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. What is the difference between filing an insurance claim or a personal injury lawsuit in Aiken? Depending on the circumstances, a lawsuit can entitle you to greater amounts of compensation.

The Role Negligence Plays In Personal Injuries

The Centers for Disease Control and Prevention (CDC) reports that personal injuries send close to 40 million people to hospital emergency rooms each year. Among the most common causes include:


Motor vehicle accidents, involving drivers, passengers, motorcyclists, bicyclists, or pedestrians;

Premises liability accidents, such as slips and falls or getting struck by objects;

Sports and recreational accidents, such as boating or swimming accidents and injuries that happen while engaged in or watching team activities;

Accidents caused by dangerous or defective products, which often impact children, as well as adults.


All of the above frequently happen due to another’s negligence. Negligence refers to taking actions that put others at risk or not taking actions that could have prevented personal injuries. This includes reckless driving behaviors, failing to clean up spills on floors or warn customers, and failing to provide proper safety equipment or follow state regulations.

Holding Others Liable For Personal Injuries In Aiken

Under the South Carolina Code, others can be held liable for damages you suffer as a result of their negligence, even in cases where you are partially to blame. In many cases, the at-fault party has liability insurance in place. You have the right to file a claim against their policy. However, as insurance companies are for-profit businesses it is not uncommon for them to deny claims and any amounts you do receive in a settlement will be limited by the amount of coverage they have in place.


If your claim is denied or insurance fails to cover your total costs, your best course of action may be to file a lawsuit against those involved. Compensation you may be entitled to in a personal injury lawsuit in Aiken includes:


Economic damages, which cover current and future medical costs and lost wages;

Non-economic damages, which cover the pain, suffering, and mental anguish your personal injuries result in;

Punitive damages, which is an additional amount we can push for if the at-fault party was grossly negligent. Examples include driving with a high blood alcohol content (BAC) level or willfully violating safety regulations. Punitive damages are not available in an insurance claim and can total up to three times the amount of other compensation or $500,000, whichever is greater.

Discuss Your Options With Our Aiken Personal Injury Attorney

Personal injuries can impact your health and finances for years into the future. To get the maximum amount of compensation in your claim, discuss your options with the Surasky Law Firm before accepting any settlements. Call or contact our Aiken personal injury attorney online to request a consultation today.




Featured Posts
Recent Posts