Personal Injury Attorneys in Blythewood, SC
Whether you’ve suffered a broken bone, spinal cord damage, or another type of injury, the medical bills are probably already starting to pile up. On top of that, you may be out of work for days, weeks, or even months before you heal. How are you supposed to provide for your family when you are recovering from an unanticipated injury?
Depending on the circumstances of your injury, you may be entitled to compensation. A personal injury claim can help you receive damages when someone else’s negligence has led to your injuries. If you think you may have a valid claim against a negligent or reckless person or company, let us help. Call Peake & Fowler at 803-788-4370 to schedule a consultation now.
How a Personal Injury Claim Can Help You After an Accident
Accidents are expensive. Even minor accidents can leave you with thousands of dollars in property damage and medical bills. Unless you can recover that money from a liable party, you are on the hook for it. When you consider the fact that many accident victims spend weeks out of work, it’s easy to see how an accident can put a family in financial distress.
A personal injury claim allows you to seek compensation through the civil court system. It’s different than the criminal court system because the burden of proof is lower. You do not have to prove beyond every reasonable doubt that the other party caused your injuries. You simply have to prove that it is more likely than not that they are liable for your injuries.
This refers to the burden of proof in court. However, most personal injury claims never make it to court. With a strong attorney representing you, you can feel confident that your claim will most likely be settled out of court. This limits the amount of time and mental energy you spend on your personal injury claim and allows you to receive your compensation more quickly.
In your claim, you can ask for compensation for a wide range of losses. Common categories include:
- Medical bills
- Lost wages
- Future medical expenses for serious or lifelong injuries
- Future lost income if your ability to work is negatively affected
- Property damage
- Pain and suffering
- Mental anguish
- Loss of consortium
Types of Personal Injury Claims
The civil court system allows you to seek compensation injuries resulting from many types of accidents. Common types of personal injury claims include:
- Car, truck, and motorcycle accidents
- Pedestrian accidents
- Bike accidents
- Defective products
- Third party workplace accidents
- Slip and fall injuries
- Dog bites
- Medical malpractice
The Role of Liability
Before you can recover compensation from the liable party, you must be able to prove that someone else is liable for your injuries. A successful claim requires all four of these elements:
- Another party had a duty of care to you. For example, a business owner has a duty to keep their shop as safe as possible for visitors and avoid obvious dangers. A dog owner has an obligation to keep their dog either on their property or leashed.
- The other party did not fulfill their obligation. In the first example, a business owner would fail in their obligation if they did not salt an icy walkway or maintain safe stairwells. A dog owner would fail to fulfill their obligation if they let their dog run around in public.
- This failure led to the accident that caused your injuries. You must show that the other party’s action or inaction directly caused the accident in question. For example, consider a car accident with a driver who was texting at the time of the crash. You could show that their choice to text made them inattentive to the road, causing them to swerve into your lane of traffic and hit you.
- Your injuries led to measurable damages. It’s not enough that someone act negligently. Their negligent actions must lead to measurable losses. For example, it’s not enough to prove that someone drove unsafely and put you in danger. You must prove that their actions actually caused you measurable losses. It isn’t enough if something could have happened—something must have actually
Your Injury Claim, Step by Step
After you’re involved in an accident, it’s important to move quickly if you plan on pursuing compensation. Personal injury claims follow these basic steps:
- Hire an attorney. It’s important to work with an experienced Blythewood personal injury attorney. They’ll know what it takes to hold insurance companies accountable and push for the settlement you deserve.
- Your attorney investigates your claim. Your attorney will gather evidence and look into the evidence you have already collected for them. They’ll use this to determine who is at fault for your accident. The more evidence you have available, the stronger your case will be.
- Send a demand letter. Once your personal injury lawyer in Blythewood has a good idea of how much your injury is worth, they’ll draft a demand letter and send it to the insurance company. The letter outlines how much they’re asking the insurance company to pay and their reasoning.
- Start negotiations. From there, your attorney and the other party’s insurance company will go through multiple rounds of negotiations.
- Reach a settlement or move forward with a lawsuit. Most cases are resolved during negotiations. You’ll then receive your settlement. If negotiations are unsuccessful, your attorney may file a lawsuit against the liable party.
We’ll Fight for the Compensation You Are Owed
At Peake & Fowler, we know how hard insurance companies work to avoid paying out full and fair settlements to accident victims. We’re determined to make sure you’re not one of those under-compensated victims. Through rigorous investigation of your claim and aggressive negotiations, we’ll push for the money you’re owed. Whether you are the victim of a car crash, slip and fall accident, dog bite, or another type of accident, we’re here to support you every step of the way.
Choose Peake & Fowler for Your Injury Claim in Blythewood
If you’re ready to move forward with your injury claim, we’re ready to start working on your behalf. Set up a consultation with our team now by calling us at 803-788-4370 or contacting us online.