Hiring a personal injury lawyer in Charleston SC with a broad range of experience as a trial lawyer is the first step in getting legal representation to help you get justice for all the physical, emotional, and psychological pain you've experienced.
The same applies if you're looking for a personal injury attorney in Charleston for a loved one involved in a car accident and is now unable to work and perform daily activities with any semblance of ease or normalcy. We know how you feel. Welcome to the Law Offices of Brian Robert Murphy, LLC.
Brian Robert Murphy offers years of experience as a trial lawyer and a passionate personal injury attorney in Charleston, South Carolina. He also penned the seminal guide Battle Plan, Your South Carolina Car Accident Claims Guide, that tackles at the molecular level all the steps you need to take to go head-to-head with insurance companies after an accident. Brian is also distinguished as one of the Top 100 Trial Lawyers in South Carolina and Top 40 Trial Lawyers Under 40.Brian Robert Murphy is known for methodically pursuing justice with focused legal goals.
The Law Offices of Brian Robert Murphy, LLC knows the importance of committed representation – and now you can get this committed representation, too. Our clients praise us for handling most of the stressful parts of an ongoing case for them, and we are always there to provide updates and relevant information about ongoing cases. So you will never be in the dark, and we will provide you with the legal services you deserve.
A personal injury lawyer can help in various situations, not just in the event of a truck accident or car accident. Some of the personal injuries where lawsuits can arise include paralysis, disfigurement or scarring, loss of limbs, back injury, spinal cord injuries, burns or fire injuries, electrocution, drowning, catastrophic injuries, and fractured bones or broken bones, and brain injuries.
The plaintiff's counsel would typically offer the plaintiff's testimony, evidence from the attending physician, and in some cases, other related experts who can strengthen the case for the plaintiff. These testimonies will discuss the severity and nature of the plaintiff's injuries. Current and future medical expenditures related to the injuries frequently do not represent the full extent of the damages that can be recovered.
The amount of money a person can collect is not limited to the medical expenditures they have incurred. For example, when a patient is paralyzed in a car or truck accident, the plaintiff may choose to sue both the trucking firm and the driver. The victim may testify primarily about pain and suffering and loss of pleasure in life during the trial. The victim may also call a physician to speak to the court about the source of the paralysis, objective findings, and how severely this paralysis affects patients' lives.
Plaintiffs may need expert testimony from experts like rehabilitation specialists to indicate that they will be unable to work and require domestic services that would otherwise be unnecessary. In addition, the expert will provide evidence of quantities of potential financial losses due to injury.
To dispute the plaintiff's damages claim, the defense attorney will attempt to downplay the injuries sustained. To reply to the plaintiff's damages claim, the defense will typically need to hire one or more experts, including a vocational rehabilitation expert.
The defendant's experts may testify that, on the contrary, the plaintiff can work, and the expert testimony is that the other expert is mistaken. Alternatively, they may testify that the plaintiff is qualified to work in alternative jobs that pay a similar wage and have openings.
The defense frequently attacks the plaintiff's credibility with the events that led to the injuries and the extent to which they constrain the plaintiff. Investigators are hired by insurance companies that insure defendants in various types of claims to investigate suspicious injury claims and perform surveillance on the plaintiff. In general, information from these investigations can be used to discredit plaintiffs if they take place in public locations or online in spaces where there is no reasonable expectation of privacy.
A defense can utilize evidence from a plaintiff's public life, such as social media, to refute their injury claims. Personal injury plaintiffs frequently make errors in judgment by posting images or status updates on social media channels. A sensible defendant's investigator will use publicly accessible material to establish that the plaintiff exaggerates their injuries. For instance, a motorcycle accident victim who makes status updates involving trekking and extreme sports may risk being discredited in deposition or in front of a jury regarding their injuries.
Personal injury law is a branch of civil law concerned with compensating victims of accidents and other personal injuries financially. The plaintiff is the individual who files the case, and the defendant is the person or entity who is purportedly liable for the injury.
These cases typically require intensive preparation and organization of all possible documentation that will strengthen the evidence and claims of the plaintiff for maximum recovery. A personal injury attorney in Charleston will be able to help victims of personal injuries and negligence obtain justice and better financial recovery.
In tragic accidents, the decedent's family may file a wrongful death lawsuit against the person or entity responsible. In some circumstances, there may be numerous guilty parties, and the plaintiff may be able to sue them all to receive the total amount of compensation required for their injuries. The defendant may then assert that another person or business was culpable and name that person or entity as a cross-defendant in action.
In most circumstances, the standard of proof in personal injury lawsuits is lower than in criminal proceedings originating from the same activities. This implies that even if the offender was acquitted of criminal charges originating from the same action, you might be able to recover in a personal injury claim. In most personal injury cases, the goal is to obtain monetary compensation rather than punish the offender.
Personal injury lawsuits can occur from various circumstances, including car accidents, premises liability, professional negligence, and even nursing facility abuse. Note that most injuries are caused by careless or irresponsible behavior rather than intentional behavior. To establish a case, a plaintiff must show the following:
- The defendant's duty of care
- The defendant's breach of the duty of care
- Proximate cause
- Actual causation
- Actual damages that help establish the negligence
The obligations of a defendant vary based on the facts and circumstances. In general, however, everyone has a responsibility to take reasonable precautions to avoid foreseeable damage to others.
A motorist who has had four cocktails, for example, should not get behind the wheel of a car since there is a big chance of a car accident. If a merchant finds a loose handrail on the second level of a business that could cause a consumer to fall, the company must warn customers or replace the loose handrail so that unwary customers are not injured. A premises liability lawsuit can emerge from a failure to warn of a harmful condition. A doctor also has a responsibility to act the same way as a reasonably prudent doctor with equivalent training and expertise. For example, when faced with a potential diagnosis of an illness, they must order the necessary tests. In addition, a medical malpractice complaint may be filed against a doctor who fails to satisfy the professional standard of care.
Failure to establish the aspects of negligence by a plaintiff can lead to the case being dismissed or the defendant avoiding culpability. In addition, the defendant's violations may not be considered the "proximate" or legal cause of the plaintiff's injury if there are numerous intervening events.
Consider a driver who chooses to put on some makeup while driving. To avoid the careless driver, another motorist chooses to switch lanes. A deer suddenly crosses, and the second motorist swerves to avoid hitting the deer. Unfortunately, the second motorist collides with an illegally parked car on the side of the road after the swerve. The illegally parked car and the deer are called intervening factors of the collision. Although the driver was irresponsible in applying cosmetics in the automobile, her actions were not the "proximate" cause of the victim's injuries.
The aftermath of truck accidents, car accidents, and other personal injuries is often stressful, traumatic, and confusing. Victims of personal injuries may be left with severe bodily and emotional injuries, an uncertain future, and the inability to determine how to best proceed. The truth is that you will need representation with a personal injury lawyer in Charleston SC if you're aiming for maximum financial recovery.
Unless you have legal training and experience, you may not know what laws apply to your individual circumstances, such as comparative blame and the statute of limitations on a personal injury claim. Personal injury law is well-understood by an experienced attorney. They can assist you in identifying the legal concerns and legislation that apply to your situation and how they are interpreted in the local court system. When you hire the right lawyer, you also boost your chances of winning your case and getting complete compensation for your injuries, not simply justice or insurance company justice.
Many people involved in car accidents submit insurance claims right away. Unfortunately, you may receive inadequate and unfair reimbursements when dealing with insurance companies without legal representation. Remember that the insurance adjuster is more interested in the company's income than providing you with the total compensation sufficient for your pain, suffering, and other losses.
A personal injury lawyer in Charleston SC will know how to negotiate with insurance companies to help get you the compensation the law provides. They are familiar with the insurance laws that may apply to your accident case and can interpret an insurance policy's coverage, exclusions, and restrictive terms. This will improve your chances of receiving fair compensation for injuries to any part of your body.
The capacity to prove liability in court is critical to a successful auto accident case. Unfortunately, liability may be more difficult to establish than you believe. Even if the other driver is found at fault by the police and witnesses, showing that they were sufficiently reckless to breach a duty of care to you can be difficult.
Winning a vehicle accident lawsuit depends on a variety of things. We strongly advise acquiring the services of a personal injury attorney who is familiar with accident cases. Skilled car accident lawyers can provide case references and citations to back up your claim.
Your claim for a car accident is only as good as the proof you can supply. Your lawyer will collect enough evidence to link your injuries to the accident by thoroughly examining your situation. This information will be needed to substantiate your claim to the insurance company and, if necessary, in court.
In addition to assisting you in gathering adequate information to support your claim, your injury lawyer in Charleston SC will assist you in understanding your settlement choices. Most vehicle accident lawsuits are settled out of court, something you may not be aware of. However, the at-fault party's insurance company may make you a settlement offer.
Your lawyer will explain the implications of accepting their offer, as once you do, you may no longer be able to sue them. The attorney will also assist you in deciding whether to accept the offer or negotiate for a better deal.
My firm is confident in our ability to help people who have been hurt in personal injury cases. So confident, that we guarantee we will recover money for you or we will work for free. That’s right: if we don’t get a settlement or verdict for you, you owe us no fee*.
While our clients are responsible for the expenses of their cases, our firm advances those costs in most cases. Our guarantee applies to attorney’s fees and not to case expenses.
Brian Murphy and his team have been more than helpful and friendly. I appreciated how consistent they were with updating me with regarding the case. They really care.
Personal Injury Client
Brian did a great job with my case and resolved everything quickly and professionally.
Car Accident Client
Mr. Murphy was very professional and helpful. he promptly returned calls and answered questions. He was friendly and we were extremely pleased with the services he provided to us.
Personal Injury Client
Law Offices of Brian Robert Murphy, LLC Charleston
170 Meeting St, Suite 110
Charleston, SC 29401
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Friday 9AM - 1PM
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Law Offices of Brian Robert Murphy, LLC
Disclaimer: The information here is not legal advice nor is there an attorney-client relationship created by reading it. Copyright 2022 by the Law Offices of Brian Robert Murphy, LLC. Our lawyers practice out of our offices at 170 Meeting Street, Suite 110, Charleston, SC 29501, 301 N Main St Ste 1103, Greenville, SC 29601, and our principal office at 1926 India Hook Rd Rock Hill, SC 29732.
*We will not charge you attorneys fees unless and until we recover money for our clients. Fees are computed before deducting expenses from the recovery. Court costs and expenses must usually be paid by the client regardless of the amount of the recovery.
Results we obtain for one client does not necessarily mean we can get similar results for other clients.