The South Carolina Department of Public Safety reports in their factbook that there was one fatal car accident every 9.4 hours and one injury from a car accident every 13.6 minutes in 2019. If you are a victim of a car accident, you have rights under the law to file a claim for compensation.
Instead of accepting an insurance company’s lowball settlement offer, you need legal counsel in your corner to protect your rights. Our South Carolina car accident lawyers will assist you every step of the way. We will ensure that you get the best settlement possible for your damages.
The Law Allows You to File a Claim for Your Car Accident
South Carolina is not a no-fault state, so the law entitles you to file a claim against a negligent driver. Under the Official Code of South Carolina Annotated (OCSA) § 15-38-15, you can file a claim for any personal injury so long as you’re less than 50% responsible for the accident that caused it.
If you’re found more than 50% responsible, you won’t be able to file a claim. Any percentage below 50% is acceptable, but whatever rate you are responsible for will get deducted from your final settlement reward. To prove that you weren’t at fault or less than 50% responsible, you’ll need evidence and a solid case backing up your claim.
How Expensive Is It to Retain a South Carolina Car Accident Lawyer?
One of the main reasons why car accident victims hesitate to meet with a lawyer is the fear that it will be expensive. In addition, insurance adjusters may visit and make false claims that law firms are only out there to steal settlements away from innocent people with absurd legal fees and other charges.
This couldn’t be more wrong. Our car accident attorneys in South Carolina will never take any payment upfront. We only accept payment if we win compensation on your behalf. There is no risk or obligation when you get a free consultation with one of our attorneys.
Retaining a lawyer has many benefits that you shouldn’t forego. When you get a strong lawyer on your side, you’re making an investment to get the maximum amount of compensation for your claim.
How Our South Carolina Car Accident Lawyers Help You
Retaining one of our car accident lawyers in South Carolina can help you in many ways. Our legal experts can:
- Help you gather all the critical evidence related to your car accident, such as medical records, police reports, witness testimonies, surveillance footage, etc.
- Consult with experts in various fields to support your claim
- Allow you to focus on healing and recovery while we handle all of the legal work in your claim
- Provide answers to any questions and sound legal advice
- Calculate all your damages accurately and ensure nothing gets left out
- Handle the insurance companies and any communication with other parties
- Take your case to trial if necessary
We won’t stop until we reach a fair settlement. Our main goal is to see you get the compensation you deserve for your damages.
What Kind of Damages Can I Collect After a Car Accident?
You can receive compensation for a variety of damages related to your car accident, including:
- Lost wages
- Medical expenses such as hospital visits, physical therapy, psychological services, assisted living, medical equipment, etc.
- Pain and suffering
- Emotional trauma and mental anguish
- Loss of enjoyment of life
- Loss of consortium
- Wrongful death
- Disability or disfigurement
Even if your damages aren’t listed above, you can factor them into your settlement so long as your car accident caused them.
You Can Also Recover an Award for Punitive Damages
Punitive damages don’t apply to every car accident, but South Carolina law allows you to receive an award for them if your accident qualifies. Punitive damages are different from regular compensatory damages because they’re mainly a form of punishment for the at-fault party for egregious negligence or wrongdoing.
There are caps on punitive damages, but they get removed if:
- The driver was operating their motor vehicle under the influence of any drug or alcohol.
- The driver willfully intended to cause you harm or caused the accident out of maliciousness.
- The driver was committing a crime when the accident happened.
Our car accident lawyers in South Carolina can review your case to see if you qualify for punitive damages.
Statute of Limitations
The statute of limitations for car accidents in South Carolina is three years from the date of the accident. If the statute of limitations expires, there’s little you can do to recover financial compensation. Therefore, you don’t want to wait long to begin building a strong case for your claim. The earlier you start, the better chances you have of getting the best settlement possible.
Get Your Free Consultation Today
Schedule an appointment for a free consultation with one of the South Carolina car accident attorneys at Miller, Dawson, Sigal, & Ward today. With years of experience and millions of dollars recovered for our clients, you can trust our firm to fight hard on your behalf.