Car Wreck Attorney in Spartanburg, SC
Auto Accident Lawyers, can they help? Car Wrecks in South Carolina bring the challenges of physical and emotional recovery along with financial strain. You may face property damage, lost wages from time away from work, and medical debt that continues to accumulate as you struggle to pay your rent and utilities. If you are facing the aftermath of a wreck, you need to learn everything you can about Car accident claims in Spartanburg, South Carolina, and how an auto accident attorney can help you recover your damages.
Car Accident Lawyer in Spartanburg, SC – Overview
An auto accident claim is a dispute between a person who has been injured and a person who caused the injury through their action or lack thereof. Each accident claim requires that you prove the liability of the defendant and the extent of your damages. You will be entitled to compensation for your losses if you can demonstrate and prove these two factors. A Spartanburg, SC attorney can help.
Auto Accident Case Examples
Car accidents are among the most common examples of personal injury claims, and they are an excellent way to illustrate the process. After an auto accident, the plaintiff must demonstrate that the at-fault driver had a duty of care to others on the road, that he or she breached that duty by failing to exercise reasonable care, and was thus legally liable for the personal injuries that occurred. Once these facts have been proven and the extent of the damages demonstrated, the victim is entitled to compensation.
While auto accidents are a prime example of personal injury cases, there are many others, including bicycle accidents, motorcycle accidents, nursing home accidents and abuse, tractor-trailer accidents, medical malpractice, dog bites and attacks, wrongful death, and slip and falls (premises liability claims).
Statute of Limitations
Many people make the mistake of disregarding the statutes of limitations, or time limits for filing an accident claim, because they don’t know about them and/or are too focused on the many other immediate issues that they are facing. This is a serious mistake, though, because if the statute of limitations runs out on your case, you can no longer file a claim for your car wreck injury. S.C. Code Ann. Section 15-3-530 specifies the limits on how much time a victim has to work with before the statute of limitations runs out.
South Carolina law states that you have three years to file an accident injury claim, with your time beginning from the day that the injury occurred. If you wait even one day longer than this, you are going to forfeit your right to receive compensation for your injuries and losses. Regardless of what other obstacles stand in front of you, you need to contact a Spartanburg, South Carolina car accident attorney right away to ensure that your case is expertly built and carried out within the statute of limitations.
Value of Your Car Accident Injury Claim
Having said that, some damages are easier to calculate than others. For example, lost wages and medical bills are easy to calculate by adding up the given costs. They are also not usually disputed, because they are self-evident and can be valued with an accurate price. The injuries that can be more difficult to quantify include pain and suffering and emotional trauma. There is no formula for either of these. If you lost a limb or suffered the death of a loved one, it will take a jury to determine a recovery amount that best compensates the losses once they’ve seen the facts.
When it comes to how judges, juries, and insurance companies value personal injury claims, there are a few things that they need to consider. One important question is the extent of the injuries. This is typically answered by determining if and when the person sought medical care for the injuries, whether medications or surgeries were required, and how long it took to recover from the injury and/or the permanence of the injury. Finally, they’ll consider how your life may have been disrupted, including lost time at work, and whether or not you are a believable witness for your case.
Spartanburg SC Car Wreck Lawyers – Damages
Medical Expense Damages
Medical expenses are usually the easiest to calculate when it comes to auto accident damages in Spartanburg, SC. Medical bills will have invoices that can easily be added up to find a total. However, the medical expenses can be more complicated when the injury is severe and future care will be necessary. Your Spartanburg car wreck attorney will consider your future costs for surgeries, doctors appointments, and medications. This can be controversial, and the defense may argue against these damages. It may be necessary to bring in an expert witness to testify to your future medical needs.
Wage Loss Damages
Calculating wage loss damages is also a simple task. If you’ve taken time off work because of your injuries, the at-fault party must compensate the wages that you lost in the process of recovering from your injuries. Further, your future earning capacity, if harmed, can also be compensated. If you had a promising career where you can no longer perform the functions of the work, you deserve to recover these damages. If a surgeon loses a hand in an auto accident, then this certainly applies. If a teacher suffers brain damage that makes it impossible to continue work, then again, this applies. However, it can be difficult to calculate and demonstrate your lost earning potential.
Pain and Suffering Damages
Many South Carolina car accident cases involve pain and suffering damages. This refers to the physical pain, emotional trauma, and potential effects of lifetime disfigurement or disability. This is the most difficult category of damages to prove and calculate. When both sides are battling in negotiations, getting everyone to agree on a reasonable amount for pain and suffering damages can be challenging. Frequently, expert witnesses will testify, as will the friends and family of the victim.
The legal concept of negligence will have a serious effect on how your case is resolved. If the at-fault person failed to use reasonable care in their actions or failed to act where they should have, if the person was reckless and careless, then he or she was negligent and holds legal liability for the accident. In some claims, the defendant may only be partially responsible for the harm that occurred, and will have to pay partial damages for their portion of blame and negligence in the case.
Degrees of Fault
There are different degrees of fault to be considered when it comes to determining how financially responsible the defendant should be for your injuries and losses. Every state is different, though in South Carolina, comparative negligence is a standard that allows victims to recover compensation from whomever was responsible for the auto accident, even if the victim was also partially responsible. The damages awarded will be reduced by the percentage of fault held by the victim. For example, if the plaintiff/victim is 20% at fault for an accident that caused $10,000 in damage, then he or she will only receive $8,000 (after subtracting 20% of those damages).
Having said that, if you hold the majority of responsibility for the accident, then in South Carolina, you cannot file a claim against the other at-fault party. If you are 50% responsible for the damages, then you can recover 50% of your damages. If you are 51% responsible for the damages, then you cannot recover anything.
Choosing a Spartanburg, South Carolina Car Wreck Attorney
In South Carolina, avoidable accidents occur every day. The effect on innocent victims can be tremendous, so there are laws in place to protect those victims. If someone else is responsible for the harm and injuries that you sustained, then you have a right to recover the damages that you faced. If someone has been careless, reckless, or negligent, causing harm to you or a loved one, then contact a Spartanburg, SC automobile accident attorney today and get started on building a strong case when you file your claim.
An attorney can visit you at home or in a hospital if necessary, and you will not be charged for the initial consultation with our attorneys.