After an accident, you must have wondered whether you should hire a car accident lawyer or manage the case yourself and save the legal fees. Well, when certain questions are not clear regarding the accident, i.e. the liability of the party, the seriousness of the injuries and the limitation period, it is always better to request for the services of an attorney rather than losing the case or running for an attorney at a later stage.
Law in a car accident case
In the law of torts, accidents, including car accidents fall under negligence. Negligence is the failure to exercise the care expected to be exercised. There are various ingredients or elements that should be fulfilled to term it as negligence. The ingredients of negligence are as follows:
- Duty of care – The legal liability of a defendant lies upon the fact that there was a duty to care on the defendant.
- Breach of duty – To settle the question whether there was any breach of duty, first it has to be proved that the defendant had a duty towards the plaintiff. It is both subjective as well as objective. Also, to settle the question, it is seen whether the defendant has done what a reasonable person would have done in the same situation.
- Injury – Although there has been a breach of duty by the defendant, the plaintiff can take legal remedy only when he has suffered injury, e. a substantial loss.
When is a car attorney required?
As this law of negligence is a universal law and the same is followed in South Carolina, in the following circumstances, it is better to take the services of a Charleston car accident attorney to avoid a negative impact on you case:
- Disabilities or Severe Injury – When you have suffered severe injury causing a huge medical expenditure or have a long term injury which will incur medical bills in the future or permanent disability. Your attorney will help you to prove the injury.
- Liability – When the liability is not clear yet or is shared between the parties.
- Defendant refuse to pay – Even when you have a valid claim, the insurance company refuses to pay and they won’t reconsider the claim.
- The settlement amount is less – When the injury you suffered is of more value but the settlement amount offered is too less.
- Period of limitation – An attorney can help you to file your claim within the period of limitation, especially in the case where considerable time has passed after the occurrence of the accident and you have taken no action yet.
Hence, to avoid an adverse order or make the case go completely against you, it is always better to take the consultation of the car accident attorney when the case is quite a clear cut. Also, hire the services of the attorney from the beginning when the liability is not clear or shared, as while saving the legal fees you may lose out on the whole claim.