803-902-4583
South Carolina Car Accident Lawyers
Helping Car Accident Victims Recover Full and Fair Compensation
One of the most traumatic experiences anyone can deal with is being injured in a car accident. Depending on the circumstances involved, accident victims may be forced to deal with expensive medical bills. Even with health insurance, unforeseen medical expenses can quickly cause a financial crisis for injury victims and their families. Sadly, many accident victims are unable to return to work as they recover from their injuries.
South Carolina law allows accident victims to try and recover compensation for medical bills, lost wages, and emotional trauma. However, insurance companies often try to blame victims for causing accidents so they can pay less than claims are worth.
Therefore, if you have been injured in a South Carolina car accident, the best step you can take is to hire an attorney who will fight to protect your legal rights.
Contact Schiller & Hamilton Law Firm at our South Carolina law firm today to schedule a free case evaluation with an experienced car accident lawyer who will professionally evaluate your case and determine your legal options.
What are the Benefits of Hiring a Car Accident Attorney?
If you have been involved in a car wreck, you may be unsure what steps to take to seek compensation for expenses and other damages. Many car accident victims are under the mistaken impression that they cannot afford to hire an injury attorney. However, most car accident lawyers work on a contingency fee basis, meaning they are not paid unless they win your case.
Most research statistics demonstrate that individuals who hire an experienced car accident attorney can recover more compensation than those who handle their cases independently. South Carolina personal injury law can be overly complex and confusing to try and handle on your own. Some of the most significant benefits of hiring a car accident attorney include:
- Professional evaluations: Accident attorneys have the skills and experience to professionally evaluate cases to determine if a valid claim exists and what legal options suit their client’s needs
- Assist with legal paperwork: Your attorney can assist you with filling out and filing legal paperwork and ensuring you meet all deadlines
- Collect evidence: Accident attorneys have the legal and financial resources to collect evidence such as medical records, police reports, video surveillance, and witness statements that will substantiate your claim
- Negotiate with the insurance company: An accident attorney will act as your legal advocate and negotiate with the insurance company to help you obtain a fair settlement
- Provide legal representation: An experienced car accident lawyer can take the case to trial if the insurance provider is unwilling to offer fair compensation for your claim
How Do I Know if I Have a Valid Car Accident Claim?
Many individuals involved in car accidents are unsure whether they have a valid claim. Under South Carolina accident law, individuals may seek compensation if they sustained injuries in an auto accident, if the incident damaged their vehicle, and if another driver caused the collision. In addition, any injuries or damage sustained must be eligible for compensation under the at-fault driver’s insurance policy.
One of the best resources for confirming a valid claim is to request a copy of the police report from the South Carolina Department of Motor Vehicles (SCDMV) or contact the other driver’s insurance provider.
However, if you are unsure about your legal options, it is wise to contact a car accident attorney who can professionally evaluate your case. Our South Carolina car accident lawyer has extensive skills and knowledge regarding the legal criteria for filing accident claims and can determine what legal options suit your needs.
Our car accident lawyers thoroughly evaluate each case to determine whether it meets the legal standards for filing a claim. If we agree to take the case, we can begin an investigation to gather critical evidence to substantiate your claim and maximize compensation.
Why Do Car Accidents Happen in South Carolina?
Car accidents occur countless times daily across the country, and South Carolina is no different. Although an auto accident can occur for many reasons, several commonly reported factors play a role in collisions.
Some of the most commonly cited factors that contribute to South Carolina car accidents include:
- Drunk driving: Accident statistics show that 55% of motorists who drive were found to be at fault for accidents were under the influence of drugs or alcohol
- Speeding or reckless driving: Excessive speeds or reckless driving can cause a driver to lose control, resulting in severe injuries
- Failing to obey traffic laws: Drivers failing to obey traffic laws, including failure to yield to other vehicles in intersections and running red lights, can easily result in accidents
- Driver fatigue: Fatigued drivers often make poor choices or fall asleep when driving, leading to vehicle accidents
- Inexperienced drivers: Teen drivers often do not have enough experience to react quickly to traffic incidents and make poor decisions, which can lead to accidents
- Adverse weather or road conditions: Poor road and weather conditions can easily cause drivers to lose control of their vehicles
However, one of the most reported causes of South Carolina car accident cases is distracted driving. In our modern age, many drivers are distracted by their cell phones, GPS, or car entertainment systems and are not paying attention to the road. Distracted driving often leads to deadly rear-end collisions or T-bone accidents.
Whether you have been in a minor car crash or a significant collision in South Carolina, you must have trusted car accident lawyers who can help you file an accident claim. For more information about why car accidents occur and how we can help, contact our South Carolina law firm today to schedule a free case evaluation.
What are the Most Reported Types of Car Accident Injuries?
Due to the many variables involved in car accidents, the number of injuries sustained by victims can also vary. For example, a minor fender bender may not result in injuries, whereas a major collision can result in victims suffering severe or catastrophic injuries.
Common Car Accident Injuries
Some of the most common car accident injuries include:
- Fractures or broken bones
- Head, neck, and back injuries
- Facial injuries
- Arm and leg injuries
- Internal injuries
- Burns
- Soft tissue injuries, including whiplash
Catastrophic Injuries
Some car accident victims suffer life-altering catastrophic injuries that can affect them for the rest of their lives. South Carolina considers catastrophic injuries as those that leave accident victims permanently disabled or impaired.
Catastrophic injuries may include:
- Spinal cord injuries
- Traumatic brain injuries
- Amputations
- Severe burns
- Organ loss
If you have suffered injuries in a motor vehicle accident, contact an experienced car accident attorney immediately to discuss your legal options. Our South Carolina accident attorneys have extensive experience helping clients who have suffered injuries due to another driver’s negligence and will fight to protect your rights.
What Should I Do if I Am Involved in a Car Accident?
You may not be sure what steps to take if you have been involved in a car accident. Depending on the accident’s severity, you may be confused or injured and require medical treatment. However, there are specific steps you need to take that will protect your well-being and your ability to file an accident claim.
These steps include:
- Remain on the accident scene and, if possible, move vehicles to the side of the road to avoid impeding traffic.
- Check yourself and your passengers for injuries.
- Contact 911 to report the accident. If there are injuries, be sure to request emergency medical responders be dispatched to the scene.
- Exchange information with the other driver(s), including driver’s license and insurance information.
- Gather evidence, which included taking pictures and videos of the damage to both vehicles, lighting and weather conditions, road terrain, and anything else that may pertain to the case.
- Collect the names and contact information of any bystanders who may have witnessed the accident.
- Even if you do not believe you have suffered injuries, seek medical attention immediately. In some instances, internal injuries are not always readily apparent, and failure to treat them could have life-threatening consequences.
- Do not post information such as pictures or videos of the accident on social media. Insurance companies often search social media posts to try and find information that they can use to deny claims.
- Contact a skilled South Carolina car accident lawyer who will evaluate your accident case and determine available legal options.
Contact Schiller & Hamilton Law Firm today to schedule a free consultation with an experienced auto accident attorney who can provide more information regarding our legal services.
Why Should I Always Have My Car Accident Lawyer Speak to the Insurance Company?
If you have been involved in an auto accident, there is a good chance that the insurance company has already reached out to you. Insurance adjusters are well-trained and usually come across as sympathetic to your case. However, the main goal of most insurance adjusters is to try and save their company money. That being the case, adjusters look for ways to try and deny or significantly reduce car accident claims.
The insurance adjuster handling your case may try one of two approaches when handling your accident claim. One approach is offering you a quick settlement shortly after the accident. Insurance companies know that injury victims often cannot return to work, and a quick settlement may be too much to resist. However, a quick settlement most likely will not sufficiently cover your medical expenses, lost wages, and any trauma you may have suffered. For example, head, neck, or back injuries are not always readily apparent and may take weeks to manifest themselves. Accepting a quick settlement could result in you not being able to have the financial resources to pay for necessary medical treatment such as physical therapy or rehabilitation.
The second approach involves the insurance adjuster asking you to give a recorded statement explaining how the car crash occurred. Unfortunately, you may be confused after an accident or tell the adjuster you feel fine, only to feel the effects of the accident later. Insurance companies have the legal right to use any statement you provide against you to try and reduce or deny claims.
Therefore, allowing a skilled team of South Carolina car accident lawyers to act as your legal advocate with the insurance company is in your best interest. Auto accident lawyers understand how insurance providers try to use manipulative tactics to convince injured victims to accept offers lower than what their claims are worth.
The Schiller & Hamilton Law Firm has lawyers ready to help who will fight to ensure you receive full and fair compensation.
Can I File a Wrongful Death Claim if I Have Lost a Loved One in an Auto Accident?
Sadly, many innocent victims lose their lives due to another driver’s negligence in car accident fatalities. South Carolina law allows families of auto accident victims to file wrongful death claims to try and recover compensation for economic and non-economic losses.
Suppose you have experienced the death of a loved one due to a car accident. In that case, you must hire an attorney who understands the legal intricacies of motor vehicle accidents and wrongful death laws.
For example, just as with other car accident cases, families may file claims to try and recover compensation for lost wages, emotional distress, loss of services, and funeral and burial expenses. However, under state law, only the decedent’s personal representative may file a wrongful death lawsuit on behalf of the family members.
The accident attorneys of Schiller & Hamilton Law Firm have the skills and knowledge to handle car accident cases that result in wrongful death. If we agree to take your case, we can determine who should be held liable for the death of your loved one and work to hold them accountable for their actions.
We know that no amount of money can bring your family member back. Nevertheless, in many instances, the only way to hold a negligent party responsible is to file a lawsuit to try and recover financial compensation.
If you have lost a loved one in a car accident but are not sure if the case qualifies under South Carolina’s wrongful death statutes, contact our law firm to schedule a free case evaluation to learn more.
Who Pays for Damages After a Car Accident in South Carolina?
South Carolina uses an “at-fault” insurance system to determine who should pay for damages after a car accident. Under the state’s insurance laws, the at-fault driver’s car insurance company is liable for paying damages, including medical bills, property damage, and other accident-related expenses. If the at-fault driver is uninsured, then your uninsured motorist coverage may pay for damages.
If you have been involved in a car wreck, the first step is to file an accident claim with the at-fault driver’s insurance company. If the at-fault driver’s insurance coverage is not enough to cover the cost of your damages, you may have to turn to your underinsured motorist coverage to help make up the difference.
South Carolina law also subscribes to a modified comparative negligence rule, which can affect the final amount of compensation that car accident victims may receive.
Under the modified comparative fault rule, you may still be able to recover damages even if you are determined to be partially at fault as long as your fault is less than 50%. For example, suppose you are involved in a car accident and awarded $200,000 in compensation but are deemed 25% at fault for causing the accident. Under the state’s comparative fault laws, your financial compensation would be reduced by 25%, meaning your final settlement amount would be $150,000.
However, insurance companies often try reducing claims using the state’s modified comparative fault laws. Although insurers often try to portray how much they care about their customers through media and other advertising, they are more interested in protecting their profitability. Car insurance companies face countless lawsuits annually and have skilled lawyers who only look for ways to pay less than claims are worth or deny them altogether.
Our South Carolina-based car accident lawyers understand how auto insurance companies operate and will fight to safeguard your legal rights and ensure you are treated fairly.
Can I Recover Compensation for Medical Bills After Being Injured in a Car Crash?
Suppose you have suffered injuries or other damages in a South Carolina car crash. In that case, you may be able to file an accident claim to recover compensation for economic and non-economic damages.
Economic Damages
Economic damages are awarded to compensate accident victims for their financial losses. Commonly awarded economic damages may include:
- Past and current medical bills
- Lost wages
- Loss of earning potential
- Property damage
One of the most considerable benefits of having a car accident lawyer represent you is that they can also negotiate with the insurance company to try to recover compensation for other medical expenses, such as physical therapy and rehabilitation costs.
Non-Economic Damages
If awarded, non-economic damages, based on intangible losses suffered by accident victims and do not have a set monetary amount, will vary based on the unique factors involved in the case. Therefore, it is essential to remember that just as every car accident case varies, any potential non-economic damages may also vary.
Commonly awarded non-economic damages may include:
- Pain and suffering
- Emotional trauma
- Loss of enjoyment of life
- Loss of consortium
- Permanent disfigurement and scarring
At Schiller & Hamilton Law Firm, our car accident lawyer can carefully scrutinize your claim to determine what damages you may be entitled to recover to ensure you receive the compensation you deserve.
How Long Does it Usually Take to Resolve a Personal Injury Claim?
One of the most common questions clients ask is how long it will take to resolve their personal injury claim. In most cases, accident victims want their cases to be finished so they can resume their lives. Those who have suffered severe injuries in a car accident want to be able to pay for costly out-of-pocket expenses and focus on healing.
The average personal injury claim in South Carolina can take approximately 12 months to resolve. However, depending on the circumstances, some cases may be resolved more quickly while others may take longer.
Some factors that can delay a personal injury claim after a car accident include the case’s complexity, especially if there are multiple liability issues and the severity of the victim’s injuries. If you have only suffered minor injuries, your claim could be resolved within a matter of a few months. However, due to the legal intricacies involved, the case will take longer if you suffer from significant or catastrophic injuries.
Accidents Involving Multiple Parties
Suppose multiple parties are involved in a car accident. Dealing with various insurance companies and determining liability can slow a case down as it progresses through the claims process. Other factors may include the insurance company’s willingness to negotiate a fair settlement and whether the case must go to court to be resolved. If the case needs to proceed to the litigation stage, it must be scheduled on the court docket, which is often backlogged.
Our lawyers in South Carolina strive to resolve personal injury cases as fast as reasonably possible while working to ensure you receive a fair car accident settlement. If you have more questions about how long it may take to resolve your legal issues, contact us today to learn more about our legal services.
Will My Case Have to Go to Trial to Be Resolved?
Another frequent question clients ask accident attorneys is whether their case will need to go to trial to be resolved. Most car accident victims are initially unaware that most cases do not need to go to trial to be resolved. Instead, most accident claims are successfully negotiated between personal injury attorneys and insurance companies.
An experienced car accident lawyer has the skills to negotiate a fair settlement for the harm you have suffered. In many instances, insurance providers will try to start with low-ball offers, hoping the accident attorneys and their clients will settle for less than their claims are worth.
Having an attorney on your side when dealing with the insurer is always wise, as they understand the complexities of personal injury law and know what your claim is worth. Insurance companies are more willing to settle cases in most car accident cases when they know victims have legal representation. As a result, most injury victims receive greater compensation than if they did not hire a car accident lawyer.
However, your attorney must file a personal injury lawsuit if the insurance company cannot negotiate a fair settlement that adequately meets your needs. Once the case reaches the litigation stage, the case will have to go to court to be decided by a judge and jury. Nevertheless, a car accident lawyer and the insurance company can still settle at any time during the trial.
Our car accident lawyers in South Carolina are passionately committed to negotiating out-of-court settlements to help clients avoid time-consuming litigation. However, if necessary, our law firm is prepared to file a car accident lawsuit on your behalf to help you get the justice you deserve.
How Long Do I Have to File a Car Accident Claim in South Carolina?
The South Carolina statute of limitations generally allows injury victims three years from the date of the auto accident to file a claim. The statute of limitations ensures that cases make their way through the legal system without potential defendants worrying about facing a lawsuit. Additionally, evidence such as video footage can disappear over time, and witnesses may move away, or their memories fade.
South Carolina State Claims Act
However, it is essential to note that the three-year deadline to file car accident claims can be shortened or extended depending on the circumstances involved. Suppose the collision was caused by a driver working in an official capacity for a state government agency when the accident occurred. The South Carolina Tort Claims Act dictates that any claim filed against a state agency must be brought within two years of the date of the accident.
Additionally, although the South Carolina State Claims Act stipulates that a car accident lawsuit must be brought within two years of the incident, the time limit may be extended if the injury victim does not discover their injuries immediately.
Statute of Limitations Extention Factors
Other circumstances that could result in the statute of limitations time limit being extended include:
- The defendant is out of state: If the at-fault driver leaves South Carolina after causing a car accident, the time they are out of the state does not count toward the three-year time limit.
- Minor involved in an accident: If a minor suffered injuries in a car accident, they have one year after they turn 18 to file a claim.
- Fraud: If the at-fault driver or their insurance company deliberately hides information or misrepresents the facts, the three-year time limit may be extended.
- Legal insanity: If the at-fault driver is declared legally insane at the time of the car accident, the three-year deadline may be extended. The statute of limitations clock will start ticking again one year after a defendant is declared sane, with a time limit of five years after the date the accident occurred.
Why Should I Trust Your South Carolina Car Accident Lawyers to Help Me File a Claim?
Schiller & Hamilton Law Firm is passionately committed to helping car accident victims recover fair compensation for their injuries. Our dedicated legal team recognizes that dealing with the insurance company while trying to heal from your injuries can be overwhelming.
Our car accident lawyers can provide you with high-quality legal representation as we work to resolve your legal matters quickly. Our accident attorneys are familiar with the tactics insurance providers often use to pay less than claims are worth and never back down when fighting for our client’s rights.
Whether you have suffered a minor or serious injury, our legal team will stand by your side throughout the legal process to help you obtain maximum compensation and the peace of mind you deserve.
Schedule a free consultation with our car accident lawyers in South Carolina today at 803-902-4583 so we may assess your legal options.