When you need to seek financial compensation for a car accident in South Carolina, filing a lawsuit can be a key step in the process. But, filing a lawsuit doesn’t necessarily mean going to court; and, while filing a lawsuit can sound stressful, it is important to keep in mind that your lawyer will be handling the process on your behalf. Over the long term, it can also be far more stressful not to recover the financial compensation you deserve.
Any time you are dealing with accident-related injuries, it is important to ensure that you are making informed decisions. With this in mind, here is an overview of what to expect during a South Carolina car accident lawsuit:
Understanding the Car Accident Settlement Process
While there are lots of technical legal issues and procedural requirements involved in filing a car accident lawsuit, your lawyer will handle these aspects of your case on your behalf. From your perspective, the most important part of the process is settlement. As we mentioned above, filing a lawsuit doesn’t necessarily mean going to court. In fact, in the vast majority of cases, car accident lawsuits settle long before trial.
The car accident settlement process starts with establishing liability. If the at-fault party’s insurance company accepts liability, then the focus shifts to determining how much the insurance company is going to pay. This is the crux of the car accident settlement process. Your lawyer will use evidence of your financial and non-financial losses to seek a favorable settlement on your behalf; and, if the insurance company makes a settlement offer, your lawyer will help you decide whether to accept.
If you reject a settlement offer, the process will continue. While it is important not to settle for less than you deserve, it is also important to understand that once you reject a settlement offer, it is no longer on the table. As a result, informed decision-making is critical, and you will want to work closely with your lawyer to ensure that you are making smart decisions with your long-term best interests in mind.
Factors That Affect Car Accident Settlements
How can you make a smart decision about whether to accept a settlement offer during your South Carolina car accident lawsuit? When evaluating settlement offers, there are several important factors to consider. Some examples of factors that affect car accident settlements include:
- The evidence that is available to prove fault in the car accident
- Whether there is any evidence to suggest that you may have been partially at fault
- The severity of your injuries
- The severity of your pain and suffering
- Your immediate and long-term medical needs
- Your job and how long you will be unable to work (if at all)
- How your accident-related injuries impact your relationships and day-to-day life
Your choice of legal representation can be an important factor as well. The insurance companies keep records of car accident lawyers’ settlement records, and they know which lawyers are prepared to fight for their clients. While there are no guarantees, if you hire a lawyer who is willing to fight for you, this alone can play a major role in how the insurance companies handle your case.
How Is Evidence Collected in a South Carolina Car Accident Lawsuit?
When it comes to what to expect during a South Carolina car accident lawsuit, you should know that one of your lawyer’s top priorities will be collecting as much evidence as possible. The more evidence you have in your favor, the stronger your case will be for a favorable settlement.
How is evidence collected in a South Carolina car accident lawsuit? There are two key steps in this part of the process:
- Collecting Evidence of Liability – Collecting evidence of liability involves conducting an on-scene investigation; examining the vehicles involved in the accident; and using formal legal means to obtain surveillance camera footage, phone records, and any other evidence that may be available.
- Collecting Evidence of Damages – Collecting evidence of your damages involves ensuring that you have all relevant medical records, employment records, bills, and receipts. It also involves documenting your injuries’ non-financial impacts on your life.
While you may have some evidence in your possession already (such as photos, videos, and medical records), it is important that you do not return to the scene of the accident to try to collect additional evidence yourself. Not only can this be dangerous, but evidence needs to be collected in such a way that it remains admissible in court. As a result, it is important to have a lawyer investigate your car accident for you—and this investigation should take place as soon after the accident as possible.
Contact Paulick Law for a Free Consultation
If you have more questions about what to expect during a South Carolina car accident lawsuit, we invite you to get in touch. Call us at 843-379-3285 or contact us online to schedule a free consultation today.