Truck accidents happen every day in America, in major cities and resort towns like Hilton Head, South Carolina. Where there are trucking accidents, there are personal injury lawyers ready to represent the interests of the injured from negligent operators and companies.
If you’ve been hurt in a trucking accident, the Hilton Head truck accident attorneys at Miller, Dawson, Sigal & Ward Injury Attorneys want to help you pay your bills, cover your lost wages, and get additional compensation for your pain and suffering. Here’s how we can help you.
Who do I Sue in a Truck Accident Claim?
In most vehicle accidents, an accident may not reach the point of a lawsuit. Instead, an insurer will pay you a settlement. Sometimes, that offer is fair. Many times, it’s not. A truck accident lawyer can advise you on which is the case for your situation.
If it should come to a lawsuit, there are several possible parties that could be involved. These include:
- The truck driver
- The trucking company
- The repair company used by the trucking company
- An equipment manufacturer
- Another driver
- The person or company responsible for securing a load
Figuring out who was negligent in these cases and thus eligible for a lawsuit can be tricky. Fortunately, you have a truck accident attorney in Hilton Head that can sort out the legalities while you focus on healing.
What Are the Possible Damages I Can Recover?
In a personal injury case, damages are the kinds of legal injuries you’ve suffered. Compensation is meant to repair these. Economic damages are anything that you can tie to a specific dollar amount, including things like:
- Lost wages
- Medical bills
- Repair bills
- Cost of future care
- Medical devices and prescriptions
Non-economic damages are things like pain and suffering or loss of consortium in a fatal trucking accident case. Since these damages look to compensate you for irreplaceable losses, the money received for non-economic damages often makes up the largest part of a compensation package.
There is a third category known as punitive damages. These are added when the court wants to punish the at-fault driver for their negligence. Trucking companies are especially vulnerable to these kinds of damages because they’re held to a higher standard.
When we assess the damages of your case, we’ll make sure you get the most value out of your injury claim.
The Cost of Hiring a Personal Injury Lawyer
One of the biggest deterrents from hiring a truck accident lawyer after an accident is concern over the cost of doing so. Many people believe that they can not afford to hire an attorney. Fortunately, this worry is unfounded.
With many other types of lawyers, it can cost a small fortune to obtain their services. However, this is not the case with personal injury attorneys. Instead, these lawyers work on a contingency fee basis. That means that they only get paid if they are able to recover compensation for their clients.
If your attorney is able to secure you a payout, they will receive a prearranged percentage of that amount. Under this system, you can rest assured knowing that you will never have to pay a single penny out of your own pocket. Additionally, you can be confident that your attorney will do everything they can to ensure you receive a large settlement or court-awarded payment.
Speed Is Crucial When Filing a Truck Accident Claim
Many commercial trucks are now required to carry black boxes. These record information about the condition of a vehicle during a crash and can be used by investigators to reconstruct what happened.
The sooner we can get access to that data, the better. If you wait too long, that data could get erased before you can use it in your case, putting you at a significant disadvantage. With help from the Hilton Head truck accident attorneys at Miller, Dawson, Sigal & Ward, we can obtain that data before it’s gone.
You also don’t want to wait too long before filing a claim. Per the statute of limitations outlined in S.C. Code § 15-3-530, you have three years to ensure a timely filing of a personal injury claim. While that may seem like enough time, it can be challenging to assess the damages or severity of your injuries until months or years later.
Comparative Negligence in South Carolina
When it comes to personal injury cases in South Carolina, the state works on a fault-based system, using what is known as comparative negligence. With comparative negligence, multiple parties can be assigned a percentage of the blame for an accident. If you are determined to be partially at fault for a truck accident, the amount you can recover will be directly affected.
With comparative negligence, the full value of your claim is weighed against your percentage of liability. The amount you are eligible to receive is reduced by the percentage of your fault. For example, if you were 20% at fault for an accident, you will only be able to recover 80% of your total damages.
If your level of fault is over 50%, you are no longer able to recover compensation from another party. Instead, others involved in the accident will likely attempt to recoup damages from you.
Let Our Truck Accident Lawyers in Hilton Head Help You Win Compensation
Facing the lawyers of a trucking insurance company is something you don’t want to do alone. They know all the legal loopholes that could pose barriers to recovering fair compensation. Fight back with the Thumbs Up Guys.
If you’ve been injured in a wreck with a commercial 18-wheeler, we have Hilton Head truck accident lawyers at Miller, Dawson, Sigal & Ward ready to help you win compensation. To get started, call us or use our contact form to schedule a free consultation.