The title of this blog post is “What are some common questions after a car accident” because in most car accident cases, there are some-albeit not many-common issues that arise. Remember that every car accident case is different-the facts from each individual car accident vary and not all people are the same. One person may have an injury that is different or more extensive or more disrupting to one’s life, than another.
We are a South Carolina law firm but can represent clients from all over the United States if the car accident occurred in the State of South Carolina. So to the extent that any of the information we provide in the blog post touches upon law, it is South Carolina law only.
From time to time we like to provide general information about common questions after a car accident that may arise.
Common Questions After a Car Accident
What are the time limits in car accident cases?
Recently, our law firm received a call from a client about a car accident. She had been told by the other at fault driver’s insurance company that even though she was in pain after the car accident, that it was “too late” to make a claim for personal injury. The car accident occurred just a week prior. This information from the insurance company adjuster is completely wrong. And there are several important lessons to learn here.
Get Advice from an Experienced Car Accident Lawyer
First, do not rely upon advice from the insurance company for the other driver. If you have questions, you need to seek out answers from an attorney. Call us and retain us to represent you. Your attorney will tell you the truth and give you the real, correct answer to any question you may have in your particular car accident case.
Second, the only time limit that you have to file a claim is the applicable statute of limitations. In South Carolina, a three year statute of limitations applies to most car accident claims. Thus you have three years from the date of the car accident to file a lawsuit. If you wait until after that three year mark, then you will be prohibited from bringing that claim.
Statue of Limitation of a Minor
There are some exceptions to this three year limitation period. Examples of these examples are if there is an injury to a minor or if the at fault drivers was working for a governmental entity. As to a governmental entity the statute of limitations is a two year statute. If a minor has suffered an injury in a car accident, then seek out the services of an attorney immediately. You should get specific legal advice from your attorney on the statute of limitations. But, generally speaking, a statute of limitations on a claim for injury to a minor child -a minor child under the age of 18- is one year after the child turns 18.
Again, do not rely upon this information for a specific answer to the statute of limitations in your individual case. Call us and retain us, and let us determine the correct and specific statute of limitations in your car accident case.
Other Common Questions After a Car Accident
Additional questions that we receive from clients: Who pays my bills if I am not at fault? Does my health insurance pay my bills even if its another persons fault for the car accident? How much is my pain and suffering worth?
Who pays my bills?
If you have health insurance, then you can file your bills through your health insurance and they will pay them. That is why you have health insurance-to protect you in the event you are injured. If your medical provider tells you they will not file your bills with your health insurance company, if you have been injured in an accident, call an attorney. As a result, your attorney will straighten the issue out with the hospital and your health insurance company. Almost always, your medical bills should be submitted to your health insurance and they will pay those bills.
What is compensation for pain and suffering?
How much monetary compensation are you allowed for the pain and suffering you have experienced? Regrettably, there is no concrete answer to that question. There are numerous factors that affect how much you should be compensated for pain and suffering. Ultimately, these are factors that are particular to you, your injuries, and your lifestyle. Remember, the origin of the word compensation is essentially “to balance” “to weigh”(consider) or “to pay”. The person that injured you is required to pay you to make up for the pain that they caused you. Thus, to compensate someone means to consider their injuries and the amounts that they are due and to pay them for their loss. And when you endure pain it is a loss.
Contact Us After a Car Accident
I am a personal injury lawyer who represents people and families in car accident cases in Greenville, S.C. and all over the upstate of South Carolina. Furthermore, I have, over the years, helped my clients understand what they can expect to receive in compensation for their pain they’ve suffered in a car accident. As a matter of fact, there are numerous factors, individual to each client that we consider in determining that amount. For this reason, call our offices to retain us in your personal injury car accident case. Together, we can determine how much you should be compensated. This includes money for pain and suffering and all of your losses sustained.
If you have been injured in a wreck, common questions after a car accident can frequently arise. Therefore, call our office to retain us for legal representation at 864-235-4999 locally in Greenville.