Being involved in a car accident is a distressing experience. Even seemingly minor fender-benders can lead to significant headaches when you start dealing with insurance claims. Navigating the aftermath of a car wreck, especially when dealing with insurance companies and potentially uncooperative drivers, can quickly become overwhelming and leave you feeling unsupported.
Car accidents are unfortunately a common occurrence. Following a collision, understanding your rights and the necessary steps to take if you’ve been injured is crucial. In many instances, a personal injury attorney specializing in auto wrecks can be invaluable in helping you pursue the compensation you deserve. If you’ve sustained injuries due to another driver’s negligence, it’s time to reach out to experienced Myrtle Beach Auto Wreck Lawyers.
Myrtle Beach Auto Wreck Lawyers: Decades of Experience on Your Side
At Axelrod & Associates, our Myrtle Beach auto wreck lawyers bring over a century of combined experience to your aid if you’ve been injured in a car accident in South Carolina.
We recognize the profound disruption an auto wreck can cause in your life. Suddenly, you’re facing a barrage of challenges: dealing with insurance adjusters, lost income from missed work, mounting medical bills, and the hassle of vehicle repairs – all while trying to recover from injuries inflicted by a careless driver.
Our dedicated lawyers are here to shoulder the burden of dealing with insurance companies and fight to secure the maximum compensation you are entitled to under South Carolina law. We are committed to helping you navigate this complex process and get back on your feet.
Our Myrtle Beach auto wreck attorneys have extensive experience managing a wide spectrum of auto accident cases across South Carolina, including:
The team of experienced auto wreck lawyers at Axelrod & Associates in Myrtle Beach, SC.
How Can a Myrtle Beach Auto Wreck Lawyer Advocate For You?
If you or a loved one has suffered injuries in a car accident in SC, the skilled auto wreck attorneys at Axelrod & Associates are ready to take action on your behalf. Our team will:
- Provide a free consultation to thoroughly discuss your case and address all your concerns. We understand that travel may be difficult after an injury, and we are happy to come to you, whether you are at home or in the hospital.
- Conduct a comprehensive investigation into the accident, collaborating with accident reconstruction experts when necessary to determine the precise cause and contributing factors.
- Diligently gather all essential evidence to build a robust auto accident claim on your behalf. This includes police reports, witness statements, and traffic camera footage.
- Locate and interview witnesses to gain a complete understanding of the events leading up to the collision.
- Identify all potential avenues for compensation and insurance policies that may be applicable to your case, ensuring no stone is left unturned.
- Assist you in accessing the necessary medical treatment, connecting you with trusted medical professionals to ensure your recovery is prioritized.
- Demand full and fair compensation from the at-fault party and their insurance provider, aggressively advocating for your rights.
- Skillfully negotiate with insurance companies to reach a favorable settlement, protecting you from lowball offers and unfair tactics.
- File a personal injury lawsuit and vigorously litigate your claim in court if a fair settlement cannot be reached through negotiation.
- Represent you at trial, presenting a compelling case to a jury to ensure you receive the justice and compensation you deserve.
Is Hiring an Auto Wreck Lawyer Necessary After a Car Accident in South Carolina?
Legally, you are not mandated to hire an attorney after a car accident. However, if your goal is to have your medical expenses, property damage, and other losses fully covered by insurance or through a settlement, engaging legal representation is highly advisable. Without the expertise of an auto wreck lawyer, insurance companies are likely to offer settlements that are far less than you are rightfully owed, or even deny your claim altogether. Attempting to represent yourself significantly increases the risk of being held financially responsible for accident-related costs, even if you were not at fault.
Considering the unexpected financial strain that medical bills and car repair expenses can place on families, hiring a Myrtle Beach auto wreck lawyer from Axelrod & Associates becomes a critical step in safeguarding your family’s financial well-being and your overall health. We level the playing field against powerful insurance companies and ensure your rights are protected.
Choosing the Right Myrtle Beach Auto Wreck Attorney for Your Case
Selecting the right attorney to represent you after a car wreck can feel like a daunting task. It’s important to remember that attorneys are there to be your advocates and fight for your best interests. You should feel confident that any attorney you consider can provide the support and guidance you need during this challenging time.
Experience should be the paramount factor in your decision-making process. Inquire about a potential lawyer’s years of experience in personal injury law, specifically their track record in handling auto wreck cases similar to yours. A history of successful outcomes in car accident litigation indicates a higher likelihood of effectively managing your situation.
Open and honest communication with your attorney is also crucial. They will need you to recount the events of the accident with candor and may require you to revisit details that are emotionally difficult. It is essential to choose an attorney with whom you feel comfortable sharing sensitive information and building a relationship of trust. If you are unable to communicate openly and honestly with your lawyer, it can negatively impact your case. Prioritize finding someone you trust to guide you through this process.
Steps to Take Immediately Following a Car Accident in Myrtle Beach, SC
Myrtle Beach welcomes millions of visitors each year. Unfortunately, this influx of people also means a higher chance of traffic incidents, and some visitors, along with residents, are injured in motor vehicle accidents. Being injured in an accident is always difficult, but it’s particularly challenging when it happens while you are on vacation.
Here are essential steps to take if you are involved in a car accident in Myrtle Beach:
- Seek Immediate Medical Attention: Prioritize your health and safety. Seek medical evaluation immediately, even if you don’t believe you’ve sustained serious injuries. Do not delay seeking treatment until you return home. Insurance companies may use a delay in treatment to argue that your injuries were not serious or not accident-related.
- Avoid Giving Recorded Statements: The other driver’s insurance company may attempt to contact you and request a recorded statement. Politely decline to provide one without first consulting with legal counsel. Statements you make, even unintentionally, can be twisted and used against you to undermine your claim.
- Don’t Accept the First Settlement Offer: Insurance companies are businesses focused on minimizing payouts. The initial settlement offer you receive is almost always far less than the actual value of your claim and what you will need to cover your future medical care and lost income. Do not accept any settlement offer without first discussing it with an auto wreck lawyer.
- Contact a Local Myrtle Beach Auto Wreck Attorney: It is crucial to consult with an attorney who is licensed to practice law in South Carolina. Only a South Carolina-licensed attorney can represent you in South Carolina courts. If you have an attorney in your home state, they can collaborate with a local Myrtle Beach attorney to effectively protect your interests.
Our Myrtle Beach auto wreck lawyers offer a free, no-obligation initial consultation to discuss your case and advise you on the best course of action.
The Intersection of Car Accident Cases and Personal Injury Law
Personal injury law is the legal framework that governs car accident claims. Understanding the fundamentals of personal injury law is essential if you intend to pursue a claim for injuries sustained in a car wreck.
Personal injury claims arise when someone is harmed due to another party’s negligence. Negligence, in a legal context, means a failure to exercise reasonable care, resulting in harm to another person. Common examples of personal injury cases include medical malpractice, slip and fall incidents, and injuries from dog bites.
In car accident scenarios, a personal injury claim is valid if the other driver’s negligence caused the accident. Negligent driving behaviors encompass a wide range of actions, including:
- Texting or using a cell phone while driving (distracted driving)
- Eating or drinking while operating a vehicle
- Turning around to interact with passengers or objects in the back seat
- Driving under the influence of alcohol, drugs, or other impairing substances (DUI/DWI)
- Engaging in aggressive driving or road rage
- Speeding or driving at excessively slow speeds without justification
- Failing to use turn signals when changing lanes or turning
Essentially, any violation of traffic laws, signs, or signals constitutes negligence. A driver who acts negligently and causes an accident is legally responsible for the resulting damages and injuries.
A personal injury claim seeks to hold the negligent driver accountable for the harm they have caused. Compensation obtained through a personal injury settlement or court award can cover various damages, such as:
- Medical expenses related to accident injuries, including past and future costs
- Lost wages from time missed from work due to injury and recovery
- Diminished earning capacity if injuries result in long-term limitations on your ability to work
- Pain and suffering endured as a result of the accident and injuries
While your own car insurance may cover some accident-related costs, it typically will not fully compensate you for all your losses, particularly pain and suffering. A personal injury settlement can bridge this financial gap and provide more comprehensive compensation.
Identifying All Responsible Parties in a Car Wreck
Your Myrtle Beach auto wreck lawyer at Axelrod & Associates will conduct a thorough investigation to identify all potential sources of compensation. This includes not only the drivers directly responsible for the crash but also any third parties who may have contributed to the accident, as well as all applicable insurance policies.
Even if you bear some partial responsibility for the auto accident, you may still be eligible to recover compensation in South Carolina. SC adheres to a modified comparative negligence rule. This rule allows you to recover damages as long as you are determined to be 50% or less at fault for the accident. However, the amount of your recovery will be reduced proportionally to your percentage of fault as determined by a jury or through settlement negotiations.
Proving Fault and Negligence After a Car Accident in Myrtle Beach, SC
To secure the compensation you deserve after a car accident, your Myrtle Beach auto wreck attorney must establish fault, negligence, or both. This requires gathering compelling evidence to support your claim. Common types of evidence used in auto accident cases include:
- Photographs and videos of the accident scene, including vehicle positions, road conditions, and traffic signs
- CCTV footage from nearby businesses or traffic cameras that may have captured the accident
- Photographs documenting the injuries you sustained
- Medical records detailing your injuries, treatment, and prognosis
- Eyewitness accounts from individuals who witnessed the accident
- Your personal statement describing the events of the accident
- Photographs of vehicle damage and debris at the accident scene
If you are involved in a car accident and it is safe to do so, begin collecting information at the scene. Take photos of everything relevant, and obtain contact details from any witnesses. Record as much information as possible, even details that may seem insignificant at the time. Even seemingly minor details can be crucial in helping your Myrtle Beach auto wreck lawyer build a strong case and prove negligence or fault.
Understanding Damages and Compensation in Auto Wreck Cases
Your attorney will guide you in obtaining necessary medical care. It is critical to undergo a comprehensive medical evaluation, diligently follow all doctor’s recommendations, and either complete your medical treatment or obtain a reliable estimate of your future medical expenses before considering any settlement offer from an insurance company.
Your auto wreck lawyer at Axelrod & Associates will assist you in gathering your medical records, consulting with medical experts to accurately assess the extent of your injuries and future medical needs, and effectively presenting your claim to the insurance company or, if necessary, to a jury.
Navigating Car Accident Claims and Insurance Companies
Many individuals mistakenly believe that insurance companies are there to help them after an accident. However, a seasoned auto wreck attorney will tell you that insurance companies are businesses, and their primary objective is to maximize their profits. In practice, this often means minimizing payouts on claims, and insurance companies will employ various strategies to reduce or deny your claim.
Therefore, it is crucial to avoid communicating directly with the other driver’s insurance company without legal representation. Insurance adjusters are highly trained in techniques to elicit statements from accident victims that can be used to undermine their claims, even when they are not at fault. Speaking with an insurance representative without your attorney present could jeopardize your right to fair compensation and a successful personal injury case.
Instead of engaging with insurance companies directly, allow your attorney to handle all communications on your behalf. We are well-versed in the tactics insurance companies employ and can effectively navigate these interactions while safeguarding your case and protecting your rights.
When Should You Consider Filing a Lawsuit After a Myrtle Beach Car Accident?
If you’ve been involved in a car wreck in Myrtle Beach, SC, you may be wondering whether filing a lawsuit is the appropriate next step.
The answer is nuanced. In the majority of cases, a claim or demand letter is initiated before a lawsuit is filed. While you are not legally obligated to hire an attorney before making a claim, it is generally a wise decision.
Therefore, the key questions to consider are:
- When is the right time to hire an attorney to manage my auto accident claim?
- When should I formally initiate a claim?
- When is it necessary to file a lawsuit?
Let’s address each of these questions in detail:
-
When is the Right Time to Hire an Attorney After an Auto Accident?
If the accident resulted only in vehicle damage and there were no injuries, you might be able to resolve your property damage claim directly with the insurance company without needing an attorney.
However, if the accident involved any injuries or other significant damages caused by the at-fault driver, it is almost always beneficial to engage an auto wreck lawyer to assist you. A personal injury attorney specializing in car accidents possesses in-depth knowledge of the types of damages you are entitled to claim and the most effective strategies for recovering them. Your attorney will have the expertise to thoroughly investigate your claim and gather the necessary evidence to present a compelling case to the insurance company.
Your attorney will be skilled in preparing a demand letter for full compensation, determining the optimal timing for sending the demand, and knowing when to bypass the demand process altogether and proceed directly to filing a lawsuit. These are complex decisions that require practical experience in negotiating with insurance companies and litigating personal injury cases in court.
-
When Should You Initiate a Claim, and Who Should You Contact?
The optimal timing for initiating a claim depends on numerous factors, including the specific details of your case, the severity of your injuries, the strength of your evidence, and the particular insurance company involved.
Typically, a demand letter is sent to the at-fault driver’s insurance provider. However, there may be other insurance policies that could provide coverage. For example, there might be multiple drivers involved in the accident, an umbrella insurance policy in place, or your own insurance policy might offer coverage in certain situations.
It is crucial to refrain from sending a demand letter or agreeing to any settlement until you have completed all necessary medical treatment or consulted with a medical expert to calculate the projected future medical costs associated with your injuries. Your auto wreck attorney at Axelrod & Associates will help you identify and consult with appropriate experts who can provide testimony regarding future medical expenses and other economic damages. Your attorney will also advise you on the most strategic time to make your demand.
-
When is Filing a Lawsuit Necessary?
The decision to file a lawsuit also hinges on the specific circumstances of your case, particularly whether the insurance company is willing to offer a settlement that provides full and fair compensation for your injuries.
While there are instances where we may file a lawsuit immediately, bypassing the negotiation phase with the insurance company, in most situations, a lawsuit is only initiated after a demand has been made and the insurance company has either denied the claim or refused to offer an adequate settlement.
If the insurance company is unwilling to settle your claim fairly, the next step is to file a lawsuit against the at-fault driver and seek a jury trial to compel them to pay the compensation you are rightfully owed.
Experienced Auto Wreck Lawyers Serving Myrtle Beach, SC
The auto wreck attorneys at Axelrod & Associates have a deep understanding of personal injury law and the intricacies of dealing with South Carolina insurance companies. Your attorney will meticulously investigate your claim, gather all essential evidence, assist you in retaining the right expert witnesses for your case, skillfully negotiate with the insurance company to secure a favorable settlement, and, if necessary, advocate for you at trial before a jury to ensure you receive the compensation you deserve.
If you have been injured in a car accident, schedule a free, confidential consultation with a Myrtle Beach auto wreck lawyer at Axelrod & Associates. Call us today at 843-353-3449 or complete our convenient online contact form.
FAQs About South Carolina Auto Accident Laws
If you’ve been involved in a car accident, it’s natural to have questions about your rights and the legal process.
Below are answers to some frequently asked questions. However, this information is for general guidance only. It is essential to contact a Myrtle Beach auto wreck attorney as soon as possible to discuss the specifics of your situation and understand your legal options.
What Types of Damages Can I Recover After a Car Wreck in SC?
When applicable, you are entitled to seek compensation for a range of damages, including:
- All medical expenses incurred, such as emergency room visits, ambulance services, and doctor’s fees
- Costs of prescription medications and necessary medical equipment
- Future medical expenses, including long-term care if required due to your injuries
- Compensation for physical pain and emotional suffering
- Property damage to your vehicle or other personal property
- Lost wages for time missed from work due to your injuries, as well as future lost income if your injuries impact your earning capacity
- Loss of consortium, which refers to the loss of companionship and support for a spouse
- Compensation for disfigurement or permanent scarring resulting from the accident
- Other financial losses directly caused by the accident
- Punitive damages, in cases where the at-fault driver’s conduct was deemed grossly negligent or intentionally malicious
What Steps Should I Take Immediately After a Car Accident in Myrtle Beach, SC?
In the immediate aftermath of a car accident, you should:
- Report the accident to law enforcement and remain at the scene until officers arrive.
- If it is safe to do so, collect contact information from any witnesses present at the scene.
- If it is safe to do so and you are physically able, take photographs of the accident scene, road conditions, and damage to all vehicles involved.
- Seek medical attention promptly and diligently follow up on all medical recommendations provided by EMS personnel or emergency room physicians.
- Decline to provide any statements to the other driver’s insurance company without first consulting with an attorney.
- Contact a qualified auto wreck lawyer in Myrtle Beach as soon as possible to protect your rights and understand your legal options.
Do I Need a Myrtle Beach Auto Wreck Attorney if I’m Visiting from Out of State?
If you were injured in a car accident while visiting the Myrtle Beach area, it is highly advisable to schedule a consultation with a local auto wreck lawyer immediately, ideally before you depart from Myrtle Beach.
While your attorney back home can assist you in researching attorneys in the Myrtle Beach area, you ultimately need legal representation from an attorney who:
- Possesses in-depth knowledge of South Carolina law pertaining to liability and damages in car accident cases.
- Is licensed to practice law in the state of South Carolina.
- Has familiarity with the local courts, defense attorneys, and procedural rules in the Myrtle Beach area.
Is South Carolina a “No-Fault” Car Insurance State?
No, South Carolina is not a “no-fault” state. In South Carolina, the party whose negligence caused the car accident is legally responsible for the resulting damages. To recover compensation for your injuries and losses, you must prove three key elements: 1) negligence on the part of the other driver, 2) that this negligence was the direct cause of the accident (proximate cause), and 3) that you suffered actual damages as a result of the accident.
What Should I Do When the Other Driver’s Insurance Company Contacts Me?
The other driver’s insurance company’s objective is to minimize or deny your personal injury claim. One common tactic they employ is to contact you shortly after the accident and request a recorded statement. They will ask questions designed to elicit responses that could be used to argue that you were at fault for the accident or that your injuries are not as severe as you claim.
You may be able to resolve your property damage claim relatively quickly, as insurance companies often assign separate adjusters for property damage and personal injury claims. However, you should absolutely avoid giving a recorded statement to the insurance adjuster or answering any questions related to liability for the accident, the sequence of events, or the nature and extent of your injuries.
Your attorney is experienced in communicating with insurance adjusters and knows how to protect your rights. It is always best to have your auto wreck attorney handle all communication with insurance adjusters on your behalf.
What Happens If the At-Fault Driver is Uninsured or Underinsured?
If the driver who caused the accident does not have insurance, or if their insurance coverage is insufficient to fully compensate you for your losses, you may still have avenues for recovery. Potential sources of compensation in uninsured or underinsured motorist situations include:
- Your own auto insurance policy’s uninsured motorist (UM) or underinsured motorist (UIM) coverage, which is designed to protect you when you are hit by an uninsured or underinsured driver.
- Third parties who may also bear some responsibility for the accident, such as other drivers, individuals, or companies whose actions contributed to the crash.
- In certain circumstances, you may be able to pursue recovery from the at-fault driver’s personal assets or corporate assets if they have sufficient resources.
Contact Our Dedicated Myrtle Beach Auto Wreck Lawyers Today
If you have been injured in a car accident due to another driver’s negligence, the experienced Myrtle Beach auto wreck attorneys at Axelrod & Associates are here to help you pursue maximum compensation for your injuries and losses. Our team has a proven track record of success in handling auto accident cases, and we are committed to providing you with dedicated legal representation to help you recover and rebuild your life.
Call us today at 843-353-3449 or fill out our online contact form to schedule a free, no-obligation initial consultation. Let us put our experience to work for you.