Frequently Asked Questions
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Neither this page nor this site is intended to provide legal advice or to create an attorney-client relationship of any kind. This page and this site simply provide information that may be helpful. If you need legal advice or help, please contact us for representation. |
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1.
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What do I do after a car accident? |
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a. Stay put and wait on the Police. b. Tell the truth and do not falsely admit liability. Based on a variety of complex circumstances, traffic laws and regulations, who is at fault may not be clear and may actually be a matter only a jury or judge can ultimately determine. Your job with the Police officer is to simply tell him or her - truthfully - what happened. c. If you are injured or if you even think you may be injured - SEEK MEDICAL CARE. Why? First, if you are hurt, you need to seek help for health purposes. Second, we have seen defense lawyers for insurance companies too often get in front of the jury and tell them how our client did not seek any medical care until days, weeks or months after a collision. Insurance lawyers point this out to the jury in an effort to falsely accuse plaintiffs who are legitimately hurt of faking their injuries. While we can usually do a good job of justifying the gap in time between the collision and related medical care, as most folks do not want to be hurt and falsely think their pain may just go away if they ignore it, it is much easier to explain to a jury the significance of a collision when medical care is sought sooner rather than later. So, for numerous reasons, seek care if you think you may be injured. d. CONTACT US. The Insurance company for the other driver will likely contact you within days of the collision. The insurance adjuster who contacts you will probably ask to take a recorded statement from you about what occurred. He or she will want to ask you about the collision itself as well as what injuries you sustained. Make no mistake about it, the Insurance company for the other driver wants to take your recorded statement for one reason and one reason only - to ultimately use it against you. We would recommend that you decline the Insurance company's "invitation" to give a recorded statement and contact us so that you will be as prepared to protect your rights as the Insurance company is to protect its own. Please note that if you have given a recorded statement already, you have likely not done anything that has seriously harmed your case. However, again, we would recommend that you contact us immediately so that we can begin to do what is necessary to preserve your rights. |
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What if the investigating officer found me at fault?
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Generally, our fine police officers in South Carolina do a great job and get it right. However, no one is perfect. If you were found at fault in a vehicular collision and do not believe that you were at fault or believe that the other person was just as much at fault, Contact Us. In general, an investigating officer's police report and who he or she found at fault is not admissible in civil court. It is typically up to a jury to decide who is at fault in a collision after hearing all of the relevant evidence.
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3.
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How long do I have after an accident to file a lawsuit for my injuries? |
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In South Carolina, a person who is injured in an automobile accident generally has 3 years from the date of the collision to file a lawsuit. That does not mean that the lawsuit has to be concluded within 3 years - just that it has to be filed within that time period. For minors, that time period may be extended. |
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4.
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Will I have to go to trial for my collision? |
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All cases are different and there is no way to know for certain whether your case will settle or go to trial. However, we can assure you that, based on our experience on both the plaintiff and defense side of these matters, most cases settle without the need for trial. In fact, a majority of the cases that we handle settle without the need for even filing a lawsuit. |