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Navigating a personal injury claim? Legal counsel can help

Car accidents -- even those described as minor -- can have devastating consequences. Some injuries that are not immediately evident can lead to chronic pain and ongoing medical expenses for years after the accident. If you do not consult with a physician after the crash, the lack of medical records may make it difficult to claim compensation from a negligent driver who caused the crash.

The National Highway Traffic Safety Administration says 2.3 million people suffered car accident injuries in 2012. Although injured victims are entitled to pursue financial relief through the civil justice system, it is a complicated process with many pitfalls. To help you get the maximum compensation for damages caused by a crash, you might want to consider utilizing the services of an experienced personal injury attorney. Such a professional can explain your legal rights and make sure you obtain the necessary medical documents to justify legal claims.

Establishing negligence

The most challenging part of a personal injury lawsuit is the establishment of negligence. To form the the basis of such a lawsuit, proof of negligence is required, and then you will have to show that the negligence caused the accident that brought about the injuries and the subsequent losses. Two potential legal claims of negligence include the following:

  • Reasonable care -- Every road user must operate his or her vehicle with reasonable care. This applies to operators of passenger vehicles, commercial vehicles, motorcycles and even bicycles. Any driver who fails to operate a vehicle with reasonable care under the circumstances, and then causes an accident, may be held accountable for damages suffered. One example is a driver disregarding a stop sign or red light.
  • Negligence per se -- This is a legal claim that bases negligence on a violation of federal or state laws. For example, South Carolina laws prohibit driving under the influence of alcohol. If an intoxicated driver causes an accident, he or she violated the state law, and, thus, the driver is negligent per se.

How will you establish any type of negligence? This is where the support and guidance from a skilled personal injury attorney are invaluable. He or she can explain your rights and launch an independent investigation to learn the true facts of the case. A lawyer will understand the trauma you are experiencing and advocate on your behalf while you recover from your injuries.

The attorney will determine whether any other individuals or companies can be named as defendants, such as the company who owns a commercial vehicle that caused the crash, a manufacturer or any other entity that might have contributed to the damage you suffered. He or she will research the law if necessary, interview witnesses and collect records. Furthermore, a lawyer will confer with experts and negotiate with insurers and the opposing counsel. He or she will plan a legal strategy with the focus on obtaining maximum recovery of your damages.

Philpot Law Firm, PA
115 Broadus Ave.
Greenville, SC 29601

Toll Free: 866-853-3497
Toll Free: 866-853-3497
Phone: 864-990-0226
Phone: 864-990-0226
Fax: 864-242-1566
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