Common personal injury claims we handle include:
- Motor vehicle accidents: Our firm represents clients injured in car, truck, motorcycle, and pedestrian accidents. From rollover accidents to head-on collisions, we can work diligently to recover the maximum compensation you deserve.
- Product liability: If you or a loved one was injured by a dangerous or defective product, we can help you seek justice by filing a product liability claim against the negligent manufacturer, supplier, or company.
- Slip-and-fall accidents: From unmarked wet floors to negligent security to loose carpets or cables, we have a reputation for holding careless property owners accountable in premises liability claims.
- Wrongful death claims: Our attorneys pursue justice and closure for grieving families in wrongful death lawsuits. If you lost a loved one due to negligence, we can aggressively seek justice while you focus on celebrating your loved one’s life and legacy.
Do I Have a Personal Injury Claim?
Merely suffering an injury in an accident isn’t enough to recover damages in a personal injury case. To successfully recover compensation, the victim (plaintiff) is responsible for meeting the standard of proof by proving four key elements.
These include:
- Duty of care: First, you must prove that the defendant owed you a duty of care, such as obeying traffic regulations or warning patrons of known hazards at a place of business.
- Breach of duty: Next, you must show that the defendant breached their duty by acting negligently, such as driving at excessive speeds or
- Causation: Then, you must establish a direct cause between the defendant’s negligence and your injuries.
- Damages: Lastly, you must prove that you suffered compensatory harm (damages) as a result of the breach.
Understanding the Burden of Proof in Personal Injury Claims
In South Carolina, the plaintiff is responsible for proving liability “by a preponderance of the evidence.” In other words, you must establish that the defendant’s negligence “more likely than not” caused your injuries. Partnering with a trusted lawyer is critical to identifying liable parties and meeting the standard of proof in your claim. Fortunately, our firm has decades of experience to guide your legal steps wisely during this challenging time, freeing you to focus on healing.
Recoverable Damages in Personal Injury Cases
Depending on the unique circumstances of the accident, various types of compensation may be available in a personal injury lawsuit.
Some potentially recoverable damages include:
- Economic damages: These cover direct financial losses, such as medical expenses, ongoing and future treatment costs, lost earnings and earning capacity, and vehicular damage.
- Non-economic damages: These cover indirect losses that aren’t monetarily quantifiable, such as pain and suffering, loss of consortium, emotional distress, loss of enjoyment of life, and scarring and disfigurement.
Are Punitive Damages Available in Personal Injury Claims?
It depends. In rare cases involving extreme and willful behavior by the defendant, the court may also award punitive damages to punish liable parties and deter recurring behavior in the future. Seeking legal counsel is imperative to accurately calculate damages in your claim and maximize the amount of compensation available to you.
Do I Need to Hire a Personal Injury Lawyer?
Wrongful injuries can inflict enormous physical, emotional, and financial stress on victims and their loved ones. While it may be tempting to cut costs by waiving your right to legal representation, partnering with a knowledgeable personal injury lawyer can mean the difference between recovering full compensation and walking away with less than you deserve.
Your attorney can improve your chance of obtaining a favorable outcome by:
- Investigating the accident: Your lawyer can conduct a thorough assessment of the accident to gather evidence and identify all possible liable parties.
- Filing a claim: Navigating the claims process is notoriously complex, especially without an in-depth understanding of South Carolina law. Your attorney can help you file your claim correctly and on time to maintain your eligibility for compensation.
- Building a strong case: A skilled lawyer can utilize their professional network to fortify your claim with evidence, such as obtaining police reports, medical records, expert statements, witness testimonies, and other relevant documentation.
- Proving liability: Establishing liability is one of the trickiest parts of any personal injury claim. A personal injury lawyer can apply their vast legal knowledge to help you meet the standard of proof in your case by holding negligent parties accountable.
- Negotiating a fair settlement: Insurers have a reputation for evading just payouts by pushing lowball settlement offers. Your attorney can vigorously protect your rights and negotiate a fair settlement that covers all your injuries, including future medical care related to the accident.
- Representing you at trial: Your lawyer can represent your best interests at trial if necessary to achieve a fair outcome. At Smith Born Leventis Taylor & Vega, LLC, we never shy away from litigation if that’s what it takes to recover maximum compensation for our clients.
I Was Injured in a Car Accident on David H. McLeod Blvd. What Should I Do?
Unexpected accidents can leave victims in pain and unsure of where to turn. Knowing your rights after a wrongful injury is paramount to seeking justice in a personal injury claim.
If you were injured in a motorcycle accident on David H. McLeod Blvd, here are some important steps to take:
- Seek medical attention: Regardless of the severity of your injuries, it’s important to prioritize your health by seeking prompt medical care. By visiting a trusted provider, you can rule out any underlying harm and establish formal documentation of your injuries to support your claim later on.
- Report the accident: Report the accident to local law enforcement if no one else has already done so. Requesting a copy of the official police report can also provide valuable evidence to strengthen your case in the future.
- Collect contact information: Exchange contact and insurance information with the at-fault driver and other involved parties at the scene, including any witnesses who saw the accident occur.
- Gather evidence: If possible, document the accident scene by taking photos or videos of your injuries, vehicular damage, skid marks, nearby landmarks, and other relevant details that may be beneficial to your claim.
- Consult an experienced personal injury attorney: Securing legal representation from a qualified lawyer is essential to navigating the claims process efficiently and pursuing maximum compensation. Your lawyer can collaborate closely with you to investigate the accident, identify liable parties, and seek a fair settlement.
I Tripped on a Loose Floorboard at the Palmetto Peddlers Antiques Mall. Who Is Liable?
While the Palmetto Peddlers Antiques Mall is popular for its small-town charm and unique antique selection, its location in a refurbished factory can put shoppers at risk of serious injuries. If you tripped over loose flooring, you may be eligible to recover compensation in a premises liability claim if the property owner’s negligence caused the accident, such as failing to post adequate signage or warn customers about damaged or uneven flooring.
At Smith Born Leventis Taylor & Vega, LLC, our attorneys are well-versed in the legal intricacies of slip-and-fall cases to strengthen your claim and hold the business or owner accountable for failing to maintain safe premises for customers. If you’re recovering from a wrongful injury at the mall, don’t wait to seek justice. Contact our firm to get started with a free case evaluation and learn how our advocates can support you during your recovery.
Turn to a Personal Injury Firm with Proven Results
At Smith Born Leventis Taylor & Vega, LLC, our attorneys have recovered millions of dollars in settlements for the wrongfully injured in Upstate South Carolina, giving you peace of mind that your case is in experienced hands. With a proven track record of results and a reputation for providing client-centric counsel in life’s toughest seasons, you can trust our compassionate advocates to give your case the time and personalized attention it deserves while passionately protecting your rights from start to finish.
If you were harmed by someone else’s negligence in Florence, our firm can tirelessly pursue justice. Call (803) 599-2207 to schedule a free consultation.
