If you’ve had an accident in the Columbia area, you might feel overwhelmed and uncertain about what to do next. Hiring a personal injury lawyer is one of the most important decisions you’ll face. While you might be hesitant about involving an attorney, there are several compelling reasons why getting legal help can be beneficial.
Understanding of Legal Processes
The legal system can be daunting if you’re unfamiliar with the procedures and laws that apply to personal injury cases. A personal injury lawyer focuses their education and training on understanding these laws, including statutes of limitations, which are laws dictating how long you have to file a claim. For instance, in South Carolina, you typically have three years from the date of the injury to file a lawsuit. Missing this deadline can stop you from pursuing compensation altogether.
However, several important exceptions to this rule can either extend or shorten this period. Understanding these exceptions is crucial, as they can substantially impact your ability to seek compensation:
- Discovery Rule: The timeframe to file a claim can be lengthened if any of your injuries are not immediately apparent. This exception is known as the “discovery rule.” This rule allows the time limitation to start from the time you discover or reasonably should have discovered your injury rather than the date it actually happened. This is especially applicable in cases of medical malpractice, where the effects of a negligent act might not be evident until much later.
- Minors: If the victim is a minor, the statute of limitations may only begin to run once they reach the age of majority, which is 18 in South Carolina. This means a minor would have until their 21st birthday to file a personal injury lawsuit in many cases. However, you must consult with a lawyer about how this affects medical malpractice cases, as different rules can apply.
- Mental Incapacity: If an individual is mentally disabled or lacks full mental capacity for some other reason at the time of the injury, the statute of limitations may not begin until the incapacity ends. This helps ensure that a reduced mental ability or capacity doesn’t unfairly deprive victims of their right to seek compensation.
- Defendant’s Absence from the State: If the defendant leaves South Carolina after causing an injury but before you’re able to file a lawsuit, the time of their absence may not count toward the time limit. This means that the clock on the statute of limitations might pause until the defendant returns to the state.
- Fraud: If the defendant has concealed their wrongdoing or misled you about the cause of their injuries, a court might extend the statute of limitations in their case. This is to prevent defendants from avoiding liability through deceit.
Each exception underscores the importance of knowledgeable and experienced legal assistance. A personal injury lawyer familiar with South Carolina laws can help explain and work through these nuances so that you can consider all the relevant factors of your case.
No Upfront Fees
Nowadays, most personal injury attorneys work on a contingency fee basis, which means you won’t pay any upfront fees. Instead, your lawyer will only receive a fee if you win your case. This strategy allows you to pursue your claim without the added financial burden of paying any legal fees upfront. It also aligns your attorney’s interests with yours – they are motivated to maximize your compensation.
Higher Compensation
Individuals who hire personal injury lawyers generally receive higher compensation than those who don’t. Lawyers are skilled in identifying and quantifying all possible damages, including:
- Future medical expenses
- Loss of earnings capacity
- Pain and suffering
- Emotional distress
With a professional understanding of how to calculate these, your attorney will help you better understand how to properly evaluate your claim in its totality and keep you from settling for less than you deserve.
Dealing with Insurance Companies
Put simply, insurance companies are in the business of making money, not paying it out. They routinely offer low settlements quickly after an accident to minimize their costs. A personal injury lawyer knows how to negotiate with these companies and can prevent you from taking a settlement offer that’s too low. They’ll handle all communications and negotiations, representing your best interests throughout the process.
Stress Reduction
Successfully managing the physical and emotional wreckage of your accident can be one of life’s most extremely stressful chores. By hiring a personal injury lawyer, you can alleviate a lot of this stress. Your attorney will handle the legal details and hurdles, allowing you to focus on your recovery. Knowing that a professional is advocating for your rights can provide you with significant peace of mind.
Access to Resources
Personal injury lawyers have access to networks of investigators and medical professionals who can strengthen your case. These people can:
- Reconstruct the accident scene
- Gather evidence
- Consult medical experts to testify about the extent of your injuries
This access to resources is crucial for building a solid case, especially when fault and the extent of injuries and financial damages are in dispute.
Court Representation
If your case goes to court, having a personal injury lawyer becomes even more critical. Your attorney will know how to present your case effectively to a jury, arguing for your right to compensation. They will manage all aspects of the trial, from filing the proper motions to handling witness testimonies, ensuring your case is as strong as possible.
Hiring a personal injury lawyer can make a significant difference in the outcome of your case. Not only can they help ensure you receive fair compensation, but they can also handle the legal burdens while you concentrate on healing.
Let Goings Law Firm, LLC Help You
If you’ve suffered personal injury in the Columbia area and feel unsure about your next steps, the team of professionals at Goings Law Firm, LLC are here to help. Reach out to set up a free consultation where we can start building your case, ensuring you recover compensation for all of your injuries and other damages. Contact us online or by calling (803) 350-9230 today.
