If you suffered debilitating or life-threatening injuries after being struck head-on, you might have the right to financial compensation for your suffering. However, to accomplish this goal, we will need to prove another party is responsible for causing your injuries.
With help from a dedicated Charleston car accident attorney at Shelly Leeke law firm, you can recover all your damages and regain control of your life. Learn more about the value of your claim and the steps you must take to demand justice when you contact our Charleston personal injury lawyers for a free consultation.
What Happens After a Head-On Collision
The aftermath of your car accident may be more than concerning. You might be feeling overwhelmed, intimidated, and confused about what your next steps should be. Fortunately, when you have a head-on collision attorney handling your case, you do not need to worry about these complicated legal issues.
Knowing that every person’s case is different and can produce different results is essential. However, having a general idea of how the process works can help you feel more confident as you attempt to hold the liable party accountable to the fullest extent of the law.
With that in mind, here is more about what happens after a head-on collision in Charleston:
Your Head-On Collisions Lawyer in Charleston, SC Investigates
To start, your head-on collision attorney will thoroughly investigate how your injuries occur. Reckless drivers, dangerous road conditions, defective motor vehicle parts, and more can cause head-on collisions.
How your accident occurred will help us figure out who is responsible for causing her injuries. This party must repay you for your damages.
For example, suppose the road conditions ultimately caused your head-on collision instead of filing a claim against the driver who struck you. In that case, we might instead file a lawsuit against Charleston’s government agencies and municipalities responsible for road integrity and maintenance.
Alternatively, suppose we discover the driver who hit you head-on was operating their vehicle in an unsafe or negligent manner. In that case, we will be ready to file a claim with their insurance company or bring your case to trial.
Types of Evidence to Prove Negligence in a Head-On Collision
The burden of proof in personal injury claims differs from what you see in criminal court. In a criminal trial, the prosecutor must prove guilt beyond a reasonable doubt to obtain a conviction. However, the same is not true in head-on collision lawsuits.
In personal injury claims, the burden of proof is based on a preponderance of the evidence. Your lawyer is responsible for presenting evidence that convinces the jury the defendant is liable for causing your injuries and subsequent damages.
Examples of evidence that could be valuable in supporting your case include:
- Blood alcohol concentration (BAC) test results
- Photos of the damage to the accident scene
- Pictures of the victim’s injuries
- Video footage was taken from the victim’s dashcam
- Video surveillance obtained from traffic cameras
- Video footage taken from nearby homes are businesses
- Statements from witnesses and bystanders
- Reports from head-on collision accident reconstructionists
- Police and crash reports
- Data obtained from event recording devices (EDRs)
- Personal journal entries that detail how the accident happened
Your Head-On Collisions Lawyer Calculates the Value of Your Injury Claim
Next, your head-on collisions attorney will need to determine how much your injury claim is worth. To ensure we account for every loss, expect damages to be categorized as economic or non-economic.
Types of Economic Damages
Economic damages are thought of more often than non-economic damages since they are costly. Monetary damages have set financial values that can be easily proven through financial data, bank statements, pay stubs, tax records, and more. Examples of economic damages you could win include:
- Healthcare expenses
- Future medical costs
- Personal property damages
- Cost of repairing or replacing your vehicle
- Loss of household services
- The diminished value of your vehicle
- Loss of income
- Reduced earning capacity
- Loss of employee benefits
- Damage to your credit score or report
Types of Non-Economic Damages
Non-economic damages are often more significant than economic damages, even though they do not have six financial values. This can make them more challenging to quantify since they are subjective, but since many people’s lives are turned upside down by non-economic damages, they should be considered accordingly.
Examples of non-economic damages after a head-on collision could include:
- Skin scarring and disfigurement
- Diminished quality of life
- Physical pain and suffering
- Embarrassment and apprehension
- Fear, shock, and shame
- Anticipation and indignity
- Psychological trauma and mental anguish
Your Head-On Collisions Attorney Files Insurance Claims and Negotiates on Your Behalf
Not every injury victim can file a claim with the insurance company after a head-on collision. However, since South Carolina follows fault insurance laws, you will typically file a claim with the liable party’s auto insurer after an accident.
Your lawyer will handle the insurance company for you, so you do not have to worry about being taken advantage of or tempted to settle for less than your claim is worth.
How Insurance Claims Work in Charleston
Unfortunately, insurance does not cover every loss. Insurance settlements generally only cover specific damages, including medical bills and vehicle repairs. You can expect the insurance company to look for opportunities to deny your claim so they can reduce their profit losses.
However, with your attorney advocating for your rights, you do not need to worry about the insurer handling your claim in bad faith.
When Head-On Collision Claims Go to Court
Head-on collision claims may need a trial if the liable party does not have auto insurance coverage or the insurance settlement does not fully cover your damages. Sometimes, victims can avoid going to court by settling with the insurer.
However, since insurance does not cover non-economic damages and only covers certain types of economic damages, sometimes going to court is the better option.
Call a Head-On Collisions Attorney in Charleston, SC, for Help Today
The impact your head-on collision will have on your life is undeniable. But the liable party should not get away with their negligence. While you heal from your injuries, your knowledgeable and dedicated Charleston head-on collisions lawyer at Shelly Leeke Law Firm will fight for the benefits and compensation you deserve.
Are you ready to get started on your insurance and civil claims? Complete our online contact form or call our office to schedule your free, no-obligation consultation today.