First, if you're not sure how to proceed or if you think you might want to work with a lawyer on your South Carolina car accident claim, start by contacting a knowledgeable and experienced attorney.
George Sink Injury Lawyers offers free consultations and you will finish your conversation with our personal injury team with a better understanding of your rights and options.
But, as a general rule, here are the ingredients for a successful legal case in a South Carolina auto, motorcycle, truck or any other kind of accident.
1. Negligence and causation
A lot of attorneys and law enforcement refrain from calling auto collisions "accidents." The truth is that most crashes result from the at-fault driver's negligence. The word accident minimizes that and makes it seem like it could have happened to anyone. But most of the time, it happens when a driver neglects his or her obligation to drive safely and pay attention.
If the other driver's carelessness caused your crash and we can help you prove it, that's the first ingredient in a successful legal case.
If you were in a crash, but suffered no injuries or significant loss, there's no reason to file a lawsuit. The point of pursuing legal action in a South Carolina car accident case is to recover your losses. Damages can include your current and continuing medical expenses resulting from the accident along with lost wages from missed work, pain and suffering and occasionally punitive damages in extreme circumstances, such as drunk driving cases.
3. Viable financial benefit
Usually, in order for your case to be worth pursuing, someone on the other end of it has to be capable of paying. Normally, drivers are insured and the insurance companies will pay the claim. In the event you were injured by an uninsured driver, you could still have a case if that driver has significant financial assets, if the driver was on the job when he or she ran into you, or if you carry UM/UIM (uninsured/underinsured motorist) coverage on your own automobile policy. There may some other circumstances where you can seek financial compensation for a wreck caused by an uninsured driver, so speak with an experienced South Carolina lawyer to see what applies in your unique situation.
There are a lot of other elements that make a case stronger. But these are the primary ingredients you must have in order to succeed with a legal case.