Is It Possible To File a Claim Without A Police Report?

Is It Possible To File a Claim Without A Police Report?

There is no legal requirement to have a police report to file a car accident claim in South Carolina. However, a police report can make the insurance claims process quicker and easier.

A police report indicates that you were involved in a car accident and provides essential information relevant to your claim. It is typically the safest choice to report all traffic accidents to the police. Consulting a car accident lawyer can also help you navigate the claims process, ensuring your rights are protected and maximizing the compensation you may be entitled to receive.

When Am I Required to File a Report for a Car Accident in Columbia, SC?

South Carolina Code of Laws §56-5-1260 states that the driver of a vehicle involved in a car accident must immediately report the accident to the police if the accident caused bodily injury or death. The operator will then dispatch law enforcement officers from the correct agency and emergency medical services to the scene.

The following section of the code (§56-5-1270) addresses what to do if the police do not investigate the accident. If the accident resulted in injury or death to someone or property damage of $1,000 or more, you must file a written report with the South Carolina Department of Motor Vehicles.

The report must be filed within 15 days of the accident. South Carolina’s Traffic Collision Report is the form you can use to report the crash.

It can be difficult to determine the amount of damage to a vehicle or if someone is injured. Some car accident injuries may take several hours or days to cause symptoms severe enough to seek medical attention. Therefore, it is wise to err on the side of caution and file the report. Filing a police report means you have an official record of the collision for insurance and claims purposes.

What Information Is Included in a Collision Report in South Carolina?

A car accident report contains information about the accident that is useful when seeking a personal injury settlement. In some cases, the report might lead you to other evidence that could help prove your case.

Information in a crash report includes, but is not limited to:

  • The location, date, and time of the crash
  • The owners and drivers of all vehicles involved in the crash
  • A description of the vehicles
  • Insurance information for each vehicle
  • A description of the accident scene, including road and weather conditions
  • Contact information for eyewitnesses
  • A description of how the collision occurred

A police report may also contain notes from the police officer with details gathered at the accident scene. Even though a police report is not conclusive proof of fault, the officer’s determination regarding fault may help you with an insurance claim.

What Should I Do After a Car Accident in Columbia, SC?

Columbia traffic can be challenging to navigate through. There are backups on I-26 and I-20 and in downtown Columbia. The stop-and-go traffic creates dangerous driving conditions. There always seems to be a car accident somewhere on your way to your destination.

If you are involved in a car accident, taking steps to protect your rights is crucial. Steps to take after a car accident include:

  • Call 911 to report the crash. Request police officers and medical services, if needed.
  • Document the accident scene by taking photographs of the vehicles, road conditions, and other items that could have contributed to the cause of the crash.
  • Ask witnesses and bystanders to provide their names and contact numbers.
  • Do not assume that you are at fault for the accident. Never apologize or say you caused the crash.
  • Be honest with the police officer, but stick to the facts instead of drawing your own conclusions.
  • Seek immediate medical attention for your injuries. Delays in medical care could make it more difficult to settle your claim.
  • Document your damages by keeping detailed notes about monetary losses and your struggle to recover from the accident.

It is wise to seek legal advice from a Columbia car accident attorney before discussing the accident with an insurance company. An attorney can advise you of your legal options for recovering economic and non-economic damages from the party who caused the car accident.

What Percentage Do Lawyers Take For A Personal Injury Case?

In Kentucky, a personal injury case is one in which one party is injured due to the negligence of another. In these cases, the injured party has the right to compensation from the responsible party. A car accident claim is a common type of personal injury case.

In most states, if the other driver was responsible for the accident, you can file a claim for compensation for any incurred expenses with the other driver’s insurance company. If you feel the insurance company isn’t offering you fair compensation for your injuries after a car accident, you can file a lawsuit against the other driver and the insurance company. 

Other types of personal injury cases follow a similar trajectory. Usually, the case starts with an insurance claim and only escalates to legal action if needed. While legal action may be uncommon, personal injury lawyers can help with all aspects of a claim, even if it never goes to trial — and many claimants receive more compensation when represented by a lawyer.

But are they receiving more compensation after fees are calculated? Surprisingly, in most cases, they are. Hendy Johnson Vaughn, PSC, an experienced personal injury law firm in Louisville, KY, shares what you need to know about the typical fee structure for personal injury lawyers and what percentage they generally take from the cases they handle.

How Contingency Fees Work With Personal Injury Lawyers?

It helps to understand that almost all personal injury lawyers work on a contingency fee basis. This means that they initially charge nothing and only get paid if they successfully obtain money for their clients. If a lawyer loses a case, then they go unpaid.

Conversely, when the lawyer wins money, they receive a percentage of all money obtained as their fee. What percentage they take can depend on several factors. 

As a general rule of contract law, a contract requires both parties to agree to the terms before it can be enforced. Thus, your lawyer must inform you of their fee structure and get your approval — preferably in writing — before performing services for you.

Many states also have explicit laws that require attorneys to disclose their fee structure before performing services. These regulations are often strictly enforced and could result in a lawyer losing their license to practice if ignored.

Expected Personal Injury Attorney Contingency Fee Percentages

In Kentucky, most contingency fees average between 33% and 40%, but there are plenty of exceptions and variations. One of the most common variations is based on how the case ends. Many personal injury attorneys will charge a lower percentage — usually 25% to 35% — for cases that end in a settlement and then increase the percentage if the case gets more complicated.

For example, an attorney might charge 30% before a lawsuit is filed, 37.5% after it is filed, and 45% if the case goes to trial. The middle value may seem strange, but it is common for cases to be resolved via settlement after a lawsuit is filed, yet before the trial begins.

Additionally, some personal injury lawyers will charge different amounts of money for different types of personal injury cases. For example, many personal injury attorneys charge lower contingency fees for workers’ compensation cases than they do for medical malpractice or car accident cases. Some lawyers may charge as little as 10% to 20% for workers’ compensation cases.

Contingency Fee State Regulations

Another reason that contingency fees may differ throughout the U.S. is that some states cap them. For example, Michigan law limits personal injury attorneys to taking one-third of any compensation obtained as a contingency fee. This limit applies to all types of personal injury cases.

Currently, there is a ballot measure in Nevada that would place an even lower limit on contingency fees in the state. If the measure passes, all contingency fees in civil cases would be limited to 20%, the lowest limit in the country.

Fees That Shock The Conscience Of The Court

Furthermore, contract law doesn’t allow anyone to agree to a patently unfair contract. When a contract “shocks the conscience” of the court, a judge may find it invalid. While there is no set value for what constitutes an unreasonable fee, values above 50% are likely to be considered suspect by most judges.

Personal Injury Lawyer Pro Bono Work

Finally, personal injury lawyers sometimes provide pro bono services to a client. Pro bono work usually involves cases where the client is being treated particularly unfairly or is permanently disabled. If you ask a lawyer to work for you pro bono, they may not agree. However, an attorney might offer to take your case pro bono after hearing your story.

Even when a lawyer isn’t taking a contingency fee, that doesn’t necessarily mean you won’t need to pay a certain amount by the end of the case. Lawyers who are working pro bono may still require you to pay expenses if they win the case for you. 

Those expenses could add up in a complicated case, but they will generally be set values rather than a percentage of your winnings.

The End Result Of Attorney Fees In Personal Injury Cases

In general, if you seek a personal injury attorney to represent you, that attorney will charge a percentage of any money they obtain for you at the end of the case. This percentage is, on average, about 33%. Even with a contingency fee, though, hiring a lawyer usually nets you more money than you would have received on your own.

What Types of Cases Do Personal Injury Lawyers Handle?

What Types of Cases Do Personal Injury Lawyers Handle?

In the aftermath of an accident, you may face the costs of your medical care and the additional financial challenges associated with being unable to work. However, if another person’s carelessness led to your injury, you must recognize that you have rights. Asserting them with the assistance of experienced personal injury attorneys can help you obtain full compensation.

Personal injury lawyers represent clients hurt under various circumstances brought about by another’s negligence or wrongdoing. If you have been injured and another party is to blame, speaking with an attorney about your rights and the next steps can be advantageous.

6 Types of Cases a Personal Injury Attorney Can Help With

Only some firms or attorneys will handle the same personal injury cases. You must carefully review a firm’s website or ask questions to ensure that an attorney you are considering hiring can represent you adequately. 

Nevertheless, most personal injury firms can help you if you have been hurt by any of the following:

1. Motor Vehicle Accidents

Collisions between cars, trucks, pedestrians, and bicyclists happen frequently and often result in some injury to one or both parties involved. These injuries can range from aches and pains to broken bones, spinal cord damage, and traumatic brain injuries. When these crashes result from one person’s carelessness, that person may bear financial responsibility.

A personal injury attorney can gather police reports and other existing records describing how the accident unfolded. They can also speak with witnesses who saw the accident and consult with experts if the cause of the crash is unknown. Finally, they can assist injury victims in navigating the insurance claims process and obtaining a fair settlement for their losses.

2. Slip and Fall Accidents

Slip and fall claims are a form of premises liability that seeks to hold property owners liable for injuries that guests suffer on their properties. In addition to slipping and falling, individuals may have legal rights if they trip down poorly lit stairs, are electrocuted, or are attacked by someone else while visiting a property.

Property owners’ legal obligations are complex, and an attorney’s first task is determining the exact obligations the owner owed you. Your lawyer will then look for videos, witness statements, and other evidence that can be used to show how the property owner violated these obligations. 

3. Medical Malpractice

Medical malpractice lawsuits are complicated matters involving massive amounts of medical records, opinions regarding the standards of care, and other relevant evidence. As such, not every law firm or personal injury attorney will handle medical malpractice cases. However, those who do can be of great value to you if you have been hurt because of negligent care. 

An attorney helps injured clients sift through the available information to determine whether their provider acted carelessly and is liable for damages. Besides doctors, medical malpractice cases can be filed against negligent surgeons, dentists, pharmacists, and hospitals, among others.

4. Dog Bites

You might not immediately consider the need for an attorney’s assistance after being bitten by a dog. However, in many states, dog owners are strictly liable for the harm their canines cause through such attacks. Individuals who suffer nerve damage or other severe injuries through a dog bite can seek the compensation they need for their expenses.

However, not every dog bite victim may be entitled to compensation. Those who have antagonized a dog or were trespassing at the time of the attack might be unable to recover damages. A skilled lawyer can help victims understand their rights and how to receive compensation.

5. Defective Products

You might instinctively trust that pharmaceuticals, cooking appliances, and other consumer products are safe for use. However, manufacturers who cut corners to increase their profit margins can allow dangerous products to enter the market. These can fail unexpectedly, resulting in severe injuries or even death.

A product liability attorney can analyze the design and marketing of a product that injured you, holding a manufacturer liable for damages caused by their dangerous products. Manufacturers may also face legal repercussions for failing to take adequate remedial measures (such as recalling or warning about the flawed product) once a defect is discovered.

6. Workplace Injuries

If you suffer an on-the-job injury, worker’s compensation benefits can help cover your medical expenses and some of your lost wages. However, in the event that someone besides your employer caused your injuries, you may be able to pursue additional compensation.

The interplay between a workplace accident and third-party negligence can be complicated, though. Thankfully, an experienced lawyer will not only advise you about your rights after you are injured at work but also help you manage your benefits and recovery so that you receive the full compensation you deserve.

Should You Contact a Personal Injury Lawyer?

If you have suffered an injury and incurred a financial loss as a result, you should consider having your case evaluated by a personal injury lawyer. Even if you think you did something wrong, you might be surprised to discover the legal rights you have. 

However, because personal injury lawsuits must be filed within the appropriate statute of limitations, it is best to consult an attorney sooner rather than later. Waiting too long to seek legal counsel can make it more difficult to receive the compensation you would otherwise deserve due to the loss of evidence and the unavailability of witnesses. 

Reaching Out For Legal Assistance Is the First Step To Recovery

You might not understand your legal rights following an accident. However, personal injury attorneys can assist individuals hurt by another’s carelessness under numerous and varied circumstances. And because many of them offer free consultations, you can often take the first step toward recovery and learn about your rights without any risk.