Car accidents can be traumatic and result in serious injuries. If you have been hurt, you can file a claim against any negligent party that caused your crash. The first thing to do after any accident is to seek medical attention for your injuries so they do not become worse. After receiving medical treatment, it is essential to call a Mount Pleasant car accident attorney who can provide the legal advice you need.
Our Mount Pleasant Car Accident Lawyer Can Help with Common Car Accident Injuries
The injuries following a car crash range from very minor to catastrophic. Regardless of the severity of your injuries, you may deserve compensation for them if someone else was at fault for your crash.
The most common types of injuries suffered in car accidents are as follows:
- Traumatic brain injuries: Traumatic brain injuries (TBIs) are caused by a direct blow to the head or sharp objects that penetrate the skull and brain. There are no minor TBIs, and even a concussion, which many people think is mild, can cause months and even years of discomfort and pain. A TBI can cause cognitive issues, long-term disability, and even death.
- Spinal cord injuries: The force of a car accident and impact on the body can cause the spinal cord to become damaged. Slipped and ruptured discs and broken vertebrae are some of the most common spinal cord injuries after a car accident. One of the most catastrophic spinal cord injuries is paralysis, which not only permanently limits an accident victim’s mobility but can also cost hundreds of thousands of dollars in medical expenses, lost income, and more.
- Burns: Burns are not only one of the most common types of injuries after a crash, but they are also some of the most painful. They also require invasive medical treatments, such as skin grafts and multiple surgeries. Burn victims also sometimes do not make a full recovery and are left with permanent disfigurement and scarring.
- Internal injuries: The force of a car crash can damage the internal organs, causing them to become crushed or perforated. Even when organs are left intact, internal bleeding is another common injury after a car accident. Damaged organs and internal bleeding are often fatal.
- Broken bones: Broken arms, legs, ribs, wrists, and ankles are all very common car accident injuries. These injuries range from minor breaks that do not require anything more than a cast to severe broken bones that require multiple surgeries to correct.
- Amputations: Amputation injuries occur when an arm, leg, foot, hand, toe, or finger becomes detached from the body during a crash. These catastrophic injuries can happen accidentally at the scene, or an appendage may sustain such serious damage that a surgical amputation is required after the crash.
- Whiplash: Whiplash is particularly common after rear-end accidents. Whiplash occurs when the neck snaps back and forth violently, damaging the delicate tissue inside the neck. Whiplash significantly limits an accident victim’s mobility and can take several months to recover from.
- Psychological injuries: Not all injuries caused by car accidents are physical. A crash is a traumatic event and can cause serious psychological issues. Anxiety, depression, and post-traumatic stress disorder are some of the most common psychological injuries after a car accident.
The above are just a few of the most common types of injuries after a car accident. It is important to speak to an attorney who can help you understand the severity of your injuries so you can claim full compensation for them.
Our Mt. Pleasant Car Accident Lawyer Can Help You Through the Process
If you have been hurt by someone else’s negligence on the road, the first step in the claims process is to file a claim with their insurance company. Our attorneys can assist you in opening a claim with the at-fault driver’s insurance company so that you don’t do or say anything in the claims process to jeopardize your case..
In the days and maybe even hours after filing a claim, an adjuster representing the insurance company may contact you. They may appear as though they are there to help and may even tell you they only want to do what is right. Insurance adjusters are not friendly, though, and your safety and well-being are not their priority. Instead, they prioritize settling your case for the lowest possible amount. They may ask you to sign a lowball settlement offer and will take your words out of context to use them against you.
To ensure you are treated fairly, it is critical that you speak with an attorney after any car accident.
An attorney will know the effective negotiation tactics that can help you obtain the full compensation that will cover the cost of your injuries. An attorney can also value your claim and account for all of your losses, so you do not have to pay for your losses out of your own pocket. A lawyer will also prevent the insurance company from using tactics intended to reduce the value of your claim.
If the insurance company refuses to offer a fair settlement, your lawyer can then help you prepare for trial. While the vast majority of car accident cases settle outside of the courtroom, there are times when going to trial is the only way to ensure your rights are upheld and that you receive the full compensation you deserve. Although you should always work with an attorney from the beginning of your case, it becomes even more important if your case goes to trial.
Our Mt. Pleasant Car Accident Attorney Will File Your Claim On Time
Like all other personal injury cases, car accident claims are governed by a statute of limitations, or a time limit. Under SC Code § 15-3-20, the majority of car accident victims have just three years to file their claim. This deadline is even shorter in certain circumstances. If this time limit expires before you file, you can lose your right to claim any compensation at all. While there are some exceptions to the law, these are limited. They include:
- Minor children: Minors under the age of 18 are not considered to have the mental capacity to take legal action, including suing after a car accident. When a minor is involved in a crash, the statute of limitations expires one year after their 18th birthday. However, a parent is capable of bringing a claim on their child’s behalf prior to the child reaching the age of majority. A lawyer can help a parent get the necessary court approvals to confer settlement authority to a parent.
- The discovery rule: It is rare that the discovery rule applies in car accident cases. The discovery rule dictates that when an accident victim does not discover their injuries right away, the statute of limitations does not begin until the victim discovers, or should have reasonably discovered, their injuries.
- Absent defendant: If the defendant, or the person who caused the crash, leaves South Carolina for a period of at least one year, this amount of time may not count towards the statute of limitations.
- Government entities: Claims against government entities usually have a shorter statute of limitations so it is important to contact an attorney right away if your crash involves a government entity.
What is Comparative Negligence in Car Accident Claims?
The law in South Carolina recognizes that there are times when more than one party contributed to an accident. Under SC Code § 15-38-10, accident victims can still claim compensation if they are 50 percent or less at fault for a crash. This is known as the comparative fault law.
While injured individuals can still claim compensation if they are 50 percent or less at fault, any compensation they receive will be reduced by the same percentage of fault. For example, a car accident victim may suffer $100,000 in damages. If they are found to be 20 percent at fault for an accident, they will only receive $80,000 in damages.
Defendants will often use the comparative fault law to reduce the total damages they are liable for paying, even when the injured individual did not contribute to the crash. This is just one reason it is so imperative to speak to a lawyer after any accident.
Areas Our Mt. Pleasant Car Accident Attorney Serves
Our Mt. Pleasant car accident attorney has the necessary experience to help accident victims throughout the city. If you live in the following ZIP codes, our knowledgeable attorney can help:
- 29429
- 29451
- 29464
- 29466
- 29482
In addition to Mt. Pleasant, we also help car accident victims in Charleston and throughout South Carolina. If you or someone you love has been hurt in any of these areas, it is essential that you speak to an attorney who can review the facts of your case and help you obtain the full damages you deserve.
Our Mount Pleasant Car Accident Lawyer Can Provide the Legal Advice You Need
If someone else’s negligence has caused a crash that caused you injury, you may be able to file a claim for compensation.
Obtaining the full damages you are entitled to is rarely easy, though. At Rikard & Protopapas, our car accident lawyer in Mount Pleasant can conduct an investigation and gather the evidence that will prove your case. We will also accurately value your claim so your losses are fully covered. Call us today or fill out our online form to schedule a free review of your case with our experienced attorney and to get the legal advice you need.