A personal injury is a type of injury that affects a person’s body as opposed to their property or reputation. It can be a mental injury or a physical injury. It can be caused by a variety of incidents including slip and falls, car accidents, medical malpractice, violent acts and more.
Personal injuries often occur as a result of someone’s negligence. If you’re a victim of a personal injury accident, you may be entitled to compensation. Trey Harrell Auto Accident and Personal Injury Attorney is a Charleston-area lawyer you can trust when you’ve been injured.
Our personalized approach to handling personal injuries ensures the insurance companies won’t settle for less and that negligent parties are held accountable. Call 843-701-8029 to learn what our personal injury law firm in Charleston can do for you.
Different Types of Personal Injury Claims in Charleston
There are many types of personal injury claims that warrant compensation. We handle these types of personal injury cases and more.
Motor vehicle accidents
Drivers have a duty of care to keep themselves and others safe when they are on the road. They can do this by obeying traffic signs and lights, not driving distracted or intoxicated, and staying within the speed limit. Unfortunately, some people violate their duty of care increasing the risk of an accident and potentially causing you serious injuries and property damage.
There are many types of vehicle accidents that can occur including the following:
We take on Charleston accident cases such as:
- Rear-end accidents
- T-bone collisions
- Head-on collisions
- Sideswipe accidents
- Rollover accidents
- Faulty equipment accidents
Some doctors act negligently and conduct procedures that do more harm than good. As your personal injury attorney, Trey Harrell can help you build a strong case against a medical professional or hospital after a missed diagnosis, botched medical procedure, or other form of medical negligence.
Products that are sold on the market must be safe for human use. If any dangers are present, they must be listed on the packaging and directions for safe usage must be included. If a company fails to package a product safely or does not include the appropriate warnings on the package, and someone gets hurt, they could be responsible for losses.
Slips and falls
If you slip and fall while visiting a property in Charleston, like a business, you may have a personal injury claim on your hands.
A property owner has the duty to maintain their property so visitors will stay safe. If they fail to do so, you may be able to claim damages as the victim or as the family of a loved one.
Dog bites can result in serious injuries including disfigurement, scarring, broken bones and more. If you get badly bitten due to a dog owner’s neglect, they may be responsible for your losses.
Injuries on the job can occur for a variety of reasons. You may get injured dealing with work materials, or you may get hurt due to a co-worker’s actions or improper training. You may slip and fall because of an unsafe work environment.
When a workplace accident occurs in Charleston, you may be able to target a co-worker, your employer or the building owner for damages. We also deal with workers’ compensation cases and can help you pursue compensation for the time you’re out of work with your injury.
Our Charleston personal injury law firm helps construction workers who have been injured by an accident on-site. With the construction industry being known for a high rate of workplace incidents, we understand how crucial it is to have a knowledgeable attorney in your corner to file a construction accident claim for workers’ compensation or personal injury.
Nursing home abuse
When you check a loved one into a nursing home, you expect them to get terrific care. Unfortunately, many Charleston residents are neglected and abused in nursing homes. Whether it’s a fall in a nursing home, improper medical care or a form of physical or mental abuse, we hold nursing facilities accountable.
Common Types of Personal Injuries
There are many personal injuries that call for a lawsuit. These include:
- Traumatic brain injuries
- Broken bones
- Spinal cord injuries
- Organ damage
Establishing Negligence for a Personal Injury
One important step to take in recouping personal injury damages is establishing negligence. Here are the elements to negligence:
- Proving a breach of duty of care: You must first prove that the defendant had a duty of care to the victim, and that the duty of care was violated. For example, drivers have a duty of care to drive safely. If they speed or disobey the rules of the road in any other way, they will be violating that duty.
- Proving damages: Next, you must prove that the defendant’s actions were the direct cause of your injury.
- Proving losses: The final step will be establishing that the injuries you sustained in the accident led to economic and/or non-economic losses.
What Losses Can I Collect in a Personal Injury Claim?
There are several types of losses you can claim when a personal injury occurs in Charleston. These include:
- Medical expenses: This will cover the cost of medical care needed immediately after the accident as well as ongoing care for the injury including rehab, medications and more.
- Lost wages: If you need to take time off your job to recover from the accident, the defendant will have to compensate you for your lost wages.
- Loss of future earning potential: If your injuries are bad enough, you may not be able to continue working at your current job or you may be unable to return to work at all. The defendant will need to cover you for any discrepancy in income.
- Emotional pain and suffering: Many people suffer with trauma and PTSD after an accident occurs. It can be difficult to assign a monetary value to these emotional needs, but your lawyer will come up with a number that’s fair. The amount may also include psychiatric care.
- Punitive damages: Punitive damages are put into place when the defendant exhibited extremely reckless behavior in causing the injury. They are meant to prevent the person from repeating the behavior in the future.
- Wrongful death: If the victim dies from their injuries, the case can be considered a wrongful death. Damages may cover the family for a loss of the deceased’s income and support, the family’s emotional pain and suffering, burial and funeral expenses and more.
How Can a Personal Injury Lawyer Help You Win Your Claim
Working on your behalf, Trey Harrell and his team can handle each of the steps with filing a personal injury claim and obtaining compensation.
1. Sending a demand letter
Once the lawyer determines who is liable for damages, they will send a demand letter to the defendant or their insurance company. It will explain the extent of the injuries, the intent to recover damages, information on why the person is liable, and an outline of the compensation request.
2. Filing a claim for damages
If the demand letter is ignored, the attorney will follow up with a claim for damages which will be filed with the court. It will be based on evidence the lawyer has found and it will present a compelling legal argument as to why you should be compensated. The defendant will be legally obligated to respond to the claim.
3. Discovery phase
Once the claim has been filed, and the defendant has answered, the case will move on to the discovery phase. During this stage, both parties will gather evidence, examine each other’s evidence, and review witness testimony.
4. Negotiating a settlement
The next step will be to negotiate a settlement. Most legal cases can be settled out of court as it is usually less expensive and time consuming for everyone involved. Your attorney will help argue your case, so you get fair compensation.
5. Taking the case to trial
If a settlement can’t be reached, the case will go to court. The jury will determine who wins the case and what compensation will be required.
Contact Trey Harrell Auto Accident and Personal Injury Attorney in Charleston
Trey Harrell Auto Accident and Personal Injury Attorney is a Charleston lawyer who operates on a contingency fee basis and prioritizes your health and compensation as you recover from your accident.
Our firm has extensive experience in South Carolina personal injury law. We will fight relentlessly to make sure you get the compensation you need. Let our caring, personable approach to your case be the difference to getting you results.
You have a limited amount of time to file a personal injury claim in South Carolina. Get help for a personal injury today. Don’t delay, call Trey!