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Charleston is home to over 156,600 residents, with over seven million tourists visiting the area every year. Unfortunately, residents and visitors sustain injuries in various kinds of accidents daily, and some accidents claim lives.
If someone else’s negligence causes your injury, you may qualify to seek compensation. Whether you live in Charleston or elsewhere, a Charleston personal injury lawyer from Trey Harrell Auto Accident and Personal Injury Attorney can help.
Why Choose Trey Harrell as Your Charleston Personal Injury Lawyer?
Handling a personal injury claim alone is challenging. You need to focus on recovering from your injuries and not fighting with reluctant insurance companies to pay you the maximum compensation you deserve.
An experienced attorney provides many benefits. We can:
- Offer information and provide legal advice
- Perform case-related administrative tasks
- Investigate your accident, gathering evidence to support your claim
- Handle all communications with insurance companies on your behalf
- Negotiate a favorable settlement offer or take your case to trial
Did you know that people who hire a Charleston personal injury attorney typically receive a substantially higher payout than those who handle their cases on their own? We understand how personal injury claims work, including the applicable laws, filing deadlines, and insurance company tactics.
We will advocate for your right to reasonable compensation and work hard to get the results you need, keeping you informed every step of the way.
What Kinds of Personal Injury Cases Do We Handle?
Injuries from an accident caused by someone else’s negligence can leave you facing extensive medical treatment. If your recovery requires an extended time away from work, your bills will mount while you don’t have any income, creating potential financial difficulties.
Your accident and injuries can also have long-lasting impacts on your quality of life. A personal injury claim can reimburse you for your financial losses and compensate you for other damages by holding the at-fault party accountable. Your Charleston personal injury lawyer can help you obtain a favorable outcome.
Car accidents
Greenville and Charleston Counties top the lists of SC counties with the most traffic collisions, and they are also in the top five for fatal and injury-producing collisions. While fault is clear in some car crashes, others require an investigation.
Poorly maintained roads or malfunctioning traffic lights sometimes contribute to car accidents. In these cases, you can include the government agency responsible for maintenance in your personal injury claim. This type of claim has shorter filing deadlines and stricter procedures than most other personal injury cases. Contact our personal injury lawyers in Charleston as soon as possible after your accident to ensure you don’t miss your chance to file a claim.
Truck accidents
Large truck accidents often produce catastrophic injuries. These trucks can weigh up to 80,000 pounds when fully loaded, creating a tremendous impact force when they collide with passenger vehicles. Truck accidents are complex because there are multiple potentially liable parties.
Motorcycle accidents
Bikers have minimal protection when they are in a collision, often resulting in more serious or life-threatening injuries. Insurance companies don’t like paying high damages, so motorcycle accident claimants can benefit from your Charleston personal injury lawyer’s negotiating experience.
Pedestrian accidents
Pedestrians don’t have any protection when vehicles hit them. Sadly, even low-speed impacts can produce catastrophic injuries and pedestrian fatalities. You need to hold the person who hit you accountable.
Wrongful death
When the injuries sustained in an accident caused by someone else’s negligence lead to death, eligible survivors can file a wrongful death claim. Generally speaking, if the elements of a personal injury case would have applied had the person lived, you may receive compensation for medical and funeral expenses and other losses. Ask Trey Harrell if your situation qualifies.
Workers’ compensation
Laws require employers to maintain workers’ compensation insurance. These policies should pay certain expenses if you experience a work-related injury or illness, but workers’ comp claims can be challenging to handle on your own. Insurers may blame your injury on another cause or downplay its severity, hoping to deny your benefits.
Medical malpractice
Healthcare professionals must adhere to high standards to provide the right kinds of treatment for their patients. You may be eligible to file a medical malpractice claim in cases of misdiagnosis, delayed treatment, medication errors, birth injuries, and surgical errors, among others. Your Charleston personal injury lawyer can evaluate your situation to determine if you have a valid claim.
Slip and fall accidents
Property owners and managers should keep their properties safe for visitors and guests. If a hazardous condition causes you to slip and fall, you may be able to hold the responsible party accountable. Premises liability cases like these are tricky because you must prove that the party knew or should have known about the hazard but failed to address it.
Dog bites
If a dog attacks or bites you, South Carolina’s strict liability laws allow you to seek compensation from the dog’s owner. These injuries can leave scars and cause serious infections. The trauma often leads to anxiety, PTSD, and a life-long fear of dogs. You deserve compensation, and Charleston personal injury lawyer Trey Harrell can help you get it.
Catastrophic injuries
Catastrophic injuries are those that take months or years to heal; sometimes, the damage is permanent. Traumatic brain injuries, spinal cord damage, and severe burns are common examples of such injuries.
What Are the Elements of a Personal Injury Case?
Negligence is the legal basis for most personal injury claims. It refers to someone acting differently than a reasonable person would in the same situation, and that behavior leading to injury. To prove negligence, you will need evidence that shows:
- Someone owed you a duty of care.
- That party breached their duty of care.
- You sustained injuries.
- The breach was directly responsible for your injuries and related damages.
Your personal injury lawyer in Charleston will investigate your accident and gather the appropriate evidence to hold the negligent party responsible.
What Damages Are Available in a Personal Injury Claim?
Your accident and injuries are unique, and the level of compensation you can receive depends on your specific circumstances. Your Charleston personal injury lawyer will evaluate your case and tell you how much it’s worth.
Economic damages
These damages reimburse you for accident-related expenses, such as:
- Medical bills
- Lost wages
- Replacement services
- Property damage
Keep your bills and receipts to use as proof. In some cases, you may qualify to receive compensation for future medical bills and lost wages. Your attorney will tell you if you’re eligible.
Non-economic damages
Accidents and injuries can have negative impacts on your quality of life. Non-economic injuries compensate you for such things as:
- Pain and suffering
- Anxiety, depression, and PTSD
- Loss of ability to enjoy life
- Damage to personal relationships
Insurance companies don’t like paying non-economic damages and may challenge your claim.
Punitive damages
In rare cases, a defendant’s extreme disregard for your safety may warrant punitive damages. These are designed to further punish the guilty party.
Damage caps
Although damage caps in South Carolina may change yearly, there is never a cap on economic losses. The only damage cap for non-economic losses is with medical malpractice claims. The cap for punitive damages is three times the amount of economic and non-economic damages combined.
Personal Injury FAQs
Who do I file a lawsuit against?
In some personal injury cases, there is a clearly identified guilty party. However, your Charleston personal injury lawyer may need to investigate your accident to determine why it happened and who caused it.
Should I file a claim or a lawsuit?
If you know why your accident happened, filing an insurance claim is the first step. Your attorney can often settle these claims without going to court, but a claim can progress to a lawsuit if needed.
In some cases, filing a lawsuit is the better alternative, particularly if you’re unsure about the cause of your accident or the liable insurance company refuses to cooperate with negotiations. When you go to court, a judge or jury will decide whether you receive compensation and how much that compensation will be.
Your attorney will discuss both options with you and help you decide.
What if I’m partially responsible for causing my accident?
In South Carolina, the modified comparative negligence laws allow you to seek compensation from other guilty parties as long as you are less than 50% responsible. However, expect to see a reduction in your compensation amounts.
Insurance companies often try to place an unjustified percentage of blame on you to get out of paying claims. Your lawyer will ensure that your degree of blame is fair.
Contact Our Charleston Injury Law Firm
We recommend contacting Trey Harrell Auto Accident and Personal Injury Attorney as soon as possible after your accident. This allows your legal team to gather evidence while it’s still fresh and have time to build your case before the applicable statute of limitations expires.
Work with a Charleston personal injury lawyer you can trust. Contact us today to request your free consultation. Call us at 843-636-TREY (8739), reach out via live chat, or submit our online consultation request form. We look forward to serving you.
