Marlboro County Truck Accident Lawyers
Any vehicle accident can be a harrowing experience, but few are as damaging as a truck accident. These accidents often leave victims with significant financial and emotional losses for which they should be compensated.
That is where our attorneys can step in and help you recover the compensation you deserve by filing a lawsuit against those responsible. After determining how long you have to file your claim, we will gather evidence against the truck driver, trucking company, and any other person who contributed to your injuries. As your case moves forward, we can collect medical records, paystubs, and invoices to assess the value of your case. If the trucker or trucking company acted recklessly, we can help you claim punitive damages, potentially increasing the compensation you receive.
Call Burriss Ridgeway Injury Lawyers at (803) 451-4000 for a free case evaluation with our truck accident attorneys today.
Common Issues We Can Help You Overcome in Your Marlboro County, SC Truck Accident Lawsuit
Numerous issues can make a truck accident lawsuit complicated. Fortunately, our truck accident attorneys can quickly identify the major issues in your case and develop strategies to help you overcome them. The most pressing concerns we will first solve are how long you have to file your lawsuit and who should be named defendants.
The “statute of limitations” places a strict time limit on victims’ right to file. In Marlboro County, S.C. Code Ann. § 15-3-530(5) allows up to three years from the crash date to file a lawsuit. Once that date passes, you will no longer be able to file your claim, so you should contact a law firm as soon after your accident as possible.
However, you might have more time to file if the trucker or trucking company is not in the state. Considering that Marlboro County borders North Carolina, this is quite possible. Fortunately, the time the defendant is out of the state and will not present themselves to the court will not count against you, as per § 15-3-30.
The other major issue will be determining who to sue for your injuries. The trucker will typically be held responsible since they likely contributed to causing the crash.
In most cases, we can also sue the trucking company for the truck driver’s negligence, whether or not the company acted carelessly. Of course, we can hold the company liable if their negligent business practices led to the accident.
The evidence should also be reviewed to determine if other drivers worsened your accident. It is common for several drivers to act negligently to bring about a truck accident.
Damages You Can Pursue for Injuries Caused in a Marlboro County, SC Truck Accident
After a successful truck accident lawsuit, damages will be awarded to the plaintiff. However, many victims are not sure exactly what damages they are entitled to. Most of the damages you can recover will be for your economic and non-economic losses, or “compensatory” damages, which can further be broken down into numerous damages. This compensation is meant to put you back into the position you were in before the accident or as best it can.
The other type of damages that could be available in your case is “punitive” damages. While these damages are rarely awarded for reasons explained below, you might be able to pursue them depending on the facts in your truck accident claim. The following will help you understand the full scope of damages we will typically claim in your lawsuit:
Economic Damages
The first area of damages our team will review is your economic losses, which could be high after a truck accident. The most pressing economic damage most victims feel is their medical costs. You will likely have incurred medical costs before starting your lawsuit and will have continuing costs if your injuries are severe. You might need physical therapy and prescription medications for years after your injuries have “healed.” Fortunately, you can pursue current and future projected medical costs, which we can prove with the help of medical experts.
Most truck accident victims will also need to claim lost wages because the crash kept them out of work. You are entitled to be reimbursed for your daily wages for each day you have to miss work. This also includes compensation for losing wages when placed on light duty or assigned to a lower-paying position. We will also work with experts in these situations to compensate you for lost earning potential if your injuries reduce your future earnings or opportunities.
Non-Economic Damages
Non-economic damages compensate you for your “pain and suffering,” which includes a range of effects on your mind and body caused by the accident. For instance, you can be compensated if you suffer from emotional distress, such as being afraid of driving or driving on highways. Your injuries might prevent you from enjoying hobbies and family activities, impacting your overall enjoyment in life. In many cases, your injuries will cause you physical pain just by doing your daily routine.
While these damages are as substantial as economic ones, they are more challenging to quantify. Fortunately, we have a few methods to help accurately calculate your pain and suffering. These methods typically depend on the value of your economic losses, so it is important to have a firm that can precisely determine your damages.
Punitive Damages
In some truck accident lawsuits, punitive damages can be claimed. However, a court will not award these damages for ordinary negligence, reserving them only for accidents caused by reckless, willful, or wanton conduct under § 15-32-520(D). The conduct must also be shown with clear and convincing evidence, proving that it is highly likely that the act in question occurred.
For example, if a trucker causes an accident because they knowingly drive significantly longer than permitted, driver logbooks and “black box” data can prove their reckless behavior.
However, punitive damages are not without limits. As per § 15-32-530(A), victims can only recover up to triple the value of their economic and non-economic damages combined or $500,000, whichever is the higher amount.
Call Our Marlboro County, SC Truck Accident Attorneys Today to Get Your Lawsuit Started
Call Burriss Ridgeway Injury Lawyers at (803) 451-4000 for a free case review with our truck accident lawyers.