Do I Have a Case after My Car Accident?

In the moments after your car accident, a million thoughts are running through your head. First, you want to make sure that everybody is okay. This is especially true if you have passengers in the car. The second thing you want to do is make sure you call the police so they can come out and investigate the accident. Once the police arrive, it’s important that you go to the emergency room so a doctor can check you out. Finally, once you’ve been medically cleared, you should reach out to an auto accident lawyer in Clemson.

One of the reasons it’s so important to meet with an attorney as soon as possible after your car accident is so they can review your case. We suggest you meet with a Clemson, South Carolina personal injury lawyer before you submit your insurance claim. This way, you know that not only is your claim going to be filed properly, but that it will be handled the right way from the start. This also gives you the benefit of finding out if you even have a case against the other driver. The last thing you want to do is waste weeks or even months chasing after the other driver only to find out that you can’t sue them.

Here, we will explain what it means to have standing to sue somebody in civil court. We will then explain how your auto accident lawyer in Clemson will go about proving fault in your case. Finally, we will briefly discuss what types of damages your Clemson, South Carolina personal injury lawyer can demand on your behalf. If, after reading this, you still have questions about your own car accident case, contact our office directly.

Not Everybody Who is Involved in a Car Accident Has Standing to Sue

As briefly stated above, the first thing your auto accident lawyer in Clemson will need to do is determine if you have standing to sue. All this means is that you legally have a right to file a complaint against a third party. To do so, your attorney will need to demonstrate two things. First, they will need to show that you suffered some sort of injury in the car accident. Second, they will need to demonstrate that you are within the statute of limitations period in South Carolina.

According to South Carolina law, you only have two years from the date of your car accident to file a lawsuit. If you miss this deadline, even by one day, your complaint will be dismissed. Even if the court clerk somehow misses the fact that you missed the deadline, you can bet the defendant’s attorney will figure it out really quickly. They will file a motion to dismiss which the judge will have no choice but to grant. Once your case is dismissed, you will not be allowed to file another lawsuit regarding the same accident. Your Clemson, South Carolina personal injury lawyer will make sure that doesn’t happen. You just want to make sure you meet with them long before that deadline approaches. It will take your attorney at least a month or two to prepare your case so you don’t want to cut it too close.

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Your Auto Accident Lawyer in Clemson Must Prove Fault

The first thing your auto accident lawyer Clemson has to do is prove that the other driver caused the car accident. Typically, this means they must demonstrate that the other driver was negligent. Negligence is just another way of saying that the other driver didn’t behave the way they should have given the circumstances.

In order to prove negligence, your attorney will have to demonstrate four elements:

  • The first thing your attorney will have to do is prove that the defendant owed you a duty of care. This isn’t hard to do in a car accident case. All drivers owe a certain duty of care to other motorists. At a minimum, they must follow all local traffic laws.
  • The second thing you’ll need to prove is that the defendant somehow breached this duty of care. There is no single way to do this. It always depends on the facts of your case. For example, if you can prove that the defendant was texting at the time of the crash, this will be sufficient to prove breach.
  • The third element you must prove is that you suffered some sort of injury. Usually, this involves both a physical injury and a financial injury. You’re not automatically entitled to damages simply because you’re involved in a car accident.
  • Finally, you will need to demonstrate that your injuries were directly caused by the defendant’s breach of duty.

Once you’re able to prove all four elements of negligence, then you can move on to discuss damages.

Can Your Clemson, South Carolina Personal Injury Lawyer Prove Damages?

In most of the cases our auto accident lawyers in Clemson handle, they demand certain damages on behalf of their clients. These damages may include some or all of the following:

  • medical bills and future medical bills
  • property damage
  • pain and suffering
  • lost wages
  • lost future income

Let a Seasoned Auto Accident Lawyer in Clemson Review Your Case

There’s nothing wrong with wondering whether you have a legal case after a car accident. In fact, it would be worrisome and unusual if you didn’t ask yourself this question. If the other driver caused the crash, then they should be held liable for any injuries or damages they caused. There’s absolutely no reason why you should be left holding the bag if you had nothing to do with the accident. This is what our auto accident lawyers in Clemson try to do. We try to help you determine whether the other driver was indeed at fault. If we believe that they caused the accident, there’s a good chance we’ll be willing to represent you.

We typically suggest that car accident victims contact our office in the days after their accident. This gives our Clemson, South Carolina personal injury lawyers a chance to see if you have a valid claim. It also gives you the opportunity to approach the insurance company with an attorney by your side. This will ensure that they take your claim more seriously while letting them know that they can’t take advantage of you.

You should call our office today and schedule your free, initial consultation.