Victims of car accidents are entitled to compensation for property damage, injuries, and other accident-related losses. However, before they can recover damages, one of the key things that must be decided is who was at fault. In South Carolina, the person or entity that caused the accident must compensate the person who was affected.
Car accidents can lead to a wide variety of losses. If you were injured, you may have to spend substantial sums of money on treatment, surgery, and rehabilitation. You may have to take a lot of time off work and therefore, lose out on significant income. You may even become disabled or disfigured. Then, there is the mental anguish that can result because of serious or catastrophic injuries. If the accident was not your fault, you should not have to bear the consequences alone.
You should not have to worry about how you’ll repair or replace your vehicle or pay your medical bills. Fortunately, the law allows you to get compensation for both tangible and intangible losses. However, you’ll need to identify the correct at-fault party so you can file a claim with their insurance company. Even though it may seem that a certain individual is obviously responsible for your injuries, you’ll need to present proof.
You will, therefore, have to work with a Greenville auto accident lawyer to build a strong case. An experienced attorney who is familiar with the tactics of insurance companies can be the difference between getting fair compensation and walking away empty-handed.
The Role of the Police Report
If you’ve never had to file a claim for compensation after a car accident, you may assume that the police report is all the evidence you will need. However, while this document can contain useful information, it may not tell the whole story. The police report doesn’t always state which party the officers believe was at fault.
Rather, it may only state the basic facts of the case such as who was involved and the types of vehicles they drove. It will also include the drivers’ accounts of what happened. If a driver was cited or charged in connection with the crash, this will be in the report. However, it is not a fool-proof indicator of fault. While your car accident lawyer will use the report as a guide, they’ll also look for other types of evidence.
How a South Carolina Car Accident Lawyer Will Prove Fault
Your attorney will want to gather as much proof as possible to show that someone else was at-fault for your injuries. After a serious accident, it’s best to call a lawyer at the earliest opportunity. This will allow them to collect evidence while it is still fresh. As time passes, evidence disappears or gets destroyed and eyewitnesses move away or get confused about what they saw.
If you’re physically able, you can help the attorney you will eventually hire. You may be able to take photos of the vehicles involved, the road conditions, and any other evidence at the scene. You may also be able to get contact information of any eyewitnesses. It won’t always be possible to do any of this and your attorney will find other ways to get evidence. If necessary, they will call on accident scene reconstruction professionals to prove what happened. However, the more information you can collect before the scene is cleared, the better it will be for you.
When your attorney has clear evidence of what occurred, they will assist you in filing an insurance claim and/or a lawsuit. If the evidence is strong, the insurance company will have to make you a settlement offer. The first offer they make is likely to be insufficient to cover your losses. However, your South Carolina auto accident attorney will negotiate with them to ensure you get fair compensation. If reaching an out-of-court settlement proves impossible, they will take the matter to trial. Because trials are costly and time-consuming, they’re usually the last option for both parties.
Contact the Attorneys at Hernandez & Cabra Today!
If you were the victim of a Greenville, South Carolina car accident, you have the right to recover damages. However, the process isn’t always easy. You’ll need to work closely with a South Carolina auto accident attorney to build a strong case for compensation. Call us today to schedule a free case review and learn what we can do for you. We’ll do everything we can to ensure you’re treated fairly.