We help victims of train accident cases get the representation that they need to get full and fair results after they have suffered serious injury. Here is some of the basics about these cases. Call our South Carolina injury lawyers for a free consultation to learn more.
Train Accident Statute of Limitations
Something that you should be aware of if you want to be compensated for your damages is the statute of limitations. Though you may find that the statute of limitations can vary slightly between different types of cases, it is important that you know the general time limitation is three years starting from the date of your accident. That means you have no more than three years to bring your claim or have it files in civil court. If you are late for this statute, then you will no longer be able to bring your claim.
The sooner you get to a lawyer about your claim, the better off you will be. It takes time to build a strong case and the longer you wait, the less time your lawyer will have to do that for you. Your evidence may go missing if you wait and your witnesses could forget key details that might be crucial to the success of your case.
Train Accident Case Compensation Overview
When you are seeking compensation, you are doing so from the insurance company of the liable party. They will be the ones responsible for covering your damages. In a case such as a slip and fall at someone’s residence, you would be asking the homeowner’s insurance company to cover your compensation. They can cover your damages including:
- Past and future lost wages
- Past and future medical bills
- Past and future pain and suffering
These damages are calculated and you will be given a compensation award based on the number that is determined. However, your award will be affected by the role you played in causing your accident. For instance, if you were speeding on the highway before someone side swiped you and caused an accident, the insurance company may deem you partially responsible for your injuries.
South Carolina is a shared fault state which means you can still collect compensation even if you are deemed partially at fault. The rules go as such:
- If you are 0% at fault, you can collect a full compensation award
- If you are 1% – 50% at fault, you can collect a partial compensation award
- If you are more than 50% at fault, you will be barred from receiving compensation
If you have been deemed 20% at fault and were given $10,000 in damages, you will be allowed to collect $8,000 to account for your fault in the accident.
One Case-Ruining Mistake to Avoid
The best way to protect your rights to full compensation is to avoid taking a phone call from the insurance company. They will reach out to you shortly after your accident and it is important that you do not give them a recorded statement. They will say that it will help resolve your claim, but they are only interested in protecting their bottom line. If you say something wrong, they can use that to reduce or eliminate your claim. The wisest thing to do is have your lawyer take over communication.
If you want to know more about train accident cases, please call our South Carolina injury lawyers right away and set up your free initial consultation today.