Myrtle Beach Car Accident Lawyer
Myrtle Beach in South Carolina is a popular vacation spot, and tourists flock to the beaches every summer. The last thing anyone on vacation wants to deal with is a car accident, but negligent drivers are sometimes impossible to avoid. After a car crash, you should speak to an attorney about what your case might be worth and how to get fair compensation.
You might have several options for financial compensation after a car accident in Myrtle Beach. First, many drivers turn to insurance for help. While some get what they need, others are disappointed. If insurance does not cover all your costs, an injury lawsuit might be what you need, and an experienced attorney can help you. Your lawyer should help you evaluate your damages, including monetary expenses in addition to painful experiences. We need all the evidence we can get to prove your claims, which is far easier said than done.
To start your case, call our car accident lawyers at Rice, Murtha & Psoras at (803) 219-4906 and get a free, private case assessment.
How to Get Financial Compensation After a Car Crash in Myrtle Beach
Car accidents happen all the time, and claims and cases for such accidents are common. To get financial compensation, you should discuss your legal options with our car accident lawyers, as you might have more options to explore than you realize. While insurance claims are a frequent first choice among accident victims, it does not always work out. In that case, a lawsuit or possibly another legal channel might be best.
Insurance Claims
In South Carolina, all drivers are required to carry car insurance. Insurance is often the primary legal choice among drivers in need of financial help after an accident. Ater all, that is what insurance is meant for. Unfortunately, insurance companies often care more about their bottom line than their customers, and injured drivers do not always get the help they need.
South Carolina adheres to fault-based insurance laws, meaning drivers usually must file third-party claims with the other driver’s insurance and provide evidence of the other driver’s negligence. If the insurance company decides that you provided insufficient evidence, they might reduce compensation or refuse to cover the claim, leaving you in a lurch.
Civil Injury Lawsuit
If insurance does not pan out in your favor, ask our legal team about filing a civil case in court. It is best to meet with a lawyer fast, as the statute of limitations imposes a strict time limit on your claims, According to S.C. Code Ann. § 15-3-530(5), injured drivers have only 3 years to file a case in civil court. This limitation period begins on the day of the accident, meaning the clock starts ticking immediately, and time is of the essence.
You should speak to a lawyer about a lawsuit if you tried insurance, but your damages exceeded the policy limits, or the insurance company refused to cover all your damages. In a lawsuit, many plaintiffs have been awarded damages above and beyond what insurance companies offered them.
You can meet with a lawyer, draft a formal complaint, file the complaint, and serve notice of the case to the defendant according to proper legal procedures. This is a lengthy and often frustrating process, and preparing a lawsuit takes time. As such, it is best to begin as soon as possible.
Damages You Can Claim in Myrtle Beach Car Accident Cases
Auto accidents are not just scary, they are also very expensive. Between damage to your car and medical bills, paying for the accident might be extremely difficult, if not totally impossible. We should also consider how the accident negatively impacted your mental health and life, as many accidents are traumatic.
Compensatory Damages
Damages awarded to make up for the things you have lost are called compensatory damages. These damages account for economic losses in addition to non-economic injuries that might not have an objective value. It is important to speak to an attorney about damages in your case, as it is easy to overlook or leave out certain injuries or losses.
Economic damages should reflect how the accident cost you money. Medical bills, property damage, and lost income from missing work are just a few ways a car accident might take a significant economic toll. Be sure to save all receipts, bills, and invoices so we can take stock of your economic damages.
Your non-economic damages are less concrete and more subjective, and their overall value may vary from case to case. Some examples of non-economic damages include physical pain, psychological trauma, emotional turmoil or distress, and the loss of enjoyment of your life. Since these damages are often unrelated to money, the jury has the final word on what they are worth and how much compensation is warranted.
Punitive Damages
In South Carolina, punitive damages may be awarded as a way to punish the defendant for their behavior. While these damages are possible in some cases, they are far from guaranteed. In fact, they are awarded somewhat rarely, and most plaintiffs are unlikely to receive punitive damages.
According to S.C. Code Ann. § 15-32-520(D), punitive damages may only be awarded if we can prove by clear and convincing evidence that your injuries resulted from the defendant’s wanton, willful, or reckless conduct. Usually, cases involving defendants whose behavior is especially egregious to the point that it shocks the conscience may be eligible for punitive damages.
The average car accident case might not be eligible, but talk to your attorney about punitive damages anyway. They might be available if the defendant intentionally caused the accident, like in a fit of road rage. They are also sometimes awarded in drunk driving accidents where the defendant causes severe injuries while under the influence of drugs or alcohol.
Call Our Car Accident Lawyers in Myrtle Beach for Legal Help Now
To start your case, call our car accident lawyers at Rice, Murtha & Psoras at (803) 219-4906 and get a free, private case assessment.