A car crash can result in serious injuries. If you’ve been on the wrong end of one, a Charleston personal injury lawyer can help you file a claim.
Dealing with insurance companies can be stressful, especially when you’re trying to recover from a car accident. But you don’t have to handle them alone.
Since 2018, The Thumbs Up Guys at Miller, Dawson, Sigal & Ward have recovered millions for our clients. If you’ve been in a car crash, a Charleston car accident lawyer can help you secure financial compensation.
Call a Car Accident Lawyer in Charleston Today
Our Charleston car accident lawyers have your back. If you have sufficient grounds for a claim, The Thumbs Up Guys are ready to help you form a successful case for the compensation you deserve.
With no upfront costs required, our legal team will represent you on a contingency fee basis. This means we do not get paid unless we win your case. Get started with a free consultation today.
For a free legal consultation with a car accidents lawyer serving Charleston, call (843) 380-8350
Our Charleston Car Accident Lawyers Know What You’re Going Through
If you’ve been in a car accident, we understand the pressure you are under right now. The days after a collision can be such an overwhelming and confusing time for an individual, especially one suffering from injuries. You’re tired, stressed, in pain, and looking for answers.
We want you to know we’re here for you. We’re here to answer your questions and guide you through the steps involved in your case. Our Charleston car accident attorneys take great pride in meeting our clients’ needs.
Charleston Car Accident Lawyer Near Me (843) 380-8350
Common Injuries Our Charleston Car Accident Attorneys See
Some of the most common car accident injuries we see in Charleston include:
- Broken Bones: If you suffered any broken bones in an accident that wasn’t your fault, you may be able to get compensation for X-rays, casting, prescriptions, and more.
- Head Trauma: Traumatic brain injuries (TBIs) are very common in car accident cases. They can include concussions, brain contusions, diffuse axonal injuries, and more.
- Back and Spinal Cord Injuries: A back or spinal cord injury is very serious and can result in a large settlement. These injuries can include thoracic and lumbar injuries, herniated discs, and more.
- Soft Tissue Injuries: The shock of a vehicle hitting your car can throw your whole body into sudden motion. This type of jolt can cause soft tissue injuries like whiplash.
- Lacerations: Broken glass or jagged metal can cause deep, life-threatening cuts in the skin. If you sustained lacerations deep enough to warrant medical attention, you may be able to get compensation for your pain and suffering.
Our Charleston car accident lawyers are ready to help if you’re an injured car accident victim.
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Statute of Limitations in South Carolina
The statute of limitations is a time limit on the filing of lawsuits. According to South Carolina code §15-3-530, your car accident lawyers in Charleston will have three years from the day of your accident to file your personal injury claim.
While this may seem like plenty of time, it’s important to take action as soon as possible. No two cases are the same, and waiting to file your claim can cause you to miss out on your chance of receiving compensation for your losses.
The statute of limitations encourages a swift resolution for all parties involved. Without it, an individual could threaten a lawsuit against the liable party indefinitely. Additionally, as time erodes the legitimacy of evidence in a case, the case becomes more difficult to resolve.
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Who Can Be Liable for a Car Accident in SC?
In South Carolina, multiple parties can potentially be held liable for a car crash, including:
- The other driver, if they were negligent or reckless
- Vehicle owners, if they negligently entrusted the vehicle to an unfit driver
- Employers, if the at-fault driver was acting within the scope of their employment
- Auto manufacturers, if a vehicle defect contributed to the crash
- Government agencies, if poor road maintenance or traffic control caused the accident
A personal injury lawyer in Charleston can conduct a thorough investigation to determine who should be held accountable for your damages.
How Will My Car Accident Lawyer Prove Negligence?
For a claim to be successful, it must prove negligence. In other words, if you wish to receive compensation from the responsible individual in your car crash, you must prove they were behaving recklessly. To do this, you will need to demonstrate that:
- The other individual was acting in a way that was without care or concern for the safety of others.
- It was this individual’s reckless actions that led to your accident.
- The wreck was a direct cause of your injuries.
In Charleston, negligent driving is unfortunately common. According to the 2023 edition of the South Carolina Department of Public Safety’s South Carolina Traffic Collision Fact Book, there were over 16,000 traffic collisions in Charleston County in 2023, 70 of which were fatal. Some of the most common types of negligent driving in Charleston include:
- Distracted driving
- Drunk or impaired driving
- Speeding or reckless driving
- Failing to yield or obey traffic signs
- Drowsy driving
- Tailgating
- Running red lights or stop signs
How Will I Know if I Have a Valid Claim in South Carolina?
Each case has distinctive circumstances that impact its validity. Ultimately, you will need an attorney to confirm this for you. These are some common factors that personal injury attorneys use to evaluate car accident claims:
- Liability: Is there another driver or party responsible for the auto accident and your injuries? Simply being injured in a car accident does not automatically mean you are entitled to compensation for your injuries. You need to prove that another party was responsible for causing the accident, and their actions led to your injuries.
- Car Accident Evidence: Even though you know someone else is responsible for your injuries, you cannot receive compensation if you cannot prove they caused the car wreck. Evidence includes police reports, eyewitnesses, medical records, and photos from the scene of the accident.
- Case Value: Seeking medical care helps support your claim and documents your injuries and pain and suffering. Ultimately, your case needs to be worth enough as a result of your medical bills, lost wages, and pain and suffering to justify hiring a car accident attorney. Your car accident claim is more than just the money. It’s about seeking justice and preventing future injuries from happening because the defendant continued to drive carelessly.
Types of Car Accidents in Charleston
Some of the most common types of collisions that occur in Charleston are:
- Rear-end collisions
- Head-on crashes
- T-bone or side-impact collisions
- Rollover accidents
- Sideswipe accidents
- Hit-and-run incidents
- Single-vehicle crashes
- Multi-vehicle pileups
- Commercial vehicle accidents
Frequently Asked Questions About Car Accidents in Charleston, SC
Here are answers to some of the most frequently asked questions about car accidents in South Carolina.
How Will I Receive Compensation?
The defendant’s insurance company may make things difficult in negotiations. Just because the police report lists the other driver as being at fault, it doesn’t mean their insurance company will take responsibility. Your attorney will fight for your right to compensation.
Once legal negotiations are through and a total amount of compensation has been decided, the at-fault individual’s insurance company will ask that you sign a release of all claims. This ensures that you will not reopen the case.
What if I Am Partially to Blame for the Car Accident?
If you believe you share any percentage of fault in the wreck, do not inform the other party of this information, or even say that you’re sorry. This can be used against you in legal proceedings.
If it is discovered that you are partially to blame for the accident, the total amount of compensation you can receive may be affected. According to South Carolina code §15-38-15, if you do share some degree of legal liability, the amount of compensation you’re entitled to receive will be reduced by an amount that is equal to your percentage of fault.
If you are found to be more than 50% at fault, you will not be able to collect any compensation.
What Damages Can I Claim in a Charleston Car Accident?
There are three types of damages in personal injury cases:
- Punitive damages: These are generally only applicable in the most egregious cases in which the other driver acted with willful, wanton, or reckless behavior. They’re set as a form of punishment for the defendant.
- Economic damages: These are the real financial losses you’ve suffered from the accident. They can be totaled up through bank statements, bills, and receipts.
- Non-economic damages: These do not have a dollar figure attached to them. They can include your pain and suffering, emotional distress, and reputational damage.
Do I Need a Police Report After a Car Accident?
It’s always important to contact the police after a car accident so they can make sure everyone is safe and so a police report may be filed. You will likely be asked to retell your story several times, and a police report can help you remember the details and keep them straight.
The police report can also serve as valuable information to help you and your car accident attorney build your case later on.
What if I Make a Mistake At the Scene of the Accident?
It can hurt your case later if you say “I’m sorry” at the scene of the accident. Making mistakes like these can be costly, but it isn’t always the end of the world. As soon as you’re able, contact our Charleston, SC, car accident lawyers so we can help you take the right steps and avoid any further mistakes.
Should I Talk to the Insurance Company?
After you’ve secured legal representation, it’s in your best interest to direct the insurance company to talk to your lawyer. Always remember that they are not on your side, and they are not your friend.
The insurance adjuster’s job is to get away with paying you as little as possible—or to get out of paying for your claim altogether. Don’t volunteer any information to them, and don’t sign any paperwork. If you do, you could potentially lose out on the compensation you deserve.
Contact a Car Accident Lawyer in Charleston
The car accident claims process can be long and complicated, but you don’t have to navigate it on your own. A Charleston car accident attorney from The Thumbs Up Guys can guide you through the process and fight for fair compensation on your behalf.
Schedule a free case review to begin seeking justice.
Call or text (843) 380-8350 or complete a Free Case Evaluation form
