Suffering injuries from an auto collision should not come without some form of compensation, especially when the accident was not your fault. Fortunately, with the help of an experienced attorney, you could receive professional help with filing a car accident case in North Charleston.
What Does It Mean to File a Car Accident Case?
When a person files an auto accident claim, they are usually going to be filing a claim against the at-fault driver’s insurance company since they would typically be responsible for any payouts depending on the type of coverage involved. When an insurance company receives notice of a lawsuit, they may try to offer a settlement check in order to avoid a lengthy legal dispute. However, victims should try not to accept any settlement offers without the assistance of an experienced auto injury attorney. A North Charleston lawyer could analyze any offers to make sure that they cover the full extent of damages sustained.
Steps to Take Before Filing a Car Accident Claim in North Charleston
There are several steps to take before a victim is ready to file an auto injury suit. The first thing one should do after they receive medical treatment and get in touch with an attorney is to collect all evidence relating to the accident. Doing so allows the victim and their attorney to have a better picture of how the accident occurred and why the defendant should be held liable. Once enough evidence is gathered, an attorney could then focus on calculating the total amount of damages owed to the victim. An attorney would utilize any medical bills and expenses, as well as any property damage and repairs to estimate what is owed. In addition, an attorney would take into account any psychological trauma suffered by the victim as well.
Proving Negligence in an Auto Collision Suit
Filing a lawsuit requires the victim to prove several factors such as:
- A duty of care belonging to the at-fault driver
- Breach of that duty
- Failing to uphold the duty of care led to the accident
- The damages sustained were a direct result of the accident
For car accident cases specifically, drivers owe everyone in or around the road a duty of care to drive responsibly and safely. Engaging in reckless behaviors such as speeding, aggressive driving, and driving under the influence is a breach of that duty. Once the victim establishes the breach of a duty of care by the at-fault, the victim must be able to prove that the driver’s breach of duty was a direct cause of the accident. For example, if a driver was using their phone leading up to the accident, the plaintiff could blame the driver’s lack of focus on the road as the main reason why the accident happened. Once the victim has established culpability belonging to the defendant, they would then prove how the damages sustained correlate with the extent of the accident.
Get in Touch with a Legal Professional Today
If you or someone you love requires help with filing a car accident case in North Charleston, be sure to schedule a consultation today. With the help of a professional lawyer, you could file your claim in a timely manner. Schedule a consultation today to learn more.