How a Personal Injury Lawyer Builds Your Case After an Accident

A personal injury can threaten your finances, happiness, and health. Insurance companies are not generous with payouts, often providing less compensation than needed. If injured due to another’s negligence, do not represent yourself. Instead, work with a personal injury attorney experienced in your matter. Our Charleston personal injury lawyers explain how an attorney can pursue the compensation you deserve.

Gathering Evidence to Prove Liability

Law enforcement will conduct their own investigation into your personal injury matter, but they will not give you the undivided attention that your attorney will provide you. The beginnings of a personal injury case often involve gathering information and investigating. This evidence will help to establish the other party’s fault.

For instance, information in a truck accident case may include photographs of the accident scene, video footage, eyewitness testimony, and a truck’s electronic logging device (ELD). An ELD is a device that automatically records a truck’s driving hours by synchronizing with the engine. It shows when the truck’s engine was on, how many miles the driver traveled that day, and the truck’s speed at the time of the crash. Additionally, your attorney will obtain a copy of the police report, which will provide details on the collision and who the officer concluded is at fault.

Gathering Evidence to Establish Proof of Losses

Other evidence, such as your medical records, pay stubs, W-2s, and income tax returns, can help you establish damages, adding additional value to your claim. Medical records may include medical imaging, medical bills, doctors’ notes, and discharge instructions. These records will detail the severity of your injuries and how they impacted your life. Pay stubs, W-2s, and the last two years of tax returns can highlight your pre-accident versus post-accident wages. Although gathering evidence and information may take several weeks or even months, rushing through it comes with no benefits.

Calculating Damages

Your losses or damages will be quantified as either economic or non-economic. Economic damages are out-of-pocket expenses incurred due to your accident, including lost wages, medical bills, and property damage. In contrast, non-economic damages are intangible losses, such as pain and suffering, mental anguish, and disfigurement.

Beyond these, there may be situations where additional damages are available. In personal injury cases where the wrongful party had a willful, wanton, or reckless disregard for your safety, the claimant (the person pursuing the claim) may be awarded punitive damages. Punitive damages are meant to punish the defendant (the party being accused) and deter society from similar behavior. To collect punitive damages, the plaintiff (the injured person who files the lawsuit) must show through clear and convincing evidence that the defendant’s actions were the cause of the plaintiff’s injuries. SC Code §15-32-530 caps punitive damages at three times the amount of compensatory damages (the total of both economic and non-economic damages awarded to make the plaintiff whole), or $719,971 (as of December 2024). However, the cap does not apply if the damage is calculated after the investigation.

Preparing a Demand Package

After the investigation and damages calculation, your attorney submits your claim. This involves a demand letter detailing liability, proof of damages, requested compensation, and a deadline for the insurance company’s response. The insurer will likely respond with a lower offer, which starts negotiations.

Handling Insurance Negotiations

Your attorney negotiates with your insurer for a fair settlement. Adjusters may request more documents, which your attorney will provide. Negotiations can be lengthy, especially for complex cases.

Taking Your Case to Court

If talks stall, your attorney may recommend a trial. If insurers offer low settlements or do not respond, your case can go to trial. Both parties present evidence and call witnesses before a judge or jury. The trial is time-consuming and stressful, but it may be necessary for fair compensation. Cases can settle at any time until a verdict. Trial outcomes are unpredictable. Going to trial is a gamble since your award depends on how a judge or jury rules.

Do Not Hesitate to Contact Our Charleston Personal Injury Attorneys

When an injury or accident affects your psychological, emotional, and physical well-being, strong advocacy is essential. Our Charleston personal injury lawyers have helped thousands of injured parties recover maximum compensation for their losses—and we are prepared to fight for you, too. Do not wait to take action: contact The Law Office of Mark C. Tanenbaum, P.A., online or by calling (843) 577-5100 now to schedule your free consultation and secure the legal support you deserve.