No matter how safe a driver you are, a negligent driver can strike at any moment. If you have damages from a crash another driver caused, our lawyers can help you file a lawsuit against them.
To be successful in your legal claim, you will want as much evidence as possible. Start by reporting the accident to the police and getting medical attention on the scene. This will lead to reports that our team can obtain to prove elements of your case. We can also use photos you take of the accident scene and your injuries, preserving evidence that will likely be lost soon after the accident. Our lawyers will also quickly determine how long from the crash you have to file so you do not lose your right to recover compensation.
Get your free case review from our Columbia, SC car accident attorneys at Rice, Murtha & Psoras today by calling (803) 219-4906.
Reporting a Car Accident After Getting Injured in Greenwood, SC
When you are injured in a car accident, you will likely need to file a legal claim to cover your damages. To do that, you will need documentation. After a crash, it is best to call 911 for help immediately. It is also a legal requirement under S.C. Code Ann. § 56-5-1270 if the accident involves injuries, death, or property damage of $1,000 or more. When you report the accident, the dispatcher should send emergency medical services and the police to investigate.
If you have visible or painful injuries, allow emergency medical services to provide care on the scene. They will take detailed notes in their report of your condition, injuries, and vital signs as near to the time of the accident as possible, which our car accident attorneys can obtain while you are recovering. They can also transport you to the hospital to get further treatment and continue documenting your injuries for your legal claim later.
The police will also investigate the accident, and the crash reports have several uses in a legal claim. The report will contain important information like the other driver’s name and insurance provider. It will also note whether they were cited for the accident and observations of the scene made by the investigating officer. Police reports can also lead to other evidence, such as witnesses who can testify on your behalf.
Gathering Evidence for a Car Accident Lawsuit in Greenwood, SC
Typically, we will need more evidence than the police report to prove your case. Police reports are vital documents for insurance claims and negotiating a settlement, but they generally cannot be used as evidence if a case goes to trial.
Photos often serve as the best evidence after a car accident. If your injuries allow, take pictures with your phone of the damage to your vehicle, to the other driver’s car, visible injuries, or important landmarks on the scene, like lights and lanes. You will likely be getting your car repaired or replaced, and the scene debris will be cleaned quickly, so photos are the best way of preserving this evidence to use in your case.
Your medical records will also be critical pieces of evidence in your car accident claim. Getting medical treatment at the emergency room right after the accident is important because it links your current injuries to the crash, making it harder for the insurance company to blame a prior injury or condition. Early treatment can also identify underlying injuries you were not aware of. Most importantly, you will get directions on how to get further care for your injuries, which you should follow. If you do not stick to your treatment plan, you will not have records to prove your damages, and the insurance company will likely attack the seriousness of your injuries and offer lower compensation.
Our team can also determine if there is video footage of the accident. Many homes and businesses are equipped with cameras today, so it is possible that one captured your accident. In some cases, the other driver might have had a dashcam that has footage of their negligence, which our lawyers can obtain during litigation. We can also use your dashcam footage if you have it. The sooner you start your claim, the better chance you will have of preserving this evidence.
Filing a Complaint for a Car Accident in Greenwood, SC
After gathering some of the initial evidence mentioned above, we will usually have enough to draft your complaint. Your complaint is the legal document detailing the accident, the parties involved, your damages, and what we are requesting in compensation. Once filed, your lawsuit will officially be started.
However, it must be filed within three years of the accident in most cases, according to § 15-3-530(5). This is the state’s statute of limitations on personal injury claims and can pass quicker than people think. If your lawsuit is filed after the three-year window closes, you will not be able to recover anything for your damages. Once your lawsuit is filed, though, we can take the time it needs to conclude it fairly.
Fortunately, there are a few exceptions to this strict rule that can provide more time to file a claim. However, these exceptions apply to limited circumstances, so do not assume you have more time before talking to our team.
One exception is for those younger than 18 or living with a disability when the accident occurred under § 15-3-40. These individuals lack the legal capacity to file a lawsuit at the time, so the limitations period will not run until the victim turns 18 or the disability no longer prevents them from understanding their legal rights. At that point, they have three years to file a claim.
Another exception is when the other driver is not in the state. Under § 15-3-30, the limitations period will only count down once the driver returns to South Carolina.
Contact Our Greenwood, SC Car Accident Lawyers Today for Help Filing Your Claim
Get your free case review with our car accident attorneys at Rice, Murtha & Psoras by calling (803) 219-4906.