When we first meet with a car accident victim, they aren’t yet sure if they want to retain a car accident lawyer in Greenville. They’re usually figuring things out and deciding which route they wish to pursue. We fully understand this. This is why we offer new clients a free, initial consultation. When we meet for the first time, you should bring any information pertaining to the case. You should also mention whether the insurance company has claimed that you were at fault. Typically, we don’t meet with a client until after their insurance claim has already been denied. While we don’t recommend this, we certainly understand why an accident victim would want to wait until they felt they needed an attorney before they hire one.
One of the big questions we hear when we first meet with a potential client is whether they can still collect damages if they were partially at fault. Our Greenville car wreck attorneys are very familiar with the laws in South Carolina. They understand that South Carolina follows the modified comparative negligence rule which means they still allow plaintiffs the opportunity to collect damages, even if they were partly at fault.
Here, we will discuss how the modified comparative negligence law works. We will also explain what happens to your damages if you are found partially at fault. The good news is that you will still be able to collect partial damages. Unfortunately, if the defendant’s attorney can prove that you were partially at fault, your damages will be reduced by your percentage of fault.
If you still have questions about your own case after reading this article, feel free to contact our office directly. We will schedule your free, initial consultation with one of our experienced car accident lawyers in Greenville.
Your Greenville Car Wreck Attorney Must Prove that the Defendant Was at Fault
Before you speak about damages, your Greenville car wreck attorney must first prove that the defendant was at fault in your accident. In order to do this, they will need to demonstrate that the defendant was negligent. In South Carolina, as in most other states, in order to demonstrate negligence, you must prove the following four things:
- You must demonstrate that the defendant owed you a duty of care – This shouldn’t be that hard to prove in a car accident case. All drivers owe a certain duty of care to other motorists. At a minimum, they must follow all local traffic laws.
- Your attorney must show that the defendant breached this duty somehow – There are several ways to prove this element of negligence. For example, you could point to the fact that the defendant was issued a speeding ticket at the scene of the crash.
- You will have to prove that you suffered some sort of injury – It is not enough to prove that you were involved in a car crash. You Greenville car wreck attorney must show that you suffered a financial or physical injury.
- The final element of negligence requires you to prove that your injuries were caused by the defendant’s breach of duty. This is referred to as proving causation. Since every case is different, the fact pattern will determine how your car accident lawyer in Greenville proves this element.
If you can prove all four elements of negligence, you will have a good chance of collecting damages. However, the amount of damages you receive will depend on whether or not you were partially at fault.
North Carolina Follows the Modified Comparative Negligence Rule
South Carolina, like most other states, follows the modified comparative negligence rule. This rule simply states that a plaintiff can still collect damages even if they were partially at fault for their accident. The caveat is that your damages will be reduced by your percentage of fault. Therefore, if you initially demanded $100,000 and are found to be 20% at fault, your damages would be reduced by $20,000.
What Kind of Damages Can Your Car Accident Lawyer in Greenville Demand?
You may be wondering what kind of damages your car accident lawyer in Greenville can get you. This will depend on the facts of your case, but there are certain types of damages that most car accident victims receive. This includes the following:
- damages for any current medical bills and future medical bills
- any monies that you spent to repair or replace your vehicle
- if you lost more than a week or two from work, your car accident lawyer in Greenville can also demand compensation for lost wages
- if you are no longer able to do the same type of work that you did before the crash, you may also be entitled to lost future income
- depending on the seriousness of your injuries, you may also be entitled to damages for pain and suffering.
It’s a Good Idea to Meet with an Experienced Car Accident Lawyer in Greenville Sooner Rather than Later
If you or your loved one have been injured in a car accident, it’s a good idea to reach out to a Greenville car wreck attorney. Our attorneys have decades of combined experience handling all sorts of motor vehicle accidents. Most of our clients have never been involved in a car wreck before. They aren’t quite sure what to do or who to turn to. This is why we believe it’s critically important that you least speak with a car accident lawyer in Greenville before you take any definitive action. The last thing you want to do is make a mistake that your lawyer cannot undo.
We recommend that anyone who is the victim in a car crash contact our office sooner rather than later. We offer new clients a free, initial consultation which gives them a chance to sit down with an attorney who can review their case and answer any questions they may have. It’s also a good idea to let the insurance company know that you’re represented by a Greenville car wreck attorney. Once they realize that they cannot intimidate you, they may take your claim more seriously.
For now, we suggest you call our office and schedule your free consultation. Pick a date and time that works for you, and we can either meet in our office or online. Since you pay nothing for the consultation, you have nothing to lose. And don’t forget, we don’t charge our clients anything until we settle their case.