Mount Pleasant Personal Injury Lawyer

Accidents happen in a number of ways in Mount Pleasant and throughout South Carolina. When they occur, it is usually due to another person’s negligence or carelessness. Accident victims who are injured due to another person’s recklessness or thoughtlessness should not have to pay for their medical expenses out of their own pocket. Many accident victims cannot even return to work to pay for those costs.

When someone else’s negligence caused your injuries, you may be able to file a claim against them for compensation. Filing these claims is not always easy. The other side may argue that you were partly or entirely at fault for the accident, and there are many deadlines and procedures to follow. Below, our Mount Pleasant personal injury lawyer explains in further detail.

How Can Our Mt. Pleasant Personal Injury Lawyer Help?

People can become hurt in a number of ways. Some of the most common of these include car crashes, slip and falls, and truck accidents. Regardless of how an accident occurs, people suffer serious injuries afterwards that result in high medical bills, lost income, significant pain and suffering, and other losses. Our Mount Pleasant personal injury lawyer handles many different types of cases, including:

• Car accidents: South Carolina is a tort state, meaning that after a crash, you must file a claim with the negligent driver’s insurance company. You will then negotiate with the insurer for a fair settlement offer that will cover all of your expenses and other losses. Our experienced attorney can handle head-on collisions, DUI crashes, and more.
• Bicycle accidents: Bicycle accidents are typically caused by negligent motorists. When bicyclists are involved in a crash, they often suffer some of the most serious injuries because they are so exposed and vulnerable when sharing the roads with drivers.
• Motorcycle accidents: Motorcyclists have nothing more than a helmet to protect them in a crash. They are also often thrown from their bike, which can result in a secondary accident or very severe injuries such as amputations or road rash, which can lead to infections and other complications. Motorcycle accident claims differ from other crashes on the roads because juries and insurance companies often have biases against bikers, and they must also be educated in the differing mechanisms of motorcycles.
• Truck accidents: Of all the different types of accidents on the road, those involving trucks are often the most severe. These crashes are also different from car accidents. The injuries are far more severe, there are potentially many liable parties, and different laws apply. It is critical to work with an attorney after any truck accident.
• Defective products: People use a number of products every day, but they never expect to become hurt by them. This means you do not have to prove a manufacturer, designer, or seller was negligent in designing or manufacturing the product. You simply have to show that the product was defective and that you suffered injuries as a result.
• Nursing home abuse: When many people first think of nursing home abuse, they often think of physical wrongdoing such as hitting, punching, pulling, or pushing. Sadly, there are many different types of nursing home abuse, though. They include emotional abuse, financial abuse, sexual abuse, abandonment, and more. Any time a nursing home resident suffers harm, they can file a claim against the staff member or facility, or a family member can file on their behalf.
• Wrongful death: Sometimes, an accident is so severe, victims do not survive it. SC Code § 15-51-10 allows family members to file a claim for the losses they suffer due to the death, such as funeral and burial expenses and lost income the family depended on.

Our Mount Pleasant Personal Injury Lawyer Can Prove Your Case

Proving that someone else’s negligence after an accident is rarely easy. There are several elements you must prove, and they are as follows:

• Duty of care: The first element of proof to establish is a duty of care. This means that the person who caused the accident had a duty to act in a reasonable manner so no one is hurt. All motorists have a duty of care to operate their vehicle in a safe manner, for example. Property owners also have a duty to keep anyone who enters the premises safe.
• Breach of duty: Establishing a breach of duty requires you to prove the negligent act of the other party that caused your accident. For example, if a motorist was impaired and caused a crash, that could show a breach of duty. Or, a nursing home staff member may leave a resident unsupervised, causing them to fall and sustain serious injuries.
• Causation: A negligent act alone is not enough to file a personal injury claim. For example, if a motorist ran a stop sign but did not cause an accident that resulted in injuries, there is no basis for a claim. When filing a claim, you must show the direct link between the negligent act and the accident that caused your injuries.
• Damages: A personal injury claim is meant to compensate you for your losses, known as damages. If you did not sustain any damages, there is nothing to compensate for, and so, there is no claim. You must prove the full extent of your medical losses, pain and suffering, lost income, and other damages when filing a claim.

Our Mt. Pleasant Personal Injury Lawyer Can Help You Claim Full Damages

It is not always easy to determine the full amount of damages you suffered in an accident. Total compensation in personal injury claims is divided into two main categories: economic and non-economic damages.

Economic damages have a concrete dollar value. These damages include medical expenses, lost income, property damage, and more. Non-economic damages, on the other hand, do not have an actual dollar value. These damages include pain and suffering, loss of consortium, permanent disability, and more. Non-economic damages are harder to calculate due to the fact that they do not have an actual dollar value.

In rare cases, punitive damages may also be available. To obtain these damages, though, you must show that the defendant acted with gross negligence or recklessness. Unlike other types of damages, punitive damages are meant to punish defendants and deter them from behaving in the same manner in the future. For example, impaired driving is considered extremely reckless, and so, if you were injured by a drunk driver, punitive damages may apply in your case.

Our Mount Pleasant Personal Injury Attorney Can Help You Through the Process

Although you may have been injured due to another person’s negligence, you should be focused on your recovery in the weeks and months afterward, not dealing with insurance companies. It is critical to work with an attorney when going through the process so you can obtain the full compensation you deserve. There are many ways a personal injury attorney can help, including:

• Investigate the crash: Some of the best evidence is at the accident scene, even after injuries have occurred. A lawyer will investigate your accident to determine how it occurred, locate witnesses who may have seen what happened, and collect other evidence to prove your case. A lawyer can do this while you focus on healing from your injuries and will know what evidence is strongest.
• Provide sound legal advice: Only an attorney will know all of the laws that apply to your case. For example, SC Code § 15-2-20 states that you have just three years from the date of an accident to file a claim, in most instances.
• Accurately value your claim: You may understand the losses you have already sustained, but it is just as important to know what losses you will incur in the future. If you accept a settlement and incur further losses, you cannot return to the insurer and claim more. A lawyer will know how to accurately value your claim and include all of your losses so you are fully covered.
• Negotiate with the insurer: Dealing with the insurance companies is never easy. A skilled attorney will know the effective negotiation tactics to help you obtain the fair settlement you deserve.
• Represent you in court: If the insurance company refuses to make a fair settlement offer, you may have to go to trial to uphold your rights and obtain maximum compensation. While you should work with a lawyer throughout all phases of the process, it is critical that you have legal representation when going to trial.

There are many phases in the personal injury claim process. It is important to work with someone who has the necessary experience to make it as easy as possible for you, so you can focus on getting better.

Who Can Our Mount Pleasant Personal Injury Attorney Help?

Our personal injury attorney can help throughout the city. If you live in the following Zip codes and have been injured due to someone else’s negligence, contact us today:

• 29429
• 29451
• 29464
• 29466
• 29482

Our personal injury attorney can also help accident victims in Charleston, South Carolina.

Call Our Mount Pleasant Personal Injury Lawyer Today

If you have been hurt in an accident that was caused by another person’s carelessness, you may deserve financial compensation. Our personal injury lawyer in Mount Pleasant can help you claim the full and fair settlement you are entitled to. At Rikard & Protopapas, our experienced attorney will collect the necessary evidence to prove your case, accurately value your claim, and negotiate on your behalf so you obtain the maximum compensation you deserve. Call us now or fill out our online form to schedule a free review of your case and to get the legal help you need.

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