FAQ's

When someone is injured by another person or entity’s negligence, carelessness, or wrongful conduct, he or she can often seek compensation from the negligent party and his or her insurers.

It is in your best interests to only provide your contact information to an insurance company until you consult with a lawyer. The more significant your injuries, the more imperative it becomes to seek legal counsel before providing any statement.

About 95 percent of personal injury cases filed are settled prior to trial.

Some damages that might be under this category would be: aches, temporary and permanent limitations on activity, potential shortening of life, depression or scarring.

Source of collection – insurance or other assets from which damages can be recovered

Damages – the amount that will fairly and adequately compensate you for your injuries

Liability – establishing someone’s negligence

When the same defective product injures a large number of people, they may join together in a class action lawsuit to hold manufacturers and sellers liable for the injuries caused by their product.

Contact your local animal control agency or the police.

Both. In addition to South Carolina laws, your local communities might also have animal laws covering bites, leashing, and vaccinations. Your local laws might also ban ownership of certain breeds.

No.

An experienced personal injury lawyer reviews and interprets your case information to determine the appropriate value for your claim. Some factors that can influence the settlement amount include:

Incurred medical bill amount

Future medical bills

Loss of past income

Your age

Any permanent limitations caused by the injury impact on future earning capacity

Activities you can no longer do

Activities you can do but do not enjoy as much

Prognosis for further problems

Strength of lay witness testimony

No. While the insurance company might try to draw a direct correlation between damage done to your car and the severity of your personal injury, it is possible that the body sustains damage even if the car did not. The reverse may be also be true – a car might experience major impact but the people inside the car might only suffer minor cuts and bruises.

You must notify your employer of the injury. You should also tell your employer if you need medical attention. You may also have to notify the state industrial commission. [Under South Carolina workers compensation law, your employer and/or its insurance carrier can choose the physician.] An experienced workers compensation lawyer can help you understand the process, your rights in South Carolina, and file your claim.

Your claim may be denied if you fail to report injuries promptly or fail to cooperate with your employer and authorized treating physician regarding medical evaluations, treatment, rehabilitation services, and claim investigation. Your claim can also be denied if you refuse to return to suitable employment. Some other reasons for denial of claims include submittal of fraudulent information, refusal to take a drug test, and refusal to submit to a medical examination by the authorized treating physician.

Benefits are not payable if you are injured while engaged in willful misconduct or if your injury is due to the use of alcohol, drugs, or the misuse of controlled substances.

No.

This is called a third party suit. If your injury was caused by the negligence of a third party—other than another person who is also an employee of the company for which you work—you may have a right to sue that party.

If your employer and its insurance company deny coverage on the claim, you may file a claim with the South Carolina Workers’ Compensation Commission. There is a time limitation—all workers compensation statutes restrict the amount of time you or your dependent has to file a workers compensation claim, usually between one to three years from the date of injury, depending on certain factors. If your claim is for a job-related disease, the time limitation period begins when you learn you have the disease.

Yes.

Yes, and that is why it is possible to receive both Social Security Disability and workers’ compensation. Insurance companies can also define disability in other ways. Attorneys knowledgeable in this complex area of personal injury law, such as Berry & Carr Attorneys At Law, can work with you to explain the differences in easy-to-understand language and help you file all appropriate claims to receive the compensation you deserve.

The idea behind a wrongful death lawsuit is the wrongful death, in addition to injuring the person who died, also brought harm to the people who depended on that individual for financial and/or emotion support. The wrongful act might be:

A negligent or careless act (e.g., careless driving)

A reckless act

An intentional act (e.g., deliberate murder)

South Carolina law sets the time frame for filing. Time begins with the time of the incident or when the party became aware of or discovered the injury. The state will not honor a wrongful death claim filed after the legislated time frame and the opportunity to recover damages for the family will be forever lost.

South Carolina defines the person(s) allowed to bring a wrongful death suit. In South Carolina, a spouse and children may file. (In South Carolina, grandparents or other relatives may also be allowed to sue.) South Carolina restricts a filing in which one family member sues another for the wrongful death of a third family member.