Road crashes account for the death and injury of millions of people throughout the US every year, with about 3,700 people losing their lives daily due to vehicular collisions. Most of these crashes occur due to the negligence of a driver or road user. In such cases, victims may be able to recover compensation for their losses and injury from the negligent party.
Car accident cases involve many laws and can be overwhelming to handle alone. You need a skilled Clinton car accident lawyer in your corner. At Ayers Smithdeal & Bettis, we offer legal counsel and representation to individuals with car accident claims in South Carolina. If you or a loved one has been injured in a car accident, you may have a valid case.
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Car Accident Statistics in South Carolina
In South Carolina, there is a traffic collision every 3.7 minutes, a fatal collision every 9.4 hours, an injury collision every 13.6 minutes, and a property damage collision every 5.2 minutes. Further, one person is killed every 8.7 hours, and one person injured every 9 minutes due to a car crash.
In 2019, there were 141,096 traffic collisions recorded on South Carolina roads. Of these, 927 were fatal crashes that resulted in 1006 deaths. Car crashes recorded as serious injury collisions totaled 2,629 in which 3,237 individuals were seriously injured.
Laurens County, where Clinton is located, saw 1,411 traffic collisions in 2019. Out of these, 20 were fatal crashes and 49 were serious injury crashes. That year, 23 people were killed and 61 seriously injured in car crashes.
How Much Does a Clinton Car Accident Lawyer Cost?
Our Clinton car accident lawyers at Ayers Smithdeal & Bettis operate on a contingency fee basis, meaning that you don’t pay a dime until we win your case and you’re awarded compensation. After the award is made, a portion of it is used for the lawyer fees. Get in touch with us and find out the percentage that goes into lawyer fees, and any other costs that may accrue.
What Should I Do After a Car Accident?
Taking the right steps after a car accident often has a great positive impact on your claim. Generally, it is important that you do the following after a car accident:
· Contact police to inspect the scene and write an accident report.
· Check on other involved parties to determine whether any of them needs urgent medical help.
· Exchange information, including contact and insurance details, with the involved parties and any witnesses at the scene.
· Record the scene by taking photos or videos, clearly showing your injuries and vehicle damage.
· Never admit fault as you may lose your right to seek compensation.
· Seek medical attention and be sure to get and keep the doctor’s report.
· Call a Clinton car accident lawyer to begin your process of filing your claim as early as possible.
What Is the Average Settlement for a Car Accident?
Car accident cases vary widely, and there is no true average amount of payout in a car accident claim. Some cases may settle for a few thousand dollars, others for millions. The value of each car accident claim is dependent on various factors, including the defendant’s extent of liability, the amount of harm suffered by the plaintiff, and the severity of their injuries.
Partial fault in a car accident also determines how much you can receive in your claim. South Carolina’s modified comparative negligence doctrine requires that the plaintiff’s compensation be reduced by the percentage for which they are at fault.
When Should I Get a Clinton Car Accident Lawyer for My Auto Accident?
If you’re been involved in a fender bender, you may not need a lawyer as such cases can be sorted out by the insurance companies of both parties with minimal dispute. However, it is advisable that you get a Clinton car accident lawyer as soon as possible if you’ve been in a car accident that resulted in significant injuries and vehicle damage.
Why Do I Need a Clinton Car Accident Lawyer?
While the benefits of hiring a Clinton car accident lawyer may be overlooked, a competent and experienced attorney can help you with the following:
An attorney will help you file a lawsuit against the at-fault party and collect enough evidence to prove that they are negligent and responsible for the accident.
Your lawyer may also negotiate with the at-fault party’s insurance company for a reasonable payout without necessarily taking your case to court.
Trial Preparation & Representation
Where an insurance company fails to offer a reasonable compensatory award, your Clinton car accident lawyer will take your case to court, present the facts of the case before a judge, and convince them that the other party was negligent and that you deserve compensation for your injuries and losses.
What Type of Damages Can I Recover?
The three types of damages that plaintiff can recover in car accident cases are:
These are awarded to cover actual financial losses suffered by the plaintiff. They include:
· Medical costs
· Lost wages
· Loss of earning capacity
· Out-of-pocket costs
· Occupational therapy costs
These are awarded to cover losses whose value is incalculable or difficult to quantify. Some of these include:
· Emotional and mental anguish
· Loss of enjoyment of life
· Permanent disability
Punitive damages may also be awarded in cases in which a judge finds the actions of the defendant to be wanton misconduct, and are meant to punish them for their negligence.
How Is Fault Determined?
To determine fault in any car accident case, the following elements of negligence have to be proven:
· Duty of care: The plaintiff must prove that the defendant owed them a legal duty of care.
· Breach of duty of care: The plaintiff failed to act reasonably, hence violated their duty of care.
· Causation: You must show that your losses or injuries were caused by the accident resulting from the defendant’s negligence, and nothing else.
· Damages: You must also prove that you indeed suffered injuries or losses as a result of the accident.
How Long Do I Have to File a Claim?
In South Carolina, plaintiffs are required to bring a claim against the defendant no later than 3 years from the date of injury or accident. Filing your claim after this time limit means that you may lose your right to pursue compensation.
How Can a Lawyer Help me File My Insurance Claim?
Whenever a policyholder files a claim with their insurance company, they expect that they will honor the validity of their claim and process compensation. However, this is not always the case and you may need a Clinton car accident lawyer when filing your insurance claim to help you with the following:
After requesting a copy of your insurance policy from your insurance company or broker, your Clinton car accident lawyer will get in touch with your insurance company to find out the status of your claim. This will help your lawyer understand the basis of your claim, and evaluate whether there are grounds for investigation and legal action.
A Clinton car accident lawyer will also look into the details of your policy and the accident that made you file the claim. This way, your lawyer gathers the evidence needed to support legal action.
A Clinton car accident lawyer will also help you file suit against the insurer and ensure that you receive a reasonable payout through negotiations.
What Can I Do if Insurance Denied My Claim?
Your insurance company or the at-fault party’s insurer may cite various reasons for denying your claim. If you feel that your claim was wrongly denied, you can make an appeal and try mediation with the insurance company. If the results of the appeal are unsatisfactory, reach out to a Clinton car accident lawyer who will help you take your claim to the state’s Department of Insurance.
What If the Other Driver Doesn’t Have Insurance?
Your uninsured motorist coverage is your best bet of covering your losses if you’ve been in an accident with a driver who doesn’t have insurance. In most cases, filing a lawsuit against an uninsured driver may not help as you may not be able to recover compensation for your losses.
How Can I Obtain an Accident Report?
Calling 911 after a car accident is the best way to inform the police about the car accident. On arrival, they will inspect the scene and write an accident report. If the police don’t show up at the scene, it is important that you report the accident to the nearest police department, especially if the accident involves significant vehicle damage and injuries.
After reporting, you can request a copy of the accident report from that police department.
Common Car Accident Injuries
Some common injuries that result from car accidents include:
· Brain injuries
· Back injuries
· Neck injuries
· Head injuries
· Internal injuries
· Facial disfigurement
· Leg & knee injuries
· Spinal cord injuries
· Death, where victims suffer fatal injuries.
Types of Car Accidents We Handle
At Ayers Smithdeal & Bettis, our Clinton car accident lawyers offer legal advice and representation to individuals with any of the following types of car accident cases:
· DUI accidents
· Distracted driving
· Head-on collisions
· Hit & run accidents
· Rear-end accidents
· Reckless driving
· Rideshare accidents
· Rollover accidents
· Speeding accidents
· Uninsured motorist claims
Contact Our Clinton Car Accident Lawyers Today
Car accidents are common on US highways and often result in serious injuries and vehicle damage. Most of these are caused by the negligence of another driver or road user, and injured parties may have a right to pursue compensation from the at-fault party.
Getting an experienced car accident attorney can help you avoid common pitfalls in car accident cases, such as falling for lowball offers from insurance companies and missing the deadline for filing your claim. At Ayers Smithdeal & Bettis, our team of Clinton car accident lawyers can help gather the details of your case and come up with a strong case to ensure you receive maximum compensation for your losses and injury.
If you or a loved one has been injured in a Clinton car accident, don’t hesitate to seek legal help. Call a Clinton car accident lawyer today at [today] to schedule a free consultation and find out the validity of your claim.