300+ Google Reviews
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 case, a Bluffton auto accident lawyer 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
A local injury lawyer could review the case and help determine car accident liability to help the injured party seek the compensation they need.
What Does The Doctrine of Modified Comparative Negligence State?
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.
What is The Deadline to File a Car Accident Claim 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 personal injury lawyer in Bluffton for help with filing an auto accident 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. It is wise to seek help from a diligent car crash attorney to learn about the various types of car accident compensation the injured party may be eligible to recover.
Talk to our Bluffton Car Accident Lawyers 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. A nearby car wreck attorney could evaluate the strength of your case and work with you to maximize your recovery.
It is often crucial to seek legal consultation at Schiller & Hamilton as soon as possible after a serious car accident. Call our firm today to schedule your case evaluation.
FAQs About Car Accident Cases in Bluffton
When should I call a lawyer?
At the accident scene, avoid admitting any type of fault, even to the police when they question you. Then, as soon as you can, and definitely before you sign anything or negotiate with any insurance companies, contact our attorneys.
South Carolina is an at-fault state, so determining who caused the accident is important in your settlement. Our Bluffton car accident lawyers can help you review the crash documentation and calculate fault. Then, we can help you get appropriate compensation.
What are the most common causes of car accidents?
In 2020, 38,824 people died, and 2,280,015 people received injuries in car accidents on U.S. Roads, according to the U.S. Department of Transportation. Most car accidents are the result of driver error, including distracted driving, driving while impaired or fatigued or making poor decisions due to inexperience. However, these incidents can result from road or weather conditions or mechanical issues with your vehicle or that of another driver.
Many incidents (36%) occur at intersections, while 22% drove off the road, 12% were unmoving, 11% breached their driving lane and 9% lost control of their vehicles before the accident. In addition, most accidents happen during the late afternoon and night but especially between midnight and 6 a.m. because the body becomes tired during these periods.