If you or a loved one has been injured in an accident in Aiken, South Carolina, it’s essential to have experienced legal representation on your side. Personal injury cases can be complex, and having a knowledgeable personal injury lawyer can make all the difference when it comes to securing the compensation you deserve. Whether you’ve been involved in a car accident, or motorcycle accident, or suffered from a slip and fall, an Aiken personal injury lawyer from Hart Law is ready to fight for your rights.

At Hart Law, we understand the impact that a serious injury can have on your life. From medical bills and lost wages to physical pain and emotional suffering, a personal injury can cause significant disruption. Our team is dedicated to helping accident victims recover compensation for their losses, and we offer a free consultation to discuss your case. Call us at (803) 771-7701 today to get started.

Accidents in Aiken

Since 1980, the population of Aiken has doubled, and the area’s attractions draw large numbers of people. Visitors to Aiken State Park and the Farmers Market stream through on a regular basis, mixing with residents each day.Nobody comes to Aiken expecting to be hurt. But when they suffer an injury, they need a steady hand to guide them through the claims process. Maybe you drive in to work but live a half hour away. Don’t wait to hire a lawyer back home. Instead, look for an experienced advocate who knows the Aiken legal landscape and has many happy clients.

Types of Personal Injury Cases We Handle

Personal injury law covers a wide range of cases, and at Hart Law, we have experience handling many types of injury claims. We represent clients in various personal injury cases, including:

Car Accidents

Car accidents are among the most common causes of personal injury cases. Whether it’s a rear-end collision, a T-bone accident, or a head-on crash, motor vehicle accidents often result in serious injuries. Our team of Aiken personal injury lawyers can help victims recover compensation for medical bills, lost wages, and pain and suffering.

Truck Accidents

Truck accidents can be particularly devastating due to the size and weight of commercial vehicles. These accidents often result in catastrophic injuries and require extensive legal knowledge to determine fault and liability. Hart Law is here to help you navigate the complexities of truck accident claims.

Motorcycle Accidents

Motorcyclists are at a higher risk of serious injuries in accidents due to the lack of protection compared to other vehicles. Our injury lawyers understand the unique challenges of motorcycle accident claims and are dedicated to securing the compensation you need for recovery.

Slip and Fall Accidents

When property owners fail to maintain their premises, accidents like slip and falls can occur. If you’ve been injured due to a hazardous condition on someone else’s property, you may have a valid personal injury case. A property owner’s negligence could lead to compensation for your medical expenses, lost wages, and more.

Workplace Injuries

Workplace accidents can lead to injuries that require long-term medical treatment and recovery. In addition to workers’ compensation claims, our personal injury attorneys in Aiken can assist with claims involving third-party negligence, such as in construction accidents, factory accidents, and office injuries.

Wrongful Death

Losing a loved one due to the negligence or recklessness of another person is a devastating experience. If a family member has passed away as a result of an accident or other harmful event, Hart Law can help you file a wrongful death claim to seek justice and financial compensation.

Common Types of Injuries in Personal Injury Cases

Personal injuries can range from minor to severe, and the type of injury you sustain plays a significant role in your case. Common injuries in personal injury claims include:

Traumatic Brain Injuries (TBI)

Traumatic brain injuries can occur in accidents such as car crashes, falls, and workplace incidents. These injuries can result in long-term complications, including cognitive difficulties, memory loss, and physical impairments. Our team of personal injury attorneys can help you seek compensation for these life-changing injuries.

Spinal Cord Injuries

Spinal cord injuries can result in partial or complete paralysis, affecting a person’s ability to walk or perform daily tasks. These catastrophic injuries require immediate medical attention and often result in long-term care needs. Victims may be entitled to compensation for their medical expenses, rehabilitation, and lost income.

Broken Bones and Fractures

Broken bones are common in many personal injury cases and can lead to extended medical treatment and recovery time. In some cases, fractures may require surgeries, physical therapy, and long-term care.

Soft Tissue Injuries

Injuries to muscles, tendons, and ligaments are known as soft tissue injuries. These injuries can be caused by whiplash, slips, falls, and other accidents. While they may not be immediately apparent, they can result in chronic pain and require ongoing treatment.

Catastrophic Injuries

Catastrophic injuries are severe injuries that result in permanent disability or disfigurement. These injuries can drastically change a person’s life, and victims deserve fair compensation to cover their extensive medical treatment and future care needs.

Proving Negligence in Personal Injury Cases

In most personal injury cases, proving negligence is essential to securing compensation. Negligence occurs when someone fails to exercise reasonable care, causing harm to another person. To prove negligence, your personal injury attorney must demonstrate four key elements:

  1. Duty of Care: The defendant had a legal obligation to act in a way that would prevent harm to others.
  2. Breach of Duty: The defendant failed to fulfill this duty by acting recklessly or negligently.
  3. Causation: The defendant’s actions directly caused the injury.
  4. Damages: The victim suffered actual harm, such as physical injury, emotional distress, or financial losses.

Our Aiken personal injury lawyers will work diligently to gather evidence and build a strong case to prove negligence on the part of the responsible party.

Types of Damages You Can Recover in a Personal Injury Case

Personal injury claims can result in various types of compensation, depending on the circumstances of the case. Common types of damages include:

Economic Damages

Economic damages are tangible losses that can be calculated and include:

  • Medical Expenses: Costs for treatment, surgeries, hospital stays, medications, and rehabilitation.
  • Lost Wages: Income lost due to missed work or the inability to work due to the injury.
  • Future Medical Expenses: Anticipated medical costs for ongoing treatment, therapy, or surgeries.
  • Property Damage: Compensation for damage to your vehicle or other personal property.

Non-Economic Damages

Non-economic damages are more subjective and include:

  • Pain and Suffering: Compensation for physical pain and emotional distress caused by the injury.
  • Loss of Consortium: Compensation for the loss of companionship or support from a spouse or family member.
  • Emotional Distress: The psychological impact of the injury, including anxiety, depression, or PTSD.

Punitive Damages

In cases of extreme negligence or malicious intent, punitive damages may be awarded. These damages are intended to punish the responsible party and deter future harmful actions.

The Personal Injury Claims Process

The process of filing a personal injury claim can be complex and time-consuming. The steps involved generally include:

Step 1: Seek Medical Attention

After an accident, seeking immediate medical attention is crucial for your health and for documenting your injuries. Your medical records will be vital in proving the severity of your injuries.

Step 2: Gather Evidence

Gathering evidence is essential in building a strong case. This may include photographs of the accident scene, witness statements, police reports, medical records, and expert testimony.

Step 3: File a Personal Injury Claim

Once your injuries are documented, your personal injury lawyer will help you file a claim with the at-fault party’s insurance company. The goal is to secure a fair settlement that covers your medical expenses, lost wages, and other damages.

Step 4: Settlement Negotiations

In many cases, personal injury claims are settled out of court. Your lawyer will negotiate with the insurance company to reach a fair settlement that adequately compensates you for your losses.

Step 5: Litigation

If a fair settlement cannot be reached, your lawyer may recommend filing a personal injury lawsuit and taking the case to court. This step involves presenting evidence and making your case before a judge and jury.

How Long Does Negotiation Take?

The amount of time depends on the circumstances surrounding your accident. Some cases can settle in a few months, although that is rare. At least six to eight months is more likely, and some clients end up waiting a year or longer.

Negotiation starts when we fully understand your economic losses and more clearly see how the injuries affect your life. At that point, Hart Law can put a dollar value to your claim.

We negotiate aggressively. We typically start high by demanding the most compensation possible. The other side usually rejects our initial demand and offers a lower amount. At some point we might end up in mediation to help find common ground.

Negotiating a settlement is an art. There is no guarantee an insurance company wants to pay fair compensation, so we take other steps, like filing a lawsuit, to protect our clients. But we have had excellent success negotiating large settlements for injured men and women like you.

Deadlines in South Carolina Personal Injury Cases

South Carolina Code § 15-3-530 is the statute of limitations governing personal injury cases. Under the law, an accident victim has three years to file a lawsuit, but after that the suit is barred.

Do not go over this deadline. A judge can dismiss your case, which frees the defendant from ever paying compensation, all because you waited too long. That might seem unfair, but South Carolina does not want accident victims to sit on their rights.

Call Hart Law. We can check whether the deadline is fast approaching. Then we can file a lawsuit in the correct court, protecting your legal right to hold the defendant responsible.

In some situations, a shorter deadline might apply. That is all the more reason to call our law firm to speak with an attorney about your case.

Comparative Negligence in Your Aiken, SC Case

South Carolina dispensed with the contributory negligence rule more than 30 years ago. Under the old law, a person could not seek compensation if they were even 1% to blame. Although that is no longer the law, a person’s negligence will still impact their personal injury case.

Let’s say you were hit by a speeding driver, but you were also distracted by your cellphone as you drove. Because you were also negligent, your compensation can be reduced by your percentage of fault.

Someone whose case is worth $100,000 would only receive $50,000 if they were 50% to blame. If they are 30% at fault, they might receive $70,000 at most. The reduction accounts for your share of fault.

Things are different if you are more than 50% at fault: you will not receive anything. This harsh rule means that you must always take any accusation seriously that you are to blame for a crash. Let’s discuss what happened and how we can shift the blame to where it belongs: on the defendant. We know that accidents are not always black and white, but we can build a case in such a way to minimize your own negligence.

How an Injury Lawyer Can Help

An experienced personal injury attorney from Hart Law can assist with every aspect of your case. Some ways our lawyers can help include:

  • Investigating the Accident: Our legal team will thoroughly investigate the circumstances surrounding the accident to determine fault.
  • Dealing with Insurance Companies: Insurance companies often attempt to offer lowball settlements. We will fight for the fair compensation you deserve.
  • Handling Legal Paperwork: Personal injury claims require a significant amount of paperwork, including legal filings and evidence submissions. We will handle these tasks on your behalf.
  • Negotiating a Fair Settlement: We will work to ensure you receive a settlement that adequately compensates you for all your damages.
  • Taking Your Case to Court: If negotiations fail, we will take your case to trial and fight for justice in court.

Why Choose Hart Law?

Choosing the right personal injury lawyer is essential to the success of your case. Here are a few reasons to trust Hart Law:

  • Experience: We have extensive experience handling a wide variety of personal injury cases in Aiken, South Carolina. Because of this experience, we can hit the ground running as soon as we accept a client.
  • Personalized Attention: We treat each case with the care and attention it deserves, working closely with you to understand your needs and goals. We avoid off-the-rack approaches, which might be the wrong fit for your case.
  • No Fees Unless We Win: We work on a contingency fee basis, meaning you don’t pay unless we win your case. This agreement provides an incentive to only accept cases with merit.
  • Commitment to Justice: We are dedicated to seeking justice for injury victims and helping them recover fair compensation for their losses.

If you’ve been injured in an accident, call Hart Law today at (803) 771-7701 to schedule a free consultation and learn about your legal options.

Mistakes to Avoid in the Claims Process

Obtaining compensation for an accident should be easier than it is. Insurance companies will do everything possible to get out of paying fair compensation, leaving accident victims in a lurch. There are some mistakes you should avoid:

  • Do not apologize for the accident. This is a hard one, because many people feel bad after a wreck, and their instinct is to say, “I’m sorry.” But statements like that could be used to show you accept partial responsibility for your accident. In South Carolina, your compensation can end up reduced.
  • Avoid diagnosing your own injuries. Some people look online to find out why they feel pain. That is a mistake. Go to the doctor to document your injuries and receive appropriate treatment. People who don’t receive proper medical care could fail to mitigate their damages and receive a smaller settlement.
  • Do not answer questions in a recorded interview with the insurance companies. They might search for information to use against you. It is easy to say something you don’t mean when you are in pain and not thinking clearly.
  • Never accept a settlement without consulting an attorney first. This is a good way to end up with a settlement that I much too low. Instead, hire a lawyer who can negotiate for you.

Will Your Case End Up in Court?

Few cases go to trial. Hart Law might file a lawsuit to protect your rights, but most cases still settle before a jury trial is necessary. Settlement works for both sides. Our clients receive fair compensation without the risk of losing in front of the jury. And the defense knows how much they need to pay without the risk of a jury hammering them with a large verdict.

Trial is still sometimes necessary when there are sincere disagreements about fault. The other side might be convinced you are to blame, so they offer nothing. The only way to receive compensation is to litigate all the way to trial.Hart Law is well positioned to handle a personal injury trial. Attorney Chris R. Hart learned his trade by sitting in a courtroom and watching Aiken’s most experienced lawyers make their cases to a judge and jury. He learned what works and is now an effective advocate for his clients.

Commonly Asked Questions About Personal Injury Cases

How Long Do I Have to File a Personal Injury Claim in South Carolina?

In South Carolina, the statute of limitations for personal injury cases is generally three years from the date of the accident. However, it’s important to consult with an attorney as soon as possible to ensure you meet all deadlines and protect your rights.

What if the At-Fault Party Doesn’t Have Insurance?

If the responsible party doesn’t have insurance, you may still be able to recover compensation through your own uninsured motorist coverage. Your lawyer can help you understand your options.

How Much Is My Personal Injury Case Worth?

The value of your personal injury case depends on various factors, including the severity of your injuries, the amount of medical treatment required, and the impact the injury has had on your life. Your attorney will assess your case and help you pursue maximum compensation.

Do I Have to Go to Court for a Personal Injury Case?

While many personal injury cases are settled outside of court, some may require litigation if a fair settlement cannot be reached. Your attorney will guide you through the process and ensure your rights are protected.

Speak With Our Aiken Personal Injury Lawyer Today

If you or a loved one has been injured in an accident in Aiken, South Carolina, it’s essential to have experienced personal injury lawyers on your side. Personal injury cases can be complex, and having a knowledgeable injury lawyer in Aiken can make all the difference when it comes to securing the fair compensation you deserve. Whether you’ve been involved in a car accident, motorcycle accidents, or suffered from a fall accident, an Aiken personal injury lawyer from Hart Law is ready to fight for your rights.

At Hart Law, we understand the impact that a serious injury can have on your life. From medical expenses and lost wages to physical pain and emotional suffering, a personal injury case can cause significant disruption. Our team is dedicated to helping accident victims recover compensation for their losses, and we offer a free consultation to discuss your case. Call us at (803) 771-7701 today to get started.