In South Carolina personal injury law, there are fundamental concepts and principles that make up the foundation of a claim. Having a general understanding of these terms can help guide you to decide whether you should seek compensation after an accident. The Charleston personal injury attorneys at Joye Law Firm understand what is needed to navigate the intricate legal process and are devoted to helping those injured by the negligence of others.

1. Negligence

Negligence is the cornerstone of personal injury law. To establish a successful personal injury case, it is imperative to demonstrate that the party who caused you to be injured acted negligently. Negligence pertains to the failure to exercise reasonable care, ultimately resulting in harm to another individual. This can happen in various ways, such as car accidents, slip and fall accidents, or instances of medical malpractice. Our experienced injury attorneys possess a deep understanding of the intricacies of negligence law and will work tirelessly to build a strong case on your behalf.

2. Duty of Care

At the heart of any personal injury case lies the concept of duty of care. This principle states that individuals and entities have a legal obligation to act reasonably and responsibly to prevent harm to others. For instance, drivers have a duty to obey traffic laws and operate their vehicles in a safe manner, while property owners have a duty to maintain secure premises. If someone breaches their duty of care, and you were injured as a result, you may be entitled to compensation. Duty of care can be the responsibility of multiple parties in a single case – a personal injury lawyer in Charleston, SC will be able to identify and negotiate with the appropriate parties.

3. Causation

To have a viable personal injury case, the injured party must prove that the defendant’s negligence directly caused the injuries. This means demonstrating a clear link between their actions or omissions and the harm you have suffered. Meeting this burden of proof requires thorough investigation and gathering compelling evidence to establish causation. Documentation from medical professionals also plays a key role in proving the cause of injuries. While a Charleston personal injury lawyer can help obtain your medical records, it’s a good idea to keep copies of all records pertaining to your accident-related treatments during your case.

4. Damages

The main purpose of any personal injury case is to make the injured party whole by recovering compensation for their damages. Damages encompass an array of losses, including medical expenses, lost wages, pain and suffering, emotional distress, and property damage. It is therefore important to evaluate the complete extent of your damages to ensure that you receive fair and just compensation. It can be difficult to place a monetary value on some types of damages. Be sure to consult with your Charleston personal injury attorney so they can guide you through determining total damages.

5. Statute of Limitations

Time is of the essence in a personal injury case due to the statute of limitations. This refers to the legal timeframe within which you must file a legal actionafter sustaining an injury. In South Carolina, the statute of limitations for personal injury claims is generally three years from the date of the incident. While there are some exceptions to this rule, it is important not to wait and take that chance. Failure to settle your claim or file a lawsuit within this timeframe can result in the dismissal of your case.

6. Insurance Adjuster

Insurance adjusters are highly skilled professionals who are trained to handle insurance claims. Their job is to protect their company’s interests, often at the expense of deserving claimants. By working with an experienced personal injury attorney, North Charleston injury victims can level the playing field. At Joye Law Firm, we know the tactics that insurance adjusters use to limit or deny claims and will negotiate on your behalf to ensure that you secure a fair settlement. Furthermore, we will be fully prepared to take your case to trial, if necessary. to recover the compensation that we know you deserve.

7. Comparative Negligence

In some personal injury cases, the injured party may bear some percentage of responsibility for the accident. South Carolina adheres to the principle of comparative negligence, which means that your compensation may be diminished based on your percentage of fault. As that rule implies, it can get messy when each claimant is placing blame on the other. By hiring an experienced personal injury law firm, you can get help in navigating the intricacies of comparative negligence to minimize any potential impact on your compensation.

Get a Free Consultation from a Charleston Personal Injury Lawyer

For over five decades, Joye Law Firm has championed the rights of injured individuals throughout South Carolina. Our core beliefs are founded on treating our clients with compassion and respect while relentlessly pursuing the most favorable outcome in every case. With over 250 years of combined legal experience, our North Charleston personal injury attorneys have the knowledge and expertise necessary to handle even the most complex personal injury cases.

Pursuing a personal injury claim may seem like a daunting task to undertake. But remember, you don’t have to go it alone. A South Carolina personal injury lawyer from our law firm can advocate on your behalf, protect your rights, and secure the compensation you rightfully deserve. Contact us today for a free consultation and take the initial steps toward recovering from the effects of an accident. At Joye Law Firm, we are dedicated to helping accident victims protect their rights and recover the compensation they deserve.


About the Author

Mark Joye is the Head of the Litigation Department at the Joye Law Firm. A Board-Certified Trial Advocate with nearly 30 years of litigation experience, he currently serves on the Board of Governors for the American Association for Justice and is a past president of the South Carolina Association for Justice. In a recent trial, Joye headed a trial team that secured $17 million for a family killed in a tractor-trailer accident.

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