Auto accidents can have serious consequences, affecting victims physically, emotionally, and financially. At the J.R. Battle Law Firm, we are committed to assisting individuals who have been injured in auto accidents throughout South Carolina. We understand the complexities of these cases and are dedicated to fighting for the rights of our clients. We handle car accident cases on a contingency fee basis. You pay no attorney’s fees unless we recover compensation for you.
South Carolina follows a modified comparative negligence rule when determining compensation after a car accident. This means even if you were partially responsible for an accident, you can still seek damages, as long as you are not more than 50% responsible. How is that determined? Fault is initially evaluated by insurance companies. Insurance companies may dispute liability, which is why working with a car accident lawyer to ensure a thorough investigation is conducted is important. If a case proceeds to trial, a jury will determine each party’s percentage of fault.
How does the 51% rule work in practice? Your compensation is reduced by your percentage of fault. Let’s say you were 20% at fault and your total damages equal $100,000, your recovery would be reduced by 20%, allowing you to collect $80,000. If you are found to be 51% or more at fault, you are barred from recovering compensation.
In South Carolina, you have 3 years from the date of your accident to file a personal injury lawsuit. While this seems like plenty of time, a delay in filing can be detrimental to your case. This is because evidence can be easily lost in a car accident case – access to eyewitnesses, security tapes from nearby business, etc, can all be erased or inaccessible after a period of time. This is why it’s important to focus on the next steps after an accident as soon as you can, despite the statute of limitations.
Filing a claim with your insurance is different from a lawsuit and it does not extend the 3 year deadline for filing a lawsuit in court. Filing a car accident claim with your car insurance will be your first step in the compensation process and a lawyer will help determine the best course of action after your insurance claim is filed.
Most auto accident claims will be dealt with by insurance companies so understanding your policy is important. South Carolina car insurance minimums are designed to ensure drivers can cover basic damages if they cause an accident. However, serious crashes can quickly exceed these limits. An experienced attorney can evaluate available coverage, identify all applicable policies, and pursue every available source of compensation.
South Carolina law requires every auto policy to include liability coverage of: $25,000 bodily injury per person, $50,000 bodily injury per accident, and $25,000 property damage.
South Carolina requires all auto insurance policies to include uninsured motorist (UM) coverage. This is to protect you if the at-fault driver for the accident does not have liability car insurance. But even though you will be dealing with your own insurance company for a UM claim, it can still be challenging. Insurance companies may dispute liability. Having legal representation can help ensure your insurer honors the coverage you have paid for.
If you were injured in a car accident, your car accident attorney may seek compensation for your injuries including:
It is important to seek medical treatment after a car accident as soon as possible for your own health benefit and to ensure you have all the necessary health records for your insurance claim or lawsuit.
If you cannot work due to injuries from your car accident, you may seek compensation for lost income. If your injuries prevent you from working in the same capacity or position as before the accident, damages may also include loss of future earnings.
Compensation can include damage to your vehicle, including the cost of repairing or replacing, and personal property damaged in the crash.
If a loved one was killed in a car accident, surviving family members can seek damages for funeral expenses, loss of financial support, and loss of companionship.
Many accidents result from negligent actions such as speeding, reckless driving, distracted driving (e.g., texting while driving), and failure to obey traffic laws.
Driving under the influence of alcohol or drugs is a leading cause of accidents. These incidents often result in severe injuries or fatalities.
Collisions involving commercial trucks, buses, or other large vehicles can cause catastrophic injuries due to their size and weight.
Accidents at intersections, including T-bone collisions and rear-end accidents, are common and can lead to significant injuries.
When a driver flees the scene of an accident, it complicates matters for victims seeking compensation. We can help identify responsible parties and pursue claims even in hit-and-run cases.
We conduct detailed investigations into auto accidents, gathering evidence such as police reports, witness statements, accident reconstruction, and medical records.
Our team works with experts in accident reconstruction, medical professionals, and economists to assess the full extent of our clients’ injuries and losses.
We handle negotiations with insurance companies on behalf of our clients, aiming to secure fair settlements that cover medical expenses, lost wages, property damage, and pain and suffering.
If necessary, we are prepared to take cases to court to pursue maximum compensation for our clients. We are experienced trial attorneys ready to advocate for your rights in the courtroom.
If you’ve been injured due to someone else’s negligence, don’t hesitate to seek legal representation. Contact the J.R. Battle Law Firm for a confidential consultation to discuss your case and explore your legal options.