A bad car accident might leave someone with debilitating injuries and a lifetime of medical complications. If someone else caused the crash, they should be held responsible, even if they cannot be criminally charged. A civil case may help you get fair monetary compensation from the negligent driver.
Many injured drivers file insurance claims to recover compensation, but this approach may not be effective for everyone. The other driver might be uninsured, or their policy might not cover all your damages. A personal injury lawsuit can help you recover the full extent of your damages, but lawsuits tend to take more time. We should start by assessing your damages and gathering evidence to support your case. You have a limited time to prepare your case, so it is best to start right away.
For a free initial case review, call (803) 219-4906 and talk to our car accident lawyers at Rice Law.
How to Handle Insurance After a Vehicle Accident
Many drivers pursue insurance claims after an accident. Your attorney can help you navigate the complex claims process while also preparing backup legal options in case insurance does not pan out.
South Carolina is a fault-based state, and we can file a third-party claim with the other driver’s liability insurance. When we do, we must prove to the insurance company that the other driver is responsible for the accident.
The insurance company might accept your claims and pay you compensation, or they could push back and demand more evidence or deny the claim.
We must also determine if an insurance claim is enough to cover your damages. Your damages might exceed the policy limits, or the insurance company might refuse to pay the full value of your damages. If that is the case, we may need to explore alternative insurance options or consider filing a personal injury lawsuit.
If the other driver does not have insurance or their insurance is insufficient, you may file a claim with your uninsured or underinsured motorist coverage. South Carolina requires drivers to have this coverage, and it may come in handy in situations like this.
How to Assess Your Damages After a Car Accident in Gaffney, SC
When assessing your damages, our car accident attorneys must consider all the ways the car accident cost you money and how it affected your physical and mental well-being.
We can start by evaluating your injuries. Do you have expensive medical bills from when you were treated for your injuries? Do your injuries get in the way of other areas of your life? Not only can you claim expensive hospital bills, but you can also claim damages for the reduction of your quality of life because of the injuries.
We should also think about your job. Can you still work after the accident? If not, you may claim greater damages for lost income. The longer you cannot work, the higher your damages should be.
What about your car? Vehicle repairs can be very expensive and should be included in your claims. You might instead need a totally new car if it is beyond repair.
Finally, we should consider your emotional or mental injuries. Accidents and painful injuries may be traumatic and make living difficult. Talk to your attorney about your pain and suffering, and they can help you estimate the value of non-economic damages.
Evidence Needed to Support a Car Accident Case
To prove your claims in a car accident case, we must have evidence of the defendant’s negligence and your damages, among other things.
An excellent source of evidence is testimony from witnesses. People who witnessed the collision may testify about who they saw driving and whether they observed any negligent behavior from the defendant. You may also testify about what you experienced and how your injuries have affected your life.
It is typical practice for drivers to take photos and record videos after an accident, and these photos and videos may be presented in court as evidence. Often, photos of the accident preserve details that are lost when the scene is cleared away.
We should also check the area for security cameras that might have recorded the accident. Additionally, drivers might have had dashcams that recorded the collision.
The police often get involved in car accidents and may investigate if anyone was seriously hurt. We can obtain copies of police crash reports to see if they found any evidence we may have missed.
When to Begin an Auto Accident Case in Gaffney, SC
The aftermath of an auto accident can be overwhelming and painful. While you have a lot on your plate, it is important to speak to an attorney as quickly as possible.
We must file your case before time runs out. According to the statute of limitations in South Carolina under S.C. Code Ann. § 15-3-530(5), you only have 3 years to file a case. This time begins on the day of the accident, and we might already be losing valuable time.
You can have the statute of limitations tolled and your time to file extended under specific conditions. One possibility is that we can have the statute tolled if the defendant leaves the state, under § 15-3-30. If the defendant leaves South Carolina after the accident, their time out of the state may not count toward the limitation period.
Starting as soon as possible gives you more time to explore your legal options. You can investigate insurance claims and still have enough time to file a lawsuit if it does not work out.
If you wait too long to hire an attorney, they may not have enough time to thoroughly explore your options before you decide what to do.
Get in Touch with Our Gaffney, SC Car Accident Attorneys Today
For a free initial case review, call (803) 219-4906 and talk to our car accident lawyers at Rice Law.