Healing from a personal injury is often time- and cost-intensive. Accident victims may require surgery, rehabilitative therapies, and follow-up appointments with doctors to make the most medical improvement. Many folks may experience long-term effects and be unable to return to their prior state of health. This devastation can have a profound impact on a person’s emotional health as well, preventing them from forming lasting relationships with loved ones.
When your injuries are caused by another person’s negligence, you deserve compensation for your losses. At Oxner & Stacy Law Firm, LLC, our Greeleyville personal injury team is committed to helping accident victims navigate the complex nature of the legal process. We understand the distress that you are facing, which is why we will advocate aggressively to obtain the damages you deserve.
Do I Have a Valid Personal Injury Claim?
The law establishes strict guidelines when it comes to financial recovery in personal injury cases. Simply being injured does not guarantee that you have a valid personal injury case. To recover damages (in other words, your losses) in a personal injury case, you must prove the following:
Duty of Care
The other party had a duty to use reasonable care in the activity they were performing. This duty extends to protecting others. If you were in a motor vehicle accident, this duty of care applies to all motorists, ensuring the safety of all road users.
Breach of Duty
The other party failed to uphold their duty of care. This breach could be through an act or omission. In a motor vehicle accident, the other driver may breach their duty of care by failing to yield to oncoming traffic.
Causation
You must establish the link between your injuries and the wrongful party’s actions. This can be the most difficult element to prove but could be as simple as the wrongful party failing to yield and T-boning your vehicle, causing you severe back and neck injuries.
Damages
As a result of your accident or injury, you suffered measurable losses.
Damages in a Personal Injury Case
In a personal injury matter, damages are often emotional, physical, and financial losses that are incurred due to an accident or injury. Our justice system awards accident victims damages to make individuals “whole” again. In a motor vehicle accident, the majority of economic damages (losses that have a direct financial component) are related to lost wages and medical expenses. Medical costs will vary but often include the cost of the ambulance ride and evaluation by an ER doctor, as well as surgeries, prescriptions, and mobility aids.
In addition to economic damages, you may recover compensation for intangible losses, known as non-economic damages. In a car accident case, these often entail pain and suffering, infliction of emotional distress, loss of consortium, humiliation, and post-traumatic stress disorder (PTSD). Although these damages are considered more elusive, they do impact a person’s ability to live a full life. Recovering these damages can be more challenging, making it essential that you hire an experienced personal injury attorney.
Greeleyville Personal Injury Lawyers Providing Compassionate Counsel
At Oxner & Stacy Law Firm, LLC, we know that the process of recuperating from an accident or injury can be frustrating. Just when it seems that you have made progress, you may experience a setback that causes you to lose faith in the process. We believe that you deserve to keep focused on your physical recovery, with our legal team handling your financial recovery.
When you work with our Greeleyville personal injury lawyers, you pay nothing unless you win. If you are interested in learning more or discussing your matter with a member of our legal team, we can be reached online or by calling (843) 983-2352 today.