Whether you have suffered a serious neck, back, or traumatic brain injury, if your collision was caused by a drunk driver, you may be entitled to total compensation for your damages and suffering. If you lost a cherished family member in a drunk driving accident, you may have grounds to file a legal claim against the drunk driver and other at-fault parties. It is important to consider every possible opportunity for legal recourse when someone driving under the influence of drugs or alcohol turns your world upside down.
Fortunately, you do not need to go through the claims process alone when you have a reputable South Carolina drunk driving accident lawyer from Shelly Leeke Law Firm advocating for your rights. When you need a South Carolina car accident lawyer, you can depend on our firm, which has a no-win, no-fee guarantee. Schedule a free consultation today to learn more about how we can help you get the most out of your claim and bring the drunk driver to justice.
South Carolina Drunk Driving Accident FAQ
The Drunk Driver Blamed Me for the Accident, Now What?
Do not panic if the drunk driver blames you for causing the accident. This is a common way defendants, drunk drivers, and even insurance companies attempt to escape their financial obligations. Fortunately, your South Carolina personal injury lawyer with Shelly Leeke Law Firm will be prepared to address any accusations of shared liability.
If you are found partially at fault, your settlement could be affected. This is because South Carolina follows modified comparative negligence rules with a 50% bar limit as described by the South Carolina Contribution Among Tortfeasors Act. If your portion of blame is less than the limit, you can still receive a settlement at a reduced rate, but if your portion of blame is greater than the threshold, you can expect the judge to refuse to hear your case.
How Do South Carolina Drunk Driving Accident Insurance Claims Work?
Generally, the drunk driving accident insurance claims process works by filing a claim against the drunk driver’s insurance policy. This is because South Carolina follows fault insurance laws per the South Carolina Department of Insurance. However, do not expect the insurance company to settle your claim without challenging it.
It is not uncommon for insurers to refuse to pay out on claims when their policyholder is under the influence of drugs or alcohol. They may argue that the insurance coverage was not active at the time of the accident, as intoxication or impairment may allow the insurance company to avoid liability. This is not true in every case, so do not hesitate to consult a knowledgeable South Carolina catastrophic injury lawyer from our firm for more personalized insight.
How Long Do I Have to File a Drunk Driving Accident Lawsuit?
You do not have unlimited time to file a drunk driving accident lawsuit in South Carolina. Per S.C. Code Ann. § 15-3-530, all personal injury lawsuits, including car accident and drunk driving accident claims, must be filed within three years of the accident date. This may seem like plenty of time to file a lawsuit, but your legal representative will need as much time as possible to build a powerful claim against the at-fault party.
There are also certain situations where the statute of limitations could be paused. We see this in instances where the drunk driver leaves the state, children under the age of 18 are injured, or injury victims do not receive official diagnoses until a later date. You can find out exactly how much longer you have to file your drunk driving accident lawsuit when you discuss the details of your case with your legal representative.
What Happens if the Drunk Driver Goes to Jail?
If the drunk driver goes to jail, it could have a positive impact on the outcome of your civil claim against them. Drunk drivers could face up to five years in jail as described under S.C. Code Ann. §56-5-2930 if convicted in criminal court. While the prosecutor moves forward with formal criminal charges, the evidence we need to find them liable in civil court may be tied up.
This means the claims process may take longer to resolve. However, if the drunk driver is convicted, this conviction can help prove their liability for your damages in your personal injury claim. If the drunk driver is acquitted, it should not have an impact on your ability to recover compensation at trial.
How Can I Afford to Hire a South Carolina Drunk Driving Accident Attorney?
You can afford to hire a top-rated South Carolina truck accident lawyer because our personal injury team works for our clients on contingency. Our agreements are written per the South Carolina Judicial Branch Rule 1.5: Fees, so our clients never pay anything for legal fees unless or until we win. If we are unsuccessful, you will not have to pay even one penny in South Carolina drunk driving accident attorney’s fees.
Compensation for Drunk Driving Accident Victims in South Carolina
According to S.C. Code Ann. §15-3, you have the right to be made whole. No loss should go unaccounted for when we calculate the value of your damages. Examples of economic and non-economic damages that may be awarded in a drunk driving accident lawsuit include:
- Medical bills
- Loss of consortium
- Pain and suffering
- Vehicle repair cost
- Reduced quality of life
- Loss of income
Punitive damages could also be awarded under S.C. Code Ann. §15-32-530. These are rarely issued in personal injury lawsuits, as most personal injury claims do not involve gross negligence or intentional malice. However, drunk driving is a strong indicator that the driver who hit you demonstrated a blatant disregard for your safety or well-being.
Speak with a Reputable Drunk Driving Accident Lawyer in South Carolina for Help Today
More than just the physical injuries you sustained, the emotional trauma and extreme financial losses related to your accident could continue to affect your life for years to come. The at-fault party should be ordered to compensate you for every single loss so you can pick up the pieces of your life sooner and move forward from this devastating experience. A skilled drunk driving accident attorney in South Carolina from Shelly Leeke Law Firm can help you advocate for maximum compensation and ensure the liable party is held to account.
Our drunk driving accident lawyers in South Carolina have spent the last decade fighting for the rights of injury victims and accident survivors across the state. When you need an aggressive legal advocate who will stop at nothing to recover the fair compensation you are entitled to, Shelly Leeke Law Firm could be the right choice for your case. Call our office or fill out our quick contact form to schedule your free, no-obligation consultation today and take back control of not only your finances but your future as well.
