Side impact collisions are often more lethal than other types of accidents because there is less structural protection for the driver and passengers on the side of a car. There is no bumper to protect people from side-impact crashes.
Many side-impact collisions happen because drivers disregard traffic signals or fail to yield to a vehicle with the right of way. If you got hurt in a side impact accident because of someone else’s carelessness, you might be eligible for compensation.
A Greenville side-impact collision lawyer at Hammack Law Firm could help you hold a negligent party responsible for your losses. If we take your case, you will not have to pay any upfront legal fees. We handle car accident injury cases on a contingency-fee-basis, which means that we get paid out of the settlement proceeds at the conclusion of your case.
It is easy to get started. You can call us at (864) 326-3333. The initial consultation is free, and there is no obligation.
How to Establish Liability in a Side Impact Collision in Greenville
Before we can go after damages from the at-fault driver and their insurer, we must establish that they are legally liable for the accident that hurt you.
According to the American Bar Association, we must prove these four things:
- Duty of care. Your personal injury lawyer must prove that the other driver owed you a legal duty. Everyone who drives a vehicle on a public street has an obligation to obey traffic laws, including stopping at stop signs.
- Breach of duty of care. It is negligence when someone’s conduct fails to measure up to the legal standard. Let’s say that a driver was running late for work, so they ran a stop sign. Failure to stop at a stop sign is negligence since doing so has the ability to harm another person.
- Causation. Your lawyer must prove that the negligent driver’s actions caused the collision that hurt you. When the driver in our hypothetical situation ran a stop sign, they broadsided a car that was legally in the intersection. The negligent act of failing to stop caused the collision.
- Financial damages. You must have measurable losses to go after compensation for your damages. To satisfy this requirement, you must have financial losses in the form of medical bills, lost wages, or other accident-related expenses.
After we prove all four of those elements, we can pursue financial compensation from the at-fault party. You do not have to prove negligence on your own. A Greenville side-impact collision lawyer at Hammack Law Firm can evaluate your situation to see if you have a case. You can call us today at (864) 326-3333 for a free case review.
Recoverable Damages in Greenville Side Impact Collision Injury Cases
After we show that another driver is at-fault for the accident, we can start calculating the cost of your collision-related expenses. We need to talk to you and investigate your case before we can determine the amount of compensation for which you might be eligible.
Here are some examples of damages we can recover on your behalf:
- Lost income. If you missed out on paychecks while you could not work because of your injuries, you might have a claim for lost income, which can comprise of lost wages, salary, self-employment, and other kinds of regular income.
- Diminished earning capacity. You might have a financial loss if your injuries leave you unable to make as much money as you did before the accident. Some people have to reduce the number of hours they can work or switch to a lower-paying job after a severe injury.
- Medical bills. Usually, you can include the reasonable cost of your medical expenses into your compensation claim. The ambulance, emergency room, doctors, hospital, lab tests, surgery, physical therapy, and prescription drugs can fit into this category.
- Pain and suffering. This item covers the physical discomfort and emotional distress you experienced from the accident and your subsequent injuries.
Every personal injury situation is different. The amount of compensation you might be able to collect will depend on the facts of your case.
Three Things to Avoid After a Side Impact Collision
When you know the things that can pose a threat to the value of your injury claim, you can take steps to avoid them.
Here are some things you might want to sidestep:
- Do not settle your case before you complete medical treatment and get released by your doctor. Once you sign the insurer’s settlement documents and get compensation, the insurer has no legal obligation toward you. If you later find out that you need emergency medical intervention, like surgery, the insurance company will not pay for it.
- Do not post comments or photographs on Facebook, Instagram, or other social media accounts. When you have a pending injury case, the insurer may be able to view your social media accounts and posts. Let’s say that you posted a photo of a happy family event where you were smiling and having fun. The insurance company can take the picture out of context and accuse you of exaggerating your injuries or pain.
- Do not miss the legal deadline. Our state gives you little time to file a lawsuit seeking monetary damages for your injuries. If you miss the deadline, you can lose the right to hold the careless person financially responsible for hurting you. Most claimants have three years to initiate legal action, per S.C. Ann. § 15-3-530.
These are but a few examples of the many things that could jeopardize your right to fair compensation.
Hammack Law Firm Is Here for You
You do not have to go through this challenging time by yourself if you have been T-boned by another car. A Greenville side-impact collision lawyer can advocate on your behalf, giving you the freedom to focus on your health and wellness.
At Hammack Law Firm, we provide a warm and supportive environment for our clients. The last thing that you need right now is more stress. We treat our clients like our family and friends. When considering legal representation, we encourage you to review our client testimonials to learn more about what you can expect from us.
You can call us today at (864) 326-3333 to find out how we can help you.