What is Personal Injury?
A personal injury refers to any physical injury, psychological and emotional injury and sickness or disease. If this injury is caused by a third party, either intentionally or due to negligence, the injured party has a right to claim compensation for any financial loss they may have incurred because of that injury.
There are a number of state laws that apply in personal injury cases and lawsuits. Here is a quick overview of these rules and regulations and things that you should know before filing a personal injury claim in Anderson, SC:
Statute of Limitations
Personal injury lawsuits have set statutory limits. That means that you have to file your claim within a certain period of time. This is called the statute of…show more content… This means that if one party is not 100% at fault, compensation for personal injury claims will be determined based on each party's degree of fault. Thus, any compensation the injured party is entitled to will be reduced according to their percentage of fault. For example, if the defendant was 80% at fault and the injured party, filing the claim, was 20% at fault, their compensation will be reduced by 20%. Thus, they are accountable for their share of fault. Another important thing to remember is that any individual found to be more than 50% at fault will not be entitled to any compensation in South…show more content… However, it is important to note that the judge will not grant you this compensation simply because you claim this is so. The injured party has to prove to the court that these losses were actually incurred. That is why it is important to seek medical attention immediately after the injury so that a medical professional conducts a thorough medical examination, gives their diagnoses and treats the condition(s) if any. This medical doctor should be an independent healthcare provider and should have the necessary training and experience to conduct such an examination. The diagnosis of the medical doctor can prove that you did indeed incur injuries. In many cases, the defendant will request a second opinion to confirm the diagnosis. In addition, the injured party will also have to prove that they were unable to work during the recovery phase and are thus entitled to compensation for any lost wages. In short, everything that is stated in a personal injury claim has to be backed by evidence in Anderson,