Allandale, SC Car Accident Lawyer
Car accident cases are often challenging for a person with no legal experience to handle on their own. If you are trying to get damages through an insurance claim and are being given the run-around, it is likely time to call a lawyer for help.
Our attorneys know how to deal with insurance companies. We know what information they need to hear to get them to take your claim seriously, and what damages they should provide after their driver hits you. We also have the tools and resources to take your case to court and sue the driver/insurance company for damages if they refuse to pay what they owe you through the claims process.
For help with your injury case, call our car accident lawyers today at Burriss Ridgeway Injury Lawyers by dialing (803) 451-4000.
Do You Get Damages for a Car Accident Through Insurance or a Lawsuit in Allendale, SC?
Car accident claims can be handled in multiple ways, but it is first important to understand whether your state is a fault or no-fault state. In fault states, you file your claim with the insurance company for the driver that caused the crash, whereas no-fault states see drivers file claims with their own insurance regardless of who caused the crash. South Carolina is a fault state, so the claim goes against the driver who hurt you.
Filing an Insurance Claim
Cases usually start with an insurance claim, but the claim might not be able to get you everything you need. When filing with the at-fault driver’s insurance, you have to provide a statement and any evidence you have to show that their driver caused the crash and to detail what damages you suffered. This should only ever be done with the advice and help of a car accident lawyer, as you might say things the insurance company takes as an admission of fault, or you might leave off details that lawyers and insurance companies know are important.
Ultimately, claims are decided by the insurance company. If they simply refuse to admit that their driver was at fault, then you will not be able to recover. If they decide your damages are not worth what you are claiming they are, you will not recover full damages.
Because of this power imbalance, many peoples’ claims are unfairly denied or undervalued, and the only way to get what you are truly owed is to go to court.
Suing in Court
When your case goes before a judge and jury, they make decisions instead of the insurance company. The insurance company might still deny that their driver was at fault, but it is up to the jury to make that call now that the case is before the court.
This allows many people to prove their case at trial and get the damages they need, as the jury also decides how much the case is worth based on the info and evidence presented. However, simply going to court also pushes insurance companies to take cases more seriously and perhaps settle them for a better value before the case even gets to the trial stage.
Once the case is in court, the insurance company knows it will be more expensive to fight it, and they might settle for a more appropriate value simply because they know going to trial would be more expensive. Especially after they see all of the facts and evidence you provide during the discovery stage of the trial, they might realize they have a losing case and give you what they owe you. Our lawyers can advise you as to when a settlement offer is appropriate and encourage you to either take it or go on to trial, depending on the specifics of your case.
How Much is a Car Accident Case Worth in Allendale, SC?
The value of your car accident case is determined by the damages you faced. Our lawyers can calculate damages in your case in a way that is favorable to you, whereas the other driver’s insurance might use different methods that are better for them. Understanding these calculations and what damages should be paid for in the case can help you understand your case’s worth.
Vehicle Repairs
Any time injuries are involved, they are the prime focus of your case. However, getting paid for your vehicle damage is still important. At the end of the day, damages for vehicle repairs are usually based on the amount of money it will take to repair your car.
If the repairs will cost more than the remaining value of your car, it is usually considered “totaled,” and the insurance company should pay you the value of the car instead. This usually happens in cases with moderate or substantial damage, especially if the car is more than a few years old.
Medical Care Costs
The at-fault driver should pay for any treatment you need after the accident. This should include emergency treatment from EMTs or at the ER and the cost of any necessary care with doctors, specialists, mental health therapists, physical therapists, or other care providers. These damages should also include the cost of medication and other needs related to the injury.
Other Expenses
In many car accident cases, there are other miscellaneous costs you have to pay that you would not have ever faced if it were not for the crash. For example, if your phone broke in the crash, they cut clothing off you in the ER, or the cargo in your trunk broke during the crash, you will have other property damage costs to claim. Additionally, you may need to pay for childcare, a rental car, and more. These should also be covered.
Lost Wages
If you miss any work or can no longer work because of the injuries you sustained in the crash, those costs should be paid to you. Calculating future lost wages is often difficult and requires help from financial experts in some cases.
Pain and Suffering
Putting a value on your physical pain, mental/emotional distress, and other experiences is difficult, but our lawyers can help you claim these damages and other “non-economic” damages.
Call Our Car Accident Attorneys in Allendale, SC Today
Call Burriss Ridgeway Injury Lawyers at (803) 451-4000 to speak with our Allendale car accident attorneys about your potential case.
