Trey Harrell

Who do I file a lawsuit against?

In some personal injury cases, there is a clearly identified guilty party. However, your Charleston personal injury lawyer may need to investigate your accident to determine why it happened and who caused it.

Should I file a claim or a lawsuit?

If you know why your accident happened, filing an insurance claim is the first step. Your attorney can often settle these claims without going to court, but a claim can progress to a lawsuit if needed. In some cases, filing a lawsuit is the better alternative, particularly if you’re unsure about the cause of your accident or the liable insurance company refuses to cooperate with negotiations. When you go to court, a judge or jury will decide whether you receive compensation and how much that compensation will be. Your attorney will discuss both options with you and help you decide.

What if I’m partially responsible for causing my accident?

In South Carolina, the modified comparative negligence laws allow you to seek compensation from other guilty parties as long as you are less than 50% responsible. However, expect to see a reduction in your compensation amounts. Insurance companies often try to place an unjustified percentage of blame on you to get out of paying claims. Your lawyer will ensure that your degree of blame is fair.