There is virtually no aspect of your life that will remain unaffected by the trauma of your UPS truck accident. Not only could you struggle to cope with the emotional distress of the collision, but the devastating financial losses and extreme physical injuries could permanently alter your future. Fortunately, when you have a highly experienced South Carolina UPS truck accident lawyer from Shelly Leeke Law Firm on your side, you can demand justice and the compensation you need to get through this difficult time.
Your dedicated South Carolina truck accident lawyer has 10+ years of trial experience and will handle every legal detail so you can devote more of your energy toward healing. We can help you stay afloat while we move through the claims process and hold all liable parties accountable. Learn more about how the claims process works and who could be sued for your UPS truck accident damages when you contact our office to request a free consultation.
How UPS Truck Accident Insurance Claims Work
UPS truck accident insurance claims are among the most common ways to recover compensation after a wreck. Your South Carolina personal injury lawyer will be able to handle the insurance claims process on your behalf. Since South Carolina follows fault-based insurance laws as described by the South Carolina Department of Insurance, we will file a claim against the at-fault party’s insurance company.
The insurer will be expected to compensate you based on the policyholder’s policy terms. This coverage may not be enough to fully meet your needs. Fortunately, any remaining damages that are not covered by the insurance company can be demanded through your personal injury lawsuit in court.
Remember, the insurance company will only need to pay for the covered losses as outlined in the liable driver’s policy. There may be multiple damages that are not covered through insurance. By planning to pursue every opportunity for financial relief with your South Carolina UPS truck accident attorney, you can better prepare for all possible outcomes.
South Carolina UPS Truck Accident FAQ
Is UPS Responsible for Compensating Me After an Accident?
UPS could be responsible for compensating you after a collision if they are found liable. There are several instances in which UPS could share culpability for your injuries. Keep in mind that UPS is responsible for the actions of their truckers and the maintenance of their vehicles, so if one of their drivers is responsible for causing the accident, we may have grounds for a claim against UPS.
This is particularly true if UPS fails to do their due diligence before hiring the driver. If the driver who hit you has a history of traffic violations or criminal convictions, and UPS hired them anyway, they may share the blame for the injuries you sustained. We may also have the right to sue UPS if the UPS truck is defective or malfunctioning due to a failure to maintain the vehicle.
Is There a Time Limit for Filing a Lawsuit Against UPS?
Yes, like any personal injury lawsuit, there is a deadline for filing a civil claim against UPS or another liable party in your truck accident. Typically, the statute of limitations will expire three years from the date of the alleged offense as described under S.C. Code Ann. §15-3-530. If you miss the deadline, it is almost certain that the court system will refuse to hear your case.
However, there are always exceptions to the rule. For instance, if the UPS truck driver who hit you fled the state, the statute of limitations would “toll” or pause counting down. It will also temporarily toll if you have a minor child who is injured in the collision or you did not receive your official diagnosis until some time after the wreck.
How Do I Know if My Injuries Are Severe Enough?
Keep in mind that it is not the type of injury you suffered that determines the severity of the injury. For instance, a broken bone may be considered a “minor” injury. However, if you are someone who was passionate about running marathons and can no longer do so because your broken leg never fully healed, this injury may be considered mentally and emotionally devastating.
It is important to consider not only the financial impact of the injuries you suffered but the emotional trauma as well. There are countless types of injuries you may be able to sue for. Brain trauma, broken bones, spinal cord injuries, paralysis, and post-traumatic stress disorder (PTSD) are only a few.
Can Punitive Damages Be Issued?
Yes, it is possible punitive damages may be awarded in your UPS truck accident case. Your South Carolina truck accident lawyer will carefully review the circumstances of your collision to determine whether the defendant’s conduct warrants these damages. Typically, we will need to show that the defendant intended to cause the accident, acted in great malice, or was grossly negligent as described under S.C. Code Ann. §15-32-530.
While you might have hoped punitive damages would be awarded, it is not always appropriate to do so in all personal injury claims. If the defendant was momentarily distracted or could not stop due to a vehicle defect, punitive damages may not be necessary. However, if the defendant intentionally caused the collision, the court system may find it necessary to punish them further.
Trust in a High-Powered UPS Truck Accident Lawyer in South Carolina for Help
After everything you have been through, you may be ready to give up hope that you will ever get the justice you deserve. However, the at-fault party should not get away with their negligent actions. Our UPS truck accident lawyers in South Carolina do not believe there is any reason you should be forced to take on the burdens of their recklessness without just compensation.
Meet with a reputable UPS truck accident attorney in South Carolina from Shelly Leeke Law Firm to take inventory of your damages and explore your legal options for recourse. With a comprehensive investigation and powerful supporting evidence, you may be able to access the financial support you need sooner. Get started on your UPS truck accident insurance claims and personal injury lawsuits when you fill out our secured contact form or call our office to schedule your free consultation as soon as today.
