Personal Injury or Tort Law
How Do You Seek Compensation for Personal Injury?
“Personal Injury” refers to the area of law that governs the financially compensation for any harm that was suffered due to another’s negligent behavior or through the use of defective products. Ideally, personal injury law will help make an injured person “whole” again, at least as much as can be accomplished through a monetary award.
Do You Qualify for Compensation?
The first step to qualify for compensation is proving that harm has occurred and that another person (or company) caused that harm through negligence or intent.
The plaintiffs (or, in this case, the injury lawyers) must also prove the extend of the damage, whether that involves physical pain and suffering or financial damages.
To be more specific, the law will consider certain types of damages as personal injury. These include (but are not limited to):
- Pain and suffering
- Mental anguish
- Loss of earnings and future earnings
- Medical expenses (now and in the future)
- Loss of companionship
- Household expenses
Establishing Your Case
The personal injury laws in both North and South Carolina require to plaintiff to establish the defendant’s duty of care in order to show negligence. They must also be able to show a breach of that duty and a link from the breach to the injuries or damages that were suffered.
South Carolina also follows the doctrine of modified comparative negligence. This, in effect, means that if the defendants can show that the plaintiff was at least partially responsible for the injuries, the amount of the compensation can be reduced.
If you are found to have been at least 50% at fault, you may not be able to recover any compensation, but you will still be eligible if you are found to be anything less than that.
North Carolina, on the other hand, is currently one of the very few states in the nation that applies the theory of “contributory negligence.” This concept holds that a person whose own negligence contributed (however slightly) to his or her injury will not be allowed to recover anything from another person, even though that other person’s negligence may have been the overwhelming factor in causing clearly-proven harm.
While some costs can be established with a fair amount of certainty, other amounts are open to interpretation: for example, how does one place a monetary value on the permanent disfigurement of a face, or evaluate how much money a student would have earned in the workforce if not for a brain injury suffered, perhaps, in a car accident?
Don’t Wait to Seek Compensation for Personal Injury
There are limits, called “statutes of limitations,” that define the time in which an injured person can seek compensation. On top of that, the more time that passes, the more difficult it becomes to gather the evidence to support your claim.
Don’t wait to get this started.
At Lee Law Offices, we represent people injured in North and South Carolina. We can start working on your case immediately. Contact us today and find out what a personal injury attorney can do for you.