Darlington Car Accident Lawyer

Darlington, SC Car Accident Attorney

When you’ve been injured in a car accident, a Darlington car accident lawyer could be critical to getting the compensation that you deserve. The injuries that you’ve suffered are the legal responsibility of whoever it was that caused the car accident. Your medical expenses, property damages, lost wages, and even psychological costs, such as pain and suffering, are all the responsibility of those who are at fault for the accident.

At Axelrod & Associates, P.A., we help our clients seek the restitution that they are owed after a car accident. Our team can help identify the liable party or parties and make the case for the compensation you deserve. Whether through settlement or going to courts, we have had significant experience and success in getting fair restitution for our clients. We can put that experience to work on your claim.

What a Darlington, SC, Car Accident Lawyer Does

A car accident lawyer represents their clients to seek fair compensation for the costs associated with a car accident. This works a little bit differently in every case, as it’s important that we approach each case based on the unique elements. However, beyond the paperwork, filings, and other work we do, our process primarily centers around two, and sometimes three, primary roles

Investigator

There are a few different objectives that we need to accomplish when investigating your car accident case. One of these is to identify who is liable for the accident. We need to understand what party or parties were at fault, as that’s who we need to pursue restitution from.

Additionally, a key aspect of a good investigation involves gathering evidence. If the claim goes to court, we must prove the connection between the liable party and your injuries. This proof depends heavily on the evidence that we are able to gather regarding the accident. We also look for evidence that can be helpful in defending against any claims that you were at fault for the accident. Under comparative negligence, this could be used to reduce or even eliminate your ability to collect damages.

Negotiator

Many claims will never even make it to court and, instead, be settled between the two parties. This method has some advantages. It can often be a much quicker process than going to court, which could take months or even years. A settlement also avoids the risks that come with a trial. It’s impossible to be certain of how a trial will be ruled on, and even the strongest of cases may return an unexpected outcome. However, with a settlement, you know that you will receive whatever’s been agreed to.

It’s important to have a lawyer negotiating for you. We understand what to expect in these negotiations, and the other side will often avoid some of the lowball tactics they use on those who haven’t negotiated these kinds of settlements before. Our presence also makes it clear that you are serious about taking the claim to court if a fair agreement isn’t reached. When the other side is motivated to avoid court, this can encourage the process to move more quickly.

Litigator

When a fair agreement can’t be reached, it may be necessary to turn to the legal process to get what you’re owed. If so, we are always prepared to take those steps. We understand what the courts are looking for in this process and how to argue for the defendant’s negligence. Our attorneys also know how to defend against any accusations that you were at fault. We can use our experience and success to ensure that you are represented with a strong case before the court.

Who Could Be Liable in a Car Accident?

There may be a tendency to see liability in a car accident as being straightforward and always belonging to another driver involved in the collision. While this may be the case in many car accidents, there are others who may have committed negligence that caused or contributed to the accident. This is why it’s critical that you work with an experienced negotiator who understands how to identify the cause of the accident. Some of the potentially liable parties include:

• Drivers: A reckless, distracted, or otherwise negligent driver could be the cause of an accident. They may directly initiate a collision of some kind, or they could cause other cars, which are trying to avoid their erratic driving, to collide with one another.
• A Driver’s Employer: Many vehicles on the road are participating in some kind of commercial activity, such as deliveries. When they end up in an accident, it’s possible that the driver’s employer could be at fault. This is more likely when there is a specific company policy, such as unreasonable expectations regarding delivery times, that makes an accident more likely to occur.
• The Government: When poorly maintained roads, incorrect or inadequate signs, or dysfunctional traffic lights lead to an accident, the government in charge of these could be liable.
• A Part Manufacturer or Installer: When an issue with a part leads to problems controlling the vehicle, the manufacturer or installer of the part may be liable.

FAQs

Q: What Compensation Is Covered in a Car Accident Claim?

A: A car accident claim in Darlington will only cover those costs that are a direct result of the accident and the injuries that you suffered. This will usually need to be proved through documentation, such as doctor’s notes, medical bills, and other evidence. This is why it’s critical that you keep a good record of your costs.

The compensation will typically be paid in two forms of damages. For anything that has identifiable financial costs, such as medical bills, lost wages, and property damage, there are economic damages. For costs that tend to be more psychological or emotional, such as pain and suffering or mental anguish, compensation is paid through non-economic damages.

Q: How Does Comparative Negligence Impact a Car Accident Claim?

A: Comparative negligence is part of the South Carolina personal injury claims process, including car accident claims. These rules give the defendant the opportunity to argue that the plaintiff bears at least some responsibility for their own injuries.

If the defendant’s team can successfully prove this, then the plaintiff will have their damages award reduced proportionately to what the court believes is their share of the fault. However, if their share is deemed to be more than half, then they may be prevented from collecting any damages at all. For instance, a plaintiff with a $100,000 damage award who is found to be 10% at fault will still be able to collect $90,000. However, if they are found to be 51% at fault, they cannot collect anything.

Q: When Does a Car Accident Claim Need to Be Filed By?

A: The statute of limitations for most car accident claims will be three years, which means that the claim must be filed within three years of the accident. There could, though, be some exceptions, depending on factors like who you are attempting to hold liable and if there were any minors involved. It’s crucial that you talk with a Darlington car accident lawyer soon after your accident so that you can get a clear understanding of the timeline involved in your case.

Q: How Is Fault in a Car Accident Proven?

A: Fault in a car accident is proven using evidence from the scene of the accident, witness testimony, and even crash expert testimony, if needed, to explain how the accident occurred. The plaintiff’s lawyers need to prove three things related to the defendant:

• Duty: The defendant must have had a duty to be careful that their actions might not place others in any unnecessary harm. Generally, because of the inherent danger of motor vehicles, this is reasonably provable in a car accident.
• Breach: The defendant will need to be shown to have, in some way, failed to meet the duty that was required of them in the given situation. The nature of the breach will be unique to the accident, but it is often some kind of reckless driving or violation of traffic law.
• Cause: The defendant’s breach will need to be shown as the direct cause of the accident, and the injuries that you suffered must be a result of that accident.

Seek Restitution With an Experienced Darlington, SC, Car Accident Lawyer

Victims of car accidents, at minimum, often have vehicle damage that needs to be repaired, although the impact can often be much more significant. The expenses that you incur because of a car accident, such as medical bills, lost wages, and psychological costs, are legally the responsibility of whoever caused the car accident or their insurance provider.

Getting fair compensation from these parties can often be a challenging process, but working with the right Darlington, SC, car accident lawyer can improve your odds.

At Axelrod & Associates, our team has significant experience in helping our clients get their costs covered, whether through negotiating a settlement or going through the litigation process. We take care to ensure that our clients understand where their claim stands and how their interests are being pursued. If you’ve suffered a car accident because of someone else’s negligence, contact us today.