South Carolina Car Accident Lawyer
After a car crash, you may suffer serious injuries and be unable to pay for medical treatment. Your whole attention should be on recovering from your accident injuries. If you try to file an injury lawsuit on your own, it can be difficult to focus on your recovery.
Hiring the South Carolina car accident lawyers at Mickelsen Dalton LLC will allow you time to recover, while you have the tenacious team of attorneys fighting for your claim. We will seek proper justice for you and work hard to obtain the compensation you deserve. Call our law firm today at (843) 804-0428 for a free case evaluation.
Car Accident Resources:
- Should I Hire an Attorney for my Car Accident?
- Common Car Accident Injuries
- South Carolina Car Accident Statistics
- Determining Liability
- Steps to Take After an Accident
- South Carolina Statute of Limitations for Personal Injury Cases
Why Hire Mickelsen Dalton LLC for your Car Accident Case
Proving fault in a car crash can be tough. However, Mickelsen Dalton LLC has resources that can help secure all forms of evidence to help determine liability. Our law firm retains proven experts and investigators, as well as trusted staff and medical consultants – whatever it takes to win while caring for the client.
We fight aggressively and tirelessly for our clients; we will not back down. We have proven our success time and time again. Our personal injury attorneys in South Carolina have achieved over $40 million in verdicts and settlements for clients in just three years, filed lawsuits in ten different jurisdictions, and appeared on major national news outlets.
We fight to win no matter what the fight is, no matter what you have been through, no matter how large the defendant is, and no matter how enormous the challenge is.
How an Auto Accident Attorney Can Help You
An experienced lawyer will guide you through every step of the insurance claim and legal process, ensuring that you are fully aware of all applicable laws and procedures. If you have been injured in a car accident caused by someone else’s negligence, you should contact an auto accident lawyer right away for help with your injury claim.
A car attorney in South Carolina will protect your interests and be committed to defending your rights throughout the process. Car accident lawyers can help you with all aspects of a lawsuit or claim. They will also be able to effectively negotiate a proper settlement. Our attorneys are prepared to handle the following:
- Determining the value and costs of your accident injuries
- Filing a personal injury lawsuit with the court—if necessary
- Handling claims and negotiations with the insurance company and adjusters
- Hiring experts
- Locating any witnesses
- Negotiating a fair settlement
- Proving liability
- Reviewing and explaining all applicable laws and regulations surrounding your claim
During a car accident claim, a car accident attorney has to work diligently and quickly in order to properly and timely file a claim—holding all liable parties reasonable.
Common Car Accident Injuries
In 2020, there were 964 fatal car collisions in South Carolina. Auto accidents often result in serious and potentially debilitating injuries that require extensive medical treatment. Some of the most common injuries in these collisions include the following.
- Broken bones
- Internal bleeding
- Spinal cord damage
- Traumatic brain injuries
- Cuts, sprains, and bruises
- Soft tissue injuries
- Facial injuries
- Burn injuries and scarring
Car accidents can also cause injuries so severe that they are deemed catastrophic. Some examples of catastrophic injuries include paralysis, disfigurement, amputation, and vision or hearing impairments. In the most severe cases, car accidents can result in wrongful death.
South Carolina Car Accident Statistics
There are some alarming facts that might surprise the citizens of South Carolina. The South Carolina Department of Public Safety issues a Traffic Collision Fact Book each year to provide statistics on collisions in the state. The most recent data in South Carolina has found that:
- There is one traffic collision every 3.7 minutes.
- Property damage from a collision happens every 5.2 minutes.
- One person is injured every 13.6 minutes in a car collision.
- A fatal vehicle collision occurs every 9.4 hours.
From 2017-2019, traffic collisions in South Carolina were decreasing. However, in the most recent publications, statisticians have found that car accidents are now on the rise. The state has not only seen an increase in collisions but also an increase in traffic fatalities.
Who Is Liable After a Car Accident in South Carolina?
It is critical that victims of negligence understand that they are not responsible for the costs incurred as a result of someone else’s carelessness right from the outset. Victims may be able to collect financial compensation for their injuries after a car collision and any related suffering even if the at-fault driver had no intention of harming anyone. If you get into an accident with a truck driver, the liability may land on a commercial truck company rather than an individual. A truck accident lawyer in South Carolina can help you determine liability.
Auto accidents can happen for a variety of reasons, but the majority of them are avoidable. One or more drivers’ negligence is frequently the cause of traffic collisions. The following are some examples of irresponsible driving habits that frequently result in accidents:
- Distracted driving—using cellular phones
- Drunk driving
- Exhausted driving from being overtired or overworked
- Failing to adhere to reduced speed limit signs
- Inexperienced drivers
- Not following proper rules or signaling
- Reckless driving like speeding and excessively switching lanes
Within recent years, texting or using your phone while driving has led to an increase in traffic collisions. This has been the number one cause of car crashes in most states in the last two years across the United States. Using your phone and driving is not just negligent but also illegal in many areas. Distracted driving, including drunk driving, causes many accidents around the state and the country.
In some situations, both drivers commit negligent acts and are both at fault for an accident. Under South Carolina’s comparative negligence laws, an injured driver can still pursue a claim against another motorist. However, the court will reduce the plaintiff’s settlement by the percentage of liability that he or she shares.
For example, say that driver A was driving while distracted, ran a red light, and collided with a motorcycle rider. However, driver B was also speeding at the time of the crash. The court assigns 40% of the liability to driver B and awards $60,000 out of his original $100,000 settlement.
South Carolina also prevents recovery if the plaintiff is more than 51% at fault for the accident. If the court had found driver B to be 60% at fault, he would not have recovered any compensation.
Is South Carolina a No-Fault Accident State?
South Carolina is considered an at-fault state. Each insurance company will pay for the damages to the degree of fault of each party. This means that if you are less than 50% responsible for an accident, you can file against the responsible party.
Steps to Take After a South Carolina Car Accident
If you are involved in a South Carolina car accident, you can feel scared and overwhelmed. In these situations, you may be unsure what to do next. To seek emergency help and begin documenting evidence for your future claim, take the following steps after the accident.
Contact Law Enforcement
First, call 911 and report the accident to the police. The responding officer will come to the scene and ask you questions about the collision. Make sure to answer these questions truthfully to the best of your ability. If you do not know the answer to a question, simply state “I don’t know.”
After speaking to the responding officer, ask for his or her name and badge number. You can use this information to find the police report at a later time. This report will serve as valuable evidence in your future insurance claim or lawsuit.
Seek Medical Attention
Next, seek emergency medical attention as soon as possible. Save all records related to your treatment and injuries, and make sure to receive follow-up care as necessary. Your medical records will be valuable evidence in your case.
You should always go to the hospital following your accident, even if you do not feel injured. You may have internal or underlying injuries that you are not aware of, which can lead to life-threatening complications. Not only will seeking medical care help you document evidence, but you can also receive potentially life-saving treatment before symptoms worsen.
Document Evidence at the Scene
If you are able to move around the accident site without putting yourself in danger, take steps to document evidence. Speak to any witnesses and ask for their contact information. Save all pieces of physical evidence and take as many photographs and videos of the scene as possible.
Briefly exchange license, contact, and insurance details with the other driver. Do not make any statements about your injuries or the collision.
After you receive the care that you need, contact a South Carolina car accident lawyer from Mickelsen Dalton LLC as soon as possible. Do not speak to an insurance representative or the other driver until you consult with a lawyer. Your injury lawyer will evaluate your case and help you understand your legal options.
Dealing with an Insurance Company
Following an auto accident, the insurance company for the other party will call you to discuss the incident. It is critical that you pay close attention to what you say throughout this call. The insurance adjuster may ask you provocative questions in an attempt to persuade you to acknowledge fault.
An attorney can help guide you through this process to ensure that you get the maximum compensation for your accident.
Time Limits in South Carolina Car Accident Cases
If you believe that you qualify for a car accident claim, it is important to act quickly. According to South Carolina’s statute of limitations for personal injury cases, you have three years from the date of the collision to file a lawsuit in civil court. If you do not file within this timeframe, the court will likely dismiss your case.
Insurance companies generally follow this statute of limitations as well. To protect your right to compensation and take your first steps toward filing a claim, speak to a South Carolina car accident lawyer at Mickelsen Dalton LLC. Your attorney can help you identify your appropriate filing deadline and initiate your case.
What Damages Can Be Recovered in a Car Accident Claim?
Car accidents can have a significant impact on your life, resulting in physical, financial, and emotional hardships. By pursuing a claim against a negligent driver, you can hold him or her accountable for the losses that you endured.
South Carolina allows car accident victims to recover two types of compensation in their claims: economic and non-economic. Economic damages are financial, while non-economic damages refer to the pain and suffering that you experienced.
Here are a few examples of damages that you could recover in your car accident claim:
- Past and future medical expenses for any injuries that you sustained in the collision
- Wages that you lost while recovering from the accident or receiving medical care
- The loss of future earnings and benefits if you are unable to return to work
- Repairs and replacements for any property that was damaged in the accident
- Physical pain and suffering, such as permanent disability or chronic pain
- Emotional pain and suffering, such as emotional distress, depression, anxiety, and post-traumatic stress disorder
In some situations, you may also qualify for a third category of compensation known as punitive damages. Economic and non-economic damages are intended to compensate you for any losses that you suffered in the accident. On the other hand, punitive damages punish the at-fault driver for dangerous behavior.
You can recover punitive damages if you can prove that the driver was reckless or willful in causing your accident. However, you can only claim up to $500,000 or three times the value of your compensatory damages in punitive damages, whichever amount is greater.
How Much Does a Car Accident Lawyer Cost?
Many people do not look for a car accident attorney because they believe that legal representation is too expensive. At Mickelsen Dalton LLC, we recognize that financial hardship often occurs after a collision. That is why we offer our services on a contingency fee basis, which is common among personal injury firms.
Under this arrangement, you will not pay any legal fees unless your attorney recovers a financial award in your case. If your case is successful, your legal fees will be equal to a fixed percentage of your final award. The average contingency fee can range from 30% to 40%.
Contact a South Carolina Car Accident Attorney
At Mickelsen Dalton LLC, our car accident attorneys will fight for those that have been in a vehicle collision. We will work hard to obtain the personal injury compensation and justice you deserve. If you were injured in a car accident and it was not your fault, you need to contact an attorney as soon as possible.
We can help you determine who is liable and what legal actions you can take to help toward your recovery. One of the most important aspects of our role will be determining and proving the cause of your auto accident. We will gather evidence to indicate who or what caused your accident to build your case.
Please contact us online or call us at (843) 804-0428 (South Carolina) or (678) 641-9054 (Georgia) so we can get started on your lawsuit immediately. Additionally, you can email us at firstname.lastname@example.org. Our law firm is available to be reached 24/7 for a free case evaluation.