Rollover accidents have a high risk of causing severe or fatal injuries. According to Consumer Reports, rollover accidents are responsible for about 30% of all passenger vehicle crash fatalities, even though only about 3% of all serious crashes are rollovers. Many people who survive these collisions face a lifetime of impairment from catastrophic injuries.
You do not have to deal with the insurance adjuster or file a lawsuit for damages on your own while also trying to recuperate from your injuries or deal with the loss of a loved one. A Charleston rollover accident attorney at George Sink, P.A. Injury Lawyers may be able to take care of your legal matters so that you can focus on rebuilding your life.
We do not charge upfront legal fees to help people in this situation. We handle rollover accidents on a contingency-fee basis. That means that our fees come out of the settlement proceeds or award at the end of the case. Get compassionate, attentive, and aggressive representation today. The initial consultation is free, and there is no obligation.
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Proving Liability in Rollover Accidents
We cannot simply file a lawsuit against all the other drivers involved in the crash. We have to prove all four of these elements to hold someone legally responsible for your losses from a Charleston rollover accident:
- Duty of care: The defendant must have owed you a legal duty of care. It is simple to satisfy this factor in a car accident because everyone who operates a motor vehicle on a public street has an obligation to drive with caution and obey the law.
- Breach of duty: When someone fails to measure up to the duty of care, their conduct is negligent. For example, perhaps the defendant had a blood alcohol level that exceeded the state limit. Driving while impaired by alcohol violates the law and breaches the duty of care.
- Causation: That careless conduct must be the thing that caused the accident. In this scenario, perhaps the defendant’s intoxication caused them to make poor judgments at the wheel, including driving at an excessive speed in downtown Charleston and running through a red light. They struck another vehicle, causing that car to flip over two times. The driver’s negligence was the cause of the rollover accident.
- Measurable losses: In most car accident cases, people lucky enough to escape uninjured usually do not have a claim for compensation. The law requires quantifiable damages in personal injury claims. Physical injuries satisfy this factor. A person who got injured in the accident with the drunk driver will likely be eligible for financial compensation.
Once we establish all four factors of liability, we can pursue the at-fault driver for money damages. You do not have to learn the law to go after justice. A rollover accident lawyer in Charleston at George Sink, P.A. Injury Lawyers could help you hold the careless person accountable for hurting you or taking the life of your loved one.
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What Damages Can I Recover in a Rollover Accident?
We cannot say how much money you might get for your losses in a rollover accident without first talking to you and investigating your situation. Every accident is unique. Another person in the same crash might have much higher or lower damages than you. The amount of compensation you can pursue will depend on the facts of your case.
Here are a few examples of the kinds of money damages we have won for our clients:
- Medical bills: Generally, you can recover the reasonable cost of the treatment you needed for your injuries. This category can include things like the ambulance, emergency room, surgery, doctors, prescription drugs, blood transfusions, laboratory tests, physical therapy, and hospital fees.
- Equipment: If your injuries require you to obtain equipment, like a wheelchair or adapted vehicle, we can add those items to your claim. Also, home modifications like a wheelchair ramp can be compensable.
- Lost income: Significant injuries usually result in a person being unable to work for a while. If you missed paychecks during this time, this is a compensable loss. This category could include lost wages, salary, self-employment, and other forms of regular income.
- Diminished earning capacity: If you have to take a lower-paying job or work fewer hours because of ongoing impairment from your injuries, you have suffered a financial loss.
- Long-term care: After a devastating injury, the victim might not be able to live independently. They might need daily assistance with medical treatments and personal care.
- Pain and suffering: This type of damage refers to the physical discomfort and emotional distress of the accident, your injuries, and their lasting effect on your life.
- Other intangible losses: Although they do not come with documentation like receipts, valid losses can include things like disfigurement, post-traumatic stress disorder (PTSD), and loss of enjoyment of life.
- Wrongful death: If your close relative died because of a Charleston rollover accident, we might be able to pursue additional compensation for their legal beneficiaries.
Depending on your circumstances, you might have additional losses that could be compensable.
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How a Charleston Rollover Accident Lawyer May Be Able to Help With Your Claim
A Charleston rollover accident lawyer may be able to investigate your situation and build a case that supports your claim for compensation for your losses. We also may be able to help you avoid the pitfalls that can accompany personal injury cases, such as:
- Accepting lowball offers that insurance adjusters often use with people who try to handle their claims without an attorney.
- Settling a claim before completing medical treatment. A person might need additional medical intervention, like surgery. If they already settled their claim, the insurance company will not pay the additional medical bills.
- Posting on social media. The insurance company may access your social media accounts and use your postings and photographs against you. For example, they might say that a picture of you smiling and playing with your children at a happy family event is evidence that you are exaggerating your pain.
At George Sink, P.A. Injury Lawyers, we can guide you through the claims process and protect you from these and many other problems. Please call us today or fill out our online contact form to get started.
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