Being involved in a car accident in Charleston, South Carolina, can be a life-altering event. Suddenly, you’re facing mounting medical bills, lost income from being unable to work, and the daunting task of dealing with insurance companies. If you’re injured due to someone else’s negligence, why should you bear the financial and emotional burden? At Mickelsen Dalton, our Charleston Auto Accident Lawyers are dedicated to helping victims like you navigate this challenging time and fight for the compensation you deserve. We offer a free, no-obligation consultation to discuss your case.
Why Choose a Charleston Auto Accident Lawyer?
Choosing the right legal representation after a car accident is crucial. At Mickelsen Dalton, our Charleston auto accident attorneys focus exclusively on personal injury law, making us uniquely positioned to understand and address your needs. Here’s why you should consider hiring us:
- Specialized Expertise: We concentrate solely on injury law. This focused approach means we possess in-depth knowledge and experience in handling car accident cases, unlike general practice firms.
- Client-Centered Approach: We understand the physical, emotional, and financial toll a car accident takes. We prioritize understanding your individual situation, medical requirements, and financial concerns to build a strong case tailored to your needs.
- Proven Track Record of Success: Our attorneys have a demonstrated history of securing substantial settlements and verdicts for our clients. In just three years, we’ve recovered over $40 million for injury victims, showcasing our commitment to achieving favorable outcomes.
- Genuine Care and Dedication: Beyond our legal expertise, we genuinely care about our clients. We are invested in the outcome of your case and are committed to providing compassionate and unwavering support throughout the legal process.
When you choose Mickelsen Dalton, you’re choosing a team that is dedicated to fighting for your rights and helping you rebuild your life after a car accident.
How a Charleston Auto Accident Lawyer Strengthens Your Claim
A skilled Charleston auto accident lawyer brings significant value to your car accident claim. Here’s how we can help:
Comprehensive Claim Investigation: Our legal team will conduct a thorough investigation into your accident to establish fault. This includes gathering crucial evidence such as police reports, witness statements, and analyzing accident scene photos and videos to reconstruct the events leading to the collision.
Organized Evidence Presentation: We meticulously organize all collected evidence, including medical records, lost wage documentation, and expert witness testimonies, to build a compelling and well-structured case that clearly demonstrates the impact of the accident on your life.
Effective Communication with Insurance Companies: Dealing with insurance adjusters can be complex and intimidating. We act as your advocate, handling all communication with insurance companies to protect you from unfair tactics and ensure your rights are upheld. We are skilled negotiators who will fight for a fair settlement on your behalf.
Expert Witness Consultation: In complex cases, expert witnesses can be vital. We collaborate with accident reconstruction specialists, medical professionals, and economists to provide expert testimony that strengthens your claim by linking your injuries directly to the accident and accurately assessing your long-term needs.
Strategic Damage Calculation and Maximization: We meticulously calculate all your potential damages, including both economic and non-economic losses, ensuring that no aspect of your suffering is overlooked. Our goal is to maximize your compensation to cover all current and future needs arising from the accident.
By entrusting your case to a Charleston auto accident lawyer at Mickelsen Dalton, you gain a powerful advocate who will handle every legal aspect, allowing you to focus on your recovery and well-being.
Understanding Damages in Charleston Car Accidents
If you’ve been injured in a car accident, understanding the types of compensation you may be entitled to is essential. Damages are categorized into economic, non-economic, and in some cases, punitive damages.
Economic Damages: Tangible Losses
Economic damages are designed to compensate you for the actual financial losses you’ve incurred due to the accident. These are quantifiable and include:
Medical Expenses: This covers all medical bills related to the accident, including current treatment, future medical care, rehabilitation, therapy, medications, and medical equipment.
Lost Income: You can recover lost wages if your injuries have prevented you from working. This includes not only wages already lost but also future earnings you may lose due to ongoing disabilities or reduced earning capacity.
Property Damage: If your vehicle or personal property was damaged in the accident, you are entitled to compensation for repair costs or the fair market value of the property if it’s irreparable.
Non-Economic Damages: Intangible Losses
Non-economic damages address the subjective, non-monetary losses you’ve experienced due to the accident. These are more challenging to quantify but are equally important:
Pain and Suffering: This compensates you for the physical pain and emotional distress caused by your injuries, including mental anguish, emotional trauma, and psychological suffering.
Loss of Consortium: This applies to the impact of your injuries on your marital relationship. If your injuries have affected your ability to provide companionship, intimacy, and support to your spouse, you may be entitled to compensation for loss of consortium.
Loss of Enjoyment of Life: If your injuries have diminished your ability to participate in hobbies, activities, and daily life enjoyment, you can seek damages for this loss.
Punitive Damages: When Recklessness is a Factor
In rare cases, punitive damages may be awarded if the at-fault driver’s actions were particularly reckless or egregious, such as drunk driving or intentional misconduct. Punitive damages are intended to punish the wrongdoer and deter similar behavior in the future.
Types of Charleston Auto Accident Cases We Handle
At Mickelsen Dalton, our Charleston auto accident lawyers have experience handling a wide range of car accident cases, including:
- Rollover Accidents
- Head-On Collisions
- Rear-End Collisions
- Hit-and-Run Accidents
- Truck Accidents
- Fatal Car Accidents (Wrongful Death)
- Pedestrian Accidents
- Motorcycle Accidents
- Bicycle Accidents
- Uber and Lyft Accidents
No matter the complexity or severity of your accident, we are prepared to provide you with dedicated legal representation.
Liability in Charleston Car Accidents: Comparative Negligence in SC
South Carolina follows a comparative negligence system. This means you can still recover compensation even if you were partially at fault for the accident, as long as your fault is less than 50%. Your compensation will be reduced by your percentage of fault.
For example, if you are found to be 20% at fault for an accident and your total damages are $10,000, you can recover $8,000 (80% of the damages). However, if you are found to be 50% or more at fault, you are barred from recovering any damages.
Obtaining Your South Carolina Car Accident Report: A Step-by-Step Guide
Obtaining your official South Carolina car accident report is a crucial step in the claims process. This report contains important details about the accident and can serve as valuable evidence. Here’s how to get it:
Online Access (Accidents after March 2012):
- Visit the South Carolina Department of Motor Vehicles (DMV) online portal for accident reports.
- Follow the instructions to search for and access your report electronically.
In-Person Request:
- Download and complete the “Request for Collision Report” Form FR-50 from the SCDMV website.
- Visit any SCDMV branch office.
- Submit the completed form and pay the required fee.
Mail Request:
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Download and complete the “Request for Collision Report” Form FR-50.
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Prepare a check or money order for the current fee (verify the amount on the SCDMV website).
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Mail the completed form and payment to:
South Carolina Department of Motor Vehicles
Titles Mail-in Unit FR-50
P.O Box 1498
Blythewood, SC 29016-0027
Navigating Insurance Companies After a Charleston Auto Accident
Dealing with insurance companies after a car accident can be a stressful and confusing process. It’s essential to understand that the insurance company, even your own, is primarily focused on protecting its financial interests, not necessarily yours.
Why You Need a Lawyer Before Talking to Insurance:
- Insurance Companies Are Not on Your Side: Insurance adjusters are trained to minimize payouts. Their goal is to settle your claim for the lowest amount possible, which may not fully cover your damages.
- Protecting Yourself from Misstatements: Anything you say to an insurance adjuster can be used against you to reduce or deny your claim. Even seemingly harmless statements can be twisted to undermine your case.
- Leveling the Playing Field: A Charleston auto accident lawyer acts as your advocate, protecting your rights and negotiating with the insurance company on your behalf. We understand insurance tactics and can effectively counter them to maximize your compensation.
By hiring a lawyer, you ensure that your claim is handled fairly and that you are not taken advantage of by the insurance company.
Statute of Limitations for Charleston Car Accident Lawsuits
In South Carolina, you have three years from the date of the car accident to file a personal injury lawsuit. Missing this deadline, known as the statute of limitations, means you lose your right to sue for damages. It’s crucial to act promptly and consult with a Charleston auto accident lawyer as soon as possible after your accident to protect your legal rights.
Common Injuries in Charleston Car Accidents and Compensation
Car accident injuries can range from minor to severe and life-altering. Our Charleston auto accident lawyers can help you recover compensation for a wide range of injuries, including:
- Neck Injuries and Whiplash
- Traumatic Brain Injuries (TBI)
- Broken Bones and Fractures
- Soft Tissue Injuries (Bruises, Sprains, Strains)
- Burns and Scarring
- Spinal Cord Injuries and Paralysis
- Disfigurement
- Internal Injuries
- Psychological Trauma (PTSD, Anxiety, Depression)
We understand the long-term impact these injuries can have on your life and will fight to secure compensation that covers not only your immediate medical needs but also ongoing care, rehabilitation, and long-term support.
Common Causes of Car Accidents in Charleston
Many car accidents are preventable and result from driver negligence. Common causes we see in Charleston include:
- Speeding: Exceeding posted speed limits or driving too fast for conditions is a leading cause of accidents.
- Distracted Driving: Texting, talking on the phone, eating, or any activity that diverts attention from driving are major contributors to accidents.
- Drunk Driving (DUI): Driving under the influence of alcohol or drugs significantly impairs driving ability and is a leading cause of serious accidents.
- Reckless Driving: Aggressive driving behaviors such as weaving, tailgating, and running red lights or stop signs increase accident risk.
- Failure to Yield: Not yielding the right-of-way to other vehicles or pedestrians is a frequent cause of collisions.
If your accident was caused by any of these negligent behaviors, you have the right to seek compensation from the at-fault driver.
What to Do Immediately After a Car Accident in Charleston
The moments following a car accident can be chaotic. Here are crucial steps to take to protect your safety and legal rights:
- Call 911: Report the accident to law enforcement immediately. Ensure medical assistance is dispatched if anyone is injured.
- Document the Scene: If you are able, take photos and videos of the accident scene, including vehicle damage, injuries, road conditions, and traffic signs.
- Seek Medical Attention: Prioritize your health and seek immediate medical evaluation, even if you don’t feel seriously injured. Some injuries may not be immediately apparent.
- Be Cautious with Insurance Companies: When filing a claim, be careful about what you say to the insurance company. Avoid signing any documents or providing a recorded statement without consulting with an attorney first.
- Contact a Charleston Auto Accident Lawyer: Reach out to Mickelsen Dalton for a free consultation to discuss your case and understand your legal options.
Charleston Auto Accident Claim FAQs
How Long Will It Take To Resolve My Case?
The timeline for resolving a car accident case varies depending on numerous factors, including the severity of injuries, complexity of liability, insurance company cooperation, and court schedules. Some cases may be resolved within months through settlement negotiations, while others, particularly those involving significant disputes or litigation, can take a year or longer. Our attorneys will work efficiently while ensuring your case is thoroughly prepared to maximize your chances of a favorable outcome.
How Do I Prove The Other Driver Was At Fault?
Proving fault involves demonstrating negligence, which means showing that the other driver breached their duty of care, causing the accident and your injuries. We gather evidence such as police reports, witness statements, traffic camera footage, and accident reconstruction analysis to establish negligence. We build a strong case demonstrating how the other driver’s actions led to the collision.
What If The Other Driver Doesn’t Have Insurance?
If the at-fault driver is uninsured, your Uninsured Motorist (UM) coverage, which is required in South Carolina, can provide compensation for your injuries and damages. We can help you navigate the UM claims process with your own insurance company to ensure you receive the benefits you are entitled to. If your UM coverage is insufficient, we will explore other avenues for recovery.
Case Results
- $4.0 Million Settlement | Motor Vehicle Accident, Wrongful Death
- $250,000 | Multi-Vehicle Car Accident Settlement
- $250,000 | Settlement for Multi-Vehicle Accident Involving Uber
Contact Our Charleston Auto Accident Lawyers Today
If you or a loved one has been injured in a car accident in Charleston, don’t navigate the aftermath alone. The experienced Charleston auto accident lawyers at Mickelsen Dalton are ready to stand by your side, fight for your rights, and help you secure the compensation you deserve. Contact us today for a free, no-obligation consultation. Let us help you take the first step towards recovery and justice.
