Damages You Could Be Entitled to from a Car Accident
If someone else caused the motor vehicle accident that injured you, they could be responsible for paying for your ongoing and future expenses and personal losses. Your car accident compensation may include money for your:
- Medical treatment and rehabilitation expenses
- Costs of long-term disability care, such as home health services, housekeeping, or installation of disability accommodations
- Loss of wages/income or loss of future earning capacity
- Pain and suffering from physical injuries, medical treatment, or emotional trauma
- Reduced enjoyment or quality of life caused by permanent disabilities or visible scarring/disfigurement
- Vehicle repair/replacement expenses, including reimbursement for your car’s value if totaled in the accident
What to Do If You Are Involved in a Car Crash
After a car wreck, you can take the following steps to protect your rights and interests and put yourself in a favorable position to pursue a car accident claim:
- Seek medical attention to diagnose your injuries. Follow your doctor’s treatment plan and recovery instructions.
- Obtain copies of your medical records of your treatment and rehabilitation.
- Notify your car insurance provider about the accident and confirm whether you may have coverage for accident losses under your policy.
- Request a copy of the police crash report if law enforcement responded to the accident scene.
- Keep copies of any bills, invoices, or receipts for expenses you incurred due to the crash.
- Gather copies of your pay stubs, tax returns, or income statements if you lose income while you’re recovering from your injuries.
Finally, contact David Blackwell Law as soon as possible after the vehicle accident to discuss your legal options with David Blackwell, a compassionate Lancaster car accident lawyer.
Who Could Be Liable for an Auto Wreck?
Various parties may bear liability for the injuries and losses you suffered in the car crash, depending on the cause or circumstances of the accident, including:
- Another Driver – Most car accidents are caused by careless or reckless motorists. Examples of dangerous behavior include speeding, tailgating, or running red lights/stop signs.
- The Owner of the At-Fault Driver’s Vehicle – If the person who caused the crash was driving someone else’s vehicle at the time, the vehicle’s owner may bear liability for the crash if they negligently entrusted the car to the at-fault driver. Negligent entrustment occurs when a car owner lends their car to someone they know or should know poses a significant risk of causing an accident, such as due to intoxication or a poor driving record.
- The At-Fault Driver’s Employer – When a driver causes an accident while working, their employer may bear liability for the crash under the doctrine of vicarious liability. This legal theory makes employers liable for the actions taken by their employees while they are performing job-related duties.
- A Vehicle or Auto Part Manufacturer – A car or auto part manufacturer may bear liability for an auto wreck caused by a component that failed due to a design or manufacturing defect.
Time Limits for Filing an Auto Accident Injury Lawsuit in South Carolina
Under the South Carolina statute of limitations, you typically have three years to file a car accident lawsuit against the driver or other parties at fault for the crash. If you file suit after the limitations period expires on your car accident claim, the court can dismiss your case — and you could lose the opportunity to obtain financial recovery for your injuries and losses.
You can avoid this situation and protect your rights to compensation by working with David Blackwell, a Lancaster car accident attorney from David Blackwell Law. We can pursue your claim efficiently and expediently, including by filing any necessary lawsuit within the limitations period.
Could You Recover Compensation if You’re Partly to Blame for an Auto Accident?
Under South Carolina law, you may have the right to recover compensation after an auto accident, even if you share some responsibility for causing the crash. South Carolina follows the “modified” comparative negligence rule in car accident cases. This rule states that a driver injured in a car crash can pursue a legal claim if they have a share of fault equal to or less than the other parties.
However, bearing partial responsibility for an auto collision may affect the value of your financial recovery. Any share of fault you bear for the car wreck may reduce your car accident compensation in proportion to your percentage of responsibility for causing the accident. As a result, the modified comparative negligence rule makes it critical to have experienced legal representation who can present your case effectively, reduce your share of fault, and maximize your financial recovery.
How a South Carolina Car Accident Attorney Can Help with Your Case
Are you dealing with severe injuries in the wake of a car accident? If so, you could require extensive medical treatment and rehabilitation. Even if these are effective, you could be left with temporary or even permanent disabilities that affect your ability to work and take part in everyday life. You deserve financial recovery and accountability from the party or parties at fault for the car crash — but you also deserve the space and freedom to concentrate on your treatment and recovery.
David Blackwell, a car accident attorney in Lancaster, can aid your recovery by handling the details of your case, dealing with insurance adjusters or bill collectors, and helping you get the medical treatment or specialist care you need. Our legal team will thoroughly investigate the crash to recover evidence of the other party’s fault. We will document your injuries and losses, including future anticipated losses, so you can demand the financial resources you need now and long after your case ends.
Moreover, our firm understands the value of communication in the attorney-client relationship, so we will keep you updated throughout your case. We will promptly answer your questions, thoroughly explain your legal options, and help you make the best decision for your interests.
