Everyone wants to find "the best" Myrtle Beach personal injury lawyer when they have a claim and they want it handled right. How do you know who "the best" attorneys are?
Expert witnesses are often necessary to prove each element of a plaintiff's or defendant's case following an automobile accident including liability, causation, and damages.
South Carolina follows a modified comparative negligence rule. This means that your recovery in an auto accident case can be reduced by the percentage that you were at fault in the accident up to 50%. Your comparative negligence must not exceed 50%, and, if it does, you are barred from recovering any damages from the other driver. If your comparative negligence as found by a jury is less than 50%, then you can still recover damages, but your compensation will be reduced by the percentage of negligence that a jury assigns to you.
It is impossible to tell you how your case will take, but we can let you know what to expect. Some cases may be settled within a few months, while others could take years to resolve. It depends on many factors including the nature and severity of the injuries, whether liability is disputed, whether damages are disputed, and whether the at-fault driver's insurance company agrees to pay full compensation for your injuries, denies your claim, or delays payment. Below is an explanation of some of the stages of an auto accident case.
I've compiled some of the most common questions that we get from new clients. Any information here may vary depending on the facts and circumstances of your individual case, and this is intended only to give you a general understanding of the claims process and what is involved in an auto accident case.
Modern technology has made our cars safer and, at the same time, has become a leading cause of auto accidents by encouraging distracted driving. Advances in technology have also made it easier to identify the cause of a car crash and who was at fault.
Under South Carolina law, the driver who is at fault in an auto accident is liable for all damages that were proximately caused by their negligence. Auto accident lawyers often look at this as the three-legged chair approach to whether you have a case. You must be able prove:
Many different factors can contribute to auto accidents, and each car crash carries its own set of facts and challenges. Weather conditions, inexperienced drivers, drunk drivers, distracted drivers, speeding, and drivers who disregard traffic signals are just a few of the many potential causes of traffic accidents in the Grand Strand Area. No two car crashes are the same, and the auto accident lawyers at Axelrod & Associates, P.A. have just about seen them all.
According to the National Highway Traffic Safety Administration (NHTSA), South Carolina had 977 traffic fatalities in 2015, the most recent year with available data. Horry County and the Myrtle Beach area have led the state in traffic fatalities since at least 2011 with the number of fatalities increasingly each year. Drunk driving has contributed significantly to the death toll on our state's highways, with 309 of the 977 total deaths in 2015 attributed to alcohol impairment.
Our goal in auto accident cases is to get full compensation for every element of damages that our client is entitled to receive. The insurance company's goal is exactly the opposite. They want to pay the least amount possible and they will look for every excuse to deny your claim, pay less than your claim is worth, or delay paying your claim for as long as possible. There are many reasons for an insurance company to deny or reduce a claim. Some of them are valid legally, but many are just excuses and tactics that insurance companies use to save money.