Have you endured the trauma of a devastating motor vehicle wreck? Have you negotiated a settlement or been awarded compensation through civil court? If so, you may be wondering how you will receive the funds you deserve.
Your North Charleston car accident lawyer with Shelly Leeke Law Firm must carefully evaluate the circumstances of your case to ensure we have accounted for every loss and exhausted all potential opportunities for financial relief.
This means that if you have only filed a claim with the insurance company, we may move forward with a personal injury lawsuit against the liable party.
However, generally, you will have several potential legal options available to you, including a claim with the insurance company, an out-of-court settlement, or judgment through a personal injury lawsuit.
Potentially Recoverable Damages in Car Accident Settlements
Whether you are filing a claim with the insurance company, obtaining a settlement outside of court, or bringing forward a personal injury lawsuit, you have the right to be made whole. This means you should be fully reimbursed for your economic and non-economic damages. These compensatory damages are losses you are entitled to, but your personal injury lawyer in North Charleston can help you fight for punitive damages if certain circumstances apply.
Economic Damages (Special Damages)
Economic damages are some of the most frequently sought-after types of damages due to their financial value. They are easiest to quantify and easily verifiable through bank statements and financial records. Some examples of special damages, also called economic damages, include:
- Medical bills
- The diminished value of your vehicle
- Damage to your credit score
- Physical therapy
- Ongoing healthcare costs
- Medical home accommodations
- Lost wages
- Damage to your vehicle
- Rental car costs
- Medical equipment, such as wheelchairs and prosthetic limbs
- Loss of use of your vehicle
- Increases to your auto insurance premiums
- Other property damages
Non-Economic Damages (General Damages)
Non-economic damages are any loss that is not monetary. They are more difficult to calculate since they are completely subjective and can impact every person’s life differently. Some examples of potentially recoverable non-economic damages, or general damages, could include:
- Mental anguish
- Fear of driving
- Chronic physical pain
- Loss of spousal interaction
- Psychological trauma
- Inability to enjoy past hobbies
What to Expect When Filing an Insurance Claim
It is required by law in South Carolina that you have insurance to cover liability as well as uninsured motorist coverage. Whether you file the insurance claim with your own insurance company or with the liable party’s insurance company, there can be risks to your financial stability either way. We may advise you on the option most suited to the damages and injuries you have suffered, but ultimately, the decision is yours.
If you choose to file a claim with your own insurance company for personal injuries or property damages, there is a significant risk of your monthly premiums increasing. This is because the insurance company needs to recoup the compensation they pay out on your claim. Better options may be available, especially if there is a liable party with valid insurance where you can file a claim.
Filing a claim with the at-fault party’s insurance company may yield the results you are looking for, but there may even be a third party that can share responsibility. Usually, the company or law firm representing the liable party will try to offer an unsatisfactory settlement to avoid unnecessary court battles. The liable party may even have no auto insurance, but our legal team has the insight to know if you should bring your case before the court and fight for the compensation you deserve.
Out-of-Court Settlements
Rarely is a mutually beneficial outcome decided through a negotiated settlement outside of a courtroom. You should still consider this a valid option if we can negotiate fair and just compensation that the liable party will agree to. However, if the liable party is willing to ensure you are fully repaid for your losses without requiring a civil court judgment, this may be an excellent option for you and your family.
If your lawyer does suggest an out-of-court settlement based on all the information you have provided, as well as the evidence regarding your case, it will ultimately be your decision. The stresses of experiencing a traumatic event, such as a car accident, may have limited your ability to recognize the true value of your claim. Retaining a trusted legal advocate is crucial to acquiring the compensation you need and protecting you from being taken advantage of.
Compensation Awarded in Civil Court
After sustaining debilitating injuries in a car accident, you are already suffering from the burdens of physical recovery, financial anxiety, and rebuilding the life you once knew. Court cases can add even more unease to your already chaotic situation. Our team can help share your burden by building your case.
Depending on the strength of your case, a personal injury lawsuit brought against all liable parties may be the best way to maximize your financial compensation, but not without potentially significant risks. Even if you are not at fault for the accident, a judge or jury can still absolve the offending party. Your legal representative can examine the evidence obtained to determine whether it is in your best interests to pursue a personal injury claim.
Once all the information and evidence has been presented to the court, the judge or jury may deliberate and decide the outcome of your case. This outcome is final, which can make this a risky proposition if your case is not a powerful one. However, if you do have a strong case, court-ordered compensation can eclipse any previous settlement offers and bring you the financial and emotional security that had been shattered by the trauma you have endured.
Find the Compensation You Deserve with Shelly Leeke Law Firm
Car accidents can be devastating and traumatic events that can tear your life apart and leave you financially unstable. Your car accident attorney with Shelly Leeke Law Firm will work tirelessly to bring you the fair and just outcome you deserve. Call us today or fill out our contact form for your no-cost, no-obligation consultation now!
