If you or a loved one is the victim of another driver’s negligence, Hammack Law Firm can help you take legal action in your car accident. Our team of car accident lawyers in Greenville, South Carolina can also help you collect damages from the party responsible for the collision.
Our no-win, no-fee policy allows our clients to seek compensation without taking on more financial burden. Combined with a complimentary case review and 24/7 accessibility, you have nothing to lose when you let our team represent you.
Recovering Car Accident Damages in Greenville
Every car accident comes with its own circumstances that can alter the amount of available damages. The cause of the accident and the resulting injuries will help determine how much compensation is available to you. Depending on the circumstances, victims of an auto collision can potentially seek economic, non-economic, and even punitive damages.
Economic damages are direct costs resulting from the events of the accident, such as:
- Vehicle repairs
- Medical bills (past, present, future)
- Lost wages and future effects on earning ability
Non-economic damages are damages that are not easily calculated but can add value to your claim, nonetheless, including:
- Pain and suffering
- Loss of enjoyment of life
- Loss of companionship
Punitive damages serve to punish liable parties for exhibiting intentional misconduct and do not directly compensate the victim of the accident. For this reason, they are not as common as economic and non-economic damages.
How quickly you bring your case forward can also contribute to the amount of available compensation, as useful evidence to build your case is easier to gather within a close time frame of the accident. Waiting to begin can allow certain evidence to expire or witness memory to fade.
For a free legal consultation with a car accidents lawyer serving Greenville, call 864-326-3333
Frequent Distractions That Lead to Car Accidents
The Centers for Disease Control and Prevention (CDC) reports that car accidents result in more than 32,000 deaths and 2 million injuries each year. In 2019, 1,006 traffic fatalities occurred on South Carolina roads alone, according to the South Carolina Department of Public Safety (SCDPS).
Many car accidents are due to human error and could have likely been prevented with added precaution. Eyes on the road, hands on the wheel, and undivided attention to your surroundings is the only way to drive safely. Sadly, even if you drive perfectly, you can’t fully account for someone else’s lack of responsibility. Some of the most common causes of wrecks include these acts of negligence:
- Texting while driving
- Distracted driving
- Failure to use turn signals
- Failure to look before changing lanes or making turns
- Fatigued driving
- Driving under the influence
- “Rough housing” with passengers while driving
- Running red lights or stop signs
- Failure to yield
- Reckless driving
- Disobeying traffic laws
- Car/mechanical defects
- Road defects
- Unsafe driving conditions
- Rear-end accidents
- T-Bone collisions
- Head-on collisions
These driving mistakes can seriously hurt or kill innocent individuals. Drivers who knowingly partake in negligent driving behaviors should be held accountable for the accidents they cause.
Common Injuries Suffered in Auto Accidents
Bodily injuries can range from moderate to severe. It is essential to seek medical attention to accurately determine the severity of a car accident injury. Sometimes, car accidents result in long-term or permanent injuries that need to be taken care of with medical treatment for extended periods of time. This is not only costly but can also result in a major alteration to a victim’s lifestyle.
Common injuries suffered in car accidents include, but are not limited to, the following:
- Broken bones (ribs, legs, arms, neck)
- Lacerations (cuts and scrapes)
- Internal bleeding (punctured organs)
- Head injuries (brain trauma)
- Spinal cord injuries
- Soft tissue injuries (whiplash)
Do not suffer these horrible injuries alone and without financial support. A Greenville, SC car accident lawyer with Hammack Law Firm is ready to help you seek financial recovery from your car accident when you are.
Greenville Car Accident Lawyer Near Me 864-326-3333
South Carolina Traffic Accident Laws
Several laws can come into play when pursuing compensation after a car accident. While one of our Greenville car accident lawyers will handle all the complicated legal jargon for you, we believe it’s important for you to know about the following laws before we begin.
Time Limits for Filing a Car Accident Lawsuit
As per South Carolina’s Code of Laws, S.C. Ann § 15-3-530 sets the statute of limitations, or the time a victim of driver negligence has to file a lawsuit for their car accident injury, property damage, or the wrongful death of a loved one. Victims are allowed three years from the date of the accident to file their lawsuit.
For wrongful death, the three-year statute of limitations period commences on the date of death caused by the accident. Any action taken toward filing after the time bar is up can be motioned for dismissal, and the case will likely not be heard.
Claims of Partial Fault in an Accident Case
If the defendant you are filing against claims that you have partial fault in causing the accident, your case will likely proceed to a trial in which we must try to minimize or deny your responsibility for the collision. If you are assigned any amount of fault, the compensation you are awarded will be reduced by your percentage of liability.
This is because South Carolina follows the comparative negligence rule that holds all liable parties accountable for their driving. Drivers who contribute more than 50 percent of fault cannot recover damages in a “torts claim” in South Carolina. Our team will work hard to preserve your right to compensation.
Reporting a Traffic Collision
It is also important to note that S.C. Ann § 56-5-1270 requires individuals involved in an auto collision to file a Traffic Collision Report form and send it to the state’s Department of Motor Vehicles if the crash resulted in:
- $1,000 in property damages or more
- Physical injuries
Drivers and owners of vehicles that were involved in an accident with these conditions need not file the form if a police officer has already investigated the condition of the vehicles at the scene of the accident.
South Carolina Auto Insurance Requirements
In South Carolina, auto liability insurance policies are a requirement for every driver. The liability insurance should cover the no-fault driver for damages caused in the accident, including:
- Bodily injury – Any physical injuries that result in the need for medical treatment, loss of wages, and pain and suffering
- Property damage – Damage to vehicles and other property near the scene of the accident that was caused by the crash
A claim can be pursued by the victim of the accident against the at-fault driver to recover compensation for bodily injury and property damage.
Uninsured motorist/underinsured motorist coverage from your own insurer may be necessary in some cases. It provides protection for damages caused by uninsured/underinsured motorists who do not have the means of paying you for bodily injury and property damage.
Steps to Take Toward Compensation
In South Carolina, a liability insurance policy should cover your damages as a not-at-fault driver. However, if you wish to seek compensation against the person responsible for your car accident, there are steps you can take to assist in proving negligence and building a strong case:
1. First and Foremost, Seek Medical Attention
Even the slightest injury can become worse later on. Shock and adrenaline may block off some pain, but a medical professional can make an informed assessment of the injuries you have sustained.
Your well-being is the number one priority, so seek medical attention as soon as possible. The medical records can serve as proof of your degree of suffering and serve as evidence of monetary damages inflicted on you because of the accident. These will later be essential components of your case.
2. Gather the Other Driver’s Personal Information
Within reasonable capacity, jot down the contact info of all parties involved:
- Get the name and insurance contact info of the parties involved in the crash.
- Get personal contact information from any witnesses.
If the injuries sustained in the accident strip away your ability to make these interactions, a police officer can surely assist you at the scene.
3. Police and Accident Reports
A police officer is likely to assist at the scene of an accident, especially if injuries or fatalities have been called in. If possible, we advise you to:
- Ask the officer questions, including where you may retrieve a copy of the accident report.
- Take note of any traffic citations that were issued, as this is a tell-tale sign of negligent driving on behalf of the other party.
- Try to take pictures and videos. Evidence of tire skid marks and other hard-fact evidence, such as damage to your car, can be indicative of negligent driving that caused the accident.
- Write down a detailed account of the scene, as well as the events that played out when the situation is fresh. Details are most accurate the sooner they are recorded.
If you call our team at Hammack Law Firm in the event of an accident, we can immediately send investigators to gather important and effective evidence to build a strong case for you.
4. Medical Bills, Damage Statements, Pay Stubs – any Proof of Financial Losses
Even for the most minute of injuries, seek medical attention because records can help strengthen your case, and you are likely to recover faster if treated.
Lost wages can also weigh heavily on the victim and their family. Keep previous and current pay stubs that illustrate your loss of income due to time missed from work. Any other damages, such as repairs to your vehicle, should also be included with your documentation.
5. Seek a Team of Professionals
Our team has extensive knowledge of traffic laws in Greenville and experience litigating in South Carolina courts. We have handled similar situations successfully, over and again. We know the tactics insurance companies use to try to undermine your injuries and pain and suffering to reduce part or all of the payout that they owe you.
A lawyer at Hammack Law Firm will confidently fight the insurance company to recover the maximum settlement on your behalf. We are not afraid to take your case to trial if necessary.
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Our Firm is Ready to Take on Your Car Accident Case
Each time you get in the car to commute to work, drop the kids off at school, or take a quick trip to the grocery store, you are taking a chance on your life. Driving is an essential component of our daily routines, but the fact is that even though you may be taking every necessary precaution to drive safely, others may not be so considerate.
At Hammack Law Firm, our goal is to make South Carolina communities safer by holding negligent parties accountable when they cause injuries. We also want to make the process of recovering compensation as easy on you as possible. Having a Greenville car accident lawyer help you seek compensation can alleviate legal and financial burdens that accumulate after an accident.
Call to Discuss Your Greenville Collision Case for Free
Your recovery is our top priority. Our team at Hammack Law Firm of Greenville, South Carolina, offers superior client service through individualized attention, diligent investigation with a team of research professionals, and years of experience in securing maximum settlements.
If you are ready to hold the driver who caused your injuries accountable, call now for a free, no-obligation case assessment with our team: (864) 326-3333.