(843) 374-4529
If you’ve been injured by another driver’s negligence in a car crash, you’re facing serious losses that could be life-altering. Because obtaining fair compensation is critical to your ability to recover, defending your legal rights is key. If this is the difficult situation you find yourself in, it’s time to consult with an experienced Kingstree, SC, car wreck attorney.
The Elements of Your Claim
To bring a successful car wreck claim, you’ll need to prove each of the following elements:
- The other driver had a responsibility to your safety, which is established right out of the gate. Further, they failed to live up to this responsibility, which is where driver negligence, such as distraction, impairment, or excess speed, enters the picture.
- The other driver’s negligence was the direct cause of the car crash.
- You suffered legal damages as a result.
Legal Damages
Your legal damages refer to the covered losses you suffered because of the at-fault driver’s negligence, and they break down into each of the following categories:
- Property damage to your car and its contents
- Your medical costs, which may need to address ongoing healthcare needs
- Your lost income, which may need to address lost earning potential
- Your physical and emotional pain and suffering, which can be considerable in the face of a violent car wreck
Your trusted car wreck lawyer will take the steps necessary to ensure that your complete losses are well represented in your car accident claim, which can make a big difference in how it is resolved.
Determining Fault
In order to obtain the compensation, you deserve, you’ll need to prove the other driver’s negligence. For that, you’ll turn to your practiced car wreck attorney, who will carefully gather and skillfully compile all the evidence relevant to your claim, which can include all the following:
- The police report, including any tickets written, such as for impairment or speeding
- The testimony of eyewitnesses
- Photos and videos captured at the scene
- Footage from security cameras, dashcams, and traffic cameras in the area
- Accident reconstruction models that provide a visual representation of the details involved
- The expert testimony of professionals in fields relevant to accident mechanics
- Physical evidence gathered at the scene, such as skid marks, the vehicles’ landing positions, paint transfer from car to car, and damage to the car bodies
Proving that the other driver’s negligence caused the injuries you suffered is critical to recovering compensation for your complete losses, and a practiced car wreck attorney can help make that happen.
Frequently Asked Questions About Car Accidents in South Carolina
What should I do after a car accident in South Carolina?
If you are involved in a car accident in South Carolina, your first concern should be your health and safety. Even if your injuries appear to be minor, you should seek medical attention. Call law enforcement, exchange insurance and contact information with the other driver and take pictures of the vehicles, road conditions and accident scene, if possible. Keep copies of medical records, estimates of repairs, and other expenses related to the accident. Speaking to a Kingstree car accident lawyer can help you understand your rights and protect your ability to pursue compensation.
How long do I have to file a car accident lawsuit in South Carolina?
In most cases involving injuries from a car accident in South Carolina, the statute of limitations is three years from the date the cause of action accrued. There are exceptions to this. It is contingent upon the circumstances. Special situations, claims against government entities, etc. Missing an applicable filing deadline can prevent you from pursuing compensation, so it is important to discuss your case with an attorney as soon as possible.
What compensation can I recover after a car wreck in South Carolina?
If your accident was caused by another driver’s negligence, you may be entitled to compensation for a number of different types of losses. These may include medical bills, future medical treatment, lost wages, decreased earning capacity, vehicle repairs or replacement and physical pain and suffering. The compensation available depends on the severity of your injuries, the evidence establishing fault, and the overall impact the accident has had on your life.
What happens if I was partially at fault for a car accident in South Carolina?
South Carolina is a comparative negligence jurisdiction. This means that you can still get compensation if you are partly to blame for an accident as long as your percentage of blame is less than the other party’s. However, your recovery will be reduced by your percentage of fault. If you are determined to be more than 50% at fault, you generally cannot recover damages. An attorney can investigate the accident and challenge attempts by insurance companies to place an unfair share of the blame on you.
What if the driver who caused my car accident does not have insurance?
If your accident was caused by an uninsured driver, you may still have options to pursue compensation. South Carolina requires automobile insurance policies to provide uninsured motorist coverage that may help pay for covered injuries and property damage caused by an uninsured or hit-and-run driver. How a claim can proceed will depend on your insurance policy and the circumstances of the accident. A car wreck attorney can help you understand your coverage and available options.
Reach Out to an Experienced Kingstree, SC, Car Wreck Lawyer Today
Cezar McKnight at The Law Offices of Cezar McKnight – proudly serving Kingstree, SC – is a seasoned car wreck attorney who is committed to tirelessly advocating on behalf of your rights – and in focused pursuit of your rightful compensation. Cezar has earned an impressive reputation for guiding challenging claims toward optimal outcomes, and he’s here for you, too. Learn more by contacting us online or calling 843-374-4529 today.