Personal Injury Lawyer In Charleston

Personal Injury Lawyer In Charleston

Personal Injury Lawyer In Charleston – When it comes to serving as a Charleston accident attorney, the attorneys at Auger & Auger Accident and Injury have over 50 years of combined trial experience protecting the rights of injury victims. Charleston’s laws mandate that citizens, business owners, and even government agencies owe each other certain things. For example, all vehicles on public roads must obey national safety laws, and drivers must be sure to use caution when it comes to passing others. The state of South Carolina allows you to file a lawsuit against another person, company, or government agency if their actions or omissions harm you. Whether your case is resolved through settlement or in court, having the right attorneys on your side can make all the difference.

Some of the most common human injuries in Charleston include traumatic brain injury (TBI), spinal cord injuries, and whiplash. The compensation you receive depends on the severity of your injuries. The personal injury attorneys at Auger & Auger in Charleston will pursue a “make you whole” claim. You need money to pay medical bills, lost wages or reduced earning capacity, pain and suffering, and emotional distress.

Personal Injury Lawyer In Charleston

Our Charleston personal injury attorney will file a lawsuit against the responsible defendant, whether it’s a third party, company, or government agency. Sometimes your lawyer will need to know who that person is, as it may not be immediately obvious. In some cases, there may be more than one person responsible.

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When your accident case involves the death of the victim, wrongful death compensation can be paid to surviving family members. If you have lost a spouse, the damages may include “loss of spouse” compensation.

Personal injury cases are usually negotiated satisfactorily by agreement between the defendant, their insurers, and the legal representatives of the opposing parties. In some cases, mediation or conciliation is the next step in taking the case to court. In fact, compulsory settlement is sometimes used in some civil cases.

If your Charleston personal injury attorney hesitates to go to court to fight for your rights against large insurance companies or high-profile defendants, you can be sure that our firm will not hesitate. to do so.

In order to collect damages against your claim, you must show certain things at the court hearing. As we have already mentioned, not all personal injury claims are settled in court. Many stayed outside the court. However, if there is enough evidence in your favor, the other party or their insurance company may be willing to negotiate a fair settlement. We will always try to negotiate a settlement as most customers would prefer to avoid the time, stress and expense of a lawsuit if possible.

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Often, the defendant (the party you are suing) chooses to leave court for similar reasons. However, sometimes they are reluctant to agree on adequate compensation. When this happens, we are prepared to pursue damages in litigation.

How your attorney goes about proving the above points will depend on the specifics of your case, but here are some of the legal facts that may come up and what they mean:

Causation essentially means that your injuries or damages would not have occurred without the defendant’s actions. For example, if the other driver had not turned on your car, you would not have suffered a neck injury and severe pain. Or if the doctor had not left a surgical instrument in your body, you would not have months of excruciating pain and permanent nerve damage.

Legal causation means that it should have been foreseeable or foreseeable that an accident like yours would have been caused by the defendant’s actions. For example, if you are texting and driving, you may miss something and crash into another car, injuring someone in the car. On the other hand, if you are driving carefully, but your brakes suddenly fail without warning, causing you to collide with another vehicle, it is probably not something that can be predicted.

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This is a legal concept that can save you and your attorney some time proving that the defendant owed you a duty of care and breached it. These facts are still required but are presumed to be true in some cases where the accused is found guilty if:

It often occurs in cases of drunk driving or vehicular homicide. There are laws against drunk or reckless driving, designed to keep the public safe, and they clearly define what is not allowed. For example, it is illegal to drive with a blood alcohol content (BAC) of 0.08 or higher. So, if the driver who hit you has been convicted of driving under the influence or related offenses, your attorney can use negligence to prove the first two points.

Does that mean you don’t have a case if the other person is not convicted? Of course not. Don’t care about it

The method of packing two parts of the mess, but it is not the only way. It also helps to understand that testifying in criminal court is more difficult than proving negligence in civil court. A criminal court requires a jury to find a defendant guilty “beyond a reasonable doubt.” The trial court simply asks the jury to determine whether the defendant has a greater likelihood of negligence “by testifying.” In many cases, prosecutors have successfully pursued personal injury cases against people who have not been convicted of any crime.

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This is a common way that insurance companies or other parties can avoid financial responsibility for your injuries. South Carolina is a “modified fault” state for personal injury claims. In many cases, more than one person was involved in the events that caused the accident or injury. Comparative fault studies are intended to determine to some extent who is at fault. If you are not 50 percent responsible, you can claim damages from the party that is more than 50 percent at fault. Your award will be reduced by the percentage of your fault, so even if the other party is not at fault be able to prove that it is you.

This is one of the reasons why we recommend not giving a statement to any insurance company before you have had the opportunity to seek legal advice. Insurance company representatives often ask questions that are designed to confuse or confuse you. They do this in the hope that you will say something that they can assume is your fault in some way. Don’t take the bait. tell the insurance company you can’t talk to you right now and hang up. Then contact us for a free consultation.

Under South Carolina law, with some exceptions, there is a three-year statute of limitations for personal injury claims from the time you were injured or the time you knew or should have knowing that you are injured. If you were in a car accident or other situation where it was obvious that you were injured, you have three years from the date of the accident. But if your doctor performed surgery and left a surgical sponge in your body, it could be years before you find out why you’re always in pain. You now have three years from when the sponge was last found to file a claim.

Many people want to start the compensation process and want to start their claim before the specified limits, but in some cases the injured person may not be aware of their rights and options. It may take time for an attorney to gather evidence and build a case in your favor. For these reasons, we recommend that any injured party consult with a personal injury attorney as soon as possible.

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First, you should see a health care provider to document your injuries and receive treatment. Even if you don’t think you’re injured, seeing a doctor is a good way to make sure the problem isn’t worse than it seems. In many cases, the injured person may feel fine or think their injuries are minor. But sometimes they may start to have more pain or the symptoms get worse after a few hours or days. If this happens to you and you don’t see a health care provider as soon as you start having symptoms or feel worse. It is important to avoid potentially difficult problems that you may encounter.

Once you have determined your medical treatment, consider the evidence you may have about your risk. Make a list of all potential witnesses and collect emails. letter or document related to the event. In most accidents, we recommend taking photos at the scene if possible (sometimes this is not possible due to your injuries). If you don’t have photos, consider any sources of photos or videos, such as security or traffic cameras, where the incident occurred. (You don’t have to contact anyone, just talk

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