If you suffer an injury in a car accident, you may be eligible for damages. To find out more about this, explore your legal options. Get in touch with a Walterboro personal injury lawyer, and we can help you determine if now is the right time to file a claim.
Shelly Leeke Law Firm has considerable experience with auto accident cases. Your Walterboro car accident lawyer is available to discuss your legal options for financial relief. Contact us today to schedule your 100% free consultation.
Your Initial Steps After a Car Accident Are Critical
While taking legal action is going to be the last thing on your mind immediately after your collision, your initial steps could make or break your case. By remaining calm, cool, and collected, you may have the upper hand when you go up against the liable party’s insurance company or file a personal injury lawsuit against them. Here is what you should do:
- If you have not done so already, move your vehicle over to the right side of the road so you are not blocking traffic.
- Call emergency responders and the Walterboro Police Department for help.
- Start to gather evidence that could be used to prove liability at the accident scene, including taking photos of property damages and injuries and requesting contact information from witnesses and other involved parties.
- Get a medical evaluation even if you believe your injuries are minor.
- Contact a car accident lawyer in Walterboro for legal guidance and support.
Shelly Leeke Law Firm may be able to meet you at your Colleton Medical Center hospital room or schedule a virtual consultation if that is more convenient. In the meantime, do not post anything about the accident on social media or online. If the defense sees your posts it gives them an opportunity to misconstrue them which could have an adverse impact on the outcome of your case.
The Injuries You Endure Could Be Life-Changing
If you are worried your injuries are not serious enough to take legal action, you can breathe easier. There is no legal requirement that states your injuries must be near-fatal or permanently debilitating. We do, however, see certain types of injuries in car accident claims more often than others, including:
- Amputation
- Burn injuries
- Broken and fractured bones
- Road rash
- Concussion
- Soft tissue injuries
- Traumatic brain injuries
- Paralysis
- Whiplash
- Seat belt injuries
- Organ damage
- Internal bleeding
- Spinal cord injuries
- Back injuries
While there is no specific type of injury that warrants a personal injury lawsuit after a car accident, the impact of your injuries does. We must be able to demonstrate how significantly your injuries have affected your ability to live life normally. This does not mean you must have incurred millions of dollars in medical expenses, but we must be able to show the court that you are experiencing physical injuries, emotional trauma, or exorbitant financial losses for your claim to be successful.
Insight into the Type of Car Accident You Were Involved In
The type of car accident you were involved in could be one of the most valuable pieces of evidence to your case. The burden of proof in car accident claims is based on a preponderance of the evidence according to South Carolina Code §15-36-100, meaning the evidence presented must demonstrate that the defendant is likely responsible for causing your injuries. Some of the most common types of motor vehicle accidents we have handled in Walterboro include:
- Drunk driving accidents
- Rear-end collisions
- T-bone accidents
- Commercial truck accidents
- Sideswipe accidents
- Head-on collisions
- Speeding accidents
- Accidents at intersections
- Left turn accidents
Many of these accidents can clearly demonstrate when another driver’s negligence causes the collision. For example, in a rear-end collision, we would immediately know to consider the following driver’s liability for failure to leave enough stopping distance. You can rely on our team to carefully investigate so we can gather the evidence needed to support your case.
Damages You Can Recover After a Walterboro Car Accident
Every car accident is different, and the damages you can recover after your crash depend on many factors. You can request both economic and non-economic damages as described under the South Carolina Noneconomic Damage Awards Act of 2005. Some examples of compensation that could be awarded after a car accident include:
- Medical bills
- Lost wages
- Car damage
- Pain and suffering
Economic damages are quantifiable, while non-economic damages are subjective. Your car accident attorney in Walterboro can help you calculate your losses. Once we determine this amount, we can file your claim and request the fair and just compensation you deserve.
The Walterboro Car Accident Claims Process
The average settlement for an auto accident claim varies. To get started with your claim, we will need to notify the liable party’s insurance company about your crash since South Carolina is a fault insurance state, according to the South Carolina Department of Insurance. Then, both the other involved party’s attorney, the insurance company, and our team will conduct separate investigations to determine who is at fault.
In South Carolina, drivers are required to carry liability and uninsured motorist coverage. If the at-fault driver in your crash has sufficient policy limits based on your losses, you may recover the compensation you are entitled to without having to sue. However, if the other driver does not have adequate coverage and your uninsured motorist protection is insufficient, you may have to move forward with a lawsuit to get your damages covered in full.
Shelly Leeke Law Firm has an outstanding track record in auto collision cases. Your car accident lawyer in Walterboro can help you through these overwhelming times and demand the at-fault party be ordered to compensate you for every loss, even if that means going to court to do so. For more information, reach out to our legal team to discuss the specific details of your case.
Filing a Wrongful Death Car Accident Claim
You may have grounds to file a wrongful death claim with a wrongful death lawyer relating to an auto crash if a family member passes away. The statute of limitations for personal injuries applies to this type of case, so you will have up to three years to file your lawsuit in accordance with the South Carolina Code of Laws §15-3-530. We can discuss the details of your fatal car accident and help you submit your claim if you have the authority to do so.
Per South Carolina Code §15-51-10, a wrongful death refers to a loss of life that occurs due to a negligent act. For example, a motorist may drive while intoxicated. If this driver causes an accident that kills someone, the family of the deceased person (decedent) may be eligible to sue.
The plaintiff in a wrongful death lawsuit may be a decedent’s parent, child, or spouse. In some cases, a legally appointed heir or executor of an estate may be able to request damages. The plaintiff may request economic and non-economic damages in their lawsuit.
Your Time Is Limited to File Your Car Accident Claim
Do not wait too long after your auto crash to submit your claim. There is a three-year statute of limitations for personal injury claims in South Carolina according to the South Carolina Code of Laws §15-3-530. Beyond three years, you may not be able to file a claim from anyone responsible for your car accident injury.
When you work with a dedicated car accident attorney in Walterboro from our firm, we can go over your legal options with you. It may be beneficial to submit a claim to an insurance provider. If the insurer does not respond or denies your request for compensation, you can sue the at-fault driver.
The time it takes to settle a car crash claim is based on the willingness of the parties involved to resolve the case. We represent your best interests through this process. We can help make sure you do not accidentally accept a “lowball” settlement.
Who to Sue in a Walterboro Car Accident Case
In many lawsuits, the driver responsible for a crash is considered the at-fault party. There are times when another party is at fault. To determine liability, review the facts of your case with your legal advocate at Shelly Leeke Law Firm.
If you get into an accident with an Uber or Lyft driver, you and your Uber and Lyft accident lawyer in Walterboro may be able to hold the ridesharing company accountable for your crash. If your collision involved a commercial truck, the trucking company or auto parts manufacturer may be partly responsible for your collision. With help from our representatives, you can figure out who should be sued and prepare your claim accordingly.
Keep in mind that South Carolina is a fault state. This means that to get compensation after an auto accident, you may need to go through the at-fault motorist’s insurance company. Expect the insurer to protect their own best interests over yours — and expect your attorney to fight hard to get compensation for you.
How Auto Insurance Companies Handle Car Accident Claims
The at-fault driver’s insurance company is likely to do everything possible to avoid paying out your claim. For instance, in the first few days after your accident, the insurer may contact you. They may push you to accept a settlement or accept some or full responsibility for your collision.
When you hire Shelly Leeke Law Firm, you do not have to negotiate with an insurance company. We can answer frequently asked questions about car collision claims and renegotiate settlement terms when their offer is unreasonable. We can deal with the insurer on your behalf and ensure you do not say or do anything that could compromise your case.
If an insurance company calls you following your auto accident, notify us as soon as possible. Do not say anything on the record, as this could be used against you. Instead, let us handle negotiations with the insurer, and we will keep you up to date every step of the way.
How Comparative Negligence Applies to a Car Accident Claim
The negligent driver in your auto accident case may claim you were in some way responsible for your collision. Based on the South Carolina Contribution Among Tortfeasors Act, they may be able to avoid paying damages if you share liability for the injuries you sustained or the accident that caused them. Under the law, if you are found to be primarily responsible for your car crash, you may be barred from receiving compensation through your personal injury lawsuit.
As an example, a judge or jury may find you are 60% at fault in an auto accident if you were distracted driving when you struck a pedestrian who was jaywalking. If this happens, the judge or jury may rule in the defendant’s favor and say that you are primarily responsible for your collision. You may not receive any compensation in spite of the fact that both you and the defendant are partly at fault.
Comparative negligence can also cause you to receive less than what you originally requested in your auto accident lawsuit. If a judge or jury finds you are 20% responsible for your crash, you will still get compensation, but the damages you receive are reduced by your percentage of fault. In this scenario, you would get 80% of the damages you initially demanded.
How to Prove Fault in an Auto Accident Case
Evidence can play an important role in your car accident case. If you preserve evidence from the accident scene, you may be able to show that the other driver was negligent. This can compel a judge or jury to award damages when the elements of negligence are clear and convincing.
To prove fault, we must show that the defendant in your case had a duty of care toward you. This duty is a legal obligation to avoid careless acts that could put you and others in danger. When the defendant caused your accident and injury, they violated this obligation.
Then, we must verify that the defendant’s actions resulted in losses. We can provide medical records, pay stubs, and other documents that highlight your damages. These pieces of evidence can strengthen your argument and make it clear to a judge or jury why you deserve the most compensation possible.
Walterboro Car Accident FAQ
The aftermath of your car accident in Walterboro will likely be chaotic. In the hours and days after the collision, you may find yourself with many unanswered questions about who is responsible, how you can hold them accountable, and how significantly your life will be affected by the injuries you sustained. It is our goal to help you get through these difficult times and come away with the compensation you deserve.
We do not want you to have to spend hours searching online for the answers you need when you are feeling anxious and worried about the future. For this reason, we have compiled a quick FAQ below that discusses some of the most commonly asked questions our car accident clients have had regarding their claims. If you have additional concerns we failed to address on this page, do not hesitate to contact our legal team to discuss your specific questions further.
How Much Does It Cost to Hire a Walterboro Car Accident Lawyer?
You will never have to worry about the cost of hiring a car accident attorney when you choose Shelly Leeke Law Firm. We work for car accident victims on contingency in accordance with South Carolina Judicial Branch Rule 1.5: Fees. This means we do not require a down payment and our attorney’s fees are contingent upon winning your case.
You read that right. If we do not win your case, we do not get paid. As part of our agreement, you will not pay anything for the costs of pursuing your case either. We absorb every expense incurred on our behalf and take all the risk so you do not have to.
What Happens if My Child Was Injured in a Car Accident?
Children have the same right to compensation as adults when they are involved in serious car accidents. The statute of limitations will automatically toll. This means the countdown for filing your child’s claim will be paused until they reach the age of 18.
However, you may have the right to file a claim on their behalf if you do so within the deadline for the personal injury statute of limitations. This may be well-advised, particularly if your child has an excess of medical expenses that need to be taken care of or requires significant healthcare due to the extent of their injuries. You can explore your legal options for financial relief further when you contact our legal team for a free consultation.
Will I Be Awarded Punitive Damages?
It is difficult to say whether punitive damages will be awarded in your case. According to South Carolina Code §15-32-530, punitive damages are only issued if the defendant’s conduct is deemed egregious, malicious, or reprehensible. Punitive damages are frequently awarded, as negligence is not the same thing as abhorrent conduct.
Punitive damages are not a type of loss you can demand as part of your injury claim. The Walterboro civil court system will only award punitive damages for two reasons. They may find it appropriate to punish the liable party for their conduct beyond being ordered to cover your compensatory losses, but also find it necessary to send a message to the community which could potentially prevent similar incidents from occurring in the future.
Work with Walterboro’s Leading Car Accident Law Firm
If you are ready to demand justice after being involved in a critical motor vehicle wreck, partner with the Shelly Leeke Law Firm. Your dedicated Walterboro car accident attorney is ready to make the at-fault party pay. Schedule your free, no-obligation consultation as soon as today by calling our office or filling out our online contact form.
