If you file a car accident lawsuit and a judge or jury rules in the defendant’s favor, your case may be over. At this point, you may be solely responsible for all of your crash-related losses. Fortunately, a North Charleston car accident lawyer may be able to help you avoid this outcome.
The Shelly Leeke Law Firm has more than a decade of personal injury case experience. Our team may be able to help you with your auto crash claim. For more information, reach out to our team today.
How You Can Lose a Car Accident Lawsuit
In South Carolina, there is a three-year statute of limitations for filing a personal injury claim. You may submit an auto accident claim within three years of your crash. Even if you file a request for compensation, there is no guarantee you will receive damages.
You are responsible for the burden of proof in your auto collision case. To prove liability, you must show an at-fault party violated their legal obligation to avoid reckless and careless acts that may put others in danger. Along with this, you must verify the party breached their duty of care and caused your accident, leading to economic or non-economic losses.
The defendant in your car crash lawsuit may commit significant time and resources to dispute your claim. If they show they are in no way responsible for your collision, you may not get any damages. Comparatively, if the defendant is found to be partly at fault, you may get only a portion of the compensation you originally requested.
Comparative Fault in an Auto Accident Lawsuit
According to the South Carolina Contribution Among Tortfeasors Act, you and the defendant in your auto collision case may share responsibility. In this situation, your percentage of fault may determine if you are awarded damages. If you are found to be primarily responsible for your collision, you may not be able to get any compensation.
For example, you may suffer an injury in a side-impact accident. You sue the motorist responsible for the crash, but a judge or jury finds you to be 51% responsible. In this situation, you may not receive any damages.
On the other hand, you may be found to be 40% responsible for an auto accident. Based on this, you may receive 60% of the compensation you initially requested. Thus, you did not totally lose your case, but a judge or jury did not believe you were completely blameless for the incident.
How to Avoid Losing a Car Crash Lawsuit
You cannot control a judge or jury’s decision in your auto crash lawsuit. Conversely, there are many things you can do after your collision to put yourself in a great position to receive the maximum amount of damages. These include:
Gather Evidence at the Accident Scene
As soon as your crash happens, use your smartphone to take photos and videos of damage to your vehicle, your injury, and other aspects of the accident scene. You only get one chance to capture photos and videos from the scene. These pieces of evidence may help you convince a judge or jury to award you 100% of the damages you request.
Get Medical Help
Go to a doctor or emergency room to undergo a medical evaluation after your collision. If you are diagnosed with an injury, continue to treat it and keep track of your medical records. This may help you prevent your injury from getting any worse and add to your collection of evidence.
File a Police Report
Notify the police about your accident. Ideally, you can call 911 after your accident, which will bring police officers and medical personnel to the crash scene. Next, you can tell police about your accident, and they can prepare a collision report you may be able to use as evidence to support your claim.
Be Careful About What You Post Online
Do not post any photos, videos, or other content online about your accident. If you do, the defendant in your case may find this content. They may be able to use your online content against you, which may hurt your chances of getting damages.
Partner with a Car Accident Lawyer
Connect with an auto collision attorney in the days following your car crash. Your lawyer may answer frequently asked questions and many others about car collision claims. They may advocate for you, protect your legal rights, and help you build an argument against an at-fault party.
The Shelly Leeke Law Firm understands the challenges you may face in an auto accident lawsuit. Our team is available to discuss your case. To get started, contact us today.
Auto Accident Settlement
You may file a lawsuit but not actually have to go to trial to resolve your car accident claim. The defendant in your case may have concerns about bringing their case to trial. They may offer a personal injury settlement in the hopes of avoiding lengthy and expensive litigation.
Just because you get a car crash settlement offer does not mean you should accept it. There are times when an at-fault party or their insurance company proposes a lowball settlement. If the defendant in your lawsuit proposes a settlement that is far less than what you may receive if you go to trial, you may want to decline the offer.
An auto accident lawyer may go over a settlement offer and explore its pros and cons with you. They may help you understand all an offer entails and explain the ramifications of any decision you make on it. If your attorney feels it is in your best interests to reject a proposal, they will let you know, but you still have the right to approve the offer if you feel it is in your best interests to do so.
Take the Right Steps to Get Compensation After Your Car Accident
The Shelly Leeke Law Firm wants auto accident victims to get compensation from any at-fault parties. If you are considering filing a car crash lawsuit, our team may be able to help you out. To schedule a free consultation, contact us today.
