Get a Free Case Review -  (803) 471-4188
Free Consultation:
(803) 451-4000
Close
Lugoff, SC Car Accident Lawyer
Table of Contents

    Lugoff, SC Car Accident Lawyer

    When you get hurt in a car accident, you may be left with pain and suffering, expensive medical bills, and lost wages from your injuries.  These damages should be reimbursed by the at-fault party, but holding them liable can be a challenge.

    Our lawyers can help you collect evidence, negotiate claims, and even fight the case at trial if necessary.  Turn to us in your time of need for advice and an advocate who can stand up for you against insurance companies, transportation companies, and at-fault drivers.

    For a free case review, call our car accident lawyers today at Burriss Ridgeway Injury Lawyers at (803) 451-4000.

    How is Fault Determined in a Car Accident in Lugoff, SC?

    The worst feeling after a car accident – aside from the pain of your injuries – is the fear that the accident will be deemed your fault.  However, there are some important things to know about how fault is assigned that can help you rest easier:

    Elements of Fault

    Most car accident cases are based on negligence, which says that the defendant breached a legal duty they owed you.  If that was what caused your injuries, then they are liable.

    This means that you could only be held at fault if you did something wrong, such as violating a traffic law.  If you were doing everything right, the accident should never be deemed your fault.

    Comparative Fault

    Even if you did do something wrong, and it is enough to constitute some degree of negligence on your part, you can still win partial damages.  Courts can use our comparative fault laws to assign partial fault to each party, as a percentage.  Then, each at-fault driver pays for that percentage of damages.

    If you are partially at fault, you usually lose a percentage of the total damages rather than losing your whole case.  You can only lose the whole case if you are more than 50% at fault.

    Examples

    All kinds of traffic violations and unsafe decisions behind the wheel can be used to prove another driver is at fault, such as

    • Drunk driving
    • Distracted driving
    • Speeding
    • Failing to yield
    • Failing to use a turn signal

    What Damages Can I Claim?

    Car accident damages typically fall into four major categories, plus some other common damages you might need to claim:

    Medical Bills

    One of the biggest sets of damages might be your medical bills.  This includes any care or therapy bills brought on by your injuries, including the cost of

    • Surgeries
    • Hospital stays
    • Medical imaging
    • Mental health therapy
    • Physical therapy and rehabilitation

    It can also cover the costs of ongoing care.

    Lost Earnings

    All wages you lost because of the accident should be paid back to you.  This means any work the injuries caused you to miss while healing, plus any future earnings you miss out on because of the injury.  If your injury totally disables you, this could be a high area of damages.

    Pain and Suffering

    These “non-economic damages” cover intangible harms that have no bills or costs.  For example, mental anguish, lost ability, and more.

    Vehicle Damage

    The cost of repairing or replacing your vehicle is important, even in the face of these other, more extreme damages.

    Other Damages

    There may be other costs you can also recover damages for, so check with a lawyer about the total damages available.  Things like hospital parking, home adaptations, and help around the house could be covered because they only came about because the accident happened.

    FAQs for Car Accident Cases in Lugoff, SC

    Can You Sue for a Car Crash or Do You Have to Use Insurance?

    When you get hurt, insurance might be available to cover your injuries, but that does not stop you from filing a lawsuit.  If the at-fault driver has insurance – like they are supposed to – then you may be able to file a claim that way and skip the hassle of going to court.

    However, when insurance companies delay or block payment, we can take the driver to court instead.  The insurance company is the one paying for their damages either way (up to policy limits), whether we settle the insurance claim or win at trial.

    Whose Insurance Do I File My Claim With?

    South Carolina uses a “tort” or “at-fault” insurance system.  This means that every driver’s insurance covers the harm the at-fault driver causes to others.  If you get hurt in a crash, you file with the at-fault driver’s insurance.

    However, you might have optional coverages on your own policy – like collision coverage – that pay for some of your damages with a deductible payment.  You can often use your insurance first to pay for whatever it can cover, then, when you win against the defendant, you can pay back your insurance and keep any extra (e.g., the pain and suffering damages your insurance would not have covered).

    Where Do I File My Claim?

    If your accident happened in Lugoff, SC, you’ll file in Kershaw County  Cases are usually filed in the county court for the jurisdiction where the crash happened.

    Do I Have a Case?

    We cannot know whether you have a case until we hear from you about the facts of what happened, the damages you faced, and the evidence available.  However, we offer free case reviews where we can discuss these things.

    What’s the Filing Deadline?

    Car accident claims are governed by the statute of limitations for injury cases.  In South Carolina, this means you have to file within 3 years of the date of the accident/injury.

    Call Our Car Accident Attorneys in Lugoff, SC Today

    Call Burriss Ridgeway Injury Lawyers for a free case review with our car accident lawyers: (803) 451-4000.

    Resources

    Get a Free Consultation

    Results

    $8.5 Million
    Client’s husband was struck and killed by a speeding driver working for a South Carolina corporation who was in the course and scope of his employment at the time of the crash. The decedent left behind a spouse and three children.
    Client’s husband was struck and killed by a speeding driver working for a South Carolina corporation who was in the course and scope of his employment at the time of the crash. The decedent left behind a spouse and three children.
    $6.2 Million
    Client was struck and killed by a commercial vehicle that was distracted at the time of the crash. The event occurred on a rural South Carolina roadway. Claims were brought against the driver as well as the corporation.
    Client was struck and killed by a commercial vehicle that was distracted at the time of the crash. The event occurred on a rural South Carolina roadway. Claims were brought against the driver as well as the corporation.
    $6 Million
    The Plaintiff was injured as a result of a failing component of a commercial motor vehicle that fell from the vehicle into the roadway. The Plaintiff brought claims against the owner and operator of the tractor trailer as well as the manufacturer of the vehicle.
    The Plaintiff was injured as a result of a failing component of a commercial motor vehicle that fell from the vehicle into the roadway. The Plaintiff brought claims against the owner and operator of the tractor trailer as well as the manufacturer of the vehicle.
    $5 Million
    The client’s child was killed in a crash involving a trucking company. Claims were brought against both the trucking company and the owner of the faulty equipment that was unsafe for use on the roadway.
    The client’s child was killed in a crash involving a trucking company. Claims were brought against both the trucking company and the owner of the faulty equipment that was unsafe for use on the roadway.
    $4.1 Million
    The Plaintiff was injured as a result of a refrigeration system that malfunctioned, spraying ammonia gas into the Plaintiff's face. As a result of this event, the Plaintiff sustained significant vision loss. The Plaintiff brought claims against his employer and the manufacturer of this system.
    The Plaintiff was injured as a result of a refrigeration system that malfunctioned, spraying ammonia gas into the Plaintiff's face. As a result of this event, the Plaintiff sustained significant vision loss. The Plaintiff brought claims against his employer and the manufacturer of this system.
    $2 Million
    The Plaintiff was injured while riding his motorcycle when he collided with another vehicle. This event occurred in the city of Columbia and the Plaintiff sustained significant bodily injury resulting in extensive medical expenses and permanent injury.
    The Plaintiff was injured while riding his motorcycle when he collided with another vehicle. This event occurred in the city of Columbia and the Plaintiff sustained significant bodily injury resulting in extensive medical expenses and permanent injury.
    $1.8 Million
    The Plaintiff was injured when he was rear-ended by a tractor trailer on Interstate 20. The Plaintiff brought claims against the owner and driver of the tractor trailer for his injuries relate to his lower back.
    The Plaintiff was injured when he was rear-ended by a tractor trailer on Interstate 20. The Plaintiff brought claims against the owner and driver of the tractor trailer for his injuries relate to his lower back.
    $1.5 Million
    The Plaintiff sustained significant injury when she was attacked by a dog while performing repairs on a rental property. The Plaintiff was at the rental property as part of her employment with a rental management agency. She was attacked by the animal and sustained permanent nerve damage in her legs.
    The Plaintiff sustained significant injury when she was attacked by a dog while performing repairs on a rental property. The Plaintiff was at the rental property as part of her employment with a rental management agency. She was attacked by the animal and sustained permanent nerve damage in her legs.
    $1.3 Million
    The Plaintiff was killed as a result of a collision with a logging truck that had been improperly loaded by a timber harvester. The proceeds of the settlement were funded by both the timber harvester and the owner of the logging truck.
    The Plaintiff was killed as a result of a collision with a logging truck that had been improperly loaded by a timber harvester. The proceeds of the settlement were funded by both the timber harvester and the owner of the logging truck.
    $1.5 Million
    The Plaintiff underwent surgery to her neck as a result of injuries sustained when she was struck on the head by a piece of loading equipment at her job. The Plaintiff was employed by a national retailer and was engaged in stocking shelves when the piece of equipment failed. After settling her workers' compensation claim, the Plaintiff brought a claim against the manufacturer of this equipment.
    The Plaintiff underwent surgery to her neck as a result of injuries sustained when she was struck on the head by a piece of loading equipment at her job. The Plaintiff was employed by a national retailer and was engaged in stocking shelves when the piece of equipment failed. After settling her workers' compensation claim, the Plaintiff brought a claim against the manufacturer of this equipment.
    $1.1 Million
    The Plaintiff brought a claim against a local medical facility for a false positive HIV reading. As a result of this false positive, the Plaintiff lived for 4½ years believing that she had the virus which leads to what she feared was an eventual AIDS diagnosis.
    The Plaintiff brought a claim against a local medical facility for a false positive HIV reading. As a result of this false positive, the Plaintiff lived for 4½ years believing that she had the virus which leads to what she feared was an eventual AIDS diagnosis.
    Read More

    Resources

    Recent Posts

    Client Reviews