Can I still file a claim if I was partially at fault for my accident?
Yes. South Carolina is a comparative negligence state, meaning that the court will decide what degree of fault each party involved has for the accident. The court then applies that percentage to the damages awarded.
Should I speak with the other driver’s insurance company?
No. You should consult your own car accident lawyer. It is best that you let your car accident attorney communicate with the other party’s insurer and negotiate on your behalf. Insurance adjusters could take a statement you’ve made, twist it around, and use it against you. Our car accident team will ensure that does not happen.
Should I accept the insurance company’s offer?
Not until you’ve consulted your car accident lawyer. Insurance companies always try to lowball you and try to get you to accept a settlement that is far less than what you truly deserve. An experienced car accident attorney can help you determine how much you should ask for and will fight to make sure you get it.
What is the statute of limitations for an automobile accident injury in South Carolina?
In most instances, the statute of limitations for filing an injury claim is 3 years. However, if the victim is under 18 years old, the statute of limitations doesn’t start until the victim turns 18, ending three years later. If you’re suing the state of South Carolina, you have two years to file a claim. If you are suing a municipality or other government agency, the statute of limitations could be one year or even less. This is another important reason why you should speak with an experienced car accident lawyer as soon as possible after your accident. Our team can provide you with a customized battle plan that will get you what you deserve.
What if I can’t afford an attorney?
That is never the case at the Law Office of Brian T. Smith. Like any reputable personal injury attorney, we do not expect payment until after we win your case. Legal costs tend to be about one third of the overall settlement.