Most of us will be unlucky enough to experience a personal injury at some point during our lives. These events can result in severe physical damage as well as intense emotional trauma and significant financial losses. In many instances, these losses result from another person’s breach of the standard of care. Even so, you will always bear the burden of proving fault for an injury and demonstrating how that event has impacted you.
A Kingstree personal injury lawyer may be able to help you demonstrate these vital concepts and seek out the compensation you deserve. Contact our team of qualified and proactive attorneys at Whetstone Perkins & Fulda today to schedule an initial consultation to find out how you could put our skillset to use.
Determining Fault for a Personal Injury
Every accident that occurs is someone’s fault. However, the law will never presume that another party was to blame just because a person suffered an injury. An injured individual must first prove liability to collect compensation for their losses.
The most common way to accomplish this is to show that another party breached the standard of care. This means that they had an obligation not to act in a manner that would cause direct or indirect harm and that their failure to meet this requirement was the direct source of an injury or illness. This standard concept applies to most personal injury cases in Kingstree, including:
- Car, truck, or motorcycle collisions
- Incidents involving bike riders or pedestrians
- Injuries that occur while visiting another’s property
- Defective product cases
- Incidents of medical malpractice
- Wrongful death cases
A detailed Kingstree personal injury attorney could further explain the concept of negligence and the lead in gathering the evidence needed to show that another party was responsible for a damaging event.
Seeking Compensation with a Personal Injury Claim
The purpose of any personal injury claim or lawsuit is to collect the compensation needed to make things right. This requires affected individuals to show how the event has changed their lives and connect their losses to the at-fault party’s negligence. A dedicated Kingstree attorney with experience handling personal injury claims could gather this information and form demand packages that leave no doubt as to the effects of the event on a person’s life.
This often includes pursuing compensation for the costs of all necessary medical care, the emotional impact of the injury on a person’s well-being, and reimbursement for wage losses if the damage has kept a person out of work.
What if a Defendant Raises Allegations of Shared Fault?
At-fault entities or individuals often allege that an injured person shares some or all the blame for the event. This could result in a reduction in compensation or even a total dismissal of a claim.
Pursuant to South Carolina Code § 15-1-300, courts must evaluate the actions of all people involved in an accident and distribute blame accordingly. If this percentage rises to 51 percent or more for the injured, that person cannot collect compensation for their losses.
Speak with a Kingstree Personal Injury Attorney Following an Accident
Personal injuries are traumatic events that have the potential to change every part of your life. A skilled Kingstree personal injury lawyer could work to understand how an incident has affected your life and gather the evidence needed to show that the at-fault party was responsible for your injuries. Contact the office of Whetstone Perkins & Fulda today to learn more about pursuing the compensation you need to recover properly.