Whether you are driving around town or going long-distance, getting in a serious automobile accident can be a traumatic experience to deal with, both physically and emotionally. While car accidents are disturbing, it is often the aftermath of the incident that determines how catastrophic the impact will eventually be. South Carolina provides traffic laws that encourage safe driving but unfortunately, there are still several injury-causing car accidents each year in the state.
When you are injured in a car accident, your insurance company may provide financial compensation for your damages. However, insurance companies and their adjusters are notorious for denying claims or offering unfair settlements. That is why you need the help of an experienced Charleston car accident attorney to protect you against insurance companies and other parties who may want to take advantage of your situation.
At Lesemann & Associates LLC, we are dedicated to providing you with professional legal representation you require to secure a favorable outcome for your case.
Who Is At Fault in a Car Accident?
Automobile crashes often occur without warning, and it may not be easy to tell who or what caused an accident at the time. Some accidents are easy to establish liability, while others are complex. So after the accident, it is important to conduct a full investigation to collect evidence and get a clear understanding of what happened prior to the accident.
Sometimes, more than one liability party is involved in an accident and can include the other driver, vehicle owner, government entities, and vehicle manufacturer. Most car accidents occur due to:
- Driving under the influence
- Not obeying traffic signals
- Bad weather conditions
- Aggressive driving
- Distractions such as texting while driving
- Inappropriate driving practices
If you sustained injuries from the accident, the at-fault party would be legally responsible for your damages. At Lesemann & Associates LLC, we are equipped to help you establish the root cause of the accident. Our team is dedicated and works relentlessly to ensure you obtain fair compensation to cover your medical bills, lost wages, automotive repairs, and other expenses.
What Types of Damages You Can Recover After an Accident
IF you have been in a car crash in South Carolina, you probably feel terrified and wonder how to recover your damages. Fortunately, with the help of an attorney, you can file for a car accident compensation claim to recover your financial losses. When you hire Charleston car accident attorneys from Lesemann & Associates LLC, you can rest assured you will get the proper representation that guarantees the best possible outcome.
We can help you recover:
- Property Damages – In a car accident, your car gets damaged, and you may also sustain physical and emotional injuries. We can help you pursue substantial compensation for your damages, whether your car is partially damaged or totaled.
- Pain and suffering – You can also seek compensation to cover for your psychological and emotional suffering caused by your accident.
- Medical expenses – Paying for medical costs can be extremely expensive. Filing a medical expenses claim can provide you with the funds you need to pay for your diagnosis, medical tests, hospitalization, therapy, and treatment expenses.
- Lost wages – If you suffer serious injuries after an accident, you may find it necessary to spend time out of your job to focus on your treatment and recovery. This means you are missing out on wages and any career advancement opportunities that may arise within the course. All these factors are considered when establishing your compensation amount.
- Wrongful death damages – If you lose a loved one in a car accident, you have a right to seek compensation for medical costs, loss of enjoyment, pain, and suffering, and funeral bills.
The Importance of Hiring a Car Accident Attorney
Car crashes that result in serious injuries or death should be handled by a lawyer. Still, even if the accident was minor, it pays to seek legal advice to ensure your rights and interests are protected.
A lawyer with extensive experience and knowledge in personal injury litigation knows how to help you secure sufficient compensation. There are many benefits of working with car accident attorneys at Lesemann & Associates LLC, including;
- We understand South Carolina’s insurance laws
- We conduct a full investigation to produce sufficient evidence
- Our attorneys know how to calculate damages
- We don’t charge any legal fees until you win your case
- We have in-depth experience handling even the most catastrophic injuries
South Carolina Car Accident FAQ
What should I do after a car accident?
Stay calm and check for any injuries that may require medical attention. Gather as much information as possible before contacting an attorney.
After how long should I file a car accident lawsuit?
In Section 15-3-530 of South Carolina’s Code of Laws, victims have 3 years to file a car crash claim in court. Depending on the nature and extent of your car accident, you can file for a personal injury, wrongful death, or property damage.
Can I receive compensation even if I was partially to blame for the accident?
Yes, you may still obtain compensation in a car crash-related claim. However, your compensation amount will be reduced to match your share of liability for the accident.
Will I need to go to court?
Most automobile accident claims are usually resolved via out-of-court mediations between your lawyer and the other party’s insurance company. But if the insurer refuses to award you a reasonably fair amount, we will be prepared to take your case to trial.
What’s the Time Limit for Filing an Injury Claim in South Carolina?
The time limit for a personal injury claim in South Carolina is three years. This means you have three years from the date of your accident to bring a claim seeking compensation from the liable party. If you fail to meet this deadline, you may be barred from filing the claim and recovering compensation.
However, if you get into an accident involving a government entity, you only have up to two years to file a claim. No matter whom you are involved in an accident with, you should always file a claim as soon as possible to ensure you meet the strict statute of limitations. Filing your claim promptly can also help ensure you obtain maximum compensation.
I Think I Was Partly Responsible For My Car Accident. Can I Still File A Claim?
First, you should avoid any claims where you were partly responsible for the accident. Under South Carolina’s comparative negligence law, you may receive compensation if your degree of fault is less than that of the defendant, even if you were partially liable.
However, any award of damages will be reduced proportionately by your percentage of responsibility. For example, if the other party is found to be 80% at fault and you are deemed 20% liable, your award will be reduced by 20%, meaning you will get 80% of the total damages. Grasping such legal complexities in the context of business disputes is challenging. Therefore, consulting with a seasoned business litigation attorney at Lesemann & Associates can provide you with the necessary guidance to navigate these challenges successfully.
How Long Will My South Carolina Car Accident Claim Take?
Your South Carolina car accident claim process can take a few weeks or months. In some cases, the claims process can take years. The amount of time depends on several factors, such as the complexity of the accident, the amount of time required to negotiate a fair settlement, and liability issues.
What If The At-Fault Driver Doesn’t Have Car Insurance?
Even if the at-fault party does not have car insurance, you can still pursue a personal injury claim against the liable party. You can also seek compensation from your insurance company or South Carolina’s uninsured motorist coverage fund if you have this coverage.
If you have been injured in a car accident, it can be difficult to know who to turn to for help. At Lesemann & Associates, we take on a select number of cases so that every client receives the attention he or she deserves. Our attorneys have extensive trial experience, and will do everything possible to build a successful case for you. The first step is an initial consultation. Call (843) 724-5155 to discuss your case with a car accident attorney today.