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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Who is entitled to bring a wrongful death claim in South Carolina?
A wrongful death case may be brought by the spouse or child(ren) of the deceased victim or if there is no surviving spouse or child, then the parents or next of kin of the accident victim.
What recovery is available for the family of a loved one was killed in an accident?
In a wrongful death action, the spouse, children or next of kin may bring an action to recover damages for medical bills, funeral expenses, lost wages and/or loss of future earnings, pain and suffering, and emotional distress on behalf of the person who was killed in an accident.
What is the statute of limitations for filing a lawsuit for an accident in South Carolina?
Generally, you will have three years to file a lawsuit in South Carolina for a personal injury action (car accident, pedestrian accident, wrongful death, dog bite, etc.) However, there are certain cases where the statute of limitations is less than three years, so it is very important that neither you nor your lawyer wait until the last hour to address the issue of whether or not to file a lawsuit for your case.
In my office, we will not accept a case that is closing in on the statute of limitations. It is very important to start preparing for a possible lawsuit early on in order to ensure that all evidence is gathered and preserved in the event that a settlement cannot be reached and filing a lawsuit is necessary.
If you have an accident or injury question you need answered, click here and type FAQ along with your question. We will answer your question online AND email you the answer! If you need to speak with a qualified personal injury attorney just call our office at 843-277-6061 to schedule a FREE case evaluation.
Should I go to the doctor even if I just have neck and back soreness from my accident?
Even if you think that you are not injured or that your backache or sore neck is minor, you need to keep in mind that many times a seemingly minor injury or soreness can turn out to be a severe injury weeks or even months down the road. If your injury does not seem all that bad at first, it is always better to be cautious and have yourself checked out by a doctor and consult with an attorney. If you decide not to immediately go to the doctor, you should monitor yourself and immediately go to the doctor if your pain worsens. You should NEVER settle your case immediately after the accident or if you have pain from the accident. You should consult with an attorney before deciding to settle on your own. The South Carolina accident lawyers at the Shelly Leeke Law Firm provide free complimentary case evaluations.
Who will pay for my medical bills from the car accident?
Your accident-related medical bills should be paid from any settlement recovery you receive when your South Carolina accident case settles. Therefore, you should submit your bills to your own health insurance company so that the bills do not go in to collections. If you do not have health insurance, you will need to make payments on the medical bills until the bills are paid from the injury settlement. You should also contact your car insurance company and ask if you have medical payments or Personal Injury Protection (PIP) coverage. If you do, then you should submit the bills to your car insurance company. You do not want your medical bills going to collections! Your Charleston motor vehicle accident lawyer will help you figure out a payment plan with your medical provider that best suits your financial situation.
What should I do in the weeks and months following the accident?
Be sure to follow your doctor’s instructions and keep all medical appointments. Take pictures of your car and your injuries. You may settle and release your property damage claim with the other person’s car insurance company. However, make sure you carefully read the release. You should not sign a full release, so it is better to have the release reviewed by an attorney first. This may seem confusing, so it is best to consult with an experienced personal injury attorney, who will help you through the personal injury legal process. To speak with a South Carolina car accident lawyer today, call Shelly Leeke Law Firm at 1-888-690-0211 to set up a free consultation appointment!
Will you still take my case even though I do not live close to your office?
Shelly Leeke represents accident victims throughout South Carolina. If we accept your case, we will make sure your case is handled efficiently and that your rights are protected, no matter where you live.
Can I be fired from my job for reporting an on the job injury?
No. An employer may not fire you for filing a workers’ compensation claim. There are specific laws in South Carolina that protect workers from being fired for filing a work injury claim. If you are injured on the job and you are fired because you filed a workers’ compensation claim, you may have a claim against your employer for retaliation.
If I am hurt on the job, can I go to my own doctor?
Once you report the on the job injury, usually the employer will send you to a treating physician of their choice to treat you for your injury. If you are unhappy with the medical treatment you receive, you have the right to seek a second opinion from your own doctor or a doctor of your choice. If you feel that you need a second opinion for your work injury, you should notify your employer and seek the advice of an experienced South Carolina workers’ compensation attorney who can make sure that your right to adequate medical treatment is protected.
Will I receive a paycheck while I am out of work for my injuries?
You are entitled to a recover a portion of your lost wages during the duration of your time out of work related to your work injury claim. Your employer is also responsible for paying for your medical bills and expenses. In addition, if you are permanently disabled as a result of your work injury, or if you suffer permanent partial disability, disfigurement, or if you are the loved one of someone killed on the job, you may be entitled to additional recovery.