After suffering an injury that is the result of another party’s negligence, you may experience a whirlwind of emotions that can leave you reeling from Post-traumatic stress.
On top of that, the frequent medical visits coupled with time off work can leave you struggling financially. As a result, it is only fair that you receive compensation for your damages. In South Carolina, you can file a personal injury lawsuit against the at-fault party(s) and the insurance.
That said, in this comprehensive blog, you will get actionable tips on preparing for a personal injury lawsuit and put the odds in your favor. Here is a rundown of the things you need to know
Get Treatment
Even if you feel fine, going to the doctor after a personal injury incident, be it a slip and fall incident, a car accident, medical malpractice, or product liability, is important for several reasons.
To begin with, some injuries may not manifest immediately after the incident. Your doctor will order comprehensive tests that will reveal injuries you had no idea existed. Furthermore, going to the doctor solidifies your claim since it shows you suffered severe injuries that demanded immediate medical attention.
Do Not Acknowledge Fault
In the immediate period after the accident, the adrenaline may still be running high in your system, and this may cause you to say things that may come to haunt you later on. For instance, you can make the mistake of telling the police officer that the accident was your fault.
The officer will capture this detail in their official report, and when filing your claim, the defendant may argue that the accident was your fault since you already admitted to it. So be careful what you say in the aftermath of a personal injury incident.
Talk to Your Attorney
You could file the personal injury suit yourself, but this path may be barking off the wrong tree. You see, personal injury lawyers exist for a reason. They understand the inner workings of the law and can benefit from your suit.
As such, you should call your attorney immediately after the incident. And if you do not have access to a personal injury lawyer, it’s time to begin the search. You can ask for recommendations from your acquaintances or even use online referral services.
Keep off Social Media
After an accident, you may want to update your Facebook community or Instagram followers about your injury. This is a bad idea. Anything you say about the injury is giving the defense ammunition to poke holes in your case.
For instance, you may do something that contradicts the facts of the case. The defense attorney may use this as an avenue to claim that you are dishonest and change the facts of the case.
Gather Evidence
Evidence is a foundational pillar of any case in the US, whether criminal or civil. In a personal injury case, the burden of proof is upon you, the plaintiff. So start by gathering pictorial and video evidence of the scene of the incident. If there are any witnesses involved, be sure to get their details.
“Once you visit the doctor, document everything. Keep records of the receipts, appointments, prescriptions, and other related documents. You should also keep a journal detailing how the injury affects your life and the recovery process,” says personal injury attorney Charles W. Whetstone, Jr. of Whetstone Perkins & Fulda.
Know When To Settle
In South Carolina, the majority of personal injury cases are settled out of court. A qualified South Carolina personal injury attorney will estimate the amount of compensation you are entitled to and negotiate with the insurance company on your behalf.
They will advise you when it is best to settle and whether taking the case to court is ideal. Remember, in open court, the judge will decide how much compensation you are entitled to. It may be higher or lower than what the insurance agents proposed.
Conclusion
While the path to personal injury compensation can be difficult, it doesn’t have to be if you follow the right steps. The most important step of all is to enlist the service of a skilled South Carolina personal injury lawyer. The attorney will pursue the claim on your behalf, advising you on the best path forward, leaving you much-needed peace ro recover.
