Driving is such a normal part of our lives that we sometimes forget how dangerous it is. If you are injured in a vehicle accident, you might have serious damages to contend with. A lawyer can assist you in getting compensation from the other driver.
You might first try filing an insurance claim, but insurance can be complicated and does not always help as it should. In that case, we can file a lawsuit. To begin, we should collect evidence and compile detailed information about how the accident happened and the extent of your injuries. Damages should account for monetary losses in addition to more subjective painful experiences. The defendant might try to argue that you also contributed to the accident, but that should not stop you from being able to sue them for damages.
Ask our car accident lawyers with Rice Law for a free, confidential case evaluation when you call us at (803) 219-4906.
Evidence We Need in a Car Accident Case
Finding evidence is of the utmost importance when preparing your case. We must move fast, as evidence can disappear if we do not gather it quickly enough.
First, we should track down eyewitnesses who were present when you were injured and may have seen something you did not and can enlighten a jury as to how the accident happened.
Other witnesses may not have been present but may have some personal knowledge directly related to the case.
Next, we should check the area of the accident for cameras. Security cameras are everywhere nowadays, and there is a chance that a camera recorded your accident on video. Alternatively, someone might have had a dashcam in their vehicle that recorded the accident.
It is common practice for people to take photos of car accidents to send to insurance companies. If you have photos, our car accident lawyers may use them to prove certain details about the crash.
We should also obtain copies of your medical records to help us prove your injuries. This may be important if the defendant disputes the severity of your injuries in court.
What Compensation is Available in a Car Accident Case?
Compensation for a car accident may be quite high depending on your injuries and other losses. Damages are typically based on economic losses and non-economic injuries.
We may prove economic damage by demonstrating how much money the accident cost you. You might have incurred high medical bills for your injuries and expensive vehicle repairs. You may also need to replace expensive personal items that were inside your car, such as a phone or laptop.
Your non-economic injuries are more subjective, and they are unique to each plaintiff. These damages often include pain and suffering but may also encompass additional losses. Your physical pain, emotional distress, humiliation, and other painful experiences may warrant significant compensation.
We may prove your damages by gathering records of costs. Your bank statements, credit card bills, receipts, and invoices are a great place to start.
To prove non-economic injuries, your testimony may be crucial. Only you can talk about how the car accident affected you mentally and physically. You might also present records from a mental health professional if you sought treatment.
What if I am Partially Responsible for a Car Accident in Fountain Inn, SC?
It is not unusual for car accident victims to share some lame for the crash, but they may still file a case and get fair compensation.
If the defendant claims that you contributed to the car accident, the court can apply laws of comparative negligence. According to S.C. Code Ann. § 15-38-15(A), your damages may be reduced according to your share of blame as determined by the trier of fact (i.e., the judge or jury).
You may only bear so much responsibility before you cannot recover anything. If you are more than 50% responsible, you may be totally barred from recovering any damages.
Dealing with Insurance in Car Accident Cases in Fountain Inn, SC
Insurance is often the first course of action after a car accident, as all drivers are required to have it. South Carolina is a fault or tort insurance state, and we must be prepared to prove how the other driver caused the accident.
We can file a third-party claim with the other driver’s liability insurance. We must have their name and insurance information, and drivers are usually required by law to exchange this information after an accident. If they refuse to give you this information or flee the scene, tell your attorney immediately.
If the driver is uninsured, their insurance cannot cover all your damages, or they fled the scene before they could be identified, we may file claims with your uninsured or underinsured motorist policy.
How Long Do Car Accident Cases Take to Complete?
The time it takes to complete your case is hard to say without thoroughly discussing the facts with an attorney. However, we may consider certain factors to estimate the time.
Evidence is often a good indicator of how long a case might last. If we have strong evidence and cooperative parties, the case may move faster. The defendant might realize that they cannot win and agree to settle without going to trial.
On the other hand, if the factors of the car accident are especially complicated, such as in multi-vehicle accident cases, the case may take longer to resolve. The parties and the court may need more time to dissect all the facts and apply the law accordingly.
While a settlement is typically faster than a trial, a trial might net you greater compensation. Some would rather take the best settlement offer they can get and leave. Others want their day in court. The best option is entirely up to you.
Receive Legal Help From Our Fountain Inn, SC Car Accident Attorneys
Ask our car accident lawyers with Rice Law for a free, confidential case evaluation when you call us at (803) 219-4906.