Accidents can happen without warning and they often end with injuries and damages that can impact the victim’s life and the lives of their family to any degree of severity. Sometimes accidents happen due to the negligence of an individual or entity, other times they may involve malicious intent. The important thing to remember is that rarely do accidents just happen for no reason, accidents are caused.
When it comes to facing the resulting serious damages and injuries, a personal injury lawyer can help you properly identify the at-fault party, calculate the compensation due, and demand the full compensation you need to make a full recovery.
If you have fallen victim to an accident in Spartanburg, or have a family member who has been injured or even killed in an accident, you need not face the aftermath alone. Our attorneys at Hernandez & Cabra are here to help you exercise your right to compensation. Call 864-501-4384 today to arrange a consultation with our experienced Spartanburg personal injury lawyers.
What Should I Do After an Injury?
After being involved in an accident, it is only natural to feel a shock and dismay to any degree. You may experience feelings of anger, guilt, and frustration. But it is important to keep a clear head and act to protect your interests. Here are some important pointers to keep in mind after being involved in an accident of any type:
Get Medical Attention
Injuries sustained in an accident can be severe or mild, but only an experienced medical professional has the perspective to diagnose the extent of damage and recommend a path to full recovery. Even if you feel the injury is minor, the excitement of the moment could be clouding your judgment. Don’t take chances with your health, have all injuries examined by a medical professional.
Collect Evidence If You Can
If you are serious about getting compensation, you will need to consider the strength of your case. The strongest cases are built on a wealth of evidence and the freshest evidence is always the best. Be sure to take as many pictures as you can of the scene of the accident and collect receipts, parking stubs, and anything else that supports your claim to compensation.
Talk to Witnesses
The testimony of eyewitnesses can shed light on the occurrence from different perspectives. Collect the names and contact information from anyone in the vicinity who may have seen the accident take place.
Report the Incident
Notifying the proper authorities provides an important time stamp to the accident. Most often the police will arrive with emergency services to make a report of the accident. For accidents that occur in the workplace, supervisors and employers should be notified. Call up animal control if the accident involves a dog bite.
Do Not Admit Fault!
While you may feel that you played a role in the accident, it is important to never admit fault. Even a simple “sorry” can be interpreted as an admission of guilt. It is imperative to speak with your lawyer who can describe the events as they occurred from a legal perspective before deciding on where fault truly lies.
Call a Personal Injury Lawyer
You are entitled to compensation for the damages suffered in an accident by South Carolina Law. But defending your rights in a personal injury case can involve many details and complexities most people do not fully understand. At Hernandez & Cabra, we have the skills to ensure your rights are fully respected.
Why Do I Need a Lawyer for My Spartanburg Injury Case?
Personal injury law is never simple and straightforward no matter how obvious the incident leading up to the accident appears to be. Insurance providers for the opposition will be fighting tenaciously to protect their interests and you will need an equally formidable defense if you are serious about getting compensation.
Here are some of the ways our seasoned Spartanburg personal injury lawyers can help you come out on top:
Case Preparation / Filing a Lawsuit
This is something we do all the time and we have refined our legal process to a fine science. We have the skill and attention to detail to craft a strong case that will carry heft in negotiations and stand strong if this case should be taken to court.
Most of the time, these cases will be solved through negotiations with the at-fault party, or more commonly their insurance providers. The opposition will do all they can to cast doubt on your case and even try to prove that you were responsible for the injuries sustained. But our tenacious personal injuries will apply skill and experience in protecting your interests and demanding the compensation you deserve.
If no settlement can be reached, it will be necessary to take the case to court. Our personal injury lawyers have years of experience in the court scene and know exactly what is needed to turn the wheels of justice in your favor.
What Type of Damages Can I Recover?
The state of South Carolina makes three types of damages available to victims of personal injury:
Economic damages are those that can be calculated from financial records. Economic damages cover the past, present, and future expenses that result from the injuries involved in an accident. These can include the costs of treatment and medical expenses as well as wages lost and loss of earning capacity.
Some damages will not be so easy to convert into a specific financial figure. For non-economic damages, experts will be called to provide testimony. Non-economic damages can include pain, suffering, mental anguish, loss of consortium, and the loss of capacity to live a normal life.
In cases where the accident occurred as a direct result of especially careless or reckless behavior on the part of the defendant, punitive damages may also be applied. Punitive damages are applied to the defendant for the purpose of punishing intolerable behavior.
How is Liability Determined?
South Carolina applies the concept of “comparative negligence” when determining who is liable for the damages caused in an accident. This means that all injured parties can recover damages so long as their negligence doesn’t exceed the negligence of the other parties involved.
The damages that can be recovered will be reduced by the percentage of responsibility they have in the accident. For example, if the damages suffered in an accident are set at $10,000, but the plaintiff also shares 20% of the responsibility, the plaintiff will only be eligible for 80% of the damages or $8,000.
But a fundamental point in establishing liability comes down to the concept of “negligence.” In a personal injury case, negligence is defined as the lack of care expected from any reasonably minded person acting in a similar situation.
To prove negligence, the following points must be established:
Duty of Care
For our society to function properly, there is a duty of care that must be observed to avoid causing harm to others. For example, motorists operating their vehicles on the roads have a “duty of care” to other motorists and must follow traffic laws to ensure no one is injured or killed on the roads. Proprietors of stores and restaurants, as well as medical providers, also owe their patrons and patients a “duty of care. ”
Breach of Duty of Care
For negligence to be proven, the duty of care must be breached. This means that the defendant did not act in the same way any reasonably-minded person would act to protect the safety of the victim. This means that the defendant knew that their actions or inactions could be potentially dangerous.
The actions or inactions of the defendant were the cause of the damages suffered by the plaintiff. Causation connects the negligence of the defendant to the injuries sustained by the victim.
It is not enough that the plaintiff acted in a reckless or careless way, to establish negligence it is essential that the plaintiff suffered damages as a direct cause of the actions or inactions of the defendant.
How Much Time Do I Have to File a Personal Injury Claim in South Carolina?
Every state will have a time limit in which personal injury cases must be filed against the at-fault parties. This is called the “statute of limitations.” If the case is not filed within this specific timeframe, the plaintiff loses their rights to demand compensation for the damages they received.
In South Carolina, the statute of limitations for personal injury cases is three years from the date of the accident that led to their injuries. In cases where the damages or injuries were not immediately apparent, the clock begins running from the date of the diagnosis. If the claim is made against a government agent or entity, the statute of limitations is reduced to two years from the date of the accident.
How Much Will a Spartanburg Personal Injury Lawyer Cost?
It is impossible to predict when an accident will impact your life. Not everyone has a stash of cache set aside for the high prices of legal representation for this specific eventuality. For this reason, we offer our skills, experiences, and resources as a leading law office on a “contingency fee” agreement.
This means that we will not charge you anything for our initial consultation, our ongoing representation, and the considerable resources we will dedicate to bringing your case to its conclusion. As a matter of fact, unless we win the case and recover your compensation, we will not charge you anything at all.
This gives us a strong incentive to give your case top priority and recover the highest compensation we can. Once we win the case, we will take our legal fees as a percentage of the compensation recovered.
Types of Personal Injury Cases We Handle at Hernandez & Cabra
Here are some of the cases in which our Spartanburg personal injury lawyers at Hernandez & Cabra have extensive experience:
Slip and Falls
Perhaps the most common type of personal injury case is also one of the most difficult to build. To prove negligence in a slip and fall case, it is essential that the victim had no idea of the danger before the accident.
Traffic accidents can result in mild to severe damages. It will take an experienced car accident lawyer to properly investigate the events leading up to the accident to determine liability. We also have the skills and professionals to properly calculate the damages suffered to provide you with full compensation.
Motorcycles are smaller than cars and offer little protection, so riders always suffer the worst injuries in a traffic accident. Because motorcycle accidents can have serious and long-lasting results, it is important to obtain experienced legal representation when negotiating settlements.
Even those dogs are our best friends, they are also powerful animals and can cause serious damage in the worst situations. Dog owners of especially aggressive dogs are required to take certain measures to ensure their animals are not a threat to the public. If you have been bitten by a dog, be sure to call animal services and find out if the dog in question has attacked other people before.
Medical malpractice is a category of personal injury law and requires a team of lawyers with special experience in the field of medicine. We have handled many of these cases before and have the skills and experience to determine liability in hospitals, pharmaceutical companies, and medical providers.
Commercial trucks can weigh over 80,000 pounds and cause significant damage in case of an accident. For this reason, commercial trucking companies are required to carry very high insurance coverage. You will need the help of a top-notch truck accident lawyer to convince the notoriously unscrupulous insurance adjusters to come to terms with your 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.
Get a Free Consultation With a Spartanburg Personal Injury Lawyer
If you have suffered injuries in an accident, don’t take chances. Even though you have a right to compensation for your personal injury case, it will take a fight to see that your rights are fully respected. This is where our talented team of legal professionals at Hernandez & Cabra comes in. We will place the full strength of our law firm at your disposal to fight tenaciously to your right to full compensation for your injuries.
Call 864-501-4384 right now and arrange for a free consultation with our reputable personal injury lawyers in Spartanburg, SC. We will examine your case from a legal perspective and provide you with the best course of action for your situation.