A highway accident can be overwhelming. You may have no idea who is at fault for the collision and how to get compensation for your crash-related losses. Thankfully, a Forest Acres highway accident lawyer can help you deal with the aftermath of your crash.
The Shelly Leeke Law Firm team is empathetic, caring, and supportive. With more than 10 years of personal injury case experience, we know how to handle the challenges you could face as you pursue damages from anyone responsible for your highway crash. Discuss your case with a Forest Acres car accident lawyer from our team.
Who Is at Fault for a Highway Accident
A driver who slams their car into yours can be held accountable for your highway collision. For example, a motorist is traveling faster than the posted speed limit. If you have to slow down or stop suddenly and this driver is unable to do the same, they could cause an accident and be responsible for all associated losses.
It can be difficult to identify all liable parties if multiple vehicles are involved in your highway crash. Fortunately, a Forest Acres personal injury lawyer can assist. They can review the facts of your collision and help you request damages from any at-fault parties.
The Shelly Leeke Law Firm can explain what to do if the other driver of a car accident denies liability and address other legal concerns and questions. We will provide you with legal guidance and support as you weigh the pros and cons of filing a lawsuit. Schedule a free case consultation with us.
When to File a Forest Acres Highway Accident Lawsuit
According to South Carolina Code of Laws Section 15-3-530, there is a three-year statute of limitations for submitting a personal injury lawsuit. A highway accident lawyer in Forest Acres can explain how this time frame works. They can help you file your damages request before the time in which you are allowed to do so elapses.
You may get compensation from an at-fault motorist without having to submit a lawsuit. Since automobile insurance is required for drivers in South Carolina, you can notify your insurer about your accident. Next, the company can contact the other driver’s insurance carrier to determine who is liable.
If you submit an insurance claim, an at-fault motorist’s insurer can still contest your request for damages. A lawyer can negotiate with a liable driver’s insurance company. If negotiations are unsuccessful, your attorney can proceed with a lawsuit.
Damages You Can Recover in Your Lawsuit
A highway accident attorney in Forest Acres can provide answers to the five questions injury victims ask most and address your legal concerns. They will encourage you to ask for economic and non-economic damages in your lawsuit. Reasons why you could receive damages include:
- Costs to repair or replace your car
- Medical bills
- Lost wages
- Pain and suffering
Requesting damages and proving to a judge or jury that you deserve them are two very different things. It is your responsibility to provide sufficient proof to support your case. Otherwise, it can be tough to compel the court to award maximum damages.
How to Prove That You Deserve the Most Damages Possible
Evidence plays an important role in a highway accident case. If you have an abundance of proof, you can make it clear to a judge or jury that you are in no way at fault for your crash. Proof that you can use in your case includes:
- Accident scene photos and videos
- Medical records
- Witness statements
- Police report
Your lawyer can explain why preserving your accident evidence at the scene could make or break your case. Ultimately, your proof can strengthen your argument. It could also lead the defendant to offer a reasonable settlement.
The Role of Negligence in Your Lawsuit
Your attorney can discuss how South Carolina’s negligence laws impact claim value. As your lawyer builds your argument, they will look for ways to prove that a liable party was negligent. They want to show a judge or jury that the following elements of negligence were present at the time of your highway accident:
- Duty of Care: A party is expected to comply with state and federal regulations to avoid doing things that could cause you or others to get hurt.
- Breach of Duty of Care: The party chose to disregard their legal obligation to act in a cautious and safe manner toward others.
- Causation: Because the party decided to violate their duty of care, your accident happened, and you suffered injuries.
- Damages: The party’s actions are forcing you to deal with quantifiable or subjective losses.
In the same way, your lawyer will attempt to prove negligence, the defendant is likely to search for ways to dispute your argument. Your attorney will account for the case against you. In doing so, they can help you prove to the court that the defendant should be held responsible for 100% of your accident-related losses.
Submitting a Wrongful Death Highway Accident Lawsuit
A fatal highway accident involving a family member can devastate you and your loved ones. You may have no idea how to move forward from the incident. A Forest Acres wrongful death lawyer could help you recover damages from anyone who contributed to your family member’s death.
South Carolina law allows a personal representative or administrator of a deceased person’s estate to sue a liable party for damages. As such, if you are the child, parent, sibling, or grandparent of a fatal highway crash victim, you could have grounds for a lawsuit. A wrongful death attorney can learn about the accident and evaluate your legal options with you.
It can be emotionally taxing to cope with a family member’s death and submit a wrongful death lawsuit. Your lawyer will be empathetic and compassionate toward you and your family. They can handle your legal matters while you and your loved ones continue to care for and support one another.
Get Legal Help with Your Highway Accident Case in Forest Acres
The Shelly Leeke Law Firm offers legal assistance to highway accident victims and their families. We are available to examine your personal injury case and discuss the details of your case. Request a free case consultation with our team today to learn more about your options.
