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If you’re in a car accident in South Carolina, can you trust the insurance company? What can you do if the bills pile up and you still can’t work because of your injuries from the accident? And why should you continue to carry the financial burden for an accident you didn’t cause and injured you? Mickelsen Dalton is here to help car accident victims in Charleston, SC get the compensation they need and deserve from the car accident that changed their lives. The first consultation with our Charleston injury lawyers is free.
At the law firm of Mickelsen Dalton, our Charleston car accident attorneys have significant experience representing clients who have been injured in motor vehicle collisions. Here’s why you should hire us:
After a car accident, the attorney that you choose to represent you matters. Mickelsen Dalton is here for you.
An experienced Charleston car accident lawyer can help you in several ways. Here’s how:
Investigate the Claim: Once you’ve hired an attorney, they will investigate your claim to determine who was at fault for the accident. As part of their investigation, they will speak with witnesses, review the police report, and look at any available video footage.
Organize Evidence: The evidence collected during the investigation process will be organized in a way that is helpful for your case. This could include taking photographs, collecting medical records, and gathering statements from witnesses.
Communicate with Insurance Companies: Dealing with insurance companies can be tricky and frustrating. Your attorney will handle all communications with the insurance companies involved so that you don’t have to worry about it.
Consult with Expert Witnesses: In some cases, expert witnesses may be called upon to testify on your behalf. Expert witnesses can be used to link your injuries to the accident, which is required for you to receive compensation. Your attorney will consult with these experts to make sure that their testimony is consistent with the facts of your case.
Calculate Your Damages: Another way a Charleston accident lawyer can help you is by calculating your damages. This includes both economic and non-economic damages. A car accident lawyer will make sure you get the compensation you deserve.
If you’ve been in a motor vehicle accident, hiring a Charleston car accident lawyer is one of the best things you can do for yourself. An experienced attorney will handle every aspect of your case so that you can focus on healing both physically and emotionally.
When involved in an auto accident, what compensation are you entitled to receive? It depends on the facts of your case.
First, it’s important to understand the difference between economic and non-economic damages. Economic damages are objective and measurable financial losses that a victim has incurred or is expected to incur as a result of the accident and their injuries. Non-economic damages, on the other hand, are subjective and intangible losses that don’t have a specific dollar value attached to them. In some instances, punitive damages may be awarded.
It can be helpful to look at some examples of economic damages that might be sought in a personal injury case:
Medical Bills: One of the most common types of economic damages in personal injury cases is medical bills. This includes not only current expenses but also future costs that are reasonably expected to be incurred as a result of the injuries sustained.
Lost Wages: Lost wages are another common type of economic damage in personal injury cases. If you’ve been injured in an accident and are unable to work—or if you’re able to work but only at reduced hours or with reduced pay—you may be able to recover those lost wages as part of your personal injury claim.
This includes not only wages actually lost but also any future earnings that you may reasonably expect to lose as a result of your injuries.
Property Damage: Property damage is another form of economic damage that can be incurred in a personal injury case—particularly if the accident involved a motor vehicle. If your car was totaled or damaged beyond repair in an accident that wasn’t your fault, you may be able to recover the value of your vehicle as part of your claim against the responsible party.
Similarly, if any other belongings were damaged or destroyed in the accident (phone, jewelry, clothing), you may also be able to recover their value through your personal injury claim.
Pain and Suffering: This is perhaps the most well-known type of non-economic damages. It includes not only physical pain but also the mental anguish and emotional distress that comes from being injured.
Loss of Consortium: This is the legal term for the loss of companionship and support that a spouse or other family member suffers when their loved one is injured. For example, if a husband is injured in a car accident and can no longer travel with or go on dates with his wife, damages may include loss of consortium.
Loss of Enjoyment of Life: This damage is fairly self-explanatory—it is the loss of abinility to enjoy life’s activities due to an injury. For example, if someone loves to play tennis but their shoulder injury prevents them from ever playing again, they may be able to recover for their loss of enjoyment of life.
In some cases, punitive damages may be awarded. Punitive damages are only awarded if the plaintiff can prove that the injury was caused by reckless behavior.
No case is too large or too small for our law firm. We are here to help, so call us to schedule your free consultation.
Cases we commonly represent in Charleston County, SC include:
If you’ve been involved in a car accident in South Carolina, you may be wondering what happens if you were partially at fault for the accident. The good news is that you may still be able to recover damages.
South Carolina is a comparative negligence state when it comes to personal injury law. This means that if you are injured in an accident, you can still recover damages as long as you are less than 50% at fault for the accident. In other words, if the court finds that you are 50% or more at fault, you will be barred from recovering any damages.
Let’s say, for example, that you are walking across the street and a car runs a red light and hits you. The court may find that the driver of the car is 80% at fault and you are 20% at fault because you should have looked both ways before crossing the street. In this case, you would be able to recover 80% of your damages from the driver of the car.
However, if the court found that you were 50% at fault because you darted out into the street without looking, you would not be able to recover any damages from the driver because South Carolina’s comparative negligence law bars plaintiffs who are 50% or more at fault from recovering any damages.
Many people think that they can successfully negotiate with an insurance company on their own after sustaining injuries in an accident. However, this could not be further from the truth. In fact, we strongly advise against speaking to an insurance adjuster without first consulting with a personal injury lawyer. Here’s why:
The Insurance Company Is Not on Your Side
It’s important to understand that the insurance company is not on your side—no matter how nice or accommodating the adjuster may seem. The insurance company is a for-profit business, and settlement payouts are a direct hit to their bottom line. Therefore, the insurance company’s goal is to settle your claim for as little money as possible—not what is fair or just.
You Could Unknowingly Jeopardize Your Claim
Any statement you say to the insurance company can be used in an effort to devalue or deny your claim altogether. For example, if you say that you are “fine” or that you “feel okay,” the insurance company could use this against you by arguing that your injuries are not as serious as you claim they are.
An Attorney Can Handle Negotiations for You
Once you have retained an attorney, they will handle all correspondence and negotiations with the insurance company on your behalf. This way, you do not have to worry about being taken advantage of or inadvertently jeopardizing your claim.
Your attorney will also be able to properly value your claim so that you recover compensation for all of your damages.
In South Carolina, you have three years from the accident date to file. The best thing you can do for your case is to document everything immediately and contact us as soon as possible.
Injuries can vary in an auto accident. Our Charleston accident attorneys can help you recover compensation for injuries such as:
Compensation is not limited to only these instances. We understand the costs associated with car accidents – and not just the financial ones. That’s why we’re dedicated to making sure our clients are taken care of, not just in the short term, but in the long term as well. Our experienced car accident lawyers will fight to get you the compensation you deserve so that you can focus on what’s important: your recovery.
If you’ve been in a car accident, you’re not alone. While no two accidents are exactly alike, there are some common factors that contribute to a large percentage of crashes.
Speeding is one of the most common—and most preventable—causes of car accidents. When drivers go above the speed limit, they put themselves and others at risk.
Drunk driving is another leading cause of car accidents. If you’ve been hurt by a drunk driver, you may be able to hold them accountable by filing a personal injury lawsuit.
Distracted driving also causes a significant number of car accidents. This is any activity that takes a driver’s attention away from the road. This includes talking on the phone, texting, and even changing the radio station. Distracted driving is dangerous because it increases the chances of an accident occurring.
If you have been involved in an auto accident, we will fight to get you the compensation you deserve.
The moments after an accident are terrifying. There will be many emotions and a flurry of activity right after. However, there are some specific things you should do if you:
We understand the stress, pain, and uncertainty you’re feeling after your car accident. That is why the trial attorneys of Mickelsen Dalton are ready to fight for you. Contact our law firm today to schedule your free initial consultation and get more information about your legal options.
“Professional, efficient, personable. Brian, Danny, and Stephen are relentless in pursuing justice for those who are underrepresented in society.”
The time it takes to resolve a car accident case can vary significantly based on several factors. It is essential to recognize that each case is unique, and there is no fixed timeframe for resolution. Some of the key factors that can impact the duration of a car accident case include:
While some car accident cases may be resolved within a few months, others may take a year or more to reach a resolution. It’s crucial to be patient and prioritize the thoroughness of the case rather than rushing for a quick resolution that may not adequately compensate you for your injuries and damages.
If you are involved in a car accident case, it is essential to consult with an experienced personal injury attorney who can assess the specifics of your case, advise you on your rights and options, and work diligently to seek fair compensation on your behalf. An attorney can also help expedite the process while ensuring your best interests are protected.
In the context of a car accident case, the concept of negligence is used to determine fault. When someone is negligent, it means they have failed to exercise the level of care that a reasonably prudent person would have exercised in similar circumstances. In a car accident case, proving negligence is crucial for establishing liability and seeking compensation for injuries and damages.
To prove negligence in a car accident case, the following elements must generally be demonstrated:
To establish negligence, the plaintiff (injured party) and their attorney must gather evidence, such as accident reports, witness statements, photographs, videos, and expert testimony, to support their claim. They must demonstrate that the defendant’s actions fell below the standard of care expected of a reasonable person under similar circumstances, and those actions were the direct cause of the plaintiff’s injuries and damages.
It’s important to remember that negligence laws can vary from state to state, and determining fault in a car accident can be a complex process. If you’ve been injured in a car accident, it’s advisable to seek legal counsel from an experienced personal injury attorney who can help you navigate the legal complexities, build a strong case, and advocate on your behalf to seek fair compensation for your injuries and losses.
If the other driver doesn’t have insurance after a car accident in South Carolina, it can complicate matters for you as the injured party. In South Carolina, like in most states, drivers are required to carry liability insurance to cover the costs of injuries and damages they may cause in an accident. However, some drivers may still operate their vehicles without insurance, despite the legal requirement.
If you find yourself in a situation where the at-fault driver is uninsured, here are some steps you can take:
Dealing with an uninsured driver in a car accident can be challenging, but having UM and UIM coverage can provide you with some financial protection. Consulting with a skilled personal injury attorney can help you understand your options and the best course of action to pursue fair compensation for your injuries and losses.
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