Proving Negligence After a Car Accident in Charleston, SC
Drivers are responsible for using reasonable care when operating a motor vehicle to ensure the safety of others. If you have ever been involved in a car accident, you understand the impact such an event can have on your daily life. When another’s negligence causes injuries, you deserve compensation for your losses. Unfortunately, the insurance company is not interested in maximizing your benefits, with their main objective being to pay out as little as possible on your claim.
At Mark C. Tanenbaum, our car accident attorneys are dedicated to helping injury victims in Charleston, SC, recoup any accident-incurred expenses. Let our legal team help make you whole again.
Establishing Negligence in a Charleston Car Accident
Negligence occurs whenever a person fails to use reasonable care in performing a task, resulting in injury to another. Negligence can be demonstrated through the following elements:
- Duty: All motorists must use reasonable care to ensure others’ safety.
- Breach: Either through an act or omission, another motorist violates their duty of care.
- Causation: A causal link can be established between a motorist’s actions and your injuries.
- Damages: Due to the accident, you have suffered measurable losses, which may include medical costs, lost wages, and pain and suffering.
Preserving Your Right to Make a Claim
You must seek medical treatment immediately to preserve your right to make a claim. If you wait to be seen, insurance may claim that your injuries are due to an event unrelated to your accident. Suppose you fail to follow the doctor’s instructions. In that case, an insurance adjuster may claim that your injuries were not as severe as you said but that your failure to follow your physician’s instructions caused your condition to deteriorate. Never accept an initial insurance offer without consulting a Charleston car accident lawyer.
At Mark C. Tanenbaum, we recommend filing your insurance claim once you have reached maximum medical improvement (MMI). Your treating physician determines MMI, but it is the point at which you will no longer make any meaningful recovery, even if you choose to continue medical treatment. Once you reach MMI, it will be much easier to determine your future medical expenses and your ability to work (which will determine future lost wages). Accurately estimating these damages means that once your claim is closed, you will have the resources to handle whatever lies ahead.
Under SC Code §15-3-540, you have three years to take legal recourse following a personal injury. Hence, you mustn’t wait to start the claims process since you will have little time to switch to litigation if necessary. An injured person should never struggle to pay their medical bills and living expenses due to another’s carelessness. While avoiding the claims process is understandable, accepting a settlement less than your damages only places you in financial poverty. That is why our legal team is adamant about making the wrongful party pay for a personal injury victim’s losses.
Evidence in a Charleston Car Accident Claim
The insurance company will want to see proof that the other driver is at fault for your crash. Common evidence in a car accident claim often includes photographs of the accident scene and vehicle debris, video of the accident unfolding, and the testimony of any witnesses. If you did see someone witness your accident, be sure to ask for their name and contact information in case you need to call on them later on to testify. While checking all the boxes can be overwhelming, a Charleston car accident lawyer can streamline the process, helping your claim run efficiently.
Contact a Charleston Car Accident Lawyer Today
A crash can quickly place you in financial disparity, never permitting you to enjoy the life you worked so hard to attain. Establishing another person’s negligence is key to recovering the compensation you deserve following a crash, but it is best done with the help of legal professionals. At Mark C. Tanenbaum, our Charleston car accident attorneys have helped thousands of individuals recover maximum compensation for their hardship. If you are interested in learning how our legal team can be of assistance to you, contact us online or give us a call at (843) 577-5100 today.