Filing a Personal Injury Claim
If you’ve been hurt or injured in an accident due to the negligent actions of another person, place, or company, or have been injured as the result of a product or service, you’re probably dealing with medical bills and ongoing expenses as the result of your injury. You may have had to miss work as the result of being hurt, and your injury may be serious enough to prevent you from returning to work or being able to perform adequately on the job for a period of time after your injury. Your ability to enjoy the things that once mattered to you may be diminished, and you may experience ongoing pain and discomfort, both physically as well as emotionally. Injuries due to accidents and the negligent conduct can result in severe financial hardship, and in order to move forward after their injuries, it’s important for victims to be compensated for their damages.
Filing a Personal Injury Lawsuit
If you’ve been injured or hurt in an accident caused by someone else or as the result of a defective product or action, you will likely be put in touch with an insurance company in order to file a claim. When dealing with insurance companies, it’s important to remember that they are not looking out for your best interests. An insurance carrier’s primary concern will be saving itself money. Regardless of the circumstances, it’s always wise to consult with an attorney prior to making any kind of statements or accepting any claim offer from an insurance company. Oftentimes, the insurance company will offer far less than what your claim is actually worth.
It is at this point that you may want to consider filing a personal injury claim or lawsuit. Under the South Carolina Code of Laws, a person injured as the result of another party’s negligent actions may be entitled to receive compensation. The types of compensation available in a personal injury lawsuit include:
- Economic damages, such as lost income, lost wages, and damages to property
- Non-economic damages, including pain and suffering, mental anguish, loss of quality or enjoyment of life, and loss of future wages
Steps to Filing A Personal Injury Lawsuit
First, you should speak with a qualified attorney. You want to make sure your injury is carefully documented, through your own testimony, any eyewitnesses to the accident, and by medical records and statements from the attending physician where you were treated. The process for filing a personal injury lawsuit includes:
- Filing a summons and complaint in the appropriate court. The complaint will outline what happened to you, who was at fault, and the damages you are seeking. The summons will put the at fault party on notice that a lawsuit has been filed against them.
- Serving the summons and complaint on the at-fault party or their attorney. This can be done either by sheriff or by certified mail, depending on the circumstances.
Once the summons and complaint have been filed and served, the other party will have 30 days to respond to the complaint. There is the process of discovery; by which each party will exchange whatever evidence they have with the opposing party. You will likely be scheduled to have your case heard by a mediator to see if an agreement can be reached. If not, your case will move forward in preparing for trial before a judge.
Contact an Experienced South Carolina Personal Injury Attorneys
If you or a loved one has been injured or hurt due to the negligent actions of another party, contact Anastopoulo Law Firm. Our experienced South Carolina personal injury attorneys will fight to protect your best interests, and will help you to receive the compensation you deserve. With offices in Charleston and throughout South Carolina, we can begin working on your case immediately. Give our firm a call today and arrange a free consultation.