If you’ve never filed a personal injury case before, you may not be familiar with the term “statute of limitations.” A statute of limitations is the amount of time in which you are legally allowed to bring a personal injury case or have it settled in civil course. South Carolina law states that you have three years from the date of your accident to file a claim if you want to be eligible for compensation.
Pedestrian accident cases are complex and in some cases a complex claim means a lot of case building. This is not a problem for your attorney when you get to them right away. If you contact a lawyer too close to your statute of limitations, you are going to be barred from receiving compensation. The best thing to do is hire a lawyer as soon as you can so they can get working on your case right away.
South Carolina has the law of shared fault when it comes to your compensation. This law defines how much of your compensation you are allowed to collect after the role you had causing the accident gets determined. You can be compensated for three factors which includes:
There will be deliberation about how much you can collect for these damages and when you have a number decided, it is going to be affected by the fault that you had causing the accident. Shared fault laws say:
Our job as North Augusta pedestrian accident lawyers is to protect your right to full compensation. If, for example, you have been deemed 10% at fault because you where talking on your cellphone while walking through a cross walk when you got hit, your compensation award will be reduced by 10%. If you are awarded $100,000 in compensation for your damages and injuries, you will be able to collect $90,000 to account for your role in the accident.
In order for your pedestrian accident case to be successful, you have to be sure that you seek emergency medical attention now as opposed to later. You have to make your wellbeing the most important factor. You cannot expect to receive compensation for medical bills that don’t exist and you don’t want to have worsened medical conditions because you waited or avoided getting treatment.
You will have a doctor give you treatment for your injuries and you can start your road to recovery. The insurance company is given your medical records as evidence of what their insured did to you. If you did not get immediate medical attention, you may have drawn their suspicions. They might think you lied about how you got your injuries or how severe your injuries are. Either way, that would give them grounds to try to eliminate or reduce what they owe you, and you do not want to happen to you.
If you would like to be able to receive full and fair compensation, something you need to avoid at all costs is taking a phone call from the liable party’s insurance company. They will reach out to you shortly after your accident looking to get a recorded phone call. Their goal is to get you to talk to them and if you say something that makes you sound like you caused the accident or that your injuries are not all that bad, they will use it against you to reduce or eliminate your compensation. Our North Augusta pedestrian accident lawyers can take over communication for you to protect your rights to full compensation.
I had a client call me the other day about being run over by a car while crossing in a crosswalk on Richland Avenue in Aiken, South Carolina. He asked what kind of recommendations I had for his case. If you’re reading this, you may have similar questions. I’ll share with you what I told the client.
First of all, get medical treatment and follow your doctor’s orders. Second, do not give any statements to insurance adjusters. Insurance adjusters are trained to get you to say that it was hard to see you, and that the driver’s field of vision was blocked. They’re trained to get favorable information for their case and unfavorable information for your case, then use that to devalue and deny your case. Third, consult with an experienced attorney that has knowledge on automobile and pedestrian cases. That attorney can give guidance as to potential issues dealing with liability and successful recoveries against the at-fault driver’s insurance company.
I had a former client call me. I had represented that client in a car wreck case over 20 years ago in South Carolina, and he’d been recently struck by an automobile as a pedestrian. He asked me, “What are the differences between my automobile accident case and a pedestrian automobile accident case?” If you’re reading this, you may have similar questions. I’ll share with you what I shared with my client.
When you’re involved in an automobile accident and you’re inside a vehicle, you have the protection of the automobile. You have steel. You have a cage, a roof. You have doors to help surround you. You have airbags and seat belts and cushions to help protect you from the force. When you’re a pedestrian who is struck by an automobile, you don’t have any of this protection. Many times, the injuries are more significant and more severe.
Also, if you’re walking in a crosswalk, you have the right of way. The rules of the road state that the pedestrian has the right of way, and the automobile should yield to the pedestrian. If you have any questions about your automobile pedestrian case in the state of South Carolina, give us a call. We’d be happy to help.
I had a client who was jogging on Martintown Road last week and was struck by a hit-and-run driver. That client called me and asked, “Can I make a claim if I can’t find the hit-and-run driver?” If you’re reading this, you may have a similar question. I’ll share with you what I shared with the client.
If the client has automobile coverage on any owned automobile or resident automobiles of any residents where he lives, that client who was jogging and struck by the hit-and-run driver can have uninsured motorist coverage by his own coverage.
If you have any questions about pedestrian automobile accident cases in South Carolina, hit-and-run pedestrian cases, or whether uninsured motorist coverage may apply to your pedestrian uninsured motorist claim, give us a call. We’d be happy to help.
I had a client call me last week to tell me about his automobile pedestrian case, and I learned that he had made a mistake in the case. I’ll share with you my tip to the client, and hopefully you won’t make the same mistake. The client was hit by a car while he was walking home from work, on Whiskey Road in Aiken, South Carolina. The client gave an insurance adjuster a recorded statement and agreed with the insurance adjuster that it would have been hard for the automobile driver to see the client.
After investigating the case, I learned that the collision between the car and the pedestrian happened at 8:30 pm during a summer month, and there was a streetlight nearby. The client was also wearing an orange work shirt at the time he was run over. Thankfully, we were able to fix this mistake of giving the insurance adjuster a statement.
If you have any questions at all about your automobile pedestrian case, give us a call. We’d be happy to help.
I had a client call me last week and ask me, “If I’m partially at fault, as a pedestrian, in getting struck by a vehicle, can I recover in the state of South Carolina?” If you’re reading this, you may have a similar question. I’ll share with you what I shared with my client.
The state of South Carolina is a comparative negligence state. If that pedestrian can prove that the automobile driver was at least 51% or more at fault for the pedestrian injuries, then that pedestrian client can recover. Here’s an example. Assume you go to trial and the client gets $100,000 recovery from a jury, but the jury finds that the car driver is 80% at fault and the pedestrian is 20% at fault. The jury verdict is decreased by $20,000 and the client would recover $80,000.
If you have any questions about your automobile pedestrian accident case in North Augusta, give us a call. We’d be happy to help.
I had a nurse call me last week about an automobile pedestrian case on University Parkway in Aiken, South Carolina, and she asked me, “How do you determine the value of my automobile pedestrian case?” If you’re reading this, you may have similar questions. I’ll share with you what I shared with that nurse.
There are many factors that go into valuing an automobile pedestrian case. These factors include injuries, medical treatment, the amount of medical bills, the amount of lost wages, permanent limitations, pain and suffering, amount of coverage of the automobile, and a potential underinsured motorist coverage claim by a client if the at-fault driver does not have enough insurance. Lastly, was the client in a crosswalk? What kind of liability issues are involved and should the driver have seen the nurse? What were the lighting conditions? Was it raining? Was the driver distracted?
If you have any questions about the value of your automobile pedestrian case in South Carolina, give us a call. We’d be happy to help.
I had a client who had been struck by an automobile in downtown Aiken, South Carolina, call me and ask me a question about their case. The question was, should I ever give a recorded statement to an insurance adjuster for the automobile insurance company? If you’re reading this, you may have a similar question. I’ll share with you what I shared with that client.
Do not give a recorded statement or talk with an insurance adjuster for the at-fault driver. Those insurance adjusters are trained to get information that will help their case and hurt your case. If you have any questions about your pedestrian automobile case in South Carolina, give us a call. We’d be happy to help.
I had a client call me who had been involved in an automobile pedestrian accident on the Aiken-Augusta Highway. He asked me, “How long will it take to resolve my case in South Carolina?” If you’re reading this, you may have similar questions. I’ll tell you what I told the client.
The statute of limitations in South Carolina is three years. If the case is not settled within that three-year period, a lawsuit would have to be filed in court to preserve the right to get compensated. Many factors enter into how long the case will take. Many times, we do not want to start negotiating with the automobile insurance company until the doctors have released our client. How long will the medical treatment last? What are the medical bills? What are the lost wages? What is the insurance limits of the at-fault driver? These are some of the factors that enter into how long a case will take.
If you have any questions about your pedestrian automobile accident in the state of South Carolina, give us a call. We’d be happy to help.
I had a client that was injured in a pedestrian automobile accident, and they asked me, “How do I go about getting the best attorney?” If you’re reading this, you may have the same questions. I’ll tell you what I told that client.
It’s important to go meet with the lawyer in person and ask the lawyer many questions. Ask the lawyer if he’s experienced in pedestrian automobile accident cases. Ask the lawyer if automobile and personal injury cases are the core of his practice. Does this lawyer try cases, is he a trial lawyer? Insurance companies pay more money to clients whose lawyers are trial lawyers who will actually take the case to trial if the insurance company is not reasonable.
Ask the lawyer if he has the resources to hire expert witnesses that will help develop the case, as far as accident reconstruction and visual acuity issues. Could the driver see the pedestrian? What was the driver’s field of vision? Ask whether the lawyer conducts focus groups for cases going to trial. Presenting the case to mock juries is important because it allows the lawyer to craft the case and present the case in the best light possible.
It’s also important to do online research. Research what past clients are saying about the lawyer. What do the Google reviews say about the lawyer? Avvo reviews? Facebook reviews? Are the clients pleased with their results? What are the star ratings? It’s also important to see what other lawyers rate the prospective lawyer. Other lawyers rate lawyers in services such as Super Lawyers, Martindale-Hubbell, and 100 Best High Stake Litigators. If the lawyer has high ratings in those review services by clients and other lawyers, that speaks well of that prospective lawyer.
If you have any questions about your pedestrian automobile accident case in North Augusta, give us a call. We’d be happy to help.
If you have been seriously hurt in a pedestrian accident and are looking for skilled and dependable North Augusta pedestrian accident lawyers, please call our office today to set up your free initial consultation. You can learn more about your case and we will give you guidance on how to receive the fullest possible compensation award.
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