Common Misconceptions about Personal Injury Lawsuits
Personal injury law is quite complex and can vary from one state to the next. The personal injury attorneys of The Mike Kelly Law Group, with offices in Columbia and Myrtle Beach, South Carolina, explain some of most commonly misunderstood issues.
- Any personal injury can result in a lawsuit. Not true. To have a claim, you must be able to prove negligence, or a failure to act with reasonable care, on the part of another person or company.
- Victims can't receive medical treatment until the claim or case is settled. Not true. In fact, victims have a responsibility to seek immediate care and pursue continuing treatment, if needed, so their injuries do not get worse.
- Victims of negligent behavior will have their day in court. Maybe. Many times it's in the victim's best interests to settle the case before it goes to court. Trials are costly, and there's no guarantee of victory.
- There is no time limit as to how long a victim has to seek damages. Not true. In South Carolina, there is a three year statute of limitations for personal injury lawsuits.
- You must answer all questions from insurance company representatives. It depends. Certainly if you've been involved in an accident, you should notify your insurance provider, even if you're not at fault. You are under no obligation, however, to talk with a representative of the other driver's insurance company. In fact, it's unwise to do so without consulting an attorney, because anything you say will become part of the permanent record. That means it could be used against you if the case goes to trial.
- Only the victim can pursue legal action. If the victim dies as a result of the injury, relatives may be able to file a wrongful death suit and claim damages for funeral and medical expenses, loss of future earnings and related expenses.
