(864) 582-0416 Car accident victims often have to seek help from a personal injury lawyer. After getting hurt in a wreck, they have to deal with an insurance claims representative who’s trained to get the insurance company out cheap, or even file a lawsuit to recover damages to pay for unexpected expenses, such as hospital bills, lost earnings, or pain and suffering. Often, the other side may offer a settlement to these victims instead of going to trial.
Knowing how to handle Spartanburg car accident settlements can be challenging, but you don’t have to do it alone. At Holland & Usry, we have the experience to help you get your life back on track. Your car wreck attorney will provide a free case review where they’ll listen to your story and advise you about what to do next.
A settlement is a legal agreement between two parties that usually involves a payment offered by one party to the other to avoid a legal trial. In a car accident settlement, the insurance company of the driver who was at fault for the accident offers a payment to the people who were hurt because of it.
In Spartanburg, car wreck settlement agreements can be reached before or after a lawsuit is filed. Sometimes, they can be completed without needing to involve the court at all. However, South Carolina law says that settlements involving children or mentally disabled adults require approval from the court. This requirement is designed to protect injured parties, such as those who may have significant medical and other expenses.
A car accident victim doesn’t have to accept a settlement just because it was offered. An attorney can discuss the terms of the agreement and advise about its fairness.
Settling a car accident claim often involves difficult negotiations with insurance companies. In South Carolina’s fault-based insurance system, the at-fault driver’s insurance company is responsible for covering damages. However, insurers commonly contest who was at fault or try to make injuries seem less severe to offer lower settlement amounts.
A critical factor for the seriously injured car accident victim is making sure they know all available insurance coverage to pay a settlement. Many times, at-fault parties don’t have enough insurance to cover it. But victims may have a type of coverage on their own policy that can pay in that situation. It’s called “underinsurance.” Even though it’s on the victim’s policy, many are shocked to discover their own insurance company turns on them when they file a claim under it, defending the at-fault driver as if the at-fault driver paid the premiums. An experienced Spartanburg car accident lawyer can help you determine all available coverage and handle all the insurance companies to get you a fair settlement.
A crucial part of the insurance company’s strategy against victims is downplaying pain and suffering. An experienced Spartanburg car wreck lawyer can work with you to develop the story of your case, describing in compelling terms how your injuries affected you as a person to prove that what you suffered is real.
One important factor affecting car wreck settlement negotiations in Spartanburg is the modified comparative negligence rule. This is a legal principle used to determine fault in car accidents and other injury cases. Under this rule, a victim can still recover damages even if they’re partially at fault for causing the accident, but only if they’re 50 percent at fault or less.
For example, if a car accident victim has $100,000 in damages, but the court determines they’re 20 percent at fault, they can still recover $80,000 in damages. If they’re 50 percent at fault, they can still get $50,000. However, if the victim is judged to be 51 percent at fault, they recover no damages. Consequently, insurance companies try to shift the blame onto the victim to reduce or avoid payouts. An attorney at Holland & Usry has the experience to advise on how this rule may affect cases and any potential settlement offers.
When you’re trying to get your life back together after a serious accident, everything can feel overwhelming for you and your loved ones. It’s hard to juggle medical appointments, insurance claims, and everything else while recovering from the wreck.
Spartanburg car accident settlements can be time-consuming and confusing. If you aren’t sure what to do next, reach out to Holland & Usry for help. We can handle the legal work for you and advise you on what to do so you can focus on your recovery.
