With absolutely any personal injury case, you are required to adhere to a statute of limitations. This defines the amount of time you have in which to file your claim or settle it in civil court. South Carolina’s statute of limitations allows an injured party three years from the date of the accident to bring their claim or had it settled.
While you may think three years gives you plenty of time to hire an attorney, we strongly discourage you from waiting to do so. It is extremely important to hire an attorney right away so that they are able to build you a strong case without being pressed for time or without having a hard time tracking down your witnesses and evidence.
If you wait longer than three years to bring a case, then you are no longer eligible to get compensation. You are not permitted to bring a case past the statute of limitations because this is a law and must be abided by.
Construction accidents are very different than a personal injury case when it comes to how the victims receive their compensation award. Typically, when someone is injured on a construction site, they are the employee who was injured in a workplace accident. When you are hurt at work, you are going to be seeking compensation through your employer. Workers’ compensation covers your past and future lost wages and medical expenses.
In some cases, you are going to be able to seek damages through a personal injury case. That typically happens when you are involved in an accident caused by a third party. You are not allowed to bring a case against your employer, but, if there is a third party such as a scaffolder, you can bring a case against that negligent party.
There will have to be some proof that you were injured due to their actions or inaction that your injury could have been avoided if they had acted in a different way. An attorney will be able to help you determine which type of case you have and how much your case is potentially worth to get you the fullest compensation.
You have to do three very important things if you want to ensure that you are going to be fully and fairly compensation for your damages:
Above all else, what you need to do before leaving the construction site is report your injury. Do not leave there without telling your employer that you have been injured. That report may go through your supervisor or your project manager. Either way, you need to make sure that they have it down on paper how you were injured and when you got hurt. Keep a copy of that as you need to be able to use it for reference later in your case.
Medical attention is going to be the most important step in terms of getting yourself physically better. Your health recovery is probably more important than anything else. You should never avoid seeking treatment as you may just make your injuries worse. You do not want them to turn into something that keeps you from enjoying your life. The sooner you get yourself in front of a medical professional, the better off you will be. If you wait to seek treatment, you will likely get worse and you will also raise the suspicions of the insurance company. They might think that you lied about your injuries or how you got them, and they will try to reduce your compensation or eliminate your case altogether.
Third, you need to find yourself an attorney who is experienced in handling these cases. You want to be able to rely on this person to represent you well. They are going to be the biggest influence on whether or not you are getting the fullest compensation award possible or not. Research your attorney and ensure that they have the experience necessary to be successful.
If you have been severely hurt in a construction accident, please contact us as soon as possible to set up your free initial consultation with our South Carolina construction accident attorneys. We will keep you on the path to getting full and fair compensation.