Loris Car Accident Lawyer

Loris Car Accident Attorney

Car accidents can be a harrowing experience in Loris, SC. Unfortunately, the damage that they do can often extend beyond the vehicle and the moment. In many cases, a car accident leads to medical bills, lost wages, and pain and suffering. When the accident wasn’t even your fault, it can be all the more frustrating. You deserve some compensation when you find yourself in that circumstance. Insurance companies, though, often don’t want to pay what they should. Axelrod & Associates, P.A., Loris car accident lawyers can help you get what you deserve. We investigate the accident, negotiate with insurance companies, and fight in court when needed, all on your behalf.

Proving Fault

Proving fault in a car accident case means proving negligence. There are three parts to proving negligence:

• Duty – It must be shown that the defendant had a duty to be careful and minimize the risk to those around them. In the case of a car accident, this duty is generally well understood.
• Breach of Duty – The defendant must be shown to have failed to live up to their duty. If there is evidence that they broke the rules of the road or were driving recklessly, then that should be considered a breach of duty.
• Cause – The defendant’s breach of duty must be shown to be the cause of the injuries suffered.

Damages

Personal injury claims can be awarded with three different kinds of damages. However, a car accident isn’t likely to have punitive damages, which act as a kind of punishment, unless there is something particularly malicious about the defendant’s actions. Generally, a car accident will result in two types of damages being awarded:

• Economic Damages – These damages are restitution for the quantifiable costs associated with a car accident. They address things like medical bills, lost wages, and property damage.
• Non-Economic Damages – These damages are restitution for things that are inherently unquantifiable. Things like pain and suffering, disfigurement, or mental anguish are given a monetary value that is owed in non-economic damages.

What Do After a Car Accident

The immediate aftermath of a car accident can often be a crucial time when it comes to later making a claim. In that aftermath, if you are at all able or someone with you is able, there are a few things that can help your case. They are:

• Be Cautious – Until you’ve had a chance to talk with a lawyer and they’ve given you advice, be very careful in discussing the case. Aside from the police, to whom you should clearly explain your understanding of the accident, you should generally avoid really discussing the accident in case you say something that can later be used against you as an admission of fault. This is especially true when talking with other drivers involved or insurance companies.
• Take Pictures – Pictures and video of the accident scene can be tremendously valuable in later making the case for fault. If you or someone else can get pictures that can be used to help recreate the accident for the court. Some things worth documenting are any damage and injuries, all the vehicles involved, traffic signs, and one distant shot showing the full accident scene, particularly any skid marks.

FAQs

Q: How Long After a Car Accident Can You Sue in South Carolina?

A: A car accident claim is a type of personal injury claim. For personal injury claims, the statute of limitations is three years from the date of the accident. This may seem like a long time; however, it’s important to realize that you’ll want to give your car accident lawyer time to investigate your case, negotiate with the insurance companies, and put together your case before filing. The sooner that you can involve your lawyer in the case, the better your chances of a successful claim.

Q: Can You Sue for Pain and Suffering in South Carolina?

A: Yes, pain and suffering is something you can sue for in South Carolina. If the court rules in your favor, it would be something that can be included in non-economic damages, which address the unquantifiable losses associated with a car accident. These are awarded in addition to economic damages, which cover quantifiable losses associated with the car accident. Things like property damage to your vehicle, medical bills from your injury, or lost wages are included in economic damages.

Q: What Should I Do About Insurance?

A: You will have to speak with insurance companies after the accident; however, you should be cautious when you do so. These companies want to, as much as possible, avoid paying you the money you are owed. Every dollar that they pay out to you is a dollar less of profit on their bottom line. They will look for anything you say that could possibly be considered an admission of fault and will pounce on it. Be sure you talk to your lawyer about how you should handle the insurance companies.

Q: What Should I Do at the Scene of the Accident?

A: The first thing you should do is always to make sure you and others who might be injured get the medical help they need. After that, be sure and honestly answer any questions that the police investigating the car accident have. They will use your answers to develop their initial report, and you will want to make sure your understanding of the accident is included. Lastly, be sure to have you or someone else take pictures of the scene of the accident, if possible. Make sure to get photos of any and all damage, all vehicles involved, a picture of the full scene, including any skid marks, traffic signs, and anything else you think may be relevant.

Get the Car Accident Restitution You Deserve

Being injured in a car accident will almost certainly result in losses. Whether they’re lost wages, property damage, medical bills, pain and suffering, or more, you are owed compensation for what you’ve lost. The insurance companies, though, often aren’t particularly eager about paying what you owe. That’s where we at Axelrod & Associates, P.A., can help. We’ll investigate your case, negotiate with insurance on your behalf, and, if needed, argue for you in court. Contact us today for help with your car accident claim.