You should already be looking for legal assistance if you were recently in a car accident caused by someone else. Joye, Nappier, Risher, & Hardin LLC and our Myrtle Beach car accident lawyers are here to end your search. We can assist you with virtually car accident claim, even if you were in a highly complicated case that involved multiple drivers or serious injuries.
On This Page:
- Common Injuries Sustained in Car Accidents
- Calculating Damages in Car Accidents
- Can I Sue for Emotional Distress After a Car Accident?
- What Happens If You're Partially At-Fault?
- What If the Other Driver Has No Insurance?
- South Carolina Statute of Limitations
- Why It's Worth Hiring a Lawyer
Common Car Accident Injuries
Car accident victims often suffer these catastrophic injuries and more:
- Brain injuries: The violent nature of a car accident can cause a driver to rattle inside the car, hitting their head on the window or dashboard. If the crash was intense enough, then this impact could cause a brain injury or TBI.
- Back injuries: A back injury after a car accident can start as a mild pain before gradually worsening into debilitating pain. Be sure to always see a medical provider about back pain after a wreck before it gets worse.
- Whiplash: In rear-end accidents, whiplash is among the most common injuries. It is a neck injury that is caused by the neck jerking back and forth suddenly. Whiplash can last for weeks, months, or even years in severe cases, causing pain all the while.
- Permanent disfigurement: Scarring and amputations cause permanent disfigurements. After the wound heals as much as it can, the consequences will always be present. The damages owed to the injured driver should reflect this permanency.
How Are Damages Calculated After a Car Accident?
"Damages" refer to the specific things you wish to pursue compensation for by filing a personal injury lawsuit. When it comes to car accident damages, you may be able to pursue compensation for any of the following:
- Medical treatment
- Pain and suffering
- Lost income from missed work
- Damaged property
- Wrongful death (in the event that you lose a loved one in a car accident)
Can I Sue for Emotional Distress After a Car Accident?
Yes, in most cases if you suffered PTSD or other emotional damages after your car accident, you will most likely be able to recover compensation for this as part of your pain and suffering compensation. If you believe that you have suffered some form of emotional distress as a result of your accident, you can discuss this with our lawyers during your free initial consultation.
What Happens if You Were Partially At Fault?
Many car accidents involve shared liability, which means both drivers involved were to blame for the crash to some degree. If this happens to you and you are found to be partially at fault for your car accident, then are you out of luck? No, in South Carolina, you can sue another driver even if you are at fault for your injuries. The catch is that you cannot be more than 50% liable. If you are, then the state’s comparative negligence law will bar you from getting any financial recovery from the defendant or defendants.
What Happens If the Persons Who Hit You Has No Insurance?
Getting hit by a driver with no insurance is frustrating. This circumstance unfolds all the time, though. By some estimates, around 12% of all drivers in the country do not have any insurance.
If you get hit by someone without insurance, then you can use your uninsured motorist (UM) insurance policy to seek damages. This policy is usually an additional premium service that you must add, though, so you might not have it if you did not specifically purchase it. Furthermore, your insurer can deny your UM claim, which means you might have to fight your insurance provider for compensation rather than an outside company.
South Carolina Statute of Limitations for Car Accidents
When it comes to filing a personal injury claim for your car accident, you don't have an unlimited length of time to file a claim. Rather, you must file your lawsuit within 3 years of the date of your accident, otherwise you may forfeit your right to pursue compensation. South Carolina's statute of limitations for personal injury must be kept in mind when determining whether or not you should speak to a lawyer about your case. If you wait too long to file a claim, witnesses may have a poorer memory of what they saw, video footage may be lost, and more. Don't wait! Contact our team of car accident lawyers today for help.
Why It’s Worth Getting a Lawyer for a Car Accident
Insurance defense teams love seeing a claim filed by an individual driver with no attorney representing them. Why? Because it allows them to use every tactic that they can manage without fear of being caught doing something unsavory, like intentionally lowballing the amount of money owed to the claimant.
By hiring one of our car accident attorneys in Myrtle Beach, you can pursue your claim without fear of the insurance company treading all over it. You can also enjoy the benefit of not having to research legalities on your own. When we act as your lawyers, all of our insight and experience become your own!
Want to talk with our team of car accident lawyers in Myrtle Beach about your crash? Use an online contact form now.
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