Our Experienced Personal Injury Attorneys Can Help With Your South Carolina Accident Claim
Our personal injury lawyers at Parker & Bain, LLC know from experience that tragedy can strike at any moment. Car accidents, work accidents, defective products and careless business owners can easily turn your life upside down.
If you or a loved one suffered harm due to an act of negligence, then it may be possible to secure a verdict or settlement that covers your damages. From our office in Gaffney, we are ready to help the injured across our state.
Deciding To File A Personal Injury Lawsuit After An Accident
Serious injuries can leave you or your family members saddled with millions of dollars in unexpected expenses. However, South Carolina law permits some accident survivors or their family members to recover compensation from the at-fault party.
It can be difficult to assess your legal options on your own after an accident. If you or a loved one suffered harm due to the carelessness or the willful intent of another party, then our attorneys can help you determine which legal options are available.
Types Of Personal Injury Lawsuits In South Carolina
People file personal injury claims for a number of reasons. Scenarios that could lead to a serious injury include:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Pedestrian and bicycle accidents
- Boat accidents
- Defective products
- Slip-and-fall accidents
- Medical malpractice
- Nursing home abuse and/or neglect
You may be able to file a claim for compensation if you or a loved one suffered damages. Whether you should file a personal injury lawsuit depends on the circumstances. If you suffered extensive damages or are unable to resolve a claim through other means, then you should strongly consider this option.
Examples of damages could include medical bills, lost income, loss of future earning capacity, and pain and suffering. Depending on the type of injury you or a loved one suffered, your damages could be in the millions of dollars.
What Types Of Damages Can Be Recovered In A Personal Injury Lawsuit?
Two types of compensatory damages can factor into a personal injury lawsuit. Generally, personal injury lawsuits deal with economic and noneconomic damages.
Both types of damages may cover:
- Medical and rehabilitation expenses
- Transportation costs
- Lost income or loss of future earnings
- Home modifications
- Pain and suffering
The types of damages you can recover would depend on the specifics of your case. If you suffered an injury that requires extensive medical services and led to immense pain and suffering, then both types of damages would likely factor into your case.
Why You Should Consider Hiring An Attorney After Any Kind Of Accident
You should speak with an attorney as soon as possible after your accident. It can be very easy to make mistakes during the early part of the claims process. Depending on the mistake, you may preclude yourself from being able to seek compensation altogether. An attorney can also protect evidence that is vital to your case. Evidence may quickly disappear after an accident, even within hours.
For example, data on a truck’s electronic control module (ECM) may be altered or destroyed after a wreck. Forensic evidence can also quickly vanish from the scene of an accident.
An attorney can begin building your case by gathering the available evidence. Types of evidence that may factor into a personal injury lawsuit include:
- Medical records
- Physician statements
- Electronic communications
- Witness statements
- Police reports
- Photographs or video footage
These are only a few basic examples of evidence that might factor into a personal injury lawsuit. By hiring an attorney early on, you can obtain a better understanding of how evidence will factor into your case.
Frequently Asked Questions About Car Accidents
One of the most common types of accidents that lead to a personal injury claim is a car or motor vehicle accident. Our car accident attorneys know that if you’ve been injured in a car accident, you probably have a lot of questions. Here, they answer some of the more commonly asked questions. If you still have specific questions about your car accident, we offer a free consultation to give you a chance to ask your questions.
What should I do after a car accident?
After an automotive collision, you may experience disorientation or pain. Having a list of steps to take after such an incident can help you act quickly. This could save your life or the lives of others. In the event of a car crash, you should:
- Call 911
- Check on the other driver
- Get out of harm’s way
- Seek medical attention
Once you are safe, then you can address issues that will help your car accident claim.
- Check the crash damage
- Gather evidence such as videos or photos
- Get contact information from any witnesses
- Cooperate with authorities and get a copy of the police report
- Contact an attorney
Our South Carolina car accident lawyer wrote a blog that further explores what you should do after a car crash. Follow this link to learn more.
Do I need to hire a lawyer after my car accident?
There are many reasons why hiring an attorney is a good idea after a car accident. An attorney can help you preserve evidence that another party may intentionally or unintentionally destroy or alter. If you must negotiate with your insurance company, then a lawyer is familiar with the tactics that insurance companies use. This experience may help you get a better settlement. If you must go to court to solve your claim, then an attorney can also help you build a strong case and meet court deadlines. These are tasks that may be difficult for you to handle if you are recovering from an injury.
What kind of evidence do I need to file a claim for my car crash?
In order to build a strong lawsuit or claim, you will need to gather effective evidence.
Your lawsuit or claim will need evidence such as:
- Police reports
- Witness testimony
- Medical records
- Expert testimony
- Diagrams of the scene
- Videos and more
You will also need to exchange basic information from the other driver:
- Driver’s license number
- Registration numbers
- Insurance information
This may be difficult if you are in the hospital or otherwise recovering from your injuries. An attorney can help in this situation.
What kinds of damages can I ask for after a car accident?
If you suffer an injury in an auto accident, then you may be able to seek damages for your associated losses. These damages include, but are not limited to:
- Medical expenses
- Lost wages and future income
- Vehicle repairs/replacement
- Mental and physical pain and suffering
If the other party acted deliberately or with reckless disregard, then the injured party may also be able to pursue punitive damages.
Does it matter who was at fault for the accident?
South Caroline has a modified comparative negligence law. This is also referred to as the “51 percent” rule. If the injured party in a car accident holds some fault in the incident, then the percentage of his or her fault will lower what the other party pays. If the injured person’s negligence breaks the threshold of 50%, then he or she cannot recover compensation from the other party.
Learn More In A Free Consultation
We know that no matter what type of accident you were involved in, you probably still have questions. If you would like to talk to our lawyers about your possible injury claim, please call us. Our practice focuses on the needs of our clients and giving them caring and honest legal guidance. You can contact our Gaffney office at (864) 489-8128 or send us an email to arrange your free consultation.