Charlotte Personal Injury Lawyer
Representation for Injury Claims in North Carolina & South Carolina
The Law Office Of Montgomery and Hart, PLLC is the premier personal injury attorneys serving customers in Charlotte, Sumter, and Summerville. Our law firm is dedicated to providing comprehensive legal representation and superior customer service to our clients. If you or a loved one has been injured in an accident, the team at Montgomery and Hart is ready to assist.
We understand that when you’ve been injured due to the negligence of another, you need a Charlotte and Sumter personal injury attorney who is experienced, knowledgeable, and compassionate. Our team understands that each injury case is unique and requires a tailored approach. That’s why we take the time to get to know you and your injuries case, so we can develop the best strategy for success. Let our personal injury lawyers in Charlotte, NC and Sumter, SC protect your rights and fight for compensation for your damages. As you focus on recovering, we will take legal action to hold the liable party accountable.
At The Law Office Of Montgomery and Hart, PLLC, we make sure to keep you informed and involved throughout the entire process. We will provide you with the information and resources you need to make informed decisions about your personal injury case.
How Do I Find a Personal Injury Lawyer?
Finding a personal injury lawyer can feel overwhelming. However, it's essential to have an injury lawyer who specializes in personal injury cases to ensure you receive the compensation you deserve. There are several ways to find a personal injury lawyer, such as searching online or asking for referrals from family and friends. Additionally, you can contact your state's bar association to obtain a list of injuries lawyers who specialize in personal injury cases. It's crucial to research potential lawyers thoroughly and schedule consultations to discuss your case before making a final decision. Remember, a good personal injury lawyer in Charlotte or Sumter, can make a significant difference in the outcome of your case, so take time to find someone who will advocate for your rights and protect your interests.
How Long Does Someone Have to Sue You in North Carolina?
In North Carolina, the amount of time someone has to sue you depends on the type of case. For most personal injury cases, the statute of limitations is three years. This statute means that the plaintiff (the person suing you) has three years from the date of the injury to file a lawsuit.
However, there are some exceptions to the three-year statute of limitations. For example, if the plaintiff was a minor during the injury, they have three years from turning 18 to file a lawsuit.
Additionally, suppose the plaintiff was unaware of the damage until after the three-year statute of limitations expired. In that case, they may have up to ten years from the date of the discovery of the injury to file a lawsuit.
What is the Statute of Limitations for Personal Injury in South Carolina?
A statute of limitations for personal injury claims in South Carolina is three years from the date of the injury. This statute means injury victims have up to three years to file a claim after an accident. If you miss the deadline, you can lose your right to legal action.
There is one notable exception when an injury is not discovered instantly. In those instances, the statute of limitations only starts to run when the damage is discovered. For example, a patient may bring suit within six years of the medical error if the error was not found during the typical two or 3-year period and other conditions are met.
If the three-year filing deadline has passed, you can try to bring your personal injury lawsuit to court. In that case, the defendant will almost surely point this out and ask the court to dismiss your case.
What A Plaintiff Needs To Prove in North carolina & South Carolina
If you want to pursue a personal injury case in North Carolina (NC) or South Carolina (SC), there are certain elements you need to prove to be successful.
Firstly, you must prove that the defendant had a duty to act with reasonable care towards you. This could be something like a doctor-patient or driver-pedestrian relationship. When a defendant fails to uphold their duty of protection, they are negligent. Landowners are responsible for keeping their land safe for guests, for example.
Then, you must demonstrate that the defendant breached their duty of care towards you. This involves showing that they did something or failed to do something that caused harm to you.
Thirdly, you need to prove that the defendant's breach of duty caused your injury. This means that there must be a direct link between their actions and your harm.
Finally, you need to provide evidence of the damages you suffered due to the injury. This can include medical expenses, lost wages, and pain and suffering.
Despite this, most car accident cases are a balance between the defendant’s and plaintiff’s actions. The courts use a legal concept called modified comparative negligence to determine fault in accident cases. According to SC Code *15-38-10, the court will reduce a plaintiff’s recovery if they share responsibility for the accident. In addition, if a plaintiff is more than 50 percent at fault, he or she cannot recover any compensation.
Understanding these key elements is crucial to building a strong personal injury case in NC and SC. The skills of our Charlotte and Sumter personal injury lawyers could assist plaintiffs in both proving the defendant’s negligence and protecting themselves from contributory negligence accusations.
Recoverable Damages In A North Carolina or South Carolina Personal Injury Case
We aim to recover compensation for your damages through a settlement or jury verdict in a personal injury case in Charlotte, NC or Sumter, SC. Various types of damages may represent a wide range of expenses and losses associated with your accident, injuries, and treatment. A full investigation of your case is necessary to provide an accurate estimate of recoverable damages.
In a personal injury case, you may be able to recover damages for:
- Ambulance transportation
- Emergency room evaluation and initial treatment
- Inpatient treatment, hospitalization, and surgery
- Outpatient treatment and follow-up care
- Pain management and other medications
- Rehabilitation and physical therapy
- Ongoing care costs and future care costs
- Other related medical expenses
Do I Need A Charlotte Personal Injury Lawyer?
Determining whether you need a Charlotte personal injury attorney depends on the specifics of your situation and the severity of your injuries. However, here are compelling reasons why hiring a personal injury attorney in Charlotte or Sumter, or any similar situation, can be immensely beneficial:
- Legal Expertise: Personal injury attorneys possess the legal knowledge and expertise to navigate the complexities of personal injury laws in Charlotte & Sumter. They understand the relevant laws, procedures, and regulations, ensuring your case is handled effectively.
- Assessment of Claim Value: A personal injury attorney can accurately evaluate the value of your claim, factoring in medical expenses, lost wages, pain and suffering, and future damages. This assessment helps ensure you seek fair compensation.
- Negotiation Skills: Skilled injury attorneys excel in negotiations with insurance companies. They can negotiate for a fair settlement and advocate for your best interests, often resulting in higher compensation compared to dealing with insurers directly.
- Court Representation: If negotiations fail and your case goes to court, having an attorney represent you is essential. They can build a strong case, present evidence, question witnesses, and argue on your behalf, increasing your chances of a favorable outcome.
- Contingency Fee Basis: Many personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win your case. This motivates them to work diligently on your behalf and ensures you don't have to worry about upfront legal fees.
Having an experienced Charlotte personal injury attorney can significantly improve your chances of a successful claim, ensuring you receive the compensation you deserve for your injuries and losses.
Injury caused by an accident is not always limited to physical harm. In addition to other financial losses, our Charlotte and Sumter personal injury lawyers may be able to recover damages for:
- Damage to your vehicle
- Lost wages and benefits
- Diminished earning capacity
- Property damage
- Loss of support
- Other expenses and losses
Depending on the state, injured parties may be able to recover certain non-economic damages, including:
- Loss of enjoyment of life
- Mental anguish
- Punitive damages for heinous or criminal acts
Wrongful Death And Survival Damages in North Carolina & South Carolina
If a member of your family was killed in a Charlotte, NC or Sumter, SC accident, you might be eligible for compensation through a wrongful death or survival claim. Although no amount of money can replace a lost loved one, North Carolina and South Carolina laws allow family members of those killed in accidents to seek compensation from those responsible for their death.
In North Carolina and South Carolina, wrongful death and survival damages are two separate legal claims that may arise in the unfortunate event of a loved one's death due to someone else's negligence or intentional act.
Wrongful death damages typically compensate the deceased's surviving family members for the losses they have suffered as a result of the death, such as funeral expenses, medical bills, lost wages, and emotional distress.
Survival damages seek to compensate the deceased's estate for any damages that the deceased could have recovered had they survived, including pain and suffering, medical expenses, and lost earnings between the time of the injury and death. It's crucial for anyone who has lost a loved one due to someone else's actions in NC or SC to consult with an experienced personal injury attorney who can help navigate the nuances of these legal claims and ensure that they receive the compensation and justice they deserve.
If your loved one was involved in an accident, we can review the facts and help you weigh your options. You can reach our Charlotte and Sumter personal injury lawyer by calling (980) 243-4470
Get In Touch
Our knowledgeable attorneys at Montgomery and Hart, PLLC can discuss your case with you or a loved one if you have had a personal injury. If you hire an experienced personal injury lawyer, you may be surprised at the difference they can make.
Contact one of our attorneys and they will explain your rights to you and advise you on the following steps to take. We understand the laws in North and South Carolina and will use our knowledge to fight for the compensation you deserve. We specialize in representing clients in Sumter, Summerville, Charlotte. Our attorneys are familiar with the local laws and court systems and have a successful track record of obtaining favorable outcomes for our clients.
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