How Is Liability Determined in a Car Accident?
Liability in a car accident refers to who is legally responsible for the damage and injuries that occur because of the collision. Determining liability is a process that involves examining various factors and legal considerations. Some of these important factors include:
- Duty of Care: Every driver has a legal responsibility to operate their vehicle safely and according to the laws to avoid harming others.
- Breach of Duty: To establish liability, it must be shown that a driver failed to fulfill their duty of care. Common examples include speeding, running a red light, and driving distracted.
- Causation: After a breach of duty is identified, it needs to be proven that this specific breach caused the accident.
- Contributory Negligence: In some cases, both drivers may be at fault to some degree. In South Carolina, a victim’s degree of fault for causing a wreck can be taken into consideration and may reduce their recovery, which is why it’s equally important to address any disputes over a victim’s alleged negligence when they arise.
- Evidence: Many types of evidence are often used to determine liability. Common examples include police reports, witness statements, traffic surveillance footage, photos of the accident scene, and vehicle damage reports. Our attorneys can also conduct our own investigations and work with accident reconstruction experts or other relevant specialists when needed.
As lawyers who represent plaintiffs (the victims) in car accident cases, we know there are many opportunities to position clients favorably and many strategies to help them secure the maximum compensation possible. It’s why we’re so detailed in the work we do and why we are always aggressive in ensuring that at-fault parties are held fully liable for the damages suffered by our clients.
What Damages Are You Entitled to After a South Carolina Car Accident?
In South Carolina, car accident victims may be entitled to various forms of compensation, including but not limited to:
- Past and future medical expenses
- Lost income and lost earning capacity
- Pain and suffering
- Loss of enjoyment or quality of life
- Property damage
- Other economic and non-economic losses
The amount of compensation you may receive depends on various factors, such as the severity of your injuries, the impact on your daily life, and any other financial or emotional losses incurred due to the accident. Our team has extensive experience in accurately assessing damages and negotiating for fair compensation and can help evaluate the potential value of your claim during a consultation.
How Much Time Do I Have to File a Car Accident Lawsuit in Hilton Head?
The state of South Carolina has established strict deadlines for filing a car accident lawsuit, known as the statute of limitations. Generally, this statute of limitations is three years from the date of an accident. If you fail to file before this deadline, you won’t be able to recover compensation.
Because it can be tricky to determine the statute of limitations that applies to a case, and because an expired statute of limitations bars victims from recovering any compensation for their losses, we strongly encourage car wreck victims to reach out to our firm as soon as they can.
Quick action on your part can ensure you’re able to bring a claim within the statutory filing window. It can also help our attorneys when it comes to conducting investigations, gathering evidence, and building the strongest possible claim on your behalf.
How We Help Car Wreck Victims
As a Lowcountry law firm with a regional reputation, Bauer & Metro, P.C. is known for providing award-winning representation to injured victims when they need it most. Our firm has extensive experience dealing with local courts and insurance carriers and has refined our services to ensure clients receive the support they deserve.
- Comprehensive Legal Counsel. From the moment you engage our services, we dedicatedly stand by your side, offering comprehensive legal counsel tailored to the unique circumstances of your car accident case. Our experienced attorneys understand the nuances of South Carolina laws and will apply their knowledge to support you every step of the way.
- Insurance Claims and Settlement Negotiations. Dealing with insurance companies can be fraught with challenges. Our seasoned team skillfully assists you in filing insurance claims and negotiating settlements, working tirelessly to ensure you receive the compensation you deserve to cover medical costs, lost wages, and any other damages incurred due to the accident.
- Litigation for Complex Cases. Some car accident cases are particularly complex and require going to court. Our attorneys possess the litigation experience needed to take on these challenging scenarios. We prepare a robust case on your behalf, advocating for your rights and striving for a favorable outcome.
- Personalized Attention from Experienced Attorneys. Each case is personal, and so is our approach. Our attorneys provide personalized attention, ensuring that you feel heard, valued, and understood throughout the entire legal process. Your concerns become our concerns as we work together towards justice.
- Support and Guidance Through the Legal Process. We recognize how confusing the legal aftermath of a car accident can be. Our team offers consistent support and guidance, helping you make informed decisions while simplifying the complexities of legal procedures and documentation.
Call Our Hilton Head Car Wreck Lawyers Today: (843) 920-2844
Our team at Bauer & Metro, P.C. has made it our mission to provide victims and families across Hilton Head and the Lowcountry with exceptional support following preventable accidents. We know that this can be one of the most challenging times in your life, and we are committed to alleviating the burden, so you can concentrate on what matters most – your healing and recovery.
If you have questions about a case, our Hilton Head car accident attorneys are standing by to help. We offer FREE consultations and serve clients across the region.
To learn more about how we can help you, contact us online or call (843) 920-2844. We don’t charge a fee for clients to retain our services and we don’t get paid unless we win.
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