Best Car Accident Lawyers in Charleston

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Bailey Glasser

Bailey Glasser

Charleston, United States

Founded in 1999
123 people in their team
Founded by Ben Bailey and Brian Glasser in 1999 in Charleston, West Virginia, Bailey Glasser has grown to include 76 lawyers, with 17 offices across...
English

About Car Accident Law in Charleston, United States

Car accident law in Charleston falls under the jurisdiction of South Carolina's broader traffic and personal injury laws. These laws operate under the principle of "comparative negligence," which means all parties in a car accident can share liability, depending on their respective fault percentage. This becomes important when seeking compensation for damages and injuries. Charleston, like the rest of the state, also operates under an "at-fault" system, meaning the party responsible for the accident bears the liability.

Why You May Need a Lawyer

A legal specialist may be required in several scenarios involving a car accident. In instances where severe injuries or fatalities are involved or when it's unclear who is at fault, getting legal counsel becomes crucial. Also, if your insurance company is proving difficult or not giving fair compensation, a lawyer can help. A lawyer will assist in compiling robust evidence, navigating the laws, and representing your interests in court or during settlement negotiations.

Local Laws Overview

Charleston, South Carolina, enforces certain local laws that are particularly relevant to car accidents. Firstly, South Carolina is an at-fault state, meaning the person at fault for the accident is responsible for the damages. Furthermore, the state adheres to a comparative negligence rule where the degree of compensation may be affected by the victim's role in the accident. Also, it's crucial to know that there's a three-year statute of limitations from the date of the accident to file a lawsuit in South Carolina for personal injury or property damage.

Frequently Asked Questions

What if the other driver doesn't have insurance?

South Carolina law requires drivers to carry uninsured motorist coverage. If you're hit by an uninsured driver, your insurance can cover you.

What to do if I'm partially at fault?

South Carolina follows the comparative negligence rule, meaning you can still recover damages even if you're partially at fault. However, your recovery could be reduced by your degree of fault.

How long do I have to file a claim?

South Carolina gives you three years from the date of the car accident to file a lawsuit for both personal injury and property damage.

Can I claim for pain and suffering?

Yes, you can claim for non-economic damages like pain and suffering. Establishing these damages often requires in-depth legal knowledge and experience, something a car accident attorney can assist with.

If the accident happened while working, can I sue the employer?

Under South Carolina law, if you were driving for work purposes and had an accident, you might be able to submit a worker's compensation claim and possibly a third-party lawsuit as well.

Additional Resources

For someone in need of legal advice, there are plenty of resources available. The South Carolina Bar Association, the South Carolina Department of Insurance, and the Charleston County Clerk of Court may provide relevant information regarding car accident claims and legal procedures.

Next Steps

If you need legal assistance regarding a car accident, it is advisable to contact a local personal injury lawyer specializing in car accidents. They can provide guidance related to your case, help you understand your rights, as well as represent you in court or insurance negotiations.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.