Accidents resulting in personal injuries are common and victims should be compensated by the negligent parties when they happen. Our attorneys can help you get the compensation you need to cover your losses by filing a lawsuit against the party responsible.
While someone can cause personal injuries in a car accident, from a hazardous condition on their property, or in many other ways, it is always a good idea to report the incident to the property authorities. If you were injured in a car accident or public, you can report the accident to the police. Those injured on another person’s property might consider informing a manager if they were hurt in a business or the property owner if it was in a private residence. In cases where a business was notified or the police investigated, we can use the report to collect other evidence, like witness information, and use it to prove the elements of your personal injury claim.
To get your case started with a free initial assessment, contact our Charleston, SC personal injury attorneys at Rice, Murtha & Psoras today by calling (803) 219-4906.
Who to Speak to After Suffering Personal Injuries in an Accident in Hanahan, SC
When another person injures you in an accident, it is usually a good idea to report the incident. Who you should report it to will depend on the type of accident in which you were injured.
In some cases, it makes sense and is legally required to report the accident to the police so it can be investigated and documented, like car accidents. In accidents on another person’s property, victims should report it to the property owner or business responsible for the safety of the premises immediately. In any event, our personal injury attorneys can obtain reports and communications related to the incident so it can be used in your legal claim. Reports can also provide our team with other details, like witness information, to further build evidence in your case.
Reporting the Accident to the police
For example, it is not only common to report a car accident to the police after a crash, but it is also mandatory under S.C. Code Ann. § 56-5-1230 if it involves death, injury, or property damage valued at $1,000 or more. The law gives you 15 days to report it to the police, but you should call right after the crash while you are still on the scene. This allows law enforcement to record details as they observe them rather than being told about them later on. Investigating officers will note the wreckage found on the scene, the appearance and behavior of the defendant, the time of day, and numerous other details.
Unfortunately, police reports are generally inadmissible in a trial as evidence since they constitute hearsay. However, most cases are resolved during insurance settlement negotiations before reaching the courtroom. For insurance claims, police reports are not only incredibly helpful, as the hearsay rule does not bar them from being used at this stage, but are usually necessary for the insurance company to process the claim. Our team can determine which law enforcement agency investigated your accident and obtain the report while you recover from your injuries.
Reporting the Accident to Property Owners
Many other accidents, like slips and falls, occur on someone else’s property and should be reported as soon as they happen. For instance, suppose you were eating at a restaurant or shopping at the grocery store when you slipped in an unclean spill. In that case, you should report your accident to a manager on duty since they usually have procedures for taking accident reports.
In most cases, they will fill out an accident report that includes the details of the incident and the time it occurred. Our team can get a copy of an internal report if one was made, as well as any of the business’s communications regarding the accident during the litigation process. Like a police report, it might also lead to other forms of evidence, like witnesses on the scene that you might not have spoken to that our team can contact after your claim is filed.
Speaking to Eyewitnesses
If you do notice witnesses at the scene or if any stopped to help, it is best to speak with them to get their information directly rather than relying on a report to have it. The most important pieces of information to gather are their name and contact details.
You might have an urge to discuss what the witness saw if you are already thinking about a legal claim. However, that is not necessary at this point. Of course, take notes of any details they are willing to provide about the accident, but let them do the talking. As long as you have the witness’s contact information, our team can always interview them later to get the exact details they knew. Otherwise, you might say something incriminating that could come out later when the defendant’s attorneys have a chance to question the witness.
Concerns About Contributory Negligence
The reason you do not want to say too much to anyone when reporting or speaking about your accident is that insurance companies and defense attorneys can use those statements against you to lower the amount of compensation you recover. South Carolina uses a “modified comparative negligence” rule, meaning that you can lose compensation for the percentage of fault you were assigned for the accident. If your share of negligence for the accident or your injuries is deemed greater than the defendant’s liability, you will lose the opportunity to recover any damages from your accident.
Thus, refrain from making statements like, “I’m sorry,” or “forgive me,” or anything else that can be assumed as taking responsibility for the accident, even to eyewitnesses. The defendant’s attorneys and insurance company will be looking for any reason to save themselves money, and statements like these will usually make it into an official report if you say it while giving details about the accident.
Call Our Hanahan, SC Personal Injury Lawyers Today for Help Getting the Compensation You Deserve
For a free case evaluation from our personal injury lawyers, call Rice, Murtha & Psoras today at (803) 219-4906.