A personal injury lawyer is a lawyer who deals with cases involving people who have been injured due to another party’s negligence. A personal injury lawyer may offer multiple legal services in addition to representing their client in negotiations or court, such as filing their claims or offering legal advice. Furthermore, personal injury lawyers help their clients seek compensation for their damages.
When a client begins to work with a personal injury lawyer, their attorney may help them build their case. They may collect evidence that proves that their client suffered injuries and that the other party’s negligence led to their client’s injuries. Additionally, personal injury lawyers typically pursue financial compensation against an opposing legal team by presenting their client’s damages, which can be monetized.
Damages that personal injury lawyers can help their clients file claims for may include:
- Current and future medical costs
- Property damage
- Lost wages
- Limited earning capacity
- Pain and suffering
- Emotional distress
- Loss of consortium
- Wrongful death
Personal injury lawyers handle various claims, such as car accidents or slips and falls. Aside from motor vehicle accidents, personal injury lawyers may represent clients in many types of personal injury cases, such as:
- Construction accidents
- Premises liability
- Medical malpractice
- Personal injury resulting in serious injuries
- Assault or battery
- Product liability
- Other vehicle accidents
In This Article
A Personal Injury Lawyer Can Help You Prove Negligence and Establish Liability
A personal injury lawyer will argue that the defendant’s negligence caused their client’s injuries and accident. As defined by the Legal Information Institute (LII), negligence is “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.”
The American Bar Association (ABA) provides an example of how negligence plays a role in motor vehicle accidents. Simply put, the ABA explains that drivers owe one another a “duty to use reasonable care” on roadways and must avoid injuring anyone at all times when behind the wheel. Failure to uphold this duty would make the driver liable for any injuries or accidents they caused. For example, if the defendant was texting while driving and injured the plaintiff during a motor vehicle accident, the personal injury lawyer would argue that the defendant’s negligence caused the accident and, therefore, the defendant would be liable for damages.
When filing a personal injury lawsuit based on negligence, the personal injury lawyer may be tasked with presenting evidence that proves the four elements of negligence. According to LII, the four elements of negligence are:
- A duty of care owed to the plaintiff
- A breach of duty from the defendant
- Damages and injuries suffered by the plaintiff
- Proof that the defendant’s negligence caused the plaintiff’s injuries
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File Your Personal Injury Lawsuit within the Statute of Limitations
Personal injury lawyers may help their clients file their lawsuits within the statute of limitations, which is the window period a claimant has to file their lawsuit with the courts in their state.
In North Carolina, the statute of limitations generally gives a plaintiff three years to file a personal injury claim, according to the North Carolina General Statutes § 1-52. In South Carolina, the statute of limitations also gives plaintiffs three years to file a personal injury claim, as stated in the South Carolina Code of Laws § 15-3-530.
Personal injury lawyers work to ensure their clients submit their claim within the statute of limitations for several reasons, but mainly to avoid the plaintiff’s case from being dismissed. If the plaintiff submits their personal injury lawsuit beyond the statute of limitations, the defendant may request the court to dismiss the case. Because the case went beyond the statute of limitations, the court might agree to dismiss the plaintiff’s personal injury lawsuit, preventing the plaintiff from seeking compensation.
File a Personal Injury Lawsuit with Farmer & Morris Law, PLLC
If you were injured due to someone else’s negligence, the personal injury lawyers of Farmer & Morris Law, PLLC, may fight for compensation on your behalf to recover your damages. While you focus on living your daily life or recovering from an injury, our team will help build your case.
Our team at Farmer & Morris Law, PLLC, may also help you determine a fair value of compensation for your case upon a free consultation with you. We can help ensure your lawsuit is filed within the statute of limitations in your state. To learn more, call Farmer & Morris Law, PLLC, today at (828) 286-3866.