How Long Do I Have to File a Car Accident Lawsuit?

Each state enforces its own rules for how long you have to file a personal injury claim, so the time limit relevant to your car accident case will depend on where the accident occurred. In South Carolina, you typically have three years from the date of the collision to file a car accident lawsuit against a negligent driver. If you are suing a government entity, you will only have two years from the date of the crash to bring a claim. You will generally lose the right to recover damages if you do not start the legal process before the applicable deadline, so do not wait to get in touch with our South Carolina car accident attorneys.

When someone suffers fatal injuries in a car accident, deadlines work differently. The amount of time the executor of the deceased’s estate has to bring a wrongful death claim is tied to the date the victim passed away, not the date of the accident. In South Carolina, the statute of limitations for a wrongful death claim is three years. 

What Damages Can I Recover in a Car Accident Lawsuit?

In the wake of a car accident, you may be understandably stressed about how you will pay for your medical bills or cover lost wages from missed work. Fortunately, a car accident lawsuit allows you to get compensation for both economic and non-economic losses, meaning you can get money for both quantifiable expenses and less calculable consequences.

Our South Carolina car accident lawyers will fight to secure maximum compensation for all losses, including:

• Past, current, and future medical expenses
• Lost income and earning potential
• Property damage
• Loss of enjoyment of life
• Loss of consortium
• Pain and suffering

Can I Still Recover Compensation If I Was Partially At-Fault for a Car Accident?

Not all car accidents are cut and dry. More than one driver may have made a mistake that contributed to a collision. In these instances, you may not be sure whether you have a strong personal injury case. Whether you can still recover compensation in situations involving partial fault will depend on the size of your share of the blame and your state.

Some states, including South Carolina, use modified comparative negligence rules in situations of partial liability. This means that a car accident victim can still get partial compensation for damages so long as the court decides they were less than 51% responsible for the collision. Under modified comparative negligence rules, a car accident victim’s awarded compensation will be reduced by their percentage of fault, so someone with $100,000 in damages who is found to be 20% responsible for an auto collision would ultimately receive $80,000.

In pure comparative negligence states, the same principles of the percentage of fault determining what you recover still apply, with one crucial difference: An individual does not have to be less than 51% at-fault to recover. Even someone who is 95% at fault can still technically seek damages in pure comparative negligence states. A handful of other states follow pure contributory negligence rules, which do not allow car accident victims to recover any compensation if they share any level of fault, no matter how small. 

No matter your level of fault, we are committed to helping you recover as much as possible. We are prepared to refute allegations of partial liability and will explain how your state’s rules may impact your case.

How a Car Accident Lawyer Can Help

Even when a car accident was clearly caused by the negligence of another party, getting fair compensation may not be easy. The insurance companies are not on your side and will generally do everything in their power to pay you as little as possible, even if you have ample evidence, like a police report assigning fault to the other driver. When you hire an experienced attorney to represent you, you gain an ally who understands how to successfully navigate these cases and will fight to get you what you deserve. You can let our team at Bell Legal Group handle the legal work so that you can focus on your recovery. 

Do not wait to get legal advice if you were recently harmed in a collision. Call (843) 396-1777 or contact us online today!