After a car accident, contact a Charleston car accident lawyer. As a trusted Charleston personal injury lawyer, Shelly Leeke Law Firm has supported many people in recovering damages from those who caused them injury. We can help you to get through this process with confidence and compassion.
Choosing a Car Accident Lawyer in Charleston Is a Critical Decision
Have you sustained injuries in a car accident that was not your fault? Maybe a car came out of nowhere and crashed into you, for example. Now, all you are left with is hospital visits, expensive treatment bills, and property repair costs for your car’s damage.
If the description above fits your current situation, you might be eligible for financial compensation. You need an experienced Charleston car accident lawyer who has decades of experience maximizing the outcome for their clients. Consult a Charleston personal injury lawyer at Shelly Leeke Law Firm to discuss your rights in your automobile accident case.
Our team at Shelly Leeke Law Firm has decades of experience working to maximize the recovery of car accident victims throughout South Carolina. Let us put this experience to work for you. Contact us for a free consultation today to get started, and review some things to consider before hiring an injury lawyer in Charleston to prepare before your call.
Common Types of Car Accidents
Before we can begin working on your insurance and personal injury claims, we must conduct an in-depth investigation into how your motor vehicle accident occurred. Our personal injury attorney in Charleston will work closely with you, the police, and witnesses to gather this information. Car accidents can take several forms, including:
- Drunk driving accidents
- Rear-end collisions
- Head-on collisions
- Accidents at intersections
- Distracted driving accidents
- Motorcycle accidents
- Sideswipe accidents
- Drowsy driving accidents
- Pedestrian accidents
- Multi-vehicle pileups
- T-bone accidents
- Red light accidents
- Commercial truck accidents
- Bicycle accidents
- Single car accidents
These are only a few examples of car accidents our clients have been involved in. If you were injured in another type of collision that was not described above, do not feel discouraged. A reputable car accident lawyer in Charleston, SC, at Shelly Leeke Law Firm, will be available to review the details of your case and determine whether you have grounds for legal action.
Grounds for a Car Accident Claim in Charleston
Our analysis of the cause of your car crash will help us determine whether you have grounds for a claim. This is because most car accident victims only have grounds for a lawsuit or insurance claim if someone else is responsible for causing the accident. We must ensure the elements of negligence have been met as follows:
- Duty of care – The driver that hit you or another liable party owed you a duty of care, meaning they had an obligation to your safety, health, or well-being.
- Breach of duty – The accused must have violated their duty to your safety, health, or well-being by operating the vehicle unsafely or without regard for other motorists or their passengers, for example.
- Causation – The defendant’s actions must be the cause of the accident or your serious injuries.
- Damages – While your injuries do not need to be life-threatening, they must be impactful, whether that be emotionally, psychologically, physically, financially, or in any other way.
If you are unsure if you have a car accident claim or what steps to take next, let our Charleston car accident lawyer provide you with insight and support. Our years of experience enable us to help our clients navigate negligence claims so that we can file the maximum claim possible. When someone hurts you, you need a legal team ready to fight for you.
The Burden of Proof
When pursuing a personal injury lawsuit of any kind, your car accident lawyer must meet the burden of proof. In civil court, the burden of proof is based on a preponderance of the evidence, meaning evidence presented must convince the jury of the defendant’s liability, but it does not need to be beyond a reasonable doubt. This may be a lower burden of proof than what is seen in criminal court, but the evidence we present must still be powerful and could include:
- Copies of your medical records
- Photos of your injuries and the damage at the car accident scene
- Video footage of the collision obtained from dash or traffic cams
- Witness testimony, including statements from close friends and family
- Copies of the defendant’s breath or blood alcohol test results
- Reports generated by accident reconstructionists
- Expert testimony from law enforcement officials, forensic analysts, and other third parties
- Copies of the defendant’s driving and criminal histories
Our car accident legal team will gather data from any resource available to help support your claim. We talk to witnesses, gather any visual evidence available, discuss your case with experts, and consider your short- and long-term needs. Allow us to ensure you file the maximum claim possible with all of the evidence available.
Common Types of Injuries Charleston Car Accident Victims Sustain
There is no one specific type of injury that qualifies for legal action after a motor vehicle wreck. Your personal injury attorney will evaluate the extent of your injuries and their impact on your life to determine how much your insurance claim and civil lawsuit are worth. Our clients have endured a wide array of injuries, some of which could include:
- Internal bleeding
- Road rash
- Traumatic brain injuries
- Amputation
- Organ failure
- Soft tissue injuries
- Post-traumatic stress disorder (PTSD)
- Back injuries
- Compound fractures
- Contusions and abrasions
- Spinal cord injuries
- Lacerations and sepsis
- Broken bones
- Paralysis
- Child injuries
- Dental injuries
- Whiplash
- Third-degree burns
- Facial injuries
Many times, our clients also face emotional and mental health challenges from car accidents and the trauma they cause. Do not overlook the importance and value of this type of loss, as it may be a part of your claim. Talk to a Charleston catastrophic injury lawyer for help.
Causes of Car Accidents in Charleston
Once we determine whether you have grounds for a claim, we need to focus on proving the cause of the collision. Many motor vehicle accidents are caused by negligence or reckless driving. Some examples of negligent driving in Charleston could include:
- Failure to stop
- Drunk driving
- Failure to yield
- Making illegal terms
- Speeding
- Driving under the influence of drugs
- Drowsy driving
- Aggressive driving
- Failure to check blind spots
- Failure to use a turn signal
- Distracted driving
- Following too closely
However, it is important to note that reckless driving is not the only reason car accidents occur. Defective motor vehicle parts, negligent dram shops, and hazardous road conditions are also some of the top causes of car accidents in Charleston. Once we have determined how the car accident occurred, we will have a better understanding of which parties should be held accountable for your damages.
Who Is Responsible for Your Damages After a Car Accident in Charleston
Some accidents have an obvious cause and perpetrator. In other cases, third parties who had nothing to do with the incident but contributed to its cause and any ensuing damage may be held liable. Your Charleston car accident attorney can help establish fault and get compensation for your suffering.
Who is responsible is not always just one party either. When filing a car accident claim, we look at all of the facts to determine which parties have any responsibility. This then allows us to pursue legal action against anyone responsible.
Some cases are more challenging. They create a higher level of risk to you, the victim, in recovering your claim. What happens when a commercial driver or government agency is involved?
Suing a Commercial Driver
A cab or delivery truck, for instance, may have struck you. It is possible that you will not know who to hold liable for your losses. The one responsible for your pain and suffering should pay.
You may find that your claim is not simple. There might be a case for compensation if you were injured in a vehicle collision with an employee while they were working. Most often, the company’s management is held liable for an employee’s inappropriate behavior on the job.
When you are hurt by a commercial driver, also note that you may end up facing far more scrutiny from the insurance company. This is one of the reasons why you should work closely with a legal team. Do not let them take advantage of you.
Suing a Government Agency
What if you were involved in an accident because the government agency responsible for maintaining the road did poorly? It might be difficult to file a lawsuit against the state of South Carolina. The majority of states’ laws exist to shield state and local governments against personal injury claims, such as those arising from vehicle accidents.
Buses, cars owned by the government, and other accidents can happen. When they do, you may have the right to compensation. Do not assume you cannot sue.
Instead, meet with our Charleston car accident attorney. Let us discuss your case with you. If we can hold someone responsible, we will.
Auto Parts Manufacturers
When malfunctioning vehicle parts cause your wreck, nearly anyone involved in the design, manufacture, or distribution of these parts could share the blame. This does not only include parts manufacturers, designers, and distributors. Other parties who could share culpability include:
- Motor vehicle dealerships
- Maintenance technicians
- Executives and officials
- Safety inspectors and quality control professionals
To determine if this is a risk, we may consider other accidents these vehicles have been in. It takes some research to determine whether or not a manufacturer was responsible. Expect us to do the work to prove it if possible.
Dram Shops
When a drunk driver is responsible for causing your accident, filing a claim against the Dram shop that oversold or served them alcohol may be an option. Under dram shop liability laws in South Carolina, if an establishment serves or sells alcohol to someone who is already clearly and visibly intoxicated, they can be held accountable for any injuries or damages the drunk driver goes on to cause. Supermarkets, liquor stores, sports venues and stadiums, nightclubs, bars, and even convenience stores have been named in dram shop liability claims after a car accident.
Though the drunk driver may be responsible, these other locations may be as well. Gathering evidence to prove this claim is challenging. Our car accident attorneys will work to find any evidence to support your case.
Dram shop laws are in place for a reason. Overselling alcohol to people puts many lives at risk. If this occurred in your case, it is worth pursuing legal action.
Dealing with the Insurance Company
Following the accident, you might be approached by the auto insurance company to offer you a settlement. Should you accept this initial offer? We encourage you to speak to a Charleston car accident attorney first.
The insurance company will probably not be thrilled to receive your reimbursement request. If at all possible, they will take measures to reduce your settlement amount and pay you as little compensation as possible. As a result, the insurance provider will likely attempt to find reasons not to pay you what you’re owed.
An example of this would be if they offered you a settlement much lower than the value of your claim and justified it by arguing that it was the best they could do. You will have to take a stand if you want the compensation you deserve. Your Charleston automobile accident attorney may assist you in taking the insurers to court to receive adequate compensation.
Insurance Only Covers Specific Losses
Dealing with the insurance company is never easy. Unfortunately, even if you are awarded an insurance settlement, it may be worth far less than you were expecting. This is because insurance only covers specific types of covered losses.
According to the South Carolina Department of Insurance, SC is a fault state. If you are filing a claim with the liable party’s insurer, the amount of coverage the defendant has will determine how much the insurance company will pay you. If, for example, the driver that hit you only has $50,000 per accident for bodily injury liability coverage, this means the insurance company will only pay a maximum of $50,000 for your medical expenses.
When this happens, and you have an excess of remaining damages, your car accident attorney in Charleston, SC, will consider whether filing a personal injury lawsuit is in your best interests. Many times, it is necessary. Discuss this with us.
Statute of Limitations for Personal Injury Cases in South Carolina
When planning to go to trial, you must consider the time limit for filing a claim in South Carolina. Yes, the statute of limitations differs for each state, depending on the nature of the claim. You have three years from the accident date to submit a claim for compensation for your injuries under South Carolina Code §15-3-530.
You cannot be sure of getting compensated for your losses if you wait to claim because every situation is different. The difficulty of resolving a case increases as time passes. The sooner you act, the better.
The reliability of available evidence declines. Contact your personal injury attorney as soon as possible. If you were at fault for the accident, your case dynamics might shift.
Shared Fault in Charleston Car Accidents
Finding out who was at fault for your car crash injuries is essential in getting the money you deserve after you have been hurt. South Carolina is a “fault” state, so although your insurance provider may assist you with things like a rental vehicle, you will ultimately be responsible for any damages if yours is damaged. If it turns out that you had any responsibility for the crash, your potential settlement might be reduced.
If you are partially at blame, do not panic. The law is still on your side. Your entitlement to compensation may be reduced by an amount equivalent to your degree of responsibility according to South Carolina law under Code §15-38-15.
For example, if you were driving 5 mph over the speed limit when you were hit by a drunk driver, the defense might argue you share the blame for the injuries you sustained. If the judge agrees, they might assign partial liability at 10%. If you were ultimately awarded a settlement valued at $3 million before your settlement comes in, 10% will be deducted, leaving you with $2.7 million.
Damages Can You Recover Compensation For
If you were injured in an automobile crash in South Carolina, our lawyers could help you get the compensation you deserve. This includes economic and non-economic damages. Some examples of recoverable damages could include the following:
- Medical bills
- Lost wages
- Impaired body
- Distress, agony
- Auto maintenance and service
- Income loss from lost workdays
- Modifications to one’s home due to disability caused by the accident
- Grief over potentially lost friend or loved one in the case of a deadly accident
If you sue the government in South Carolina, you may have less than the standard three years to do so, despite the state’s three-year statute of limitations on personal injury claims. There may be limits on the amount of money you get in damages, so it is in your best interests to pursue the highest possible payout. Consult a car accident lawyer in Charleston, SC, for assistance.
What Our Car Accident Attorneys in Charleston Can Do for You
At Shelly Leeke Law Firm, we have seen it all. Our legal team will work tirelessly to ensure you get just compensation. Our Charleston car accident lawyer will help you build a strong case. To save you the hassle, we can also handle the insurance company negotiations and investigate the accident when you contact us today for a free consultation.
