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An Anderson drunk driving accident lawyer from Hammack Law Firm represents the victims of drunk drivers and surviving family members as they seek damages. Our team’s goal is to hold the negligent motorists accountable and recover compensation for our clients. Recoverable damages may include medical care costs, car repairs, pain and suffering, and more.

If you were hurt in a crash caused by an intoxicated motorist, we offer free case evaluations. You can learn more about your case and the legal process in Anderson County when you call our firm. Our team is standing by 24/7.

Recovering Compensation for Your Accident-Related Damages

When a person suffers injuries because of a motorist driving under the influence (DUI), our team will take steps to seek compensation based on the damages they suffered. This includes many types of harm, from financial losses to physical and emotional injuries.

We gather evidence to show their expenses, losses, and the intangible costs they paid. Then, we document the value of these damages to demand a just payout from the insurer or prove to the jury that our client deserves an appropriate award.

The recoverable damages in a traffic collision case in Anderson County often include:

  • Emergency medical treatment
  • Future treatment and care needs as confirmed by experts
  • Lost wages, benefits, and other income
  • Diminished earning ability due to lasting injuries
  • Property repair or replacement
  • Pain and suffering

South Carolina Wrongful Death Actions

Many drunk driving crashes cause serious and even fatal injuries. If your loved one passed away due to the negligent actions of an intoxicated motorist, our team is here for you. We provide compassionate support and uncompromising legal representation as we fight to hold those at fault legally responsible.

Under S.C. Ann. § 15-51-10, the personal representative of a fatal car accident victim can file a wrongful death action and seek compensation for the immediate surviving family members. The awards in these cases can include various damages, such as funeral costs, medical bills, loss of income, and intangible losses suffered by survivors.

Hammack Law Firm is on Your Side

At Hammack Law Firm, our team gives each case a lot of time and attention. We treat every client like family, answering any questions they have promptly and in a way they understand. Clients come to us for a big firm experience, with a small firm feel.

We strive to make South Carolina a safer place for everyone by:

  • Seeking justice for the victims of drunk driving accidents
  • Demanding an appropriate payout from the insurer or attorney representing the negligent party

Our attorneys seek compensation for every client we represent and will take a case to trial if necessary to ensure appropriate financial recovery. We also work based on contingency, charging attorney’s fees only if we secure compensation in your case. We will never charge you for anything before we settle your claim.

You can learn more about our recent case results or see what previous clients say about us in our online reviews and testimonials.

What If a Lawsuit is Necessary?

Most traffic accident claims settle with a negotiated agreement with the insurer and never go before a judge and jury. If this is necessary in a case, we generally have three years from the crash date to sue under S.C. Ann. § 15-3-530. Missing this deadline could hurt your ability to recover fair compensation.

Our team prefers to get started on cases as soon as possible. Doing so gives us time to develop the strongest argument possible and identify more evidence to support our claim. Therefore, we ask potential clients to reach out to us as soon as they consider taking legal action.

Holding a Drunk Driver Liable in Anderson County

In Anderson County alone, the South Carolina Department of Public Safety (SCDPS) reported eight deaths and 191 non-fatal drunk driving crashes in 2019. When a motorist gets behind the wheel with alcohol in their system, it increases the risk of violating traffic laws and causing a collision.

More than 20,000 DUI arrests are made in South Carolina each year, but most occur in routine traffic stops. When the drunk driver causes an injury accident, they could face criminal penalties in addition to any civil case the victim or surviving family members bring against them.

Filing a Civil Case Against a Drunk Driver

In a criminal case, the court seeks to punish a driver with fines, license suspension, and possible jail time. With a civil case, our team at Hammack Law Firm fights for compensation and justice for our clients. The burden of proof is also different:

  • Criminal court: Beyond a reasonable doubt
  • Civil court: By a preponderance of the evidence

Note that we do not need a criminal conviction to prove a claim against a drunk driver. These two cases are separate – although they may share some evidence and many facts. In the civil case, we only need to prove negligence. That involves showing that:

  • The driver had an obligation to drive in a way that keeps others safe.
  • They failed to do so.
  • Their failure caused the crash.
  • Our client suffered financial harm as a result.

In some claims, we do not have to prove the driver was drunk. We only need to show they violated a traffic law or safety rule and caused the injury accident. This is because we are proving negligence, not blood alcohol content.

Hammack Law Firm Provides Complimentary Collision Consultations

The drunk driving accident attorneys from Hammack Law Firm want to ensure potential clients understand their options for financial recovery.

We provide free case assessments in Anderson and many areas of South Carolina. Call (864) 326-3333(864) 326-3333 to speak with our team today.

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