If you are injured in an accident caused by someone’s negligence, you have the right to seek compensation for your damages. However, you will have to deal with the negligent person’s insurance company, which will try to deny your claim or reduce the value of your damages. The issue is: at what point do you need to call a Beaufort personal injury lawyer to help you win your accident claim?
Ideally, you should involve an attorney from the very beginning of the case. Here are the reasons for this decision:
The Lawyer Can Investigate the Accident While You Recover
South Carolina uses a modified comparative negligence principle in all personal injury cases. You have to prove that the other party was 51% or more at fault for your accident in order to file a claim.
Proving fault requires evidence, which a lawyer knows how to obtain by investigating the circumstances of the accident. This must be done as quickly as possible after the incident, because eyewitnesses’ memories fade and physical evidence may be destroyed.
You may be unable to perform your own investigation, because you are in hospital or at home, recovering from your injuries.
An Attorney Will Evaluate Your Damages Fairly
People without lawyers often get a lowball settlement offer from insurers, because they are not aware of the full extent of the damages they are allowed to recover. Under South Carolina law, personal injury victims may seek both economic and non-economic damages.
Economic damages represent current and future financial losses and costs directly related to the accident, such as:
- Medical care costs
- Property damage
- Lost wages
- Loss of earning capacity
- Costs with ongoing physical therapy and nursing care
- Costs with assistive devices (cane, walking frame or wheelchair)
Non-economic damages represent compensation for pain and suffering. You have the right to receive damages for:
- Physical pain
- Emotional trauma
- Mental anguish
- PTSD
- Loss of consortium
- Loss of enjoyment of life
It is very hard to put a fair dollar value on this type of suffering. This is why you should hire an experienced Beaufort personal injury attorney to prepare a fair estimate of all your damages.
The Lawyer Will Comply with All Deadlines and Regulations
In our state, the statute of limitations for filing a personal injury lawsuit is three years. This means that you must consider the need to file a suit if the insurer refuses to settle your claim and file it as soon as possible after the accident.
It also means that you should know how to act if the insurance adjuster delays making a decision. Most importantly, you must avoid wasting time and risking a claim denial by making sure that all paperwork is complete, correct and filed according to the insurer’s rules.
An attorney has experience in these procedures and will ensure that your claim proceeds without delays and interruptions. They will also maintain a sufficient time reserve to file suit and prepare your case for court.
The Attorney Knows How to Negotiate with Insurance Companies
The most important moment in a personal injury claim is the negotiation with the insurance adjuster. This is when you must have a skilled lawyer by your side. Legal professionals know how to present evidence and use legal statutes to justify your damages.
They will indicate the clear fault of the insurer’s client and communicate in no uncertain terms that you will escalate your case to court if you don’t obtain fair compensation. The success rate of this approach is staggering, as less than 3% of all personal injury claims actually end up in court.
Schedule a Free Case Review with a Skilled Beaufort Personal Injury Lawyer!
Having a lawyer by your side during a personal injury claim is essential if you want to obtain the just and fair compensation you deserve. At McDougall Law Firm, an experienced Beaufort personal injury lawyer will analyze your evidence and represent you on a contingency fee basis if you have a valid claim.
We also offer each new client a free case review, so call or text us at 843-379-7000!
