Car Accident Lawyer Charleston: Fighting for Your Rights After a Collision

Have you been injured in a car accident in Charleston, South Carolina? Dealing with the aftermath of a car crash can be overwhelming, especially when you’re facing mounting medical bills, lost wages, and the stress of dealing with insurance companies. If you’re feeling lost and unsure of where to turn, a Charleston car accident lawyer at Mickelsen Dalton can provide the guidance and support you need to navigate this challenging time and fight for the compensation you deserve. We offer a free consultation to discuss your case and help you understand your legal options.

Why Partner with Mickelsen Dalton for Your Car Accident Claim?

Choosing the right attorney after a car accident is a critical decision. At Mickelsen Dalton, our dedicated Charleston car accident attorneys are committed to providing exceptional legal representation to injury victims. Here’s what sets us apart:

Exclusive Focus on Injury Law: Personal injury law is our sole focus. This specialization allows us to dedicate our full resources and expertise to car accident cases and other injury claims, ensuring you receive focused and knowledgeable representation.
Deep Understanding of Client Needs: We understand the physical, emotional, and financial toll a car accident can take on your life. We are empathetic to your situation and committed to addressing your unique needs and concerns throughout the legal process.
Proven Track Record of Success: Our firm has a demonstrated history of achieving significant results for our clients. Within just three years, we have successfully recovered over $40 million in verdicts and settlements, demonstrating our ability to effectively advocate for our clients’ best interests.
Genuine Client Care: At Mickelsen Dalton, we prioritize our clients. We believe in building strong attorney-client relationships based on trust, open communication, and unwavering support. We genuinely care about your well-being and the outcome of your case.

Choosing Mickelsen Dalton means choosing a dedicated advocate who will stand by your side and fight tirelessly for your rights after a car accident.

How a Charleston Car Accident Attorney Can Strengthen Your Claim

Navigating the complexities of a car accident claim can be daunting. A skilled car accident lawyer in Charleston can provide invaluable assistance in numerous ways:

Thorough Claim Investigation: A crucial first step is to determine fault for the accident. Your attorney will conduct a comprehensive investigation, which may include:

Interviewing witnesses to gather firsthand accounts of the accident.
Reviewing the official police report for details and officer findings.
Analyzing available video footage from traffic cameras or surveillance systems.
Reconstructing the accident scene, if necessary, to understand the sequence of events.

Evidence Organization and Presentation: Gathered evidence must be organized and presented effectively to build a strong case. This involves:

Collecting and cataloging photographs of vehicle damage, accident scene, and injuries.
Securing and organizing medical records to document the extent of your injuries and treatment.
Obtaining witness statements in written or recorded form.
Preparing demonstrative evidence, such as accident diagrams or timelines, to visually explain the incident.

Expert Communication with Insurance Companies: Dealing with insurance adjusters can be stressful and confusing. Your attorney will act as your intermediary, handling all communications with insurance companies to protect your rights and prevent missteps. This includes:

Notifying all relevant insurance companies of the accident and your representation.
Managing all correspondence and phone calls with adjusters.
Negotiating settlements on your behalf to maximize your compensation.
Protecting you from potentially damaging tactics used by insurance companies to minimize payouts.

Expert Witness Consultation: In certain cases, expert witnesses are essential to strengthen your claim. These experts can provide crucial testimony and analysis, such as:

Medical experts who can link your injuries directly to the car accident and explain the long-term impact of your injuries.
Accident reconstruction specialists who can recreate the accident to demonstrate fault and causation.
Economic experts who can calculate the full extent of your economic losses, including future lost earnings.

Accurate Damage Calculation: Ensuring you receive full and fair compensation requires a comprehensive understanding of all types of damages you are entitled to recover. A Charleston accident lawyer will meticulously calculate your damages, including both:

- **Economic Damages:** These are quantifiable financial losses resulting from the accident, such as:
    - **Medical Expenses:**  Current and future medical bills, therapy costs, medication expenses, and rehabilitation.
    - **Lost Wages:**  Past and future income lost due to inability to work or reduced earning capacity.
    - **Property Damage:**  Costs to repair or replace your damaged vehicle and any other personal property damaged in the accident.

- **Non-Economic Damages:** These are intangible losses that are more subjective but equally important, such as:
    - **Pain and Suffering:**  Physical pain, emotional distress, mental anguish, and discomfort caused by the injuries.
    - **Loss of Consortium:**  Loss of companionship, intimacy, and support suffered by a spouse or family member due to the victim's injuries.
    - **Loss of Enjoyment of Life:**  Diminished ability to participate in hobbies, activities, and everyday life due to accident-related limitations.

By entrusting your case to a Charleston car accident lawyer, you gain a dedicated advocate who will manage every aspect of your claim, allowing you to focus on your recovery and well-being.

Understanding Damages in a Charleston Car Accident Case

If you’ve been hurt in a car accident, understanding the types of compensation available is crucial. South Carolina law allows victims to recover both economic and non-economic damages, and in some cases, punitive damages.

Economic Damages: Quantifiable Financial Losses

Economic damages are designed to compensate you for the direct financial costs you’ve incurred due to the accident. Examples include:

Medical Bills: This encompasses all medical expenses, from initial emergency care to ongoing treatment, surgeries, rehabilitation, and future medical needs directly related to the accident injuries.
Lost Wages: If your injuries have prevented you from working, you are entitled to recover lost income, including salary, wages, bonuses, and benefits. This also includes compensation for future lost earning capacity if your injuries impact your long-term ability to work.
Property Damage: Compensation for the repair or replacement of your vehicle and any other personal property damaged in the accident, such as cell phones, laptops, or personal belongings within the vehicle.

Non-Economic Damages: Intangible Losses

Non-economic damages address the subjective, non-monetary impacts of your injuries on your life. These can include:

Pain and Suffering: Compensation for the physical pain, discomfort, emotional distress, anxiety, and mental anguish you have endured and will continue to endure as a result of the accident.
Loss of Consortium: If your injuries have negatively impacted your relationship with your spouse, such as loss of intimacy, companionship, or emotional support, you may be entitled to loss of consortium damages.
Loss of Enjoyment of Life: This compensates you for the diminished quality of life due to your injuries. If you can no longer participate in hobbies, activities, or enjoy life as you did before the accident, you may be entitled to compensation.

Punitive Damages: In Cases of Recklessness

In rare cases where the at-fault driver’s conduct was particularly egregious, such as drunk driving or reckless behavior, punitive damages may be awarded. Punitive damages are not meant to compensate the victim but to punish the wrongdoer and deter similar conduct in the future.

Types of Car Accident Cases Handled by Mickelsen Dalton

At Mickelsen Dalton, our Charleston car accident lawyers have experience handling a wide range of motor vehicle accident cases, including:

Rollover Accidents: Accidents where a vehicle overturns, often resulting in serious injuries.
Head-On Collisions: Among the most dangerous types of accidents, frequently leading to severe and fatal injuries.
Rear-End Collisions: Common accidents that can cause whiplash and other injuries, especially in stop-and-go traffic.
Hit-and-Run Accidents: Cases where a driver leaves the scene of an accident without providing information or assistance.
Truck Accidents: Accidents involving large commercial trucks, often resulting in catastrophic injuries due to the size and weight of these vehicles.
Fatal Car Accidents: Tragic accidents resulting in the death of a loved one, for which we provide compassionate wrongful death representation.
Pedestrian Accidents: Accidents where vehicles strike pedestrians, often causing severe injuries to the unprotected pedestrian.

No matter the type or complexity of your car accident case, Mickelsen Dalton is prepared to provide dedicated legal advocacy.

Understanding Liability in Charleston Car Accidents: Comparative Negligence

South Carolina follows a comparative negligence system, meaning you can still recover compensation even if you were partially at fault for the accident. However, your recovery will be reduced by your percentage of fault.

50% Bar Rule: You can recover damages as long as you are less than 50% at fault. If you are found to be 50% or more at fault, you are barred from recovering any compensation.
Example: If you are awarded $100,000 in damages but are found to be 20% at fault, you will receive $80,000 (your award reduced by 20%).

This system underscores the importance of having a Charleston car accident lawyer to protect your rights and minimize any potential fault attributed to you.

Obtaining Your South Carolina Car Accident Report

An official accident report is a crucial piece of evidence in your car accident claim. It contains vital details about the crash and can help establish fault. Here’s how to obtain your report in South Carolina:

Understanding the Accident Report:

Creation: Police officers responding to the scene create an accident report based on their investigation, witness statements, and driver information.
Content: The report typically includes:
- Date, time, and location of the accident.
- Driver information (names, contact details, insurance).
- Witness statements.
- Descriptions of injuries and vehicle damage.
- Diagram of the accident scene.
- Officer’s opinion on contributing factors and traffic violations (note: this is not a final determination of liability).

Methods to Obtain Your Report:

Online: For accidents after March 2012, access the SCDMV online portal.
In-Person: Visit an SCDMV branch office and submit Form FR-50 “Request for Collision Report.”
By Mail: Mail Form FR-50 and a $6 check or money order to:

South Carolina Department of Motor Vehicles
Titles Mail-in Unit FR-50
P.O Box 1498
Blythewood, SC 29016-0027

Having your accident report readily available can streamline the claims process and provide valuable information to your Charleston accident attorney.

Navigating Insurance Companies After a Car Accident

Dealing with insurance companies can be a major source of stress after a car accident. It’s vital to understand that the insurance company’s priorities are not aligned with yours.

Insurance Companies Are Not on Your Side:

For-Profit Businesses: Insurance companies are businesses focused on maximizing profits. Paying out large settlements negatively impacts their bottom line.
Goal to Minimize Payouts: Insurance adjusters are trained to minimize settlement amounts, often by downplaying injuries, disputing fault, or using tactics to reduce your claim’s value.

Risks of Speaking to Insurance Adjusters Without an Attorney:

Potential to Jeopardize Your Claim: Anything you say to an adjuster can be used against you to reduce or deny your claim.
Misinterpreting Statements: Even seemingly harmless statements can be twisted or taken out of context to undermine your claim.
Lowball Offers: Insurance companies may offer quick, low settlements that do not fully compensate you for your losses.

Benefits of Attorney Representation in Insurance Negotiations:

Protection of Your Rights: Your attorney will handle all communication with insurance companies, ensuring your rights are protected and you are not taken advantage of.
Experienced Negotiation: Attorneys are skilled negotiators and know how to effectively counter insurance company tactics to maximize your settlement.
Accurate Claim Valuation: Your attorney will thoroughly assess your damages to ensure you demand and recover the full compensation you deserve.

Before speaking to any insurance adjuster, consult with a Charleston car accident lawyer at Mickelsen Dalton to protect your claim.

Statute of Limitations for Car Accident Lawsuits in South Carolina

In South Carolina, you have a limited time to file a lawsuit after a car accident.

Three-Year Deadline: The statute of limitations for personal injury lawsuits arising from car accidents in South Carolina is three years from the date of the accident.
Time is of the Essence: Failing to file a lawsuit within this three-year period means you lose your right to sue for damages.

To protect your legal rights, it is crucial to contact a Charleston car accident attorney as soon as possible after an accident to begin the claims process and ensure you meet all deadlines.

Common Car Accident Injuries We Help Charleston Victims With

Car accidents can result in a wide range of injuries, from minor to severe. Our Charleston accident attorneys have experience helping clients recover compensation for injuries including:

Neck Injuries and Whiplash: Common in rear-end collisions, causing pain, stiffness, and limited mobility.
Traumatic Brain Injuries (TBIs): Serious injuries resulting from impact to the head, potentially causing cognitive, physical, and emotional impairments.
Broken Bones: Fractures ranging from simple breaks to complex, requiring surgery and extensive rehabilitation.
Bruises and Lacerations: Soft tissue injuries and cuts, which can be painful and disfiguring.
Burns: Injuries caused by fire or contact with hot surfaces, varying in severity and requiring specialized medical care.
Disfigurement and Scarring: Permanent changes to appearance caused by injuries, leading to emotional distress and potential need for cosmetic procedures.
Spinal Cord Injuries: Severe injuries to the spinal cord, potentially causing paralysis and lifelong disability.
Paralysis (Paraplegia, Quadriplegia): Loss of movement and sensation, often resulting from spinal cord injuries, requiring extensive and ongoing care.

This list is not exhaustive. Regardless of the specific injuries you sustained, Mickelsen Dalton is dedicated to helping you recover the compensation you need for medical treatment, rehabilitation, and long-term care.

Common Causes of Car Accidents in Charleston

Understanding the common causes of car accidents can highlight preventable dangers on the road. Some frequent factors include:

Speeding: Exceeding speed limits significantly increases the risk of accidents and the severity of injuries.
Drunk Driving: Driving under the influence of alcohol is a major cause of accidents and is illegal and reckless behavior.
Distracted Driving: Any activity that diverts attention from driving, such as texting, talking on the phone, eating, or adjusting the radio, significantly increases accident risk.

If you have been injured due to the negligence of another driver, including these common causes, a Charleston car accident lawyer can help you hold them accountable.

What to Do Immediately After a Car Accident in Charleston

The moments after a car accident are critical. Here are essential steps to take:

Call 911: Report the accident immediately to ensure police and medical assistance are dispatched.
Document the Scene: If safe to do so, take photos and videos of vehicle damage, accident scene, injuries, and road conditions.
Seek Medical Care: Prioritize your health and get immediate medical attention, even if you don’t feel seriously injured. Some injuries may not be immediately apparent.
Be Cautious with Insurance: When filing a claim, be careful about what you say to the insurance company. Do not sign any documents or give a recorded statement without consulting an attorney.
Contact a Charleston Car Accident Lawyer: Reach out to Mickelsen Dalton for a free consultation to discuss your case and understand your legal rights and options.

Your Trusted Charleston Car Accident Lawyers Are Here to Help

If you’ve been injured in a car accident in Charleston, you don’t have to face the challenges alone. The experienced trial attorneys at Mickelsen Dalton are ready to stand by your side, fight for your rights, and help you recover the compensation you deserve. Contact us today for a free, no-obligation consultation and let us guide you through the legal process.

Car Accident Claim FAQs

How Long Will My Car Accident Case Take to Resolve?

The timeline for resolving a car accident case varies depending on numerous factors:

Severity of Injuries: More severe injuries often lead to longer cases due to extensive medical treatment and long-term impact assessment.
Liability Disputes: Disagreements about who was at fault can prolong the process as investigations and potentially litigation are needed.
Insurance Company Cooperation: The willingness of the insurance company to negotiate fairly significantly impacts the timeline. Uncooperative insurers can delay resolution.
Negotiation Process: Negotiations themselves can take time as offers and counteroffers are exchanged.
Court Schedules: If a lawsuit is necessary, court schedules and backlogs can influence the duration.
Case Complexity: Complex cases with multiple parties or intricate legal issues typically take longer.
State Laws and Procedures: Jurisdictional rules and legal processes can affect the timeline.

While some cases resolve in months, others may take a year or more. Patience and thoroughness are key to achieving a fair outcome. An experienced attorney can help expedite the process while protecting your interests.

How Can I Prove the Other Driver Was At Fault?

Proving fault in a car accident case relies on establishing negligence. Negligence means the at-fault driver failed to exercise reasonable care, leading to the accident. To prove negligence, you must demonstrate:

Duty of Care: The other driver owed you a duty to drive safely.
Breach of Duty: They violated that duty through unsafe actions (speeding, distracted driving, etc.).
Causation: Their breach of duty directly caused the accident.
Proximate Cause: Your injuries were a foreseeable result of their negligence.
Damages: You suffered actual losses (medical bills, lost wages, etc.).

Evidence like police reports, witness statements, photos, videos, and expert testimony are crucial to prove negligence. A Charleston car accident lawyer can gather and present this evidence effectively.

What Happens if the Other Driver Is Uninsured?

If the at-fault driver is uninsured, it complicates the process, but you still have options:

Uninsured Motorist (UM) Coverage: South Carolina requires UM coverage on your own auto insurance policy. This coverage steps in to compensate you when an uninsured driver is at fault.
Underinsured Motorist (UIM) Coverage: If the at-fault driver has insurance, but it’s insufficient to cover your damages, UIM coverage can provide additional compensation (if you have it).
Legal Action: You may still be able to sue the uninsured driver personally, although recovering assets may be challenging.

In uninsured motorist situations, it’s essential to notify your insurance company and consult with a Charleston car accident attorney to explore your options and protect your rights.

Case Results

$4.0M Settlement | Motor Vehicle Accident, Wrongful Death
$250K | Multi-Vehicle Car Accident
$250K | Multi-Vehicle Accident Involving Uber

Contact Experienced Charleston Car Accident Attorneys Today

Don’t navigate the aftermath of a car accident alone. Contact Mickelsen Dalton today for a free consultation and let our experienced Charleston car accident lawyers fight for the justice and compensation you deserve. We are here to help you through this challenging time and work towards the best possible outcome for your case.