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Socastee Car Accident Lawyer

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    While car accidents are common in Socastee, the damages they cause and adjustments victims must make after are not. When a negligent driver injures you, our lawyers can help you recover compensation in a legal claim.

    Although contending with new injuries is often extremely challenging, it is important to start your case as soon as you can since you only have three years to file. If the defendant left the state or you were under a disability when injured, you might have more time, but these exceptions are rare. Working with our attorneys is the best option to ensure that your damages are calculated accurately. This includes the economic damages draining your financial resources, as well as the non-monetary damages your pain and suffering causes. We will also review the defendant’s conduct to determine if it went beyond mere negligence, potentially entitling you to punitive damages.

    Get your free, private case review with our Myrtle Beach car accident attorneys at Rice, Murtha & Psoras today by calling (803) 219-4906.

    Statute of Limitations to File a Car Accident Lawsuit in Socastee, SC

    Numerous tasks must be completed when pursuing damages in a legal claim, but identifying how long you have to file under the statute of limitations is paramount. Car accident cases, whether it is an insurance claim or a lawsuit, must typically be filed within three years from the date of the accident, according to S.C. Code Ann. § 15-3-530(5). The clock starts ticking the moment the cause of action arises, which is when the other driver injures you in the accident.

    While it is common for victims to weigh the costs, stress, and benefits of filing a legal claim, it is best to consult with our car accident attorneys to know for sure what options you have and what it takes to be compensated fully. If a car accident victim takes too much time to decide and files after the statute of limitations passes, they will likely be barred from recovering anything for their damages.

    This rule is one of the strictest in law because courts want cases brought when evidence is fresh and ensure fairness to defendants to have cases brought against them in due time. As such, there are very few exceptions to the limitations period.

    Exceptions for Persons Under Disability

    Persons under a disability when the accident occurred generally have more time to file under § 15-3-40. Legal disabilities include being under the age of 18 when the accident happened or “insanity.” Insane, in this sense, means the person was under a disability that prevented them from understanding their legal rights before the limitations period passed. Once the disability is removed and the person has the legal capacity to file or when a child victim turns 18, they have three years from that date to file.

    Exceptions for Out-of-State Defendants

    You will also have additional time to file a claim if a potential defendant is out of the state, according to § 15-3-30. If a negligent driver fled the state to escape liability, that time will not count against the statute of limitations. The clock will only start ticking again once the person returns to the state. Our team can prepare your claim even if the other driver is not in South Carolina and help keep track of their movements for when they return.

    Types of Compensation that Can Be Recovered in a Socastee, SC Car Accident Claim

    Another critical task is determining all the damages the other driver caused you. Damages can typically be separated into compensatory and punitive. Compensatory damages pay you back for the economic and non-financial losses you sustained in the crash, and after that, you can be made whole again. Although they are paid to you if awarded, punitive damages are not designed to compensate plaintiffs but to punish defendants for willful or reckless driving.

    Compensatory Damages

    Virtually every car accident lawsuit will claim compensatory damages. These are the economic and non-economic losses you would not have sustained had the other driver not been negligent. Our team usually starts by gathering evidence to calculate your economic damages since they will often inform how much non-economic compensation we should claim.

    Economic damages include any financial losses you pay out-of-pocket or through insurance. Medical expenses are typically a large component of these damages. Even minor car accidents can result in highly expensive treatment, including hospital stays, physical therapy, and pain medications. Victims with more serious injuries might be affected for the long term and will have significant medical costs in addition to those above, including home modifications and in-home care. You should also recover lost income and future lost earnings in your economic damages. You likely need your vehicle repaired or must buy a new one, which should be included in your claim for economic damages.

    Non-economic damages compensate you for all the other damages you suffered that are not financial. These losses are commonly known as “pain and suffering” and include the physical pain, emotional suffering, and other psychological harm car accident victims often sustain. You might have been depressed since the accident or even have symptoms of PTSD that prevent you from living your life as fully as you did before the crash. Our team can assess your non-economic damages by reviewing the severity of your injuries with expert witnesses and determining the long-term impact on your life.

    Punitive Damages

    As mentioned, punitive damages do not technically pay you back for any losses you suffered. Instead, they punish defendants for egregious conduct and deter others from acting the same way in the future. Accordingly, courts rarely award them in a car accident lawsuit and only will if the plaintiff proves the conduct by clear and convincing evidence under § 15-32-520(D), meaning there is little doubt that the defendant acted willfully or recklessly. Punitive damages are also capped at $500,000 or three times your compensatory damages, whichever is greater, according to § 15-32-530(A).

    Reach Out to Our Socastee, SC Car Accident Attorneys for Help Claiming Your Damages Today

    Get your free case assessment from our car accident attorneys at Rice, Murtha & Psoras by calling (803) 219-4906.