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Personal Injury Case: What Does This Entail?

April 13, 2022

Have you ever heard of a Columbia personal injury lawyer? If you have then you must have an idea of a personal injury case. A personal injury case is all about any damage to you physically and you are not at fault. Most personal injury cases are claimed by the plaintiff on basis of total damages caused by the defendant.

There are various examples of such cases where people come forward to demand compensation from the party responsible for their injuries. According to the CDC, the ratio of unintentional accidents has increased in recent years. When an accident is caused by someone’s careless or reckless actions, the victim can file a personal injury case.

If you want to understand what exactly are personal injury cases and under what circumstances you can claim for the losses, let’s dig into the details.

What Is a Personal Injury Case and When Can I File One?

It can be complicated at times to understand the basic conditions for when you can claim compensation through personal injury cases in Columbia. In order to win a personal injury case, you need to prove the following.

  • The other party had a duty of care toward the victim. For example, a driver must follow traffic laws, and a nursing home must care for elderly residents.
  • The responsible party did not uphold this duty of care.
  • The defendant’s negligent actions caused the victim’s injuries.
  • The victim suffered harm such as injuries and financial losses.

Here are some examples of personal injury cases:

  • You are injured in a car accident because of a reckless driver.
  • An elderly person is a victim of nursing home abuse.
  • Someone has been injured in a car crash caused by a defective vehicle part.
  • You’re in a truck accident, and the trucking company didn’t screen drivers before hiring them.
  • You were hurt in a slip and fall caused by unsafe conditions on a property.
  • Your loved one died because of someone’s careless actions.

For such cases, personal injury lawyers are highly recommended. They know how to deal with legal complications and what types of damages you can claim in each case.

Damages in a Personal Injury Case

Damages are the monetary compensation that the at-fault party must pay to the victim in a successful personal injury case.

Examples of damages include compensation for:

  • Cost of doctor’s visits, medication, and surgery
  • Cost of physical therapy
  • Cost of expected future medical expenses
  • Lost income due to missing work
  • Lost earning capacity because an injury has left the victim disabled
  • Loss of companionship in a wrongful death case
  • Loss of enjoyment of life
  • Disability or scarring

If the court determines that you’re partially at fault in a personal injury case, you may still be eligible for compensation. Here in South Carolina, the law says that the plaintiff is entitled to receive compensation reduced by an amount equal to the percentage of his or her fault. This is true so long as the plaintiff is found to be 50% or less responsible for the accident.

For example, if you are found to be 20% at fault then you will only receive 80%.

How Can a Columbia Personal Injury Lawyer Help?

If you ever think of a scenario where you know are injured and another party is at fault, then you should try to reach out to a professional Columbia personal injury lawyer.

A Columbia personal injury lawyer can collect pieces of evidence for you once they know your case’s nature. If a lawyer feels that they are not right for the case and some other professional can help you, then they will refer someone else to you who is better suited to help you.

Personal injury cases are not easy to handle, they can make you frustrated at times because of the insurance companies and their attempts to get out of paying you fair compensation. Also, such cases can make you feel alone and anxious at times.

You also need someone who will understand the nature of your case and can analyze the overall losses and the damages you can demand compensation for.

The amount of compensation in a case depends on the severity of your injuries, the extent of your financial losses, and your pain and suffering. Medical expenses, loss of income, lasting disability or scarring, and diminished quality of life are some of the factors considered by the court when deciding compensation.

We encourage you to reach out to us if you ever feel the need for a Columbia personal injury lawyer.