A car accident is a challenging time for anyone. The financial strain from missing work or unpaid medical bills can be incredibly difficult and leave you feeling defeated. However, you have rights and opportunities to ensure they are appropriately compensated so they can get back on their feet.
An Allendale car accident lawyer can guide you through the challenging legal landscape to help you get the compensation you deserve. By working with an experienced personal injury attorney, you can focus on your recovery while they handle the legal aspects of your claim.
Insurance Laws in Allendale
South Carolina is considered a fault insurance state. This means that those harmed in a car accident may bring a claim against another for any damage they suffered. In addition, all drivers must maintain a minimum of $25,000 for bodily injury and property damage. Because of this coverage requirement, an injured driver has options regarding who to bring a claim against. Those injured may choose to bring a claim against their own insurance company for compensation, the other driver’s insurance company, or the other driver directly.
An Allendale car accident attorney who understands South Carolina’s insurance law could guide an injured driver through the process. The attorney could advise someone who was harmed to allow the claimant to bring a claim that makes the most sense based on the facts surrounding their accident.
What to Know About Car Crash Claims
The most common type of injury claim that a person can bring following a car accident is a negligence claim. In order to prove negligence, an individual must be able to show:
- The responsible party had a duty to protect the injured party
- They breached that duty
- The breach caused the claimant’s accidents
- The claimant suffered actual damages
Each of these factors must be proven by a preponderance of the credible evidence for the claim to be successful. In addition, the claim must be filed within three years of the injury. This limit may seem like a long time but it often goes by quickly.
Modified Comparative Negligence
South Carolina also has a special rule in injury cases, known as modified comparative negligence. This means that the individual who was harmed may not be more than 51 percent at fault for the accident. If they are, they may not collect any damages even if the other person acted wrongly.
Those injured may recover two types of damages under South Carolina law, economic and non-economic damages. Economic damages are the financial losses resulting from the crash, such as the cost of medical bills or car repairs. Non-economic damages are the losses that are real but more difficult to measure, such as pain and suffering. An Allendale car accident lawyer could help someone who has been injured document all the harm they suffered so they can create a comprehensive claim.
An Allendale Car Accident Attorney is Here to Help
The legal process for recovering compensation following a car accident is complex and overwhelming, but with the right representation you can work through it and get back to your life. An Allendale car accident lawyer could guide you through the process to help you get the compensation you deserve. If you or a loved one has been injured in a car accident, call today.