Do I Have a Personal Injury Case?

Unintentional injuries resulted in 224,935 deaths, 44,686 of which were from falls, in 2021. More than eight million people ended up in hospital emergency rooms across the U.S. due to falls. In South Carolina, 257,682 older adults experienced falls in 2020. If you become injured on someone else’s property, you may wonder, “Do I have a personal injury case?” At the Jordan Law Center, we can answer this question.

How Do I Know if I Have a Personal Injury Case or Not?

In South Carolina, 30.21 people file a personal injury case per 100,000 residents, resulting in 36% of all the state’s civil cases. This rate exceeds 217% of the national average and is the third highest in the nation. With the courts hearing so many cases, you must ask, “Do I have a personal injury case?”

Negligence is at the heart of valid personal injury cases. Everyone who owns property or businesses has a specific duty of care. The responsibility is that they have to protect those who enter their land. If the person does not uphold this duty of care, they are negligent. Then, if something happens on their property and you become injured, you have a case.

What Are the Three Basic Requirements for a Personal Injury Claim?

Before suing for injury, you must be sure your case meets three basic requirements for a valid personal injury claim.

First, the negligent person or business needed to owe you a duty. Everyone has specific duties they need to meet to protect themselves and those around them. If you drive, you must obey traffic laws for the safety of everyone on the road.

In addition, individuals and businesses are responsible for protecting others on their properties, such as providing sufficient lighting, maintaining clear and safe parking lots and walkways, and notifying people of slipper or wet surfaces.

The second requirement to help you answer the question, “Do I have a personal injury case?” violates their duty of care. The person or business needs to have knowingly avoided their responsibility. These actions need to put you and others in danger. You do not have to prove that others have received injuries due to this negligence.

Finally, you need to show that your injury directly results from someone else’s negligence. You need to prove you would not have become injured if the action or inaction had not occurred. Photos of the incident scene, your medical records and witness testimonies can provide some proof.

What Is the Statute of Limitations on Personal Injury Claims in South Carolina?

Every state has a statute of limitations on personal injury claims. In South Carolina, that limit is three years for these actions. You have exactly three years to file your claim from the day you received your injury. You cannot pursue legal action if you miss the statute of limitations deadline. Even if you have received an injury and have answered the question, “Do I have a personal injury case?” if you file a case after the statute of limitations has run out, the defense will likely request a dismissal, and a judge will grant it.

Several exemptions or extensions exist. If you do not realize you received an injury right away, the clock starts ticking as soon as you recognize an injury occurred. For example, if you get exposed to chemicals or asbestos, you may not experience health consequences for years. If you slip and fall, you may not realize internal damage immediately. However, the clock starts when you receive medical diagnoses and care.

Suing the government has a shorter statute of limitations. However, if you were a minor when the incident occurred, you may have three years from the date you become a legal adult to file your claim. In many cases, you have a maximum of six years from the initial treatment or incident date to file your claim, even if you don’t know about your injury immediately.

When Should I File an Injury Lawsuit?

After you have answered the question, do I have a personal injury case, you need to consider when to file your lawsuit. You should immediately file a claim with the responsible party’s insurance company. Sometimes, these companies will pay your medical and additional compensation, such as lost wages, retraining or other incidentals.

However, insurance companies are for-profit institutions, so they may not pay you everything you need to recover.

Do I Have To Hire a Personal Injury Lawyer To File a Lawsuit in South Carolina?

You do not need a personal injury attorney to file a lawsuit in South Carolina. However, gathering evidence that proves negligence can be complicated. In addition, our experienced attorneys understand what it takes to build a strong case. If you have a case, we can identify weaknesses in your case and help you strengthen them. We can also negotiate with the insurance company to get you a settlement that covers your financial needs.

Is Suing for Injury in South Carolina Right for You?

After you have asked, “Do I have a personal injury case?” and learned that you do, you need to choose whether or not you want to file a case. Look for a few key signs that a lawsuit may be necessary.

• The negligent party will not tell you about their insurance carrier, so you cannot file a claim.
• The negligent party does not carry enough insurance to cover your injury costs.
• The insurance company delays or denies your claims.
• The insurance company will make you a settlement offer.
• You don’t know how to recover the rest of the money you need

If you experience any of these conditions, you can file a personal injury lawsuit. However, you should avoid accepting settlements from the insurance company if you plan to file because the courts may not allow you to pursue a personal injury case. Coercion, fraud, and bad faith may be exceptions.

Ready To Consult With a Personal Injury Lawyer? Contact Us

Our attorneys at Jordan Law Center can help answer your question: Do I have a personal injury case? We can give you a free consultation or case review to determine whether it is worth pursuing a lawsuit. Our attorneys are adept at working with insurance companies and willing to go to trial. Contact us for a free consultation.