Personal Injury Lawyers in Gaffney & Spartanburg, SC

Our Experienced Injury Lawyers in Gaffney & Spartanburg, SC, Can Help With Your Claim

Our personal injury lawyers at Parker & Bain, LLC, know from experience that tragedy can strike any moment. Car accidents, work accidents, defective products, and careless business owners can easily turn your life upside down.

If you or a loved one suffered harm due to an act of negligence, then it may be possible to secure a verdict or settlement that covers your damages. We are ready to help the injured across our state from our office in Gaffney.

Personal Injury Financial Recovery: What Steps Are Involved?

When a vehicle crash, slip-and-fall accident, or another incident causes severe physical and emotional harm, you can expect to face concerns about injury care and economic hardships, such as lost income.

Victims in South Carolina have two main avenues to explore for financial recovery: an insurance claim or a lawsuit. Understanding how each process works is critical for ensuring the best chances of recovering your financial losses.

Insurance Claim Process

Most people know that obtaining compensation from the responsible insurance provider involves submitting a claim. However, following a few crucial guidelines during the claims process can increase your odds of success.

• Seek medical attention to determine your injuries and start a chain of documentation for your claim.
• Inform the at-fault party’s insurer that an incident with injuries occurred, but do not answer questions or make statements.
• Gather evidence like police reports, accident photos or videos, witness statements, and medical proof to strengthen your claim.

Consider legal counsel before speaking with insurers and before submitting your claim. Injury attorneys understand how to deal with insurance companies – including tactics that flirt with bad faith – and can ensure you leave no loops open for them to exploit.

PI Lawsuit Process

Unfortunately, insurance claims can be complicated, especially if a defendant denies liability or the insurance company refuses to negotiate fairly. Filing a lawsuit offers solutions to these problems by allowing victims to initiate personal injury lawsuits and take their claims to court.

A lawsuit can facilitate financial recovery in numerous situations, from vehicle accidents to premises injuries and even medical malpractice. However, they can take longer to resolve than insurance claims and involve many more steps, including:

• Conducting a comprehensive investigation, which can include gathering additional evidence of negligence and fault
• Filing a formal lawsuit with the proper court with a specific demand for compensation based on your economic and noneconomic losses
• Undergoing discovery or exchanging information with the other side through written interrogatories, document production, and oral depositions

Occasionally, the court will order the two parties to engage in pretrial negotiations, or they may decide to do so independently. If the case settles, there is no need for a trial. If your case goes to trial, your legal team will ultimately present the evidence and arguments supporting your position in court.

Whichever recovery method ultimately leads to fair compensation, you can count on Parker & Bain, LLC’s lawyers to guide you through each stage and fight continuously for your rights.

Deciding to File a Personal Injury Lawsuit

Serious injuries can leave you or your family members saddled with millions of dollars in unexpected expenses. However, South Carolina law permits some accident survivors or their family members to recover compensation from the at-fault party.

It can be difficult to assess your legal options on your own after an accident. If you or a loved one suffered harm due to the carelessness or the willful intent of another party, then our attorneys can help you determine which legal options are available.

Types of Personal Injury Cases in South Carolina

People file personal injury claims for a number of reasons. Scenarios that could lead to a serious injury include:

• Car accidents
• Motorcycle accidents
• Truck accidents
• Pedestrian and bicycle accidents
• Boat accidents
• Defective products
• Slip-and-fall accidents
• Medical malpractice
• Nursing home abuse and/or neglect
• Assault

You may be able to file a claim for compensation if you or a loved one suffered damages. Whether you should file a personal injury lawsuit depends on the circumstances. You should strongly consider this option if you suffered extensive damages or cannot resolve a claim through other means.

Examples of damages could include medical bills, lost income, loss of future earning capacity, and pain and suffering. Depending on the type of injury you or a loved one suffered, your damages could be in the millions of dollars.

Types of Damages Recovered in an Injury Lawsuit

Two types of compensatory damages can factor into a personal injury lawsuit. Generally, personal injury lawsuits deal with economic and noneconomic damages.

Both types of damages may cover:

• Medical and rehabilitation expenses
• Transportation costs
• Lost income or loss of future earnings
• Home modifications
• Pain and suffering

The types of damages you can recover would depend on the specifics of your case. If you suffered an injury that requires extensive medical services and led to immense pain and suffering, then both types of damages would likely factor into your case.

Why Hire an Attorney After Any Accident

You should speak with an attorney as soon as possible after your accident. Making mistakes early in the claims process is common. Depending on the mistake, you may preclude yourself from being able to seek compensation altogether. An attorney can also protect evidence that is vital to your case. Evidence may quickly disappear after an accident, even within hours.

For example, data on a truck’s electronic control module (ECM) may be altered or destroyed after a wreck. Forensic evidence can also quickly vanish from the scene of an accident.

An attorney can begin building your case by gathering the available evidence. Types of evidence that may factor into a personal injury lawsuit include:

• Medical records
• Physician statements
• Electronic communications
• Witness statements
• Police reports
• Photographs or video footage

These are only a few basic examples of evidence that might factor into a personal injury lawsuit. By hiring an attorney early on, you can better understand how evidence will factor into your case.

Frequently Asked Questions About Car Accidents

A car or motor vehicle accident is one of the most common types of accidents that lead to a personal injury claim. Our car accident attorneys know that you probably have many questions if you’ve been injured in a car accident. Here, they answer some of the more commonly asked questions. If you still have specific questions about your car accident, we offer a free consultation to give you a chance to ask your questions.

What should I do after a car accident?

After an automotive collision, you may experience disorientation or pain. Having a list of steps to take after such an incident can help you act quickly. This could save your life or the lives of others. In the event of a car crash, you should:

• Call 911
• Check on the other driver
• Get out of harm’s way
• Seek medical attention

Once you are safe, then you can address issues that will help your car accident claim.

• Check the crash damage
• Gather evidence such as videos or photos
• Get contact information from any witnesses
• Cooperate with authorities and get a copy of the police report
• Contact an attorney

Our South Carolina car accident lawyer wrote a blog exploring what you should do after a car crash. Follow this link to learn more.

Do I need to hire a lawyer after my car accident?

There are many reasons why hiring an attorney is a good idea after a car accident. An attorney can help you preserve evidence that another party may intentionally or unintentionally destroy or alter. If you must negotiate with your insurance company, then a lawyer is familiar with insurance companies’ tactics. This experience may help you get a better settlement. If you must go to court to solve your claim, an attorney can help you build a strong case and meet court deadlines. These tasks may be difficult for you to handle if you are recovering from an injury.

What kind of evidence do I need to file a claim for my car crash?

In order to build a strong lawsuit or claim, you will need to gather effective evidence.

Your lawsuit or claim will need evidence such as:

• Police reports
• Witness testimony
• Medical records
• Expert testimony
• Diagrams of the scene
• Photos
• Videos and more

You will also need to exchange basic information with the other driver:

• Name
• Address
• Driver’s license number
• Registration numbers
• Insurance information

This may be difficult if you are in the hospital or otherwise recovering from your injuries. An attorney can help in this situation.

What kinds of damages can I ask for after a car accident?

If you suffer an injury in an auto accident, then you may be able to seek damages for your associated losses. These damages include, but are not limited to:

• Medical expenses
• Lost wages and future income
• Vehicle repairs/replacement
• Mental and physical pain and suffering

If the other party acted deliberately or with reckless disregard, then the injured party may also be able to pursue punitive damages.

Does it matter who was at fault for the accident?

South Carolina has a modified comparative negligence law. This is also referred to as the “51 percent” rule. If the injured party in a car accident holds some fault in the incident, then the percentage of his or her fault will lower what the other party pays. If the injured person’s negligence breaks the threshold of 50%, then he or she cannot recover compensation from the other party.

What Upfront Fees Are Needed for My Personal Injury Case?

When you are hurt and trying to heal, the thought of hiring a personal injury attorney can sound overwhelming. You may be concerned about how you can afford the services of an experienced attorney like those here at Parker & Bain, LLC when you already have bills piling up. Fortunately, this is not a problem with a contingency fee agreement.

No Upfront Fees: Our Contingency Fee Agreement Explained

We offer our services to the victims of personal injuries without a retainer, using a contingency fee agreement. That means that – once you put your injury claim in our hands – we only take a fee if we successfully recover compensation for you through a negotiated settlement or at trial. At that point, our fee is a percentage of your compensation.

Most contingency fee agreements are scaled, meaning that the percentage that we take as a fee will be smaller if we are able to negotiate a fair settlement and larger if the claim has to go to court. The increased fee reflects the extra time and work that has to go into preparing a case for trial.

Under a contingency fee agreement, Parker & Bain, LLC, also bears any upfront costs associated with your claim. This may include things like:

• The costs of an investigation to determine fault and gather evidence
• Medical record request fees to compile clear documentation of your injuries
• The fee for filing the complaint against the defendant with the court
• Costs associated with the summons and complaint on the defendant
• Expert witness fees, should one be required to prepare a report or testify
• Administrative costs, including things like postage, travel, and copy-making
• Deposition expenses, such as the cost of the stenographer’s time
• Transcript costs, if necessary, of dispositions or court hearings

In some cases, you may be asked to pay these costs out of your share of any settlement or verdict, but that is always something that you will know in advance. Our contingency fees are always transparent, so there are no unpleasant surprises.

Contingency fee agreements are common in personal injury claims because they make dedicated, high-quality legal representation affordable for all. Plus, since our fee relies on a successful claim, you can always rest assured that we will aggressively pursue the maximum compensation possible.

Learn More During a Free Consultation

We know that no matter what type of accident you were involved in, you probably still have questions. Please call us if you would like to talk to our lawyers about your possible injury claim. Our practice focuses on the needs of our clients and giving them caring and honest legal guidance. You can contact our Gaffney office at (864) 489-8128  or email us to arrange your free consultation.