Car accidents can lead to significant physical, emotional, and financial hardships for those involved. In South Carolina, representing an injured party in a car accident case requires a thorough understanding of state-specific laws, particularly concerning modified comparative negligence and the types of damages that can be pursued. This is why it is important to have an experienced personal injury attorney on your side if you have been injured in an accident. Contact Robert Schwarz at (843) 785-5184.

Modified Comparative Negligence in South Carolina

South Carolina adheres to the principle of modified comparative negligence, which plays a crucial role in determining the outcome of car accident cases. Under this legal doctrine, an injured party can recover damages only if their degree of fault does not exceed 50%. If the injured party is found to be more than 50% at fault for the accident, they are barred from recovering any damages..

Establishing Fault

To successfully represent an injured party, it is crucial to establish the fault of the other driver(s) involved in the accident. This involves gathering evidence such as:

• Police Reports: Official accident reports often contain vital information and initial assessments of fault.
• Witness Statements: Eyewitness accounts can corroborate the injured party’s version of events.
• Surveillance Footage: Video evidence from traffic cameras or nearby establishments can provide clear visuals of the accident.
• Expert Testimony: Accident reconstruction experts can offer professional opinions on how the accident occurred and who was at fault.

A comprehensive and compelling presentation of this evidence is essential to minimizing the injured party’s perceived degree of fault and maximizing their potential recovery.

Types of Damages

In South Carolina, an injured party can seek various types of damages, categorized primarily into economic and non-economic damages.

Economic Damages:

• • Medical Expenses: Costs for immediate medical treatment, ongoing care, rehabilitation, and future medical needs.
  • Lost Wages: Compensation for income lost due to the inability to work following the accident.
  • Loss of Earning Capacity: If the injured party’s ability to earn income in the future is impaired, they can seek compensation for this projected loss.
  • Property Damage: Costs to repair or replace the damaged vehicle and other personal property.

Non-Economic Damages:

• Pain and Suffering: Compensation for physical pain and emotional distress resulting from the accident.
• Loss of Consortium: Damages awarded to the spouse or family members of the injured party for the loss of companionship and support.
• Emotional Distress: Compensation for psychological impacts such as anxiety, depression, and trauma.

Pursuing a Claim

When pursuing a claim on behalf of an injured party, it is essential to take the following steps:

1. Initial Consultation: Assess the details of the accident, the extent of injuries, and the impact on the client’s life.
2. Investigation: Gather all necessary evidence to build a strong case.
3. Medical Evaluation: Ensure the client receives appropriate medical attention and document all medical treatments.
4. Demand Letter: Draft and send a demand letter to the at-fault party’s insurance company, outlining the damages sought.
5. Negotiation: Engage in negotiations with the insurance company to reach a fair settlement.
6. Litigation: If a settlement cannot be reached, prepare to take the case to court to pursue a favorable verdict for the client.

Conclusion

Representing an injured party in a car accident case in South Carolina involves navigating the complexities of modified comparative negligence and comprehensively addressing the types of damages that can be claimed. By meticulously establishing fault and effectively pursuing both economic and non-economic damages, legal representatives can ensure that their clients receive the compensation they deserve for their losses. The process requires a strategic approach, thorough preparation, and a deep understanding of South Carolina’s legal landscape.

If you or someone you love have been injured in a car accident, contract Robert L. Schwarz at (843) 785-5184 to schedule a free consultation.