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If you have sustained harm in a rear-end crash, you might feel dazed and confused as you try to determine how to manage your injuries, property damage, and other losses stemming from the accident. If another person caused the crash, you might have grounds to pursue a civil remedy through the court system. A York County rear-end car accident lawyer could look at your potential case and evaluate what damages you could be entitled to.
A seasoned car accident attorney would help you hold the responsible individual or party liable for your injuries while fighting to get you the just compensation you deserve.
Liability in Rear-End Auto Crashes
Rear-end auto crashes frequently happen when one driver is following another too closely or fails to pay attention to the road ahead. Factors such as speeding, driving under the influence, and distractions such as texting can also cause a rear-end collision. In order to establish liability in their case, the injured individual has to show that the other driver was negligent. Negligence is shown on the basis of the preponderance of the evidence.
Negligence involves a duty, breach, causation, and damages. Within the framework of a rear-end car crash, if the defendant driver owed the plaintiff a duty of care, breached their duty, and caused the plaintiff’s injuries, the defendant driver would be liable for the plaintiff’s ensuing damages.
However, proving liability can become increasingly complicated when the court determines that the plaintiff and the defendant both are at fault in a rear-end crash. South Carolina Code § 15-1-300 outlines the state’s comparative negligence rule. This law states that the plaintiff can still be granted damages while being partially to blame for what happened, but their compensation would be lessened based on their degree of liability.
However, if the plaintiff is more liable for the accident than the defendant, they would be unable to collect financial losses. Given the complexity of rear-end car accidents, a skilled York County attorney must be sought who could provide seasoned legal representation.
Requesting Financial Damages
A plaintiff could claim financial damages for their economic and non-economic losses. A seasoned rear-end car wreck lawyer in York County could help the plaintiff collect their economic losses such as medical bills, lost wages, and doctor bills. An attorney would also request compensation for the plaintiff’s pain, suffering, psychological anguish, and other non-economic losses, in addition to punitive damages.
Time Limit to Begin a Rear-End Car Accident Case
A three-year time limit governs rear-end car accident cases. This means that an injured plaintiff has just three years from the date of the wreck to file a lawsuit for compensation against the defendant driver’s insurance company. Unless an infrequent exception applies, missing the three-year filing deadline would forever bar the plaintiff from securing financial costs.
Retain The Services of a York County Rear-End Car Accident Attorney
A York County rear-end car accident lawyer could negotiate for a fair settlement with the defendant driver’s insurance company and work hard to prove liability for your damages. If a settlement is not possible, an attorney could discuss whether filing a lawsuit may be the prudent course of action.
Call Schiller & Hamilton today your no-obligation legal consultation today.