Collisions are traumatic and can lead to severe long-term health complications. Even minor accidents, however, often cause soft tissue damage that may require medical treatment. For this reason, getting a fair settlement is crucial, and an attorney can help fight for you. If you would like to know more about how you can benefit from an attorney, keep reading.
They'll Fight to Prove You're Not At Fault
In many cases, the police can easily spot who caused the accident. For example, if a drunk driver sped around a corner into your lane and hit you, they're at fault. However, in many cases, the insurance carrier may try to argue you are also partially responsible. If the driver was not drunk, but they still sped around the corner and hit you, but you illegally parked in the middle of the road, you may be partially responsible.
South Carolina uses a comparative negligence system. In this system, you can still receive a settlement or collect from an insurance carrier if you were partially responsible for the accident. However, you have to be less than 51 percent at fault to qualify for a settlement.
At attorney can help fight to prove you are less than 51 percent at fault in accidents that aren't cut and dry, such as:
- Those involving multiple cars and collision
- Those involving alcohol or substance use
- Those involving license or insurance issues
- Those involving broken laws
An attorney has both the knowledge and training they received from law school and an extensive law library to help them prove you are not at fault.
They'll Help Get You a Fair Settlement
After a car accident, you may feel scared and be in pain. This may lead to poor decision making like accepting a low settlement before discovering the real extent of your injuries. Regardless of the severity of the accident, visit the doctor. A pain that seems insignificant now may lead to future complications. If you've already accepted a settlement, you can't re-sue or re-file for more money to pay for these complications.
With all your medical proof and information, the attorney will get you a fair settlement. Not only does this include enough to pay for your medical bills, but they will also fight to get you money for:
- Lost income
- Future lost income
- punitive damages
- Wrongful death
In addition, an attorney will help if you have pain and suffering. Pain and suffering refer to injuries that will last a long time, drastically affect the person and/or change their life and overall well-being. Pain & suffering is both physical and mental, and they easily overlap.
For example, an injury with a scar may leave you with nerve damage, which is a form of physical pain and suffering. You may also experience depression over the scar, which is mental pain and suffering.
They Typically Don't Get Paid if You Don't
Most personal injury attorneys use a contingency fee agreement. This means that they don't get paid unless they "obtain recovery for the client." If you do win your case, they'll take about 33 percent of the settlement. If there is no settlement, they may not get paid. For this reason, however, if they feel your claim is not valid, they may not agree to represent you.
However, every attorney is different, and some may still charge a flat rate or hourly rates for their services. In some cases, however, especially if you are forced to go to court, you may be able to sue for attorney and court fees. Make sure to find out how your attorney charges.
You may not think you can afford an attorney, but an attorney is actually a great way to boost your chances of getting a fair settlement after an accident. On top of that, you may not have to pay them if you don't get a settlement. If you would like to know more, contact us at Palmetto Injury Lawyers today.