Car crashes may result in life-changing injuries for accident victims. If another driver’s negligence caused the collision, you may be eligible to receive compensation for medical costs and other damages.
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The Charleston car accident lawyers at Roden Law advocate for injury victims throughout South Carolina. We have a proven history of recovering millions in compensation for our clients. This includes $1.675 million for a commercial vehicle operator who required low back surgery and a knee procedure.
Roden Law is offering a free review of your auto accident claim to determine if you may have a chance to recover compensation for your injuries and damages. There is no obligation and no upfront costs involved. Our goal is to get you the maximum compensation available, and we only get paid if you do.
Call 1-844-RESULTS to set up a risk-free consultation.
How Do I Know if I Am Eligible for Compensation?
You or your lawyer must prove that negligence on the part of the defendant caused your accident. In a legal claim, this process involves proving the four elements of negligence:
- Duty of care: The defendant owed you a legal duty of care. On the road, all drivers are legally bound to obey traffic laws and take reasonable steps to avoid causing harm to themselves and others.
- Breached duty of care: The defendant breached his or her duty of care. Examples include disobeying traffic laws, such as speeding or running a red light. Other breaches may include reckless behavior behind the wheel, such as road rage or driving while intoxicated.
- Causal link: There must be a direct link between the negligent activity of the defendant and the injuries you sustained. You must prove that your injuries would not have occurred if the defendant had upheld his or her duty of care.
- Damages created: You or your lawyer must provide proof of your damages, such as medical expenses, lost income from missing work or property damage.
Our Charleston car accident attorneys at Roden Law have in-depth knowledge of the traffic laws in South Carolina. We also know how to prove another driver’s liability for an accident. We are ready to protect your interests and obtain the maximum compensation possible for the damages you sustained.
What if I Was Partially At-Fault for the Accident?
South Carolina’s comparative negligence law allows accident victims to collect a reduced percentage of the compensation award, even if they are found partially at fault for the accident. For example, if you were seeking $50,000 in damages but found to be 10 percent at fault, you would only receive $45,000.
However, your percentage of liability must not exceed the liability of the other parties involved in the accident. If your share of negligence is determined to be 50 percent or less, you can split any awarded compensation with the other party. In situations where you are assigned 51 percent or more liability, the state bars you from pursuing any compensation for your damages.
We strongly recommend contacting one of the licensed lawyers from our firm, even if you think you may share fault for your accident. There is still a chance you may be eligible to recover some compensation.
Call Roden Law Firm today at 1-844-RESULTS to learn more.
How Much Compensation Could I Recover?
Most accident victims want to know if filing a claim is worth their time and effort. Others may shy away from hiring a lawyer because they are concerned about the cost.
However, our firm accepts injury claims on a contingency fee basis. This means that we charge nothing upfront and no fees for our services unless we obtain compensation for you. If you have a valid case and you decide to hire our firm, we are ready to handle the entire legal process on your behalf.
The amount of compensation you may recover depends on various factors, including the extent and severity of your injuries. Our lawyers are prepared to review your situation and help you understand your potential legal options in a free initial consultation.
There are two main categories of compensation that may be eligible to you:
These are easily determined out-of-pocket losses, such as:
- Loss of income from missing work
- Loss of earning potential due to injury
- Past, current and future medical expenses
- Transportation costs to and from doctor appointments
- Ambulance bills
- Hospital stays
- Costs for surgery
- Imaging tests
- Blood work
- Medical devices and equipment
- Prescription medicines
- Therapy sessions
- Vehicle repairs or replacement
- Funeral and burial expenses
These types of losses are not tangible and therefore harder to calculate. A knowledgeable lawyer knows how to determine the value of your physical, psychological and emotional damages on your behalf. Some examples of these non-economic damages include:
- Post-traumatic stress disorder (PTSD)
- Emotional distress
- Mental anguish
- Physical pain and suffering
- Loss of enjoyment of life
- Loss of consortium
Our lawyers understand the physically, emotionally and financially victims may suffer after a serious car accident. We are prepared to fight on your behalf for the maximum compensation available.
Is There a Deadline to File a Car Accident Claim?
Although most claims have a strict three-year deadline from the date of your accident, under South Carolina’s statute of limitations, there may exceptions that may impact your deadline.
For example, if your claim happens to be against a representative of the government, you have up to two years to file a claim for damages. If the victim was a minor child at the time of the accident, the state allows one year after his or her 18th birthday to file a claim.
Regardless of your situation, we recommend contacting a car accident lawyer in Charleston to find out your filing requirements. If you miss the deadline, your claim may be rejected by the court, barring you from pursuing any compensation.
Roden Law. Licensed. Local. Lawyers. Ph: 1-844-RESULTS
What if the Other Driver is Uninsured?
In South Carolina, all drivers are required to purchase a minimum amount of auto insurance coverage. This includes $25,000 per person and $50,000 per accident in bodily injury liability. This pays for damages (medical bills, lost wages, etc.) from an accident caused by the driver. You must also purchase a minimum of $25,000 in property damage coverage.
If the other driver has no insurance, or does not have enough to cover your damages, you may be able to file a claim with your own insurance company. In this situation, you could pursue compensation from your uninsured/underinsured (UM/UIM) motorist coverage. In South Carolina, if you purchase UM/UIM coverage, it must match the limits of your bodily injury liability coverage (25/50/25). Your auto insurance provider must offer you this coverage, however, the state does not require you to purchase it.
Why Do I Need a Lawyer for My Car Accident Claim?
Having a qualified lawyer represent you may increase your chances of recovering the maximum compensation available for your damages. At Roden Law, we have years of combined experience representing injured victims in South Carolina. Our firm is prepared to fully handle your case by:
- Thoroughly investigating your accident
- Gathering strong evidence to support your claim
- Negotiating with insurance companies for a fair settlement
- Communicating with you throughout the legal process
- Taking pictures of your injuries and the accident scene
- Interviewing credible witnesses
- Obtaining medical documentation to support the severity of your injuries
- Bringing in industry experts as needed
- Preparing your case for a trial – if necessary
Our lawyers are well-versed in the tactics insurance companies often use to try to devalue or deny claims. If you do speak with an insurance adjuster, it is important that you are careful not to say too much, as it could be used against you. Only give them the basic facts about the accident:
- Date, time and location of the accident
- You suffered injuries – do not provide any other details
- Your vehicle was damaged
If an insurance adjuster pressures you to provide more, such as asking how you feel, it is best to politely refer them to your lawyer. Insurance companies use these tactics because they do not want to pay out large amounts of compensation. Their priority is to protect their company’s bottom line.
Our lawyers are prepared to communicate with the insurance adjusters and opposing lawyers. We know how to protect the maximum value of a car accident claim.
Steps to Take After Experiencing a Car Accident
Our Charleston car accident attorneys at Roden Law are ready to handle the entire legal process on your behalf. However, there are some actions you can take right after an accident, provided you are physically able to do so, such as:
- Remaining calm and contacting the police: It is important to call 9-1-1 to notify the police of the accident. If there are injuries, be sure to get emergency care on the scene quickly. First responders will create and submit a police report, which can be useful evidence for your claim.
- Seeking medical attention: Get yourself examined by a health care professional, even if the accident seemed minor. Sometimes it can take days or even weeks for symptoms to appear. If you avoid seeing a doctor immediately after your accident, the insurance adjusters may question the cause of the injury and try to deny your claim. Be sure to save copies of medical bills and other receipts for out-of-pocket expenses related to your injuries.
- Taking pictures: If you are in a safe situation, we recommend taking several pictures of the scene of the accident and any injuries sustained. Photos may also help investigators determine fault for the accident.
- Contacting an experienced lawyer: Perhaps one of the most beneficial things you can do after an accident is to contact a qualified lawyer for legal help.
Negligent Actions Known to Cause Car Accidents
Common examples of negligent actions that may cause an accident include:
- Failing to stop at a stop sign or red light
- Reckless driving
- Failing to use signal lights
- Failing to check blind spots
- Failing to adhere to right-of-way laws
- Driving while drowsy
- Driving under the influence of drugs or alcohol
- Driving in the wrong direction
- Driving while distracted (eating, texting, adjusting the radio or GPS)
If you believe your auto accident was caused by one of these negligent actions or something similar, contact our Charleston-based car accident lawyers for a free review of your claim.
Seek Legal Assistance From a Charleston Car Accident Lawyer Today
Since insurance companies are often looking for ways to save money rather than give it to you, it is wise to have your car accident claim represented by a qualified and experienced lawyer.
Roden Law is led by founding partner Eric Roden and has a legal team with many years of experience. Our proven track record includes millions of dollars recovered for our clients.