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How Do I Settle My SC Auto Accident Claim?

At some point before retaining their personal injury lawyer, most people will wonder if they can handle this situation without an attorney.

How hard can it be? We were hurt in the accident, and the highway patrol said the accident was the other driver's fault. We can just give the other driver's insurance company our medical records and they will handle it, right?

It usually doesn't take very long to realize why people retain an auto accident lawyer to help them recover. You really aren't sure what the insurance company is obligated to pay and they aren't telling you. The truth is that the representative of the other driver's insurance company is hoping that you will not find representation and that you will attempt to handle your case and settle it without an attorney...

How Do I Get Full Compensation from the Insurance Company?

First, you must know what full compensation is in your situation. There are many different elements of damages and any or all of them may apply to your case. You are entitled to compensation for all damages that were a foreseeable consequence of the other driver's negligence. For example:

  • All reasonable medical expenses that are a result of the accident. This can include expenses from many different sources like EMS, hospital bills, ER physicians, and the costs of surgeries and medications.
  • Reasonable medical expenses may also include future medical expenses. Depending on the nature of your injuries, you may need follow up care for a period of time or you may need lifelong care. Long-term care, the possibility of complications, and even cosmetic surgeries may be expenses that the other driver is required to cover.
  • Property damage must be covered - ordinarily, insurance companies will cover damage to vehicles quickly but there may be other property damage for which they are responsible.
  • Physical therapy and other types of rehabilitation that are necessary following the accident.
  • Psychological damage such as therapy for PTSD following the crash.
  • Lost wages for time lost from work.
  • Loss of earning capacity caused by disability or long-term injuries.
  • Any out-of-pocket expenses that were a result of the accident.
  • Pain and suffering - the insurance company would like to just write you a check for some of your medical bills and be done with it, but they know that they are required to pay much more than just the medical bills.
  • Punitive damages are awarded by jurors following a trial, but, in a case where punitive damages are appropriate, the insurance company must consider the possibility of punitive damages in the settlement amount.

Once you have determined what types of damages are present in your case, you have collected all the records and documentation, and you have presented that information to the insurance company in a carefully drafted demand letter, you can expect that the insurance company will reject your demand and make a counter-offer that is substantially less than what they are responsible for paying.

Do You Want to Settle Your Myrtle Beach Auto Accident Claim?

Your Myrtle Beach personal injury lawyer at Axelrod and Associates routinely handles cases just like yours. We know what damages you are entitled to and we know the games that insurance companies play to avoid paying your damages. We know how to put your documentation together and how to negotiate with the insurance company to get full compensation for your injuries.

Depending on the facts of your case, we may send a "courtesy copy" of the Complaint that we will file when the insurance company does not pay your claim because we know that there is just one thing that will force insurance companies to pay full compensation: the threat of trial. The primary purpose of our civil court system is to allow people to seek justice by forcing bad actors to pay for the damage that they cause. Without the courts and the threat of a jury trial, most accident victims would receive very little from insurance companies and many would receive nothing at all.

If you have been hurt in a SC car wreck, schedule a free consultation with a Myrtle Beach personal injury lawyer on the Axelrod team. Call us at (843) 916-9300 or fill out our contact form today.

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Axelrod & Associates, P.A.
4701 Oleander Drive, Suite A
Myrtle Beach, SC 29577

Phone: 843-353-3449
Fax: 843.916.9311
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Rock Hill, SC 29730

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3700 Golf Colony Ln
Little River, SC 29566

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