Charleston Car Accident Lawyer

Charleston Car Accident Attorney

Car accidents can happen unexpectedly in many ways, and if you recently experienced a car accident in the Charleston area, it is natural to have lots of difficult questions about your situation that you cannot answer alone. An experienced Charleston car accident lawyer can be an invaluable asset in this situation who can guide you through the various legal proceedings you may need to navigate to fully recover from the incident.

Axelrod & Associates, P.A., has years of professional experience representing clients in all types of personal injury claims in Charleston, including those arising from motor vehicle accidents. We can help you understand the state laws that apply to your situation and your options for recovering your damages and assist you in revealing every available channel of compensation that might enhance your total recovery.

Benefits of Hiring a Charleston Car Accident Lawyer

You are not legally required to hire an attorney if you intend to pursue legal action following a car accident in Charleston, but you stand a much better chance of maximizing your recovery when you have an attorney you trust representing you. Your attorney can manage all your legal affairs so you can focus on your medical recovery and personal obligations as your case unfolds. They will keep you updated and prepare you for each new phase of your case.

When you have an experienced car accident lawyer representing you, they can help you gather the evidence you will need to firmly establish liability for the accident you experienced, which may involve various forms of physical and digital evidence. They can also help you secure witness statements from those who saw your accident happen. If necessary, they can arrange for expert witness testimony to support your claim.

Ultimately, hiring an experienced car accident lawyer is one of the most important investments you can make in your own recovery. The team at Axelrod & Associates, P.A., approaches every civil claim for damages we accept with the main goal of helping our client maximize their recovery as much as state law permits. We can assist you with the insurance claim filing process and build a personal injury suit if necessary to ensure the fullest recovery.

Proving Liability for Your Car Accident in Charleston

Before you can recover compensation for the damages you suffered in your recent car accident, you will first need to prove the full extent of the damages you sustained and how those damages happened. This means identifying the driver who caused the accident and proving exactly how they caused it. Most of the car accidents reported in the area each year happen from various forms of driver negligence, which may include:

• Distracted driving. This is a leading cause of vehicle accidents throughout the country. Cell phone use while driving or any other distraction has the potential to result in a devastating collision. Your car accident lawyer can help you obtain cell phone records and other evidence needed to prove the at-fault driver caused your accident because they were not paying attention.
• Speeding. While it is relatively common to see drivers slightly exceed posted speed limits, speed limits are not suggestions, and any level of speeding is potentially dangerous. Vehicle computer data can report the speed at which a vehicle was traveling during the moments prior to impact, which could be crucial for proving an at-fault driver caused your accident because they were exceeding the speed limit.
• Poor vehicle maintenance. Drivers are required to keep their vehicles in good working order. If a driver notices a mechanical problem with their vehicle, they should limit their driving and try to have it fixed right away. Failure to do so could lead to liability for an accident if a mechanical failure results in a collision if the driver never took the time to address the problem.
• Traffic violations. Failure to yield the right-of-way, performing an illegal turn, or failing to stop for a red light or stop sign are just a few moving violations that could potentially lead to a serious accident. Traffic signals and road signs exist to allow drivers to anticipate the flow of traffic. When drivers disregard these fixtures and commit traffic violations, they can easily cause serious harm to themselves and others.

The evidence an injured driver will require to prove fault for a car accident will depend on the nature of the accident they experienced. Various forms of physical and digital evidence are likely to come into play. If you are able to do so safely after your accident, taking photos of the scene of the crash, your injuries, and the damage to your vehicle could be helpful to your case. Your attorney can help you secure other forms of evidence that may be essential for proving fault.

Cell phone records, traffic camera recordings, and vehicle computer data are commonly cited in car accident cases to help injured plaintiffs prove fault. An experienced attorney can help their client secure these forms of digital evidence and can obtain witness statements from anyone who saw the accident happen. It is always advisable for an injured victim to have their attorney speak to witnesses to avoid creating a potential conflict of interest.

If your car accident happened due to any type of negligence, success with your case will require proof that the at-fault driver had a duty of care that they breached in some manner and, in doing so, directly caused your claimed damages. However, if your accident resulted from any illegal misconduct, such as intoxicated driving, the at-fault driver not only faces your civil claim for damages but also criminal prosecution from the state.

If you have been harmed by another driver breaking the law, your car accident lawyer can explain how this could influence your recovery. You may be awarded additional compensation in the form of punitive damages and/or restitution alongside the civil damages you recover through an auto insurance claim and/or personal injury suit, but it could take longer than you might expect to resolve this type of car accident case.

Driving under the influence of drugs or alcohol and reckless driving are the most common examples of how illegal misconduct behind the wheel may result in a serious accident. Your Charleston car accident lawyer can review the police report of the at-fault driver’s arrest and help you gather any other evidence you may need to hold them accountable for the damages they caused.

Filing Your Auto Insurance Claim After a Car Accident

State law requires all drivers to have auto insurance that meets basic coverage requirements for bodily injury liability and property damage liability. The fault rule for vehicle accidents in the state means that the driver at fault for an accident absorbs liability for the resulting damages. Every driver must have auto insurance that meets the state’s minimum coverage requirements, and filing an insurance claim is generally the first step in recovery.

Once you have proven that another driver is responsible for causing your accident, your car accident lawyer can guide you through the insurance claim filing process. This will entail gathering various types of documentation to prove the full extent of the losses you suffered and completing forms to submit to the insurance carrier. It is important to remember that an auto insurance company will almost always try to fight a claim for coverage.

If you meet with any resistance to your insurance claim, your Charleston car accident lawyer can ensure you are treated fairly and that your claim is handled in good faith. An insurance company is required to investigate a claim for coverage to ensure it is legitimate, but they may not engage in any bad faith tactics in their efforts to avoid liability for an injured driver’s damages. Unfortunately, many insurance companies attempt to do just that.

Your attorney can help you file your claim, and once an insurance carrier sees that you have legal representation, it will be more inclined to handle your case fairly and produce a timely and reasonable settlement offer. After receiving your settlement offer, your attorney can examine it to ensure it is suitable under the terms of the at-fault driver’s policy. If you have additional damages their insurance can’t cover, you must file a personal injury suit against the at-fault driver.

Claiming Compensation With a Personal Injury Suit

The objective of your personal injury suit is to prove that the defendant is directly responsible for causing the damages cited in your claim and to recover compensation for those damages. Success with your personal injury claim requires establishing liability for your damages as well as proving the exact extent of those damages.

When a personal injury occurs because of negligence, the injured plaintiff must prove the defendant had a duty of care they breached in some way and consequently caused the damages cited in the claim. If the injury happened because of illegal misconduct, proving fault is generally more straightforward, but criminal court proceedings against the defendant are likely to impact the injured plaintiff’s civil proceedings in their efforts to recover their damages.

Under the state’s personal injury statute, it is possible for an injured plaintiff to seek full compensation for all economic losses they suffered because of a defendant’s actions. These are likely to include vehicle repair costs and other property losses not covered by insurance, medical treatment costs, and lost income if their injuries prevent them from working during their recovery.

It is vital for the plaintiff to remember they can claim compensation for both immediate and future economic damages resulting from their accident. For example, if you are unable to work in the future due to the severity of your injuries, the defendant is not only liable for immediate medical expenses and lost income following the accident but also for your projected future medical costs and the future income you are no longer able to earn because of your disability.

Beyond your economic losses, you also have the right to seek pain and suffering compensation from an at-fault driver. State law sets no limit to how much a plaintiff can seek in a car accident claim, and your car accident lawyer can be your most valuable resource for determining how much pain and suffering compensation you could reasonably expect if you succeed with your case.

What to Expect From Your Charleston Car Accident Lawyer

When you choose Axelrod & Associates, P.A., to represent you in your recovery efforts following a car accident, you can expect compassionate and responsive support from our team through every stage of your case, from gathering the evidence you need to prove fault for the accident to helping you uncover every available channel of compensation you can explore to maximize your recovery.

We can immediately begin gathering evidence to support your case as soon as you secure our firm’s representation. It is vital to act as quickly as possible after a car accident to ensure the greatest chance of success in both your insurance claim and your personal injury suit. You should file your insurance claim quickly, and you only have three years from the date of your accident in which to file a personal injury suit.

While this statute of limitations may seem generous, the reality is that it could take time to gather the foundational elements of your case, so it is always preferable to start this process directly after an accident. Our goal in your car accident case is to prove fault, guide you through the insurance claim filing process as efficiently as possible, and build a compelling civil claim if necessary to ensure the fullest possible recovery of your damages.

Many civil claims for damages filed are resolved through private settlement negotiations, but litigation may be unavoidable in some cases. Your car accident lawyer can help you approach settlement negotiations with confidence if this is an option for resolving your case, but if not, you can rely on their support during all your courtroom proceedings.

FAQs for Charleston Car Accident Lawyers

Q: How Much Is a Car Accident Claim Worth in Charleston?

A: The total potential value of a car accident claim in Charleston will depend on the severity of the damages cited in the claim. An at-fault driver is liable for all economic damages they inflict on any other party if they are found responsible for an accident, and the victim also has the right to claim compensation for the pain and suffering they experienced. Your Charleston car accident lawyer can help you maximize the total compensation you obtain for your accident.

Q: What Happens if I’m Partially Liable for My Car Accident in Charleston?

A: If you are partially liable for your recent car accident in Charleston, you should expect a diminished recovery to reflect your shared fault under the state’s modified comparative fault statute. This statute allows a partially at-fault plaintiff to still recover compensation as long as they are less than 50% at fault. If they are 50% or more at fault, they cannot recover any damages from any other liable party.

Q: Do I Need a Charleston Car Accident Lawyer to File an Insurance Claim?

A: You do not strictly need a car accident lawyer to file an insurance claim after a car accident, but you are more likely to achieve a positive outcome in an efficient manner if you have an attorney help you file this claim. Your attorney can resolve any disputes an insurance company might raise against your claim, and they will ensure your claim is handled in good faith and that you receive a fair settlement offer.

Q: How Do You Calculate Pain and Suffering in a Car Accident Case?

A: You can calculate pain and suffering in a car accident case in various ways. State law does not set a limit for how much a plaintiff can seek, nor are they required to use a specific method for calculating pain and suffering. An injured plaintiff may claim compensation for their pain and suffering based on their projected recovery time or by seeking a large lump sum that reflects the severity of any permanent damage they suffered from the accident.

Q: What Does It Cost to Hire a Charleston Car Accident Lawyer?

A: The cost to hire a car accident lawyer may only amount to a percentage of your total case award if you choose the team at Axelrod & Associates, P.A., to represent you. We accept personal injury clients on a contingency fee basis, meaning our client pays a percentage of their total case award as our fee, but only if we win their case. There are no upfront attorney fees, and our client pays nothing if we are unable to obtain compensation for them.

Axelrod & Associates, P.A., has an extensive record of success in handling all types of personal injury cases, including complex vehicle accident claims for our clients in Charleston and surrounding communities. We’re ready to leverage our experience and our professional resources to help you recover from your recent accident, so contact us today to schedule a free consultation with an experienced Charleston car accident lawyer.