Car crashes on major highways often result in terrible damage and serious injuries. Those who are hurt may wonder how to move forward if someone else is to blame. By speaking with a Walterboro highway accident lawyer, you can determine who is at fault and how to hold them accountable for your damages.
With a team like Shelly Leeke Law on your side, you do not have to worry about handling the paperwork and insurance companies. With 10+ years of experience, we partner you with a Waterboro car accident lawyer to identify those to blame and ensure you or your loved one gets the justice and compensation they need. Contact us to arrange a free case review today.
A Police Report Can Play a Huge Part in Your Highway Accident Case
One of the first things you should do after a highway accident is get a copy of your police report. The police report will provide details about all drivers and may allow you to support your claim of who is at fault. A police report will help your lawyer, insurance company, and anyone else involved know exactly what happened to help support your side of the story.
For example, suppose you saw the other driver swerving across the highway before they caused the crash. If the police report shows evidence supporting this, your case can be stronger. This document can also show if someone was driving under the influence, speeding, texting or talking on the phone, or committing other unsafe behaviors.
Your Walterboro personal injury lawyer can help you examine the report for accuracy. If you ever review the report and find an error, you can change a police report. It may not be an easy task, but it is worth it if inaccurate statements may impact your ability to seek compensation.
Gathering Evidence of Your Injuries After a Highway Accident
While some people get into an accident and have a minor injury that goes away within days, you may have more serious conditions that require long-term care. You may need more doctor visits and medical care in the future. To ensure you include these projected costs in your damage demands, you should do the following:
- Keep all records of each doctor visit so you have medical proof.
- Consider rehabilitation options and make sure you include this treatment and the costs in your claim.
- Ask your highway accident attorney in Walterboro, SC, to connect you with specialists who can diagnose your injuries and develop an estimate of your future care costs.
Planning for the future can significantly affect how you move forward. Depending on the specifics of your injuries, recovery can take time. However, a clear roadmap can provide structure and hope during a difficult period.
Insurance Companies May Deny Your Highway Accident Claim
One of the most frustrating parts of being in an accident is that the insurance claim can be denied even when all of the facts point towards the other driver being at fault. If you receive a denial, you should know that this does not mean your entire case is over. You have the right to appeal and can do so with the following steps:
- Review your denial letter in-depth. Make sure you understand the specific reasons they provide for the rejection.
- Work with your highway accident lawyer in Walterboro, SC, to collect more evidence, such as medical records, photos, witness statements, and expert testimonials.
- Re-submit your appeal letter. Your new version should address each concern listed in the denial, along with the new evidence.
It can feel time-consuming and overwhelming to have to go back and forth with an insurance company. By putting a strong legal advocate on your side, your persistence and their advice can pay off in the end. They will make the process easier using their background and professional skills.
What to Expect When Going to Trial for a Highway Accident Case
Sometimes, a car accident can go to trial, especially if there are major injuries or if the parties cannot agree on a settlement. This may seem intimidating and even uncomfortable, especially if you have to testify on your own behalf. Thankfully, your attorney will explain what to expect and help you feel prepared.
Each side will present their side of the story, explaining how they believe the accident happened and who is at fault. They present evidence supporting or denying the negligence claim, and you, as the plaintiff, will have the burden of proof to show how their actions caused your harm. You must do this successfully to be eligible to receive a damage award.
At the end, the jury issues a verdict. A trial is a chance to present your story in detail, and it requires preparation and patience. Working with a dedicated legal team can make the process smoother and increase your chances of a favorable outcome.
Multiple Parties May Be at Fault
Highway accidents can become quickly complicated, especially if more than one person is at fault. The state of South Carolina has a modified comparative negligence process, according to the South Carolina Contribution Among Tortfeasors Act. If you are told you have less than 51% of the liability, you have the potential to still recover damages.
For example, suppose you are seeking $100,000 in compensation for a highway accident. If the court found you 50% at fault, you will get $50,000 instead of the entire amount. However, if the court assigns 51% or more fault to you, you cannot recover any losses at all, and your case may be dismissed.
Another scenario could be if more people were at fault, you could seek potential compensation from each person. For example, assume one person was speeding and hit another car in which the driver was using a cell phone while driving. If that distracted driver then hit you, you could have grounds to hold both drivers financially accountable.
Work With a Walterboro Highway Accident Attorney
A highway accident can wreak havoc on your life without any warning. A qualified Walterboro highway accident attorney from Shelly Leeke Law will be by your side as you navigate your case. Contact us to start with a free, confidential consultation.