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Three Important Reasons You Should Speak With a Car Accident Attorney

Duncan and Nobles LLC May 1, 2024

Experiencing a car accident is undoubtedly traumatic, not just physically but also emotionally and financially. With what follows—from medical care to dealing with insurance companies—it's easy to feel lost and unsure of your next steps. This is where the invaluable advice of a car accident attorney comes into play, providing clarity and direction during a chaotic time.  

At Duncan and Nobles LLC, we firmly believe that seeking legal counsel is often the wisest choice for many reasons. Here are the top three reasons why consulting with a car accident lawyer is crucial:

1. Dealing With South Carolina’s Fault State Laws 

One of the pivotal roles a car accident attorney plays is in helping to establish negligence, a crucial step in the process of pursuing compensation under South Carolina's fault-based insurance system.  

In the event of a car accident, determining who was at fault is essential. Your attorney can gather evidence, including police reports, witness statements, and any available video footage, to build a strong case demonstrating the other party’s negligence. This is fundamental in South Carolina, where the law operates on a fault-based system for insurance claims.  

Comparative Negligence 

South Carolina follows the "comparative negligence" rule, meaning that compensation can be sought from any party that is found to be at fault in the accident. However, the amount of compensation you are entitled to receive can be reduced by the percentage of which you are found to be at fault.  

For instance, if you are deemed to be 20% responsible for an accident and the total damages are $10,000, you would be eligible to recover up to 80% of the damages, equating to $8,000. This system underscores the importance of proving the negligence of the other party involved, as your potential compensation directly correlates to the degree of fault each party bears.  

A skilled car accident lawyer, like those at Duncan and Nobles LLC, understands the nuances of South Carolina’s comparative negligence laws and how to effectively leverage them to benefit your case, ensuring you receive the maximum compensation possible for your losses. 

2. Negotiating With the Insurance Company 

The process of negotiating with insurance companies can be a stressful experience. Insurers might employ a range of tactics to limit their payouts, which could leave accident victims under-compensated—sometimes significantly so. An attorney can help level the playing field and ensure you're not taken advantage of. 

Dealing with insurers can be daunting, especially when trying to recover from injuries. Attorneys provide clients with peace of mind by handling all communication with insurance companies, ensuring that any statements given do not inadvertently hurt the claim. 

Maximizing Subrogation and Liens 

Understanding the intricacies of subrogation and liens is crucial for preventing any unexpected financial obligations post-settlement. Attorneys work to protect your recovery amount by skillfully managing these aspects of the case, which could significantly reduce the out-of-pocket amounts you might have to pay. 

3. Protecting Your Rights & Fighting for Your Rightful Compensation  

Suffering serious injuries in a car accident, such as spinal cord injuries, brain injuries, or permanent disfigurement, dramatically alters the trajectory of your claim. These cases usually involve lengthy treatment, high medical bills, and the potential for ongoing health issues. 

The Importance of a Medical Assessment 

An attorney will not rush to settle your claim when there are serious injuries involved. They understand that a true assessment of damages requires a comprehensive understanding of your prognosis. For instance, a spinal cord injury might not reveal the full scope of its impact until months after the initial accident. 

Fighting for Pain and Suffering Damages and Beyond 

In addition to medical bills and lost wages, serious injuries often lead to claims for pain and suffering and loss of enjoyment of life. These non-economic damages are challenging to quantify and often require a legal professional to argue and advocate for them effectively. 

Things to Ask a Personal Injury Attorney 

When seeking legal representation, it’s essential to ask the right questions to assess whether a specific lawyer or firm is the right fit. Consider inquiring about their approach to handling car accident claims, their experience, and how they plan to manage the dynamics of your case. 

Some of these questions include: 

  1. Do They Specialize in Personal Injury Cases? It is vital to work with a firm that specializes in personal injury cases. These attorneys will have the specific experience and insights necessary to handle car accident claims efficiently. 

  1. Will They Handle All Aspects of My Case? Transparency and clarity regarding the attorney's involvement in your case are crucial. You will want to know if they will personally handle every aspect of your claim or delegate certain tasks to other members of their team. 

  1. What Is Their Track Record of Success? While past results are not a guarantee of future successes, a track record of positive verdicts and settlements gives you a fair idea of an attorney's capabilities. 

  1. What Fees Do They Charge? Understanding the financial aspects of hiring an attorney is essential. Most personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win your case, which can relieve some of the financial stress victims might be under. 

By asking these questions, you can feel confident that you're choosing a professional who is not only qualified and experienced but also genuinely committed to your case.  

Reach Out Now for Professional Support 

Remember, the right attorney can make a significant difference in both the process and the final settlement. At Duncan and Nobles LLC, we're dedicated to providing transparent, effective, and compassionate representation to help you navigate through this challenging time.

Serving Rock Hill, South Carolina, and the surrounding areas throughout Chester County and Lancaster County, our firm is here for you.