You can seek legal recourse if you suffer serious injuries caused by a drunk driver. Find out how a DUI accident attorney in Charleston, SC can help you get compensation to cover the cost of medical bills, lost wages, and other related expenses.
Compensation for Drunk Driving Injury: Advice From a Charleston, SC DUI Accident Attorney
Understand the Available Damages
Unlike some states, South Carolina doesn’t limit the personal injury damages in a DUI case. You can recoup both economic and non-economic costs. Economic costs include the expenses you can tabulate, such as medical treatments, surgeries, time out of work, and property damage like the loss of your vehicle. Non-economic costs include expenses without a number attached, like loss of life enjoyment or pain and suffering.
In addition, the judge can award punitive damages in a DUI case. These fines punish the responsible individual in cases of extreme negligence. The state limits punitive damage to $500,000 or three times the personal injury damages awarded (whichever is larger).
Consult an Attorney Right Away
According to the statute of limitation in South Carolina, you only have three years to file a personal injury lawsuit. The clock starts on the day of the accident, so it’s important to act quickly if you plan to seek compensation for your injuries.
An experienced personal injury attorney knows the state laws about DUI accidents. They can help you navigate the court system and follow the necessary steps to get compensation for the cost of catastrophic injuries.
Gather Evidence
For a successful lawsuit, you need to show that the person directly caused your injuries by driving under the influence of drugs or alcohol. Evidence for a DUI personal injury case should include the police report from the incident as well as the results of any breath or blood test taken by the defendant. You can also present witness testimony as well as photos and videos of the accident scene.
The defendant may argue that you shared responsibility for the accident. For example, if you didn’t have your headlights on when the collision occurred, the judge could decide you have 20% of the fault for the incident. In this case, they would reduce the amount of your damages by 20%.
Collect Your Judgment
If you win the case, the judge will determine a fair amount based on the circumstances of the accident. The defendant has 30 days in South Carolina to challenge the judgment. After that period passes, your attorney can take steps to collect the awarded amount. For example, they can contact the person to arrange a payment plan and file a lien against personal property, such as the defendant’s home or vehicle.
When you hire a trustworthy personal injury attorney, you have someone on your side throughout the process of preparing your case and awaiting the results. They can help determine the appropriate amount to request for your injuries and put together the evidence you need for a successful hearing. Contact Yelverton Litigators in Charleston, SC today for the knowledgeable assistance you need after experiencing DUI injuries.
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