Getting a settlement for a car accident case depends on a variety of factors. Each accident is unique, and there are many different components to consider when it comes to the outcome of the claim against the person who caused the accident.
Some of the factors that play into whether you are able to obtain a settlement include the cooperation of the insurance companies, the amount of evidence you can gather, and the willingness of the other party to settle. It may be a good idea to speak with an attorney to understand more about these different aspects and your potential rights.
Proving Fault in a Car Accident Case
Perhaps the most important factor in determining whether your case reaches a settlement is the amount of evidence you have against the other party. To recover compensation in a personal injury accident, you must show four key factors:
- Duty: You must show that the other party owed you a duty to drive their vehicle with reasonable care and skill at the time of the accident.
- Breach: You must show that the other party did not drive their vehicle according to this standard of care.
- Causation: You must show that the breach of the duty was the cause of your accident and that no other prevailing causes were to blame.
- Damages: You must show that you were hurt as a direct result of the accident.
There are different types of evidence that can be gathered to help prove each element of the case. An example would be an eyewitness testimony statement about what happened leading up to the accident. Video footage from a local surveillance camera or cell phone footage can also be useful.
The more evidence you are able to collect, the stronger your case will be against the other party. If you have a very strong case, it may encourage the other party to discuss a settlement in lieu of taking the case to trial.
Many people are also eager to know how long it may take to settle a car accident case. Unfortunately, there is no way of predicting this timeline, but working with an attorney can help you understand more about the process and what to expect.
Insurance Policies in Car Accidents
Some people wonder whether they can receive a settlement through any of the auto insurance policies involved in the accident. Insurance policies can be complicated and difficult to understand. You and the other drivers involved may have underinsured motorist coverage (UIM), which can provide additional coverage if the other policies involved are not high enough to cover your damages and expenses.
However, just like bringing a claim in court, there are things that the insurance companies will want to see before it issues a settlement check. Having a lawyer by your side can help you deal with the administrative aspects of filing a claim with your insurance company or the other party’s insurance company. We can help you prepare your statement, provide proof of your injuries, and ensure that you meet all the important deadlines. We will also work to ensure that the insurance companies involved treat you fairly instead of avoiding you.
Even if you obtain a payout through an insurance policy, you may still need to take your claim to court to recover compensation. We are prepared to stand with you throughout the entirety of your claim.
Contact a Customer-Centered Law Firm Today for Help
At Hammack Law Firm, our mission is to build personal relationships with our clients and help make Greenville and the rest of South Carolina a safer place for everyone. Getting a settlement for a car accident case can become a lengthy process that requires constant attention and effort–things you should not have to deal with while you are busy trying to recover from your injuries.
We work to hold careless parties accountable for the injuries that they cause. If you work with us, you will be able to focus on your recovery while we build the strongest case possible on your behalf.
Some of the aspects that your attorney will take care of include:
- Gathering evidence
- Speaking with insurance companies
- Scheduling important hearings with the court
- Connecting you with expert witnesses
- Taking your case to trial if necessary
Do not wait. Time may be running out on your claim. You have three years to bring your lawsuit after the date that you were injured, according to the South Carolina Code of Laws Unannotated §15-3-530. At Hammack Law Firm, we strive to treat our clients like friends and family members and understand exactly how traumatic this situation is for you.
We have received very favorable Google reviews and have a variety of customer testimonials on our website that you can view. Call our office now to get started by scheduling your free and confidential consultation at (864) 766-7108.
With over 25 years of legal experience, Paul Hammack provides his clients with a level of trial expertise and strategic insight rarely found in personal injury litigation. Having spent the first eight years of his career working within major insurance defense firms across Georgia and South Carolina, Paul gained an intimate understanding of the “other side’s” playbook. This insurance industry background serves as a unique differentiator for his clients; he knows exactly how insurance carriers evaluate risk and what motivates them to pay top dollar for a claim.
In 2008, Paul founded Hammack Law Firm to move away from the “plaintiff mill” model and focus on building personal relationships with those he represents. As a seasoned litigator, he has tried dozens of first-chair cases to verdict, specializing in high-stakes litigation involving catastrophic injuries and complex truck accidents. His dual-state practice allows him to provide aggressive representation across both South Carolina and Georgia, ensuring victims of negligence receive the maximum financial compensation possible regardless of which side of the state line the accident occurred.
Paul’s commitment to excellence is reflected in his record of significant achievements, including a $10 million tractor-trailer wrongful death settlement and a $3.9 million moped-versus-truck recovery. His credentials and bar admissions in both South Carolina and Georgia underscore his deep roots in the regional legal community. Beyond the courtroom, Paul is a dedicated advocate for his local community, contributing his time and resources to organizations such as the United Way, Red Cross, and Hands On Greenville, all while working to make South Carolina a safer place for everyone.
