A car accident is a traumatic experience, especially when it ends in more than just property damage to your car but also serious injuries with painful and perhaps debilitating consequences. Unfortunately, the process of recovering compensation for damages like property damage, medical expenses, lost earnings, and pain and suffering can add to the distressing aftermath of the accident, especially when an injury victim with substantial damages tries to navigate the claim process without skilled, assertive legal protection.
Hiring an experienced Columbia car accident lawyer is the best way to move forward on an accident claim while also allowing the time and energy to recover. Understanding the steps in the South Carolina car accident claim process is the best place to start.
First, Document Evidence When Possible
South Carolina is a fault-based car accident state, requiring an injury victim to prove the other party’s liability to recover compensation. If the car accident victim isn’t incapacitated, this process can begin at the scene of the accident. An injury victim can use their phone to take photos of the accident scene and add the contact information of all involved parties and any eyewitnesses.
Then, it’s critical to go to a hospital for emergency medical care and a full evaluation to treat and document all injuries. Finally, car accident victims must report the accident to their insurance company, obtain their medical report and the police report, and call an experienced South Carolina car accident attorney before dealing with the at-fault party’s insurance company.
Your Attorney Will Investigate to Prove Liability
In South Carolina, an accident victim has the burden of proving the other party’s liability to recover full compensation for their damages. After you hire a Columbia injury lawyer, the attorney investigates all aspects of the accident to determine the cause, the negligent action that led to the crash, and the correct liable party. Then, they document evidence to show that the at-fault party’s actions meet the following legal standards of liability:
- They owed a duty of reasonable care to the injury victim, such as the responsibility to follow traffic laws
- They breached this duty through negligence
- Their negligent breach of duty directly caused the accident
- The injury victim suffered economic and non-economic damages from the accident
Less commonly, the at-fault party isn’t another driver, but a negligent road maintenance agency or the manufacturer of a defective auto part.
The Attorney Consults With Medical Experts to Determine the Full Extent of Your Damages
Besides proving liability, a successful case must include a careful calculation of an injury victim’s past, present, and future damages from the accident. This includes past and future medical expenses, out-of-pocket costs, past and future income loss, lowered future earning ability (in cases of disability), and compensation for pain and suffering. If a car accident causes a catastrophic injury such as a traumatic amputation, brain injury, spinal cord injury, or disfigurement, the list of damages could include compensation for these additional damages.
The Attorney Negotiates With the Insurance Adjuster
After documenting evidence of liability and damages, the attorney submits a demand package to the at-fault party’s insurance company and begins negotiations for a settlement. With legal representation and well-documented evidence, most cases end with an ample settlement for the victim’s damages. However, a small percentage of cases go to court for a jury to decide. A court case takes longer, but sympathetic juries often award a large compensation amount to the injury victim.
A successful claim is a complex legal process. An experienced lawyer helps the injury victim to focus on their physical recovery by handling the legal process of their financial recovery.