When an accident/incident causing damages occurs and it involves liability of another party or parties, evidence becomes crucial. Unless a party admits and doesn’t contest liability, evidence drives either successful settlement or a jury award. Starting after the accident, it’s important to gather the right evidence at the earliest possible time.

 

          When it comes to evidence, testimony from witnesses, including parties to the accident, is accepted as evidence in Court. The statements of the parties (or friends/relatives) will not hold as much weight as witnesses unconnected to parties with no interest in the matter. Parties are assumed to be biased, while disinterested witnesses are seen as more credible. Therefore, getting points of contact of potential witnesses to an accident is critical. Beyond witnesses to the accident, witnesses to the level of injury (damages) are also important to proving the level of damages.

 

         The damage to vehicles in a car wreck is solid evidence showing the nature of the impact and therefore liability. It’s important to have pictures before vehicles are repaired. Additionally, other material items effected by the wreck help tell the story and show liability. Finally, most vehicles have a “black box” vehicle recorder which tells what happened to the vehicle before, during, and after the accident. Third parties will usually pull and give the read-out from the vehicle black box.

 

         Medical documents of assessment of accident injuries, and particularly medicals from right after the accident, are critical. They prove the injuries and level of injuries and help prove the connection of the injury to the accident. This evidence will likely continue well after the accident, and it’s important to keep all these records. Similarly, evidence of lost wages from being out of work due to the accident is important. Any other such “losses” should be memorialized as evidence.

 

 
       A personal injury accident, whether a car wreck or slip-and-fall, is usually a traumatic experience.  At the time of the accident, the last thought is the specifics of when a lawsuit can be filed to cover damages. The first order of business is with treating the injury, first in the emergency room, and later with a follow-up visit to a primary care physician or physical therapist. After the injury is at least stabilized, the injured party looks toward covering damages caused by another's liability. Those damages can include medical bills, lost wages from time away from work due to the accident, and pain and suffering associated with the accident. In some cases, the injured party may have taken a great deal of time to decide to bring suit against the liable party or even seek counsel to do so.  It's important to know when the South Carolina Statute of Limitations (SOL) will prevent bringing suit due to the amount of time after the accident.
 
       First, it's important to know that states have differing SOLs for different types of civil causes of action. I am licensed in South Carolina but come into cases which have aspects crossing state lines and have learned about other states' SOL.  For example, from what I have seen, Georgia has a two-year statute of limitations for most civil actions.  At least one state I am aware (Tenn) has a one year SOL for many civil actions.  
 
      Second, beyond stabilizing injuries, there are other reasons why a party would not want to immediately file suit and therefore must pay close attention to the SOL. Your attorney should take some time investigating the incident and researching parties so he is ethically correct in signing off on the suit being filed.  That investigation goes beyond what a non-lawyer might expect, and should include ensuring statute(s) or case law allow for the cause of action and identifying all money sources involved (sometimes referred to as looking for the "deep pockets" if the damages are substantial). Lastly, it is wise for the attorney to make attempts to negotiate a settlement of the suit before filing.  In practice, most suits are settled before bringing suit, though the facts of the case and level of damages help drive the numbers of the settlement by prediction of what a jury might do at trial.
 
         In South Carolina, for non-government, private entities as the liable parties, the SOL is three years for most Civil Actions. For liability involving negligence, fraud, Insurance bad faith, conversion (theft) and suits under the SC Unfair Trade Practices Act, a person in South Carolina has three years from the date of accrual (usually from the date of the incident, but in some cases it can be a later date of reasonable "notice" of the wrong) to file the suit.  If not, the suit is forever barred.  Note that SC has a two year SOL for Defamation (libel or slander), false imprisonment, or any suit based on a statutory forfeiture/penalty to SC. Note: There are some other exceptions involving as low as one year SOL and beyond 3 years, but the general rule is three years for personal injury type cases.
 
      - For suing governmental entities for negligence, in SC the statute of limitations is generally two years from the date of accrual.  It's important to remember this nuance, and ensure to check whether the liable party is a governmental or public entity, as failure to make the time limit bars the suit forever.
 
     - It's important to understand that the suit must be filed on the "last day" before the SOL runs.  Once the suit is filed, the filing party has up to 120 days to serve the lawsuit on the other party.  Once it is served, the other party has 30 days to answer and potentially make counter-claims which must be answered in 30 days.  
 
     - If you retain counsel, it is the lawyer's job to file before the SOL.  If you have told your lawyer you want the suit filed within the SOL period and he misses the SOL, he can be sued in malpractice.  Regardless, as lawyers have many cases it's important to conduct follow up and ensure your case is not forever barred.  
 

THE BILL CONNOR LAW FIRM

Practicing Law, With Christian Values 

    

 
      When someone hurts you in an auto wreck and you require medical attention, bills can be substantial.  Just the bill for being transported from the scene of the accident to the emergency room will usually run at least $500.  The emergency room bill for solely evaluation after a wreck can run $4000 and higher.  When advanced diagnostic imaging is required, such as a CAT scan, the bill can run over $15,000.00.  If treatment is required, particularly an injury such as a broken bone, the bills can be quadruple the amount of the Emergency Room evaluation. An injury requiring ICU and/or surgery can run into the six figures. It is important to know what insurance coverage is available to help cover medical bills and compensate for damages like pain and suffering.
 
      In South Carolina, all drivers are required to have insurance coverage for anyone they might hurt up to at least $25,000.00 (usually termed "liability" coverage).  Drivers are not legally required to cover themselves, though the majority of drivers to have insurance for their own potential injuries not associated with another driver (usually called "collision" coverage). In addition to that coverage, most drivers will choose to cover themselves with "uninsured motorist" (UM) coverage, in case the other driver does not have insurance coverage.  along with UM coverage, most will also have associated "underinsured Motorist" (UIM) coverage, in case the amount of damages exceeds the other drivers liability limits.
 
      When the other driver, who is liable for hurting you, is uninsured, your own UM coverage will cover you up to the amount of the UM coverage.  That will be up to your own liability coverage, so if you choose "minimum limits" of $25,000, that is the amount of coverage available for UM.  Additionally, if the other liable driver is underinsured for the damages he caused, your own UIM coverage will exceed his liability coverage up to those limits.  Those limits will be up to what you have for liability coverage.
 
      What becomes important to understand is when damages exceed both liability and UIM coverage.  In South Carolina, policy owners are then allowed to "stack" policies for their other vehicles insured by that policy.  Therefore, if the hurt driver has 3 vehicles under the policy, with UIM limits of $25,000, he will have a total of $75,000 in UIM coverage in addition to the other driver's limits.
 
      One important coverage available to someone hurt in a wreck is "resident relative" coverage.  If someone is living with an immediate family member who has insurance coverage at the time of the accident, the hurt individual will likely be covered under the covered family member policy.  This is important for those who were uninsured at the time they were hurt and the liable driver is also uninsured.
 
      If the at fault driver is uninsured, the hurt party may still sue the driver over the damages caused in the accident.  The at fault driver could be found liable by the court and/or jury and have a judgment rendered.  At that point, they must pay the judgment, but usually a driver without insurance is also unable to personally pay a judgment.  That would leave the injured party stuck with the damages, and the reason for uninsured motorist coverage. 
 
      Always look for all available ways to cover injuries.

The Bill Connor Law Firm

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Orangeburg, SC 29115

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