Passenger car drivers who fail to pay attention and drive carefully can endanger the life of a motorcyclist in a matter of seconds. If the negligent driver of a passenger car caused your accident and the resulting injuries, South Carolina law allows you to hold them financially responsible. This is possible by collecting evidence to prove their negligence, then filing an insurance claim or a personal injury lawsuit.
At George Sink, P.A. Injury Lawyers, our personal injury team understands the complexities that make proving a motorcycle accident case and recovering compensation complicated. We can review your case, and help you navigate the process to get the money you deserve.
Call us today at 843-628-0100 for a free case evaluation after a motorcycle accident lawyer in Charleston, SC.
Recoverable Damages After Winning a Charleston Motorcycle Case
There is no way to determine the worth of your case until we conduct a full investigation and understand the value and range of your damages. However, we can help you understand the types of damages you may be able to recover if we can win your case.
Some of the most common types of damages we collect for Charleston motorcycle accident victims include:
All your medical expenses, as well as any ongoing care costs, should be recoverable in a successful insurance claim or personal injury lawsuit. This may include:
- Surgery and other treatment costs
- Ambulance transportation
- Emergency department treatment
- Clinical tests and medical imaging
- Inpatient rehabilitation
- Physical, occupational, and other therapies
- Future care needs
- Home health care costs
- Costs associated with mobility aids or other equipment
Other Economic Losses
We can also often recover almost any other accident-related expense for our clients. This may include:
- Lost wages
- Diminished earning capacity
- Repair or replacement of your motorcycle
- Replacement cost of your helmet, cell phone, and other damaged property
- Out of pocket costs related to the accident or your treatment
In addition to your economic damages, we will fight for the noneconomic losses you suffered. This primarily consists of your emotional damages, such as:
- Physical pain
- Emotional suffering
- Mental anguish
- Other emotional damages
Wrongful Death Damages
If you lost a loved one in a Charleston, SC, motorcycle accident, South Carolina law allows us to help you pursue additional compensation to pay for your economic and noneconomic losses related to the wrongful death. This may include:
- Funeral and burial costs
- Loss of household support
- Mental anguish
- Other emotional damages
Proving Liability in a South Carolina Motorcycle Accident Case
We fully investigate every motorcycle accident case we handle. To recover the full compensation you need and deserve, we must collect evidence to build a strong case that demonstrates the driver of the passenger car acted negligently. Often, we can uncover proof the passenger car driver was:
- Tired, fatigued, or asleep at the wheel
- Drunk or under the influence of drugs
- Otherwise acting in a reckless manner
To prove any of these conditions, though, we need to survey the scene of the accident, analyze all possible evidence, and sometimes work closely with accident reconstruction specialists. This allows us to show the insurance company, or the judge and jury:
- Who caused your Charleston motorcycle accident
- How their negligent actions led to your crash
- The full value of your economic and noneconomic damages
Only once we can demonstrate their liability and understand a fair settlement value for your case can we take action to try to get all the money you deserve.
Filing an Insurance Claim to Recover Compensation After a Charleston Motorcycle Crash
South Carolina operates a tort-based auto insurance scheme, meaning the at-fault passenger car driver is responsible for paying for the damages of the victims of the accidents they cause. It is these auto insurance laws that allow us to recover compensation for you after a Charleston motorcycle crash.
Under these laws, everybody who registers a car in the state must carry at least a minimum amount of liability insurance. This includes:
- $25,000 per person for bodily injury
- $50,000 for everyone injured in the crash
- $25,000 for all property damaged in the accident
It is this policy that supplies your recovery money from your insurance claim. To recover a payout based on this policy, we send the insurer a demand letter that outlines our case against their policyholder and details your full range of losses. This letter leaves the insurance company with three options:
- They can deny our claim.
- They can agree to pay our claim.
- They can give us a counter-offer based on how much they believe our case is worth.
The third option is the most common, and this action usually launches a series of aggressive settlement negotiations. We will keep a fair settlement value based on your actual losses and expenses in mind throughout this process and will not settle for less than you deserve.
If we cannot reach a fair settlement agreement during this process, or if they deny your claim outright, we can still file a personal injury lawsuit to recover the compensation you need to pay your bills and cover your losses.
Filing a Personal Injury Lawsuit After a Charleston Motorcycle Accident
In some cases, the only way we can try to get the compensation you deserve is by filing a personal injury lawsuit and taking the negligent party to court. If we need to do this in your case, we will walk with you through the entire process. We will explain what you can expect and represent you.
We will present the case we built, and ask the court to award you a fair payout based on our documentation of your expenses and losses. It takes a lot of time and effort, but it usually pays off.
Talk to a Motorcycle Accident Lawyer in Charleston, SC
If you suffered injuries in a Charleston, SC motorcycle crash, the personal injury team from George Sink, P.A. Injury Lawyers can help you understand your rights and explain your options for compensation. We can file an insurance claim or personal injury lawsuit against the at-fault passenger vehicle driver who caused your accident and try to hold them accountable.
Call our office today at 843-628-0100 for your free case review with a motorcycle accident lawyer in Charleston, SC.