Many accidents that happen are preventable were it not for the negligence of another. Victims may struggle financially, physically and mentally for some time or for the rest of their lives. If you or someone you care about has been harmed in an accident, you may be eligible to pursue compensation.
Free Consultation. Ph: 1-844-RESULTS
Our firm has helped numerous clients recover compensation for their injuries and other damages. This includes a recovery of $3.35 million on behalf of a victim in a premises liability case. Founder Eric Roden made the Super Lawyers Rising Stars List for 2020-2021.
Request a free consultation with a Charleston personal injury attorney to get started. There is no risk in contacting us and setting up a meeting and no obligation to hire us if we determine you have a case. We only receive payment if we successfully help you obtain compensation through a settlement or verdict.
We are ready to take your call at 1-844-RESULTS.
How Do I Know I Am Eligible to File a Case?
Personal injury cases often arise from the following situations:
- Auto accidents
- Slip and falls
- Truck accidents
- Dog bites
- Motorcycle crashes
- Medical malpractice
- Work-related accidents
- Nursing home abuse
- Construction accidents
- Defective products
Generally, our attorneys must be able to prove your injury was the direct result of negligence, which is a four-part legal theory:
A Duty of Care Was Owed
The other side owed you a duty of care to prevent you and others from suffering harm. For instance, a driver is responsible for obeying all traffic laws while sharing the roadway. A doctor is obligated to follow through with appropriate medical care and treatment once a doctor-patient relationship has been established.
The Duty of Care Was Breached
The other side breached this legal duty by failing to act as a reasonable person would have under similar circumstances. For instance, a driver breached his or her duty of care by driving while drowsy, distracted or under the influence of drugs or alcohol. A doctor may have breached his or her duty by failing to diagnose an illness that was treatable at an earlier stage.
Causal Link Between Breach and Injury
The other side’s breach of duty of care is directly connected to the injuries you sustained. For instance, had the property owner not failed in his or her legal duty to warn of any potential or known hazards on the property while you were visiting, you would not have otherwise been harmed.
You Suffered Damages Caused by Injury
The injuries sustained from the other side’s breach caused you to suffer damages. For instance, this could include medical bills for emergency services or hospital stays or other out-of-pocket expenses for treatments.
Roden Law. Free Consultation. Ph: 1-844-RESULTS.
How Much is My Personal Injury Case Worth?
If you are thinking about filing a case, you may have questions regarding the value of your potential case. Our legal team cannot give a clear answer until we assess several factors that are unique to you, such as your type of injuries, medical treatments required and expected recovery time.
Personal injury victims may be able to recover the following forms of compensation:
- Medical expenses (past, current and future)
- Prescription medications
- Travel costs to and from doctor visits
- Rehabilitation and physical therapy
- Medical assistive devices (wheelchairs and crutches)
- Loss of wages from being unable to return to work
- Loss of future earning capacity from being unable to work at all
- Pain and suffering (physical and mental)
- Emotional distress, including anxiety, depression and fear
Our Charleston personal injury lawyers are prepared to pursue maximum compensation for you, should you have a valid case. We know what it takes to build a strong case for compensation.
What If I Am Partially to Blame for My Injury?
You may still be able to recover damages in accordance with the South Carolina’s comparative negligence law. The amount of damages awarded will simply be reduced according to your percentage of fault.
For instance, if the jury finds that you are 40 percent to blame for the accident and any injuries and you are awarded $120,000, your compensation award will be reduced by 40 percent or $48,000. You would be left with $72,000.
However, in South Carolina, you cannot be more than 50 percent at fault. In other words, you cannot be more at fault for the accident than the party you are seeking compensation from. If you are 51 percent to blame, you are barred from recovering any compensation, no matter how severe your injuries.
Advantages of Seeking Legal Representation
Most personal injury victims do not realize that seeking legal help from a lawyer may improve their chances of recovering compensation. Those who hire attorneys often recover more compensation than those who do not.
Attorneys also know how to protect claims from insurance companies. The last thing you want while trying to recover from an accident is to have the insurance company take advantage of you. Their goal is to save themselves money, which means paying out as little as possible, even if that means devaluing or altogether denying a valid claim.
At Roden Law, we have a whole team of accident investigators, paralegals and support staff who are prepared to help you throughout the entire legal process. We know how to conduct investigations, gather evidence, obtain witness statements, and use medical experts to help link the accident to your injury.
We are also ready to negotiate for a fair settlement with the insurance company or go to trial, if it is required. Contact our offices at 1-844-RESULTS to schedule a free consultation or fill out our free online form for a callback.
Deadlines for Taking Legal Action
South Carolina follows a statute of limitations, which limits the amount of time in which to file a claim. Failure to file within the designed time frame will likely result in a court dismissal of your case.
Most personal injury cases must be filed within three years from the date of the accident. This includes cases involving injuries caused by auto, truck and motorcycle accidents, dog bites, slip and falls as well as injuries due to medical malpractice.
There are exceptions that exist that shorten or extend the filing deadline. For example, minors have until one year after their 18th birthday to file a civil lawsuit. There is also an exception if the at-fault party leaves the state for one year or more. The statute of limitations is paused while the at-fault party is out of state.
It is important to review your case with a licensed Charleston personal injury lawyer to determine how much time there is to file. The clock may already be running so it is important to contact an attorney as soon as possible.
Questions about the legal process? Call Roden Law at 1-844-RESULTS for assistance.
Dealing with Insurance Companies
As stated before, the insurance company is only looking out for their bottom line. They will do whatever it takes to limit their own liability and minimize the amount of compensation they offer. Insurance company representatives try to manipulate accident victims by taking advantage of their lack of knowledge of the legal process and their rights.
Our legal team is well-versed in the tactics used by insurance companies to make you appear less credible. This could include trying to get a recorded statement from you get you to admit fault, ask you to sign over your medical records to dispute your injury, or offering to settle the claim quickly so that you do not realize that you are being paid less than your claim may be worth.
We recommend reaching out to an attorney before signing or agreeing to anything. Unlike the insurance company, we have you best interests in mind and are ready to protect your rights every step of the way.
How You Can Help Build a Strong Case
The things you do after an accident can help make or break your potential legal claim. Some of these things also help protect your well-being in the process. Below are a few steps after an accident:
Obtain Medical Care
Seek immediate medical care so that the doctor can document the extent of your injuries and provide an appropriate treatment plan to follow. Even if you do not feel that your injuries are serious, it is important that you get checked out by a health care provider anyway. Some injuries may not be visible for days or weeks. This includes traumatic brain injuries that can worsen over time and become permanent without care.
Report the Accident
Be sure to contact the local authorities after an accident. A responding officer will be able to file a report after investigating the scene and asking you and anyone else involved questions about what happened and form his or her own opinions on the matter. A police report may prove helpful as you pursue compensation.
Gather as much evidence as you can, if you are physically able to do so. Use your cellphone to capture the accident scene, any visible injuries, property damage, and anything else relevant. Obtain the names and contact information from everyone involved, including those who may have witnessed the accident.
Speak with Charleston Personal Injury Lawyer Today
A licensed lawyer from Roden Law is ready to help determine if you may have a valid case. You may be eligible to seek compensation for medical bills, lost wages, and pain and suffering.
Our firm has represented many personal injury victims, and we have recovered millions in compensation on their behalf. Review our testimonials page to learn more about what our past clients had to say about our services.
Our initial consultations are free of charge with no risks or obligations involved. If we represent you, there are no upfront legal fees. You only pay us if we are successful in helping you obtain compensation.
Our Charleston office is located at 127 King Street, Suite 200, just a couple blocks from historic Rainbow Row, and the U.S. District Court for South Carolina.