If you’ve been involved in a car accident, you may be wondering if you should hire a lawyer and when it is and is not worth involving an attorney. This article will discuss when it’s in your best interest to work with a car accident attorney versus when you can likely handle the claims process on your own. 

If you have any questions about a collision or the content covered in this article, please don’t hesitate to call our office at (803) 888-2200. We understand the aftermath of an unexpected accident can be overwhelming, and we’re here and happy to help. 

With decades of combined experience handling car accident cases, here are some situations in which it’s definitely in your best interest to at least speak with an attorney. It’s important to remember that many law firms, including our firm, offer free case evaluations. You can speak with an award-winning car accident attorney at Cavanaugh & Thickens, LLC for free at any time by calling (803) 888-2200, Learn more about whether you should get a lawyer after a car accident. 

When Is It Worth Getting a Lawyer For a Car Accident in South Carolina? 

So, when should you consider having an attorney on your side after a car accident?

1. It’s Unclear Who Was At Fault For The Accident

Proving fault is a major part of all car accident claims, especially in South Carolina. South Carolina runs on a modified comparative negligence system. What this means for you:

  1. You may only recover compensation for any damages resulting from the accident if you are found to be no more than 50% at fault for the accident, and
  2. The amount of compensation you may recover is dependent on the percentage you are found to be at fault.

For example, if you are found to be 51% at-fault for the accident, you will not be able to recover any compensation for your injuries, property damage, or other resulting damages.

If you are found to be 40% at fault, you can recover up to 60% of a jury verdict.

A lawyer will conduct a thorough investigation into your accident to prove fault pursuant to state law, fighting to get you the entire compensation you deserve. It’s important to remember that even in clear liability accidents, insurance companies may try to get you to admit full or partial fault by asking misleading questions, requesting recorded statements, and other measures. Having a lawyer on your side protects you from insurance company tricks designed to limit or deny your payout.

2. Multiple Parties Are Involved

When multiple parties are involved, proving fault can be very tricky on your own. Proving fault is a critical component of all car accident cases, because it determines how much compensation, if any, you can recover. A lawyer will have the time, resources, and experience needed to obtain, preserve, and analyze critical data available in pileup car accidents to optimize your case and prove fault. 

3. You’ve Been Injured

If you were injured in an accident, an attorney will handle negotiations with the insurance companies so you’re not being taken advantage of.  In addition, they will help you understand the true value of your claim based on your injuries, the severity of your injuries, past and current medical bills, future medical care costs, pain and suffering, emotional trauma, and all other related damages. 

Knowing the legal process is covered allows you to focus your time and energy on healing. This is especially true if the accident resulted in severe injuries.

4. You Have Medical Bills Due to the Accident

When you have medical bills after a car accident, an experienced attorney will be able to use those to optimize and aggressively negotiate your personal injury claim. They will fight to make sure your settlement fairly covers those costs, as well as any present or future medical care costs associated with the accident. 

5. You Have Missed Work Due to the Accident

If you’ve missed work due to injuries resulting from an accident, a personal injury lawyer will help you prove and calculate lost wages, handle the insurance claims, and work to ensure you’re fairly compensated for that lost time through your car accident claim. 

6. The Accident Resulted in Catastrophic Injury

While a lawyer cannot go back and change what happened, they can help you secure the best outcome possible for your case and future. Catastrophic injuries can have lifelong impacts. A lawyer will conduct a thorough investigation into the accident; value your past, present, and future damages; work with medical experts; fight for maximum compensation; and aggressively litigate your case. When accidents result in catastrophic injuries, who you hire matters.

7. The Accident Resulted in Wrongful Death

If you lost a loved one in a car accident, we are so sorry. Following a wrongful death accident, having a compassionate legal team on your side will allow you to focus on healing. Your lawyer will fight the legal battle on your behalf: proving negligence, handling paperwork, and fighting to get you the compensation you deserve, all while holding the at-fault parties accountable to help prevent similar tragedies from happening in the future. We’re here to guide you and support you through the legal process. Reach out to our team today to learn more – we’re here for you.

8. The Police Report is Unclear or Not Accurate

You should always file a police report after a car accident. Sometimes, the police report may not be fully accurate. When this happens, it’s important to speak with a lawyer. A simple mistake on a police report could have a big impact on your case, so it’s important to call in a lawyer if you think the report has errors. 

9. Your Accident Involved a Drunk or Intoxicated Driver

If you or a loved one was hit by a drunk driver in South Carolina, it’s in your best interest to speak with a lawyer as soon as possible. A DUI accident attorney will be able to conduct a thorough investigation into the accident and the person who hit you.  Depending on the specifics of your case and what we find during our investigation, you may also qualify to file a dram shop liability case in addition to the personal injury claim. 

Lastly, you will likely qualify for punitive damages – a type of compensation designed to punish the defendant for reckless and illegal behavior in an attempt to prevent others from acting the same way in the future. In South Carolina, when an accident involves alcohol or drugs, there is no limit on the punitive damages a jury can award.

Our lawyers have recovered millions of dollars for clients who have been hit by drivers under the influence. We’re here to fight for you and hold the responsible parties accountable. 

10. You Were Driving For Work During The Accident

If you were in a car accident while working, you may qualify for workers’ compensation benefits in addition to compensation through a personal injury claim. Unlike the personal injury system, the South Carolina workers’ compensation system is a no-fault system, meaning you can typically work with an attorney to receive workers’ compensation benefits no matter who was at fault for the accident. If another driver was at-fault for the accident, you may also qualify for a third-party personal injury claim.

Our South Carolina injury firm handles workers’ compensation and personal injury cases, so we can help you understand your options under state law. If you have any questions or would like to speak with a lawyer about your case, call our office today at (803) 888-2200 or submit our online contact form and a member of our team will reach out to you shortly. 

11. You Have Emotional Damages After The Accident

Without an experienced attorney on your side, it can be very difficult to accurately value non-economic damages like pain and suffering, loss of consortium, emotional distress, lost enjoyment of life, permanent disfigurement, grief, pain, loss of support, and other emotional trauma.

A lawyer will help value your emotional damages using their experience and based on evidence like medical records, expert testimony, witness accounts, and more. Your attorney will also prove that negligence caused the accident, and that the accident caused the resulting physical, financial, and emotional distress.

12. The Insurance Company is Acting Improperly

Insurance companies often use a variety of tricks in an attempt to limit or deny claims, even valid claims. Oftentimes, this is an attempt to get you to A) admit fault, B) admit partial fault, (C) settle your claim prematurely, (D) run out of time on a statute of limitations or, (E) give up on your claim entirely. 

If you notice the insurance company is becoming unresponsive, spamming you with communication, losing important documents, asking you misleading or strangely worded questions, or other odd behavior, it’s in your best interest to at least speak with an attorney to protect your rights.

13. Your Settlement Offer Seems Low

Similar to the above, an insurance company might offer you a settlement that is much less than the true value of your case. Without a lawyer, it can be hard to identify what the true value of your case is. 

Even if the offer seems sufficient, we always recommend talking it over with a qualified attorney. Oftentimes, insurance companies will offer you a low settlement amount in hopes you will accept it. Once you accept it, you cannot go back and fight for more. 

It’s very important to remember that settlements must cover all past, present, and future costs related to the accident. You only have one shot at justice after a car accident, so we always recommend at least reviewing settlement offers with a lawyer before accepting them. 

Our lawyers have previous experience working at insurance defense firms, so we understand how to aggressively negotiate with insurance companies to get you what you deserve and make sure you’re being taken seriously. To speak with a reputable accident attorney at Cavanaugh & Thickens, LLC, simply call our office at (803) 888-2200, or email info@ctlawsc.com.

14. There Are Questions About Insurance Coverage or Status

Understanding what insurance coverage is available to you after a car accident is a critical, yet often very confusing, part of all personal injury claims. Luckily, an attorney can handle this for you. Generally, the at-fault party’s insurance company will be responsible for compensating you. But, as we’ve discussed, they may try to limit or deny your claim in an attempt to save themselves money at your expense. 

However, there are multiple additional instances in which understanding the coverage available to you can become more challenging. For example, if:

  • The at-fault driver was uninsured
  • The at-fault driver had minimum liability
  • Your damages exceed the limited liability policy

A lawyer will help you maximize your compensation by identifying all forms of coverage available via both the at-fault party’s policy and your own policies. They will look into excess liability coverage, umbrella policies, underinsured coverage, the at-fault party’s assets, uninsured coverage, MedPay, PIP, and more. 

When Is It Not Worth Getting a Lawyer After a Car Accident In South Carolina?

While you always have the option to speak with a lawyer for free, there are some times when you can likely handle the aftermath of a car accident on your own. For example:

  • There Were No Injuries: If you were not injured, you can likely handle the claims process on your own.  Remember, injury symptoms can take days and even weeks to appear, so you must get checked out by a medical professional and keep an eye out for any new or worsening symptoms after an accident. Learn more: 20 Delayed Symptoms After a Car Accident
  • You Only Want to Receive Compensation for Property Damage: If you were not injured and are seeking compensation for property damage only, you can likely handle it on your own through a simple property damage claim.

How Can A Personal Injury Lawyer Help You After a Car Accident?

There are many benefits to hiring a lawyer. They will take the legal burdens off of you so you can focus on healing. With Cavanaugh & Thickens, LLC on your side, you can expect our team to:

  • Fight to get you the best outcome possible for your case and future
  • Fairly value your case
  • Aggressively negotiate with insurance companies on your behalf
  • Conduct a thorough investigation into your case
  • Obtain, preserve, and analyze critical data
  • Prove negligence and fault
  • Identify all sources of coverage available
  • Handle all paperwork
  • Organize records
  • Ensure deadlines are met
  • Prepare your case for trial
  • Represent you in court
  • Keep you updated on the status of your case every step of the way

Our team at Cavanaugh & Thickens, LLC works on a client-focused and results-driven approach, meaning that you and your goals for the case are always our top-priority.

Speak with a Reputable Car Accident Attorney Today

With decades of combined experience handling car accident cases and millions of dollars in compensation recovered for clients following unexpected accidents, you can trust the team at Cavanaugh & Thickens, LLC to have your back after an unexpected accident. We’re here to help you with the confidence, care, and compassion you deserve. For a free case evaluation directly with a trusted car accident attorney, call our office today at (803) 888-2200, email info@ctlawsc.com, or start a website chat.

With offices in Columbia and Charleston, our lawyers travel to and represent clients throughout the state of South Carolina. We are also happy to provide out-of-state referrals.

Disclaimer: This article is presented for informational purposes only and is not legal advice.

Author – William H. Yarborough, Jr

My name is Will Yarborough, and I am a partner and personal injury attorney at Cavanaugh & Thickens, LLC. My practice primarily focuses on car and truck accident cases, and I represent injured people across the state of South Carolina.

I’m committed to ensuring that every single client gets the compensation and justice they deserve following serious and unexpected accidents.

You don’t have to go through the aftermath of an accident on your own. If you have any questions about the information in this article or are interested in becoming a client at Cavanaugh & Thickens, LLC, give me a call today. I’d be honored to help.

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