If you are involved in a highway collision due to no fault of your own, seek medical help right away. Within days of the incident, consult with a Moncks Corner highway accident lawyer. When you do, you can find out if you have grounds for a personal injury lawsuit against any liable parties.
With over a decade of legal experience, Shelly Leeke Law Firm is well-equipped to handle your highway accident case. Discuss your case with a Moncks Corner car accident lawyer from our firm. Contact us today to get started.
How Liability Is Determined in a Highway Accident
One or more drivers could be held accountable for a highway accident. Many factors could determine who is found to be responsible for your highway crash. These factors include:
- Police report detailing the accident
- Statements from witnesses who saw the crash happen
- Weather conditions that may have played a role in the collision
- Violations of traffic laws
Shelly Leeke Law Firm’s Moncks Corner personal injury lawyers have helped our clients achieve outstanding case results. If you want help determining liability in a highway accident or with other aspects of your highway crash case, we are here for you. Schedule a free case consultation with a Moncks Corner highway accident attorney from our team.
How an Insurance Carrier Will Treat Your Moncks Corner Highway Accident Case
It is mandatory to have automobile insurance coverage if you live in South Carolina and drive a car in the state. Your insurance offers financial protection if you are responsible for an auto crash. In the same way, it helps you if someone else is responsible for a highway crash.
After your highway collision, you can tell your insurance company about the incident and open a claim. Ideally, your insurer will work with an at-fault motorist’s insurance carrier, and the companies will find you are not at fault. If this happens, you could receive compensation for your collision-related losses.
Unfortunately, a liable party’s insurance company may dispute your claim or offer far less than what it is actually worth. A highway accident lawyer in Moncks Corner can help you deal with either of these scenarios. They can negotiate a settlement with an insurer on your behalf or help you seek damages through an injury lawsuit.
When to Sue Someone Based on a Highway Accident
Generally, you have up to three years from the date you get hurt in a highway collision to sue a liable party for damages. A highway accident attorney in Moncks Corner can explain the statute of limitations relative to your case. They can share examples of car accident settlements and help you determine if now is the right time to file a lawsuit.
The legal process can be tricky, and suing for damages does not guarantee you will get compensation for your highway collision-related losses. Your lawyer understands the challenges you will face as you move through this process. They can provide legal tips, recommendations, and insights to help you address these challenges.
Your lawyer can provide information about what proof is needed in a South Carolina personal injury claim. In your lawsuit, you may need medical records, accident scene photos and videos, and other evidence. If you have an abundance of proof, it may be clear to a judge or jury why you should recover full damages.
Damages You Could Receive in Your Lawsuit
Your attorney can walk you through what are compensatory damages and the ones you could get based on your highway crash. A judge or jury could award economic and non-economic damages. Reasons why you may receive damages include:
- Medical expenses
- Lost wages
- Pain and suffering
- Loss of enjoyment
- Car repair or replacement costs
It is your responsibility to provide sufficient evidence to support your damages request. If you do, a judge or jury could rule in your favor. Alternatively, the defendant in your lawsuit may be inclined to offer a fair settlement.
Proving Fault in a Highway Accident Case
If you can prove negligence, you can show a judge or jury that you are in no way responsible for your highway crash. Your lawyer may focus on explaining to the court that the four elements of negligence were present at the time of your collision. These are:
- Duty of Care: This is a legal obligation that someone has to another, and they are expected to practice caution and avoid doing anything that could hurt others.
- Breach of Duty of Care: When someone violates their duty of care, they commit a careless and reckless act that puts others in danger.
- Causation: There is causation when someone breaches their duty of care and their actions result in a highway collision in which you get hurt.
- Damages: These are the quantifiable or subjective losses you suffer due to a party’s decision to violate their duty of care toward you.
Your lawyer can provide a breakdown of negligence laws in South Carolina. If the defendant in your lawsuit was negligent, and you can prove this, a judge or jury may have no qualms about awarding you damages.
On the other hand, if the defendant raises doubts about who is to blame, you may receive only a fraction of the damages you requested or no compensation.
The Potential Impact of Modified Comparative Negligence on Your Lawsuit
Your attorney can discuss how South Carolina’s negligence laws can impact your claim value. For instance, South Carolina has a modified comparative negligence statute. With this, you may be partly to blame for a highway accident and can have your damages reduced accordingly.
Based on modified comparative negligence, you can still receive damages if you are 1-50% liable for a highway collision. For example, a judge or jury says you are 20% to blame for your highway crash. This means the defendant in your case may have to pay 80% of your damages.
In a highway accident lawsuit in which a judge or jury finds you to be more than 50% at fault, you may be ineligible to recover damages. This is due to the fact that a judge or jury believes you are primarily responsible for the accident. With help from a lawyer, you can develop an argument that helps compel a judge or jury to rule in your favor.
Hire a Highway Crash Lawyer Who Focuses on Your Emotional and Financial Well-Being
Shelly Leeke Law Firm is a proven choice for those who want to pursue damages from anyone responsible for personal injuries.
We bring our experience and expertise to your highway accident case and can help you receive compensation for your losses. Request a free case consultation today.
