A Guide to navigate through personal injury law in the town of Myrtle Beach.
An accident may occur at any time, and cause unplanned financial hardships, physical pain and emotional distress. No matter if it’s a wreck on U.S. 501 or an accident at a neighborhood resort or any injury that might occur during the Summerlin hike, it’s important to know how to protect your rights. In many ways, a Personal Injury Attorney in Myrtle Beach can be a tremendous asset to you, offering clarity and consistent direction during what can often be confusing aspects of South Carolina injury law, all while you prioritize your recovery.
It’s a very stressful time after an accident. Medical expenses start to add up, time off of work affects family income, adjusters from the insurance company are calling for statements. Information about what you can do during this difficult period can be of critical importance in helping to make decisions that foster your ongoing health and healing.
Understanding Personal Injury Law in South Carolina
The law concerning personal injury is based around the term “neglect”. Basically, a person or organization that does not act reasonably and this recklessness is directly to another party leads to damages then it is possible to be held legally responsible.
South Carolina has established certain procedures for dealing with these claims:
Modified Comparative Negligence: “The 51% bar” is followed in South Carolina. This means you could get the damages still even if you weren’t at fault. But the amount of your total damages will be diminished by the fault percentage. If, for example, the court comes to the conclusion that you were 10% responsible for the accident, then you’ll not receive the full amount of your claim.
Statute of Limitations: There is a specific timeline, within this state, for filing a formal lawsuit for most personal injuries – typically 3 years from the day of the accident. Failure to do so will in most cases waive your legal right to pursue a claim through court action.
There are two types of compensation that injury victims can seek: economic damages (medical expenses, rehabilitation costs and lost wages) and non-economic damages (physical pain, emotional injuries, loss of enjoyment of life).
Common injury lawsuits in the Myrtle Beach Region
Due to the significant number of personal injury attorneys in Myrtle beach, the city faces a host of personal injury cases as it is a place of both business and tourism. In a country where the population is extremely heterogeneous and adherent to tourism as a lifestyle, any season is a high season and with the roads crammed with tourists in a coastal road journey it obviously increases the chances of all types of accidents and problems.
Motor Vehicle Accidents
Heavy traffic on roads such as Business RT 17, Carolina Bays Parkway and Kings Highway often results in accidents. These can be anything from a banging tail-light through to more serious multi-motor accident collisions involving distracted driving, speeding, or driving while intoxicated, or drunk.
Premises Liability and Slip and Falls
Owners of property, hotel owners, and the business owners are legally duty bound to make their properties reasonably safe to guests/patrons. Tourist spots that have high traffic might be victims of slip and fall problems that arise because of bad lighting and slippery surfaces without any prior warning.
Motorcycle and Pedestrian Accidents
There are many accidents that involve motorcycles and pedestrians. In good weather, motorcyclists and pedestrians come down to the beach. Motorcycle and pedestrian accidents result in serious harm.
What To Do & A Step By Step Guide After An Accident
What you do in the minutes, days and weeks after an unexpected injury can very well affect your health and the viability of a potential legal action. It is important to take a systematic approach to ensure protection of evidence and safeguarding of physical recovery.
Before anything else, see a healthcare professional. There may also be an adrenaline rush, and many injuries, including those that cause whiplash or internal bleeding or concussions, may not become apparent immediately.
Official Documentation: Contact local Police/Emergency services to have an official accident report prepared. This report tells of what actually occurred and what contributed to this accident.
Take pictures of the damage to the vehicle, vehicle damage, injuries to people, and hazards involved (if applicable) in the accident. Collect witness information such as their name and contact details.
Have an organized chart: Store all medical records, prescription slips, hospital receipts, diagnosis and insurance information. On a daily basis record days that were missed because of your physical limitations.
Conclusion
Suffering a personal injury can create a huge disruption to daily life with physical and monetary stressors. Though the legal journey can seem complex, having a basic knowledge of the concepts behind personal injury enables one to take informed decisions regarding their recovery. An insurance company or formal legal process will determine who gets what and how much, but it is often best to have an attorney represent the person on those matters they are not as familiar with, so that the injured party can concentrate on his or her own health and permanent recovery.
Legal Disclaimer: Please note that the material contained in this article contains general information only and is not legal advice. This agreement is not intended to form an attorney-client relationship when discussing the material herein. For personalized legal help or counsel, contact an actual seasoned, licensed legal representative in your jurisdiction.