Practice Areas

Spartanburg Attorneys Representing Injured Individuals

If you are suffering from a serious injury or medical condition, you may be concerned about how you will pay for hospital bills, rent, food, and other expenses. The Spartanburg personal injury lawyers at Lee Law Offices provide experienced legal representation to people who have been hurt or disabled. We handle accident cases, workers’ compensation claims, and Social Security Disability matters. Different standards apply to these areas of law, which means that even if you may not qualify for compensation under one set of rules, you may be able to recover compensation through a different pathway. Our attorneys can help you pursue all available options. We represent people in many areas of both North Carolina and South Carolina.

Personal Injury

Devastating harm can result from many types of accidents, such as motor vehicle collisions, slip and falls, nursing home negligence and abuse, and animal attacks. Most personal injury lawsuits require a plaintiff to prove a defendant's negligence.

In both North and South Carolina, a plaintiff who is trying to prove negligence must establish the defendant's duty of care to the plaintiff, a breach of duty, a link from the breach to the plaintiff's injuries, and actual damages. The statute of limitations to bring a lawsuit in both states is three years from the date of the injury. Damages that a successful plaintiff may recover include medical bills, lost income, and pain and suffering.

Defendants often argue that a plaintiff was partially to blame for the injuries. Both North and South Carolina follow the doctrine of modified comparative negligence. This means that the amount of compensation that you can recover as a plaintiff is reduced by an amount equal to your degree of fault. You are barred from recovering compensation only if you are found to have been 50 percent or more at fault. For example, if you were 20 percent responsible for a car accident in which you were hurt, you still may be able to receive compensation for up to 80 percent of your damages from a defendant.

Wrongful Death

A wrongful death action may be appropriate after a tragic loss of life caused by someone else's misconduct or negligence. Generally, you would need to establish negligence as well as your right to recover compensation. In North Carolina, a personal representative of the victim’s estate can file a civil lawsuit for damages. In South Carolina, the executor or administrator of the victim’s estate must file suit. However, wrongful death claims are pursued in order to recover damages on behalf of the victim’s family members. Damages are usually based on their relationship to their loved one, as well as any expenses that resulted from the fatal accident.

Workers' Compensation

The workers' compensation system is an exclusive remedy for people who are hurt on the job. This means that it is generally the only recourse available to employees who suffer job-related injuries, except for third-party claims against defendants other than their employers or co-workers. Workers' compensation benefits are awarded without regard for fault. Even if you were completely responsible for your own injuries, you can still recover benefits. Unfortunately, an insurer may not always award benefits for a deserving claim, and an attorney may be essential in gathering evidence to present a persuasive claim or in guiding you through the appeals process.

Social Security Disability

Federal Social Security Disability Insurance (SSDI) is intended to provide financial assistance to people who cannot work due to a disabling injury or illness. Applying for SSDI can be challenging because you bear the burden of proving your disability. The Social Security Administration (SSA) will use a five-step process to evaluate the claim, asking whether the claimant worked during the disability period, whether he or she suffered a severe impairment, whether the impairment met or equaled the requirements of a listed impairment, whether the worker could return to past work or perform relevant work, and whether he or she could find other work in the national economy.

Consult an Experienced Personal Injury Lawyer in Spartanburg

At Lee Law Offices, our knowledgeable Spartanburg personal injury attorneys help people who have been hurt or become disabled find a way to recover compensation from the appropriate sources. We serve injured individuals in many cities across South Carolina, such as Spartanburg, Greenville, Anderson, and Rock Hill, as well as in North Carolina cities such as Charlotte, Asheville, Greensboro, and Winston-Salem. Contact us at 800-887-1965 or via our online form for a free consultation with a personal injury or wrongful death attorney. We also can assist people who need guidance with a workers’ compensation or Social Security claim.