There are many myths about car accident lawsuits in SC, and mistakenly believing in them can negatively impact your case. By understanding the truth hidden behind these myths, you can be better prepared for your case and maximize your potential compensation.
Myth #1 – You Can’t File a Lawsuit If You’re Partially at Fault
Even if you are partially at fault for the car accident that caused your injuries, you can file a lawsuit. However, the compensation you could receive through that lawsuit may be reduced based on your degree of fault.
South Carolina follows a modified comparative negligence rule that reduces a plaintiff’s trial award by a percentage equal to their degree of fault. So, if you were 20 percent at fault, you would only recover 80 percent of your awarded compensation. And if you are more than 50 percent at fault, you cannot recover compensation at all.
However, you should never assume a jury will find you more than 50 percent at fault. Discussing your case with a lawyer is the best way to identify its strengths and weaknesses, and your lawyer may be able to secure at least partial compensation.
Myth #2 – You Don’t Need a Lawyer If the Insurance Company Offers a Settlement
Many people believe they can handle their car accident cases on their own, especially if the insurance company accepts their claim and offers a settlement. However, something to keep in mind is that insurance companies always look out for their own best interests, not yours.
If the insurance company offers a quick settlement, it usually means they want to end your case as soon as possible because it could get expensive for them. Oftentimes, these initial settlement offers are far lower than what your case is actually worth, and the insurance company is hoping you don’t know its real value.
An attorney can calculate the value of your case and help you seek fair compensation.
Myth #3 – Car Accident Lawsuits Always Go to Court
Most car accident lawsuits never make it to court. Instead, the majority of car accident cases end with an auto insurance settlement, often before a lawsuit is even filed.
In South Carolina, all drivers must carry at least the following amounts of liability insurance coverage:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $25,000 per accident for property damage
Typically, lawsuits are only filed if the at-fault party’s insurance policy limits the amount of compensation you are able to recover. And even if a lawsuit is filed, most lawsuits settle through negotiations rather than going to court.
Myth #4 – Minor Injuries Aren’t Worth Suing Over
If you sustained minor injuries in a car accident, you may not believe they’re worth suing over. However, those minor injuries may only be the beginning. Many car accident injuries have delayed symptoms that can take days or weeks to fully appear.
For example, you may have thought you sustained a simple neck strain that will heal in a few days and doesn’t disrupt your life too much. However, over time, you notice that your neck mobility is getting worse, the pain is spreading, and you’re having frequent headaches. This is often how whiplash symptoms initially appear and progress.
By taking steps immediately after an accident, such as seeking medical treatment, you can set yourself up for a successful legal suit later on.
Myth #5 – You Have Plenty of Time to File a Lawsuit
In South Carolina, car accident victims have three years to file lawsuits against the parties responsible for their injuries. That may sound like plenty of time, but you really need to start working on your case sooner rather than later to maximize your compensation.
Evidence doesn’t stick around forever. Accident scenes get cleaned up, surveillance and traffic camera footage gets overwritten, and eyewitness memories fade. The sooner you hire a lawyer to handle your case, the better the chances are that they’ll be able to gather the evidence you need before it’s too late.
Additionally, it takes time to build a strong case and negotiate with the at-fault driver’s insurance company. You don’t want your lawyer to have to rush, as that could compromise your case.
Myth #6 – You Can’t Sue an Uninsured Driver
If the driver who caused your injuries doesn’t have insurance, you may wonder what to do. Your first option for seeking compensation is to file an uninsured motorist claim with your insurance provider. However, if your uninsured motorist coverage doesn’t fully cover your expenses, you can also file a lawsuit against the uninsured driver.
It’s worth noting that someone who doesn’t have the legally required liability insurance may not have many assets. Even if you file a lawsuit against them, you still may not be able to recover the full compensation you’re seeking.
With that said, this doesn’t mean you should avoid seeking that compensation. Your lawyer can help you pursue whatever compensation is available, and they may be able to identify other avenues for recovering compensation, such as if other parties contributed to the accident.
Myth #7 – You’ll Get Rich from a Car Accident Lawsuit
Unfortunately, you won’t get rich from a car accident lawsuit. The compensation you receive through a negotiated settlement or trial award is for the losses you suffered due to your injuries.
This means the compensation goes toward your medical bills, lost wages, property damage, out-of-pocket expenses, and other losses. The point of a car accident lawsuit compensation is to make you “financially whole” again, not to put you in a better position than you were before the accident.
Your attorneys will also take their fee from your settlement or award, which is typically between 30 and 40 percent.
Contact Our South Carolina Car Accident Lawyers
If you were injured in a South Carolina car accident, don’t fall for the myths. Contact Murphy Crantford Meehan for a free consultation with a knowledgeable and experienced car accident lawyer. We’ll help you understand your rights and answer your questions about car accident lawsuits in SC.
