You may drive your car in a parking lot or walk to your vehicle and get into an accident. In this situation, it may be best to seek help from a Myrtle Beach car accident lawyer. By working with a Myrtle Beach parking lot lawyer, you may be able to pursue damages from the party responsible for your accident.
The Shelly Leeke Law Firm has over a decade of experience in personal injury cases. Let us help you with your injury claim. To get started, reach out to us.
Why Parking Lot Accidents Happen
Following your accident, you may not be liable for your losses. At the Shelly Leeke Law Firm, a Myrtle Beach personal injury lawyer may be able to help you file a claim against the at-fault driver. Contact us today to speak with our Myrtle Beach parking lot attorney.
According to the National Safety Council (NSC), tens of thousands of crashes are reported in parking lots and garages every year. They tend to happen more often on Black Friday and during the holiday shopping season than at other times of the year. Parking lot and garage accidents can result in injuries and fatalities.
A driver may get distracted or make other mistakes behind the wheel. Regardless, they are responsible for driving safely. If a motorist causes an accident in a parking lot, they can be held accountable.
Parking Lot Accident Liability
A parking lot lawyer in Myrtle Beach can provide you with a breakdown of negligence laws in South Carolina. In many instances, a motorist is liable for an accident in a parking lot. To prove liability, you must show the following elements of negligence were present at the time of your incident:
- Duty of Care: The at-fault party was legally obligated to act in a cautious and reasonable manner.
- Breach of Duty of Care: The party violated their obligation, putting you and others in danger.
- Causation: The party’s actions led to your accident.
- Damages: You are dealing with economic and non-economic losses due to the party’s actions.
Your lawyer will look at the facts of your case and help you figure out who is liable. They can also work with you to calculate your losses. Your attorney will then submit your claim in accordance with South Carolina’s statute of limitations.
Statute of Limitations for a Parking Lot Accident Claim
One of the biggest personal injury myths relates to the amount of time you have to submit a claim. Some believe you can file a claim at any time, but you only have a limited window to do so. In South Carolina, you may have a maximum of three years from the date of your parking lot accident to seek compensation from a liable party.
You may request economic and non-economic compensation. A judge or jury may award economic damages for your medical bills and other quantifiable losses. You may receive non-economic compensation for pain, suffering, and other subjective losses.
A parking lot attorney in Myrtle Beach may encourage you to ask for economic and non-economic damages. They will work with you to build an argument designed to show a judge or jury that you deserve these damages. If they succeed, you may get 100% of the damages you are requesting.
How a Parking Lot Accident Claim Works
There is an automobile insurance requirement in South Carolina. If another driver hits your car or slams their vehicle into you, you may be eligible to request compensation through an insurance claim. You may submit a claim through insurance, and the at-fault motorist’s insurer may cover your losses.
An insurance company may offer less damages than those you have actually suffered. Or, it may attempt to blame you for your accident. In either of these scenarios and many others, it may be difficult to get compensation through an at-fault party’s insurer.
If a liable driver’s insurance provider will not cover your claim or this motorist lacks sufficient coverage, you may want to move forward with an injury lawsuit. Your attorney can represent you against an at-fault driver’s insurance company or in a lawsuit. They can help you gather evidence to show that you deserve the maximum amount of damages.
How Much Your Parking Lot Accident Claim Is Worth
Your lawyer can explain what compensatory damages are and how much money you may be able to receive from an at-fault party. They can evaluate your accident and determine how much harm you have incurred. You may be able to seek compensation for many reasons, such as:
- Car repairs or replacement
- Emotional trauma
- Lost wages
- Medical bills
Just because you request damages does not guarantee you will get them. You are responsible for the burden of proof.
Comparative Negligence in a Parking Lot Accident Case
Your lawyer can answer frequently asked questions and others surrounding comparative negligence. In a parking lot accident, you may be held partly responsible. Depending on your percentage of liability, you may be able to receive only a fraction of the damages you initially requested or no compensation at all.
With comparative negligence, you cannot be primarily liable for an accident to secure damages. If you are less than 50% liable, you may recover a portion of the damages you request. Alternatively, if you are more than 50% at fault, you may not get compensation.
For example, a judge or jury may say you are 20% liable for your accident in a parking lot. If this occurs, you may receive 80% of the damages you originally sought. In a situation where a judge or jury finds you are 51% liable, you may not recover damages.
Partner with an Attorney
You have legal rights, and you should exercise them if you got hurt in a parking lot accident caused by someone else. At the Shelly Leeke Law Firm, we can assist you with your personal injury claim. To schedule a free case consultation, contact us today.
