A car accident can leave you overwhelmed and confused. While trying to recover from any potential traumas sustained in the wreck, you might have to deal with a mountain of medical bills and tough negotiations with insurance companies. These accidents are often the result of the reckless or careless behavior of someone else, and those responsible should be held accountable.
If you were involved in a car crash, you should not have to navigate the complicated legal system alone while trying to recover from your injuries. A compassionate Mount Pleasant car accident lawyer could answer your questions. By working with a qualified injury attorney, you can give yourself the best chance of receiving full and fair compensation for your damages.
The Legal Basis for a Claim in Mount Pleasant
All drivers assume a duty to protect others when they are operating a motor vehicle. This duty requires a driver to protect pedestrians, other drivers, and any passengers. If harmed in a car crash, any of these parties may pursue a legal claim for compensation against an at-fault driver under the legal theory of negligence.
Negligence states that any individual who behaves in a reckless or careless manner could be held liable for the injuries they cause. This means that, regardless of their intent, a driver could be deemed negligent if they fail to respect their assumed duty of safety while operating a motor vehicle. An example of negligence would be a driver refusing to stop at a red light or obey appropriate signage, resulting in an injury. Similarly, a driver texting while driving at the time of an accident could be strong grounds for a claim of negligence by a victim.
The Statute of Limitations in South Carolina
The statute of limitations is a timeframe in which victims should file a claim. According to South Carolina Code of Laws §15-3-530, an injured individual has three years from the date of the incident that resulted in their injury to take legal action. While there are a few exceptions to this statute, it is advised that claimants file a claim within this time to try and ensure their case is heard. If someone fails to meet this statute, a defendant may make a motion for a dismissal of their claim. To avoid this, a dedicated Mount Pleasant car accident lawyer could work tirelessly to file a claim that meets the statute of limitations.
Potential Damages to Recover in a Car Wreck
The effects of a car wreck can be serious and long-lasting. Injuries can range from mild to severe – or even fatal – and may require immediate medical attention, along with chiropractic or physical therapy later on. Some of these injuries include severe cuts and scrapes, concussions, broken bones, and sprains or strains.
In addition to physical injuries, there are numerous other economic and non-economic damages that a victim may be able to recover following an accident. These recoveries could account for:
- Medical bills
- Lost wages from missed work
- Lost earning capacity due to long-term injury
- Loss of enjoyment of life
The specific compensation available will depend on the unique facts of the case. A Mount Pleasant car accident attorney can help determine what compensation may be available.
Contact a Mount Pleasant Car Accident Attorney Today
No matter how severe your injuries are from a car crash, you must still be able to prove that another driver was negligent in order to make a case for compensation. If you have been injured in a car wreck, you might benefit from contacting a Mount Pleasant car accident lawyer. The process to make a claim could quickly become complicated making an understanding of the law and its many nuances incredibly beneficial.
An experienced and knowledgeable car crash attorney might be able to help you navigate the complex legal process involved in building a case. From gathering evidence to demanding compensation and recovery, we work tirelessly to protect your rights. Call us today to discuss your case.