Personal Injury Law Topics 101: How Can Surasky Law Help You?
Surasky Law provides legal representation to men, women, and children injured in accidents. Our firm believes that our clients participate meaningfully when they understand the legal process and a rough idea of the legal doctrines in play. To that end, we provide the following articles to help clients and the general public understand the full dimensions of personal injury law, as well as how to find the best lawyer for your case.
Personal Injury Law Common Questions
Personal injury claims seek compensation when a negligent defendant injures a victim. Many accident victims have no idea whether they even have a legitimate legal claim, and they don’t know how to choose the best personal injury lawyer from the thousands with a shingle in South Carolina. Please review the following articles for an overview of key concepts.
· Personal Injury Law: What is the Eggshell Rule? Some accident victims are especially vulnerable to injury—think of a person with osteoporosis who fractures five ribs in a low-speed car crash. Many defendants claim these victims are “eggshell” plaintiffs who don’t deserve compensation.
· How Many Personal Injury Law Cases Actually Go to Court? The vast majority of personal injury cases settle—about 90% according to recent studies. There are advantages to settling, including faster access to compensation and less stress. But settling isn’t always possible.
· Personal Injury Law Myths & Facts. The internet is awash with misinformation regarding personal injury law. For example, did you know that the vehicle which struck another car is not always at fault? We correct the factual record in this article exposing the most common personal injury myths.
· Emotional Distress: Is This a Personal Injury Law Case? Emotional distress can take its toll on a person’s well-being. Under well-established South Carolina law, an accident victim can receive damages to make up for emotional distress when there is an accompanying physical injury. When a victim isn’t touched, however, they can bring an emotional distress claim in only certain situations.
· 7 Common Types of Personal Injury Cases. Personal injury cases run the gamut from motor vehicle collisions to accidents on property, including slip and falls, to medical malpractice claims. Most personal injury cases revolve around whether the defendant was negligent.
· Top 12 Personal Injury Lawyer FAQs. Before hiring a lawyer, accident victims should meet for a free consultation where they can explain their accident and ask probing questions of the attorney. Find out which questions are best, and how to evaluate the attorney’s answers to find the correct personal injury attorney for you.
· How to Hire a Personal Injury Lawyer: and If You Should. The right personal injury attorney should have sufficient experience in the field, especially the type of accident that injured you. There are many benefits to hiring an attorney for your case—and real disadvantages if you try to handle a claim on your own. Find out more.
· What is Culpable Negligence? At base, negligence is carelessness—the failure to use reasonable care. However, some negligence is so extreme that it might be considered willful or wanton. In a South Carolina personal injury case, victims can seek punitive damages when the defendant has been so egregiously negligent.
. Settling With Insurers Versus Filing A Personal Injury Lawsuit. Accidents can happen in a variety of ways, leaving you suffering serious personal injuries. When another person’s negligent actions are to blame, you have a right to hold them accountable for the expenses you incur as a result.
. Qualities To Look For In The Best Personal Injury Attorney In Aiken. You have only one chance to get compensation in a personal injury claim. Finding the best personal injury attorney in Aiken is a top priority, as it could directly influence the outcome of your case and the amount you receive in any settlements or court judgments.
. What is strict product liability? In certain, unique circumstances, the claim can be brought under the theory of strict liability. This is an important type of claim, as it does not require the plaintiff to show that the defendant acted intentionally or negligently. This can potentially increase the chances of recovery.
. How to File a Personal Injury Law Claim? Here’s some basic information on how to file a personal injury claim effectively.
. What is Negligent Homicide? The death of a loved one is always hard. For family members and friends, the grief they experience is devastating. It is particularly difficult when it happens in an untimely manner and due to the negligent actions of others involved.
. What is Contributory Negligence? Before 1991, a victim in South Carolina who was even 1% at fault for an accident was barred from bringing a lawsuit for compensation. This was the contributory negligence defense—and it was as severe as it sounds.
Personal Injury Case Issues
Personal injury claims are not as streamlined as many of us would like. Our legal team fields all sorts of questions from the public on issues that are important to them, such as the following.
· Can Child Support Be Cut from a Personal Injury Settlement? The state can take many actions against people who are behind on child support payments. One step is putting a lien on your property, including a personal injury settlement. Find out whether South Carolina can take this step.
· Can I Claim Personal Injury if It Was My Fault? South Carolina’s comparative negligence laws prohibit a claim if you were more at fault than the defendant. In other words, you cannot be more than 50% responsible. Find out how to minimize your liability and maximize your compensation at the same time.
· How Long Does a Dental Negligence Claim Take? We review the typical timeline of a dental negligence suit. Many factors determine how long your case will take, but in our experience, they can last up to two years. We review what you need to know and how you can speed up your claim.
. What Percentage do Lawyers Take for Personal Injury? Most personal injury lawyers work on contingency, which means they accept a percentage of any settlement without charging legal fees upfront. Both the lawyer and client negotiate the percentage. Our article walks you through what’s a typical number.
· What Happens after a Deposition in a Personal Injury Case? Depositions are a key part of the discovery process in litigation. They involve answering questions under oath with a court reporter recording your answers. After the deposition, your attorney should review the transcript and move toward negotiating a settlement with the other side.
Personal Injury Law Accidents
The moments following an accident are stressful, and many victims report feeling disorientated. But the steps you take immediately following a crash can significantly strengthen your legal claim. Find out what you should do.
· 10 Things to Do if You’re in a Motorbike Accident. Immediately begin building a case for compensation for a motorbike accident by taking pictures and speaking to witnesses. These steps don’t guarantee compensation, but they increase the likelihood of a favorable outcome in your case.
· Are You at Fault in a Hydroplane Related Car Accident? Vehicle hydroplaning occurs when water builds up under the tires, essentially turning the vehicle into a surfboard that can spin out of control. Some motorists will be responsible for a hydroplane accident.
· 8 Things to Ask the Witness of Your Car Accident. Witnesses can provide critical evidence in a car accident case, allowing us to reconstruct what happened so we can apportion fault between the drivers. Following a wreck, talk to witnesses and request key pieces of information from them to share with your attorney.
· What Compensation Can You Receive after a Car Accident? Compensation in South Carolina should make accident victims “whole.” Essentially, our clients should not suffer financial losses when someone else is to blame for the crash. Compensation is available for medical bills, lost income or wages, property damage, and pain and suffering. If the motorist was drunk or recklessly disregarded your safety, we might seek punitive damages as well. Find out what factors can also limit your compensation.
· Is Negligent Driving a Crime? Negligent driving can sometimes be a crime, such as when a person is driving too fast because they are not paying attention. However, most criminal conduct in South Carolina requires that a driver be reckless. Regardless, negligent driving is a tort, and anyone injured can bring a lawsuit.
· Is Negligence Covered by Insurance? Most car accident victims receive compensation from an insurance policy. The good news is that insurance can kick in if the policyholder injures someone negligently. Find out more about how to negotiate with an insurance provider following a wreck.
. Hit and Run Accidents In Aiken, SC. When the reckless driving behaviors of others are to blame, you have the right to hold them accountable for costs you incur as a result. Unfortunately, it is not uncommon for at-fault drivers to flee the scene.
. Safety Tips To Reduce The Risk Of Bicycle Accidents In Aiken. Bicycling is more than just a fun hobby, or a way to stay fit. It provides a primary means of transportation for many people. Unfortunately, the amount of traffic on local roads and reckless behavior on the part of drivers can end up putting bicyclists at risk.
. What Can a Pedestrian Do in An Accident? South Carolina, pedestrian accidents are on the rise. So far this year, 61 people have lost their lives in South Carolina as victims of pedestrian accidents. Find out what you can do.
. Drunk Driving Claims. Even having one or two drinks prior to getting behind the wheel can put you and other drivers on the road at risk. When a drunk driving accident happens to you or a loved one, holding the driver accountable is a top priority.
Medical Personal Injury
· Personal Injury Symptoms: When To Get Medical Care Immediately. Symptoms of potentially debilitating conditions may be subtle at first, but they can cause long-term damage, impacting your ability to work or engage in other activities while leaving you to face a mountain of medical expenses.
. What Is The Difference Between Medical Negligence and Malpractice? Generally referred to as negligence, the recklessness of others is at the heart of most insurance claims and personal injury lawsuits filed in South Carolina. When a doctor, hospital, or other medical provider is negligent in providing for your care, it is referred to as medical malpractice.
. Can I Sue My Doctor for Negligence? Medical professionals owe a duty of care to their patients, and doctors can breach this duty when they fail to show proper professionalism and skill. Learn more about what that means and what steps you must take to bring a claim for medical negligence against your doctor.
. Can I Sue A Hospital For Negligence? While medical providers are only human, mistakes and errors they make have serious impacts on patients. According to a study from Johns Hopkins Medicine, medical malpractice and negligence has increased in recent years and is now one of the leading causes of death in the United States.
. Can You Sue a Pharmacy for Negligence? Prescription drug errors can be deadly. In fact, at least 7,000 people die each year from prescription mistakes. A pharmacy can commit negligence when it fails to follow the doctor’s prescription or neglects to check for allergies or negative interactions with other drugs.
Personal Injury in Business
Businesses are responsible for many accidents and injuries, but most people have no idea they can sue them if they are liable. At Surasky Law, we fully examine each case to determine who is the correct party to bring a claim against. This way, we increase the chances that our clients will receive favorable compensation in a settlement or lawsuit.
· What is Negligent Hiring? Businesses should carefully review an applicant’s background before extending an offer of employment. Reasonable care typically includes checking references and pulling a criminal background check. Unfortunately, some businesses hire dangerous employees because they do not perform their due diligence, and innocent victims are injured as a result.
· How to Reply to a Query Letter for Negligence of Duty. An attorney walks you through the steps of responding, including information you should never admit.
· Is Negligence Discharge a Crime? It is illegal to discharge a firearm near a dwelling or motor vehicle. Crimes are often also “torts” which give a victim the right to monetary compensation. If someone is struck, then the victim can certainly bring a lawsuit for compensation, even for wrongful death if a loved one has passed.
Who Can You Sue?
Many clients are injured but unsure if they can bring a claim against a person or entity. We cover some of the more common situations in the following articles.
· Can I Sue My HOA for Negligence? An HOA retains responsibility for common areas as well as some of the grounds in the community. If a defect injures a resident, then they could bring a claim for negligence and seek monetary compensation. Find out what you will need to prove to ultimately be successful in your lawsuit against an HOA and what common defenses they might raise.
· 7 Ways to Prove Landlord Negligence. Landlords have a legal obligation to keep their property reasonably safe for their tenants. Both private and commercial landlords can breach this duty by acting negligently, and we provide the steps to take to collect evidence of negligent conduct.
· How to Sue a City for Negligence and If You Should. The government is a major employer in South Carolina. The government also owns many pieces of property, including governmental offices, schools, and roads. If you were injured by a negligent city employee, or if a hazard on public land injured you, then you can sue for compensation. But you need to follow the process explained in this article—otherwise, you could forfeit your right to hold the city accountable.
· Can I Sue My Real Estate Agent for Negligence? Real estate agents are fiduciaries, which means they owe their clients duties of care and loyalty. They also must use the amount of reasonable care that another real estate agent in similar circumstances would. A lawsuit for real estate agent negligence can compensate when defects are not disclosed or you pay too much for the property.
· Can You Sue a School for Negligence? Schools are supposed to keep our children safe. A school has a duty to fix hazards on the premises and immediately respond to threatening behavior from students and staff. Parents can sue a negligent school when a child is injured, but we explain why it is difficult and why an attorney is a must.
· How to Sue a Mechanic for Negligence and Why You’d Need To. Shoddy car repairs endanger all of us on the road. A negligent mechanic might fail to properly diagnose a problem with a car or perform subpar work. When mechanics fail to do their jobs, cars crash into innocent victims and suing them might be your only means of obtaining compensation.
. Personal Injury on Vacation. Whether your trip involved traveling to other states or enjoying regional attractions, things may not have gone according to plan. Vacation accidents are a common cause of personal injuries.
. How Do I Sue a Company for Negligence? Motor vehicle accidents are just one example of negligence. It can also occur due to the reckless actions of a company, who is then held liable in a lawsuit for the medical expenses, lost wages, and other costs you incur.
. Can I Sue My Employer For Negligence? In cases where an employer’s negligence is responsible, you have the right to hold them accountable. Find out how you can sue your employer and the compensation you may be entitled to in this type of claim.
. Can I Sue Workers Comp? Workers’ compensation benefits are available regardless of who was at fault for your injury or illness. In the event your employer was negligent, you may be entitled to file a lawsuit against them instead.
Have a Question? Contact Surasky Law Today
Based on our experience, far too many accident victims simply decide that they will not bring a lawsuit and suffer financial hardship as a result. Please contact our law firm immediately to better understand your legal rights. Our Aiken, SC personal injury lawyer will be happy to meet for a free, confidential consultation at a convenient day and time. Call us today.