What Is a Personal Injury Claim, and Do You Have One?

If you have been injured due to the negligence of another person, you may have a personal injury claim. These claims are designed to help victims recover compensation for damages caused by accidents or wrongful actions. Understanding whether you have a claim and what it entails can be the first step toward protecting your rights and securing fair compensation.

Understanding Personal Injury Claims

A personal injury claim arises when someone suffers harm due to another person’s negligence, recklessness, or intentional actions. The most common types of personal injury claims include:

• Car Accidents: Collisions caused by negligent driving, such as speeding, distracted driving, or drunk driving.
• Slip and Fall Accidents: Injuries resulting from unsafe property conditions, such as wet floors or uneven sidewalks.
• Medical Malpractice: Harm caused by a healthcare provider’s failure to meet the standard of care.
• Defective Products: Injuries resulting from unsafe or poorly designed consumer products.

To determine if you have a personal injury claim, consider whether another party’s actions directly caused your injuries. Consulting an experienced attorney can help clarify the strength of your case.

Elements of a Personal Injury Claim

For a successful personal injury claim, the following elements must be established:

1. Duty of Care: The defendant owed you a duty to act reasonably to prevent harm (e.g., drivers must follow traffic laws).
2. Breach of Duty: The defendant failed to uphold their duty through negligence or intentional actions.
3. Causation: The breach of duty directly caused your injury.
4. Damages: You suffered measurable harm, such as medical expenses, lost wages, or emotional distress.

If these elements are present, you may be entitled to compensation.

Why You Should Act Quickly

In South Carolina, personal injury claims are subject to a statute of limitations, which is typically three years from the date of the injury. Waiting too long to file your claim can result in the loss of your right to seek compensation. Acting quickly also helps preserve crucial evidence, such as:

• Photographs of the accident scene.
• Witness statements.
• Medical records.

Prompt legal action ensures you have the best chance of a successful outcome.

Why Choose Taylor Anderson as Your Personal Injury Attorney

Taylor Anderson has over 20 years of legal experience and focuses on representing individuals with serious personal injuries. As a Martindale-Hubbell Preeminent Lawyer (2021-2023) and Client Champion Gold Award winner (2023), Taylor is recognized for his exceptional dedication to client advocacy.

Taylor’s extensive background includes litigating personal injury cases in both state and federal courts in South Carolina and Georgia. His experience working for an insurance defense law firm provides unique insights into how insurance companies evaluate claims, giving his clients a strategic advantage.

Frequently Asked Questions | Personal Injury Claims

What types of compensation can I recover in a personal injury claim?

You may recover compensation for:

• Medical expenses, including hospital bills and physical therapy.
• Lost wages or diminished earning capacity.
• Pain and suffering.
• Emotional distress.
• Property damage (e.g., vehicle repairs).

How do I know if I have a valid personal injury claim?

To determine if you have a claim, consult an experienced attorney. Key indicators include proof of negligence, documented injuries, and measurable damages such as medical bills or lost income.

What if I was partially at fault for the accident?

South Carolina follows a modified comparative negligence system, which allows you to recover compensation as long as your fault does not exceed 50 percent. However, your compensation will be reduced by your percentage of fault.

How long does a personal injury case take?

The duration of a case depends on factors such as the complexity of the claim, the severity of injuries, and whether the case goes to trial. Many cases settle within a few months, but others may take longer if litigation is necessary.

What does it cost to hire a personal injury lawyer?

The Taylor Anderson Law Firm handles personal injury cases on a contingency fee basis, meaning you do not pay anything upfront. The firm is only paid if your case results in a recovery.

Schedule a Free Consultation with Taylor Anderson

If you believe you have a personal injury claim, do not wait to seek legal assistance. Taylor Anderson, a Charleston-based personal injury attorney with over 20 years of experience, is ready to evaluate your case and guide you through the legal process.

Taylor’s expertise, combined with his personalized approach to client representation, ensures you receive the advocacy and results you deserve. Contact the Taylor Anderson Law Firm today to schedule a free consultation and take the first step toward justice.

Posted on behalf of Taylor Anderson Law Firm