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Whether you are involved in a minor fender-bender or a catastrophic accident that results in devastating injuries and fatalities, getting into a crash can be an extremely stressful and overwhelming experience. If the other driver was at fault for causing the accident, you may be entitled to financial compensation by filing a personal injury lawsuit against the at-fault driver.
However, to secure the financial compensation you deserve, you must take several steps in the moments following the accident. If you have a general understanding of what to do after an accident, you are less likely to say or do things that could hurt the outcome of your claim. An experienced Columbia car accident lawyer will assist you with the claims process, protect your legal rights, and pursue the maximum financial compensation you deserve.
Car accidents happen when you least expect them, and you may be unsure about what to do in the moments immediately following the accident. The first and most important thing to do is to call 911 to report the accident and notify dispatch if there are injuries so that they can send an ambulance to the accident scene. If you can safely move around, it is important that you take the following steps:
South Carolina is a modified comparative negligence state, meaning you may still recover financial compensation if you were partly responsible for causing the accident. However, your total damages will be reduced by the percentage of your share of liability. For example, if the total losses equal $100,000, and you were found to be 20 percent at fault, you may recover $80,000 in damages. However, if your percentage of liability exceeds that of the other motorist involved in the accident, you will be unable to recover any damages.
You may be entitled to a sizable settlement depending on the nature and severity of your injuries. A successful personal injury claim may include the following damages:
If the other driver involved in the accident does not have auto insurance or is underinsured, it can be challenging to recover the financial compensation you deserve. However, in South Carolina, all drivers must carry uninsured motorist coverage (UM), which protects you if you are injured in a car accident involving an uninsured driver or a hit-and-run driver. You can also purchase underinsured coverage, which protects you and your family if the other motorist does not have enough liability insurance to pay for your injuries.
If you were injured in a car accident in South Carolina and intend to seek damages by filing a personal injury claim, you must file the claim within three years of the accident date. If the accident resulted in a tragic fatality, the statute of limitations for filing a wrongful death lawsuit is three years from the date of the victim’s death.
This may seem like a lot of time, but it is important that you file your claim as soon as possible so that you recover the financial compensation necessary to pay for medical bills, lost wages, pain and suffering, and other losses. It is also important to keep in mind that if you file your claim after the statute of limitations has expired, your claim will likely be denied, and you will be unable to recover any damages.
If you or a loved one was seriously injured in a car accident, it is highly recommended that you contact the Columbia car accident lawyers at Rogers, Patrick, Westbrook & Brickman LLC as soon as possible. We will thoroughly review the details of your case, help you navigate every step of the claims process, and pursue the maximum financial you deserve. To schedule a free, confidential consultation, call us today at 843-727-6500 or contact us online. Our Columbia office is located at 1513 Hampton St. 1st Floor, and we proudly serve the entire state of South Carolina.