Many car accident victims find it confusing to understand whether South Carolina is a no-fault state and how this can impact the outcome of a civil claim. A clear understanding is necessary to pursue justice for your multiple damages.
Fault is at the core of car accident cases. A South Carolina car accident lawyer uses their skills and experience to determine if the fault in your accident results in liability. Using their findings, a lawyer can help you pursue compensation for your unfair and costly damages.
Understanding the difference between at-fault and no-fault states is vital for pursuing compensation. If you are unsure how to proceed with your case, you may want to contact a car accident lawyer today.
South Carolina is an at-fault state for car accidents. Victims with less than 50 percent fault can fight to recover damages. This policy makes it an at-fault state with modified comparative negligence.
State law allows victims to pursue damages from the responsible party’s insurance company. Simply put, the driver at fault for your car accident was negligent and, therefore, is liable for your damages. Proving fault, however, involves more than finger-pointing. Accident victims must prove the negligence and resulting damages to pursue a personal injury claim or lawsuit.
The responding police officer typically determines fault in a South Carolina car accident. They evaluate the scene, interview witnesses, and consider other factors. A final report typically takes time. While waiting for it, accident victims can consult a South Carolina car accident attorney about their crash.
Crash victims can help their case and their attorney by:
A proactive approach following your car accident is best for protecting your interests. However, time is not on your side due to South Carolina’s statute of limitations law. The statute of limitations deadline begins the moment an accident occurs. Accident victims generally have three years from that moment to file a personal injury lawsuit.
Any delay in determining fault can cost your case valuable time. Contacting an attorney as soon as possible helps victims prepare for a potential claim or lawsuit. Without preparation, critical evidence may be overlooked during a last-minute rush of your case.
Severe injuries make managing a complex case alone difficult, if not impossible. Medical appointments and procedures consume your time, energy, and thoughts. A South Carolina car accident attorney represents clients by managing the details of their claims or lawsuits. An attorney provides updates and compassionately treats accident victims as they aggressively fight for a fair settlement.
Dangerous drivers surround us daily as we travel South Carolina’s streets and highways. No amount of defensive driving can prevent others’ careless actions.
At-fault drivers who cause car accidents may be guilty of:
Once a driver loses control, you can do little to avoid a collision. A crash occurs in seconds but affects lives forever.
Compensation for car accident victims is financial payment for a their many types of damages. While each case is unique and specific to the accident cause and injuries, most cases include the following:
An attorney has experience negotiating with insurance companies for car accident victims. Once fault is determined, both sides negotiate for a settlement. Most car accident cases are settled through the negotiation process. Some cases proceed to trial, however. If an attorney decides this is the best choice for your case, they will keep you informed and prepared.
The outcome of your personal injury case is impossible to predict. Insurance companies have experience with the claims process, but accident victims do not. Accident victims suffer enough stress without the pressure of navigating civil law on their own. Allowing a highly skilled South Carolina attorney to handle your case can ease your mind following a traumatic crash.
We know South Carolina’s at-fault laws and how to apply them to each case we represent. Attorneys James Whalen and Eric Montalvo hold the at-fault party accountable for their client’s unexpected and unfair damages.
At Whalen Montalvo Attorneys at Law, our team carefully examines the evidence and negotiates with insurance companies for fair compensation. James and Eric have the trial skills and experience necessary should your case go before a judge and jury.
After an accident, medications and a lack of rest can make you vulnerable to accepting less than you deserve or to admitting some or all fault for the crash. Protect your best interests by securing help from a member of our team without delay.
A free consultation leaves you with nothing to lose and much to learn. A South Carolina car accident is a traumatic and life-changing event. You do not have to pursue what you need and deserve alone. Our attorneys work hard to secure the best possible outcome for your case.
Time is of the utmost importance. Call Whalen Montalvo Attorneys at Law at (864) 770-7710 to schedule your free consultation.
I grew up right here in Greenville, South Carolina. Following highschool, I attended Rhodes College in Memphis, Tennessee, where I was an NCAA Scholar-Athlete for the Rhodes Lynx soccer program.
I completed my law degree at University of South Carolina School of Law, where I was on the mock trial team and an editor for the Journal of Law and Education. Following graduation, I served as a judicial law clerk for Senior Judge Robert H. Hodges, Jr. on the Court of Federal Claims in Washington, D.C. My experience in D.C. trial courts solidified my desire to become a trial lawyer.
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Get the best legal representation possible. Give the Greenville, SC attorneys at Whalen Law a call today at (864) 770-7710 or use our online form.