Even if you take every caution around other vehicles, obey all the rules of the road, and engage in safe driving behaviors, you are not immune from accidents caused by negligent drivers. If you were injured in a wreck that was not your fault, you might be feeling understandably frustrated and overwhelmed. Fortunately, if a careless driver caused your accident, you may have grounds to file suit against them and demand restitution for all your losses.
Car accident litigation can be complicated, even under the best circumstances, so you should not proceed with a claim before speaking with a Marion car accident lawyer from our firm. The skilled personal injury attorneys from Whetstone Perkins & Fulda could help you understand your rights, build a claim against the at-fault party, and maximize the amount of compensation available to you.
Establishing Liability for a Car Wreck in Marion
The central component of every personal injury claim is legal negligence. Proving that someone else is liable for a car wreck entails demonstrating:
- The at-fault party had a duty to act responsibly toward you
- The at-fault party failed to fulfill that obligation
- That failure directly caused an accident
- The accident resulted in compensable forms of harm
Everyone who operates a motor vehicle on public roads and highways automatically has a duty to obey traffic laws and act safely around other people. The first element of legal negligence will occasionally be in doubt if there are no witnesses or physical evidence and the parties disagree on what happened. In many cases showing a causal link between the reckless or careless act and the accident can be challenging, particularly where there are preexisting physical problems.
One of our local attorneys could help you gather relevant evidence to make your car accident case stronger and more compelling. We could also inform you of critical deadlines, such as the statute of limitations applicable to governmental entities and those stated in South Carolina Code of Laws § 15-3-530. We could work with you to submit your claim within the required filing period to avoid having your case dismissed.
What Impact Could Comparative Fault Have on Compensation?
Through a successful lawsuit or settlement demand, you could seek financial restitution for every loss you suffered due to the car crash, including economic damages like medical bills and lost wages, and non-economic damages like pain and lost enjoyment of life. However, the other party may argue that you were partially responsible for the vehicle collision, limiting the amount of compensation you may receive.
If the court concludes that you bear some of the fault for the accident, it may reduce whatever damage award you receive based on your percentage of fault. If you are found more than 50 percent liable, you may not recover compensation at all. A dedicated car crash lawyer in Marion could help you fight back against claims of partial fault.
Talk to a Marion Car Accident Attorney Today
Seeking financial compensation through a civil claim after a serious car crash can be a complex and labor-intensive endeavor. You need to present various forms of evidence to show that someone else is at fault for your injuries while complying with all relevant procedural rules in your case.