Greer, SC Car Accident Lawyer

Even when drivers are as careful as possible, they might still be injured in accidents caused by other negligent drivers. Accidents are known to be expensive, and you should not have to be financially burdened because another driver was reckless behind the wheel. There might be multiple legal options worth looking into, including insurance claims and injury lawsuits. Your attorney can help you through this challenging time.

After a car accident, call for help immediately. Even if your injuries do not seem severe, get checked by a doctor right away. You should also contact an attorney as soon as you can so they can begin preparing your claim. To do so, we need evidence from the accident, such as photos, witnesses, and records of your injuries from the hospital. If we are short on evidence, the police report might be used as a guide to find more, depending on the extent of the police investigation. It is best to speak to a lawyer soon, as significant damages might be on the line.

Get a confidential assessment of your case for free when you call our car accident lawyers in Greer, SC at Rice, Murtha & Psoras at (803) 219-4906.

Steps to Take After Being in a Car Accident in Greer, SC

Car accidents are unpredictable. Some are relatively minor, with few injuries and minimal damage. Others are extremely dangerous, and drivers and passengers might be badly hurt. If you are in an accident, the first thing you should do is call 911, even if the accident seems less than serious. Even minor injuries might lead to big hospital bills you cannot afford, and the other negligent driver should be held responsible.

When you call 911, make sure they dispatch the police to your location. Again, getting the police involved might seem like overkill in a minor collision, but the police may investigate the crash and write a report. Often, insurance companies want to see a copy of an official police report before they pay out a claim. Alternatively, the police might uncover evidence we were unaware of, which our car accident lawyers may use in an insurance claim or injury lawsuit.

If you can, exchange information with others at the accident scene. This may include other drivers, passengers, people who stopped to help, and pedestrians who passed by. Not only do you need the other driver’s personal information to begin a legal claim for damages, but you should also have information from others so they can be contacted later to provide witness testimony.

After you have received medical treatment and the dust has largely settled, talk to a lawyer about your legal options. While many injured drivers file insurance claims after an accident, this is not always the best option. If your damages far outweigh the other driver’s insurance policy limits, or maybe the other driver is uninsured, you might want to file a personal injury lawsuit.

Filing a Lawsuit or Filing an Insurance Claim for a Greer, SC Car Accident

In South Carolina, all drivers are required to have insurance on their vehicles. As such, when accidents happen, drivers often file insurance claims as their first legal action. For many, the insurance claims process turns out in their favor, and their damages are covered. For others, insurance does not satisfy all their needs, and an injury lawsuit might be the best way to cover damages.

South Carolina follows a fault-based insurance system regarding auto insurance. When injured, drivers can file third-party claims with other drivers’ insurance. Before getting any compensation, you must prove to the insurance company that the other driver is at fault for the crash. Insurance companies may try to poke holes in your claim, reduce your compensation, or deny your claim. Alternatively, the other driver might be uninsured, and you cannot file a claim to cover your costs. In such circumstances, a lawsuit might be the best choice.

If you are unsure which path is best for your case, speak to an attorney. It is not unusual for drivers to face push-back from insurance companies. After all, insurance companies are not impartial decision-makers. They want to save money and will deny your claim if they find a way. In a lawsuit, the insurance company does not get to decide who is liable, and the judge must be impartial. Not only that, but your lawsuit is not restricted by the other driver’s insurance policy limits, and you can claim the full spectrum of your damages.

The Right Time to File an Auto Accident Case in Greer, SC

You might be overwhelmed in the aftermath of a car accident, and it is understandable to need some time to rest, recover, and carefully consider what you want to do regarding legal action. Take the time you need, but avoid waiting too long, as you are under a very strict time limit.

According to S.C. Code Ann. § 15-3-530(5), plaintiffs in personal injury cases have only 3 years to file their case, and the clock starts counting down on the day they are initially injured. At first, this might sound like plenty of time to begin a lawsuit but do not be fooled. Preparing a lawsuit takes time, often more time than it takes to actually try the case in court. Your 3-year time limit might come and go much faster than you anticipate.

If your time is running out, there might be ways you and your lawyer can buy some extra time, but only if very specific conditions exist. This is referred to as tolling, and the statute of limitations may only be tolled in very specific cases. For example, according to § 15-3-40, you have the statute tolled if, at the time of the car accident, you were a minor or had a mental disability that prevented you from fully understanding your legal rights. The limitation period would not begin in such cases until the plaintiff turns 18 or their disability is removed.

How to Get Evidence to Support Your Greer, SC Auto Accident Case

Evidence can be very tricky because it comes in all shapes and sizes. Since no two car accident cases are exactly the same, it makes sense that each case will require a unique set of evidence. The evidence needed for your case and where to find it should be thoroughly discussed with an attorney as soon as possible. If you do not act quickly, important evidence might be lost forever.

It is pretty normal for drivers in accidents to take pictures and record videos of the accident scene, usually to send to insurance companies as evidence of damages. These photos and videos may also be entered as evidence in court. In fact, if certain details about the accident are disputed, your photos and videos might be necessary to prove your side of the story.

In particularly complex cases where the cause of the accident is not entirely clear, our car accident attorneys can work with accident reconstruction experts to scientifically recreate the crash. The reports from these experts can be extremely helpful and are often hard for defendants to refute because they are based on scientific evidence and methods.

We should also work on gathering copies of your medical records from when you were treated for your injuries from the crash. These records are often needed to prove the extent, severity, and cost of injuries. Our legal team can assist you in obtaining copies of your medical records, as it might be difficult to get them on your own, especially if your treatment was extensive and your records voluminous.

Do I Need a Police Report for a Car Accident in Greer, SC?

Not all accidents are reported to the police. For example, people involved in minor fender benders usually do not bother calling the police and might just deal with the issue privately. However, if your accident was a little more than just a fender bender, you should call the police and have them come to the scene. The other driver might tell you this is unnecessary or a waste of time, but you might need a copy of the police report.

Police reports are often very important in insurance claims. Insurance companies deal with fraudulent claims all the time, and they are always on the lookout for claims that are less than honest. They often require a copy of the police report to start processing your claim. The official report is usually a good indicator that the claim is truthful and not fraudulent.

Unfortunately, the police report is usually not admissible as evidence in a court of law. This is because the report is compiled based on second-hand information gathered by police officers who did not witness the crash themselves. In short, the report is likely inadmissible because it violates the rule against hearsay evidence.

While we might not enter the report itself into evidence, we can still use it to find evidence that the police might have uncovered in their investigation. For example, while you were being taken to the hospital after the crash, the police might have spoken with witnesses at the scene and included their contact information and statements in the report. We cannot use their statements from the report as evidence, but we can use the report to find the witnesses and have them testify in court.

What to Do if the Other Driver Flees the Scene of a Car Accident in Greer, SC

In the event of an accident, drivers are supposed to pull over, check to see if anyone is hurt, call emergency responders, and wait for help to arrive. Leaving the scene of an accident before the police arrive may be considered a hit-and-run, and the person who fled may be criminally charged. This can complicate your civil case in a number of ways.

First, the fact that the other driver fled the scene means you might not be able to begin a lawsuit right away. If they fled before they could be identified, you likely have none of their personal information, and you cannot sue them because you do not know who they are. Call the police immediately and inform them of the hit-and-run. Since this is a serious offense, the police may investigate and track down the other driver. When they do, you and your lawyer can get to work on preparing a civil lawsuit.

Second, your civil case might have to wait if the other driver is criminally charged. Your civil case might take a backseat to criminal proceedings against the other driver. Talk to your lawyer about how long criminal hearings may last. When criminal proceedings are complete, your lawsuit may begin. If the defendant is found guilty or enters a guilty plea for the hit-and-run charges, the judgment in criminal court may be used as evidence in civil court.

Recoverable Damages in Greer, SC Vehicle Crash Cases

One of the main purposes of a civil injury lawsuit is to get financial compensation so the plaintiff can pay for the various costs they incurred. While some damages reflect actual monetary costs, others reflect a more subjective, personal cost. Evaluating damages is somewhat complicated, and your lawyer can help you make sure you get the most compensation possible.

Compensatory damages are awarded to make up for specific losses and injuries suffered by the plaintiff. This includes economic damages, such as medical bills, property damage, and lost earnings because you cannot return to work while injured. The value of these damages will vary from case to case, but thorough accounting is key. It can be easy to overlook certain costs. If we accidentally leave some damages out, they cannot be compensated even if you win.

Non-economic damages are another facet of compensatory damages, and they often represent injuries and losses that are more personal and subjective. You might have heard about plaintiffs claiming damages for pain and suffering. These are non-economic damages, because they are usually unrelated to financial costs. The more pain you endured and the greater the impact on your overall psychological and emotional well-being, the greater your damages should be.