Seeking Answers for Your Injury or Accident Claim? Look No Further
After an accident occurs or an injury is suffered, you may feel lost and confused. Few people who have suffered an accident or incurred an injury have an extensive background in this area. Without this knowledge, they are left wondering how best to proceed in order to protect their legal rights. Fortunately, we are here to provide you with the answers that you are looking for. Check out our many frequently asked questions and their accompanying answers for more information.
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What are "punitive damages"?
Punitive damages are damages that are awarded for the purpose of punishment or with the intent of deterring the behavior that brought about the injuries or damages. In real world terms, this type of damages is awarded when the accident that caused the Plaintiff's injuries was reckless conduct more extreme than an ordinary accident.
A good example of a case where punitive damages are often awarded is a case where a drunk driver caused a car accident. Because driving drunk is such an extreme violation of the law, a Plaintiff that is injured in an automobile accident that is caused by a drunk driver is entitled to punitive damages in addition to the damages he would be entitled to in a typical car wreck.
If you have been injured in a motor vehicle accident and need advice from an experienced South Carolina personal injury attorney, contact the Shelly Leeke Law Firm today at 843-277-6061!
What is a Personal Injury?
A personal injury is an injury to the body, mind or emotions. You may have a personal injury and not have a personal injury case. An actionable personal injury case can only come about when the injury has been caused by the negligence of another.
For a detailed explanation of personal injury, read the full article.
For personal injury claim examples, click here.
I just received a medical authorization form in the mail form the insurance company. What should I do?
If you sign a medical authorization for the insurance company, you are granting them full access to all of your medical history and personal information. You should never sign a health authorization for the insurance company until you have first spoken with a qualified personal injury about your case. We will be happy to discuss your options if you have been involved in an auto accident and have questions about your case, For Free, Call 843-277-6061, or email us by clicking here.
Will I be reimbursed for the prescription medications I paid for medications I was prescribed for my injuries?
Yes, You are entitled to reimbursement for the amount you paid for prescription medications, as long as they were prescribed by your doctor as a result of the injuries you suffered in the accident.The amount you paid will be included in the total settlement you receive. It is important that you keep receipts for all of your out of pocket expenses and give them to your attorney so that he/she may include this amount when negotiating your settlement.
If I accept the insurance adjuster's settlement offer, will the insurance company still pay my medical bills?
No. Once you accept an offer from the at fault party's insurance company, your case will be over. When the insurance company settles with you, all claims that you have against the other driver and the insurance company will be released. You will be responsible for all bills that are outstanding once you accept an offer and settle with the insurance company.
Remember, adjusters work for hte insurance company. This means that their primary interest is in saving the insurance company money. Their settlement offer may or may not be a reasonable offer, but keep in mind that their goal is to settle with injured parties for as little as possible. Our firm will review any settlement offer you have. Contact our office for details.
I do construction work and was injured while on the job. My boss is a general contractor and he calls me when he has a job available. I have mounting medical bills from the back in jury I suffered from falling off a ladder. Does my boss have to pay my medical bills?
Yes. In South Carolina, all employers are required to pay for injuries sustained by their employees while on the job. Under the Workers' Compensation Act, sub-contractors are considered employees of the general contractor for whom they are working. If your boss is a general contractor and you were injured on the job, he, or his insurance provider, is required to cover your medical bills. To learn more about your work injury claim, you should contact an experienced workers' compensation law firm. Click here or contact us at 843-277-6061.
Do I have to report my work injury to my employer?
Yes. If you are injured at work, you must report the injury to your employer. You only have 90 days from the date you realize you are injured to report the injury, or you may lose your right to benefits.
If you suffer a serious injury, you could face permanent impairment or work restrictions, so you should contact an experienced workers compensation attorney immediately to discuss your rights. As you may already know, the insurance company represents your employer, not you, and they will certainly look for any reason to reject your claim. If your claim is denied by the insurance company, it is advisable to consult with an attorney. While you may represent yourself and request a claim hearing on your own, be aware that the insurance will hire an attorney, so you should make sure your rights protected by an experienced work injury attorney.
I was injured in a car wreck while on the job and the wreck was not my fault. Do I have a workers' compensation claim?
You may file a workers' compensation claim for your medical treatment and also file a separate claim against the driver of the vehicle that caused your injury. If the workers' compensation carrier pays for your medical treatment and you later recover money from the at fault driver’s insurance company, the workers’ compensation insurance company will have a subrogation claim for reimbursement for the medical bills paid. However, the carrier will often not expect to be reimbursed the full amount they paid for your medical bills. To learn more about your work injury claim, you should contact an experienced workers' compensation law firm. Click here or contact us at 843-277-6061.
I was injured in a work accident, and the doctor released me to work at light duty. Now I am being paid less than I was before I was hurt. What compensation am I entitled to?
If you return to light duty or work part-time during the time you are recovering from your injuries, you are entitled to compensation if your wages are less than what you normally received prior to the worker’s compensation accident. You are entitled to compensation of two-thirds of the difference between your salary before the injury and what you are making while on light duty/part-time duty. You are entitled to this compensation until you reach maximum medical improvement.
What is a wrongful death?
A wrongful death occurs when someone dies as a result of the negligent act of another. When someone dies because of someone else’s fault, the family members of the person who was killed may be entitled to recover on behalf of their loved one for the claims their loved one or they personally may have for damages caused by the accident. A wrongful death case may be brought against an individual, a group of individuals, a business, an entity, or several different parties.