use your smartphone or camera to capture any relevant details, such as missing guardrails, potholes, skid marks, road signs, and property damage. A personal injury lawyer in Greenville can use these details to establish liability.
Remember, every piece of evidence matters. Don’t disregard taking pictures of that wet surface in a grocery store or your bleeding arm. Visible injuries may heal after a while and seem less severe.
Hernandez & Cabra advises you against posting about your accident on social media. Don’t talk about your injury on platforms like Instagram or Twitter. Remember, insurance adjusters may use your statements to limit or deny your Greenville personal injury claim. They may argue that your injuries are less severe due to your actions or utterances on such platforms.
Get the Names and Numbers of Any Witnesses
Eyewitnesses may leave the scene of an accident minutes after the accident happens. You should get their contact details before they leave. A seasoned personal injury attorney in Greenville can use their testimonies to prove that the defendant’s actions were reckless.
Remember, it’s nearly impossible to track bystanders once they leave the scene of an accident. Get the details before they disappear.
Report the Incident
If you have been involved in a Greenville car accident, contact the police immediately. You can call 911 to report the collision. A police report from your car wreck can come in handy when filing a personal injury claim.
You should inform your supervisor or employer if you have been involved in a workplace accident. In South Carolina, you have 90 days to report your workplace accident. If you fail to report your accident within this period, you risk losing your benefits.
Never Admit Fault
Admitting fault after an accident could make you lose your compensation benefits. In fact, your utterances may land you in trouble. Never apologize or admit fault after an accident. Let your personal injury lawyer handle all communications with other involved parties after your accident.
Call a Greenville Personal Injury Lawyer!
After an accident, you should hire a reputable personal injury law firm in Greenville, SC. At Hernandez & Cabra, our legal team will work with you to develop the best legal strategy for your case. We won’t rest until we find out who is liable for your injuries and push for maximum compensation for your damages.
Why Do I Need a Lawyer?
After an accident, you should consider hiring a personal injury lawyer from Greenville to protect your rights and interests. Remember, insurance carriers will always look for reasons to limit or deny your personal injury claim. Still, the other involved party may hire a lawyer and try to blame you for the accident.
For this reason, it’s critical to contact an attorney after your injury. Here are some of the benefits of hiring Hernandez & Cabra:
Case Preparation / Filing a Lawsuit
Every piece of evidence is crucial when building a strong personal injury claim. At Hernandez & Cabra, our legal team will look into all aspects of your case to find out what transpired. We will analyze CCTV footage, employment records, witness statements, and videos from the scene to learn more about your case.
Our competent personal injury attorneys will also examine your medical records and speak to doctors to determine the extent of your injuries. Once we are done, we will proceed to file a claim with the insurance carrier.
Our lawyers are skilled negotiators who are ready to push for a fair settlement for your personal injury claim. We will draft a demand letter stipulating the worth of your claim after we’ve calculated your damages.
The attorneys at Hernandez & Cabra will also handle these negotiations on your behalf. We understand how overwhelming the claims process can be for victims of personal injury claims. You can rest and recuperate, letting us deal with the insurance adjusters.
Trial Preparation & Representation
Every personal injury case is different, and some cases are more complicated than others. The lawyers at Hernandez & Cabra will advise you accordingly if we feel that the insurer’s settlement offer doesn’t represent the actual value of your claim.
Our trial lawyers are ready to represent you in front of a judge and jury. We will thoroughly prepare our arguments to ensure you get the best ruling. Our reliable Greenville personal injury law firm is prepared to call expert witnesses to the stand, like surgeons and the police, to shed more light on the defendant’s breach of their duty of care.
What Type of Damages Can I Recover?
Most victims of personal injury claims are often worried about their finances. After an injury, you may end up using your savings to clear your medical bills. You may also use your own cash to repair your damaged car — which may end up costing thousands of dollars. What next?
In South Carolina, you may be entitled to compensation after an accident. This compensation helps you to recover damages that you may have suffered as a result of your injury. South Carolina courts may award plaintiffs various damages in personal injury lawsuits, including:
These damages are easy to prove using bills, invoices, and receipts. They are derived from the victim’s out-of-pocket expenses. Also known as special damages, these damages are meant to compensate monetary losses such as:
- Medical expenses
- Lost income
- Property damage
- Lost earning capacity
- Lost benefits
Also known as general damages, these damages are subjective, and they compensate for non-monetary losses. They include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of reputation
Punitive damages are not compensatory damages. The purpose of these damages is to punish defendants for their reckless actions and deter them from committing similar acts in the future. In South Carolina, these damages may be available if the plaintiff proves the defendant’s conduct was reckless, wanton, and willful.
To receive a punitive award, you must show the court that the defendant’s carelessness was intentional and that they disregarded the safety of others. These damages are capped at $500,000 or thrice the compensatory damages — whichever is greater.
How is Liability Determined?
South Carolina is a modified comparative fault jurisdiction. This implies that the amount of compensation one receives in a personal injury claim is reduced by their percentage of the blame. If your fault for an accident is less than 51%, you may be able to recover compensation for damages.
To determine liability, a Greenville personal injury attorney should prove these four elements:
Duty of Care
The first element that a plaintiff must prove in a personal injury claim is the defendant’s legal duty of care. If your claim involves an auto accident, you must show that the other party was legally obligated to drive safely. Drivers should exercise reasonable care to ensure other motorists, pedestrians, motorcyclists, and bicyclists are safe.
In a Greenville medical malpractice case, a medical professional has a duty to offer accepted standards of care to their patient. A surgeon should run all necessary tests and accurately perform an operation, ensuring the patient recovers from their condition.
Breach of Duty of Care
The plaintiff must then prove a breach by the defendant in exercising their duty of care. Here, the defendant’s reckless actions or inactions, such as speeding, may amount to a breach. Forgetting a pair of scissors in a patient’s body can also be considered a breach of a surgeon’s duty of care.
In a personal injury claim, a defendant may still be held liable even though they didn’t mean to harm the plaintiff through their unreasonable actions. The courts also consider whether the victim’s actions contributed to the accident. If they did, the victim’s compensation would be reduced by their percentage of fault.
The third element that a seasoned personal injury lawyer near Greenville can help prove is causation. This implies that the defendant’s actions or inactions led to your injury. For instance, if a driver runs a red light and ends up hitting you, causing severe injuries, this may be considered as the reason for your injuries. Their reckless actions can be directly linked to your fractured spine or traumatic brain injury.
The final element when proving the defendant is to blame for your injury is that you suffered actual damages. As a plaintiff, you must demonstrate that you suffered losses due to the defendant’s negligence.
Common types of damages that you may suffer after an accident in Greenville, SC, include:
- Property damage
- Medical expenses
- Lost income
- Pain and suffering
If you satisfy all of these elements, you may have a valid personal injury claim. A Greenville personal injury lawyer can help you determine if you have a case as well as the types of damages you may recover after your injury.
How Much Time Do I Have to File a Personal Injury Claim in South Carolina?
Every state has a statute of limitations for personal injury claims. This is the amount of time a plaintiff can file a personal injury lawsuit to recover damages.
In South Carolina, you have three years from the date of your accident to file a personal injury lawsuit. Wrongful death lawsuits must also be filed within three years after the death of your loved one. If you have been injured in the workplace, you have two years from the date of your injury to file a Greenville workers’ compensation claim.
It’s important to reach out to an attorney before this time runs out. If you don’t, South Carolina courts will bar you from filing your personal injury lawsuit.
Personal Injury Claims Process
It’s normal to panic after sustaining a severe injury. If you are confused about what you should do if you’ve been involved in an accident, Hernandez & Cabra is here to help.
The first thing that you should do after an accident is to seek medical treatment. There’s no need to ignore medical care and end up with a catastrophic injury that could have been easily prevented. Let medical professionals run their tests to make sure you are perfectly okay after an accident. Remember, you may suffer from injuries like internal bleeds that aren’t apparent.
You should also reach out to reliable personal injury lawyers from Greenville to help you with your personal injury claim. If you are unable to do this yourself, your loved one can contact us for legal assistance.
Our legal team will gather and preserve relevant evidence from the scene that may help with your personal injury claim. We will go through the evidence to find out what your claim is worth. Our legal team will then proceed to file a claim with the insurance carrier.
Hernandez & Cabra is ready to negotiate aggressively on your behalf to ensure you get the insurance payout you deserve. If this isn’t feasible, our legal team will file a personal injury lawsuit before your three years run out.
How Much Will a Greenville Personal Injury Lawyer Cost?
Hernandez & Cabra handles all Greenville personal injury claims on a contingency fee basis. We don’t require our clients to pay any upfront fees for our legal services. You will only pay a percentage of your final compensation once we win your case.
Types of Personal Injury Cases We Handle at Hernandez & Cabra
Our legal team is ready to handle your personal injury case. Here are some of the cases that our lawyers handle:
Every year, many automobile accidents happen on South Carolina roads. Our legal team is well-versed in these cases, having dealt with many claims involving trucks, motorcycles, and passenger vehicles.
Medical errors like misdiagnosis, surgical errors, and a delayed diagnosis can result in catastrophic complications. Our medical malpractice lawyers can help you prove that a doctor’s negligence led to your injuries and damages. In South Carolina, non-economic damages for medical malpractice cases are capped at $350,000 for every claimant.
Brain Injuries and Spinal Cord Injuries
Spinal cord injuries can cause paralysis and are associated with costly long-term treatment. Brain injuries can impair your memory, emotions, cognitive function and impact all areas of your life. Both of these devastating injuries can be caused by car accidents, slips and falls, or sporting accidents.
Product Liability Cases
If a product such as a toy, a battery, or a drug leads to your injury, our lawyers can help you file a defective product claim to recover damages.
Wrongful Death Cases
The above personal injury cases may result in the wrongful death of your loved one. We are ready to help surviving family members pursue justice for the death of someone you care about.
Call a Greenville Personal Injury Lawyer Today to Find Out if You Have a Valid Claim
If you or someone you care about has been hurt in Greenville, South Carolina, by someone else’s negligent acts, you may be entitled to compensation. A personal injury lawyer can look into the facts of your case and determine whether you have a valid claim. At Hernandez & Cabra, our attorneys are ready to protect your rights throughout the claims process.
Book your free case review today to find out if you have a case. Our lawyers are ready to discuss your legal options. Remember, Hernandez and Cabra have extensive experience handling personal injury cases in Greenville.