Injuries from a car accident can range from mild to life-threatening. If you suffered serious enough injuries that you are considering hiring a lawyer, you should seek out a case review immediately.
Many injury cases – even mild and moderate ones – do deserve financial compensation. You may be able to get paid through an insurance claim or even a lawsuit, but reviewing your case with a lawyer is one of the only ways to find out.
Reach out to our car accident lawyers at Rice Law at (803) 219-4906 for your free case review.
Are We in a No-Fault or At-Fault State?
South Carolina uses an at-fault car accident system. We are not a no-fault state.
In a no-fault state, each driver’s insurance covers their own injuries regardless of who caused the accident. However, lawsuits are restricted only to cases with serious injuries, and damages only cover a portion of what you faced with no pain and suffering damages.
Under our at-fault system, you can sue for any injuries you faced. This means mild, moderate, or severe injury claims can be brought as a lawsuit.
However, you do not always have to file a lawsuit. Insurance claims can be settled out of court and potentially get you full damages, up to the defendant’s policy limits. If that is enough to cover your injuries, we can negotiate to have the insurance company pay you in a claim. If they refuse, we can take it to court.
How Much is My Car Accident Worth?
We cannot know the exact value of your case until we crack open the books and take a look at your expenses. You can claim any costs associated with the accident, such as the following:
- Medical expenses
- Vehicle repair/replacement costs
- Therapy bills
- Medication costs
- Physical therapy
- Hospital transport
- Home care
- Replacement services at home
- Childcare costs
- Lost wages
- Future lost earnings
On top of this, you can claim compensation for the damages that have no monetary value. This covers things like…
- Pain
- Suffering
- Mental anguish
- Emotional distress
- Fear
- Embarrassment
- Discomfort
The “economic” damages listed above can be calculated by totaling them up and projecting any future costs, but “non-economic” damages are usually calculated with a per-day value or by using a multiplier.
Evidence is required to prove all damages, so talk to your car accident lawyers about what proof we can collect for you.
Can You Sue for Drunk or Distracted Driving?
Drunk driving and distracted driving are two of the most common causes of serious accidents.
If another driver was drunk, there may be a criminal case, but you can sue them as well. The same is true if they are ticketed for texting while driving or other distracted driving offenses.
Having a conviction on the books can help you prove your civil case, so we often let criminal cases go first. However, even if the prosecution loses the criminal case, you can still file a civil claim because the burden of proof is lower.
Even when a criminal conviction cannot be obtained, a win in civil court is possible.
Can You Sue Commercial Drivers?
Commercial drivers can be sued for anything they do in their personal time, but if they caused a crash on the job, you can often sue their employer in their place.
“Respondeat superior” is a legal principle that allows lawsuits against an employer for things their employee did on the job. Commercial drivers – including truckers, delivery drivers, and more – can often be sued alongside their employers for crashes they caused.
There are sometimes difficult cases where the driver is hired as a contractor, not an employer, and this might make suing the company more difficult. Even so, the driver should have commercial driver’s insurance or at least regular car insurance to cover your injuries.
Should I Give a Recorded Statement to the Insurance Company?
Any time you try to make an insurance claim with an at-fault driver’s insurance policy, the insurance company is listening. They usually record calls, and any other records or claims you send them in writing would also be saved. They may even ask for a recorded statement specifically.
Their goal with recorded statements is to have you on record saying what you think happened. They can potentially pick apart what you said and use elements of it to argue that you were admitting fault. They can also potentially use this version of your story to trip you up later if your story varies even in slight ways.
If you can avoid it, always let our lawyers handle communications with the insurance company for you. Do not give them recorded statements, but if you do have to call them or communicate with them, avoid admitting fault or discussing the details of your case. Leave that to us.
What Damages Can I Get from My Car Insurance?
As mentioned, damages can be paid for various areas of compensation. Most damages can be paid by the at-fault driver’s insurance, up to their policy limits. However, your own insurance might have supplemental coverage to help you out after an accident.
Your own insurance policies might pay for medical bills, lost earnings, and vehicle repairs upon payment of a deductible. You may also have uninsured motorist coverage to pay in place of the defendant if the driver who hit you was uninsured, or underinsured motorist coverage to pick up the remainder if the other driver’s insurance limit is too low.
In any case, accepting money from your own insurance usually does not count as a settlement, but your insurance company may be able to get a share of the damages back from the defendant later. This could affect your case, so never accept anything from insurance without speaking with our attorneys first.
Call Our Car Accident Attorneys in Hardeeville Today
Dial (803) 219-4906 for a free case review with the car accident attorneys at Rice Law today.