If you were injured in a car crash that wasn’t your fault, you shouldn’t have to pay for medical bills, rehabilitation costs, or other expenses brought on by the wreck. An Orangeburg personal injury lawyer can deal with the other side’s insurance company and help you recover damages.
The lawyers at McWhirter, Bellinger & Associates have over 200 years of combined legal experience. If you were injured in a crash caused by a negligent driver, an Orangeburg car accident lawyer can help you build the strongest case possible and obtain a fair settlement.
The Role of a Car Accident Lawyer in Orangeburg
The aftermath of a serious car accident can be overwhelming.
A car accident lawyer in Orangeburg from McWhirter, Bellinger & Associates can:
- Conduct an investigation to determine the cause of your accident
- Collect evidence from the accident scene
- Call in accident reconstruction experts (if needed)
- Consult doctors and other experts about your injuries
- Calculate the value of your lost wages, property damage, and anticipated future medical bills
- Negotiate with the other side’s insurance company and demand fair compensation
- Take your case to trial and represent you in court (if needed)
- Answer all of your questions and communicate with you every step of the way
What Types of Damages Can You Recover?
Every car accident claim is different.
You may be able to recover compensation for:
- Medical expenses: If your injuries require treatment, you can pursue compensation for emergency care, hospital stays, surgeries, doctor visits, physical therapy, prescription medications, medical equipment, and anticipated future medical bills.
- Lost wages: If your injuries keep you from working, you can seek compensation for the income you lose while recovering from the crash.
- Reduced earning capacity: If your injuries permanently affect your ability to earn a living, you can pursue damages for the difference between your previous earning potential and your future earning capacity.
- Property damage: If your vehicle or other personal property was damaged in the collision, you can recover the cost of repairs or replacement.
- Pain and suffering: If the accident caused physical pain or ongoing discomfort, you can seek compensation for the impact your injuries have had on your daily life.
- Mental anguish: If you experience anxiety, depression, emotional distress, or other psychological issues after the crash, you can pursue additional damages.
- Loss of enjoyment of life: If your injuries prevent you from participating in hobbies, recreational activities, or everyday experiences you once enjoyed, you can seek compensation for diminished quality of life.
- Permanent disability or disfigurement: If the accident results in lasting impairments, paralysis, amputations, or significant scarring, you can pursue additional compensation.
- Wrongful death damages: If you lost a loved one in a fatal car accident, you can seek compensation for funeral expenses, financial losses, and other related damages.
- Punitive damages: If the at-fault party engaged in especially reckless or intentional misconduct, you can potentially recover punitive damages.
How Long Do You Have to File a Car Accident Claim in SC?
Under S.C. Code § 15-3-530, you typically have three years from the date of an automobile accident to file a personal injury lawsuit in South Carolina. The same deadline applies to wrongful death lawsuits. If you don’t file within this window, you will likely forfeit the right to recover damages.
Different filing deadlines may apply in certain situations, such as if your claim involves minors or a government entity. This is why it’s important to speak to a car accident attorney in Orangeburg immediately after a crash.
How Is Liability Determined?
To prove who is at fault for your car crash, you must show that another party failed to exercise reasonable care and that this failure caused the accident.
Useful types of evidence may include:
- Police accident reports
- Photographs of the accident scene or vehicle damage
- Surveillance or traffic camera footage
- Witness statements
- Medical records
- Cell phone records (when distracted driving is suspected)
- Expert accident reconstruction analysis
South Carolina follows a modified comparative negligence rule, which means you cannot recover compensation if you are found to be more than 50% at fault for the accident. If you are 50% or less at fault, you can still recover damages, but your compensation will be reduced by your percentage of fault.
Common Causes of Car Accidents in Orangeburg
Many auto accidents occur because drivers make preventable mistakes behind the wheel.
Common causes of South Carolina auto collisions include:
- Distracted driving
- Speeding
- Drunk or drug-impaired driving
- Following too closely
- Running red lights or stop signs
- Failure to yield the right-of-way
- Unsafe lane changes
- Fatigued driving
- Aggressive driving and road rage
- Poor weather conditions
- Defective vehicle components
- Inadequate vehicle maintenance
Common Injuries in Auto Accidents
Motor vehicle accidents can cause life-changing harm.
Some of the most frequently reported injuries include:
- Whiplash
- Neck injuries
- Back injuries
- Herniated discs
- Broken bones
- Soft tissue injuries
- Concussions
- Traumatic brain injuries
- Spinal cord injuries
- Organ damage
- Internal bleeding
- Burns
- Facial injuries
- Eye injuries
- Knee injuries
- Shoulder injuries
- Emotional trauma
Steps to Take After a Car Accident in Orangeburg
The actions you take after a motor vehicle accident can affect both your health and your ability to pursue compensation.
You should:
- Contact law enforcement: A police report will provide important information about how the collision occurred.
- Exchange information: Obtain the other driver’s name, contact information, insurance details, driver’s license number, and vehicle information.
- Document the accident scene: If you are able, take photographs of the vehicles, roadway conditions, traffic signs, skid marks, debris, and any visible injuries.
- Speak with witnesses: If anyone saw the accident, ask for their names and contact information before they leave.
- Seek medical attention: Even if you feel relatively fine, see a doctor to rule out internal injuries and document your condition for your personal injury claim.
- Notify your insurance company: Report the accident promptly, but avoid speculating about fault or providing a recorded statement.
- Keep records: Save all medical bills, repair estimates, receipts, correspondence with insurance companies, and documentation of any work you miss because of your injuries.
- Seek legal representation: Our South Carolina personal injury lawyers can help collect important evidence, communicate with insurance companies, evaluate settlement offers, and pursue the full compensation available to you.
Speak to a Car Accident Attorney in Orangeburg
Recovering from a car crash can take weeks or even months. If you were hurt in an accident that wasn’t your fault, an Orangeburg car accident attorney from McWhirter, Bellinger & Associates can help you build a strong claim and obtain compensation.
Book a free consultation to find out how you can pursue justice.
