Bluffton Car Accident Lawyer
If you are seriously injured in a car wreck, it may be very confusing to navigate the legal terms, limitations, and processes related to financial recovery by yourself. An experienced Bluffton car accident lawyer could evaluate the circumstances of your accident to help you determine whether you have a valid claim. If you do, a seasoned personal injury attorney could work on your behalf to pursue financial damages for the economic and non-economic losses you have incurred from someone else’s negligence.
Negligence in Bluffton Car Wreck Cases
The legal theory most commonly used to hold people at fault for car crashes is negligence. Negligence has four distinct elements—duty, breach, causation, and damages. To pursue a successful car crash case, a Bluffton attorney would be required to prove each of these elements:
- Duty – the at-fault driver had a duty to behave with a certain standard of care, like how all drivers have a duty to follow traffic laws and drive reasonably
- Breach – the at-fault driver violated the standard of care they were supposed to follow
- Causation – the at-fault driver’s breach of duty directly caused the car accident
- Damages – because of the at-fault driver’s breach of duty, the plaintiff suffered actual damages
The Doctrine of Modified Comparative Negligence
Under South Carolina Code §15-1-300, anyone who is more than 50 percent at fault for an accident may not recover anything from the other driver. If an injured person is 50 percent at fault or less for the accident that caused their injuries, they could still recover from the other driver, but their damages would be reduced proportionately by the percentage of blame they are assigned.
Deadline to File a Complaint for Damages
S.C. Code §15-3-530 sets the statutory deadline for any type of civil case that could stem from an auto accident. Whether for an auto accident injury or vehicular damage caused by a collision, the law provides victims three years from the date of the crash to petition the state courts for a civil remedy. In cases where someone dies as a result of the car accident, the statutory clock would not begin to run until the date of the accident victim’s death, which could differ from the actual date of the crash. Reach out to a skilled lawyer for help with filing a claim promptly.
Types of Damages Available
After a collision, there are two primary types of damages that a car accident lawyer in Bluffton could pursue on behalf of the injured victim: economic damages and non-economic damages. Economic damages are the specific costs someone incurs as a result of their injury or damage to property. These could include both past and future medical expenses, lost wages, future lost earning potential, and car repairs.
Conversely, non-economic damages constitute the abstract costs of an accident, such as loss of spousal companionship and emotional distress. These could also include losses such as physical pain, emotional suffering, and loss of enjoyment of life.
Talk to a Bluffton Car Accident Attorney Today
If you would like to pursue fair compensation following a collision, it may be in your best interests to speak with a Bluffton car accident lawyer who is highly familiar with the state’s auto accident compensation laws. Dedicated legal counsel could evaluate the strength of your case and work with you to maximize your recovery.
It is often crucial to seek legal consultation as soon as possible after a car accident. Call Schiller & Hamilton today to schedule your case evaluation.