An auto accident takes only seconds to drastically and permanently change your life. They can arise from any number of circumstances, from bad weather to distracted driving and phone use, and can happen in parking lots or with a rideshare driver.
At Schiller & Hamilton, we understand the pain you may have suffered from an accident injury’s effect on your job, family, and finances. For more than two decades, our dedicated Rock Hill car accident lawyers have been helping crash victims secure the full and fair compensation they need to recover and move forward with their lives. Contact us today for a free consultation.
How Could an Attorney Help in an Auto Accident?
We understand that immediately following a wreck you may not have calling an attorney at the top of your to-do list. After all, the first step following any major roadway collision is to get medical attention for yourself and your passengers, if applicable.
Then there are the headaches of figuring out how badly your vehicle is damaged and what needs to be done to get it fixed or replaced.
Despite this, you should know that your decisions in the first hours following your accident can help you avoid mistakes in your property damage claim.
Our knowledgeable attorneys will work quickly to investigate your accident lawsuit, protect your rights, and take the legal and financial pressures off of you.
Ways Our Auto Accident Injury Attorneys Can Help
Here are some of the ways that our auto accident lawyer team frequently helps clients:
- Finding proper medical care and identifying ways to pay for it
- Getting estimates for car repair, reimbursement for rental cars, and calculating adequate compensation for loss of use
- Protecting your ability to cover future expenses during a period away from work or loss of income issues
- Protecting your rights in dealing with law enforcement or contacting insurance companies
- Preserving eyewitness testimony, inspecting the damaged vehicles, documenting traffic conditions, and otherwise gathering the evidence that will be essential to proving your claims
- Ensuring that your injuries are documented through video, photographs, medical records, and emergency treatment notes
- Hiring a medical professional or other experts to analyze your injury’s lifetime effect and how it will continue to add to your out-of-pocket expenses
For a free legal consultation with a car accidents lawyer serving Rock Hill, call 1-803-366-0333
What Are Some of the Most Common Auto Accident Injuries?
Many people falsely believe that only more significant crashes with more property damage can cause severe injuries. The truth is that even a minor car accident can lead to catastrophic injuries. This is because it takes very little force to injure bones, joints, the spinal column, and your brain.
Common motor vehicle accident injuries include:
- Closed head injury, concussion, traumatic brain injury (TBI),
- Spinal cord injuries, including quadriplegia and paralysis, whether permanent or temporary
- Back and neck bulging and herniated discs
- A torn rotator cuff and other shoulder injuries
- Nerve injuries, including loss of sensation and paresthesia
- Whiplash
- Internal injuries, including bruised, lacerated, or damaged organs
- Crush injuries
- Fractured and broken bones, including the pelvic bone, ribs, and sternum.
- Traumatic brain injury (TBI)
- Torn ligaments
- Facial injuries, eye injuries, dental injuries, and scarring
- Lacerations and cuts, and corresponding scars and severe disfigurements
- Muscle strain or sprain
- Dislocated joints
- Arm and hand injuries
- Leg, knee, and hip injuries
- Wrongful death
Our legal team will obtain all of your X-rays, medical documents, and reports so that we can demonstrate the scope and severity of your injuries.
After that, one of our competent auto accident attorneys will give these materials to the insurance adjuster along with our settlement demand letter to raise the compensation amount you are awarded.
Rock Hill Car Accident Lawyer Near Me 1-803-366-0333
Proving Negligence
The ability to collect compensation depends on whether or not the other driver was negligent. To prove negligence, you must be able to establish the following:
- The other party had a duty of care to demonstrate a reasonable level of safety.
- The negligent party breached their duty of care.
- That breach directly led to your injuries.
- You experienced damages due to your injuries.
Our personal injury law firm can help you fight for your right to get the compensation you are rightfully owed. In addition, we make those responsible for wrongdoing accountable for their actions to hopefully prevent future car wrecks.
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Common Forms of Negligence That May Have Caused Your Collision
Highways have a well-deserved reputation for being risky environments where accidents frequently take place. For example, frustration on the interstate may lead to recklessness, resulting in poor decision making.
Additionally, your collision may have been caused by other at-fault driver carelessness, such as intoxicated or inattentive driving. Therefore, you have a right to compensation; however, to move ahead with your case, we must first determine how the activities of the other motorist contributed to your vehicle accident.
The following are some examples of common types of carelessness that may have led to your collision:
- Inattention from the driver
- Speeding
- Unsafe lane change
- Failure to yield at stop sign/light
- Failure to yield to the right-of-way
- Tailgating
- Texting
- Defective/faulty vehicle parts
- Drunk driving
- Road rage
- Weather conditions
- Illegal U-turn
- Roadway hazards
- Failure to adhere to traffic laws
- Reckless driving
Your negligence can also add to your car accident. Your injury accident attorney will discuss your possible contribution to the crash when you have your initial free case review.
Complete a Free Case Evaluation form now
We Use Utilize Varying Evidence Sources for Your Car Accident Case
Because irresponsible drivers and their auto insurance providers sometimes reject responsibility for causing automobile accidents, our team will compile case evidence from various sources.
While looking into the evidence from the car accident scene, we obtain police reports and collect witness testimony.
In addition, we can collaborate with simulators and computer animators to re-create the circumstances surrounding the accident.
The evidence and data we retrieve can help construct visual presentations that our team can use to communicate the events to the judge or jury.
We may also collaborate with experts, including:
- Accident reconstruction specialists
- Surveyors
- Skidmark analysts
We will make every effort to get you the recompense you deserve.
If our attorneys cannot negotiate adequate compensation on your behalf, we are fully prepared to take your case to court and have it decided by a judge or jury.
Insurance Companies Are Not On Your Side
You can’t count on the insurance adjuster to look out for your interests in a settlement agreement. The insurance carrier’s goal is to settle your claim for the lowest amount possible while protecting its access to reimbursement from other sources.
If you or a family member has been seriously hurt in a crash, you can expect the insurance company to call on its team of lawyers immediately. However, many mistakes should be avoided, and you should act quickly to protect your legal rights by understanding the law.
After a severe vehicle collision, many victims are focused on the problems that arise in the immediate aftermath. Emergency room bills, missed time from work, and car repair expenses can quickly add up.
During this vulnerable time, insurance companies may try to jump in and offer lowball settlements to relieve the panic over initial expenses. Do not sign or accept payments without talking to our experienced attorneys.
Our Team Will Argue for Maximum Compensation After Your Car Crash
Our experienced lawyers will want to thoroughly evaluate your losses to make the argument for recoverable damages. This may include current and future medical expenses, lost wages, property damage, pain and suffering, and punitive damages.
And, because we work on a contingency-fee-basis, you don’t owe us a penny unless and until we secure financial compensation in your case.
Current and Future Medical Expenses
Even if your health care insurance covers some of your accident-related medical bills, we will go after the total amount billed by the health care provider. This amount is often more than your health insurance company paid due to the discounts they previously negotiated with providers.
In addition, our local auto accident lawyers will explore compensation options through your own Personal Injury Protection (PIP) policy, known as MedPay.
Lost Wages
A car accident can cause you to experience financial losses because you cannot work or are forced to take a lesser-paying job due to your injury. Our team will file a compensation claim for the reduction in your future earnings.
Property Damage
We will pursue the cost of repairing or replacing your vehicle and any other personal property damaged in the crash (even if it was only minor damage). In addition, we will demand compensation for the diminished value of the vehicle due to the wreck.
Pain and Suffering
It’s tough to think about putting a price on the physical injuries, emotional distress, and psychological toll an accident takes on a person. However, our team will work with you to document how your injuries have caused mental anguish and bodily harm, and we will demand that this pain and suffering be accounted for in any settlement or award.
Punitive Damages
Under specific circumstances, our attorneys will seek damages meant to punish the at-fault party for intentional or extreme misbehavior. Punitive damages may be awarded in crashes involving drunk drivers or those who were under the influence of drugs. In addition, punitive damages may be awarded when a defendant acts with malice and reckless disregard for the safety of others.
The purpose of awarding punitive damages is to deter future misconduct by the wrongdoer and other at-fault parties. Accordingly, the amount of punitive damages must bear a reasonable relationship to the actual harm inflicted on you.
Tips to Protect Your Rights After a Collision in Rock Hill
If you or a family member has been seriously hurt in an automobile crash, you can expect the insurance company to call on its team of lawyers immediately. However, many mistakes should be avoided, and you should act quickly to protect your legal rights by understanding the law.
The moments after a motor vehicle crash can be chaotic for everyone involved. And although you may feel powerless to control the situation, there are steps you can take to protect your rights to future compensation:
Get Help as Soon as Possible
In addition to ensuring you receive the necessary treatment for your accident injuries, visiting a doctor will allow you to start the documentation needed for a claim. Our team will communicate with your medical teams and then collect and track your medical records throughout your personal injury case.
Report Your Accident to the Police
The police report filed by the responding officer could contain information that will help prove your case. Our attorneys will obtain a copy of this report and launch our own investigation into your automobile accident.
Get Names and Contact Information From the Other Driver and Any Witnesses
Our lawyers will contact the at-fault driver’s insurance company and interview witnesses to determine what everyone saw and heard during the car accident.
Take Photos of the Vehicles, Your Injuries, and the Scene
Our lawyers could help you recover traffic footage from the accident and take pictures of your property damage.
Be Careful What You Say
Never apologize or admit fault. Do not discuss your case with friends, family members, or acquaintances. While determining fault, auto insurance providers may twist your words and use them against you.
Stay Off Social Media
Auto insurance companies will monitor you any way they can to see if your injuries are affecting you the way you claim. For example, they could use a simple photo of you smiling at a birthday party to prove that you were enjoying life, even if you were still in extreme pain at the time.
How Long does a Car Accident Lawsuit Take?
Because the facts surrounding every vehicle accident case are unique, the litigation period will depend on many various circumstances, including:
- Any witnesses available for interviews
- Past and future medical care
- The insurance adjuster and carrier involved
- If fault is admitted or needs to be determined
Depending on the reasons discussed above, you may find that your case takes anywhere from several months to two years to complete.
How Long do You Have to Get a Lawyer After a Car Accident?
Specific to instances involving personal injuries, you must hire a personal injury attorney as quickly as possible following your accident. This will maximize the value of your case.
Many of your cases will depend on your medical treatment, when it was rendered, and how quickly you or your legal team can find an eyewitness willing to report what they saw.
The faster you hire a personal injury attorney, the more time they have to investigate and gather the necessary information to build a strong case and win compensation.
A Wrongful Death Claims Process
Car accidents are among the most common causes of death among people under 40. According to the Centers for Disease Control (CDC), about 32,000 Americans die, and two million are injured annually due to traffic crashes.
When someone dies due to another person’s negligence, the surviving loved ones are entitled to file a wrongful death lawsuit, and our compassionate attorneys can help.
We will pursue an adequate compensation amount needed to help families heal and get back on solid financial ground. A wrongful death claim involves filing a lawsuit complaint within one year after the date of death. The complaint must include:
- An affidavit stating who died
- A list of all known beneficiaries
- Proof of death certificate
- A description of the cause of death
- If there is no surviving spouse, then evidence of relationship to deceased
- If the deceased had children, the court would appoint a guardian ad litem (GAL) to represent their interests
- The GAL will also act as a liaison between the plaintiff and the defendant
Because the deceased individual cannot pursue the claim on their own, it is crucial to choose a qualified plaintiff. Only the executor of the deceased person’s estate can bring legal action in South Carolina, as stated in §15-51-20 of the South Carolina Code.
In a legal will, the deceased person may select someone to be the executor of their estate, or a court may appoint someone for the sole purpose of pursuing a claim. Call our offices for more information about filing a wrongful death claim.
Contact a Rock Hill Car Accident Attorney for Help
Our dedicated personal injury attorneys are proud that so many of our clients have thought to recommend us to friends and family down the line, and we work hard every day to exceed our clients’ expectations.
If you are ready to discuss your case with an experienced car accident lawyer, call the Schiller & Hamilton law firm for a free consultation. With a long track record of success in both settlement negotiations and jury trials, our attorneys are always prepared to fight for the maximum compensation our clients are entitled to receive. Contact us today.
Call or text 1-803-366-0333 or complete a Free Case Evaluation form