What to Expect if You’ve Been Injured in a Car Accident in South Carolina

If you have suffered injuries as a result of a car accident you probably have many questions regarding lost wages, medical bills, and pain and suffering.  Listed below are some of the most frequently asked questions regarding your rights and compensation if you have been involved in a motor vehicle accident.

1.    What should I do first after being involved in an automobile accident?
Call the police or the emergency medical personnel immediately.  Once everyone is safe, information can be obtained regarding all of the parties involved.
As soon as possible when it is safe to do so, your insurance company should be informed about the accident.

2.    How will my medical bills get paid?
In South Carolina, if you have purchased med pay with your auto insurance, this will cover you and the other passengers in your car regardless of fault.  If you have not purchased med pay, you will need to use your health insurance.
If you were on a bicycle or a pedestrian, the medical bills will be paid by the auto insurance that insured the car that was at fault.

3.    Do I have to reimburse the health insurance company if I receive a settlement?
If your medical bills exceed your medpay amount on your auto policy, the health insurance company may be entitled to reimbursement from your settlement.

4.     Will I be compensated for pain and suffering?
If the injuries you sustained were caused by another party’s negligence, you may be entitled to additional compensation. 

5.    What can I expect to recover for my car accident injuries?
The value of your claim depends on various factors.  No lawyer can responsibly evaluate a claim until the your doctor says you have reached maximum medical improvement.  This does not mean that you will return to your pre-accident condition, it means that the doctor does not anticipate any changes in your condition.  Once the personal injury lawyer has received confirmation of maximum medical improvement from your doctor, your attorney will advise you as to the potential value of your claim.

6.    How will I pay the personal injury lawyer?
When you hire your personal injury lawyer, you will sign an Authority to Represent which will state the fee agreement.  Because most people do not have the money available to pay a lawyer in connection with a personal injury claim, the lawyer will work on a contingent fee basis.  This means that the auto accident lawyer will agree to accept a percentage of the amount recovered.  This fee is usually one-third of the settlement.

7.    How long will the case take?
The amount of time to resolve a personal injury claim varies from case to case.  If there are serious injuries and complex theories of liability, the case could take years to settle.  On the other hand, if there are less serious injuries and more obvious liability, the case may be settled in a matter of months.

8.    Will I have to go to court?
Most personal injury claims are settled before going to court; however, an experienced personal injury lawyer must be prepared to bring the case to trial if an acceptable settlement cannot be reached.  Your personal injury lawyer will advise you as to which option is best for you.

If you have been injured in a car accident, remember:
·    Seek the advice of a personal injury attorney;
·    Communicate with your personal injury lawyer regularly; and
·    A properly handled case takes time to prepare.  Do not rush the case.

Have you been injured in a car accident?
Find out if you have a case.  If you have suffered an injury in an auto accident due to another car driver’s negligence, contact us for a free consultation at 843-839-2900 or 800-948-7425.  If you need a lawyer outside of South Carolina, Georgia or Florida, contact us for a referral.