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Personal Injury

What Qualifies as a Personal Injury Case?

There are some legal requirements that are specific to each practice area, and those will be addressed first, followed by what is required in all Personal Injury cases.

Car Accidents

You must establish that you were not at fault in the accident, or if both parties could be at fault, that the other party was more at fault than you were. It all starts with the police officer’s investigation. If the police officer determines that you were not at fault and the other party was at fault, you have established the first requirement. Occasionally, a police officer makes a mistake in the party at fault, however you should talk to a Car Accident Lawyer serving Charleston should you believe you were faulted when you should not have been. At the conclusion of the police officer’s investigation, he or she should hand you a form called an FR-10, and it will usually contain indications of the party-at-fault.

Slip and Falls

You must establish that the owner of the premises where you were injured was at fault. These cases are tougher than Car Accidents as to this requirement because you do not get a police officer who investigates the incident. Usually, all you will get, if you insist, is the filing of a report by an employee or manager of the premises, and they generally write them to make it look like they were not at fault (if they see an opportunity to do so).

Since there is no independent investigation, you and/or your attorney have to develop a strong theory of liability against the owner. For example, you walk into a grocery store and encounter some water and fall, however there is no apparent source for the water. This may be a tough case. How about if you walk in and slip on a vegetable on the floor? This also may be a tough case because another patron may have just dropped it on the floor. Some people think if you slip and fall on another person’s property, you automatically have a case, but this is not true. You need to talk to a Slip and Fall Attorney serving Charleston to get a proper evaluation of the case.

Products Liability

In these cases, you have to establish fault on the part of the manufacturer. These cases are generally more difficult and complex than Car Accidents and Slip and Falls. In order to establish a solid theory of liability, your attorney must, at times, venture into uncharted territory.

Other Requirements for All Cases

In general, you have to seek medical treatment in order to have a case worth pursuing. You may also need to seek the medical treatment without much delay from the day and time of injury. It is generally also best to continue your medical treatment continuously until it is completed. Gaps in treatment are not preferred.

For more information on each of these areas of practice, please click on the below links.

Client Reviews
“Attorney Trey Merck did a great job for me when I was going thru probate on my brother, He kept me well informed and explained things. I didn't have to pay upfront.. Everything went smoothly. He is a very nice person and I would definitely use his services again if I need to.” - Jackie
"Mr Merck helped me through the long process of medical disability. He was kind, patient, helpful, compassionate .... a very kind human being. He always went above and beyond to help me. I was so grateful for meeting him during g a difficult time in my life. I would highly recommend him to anyone." - Jody
"Trey Merck was kind and patient as he worked with me in a personal injury claim that involved myself and my husband, who died prior to settlement. He gently guided me through a process that could have been impossible for me to untangle alone. He had great organizational skills and was always available when needed.. He possess a quiet confidence that puts you at ease and assures you that he is being thorough.. I highly recommend him." - Debbie