ESPANOLWhen a person suffers damages as a result of someone else’s negligence, there’s a pressing question that often comes to mind: “Do I have a valid claim for personal injury?” If you’ve been injured and you’re wondering what you should do, the experienced attorneys at George Sink, P.A. Injury Lawyers can help you determine if you have a claim worth pursuing.
Unfortunately, simply enduring an injury doesn’t automatically mean you have a justified claim. To determine the grounds for a personal injury claim in Georgia and the Carolinas, it’s important to demonstrate that the responsible party (or parties) had a duty of care towards you, breached this duty, directly caused your injuries, and that those injuries led to financial losses and impaired your quality of life.
At George Sink, P.A. Injury Lawyers, we have reputable lawyers for personal injury, and we offer free, no-obligation case reviews to carefully assess your unique situation. Our lawyers have an in-depth understanding of state and federal personal injury laws, enabling them to help you decide if you can rightfully pursue a claim to seek maximum compensation.
What Types of Cases Could Qualify As a Personal Injury Claim?
Valid personal injury claims can arise from various types of accidents and situations that cause injury to a person’s body, mental and emotional health, reputation, or overall quality of life.
The types of personal injury cases that often involve harm to the body, include:
- Car accidents
- Workplace accidents
- Defective products
- Mass torts
- Nursing home abuse
- Physical assault
- Medical malpractice or being prescribed dangerous drugs
You may also have a valid claim for personal injury involving situations that don’t result in bodily harm, including:
- Defamation
- False arrest or detainment
- Intentional infliction of emotional distress (IIED)
- Malicious prosecution
- Breach of privacy
How to Determine the Eligibility of a Personal Injury Claim
It can be a complicated process to determine the eligibility of a personal injury claim. An experienced attorney will need to gather substantial evidence to help support your claim while considering various factors like the severity of your injuries, insurance coverage, the applicable statute of limitations (discussed more below), and much more.
Sometimes negotiations to settle a personal injury claim fall through, and you have the option to pursue a personal injury lawsuit. If a lawsuit is necessary, we will fiercely represent you in court to seek the compensation and justice you deserve.
When establishing the eligibility of your case, it will be important to prove that the responsible party or parties:
- 1. Had a duty to exercise reasonable care towards you.
- 2. Breached that duty of care through intentional or unintentional negligence.
- 3. That negligence caused your physical injuries.
- 4. Those injuries resulted in financial losses and/or loss of quality of life.
The specific bases from which a personal injury case can be pursued typically fall under:
- Negligence – this is what is most commonly used as a basis for personal injury claims. Essentially, your attorney will help you prove that the accused party breached their duty to act as a “reasonable person” in avoiding actions that could cause harm to others.
- Strict Liability – this holds the accused responsible for causing harm to another regardless of their intent or mental state when the action was committed. This could apply to a manufacturer being held responsible for a defective product, whether they were aware of the harmful defect or not.
- Intentional Wrongdoing – these acts are intentional and are often the kinds of cases where victims are rewarded with punitive damages to prevent others from committing similar actions in the future.
How Might Claims for Personal Injury Be Handled Differently by Region?
Depending on where your accident occurred, there will be different laws that govern how you pursue your personal injury claim. At George Sink, P.A. Injury Lawyers, we have attorneys who are knowledgeable about the personal injury laws in South Carolina, North Carolina, and Georgia. It’s important to understand how the location of your accident affects the eligibility of your personal injury claim.
One critical aspect to keep in mind is the specific Statute of Limitations (SoL) for each state which sets time limits to file personal injury claims after an accident has occurred. Letting this window of opportunity to file a claim pass can prevent you from being able to pursue a personal injury case. The SoL varies for each state and depending on the specifics of your accident, so it’s crucial to reach out to an experienced personal injury attorney to discuss how these statutes may impact your claim.
When it comes to determining who is responsible for your injuries and how that will affect your claim, here are two other important laws to consider in Georgia and the Carolinas:
South Carolina & Georgia
Both of these states operate under a modified comparative fault law. This means that you will not receive full compensation if you are partially responsible for the accident. The amount you are eligible to seek will be reduced based on your percentage of blame, up to 50%. If you are found to be more than 50% responsible for the accident, then receiving compensation becomes much more difficult.
North Carolina
North Carolina follows a more strict law called contributory negligence. This law states that if you are found to be even 1% at fault for the accident, receiving compensation is extremely difficult. The defending party has the burden of providing proof that you were at all at fault for the accident, which is why it is crucial for you to be represented by a skilled attorney.
How Do I Contact Injury Attorneys Near Me?
To better understand if you have a valid claim for personal injury, it’s best that you contact a trusted attorney near you as soon as possible so they can review your case. If you’ve been injured in Georgia or the Carolinas and think you may have a personal injury case, contact George Sink, P.A. Injury Lawyers today for a free, no-obligation case review.
We’ve won compensation for over 50,000 clients, and we work on a contingency fee basis – meaning we only get paid if we win your case. We’ll work tirelessly to protect your interests and seek the compensation you deserve. Rest assured, your case will be in the best hands at George Sink, P.A. Injury Lawyers. We’ll help provide you with peace of mind so you can focus more on healing.