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 at Miller, Dawson, Sigal & Ward will assist you every step of the way. We will ensure that you get the best settlement possible for your damages.
Determining Liability Is the First Step in a Car Accident Case
Before you can file a claim or a lawsuit, you must first assess who is liable for damages in a car accident case. There are many parties that could potentially hold a level of fault for a car crash, including:
- The drivers of any vehicle directly involved in the collision
- A third party driver or pedestrian whose actions caused the accident to occur
- The manufacturer of any of the vehicles involved
- Any maintenance company that recently worked on the vehicles
- A parts manufacturer
- The government body responsible for the maintenance of the road where the accident occurred
An experienced car accident lawyer in South Carolina can investigate your accident and help determine who was at fault for your collision.
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 are less than 50% responsible for the accident that caused it.
If you are 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 were 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 are making an investment to get the maximum amount of compensation for your claim.
An Experienced Car Accident Attorney Is Your Best Defense Against the Insurance Companies
The reason that insurance companies try to dissuade accident victims from hiring attorneys has nothing to do with protecting the victim and everything to do with protecting their bottom line. Despite countless ad campaigns to project themselves as your friendly neighbor looking to help you in your time of need, insurers are really only concerned with making and keeping money.
These companies hate to pay out insurance claims and will go to great lengths to deny and devalue claims. They know that if you have legal representation, their bag of tricks for paying out as little as possible will be rendered useless. An experienced car crash attorney can help level the playing field.
The best way to protect yourself is to decline to give any statement or accept any settlement offer until you have legal representation. We can fight to ensure you get the most money from your car accident possible.
How Our South Carolina Car Accident Lawyers Help You
Retaining one of our car accident lawyers in South Carolina from the Thumbs Up Guys can help you in many ways. Our legal s 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 s in various fields to support your claim
- Allow you to focus on healing and recovery while we handle all 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. However, 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 are 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 occurred
Our car accident lawyers in South Carolina can review your case to see if you qualify for punitive damages.
South Carolina’s 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 is 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. Hiring a lawyer early is the best way to ensure that all deadlines are met and that you do not lose your right to recover fair compensation.
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. Call us by phone or contact us online to get started.