Aiken, SC- A traffic collision occurs once every 4.6 minutes in South Carolina and every 12.2 hours one of those accidents is fatal, according to the South Carolina Department of Public Safety. That equated to 817 traffic fatalities and 31,086 traffic injuries in 2013. Most of those injured in car accident or those who have lost a loved one rightfully want the at-fault party to take legal and financial responsibility for their injuries or losses, but there are things they need to know about your personal injury or wrongful death suit.
Victims of car accidents in South Carolina must file their personal injury or wrongful death claims with the state’s 3-year statute of limitations. That means you must file your suit by within 3 years from the date that an injury or death occurred and missing he deadline means your case can be denied.
If you have been involved in a devastating traffic collision, USAttorneys urges you to contact an accident lawyer in Aiken to discuss your case and help you decide who to go about getting you and your loved ones the compensation you need. Our team of attorneys know what it takes to build a strong injury claim.
In South Carolina, or any other state, you must be able to show that your accident was the result of a motorist’s negligence. Proving fault and negligence is the cornerstone of a successful an accidental injury or death claim, requiring the victim to prove:
- The at-fault party had a responsibility to take due care but failed in that duty, and
- Their failing to take due care was directly responsible for the victim’s injuries or death, and
- The plaintiffs suffered physical and emotional damages.
That burden of proof applies whether the victim was injured in an accident on the road, in the workplace or in a business. Getting the generous amount of compensation you deserve is not limited to proving who was at fault for your injuries, it also depends on the extent of a victim’s injuries and the mental anguish they suffered.
An injury or wrongful death settlement for a South Carolina accident can cover losses for a victim’s:
- Medical expenses; past, present and future,
- Loss of wages,
- Property damage,
- Permanent disability or disfigurement,
- Emotional distress including anxiety and depression,
- Damage to personal relationships, and,
- Other costs directly related to the injury.
And depending on the cause of an accident, a South Carolina victim may be eligible to punitive damages. Such damages are meant to punish the driver if their actions were considered egregious or very reckless. For instance, a drugged driver may be ordered to pay punitive damages because they knowingly got behind the wheel when they were high. But it’s important to note that the state of South Carolina limits the amount of punitive damages that can be awarded in a single case to $500,000.
A personal injury or wrongful death needs to be handled by a professional who is well-versed in the complexities of traffic accidents. Our team of accident lawyers in South Carolina knows how to build an effective case and won’t let your or your loved one’s settle for less than they deserve.