Personal Injury Lawyer

Benefits of Hiring a Personal Injury Lawyer – Maximize Your Compensation Today

A personal injury can be a life-changing event. After an injury, a person may have a temporary or permanent disability, may not be able to work, and may suffer emotional and mental anguish. They may also be left with damages that they struggle to repair or replace.

Hiring a personal injury lawyer can help alleviate some of the burden of getting back up on your feet. If you or a loved one has experienced a personal injury, obtaining legal representation can help protect your interests and alleviate the burden of recovering compensation for your injuries and damages.

Do I Have a Personal Injury Case?

South Carolina law defines personal injuries as those that occur due to the negligence or intentional action of another party. Personal injury cases can can arise out of any situation in which another party causes (intentionally or unintentionally) harm to another.

Types of Personal Injury Cases

The most common types of personal injury cases include:

  • Motor vehicle accidents
  • Slip-and-falls
  • Defective products
  • Medical malpractice
  • Nursing home abuse
  • Daycare negligence
  • Animal attacks (like dog bites)
  • Workplace accidents

What Can a Personal Injury Lawyer Do for You?

A personal injury lawyers can:

  • Gather relevant evidence to help your claim. An attorney will help you collect all pertinent evidence including witness information, photographs, medical records, billing statements, and more. Your attorney can also advise you on proper records management and preservation.
  • Protect your interests throughout the process. It is not uncommon for parties to file counter-claims in a personal injury case. An attorney can help defend you against counter-claims and cross-claims (if necessary) and also ensure your interests and claims are protected.
  • Negotiate effectively with third parties. Personal insurance attorneys are knowledgeable of the law and have experience dealing with insurance carriers. They can identify low-ball offers, help you avoid making statements that could be injurious to your case, and help you maximize your settlement.
  • Present your case effectively during the trial process. South Carolina follows a modified comparative negligence law. This means that if you are found to be 50% or more at fault for the accident that caused your injury, you may not be eligible for recovery of damages. Having an experienced personal injury attorney present your case can help ensure all evidence is presented before the judge and jury in a way that supports your case and protects your ability to receive compensation.
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Even if your case does not go to trial, having an attorney handle the claims process for you allows you to recover from your injuries and gives you peace of mind knowing your claim is being handled expediently and accurately.

How Many Personal Injury Cases Go to Trial?

Not all personal injury claims go to trial. In most cases, it is in the best interest of both the insurer and the claimant to settle the claim out of court. If your claim does go to trial, having an attorney who is already familiar with your case can help protect your interests.

Is It Worth Hiring a Personal Injury Attorney?

Many people hesitate to hire a lawyer because they have misconceptions about what it means to have legal representation. Likewise, insurance carriers may also advise a claimant to “not involve lawyers,” while they employ an entire legal department to protect their assets.

There may be pros and cons of hiring a personal injury attorney. Some of the benefits of hiring an experienced personal injury attorney include:

  • Knowledge of personal injury law. In South Carolina, approximately 36% of the state’s civil cases are personal injury cases. Not just any lawyer should take your case. You need an attorney who is knowledgeable of personal injury law and has experience working with insurance carriers.
  • Knowledge of local laws and regulations. A personal injury attorney who understands your state laws and local court procedures can help ensure the process moves as smoothly as possible.
  • Understanding of court procedures, statute of limitations, etc. Courts follow strict rules for filing, service of process, and responding to discovery. An experienced attorney can help ensure that these procedures are followed properly.
  • Assessment of the full scope of damages. Understanding the full scope of damages means being able to appraise your claim and determine not just economical damages, but non-economical damages like pain and suffering and loss of consortium.
  • Trial/negotiation/litigation experience. It wouldn’t make sense to hire an attorney with no trial experience to handle your claim. If your claim needs to be tried in court, you’ll want an attorney who has trial experience under their belt.
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The “cons” of hiring a personal injury lawyer only exist if you hire an attorney who is not experienced, not familiar with local laws and court procedures, and can’t give your claim the attention it needs.

What Happens If I Don’t Hire a Personal Injury Attorney?

You do not have to hire a personal injury attorney to help you with your claim, but you may experience some disadvantages, like:

  • Receiving less compensation/lowball offers from insurers. Insurers who know you are not represented will likely try to offer you the lowest possible amount for your claim.
  • Complications in dealing with legal paperwork/court formalities. Most people don’t fully understand the legal process and are not aware of the procedures associated with court filings. If you file something late, fail to respond, or ignore court filings, you could be held in contempt and your claim could be denied.
  • Potential for delays or mistakes. Mistakes happen, and if you are filing your claim on your own, there’s the potential you’ll miss something important which could result in a delay or a denial of your claim.

Without an attorney, you will be fully responsible for the entire claims process while you are attempting to recover from your injuries.

Hiring a Personal Injury Lawyer

When Should You Hire a Personal Injury Lawyer?

You can contact an attorney as soon as you are involved in an accident. The sooner you hire legal representation, the better chance you have of establishing your case and maximizing your claim.

Legal representation is critical particularly when serious injuries are present and a person cannot physically and/or mentally represent themselves. Likewise, if a claim is complex and/or includes multiple parties, representation can help you determine fault and liability so you can pursue a claim from the appropriate party.

Attempting to handle a personal injury claim without a lawyer is risky, because the average person does not have a working knowledge of state and local laws, may make statements that could be used against them, and may mishandle their case resulting in a denial of their claim. If you’ve suffered a personal injury, hiring an experienced personal injury lawyer is one of the smartest decisions you can make.

See also  2023 Guide to Personal Injury Cases

How Much Does It Cost to Hire a Personal Injury Lawyer?

Most personal injury lawyers operate on a contingency fee basis. This means they don’t charge you a fee unless and until they win your case. Once your settlement is awarded, your attorney will collect a percentage of the settlement. The percentage varies based on the retainer agreement you have with your attorney. You must understand your lawyer’s retainer agreement so that you are not surprised with administration fees, court costs, or settlement fees.

Questions to Ask a Personal Injury Attorney 

Hiring a personal injury attorney is smart, but finding the right one may take time. When you schedule a consultation, here are some questions to ask to see if they are a good fit for you and your case.

  • What is your experience in handling personal injury cases in South Carolina? You’ll want an attorney with experience. Consider the firm’s experience as a whole, and remember law firms operate as teams- your attorney has the backing of the entire firm.
  • How long have you been practicing personal injury law? Years of experience matter, especially with personal injury. Find out how many years of experience your attorney has. If they are new, find out if a more experienced attorney oversees their work or will be present at hearings, trials, etc.
  • What is your success rate in personal injury claims? Some firms have higher rates of successful outcomes. Knowing a firm’s success rate does not guarantee success with your claim, but it can indicate that the firm is experienced, knowledgeable, and hard-working.
  • How will you keep me updated on my case? Correspondence and communication is key to a successful attorney/client relationship. Understanding how your attorney will communicate with you and how frequently can help ensure you have proper expectations.
  • Do you have adequate resources or staff to help with my case? A full staff of assistants, attorneys, and paralegals can ensure that your case is handled more efficiently. Find out the scope of the firm you are interviewing and how quickly they respond to inquiries, phone calls, emails, etc.

It can be intimidating to meet with an attorney for the first time, but it doesn’t have to be. Finding a compassionate, experienced personal injury lawyer is possible and is worth the time it takes to interview a few firms to find the right fit. Personal injuries are complex cases and trying to go them alone can result in denials or lower settlement offers. Hire a personal injury attorney today to help protect your interests and maximize your settlement.

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