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What Constitutes a Personal Injury Claim?

By Attorney James Whalen | Published on November 22, 2021

If you have been involved in a motor vehicle accident, you may have suffered serious injuries. It is critical for you to see a doctor as quickly as possible after an accident so you can get the treatment you deserve. Then, as you handle the situation following a car accident, you may be looking at your medical bills, wondering what your options are. If you have suffered a personal injury, then you may be able to seek damages from the person who is responsible for the accident. At the same time, this is only going to work if you can prove somebody else is responsible for your personal injury. Therefore, what constitutes a personal injury? What do you need to do to prove your case? Take a look at the important information below.

What Is a Personal Injury?

When people are talking about personal injuries, they are usually discussing a specific element of civil law. The idea of a personal injury claim is to make somebody whole again if their injuries are the responsibilities of someone else. There are a lot of expenses that go along with a serious injury in a slip and fall accident, a motor vehicle accident, or even a physical assault. For example, individuals may have to go to the hospital, which can be expensive. These bills are even higher if somebody suffers a severe brain injury or spinal cord injury. Then, people may be unable to return to work immediately. This lost income can be a significant obstacle as well. A personal injury claim can provide someone with the funds they require to make sure they get back on their feet. 

What Are the Legal Elements of a Personal Injury Claim?

There are several important elements that everyone should consider when it comes to a personal injury claim. They include: 

  • The Statute of Limitations: First, there is a statute of limitations related to all personal injury cases. Even though this can vary from jurisdiction to jurisdiction, it is important for everyone to be mindful of this statute of limitations to make sure they file their claim before time runs out. 
  • Proving Liability: Liability is another important part of a personal injury case. Plaintiffs will have to show that someone else was responsible for their injuries. There may also be situations where a jury may decide the plaintiff is partially at fault, reducing compensation by that percentage.
  • The Burden of Proof: The burden of proof is always on the plaintiff. It is the responsibility of the plaintiff to prove that his or her injuries were the responsibilities of somebody else. This is a situation where a personal injury lawyer Greenville SC can be helpful.

It is important to understand all of these elements in order to place any personal injury claim in the best position possible to be successful. 

How A Personal Injury Attorney Greenville SC Can Help You

If you have been involved in an accident and suffered injuries due to the negligence or actions of someone else, then you need the help of personal injury lawyers Greenville SC. A personal injury attorney in Greenville can take a look at your case and let you know what your options are. Then, a personal injury attorney SC can advise you on the best course of action. You need to make sure you do not settle for anything less than your injuries are worth. A Greenville personal injury attorney can act as your legal guide as you go through the legal system. That way, you can focus on your medical recovery, allowing an experienced attorney to advocate for your best interests. Our team can help you do exactly that. 

Contact Whalen Montalvo Law for a Case Consultation Today

If you have suffered a personal injury, you need to work with an attorney who specializes in that area. Our team can help you. We can take a close look at your case, letting you know how much your injuries might be worth. Then, we can take all the paperwork off your hands, allowing you to focus on your medical recovery. You deserve to have your rights defended by specialized legal experts in the area. Give us a call today for a case consultation. We look forward to hearing from you. 

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