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Shelly Leeke Law Firm, LLC

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 should I absolutely avoid saying after an auto accident in North Charleston, South Carolina?

    Your key goal-at least when it comes to your words-after an auto accident in North Charleston, South Carolina, is to protect your potential accident claim. This means you need to avoid saying anything that can discredit you as a plaintiff, witness and/or injured victim.

    Your North Charleston, SC, injury lawyer is your best bet when it comes to formulating an approach to your personal injury claim, but he or she is not always going to be directly by your side. It is up to you to keep their advice at the forefront of your mind. Ask your attorney for a detailed list of the types of phrases that could damage your claim and how to approach your communication with everyone from your doctor to the insurance adjusters to your own employer.

    For a general idea of some of the most potentially damaging things you could say after an accident in North Charleston, South Carolina, please keep these 5 phrases in mind. They are some of the more destructive things you could say: 

    • "I have no idea how the accident happened." - This may seem harmless, but in fact, it may imply that you weren't paying attention to your surroundings while you were driving.
    • "I don't need medical care." - If you dismiss medical responders at the scene of an accident, it may lead the insurance company to question whether you were truly injured.
    • "I'm sorry." - Don't apologize at the scene of the auto accident and don't apologize in subsequent conversations with insurance adjusters. This is perceived as an admission of liability.
    • "It's all his/her/their/your fault." - Avoid playing the blame game and let your attorney handle any assertions of liability.
    • "You're right. I probably don't need an attorney." - The insurer may try to tell you that you don't need a lawyer, even if your injuries were severe. This is simply not their decision to make and you owe it to yourself to get a second opinion. 


    Your legal team will give you more specific details about what you should and should not do and say after you have suffered injury in an accident.

    Seeking the Help of a North Charleston, SC, Injury Lawyer

    The South Carolina personal injury attorney team at the Shelly Leeke Law Firm is available to help accident victims cope with the legal implications of a serious injury. Our firm's focus on personal injury cases includes injury from auto accidents including pedestrian and bicycle injuries, work-related injuries and Workers' Compensation claims, and injuries resulting from dangerous prescription drugs.

    Before you file a South Carolina personal injury claim, request a free copy of our South Carolina injury book. When you're ready to get started on settling your accident claim, contact a North Charleston personal injury attorney for a free information packet and consultation, 1-888-690-0211.

  • What are some of the dangers associated with temporary amusement rides and other fair rides and how might it lead to a South Carolina premises liability claim?

    There are a number of dangers associated with temporary amusement rides and other fair rides in South Carolina. When there is a defect or flaw in the design or manufacture of the ride, it could result in someone suffering life-threatening or fatal injuries.

    If you have sustained severe injuries or if a loved one was fatally injured by a dangerous fair ride, you may be able to file a South Carolina premises liability claim. Not only can the owner and operator of the fair ride be held liable but so can the manufacturer, if it was a result of product liability.

    Most of the dangers from fair rides are due to the risk of falling from great heights or from the high speed that can be reached by the rides. When a ride such as a rollercoaster malfunctions, the chance of suffering a severe or fatal injury is extremely high. 

    According to the Consumer Product Safety Commission, the latest report from 2004 indicates that there were a total of 2,500 injuries requiring treatment in an emergency room from fair rides.

    Temporary amusement fair rides such as inflatable slides or bounce houses accounted for approximately 4,900 injuries requiring emergency room treatment. This type of fair ride has seen a significant increase in the number of injuries.

    In 2004 there were also 5 fatalities from amusement fair rides and 4 fatalities from temporary, inflatable fair rides. 

    To understand what your legal rights are and if you have a valid South Carolina premises liability claim, you should speak as soon as possible to a Summerville personal injury lawyer.

    Seeking the Help of a Summerville Personal Injury Lawyer

    The Summerville personal injury lawyer team at the Shelly Leeke Law Firm is available to help accident victims cope with the legal implications of a serious injury. Our firm's focus on personal injury cases includes injury from auto accidents including pedestrian and bicycle injuries, work-related injuries and Workers' Compensation claims, fair rides, and injuries resulting from dangerous prescription drugs.

    Before you file a South Carolina premises liability claim, request a free copy of our South Carolina injury book. When you're ready to get started on settling your premises liability claim, contact a Summerville personal injury lawyer for a free information packet and consultation, 1-888-690-0211.

  • Do I qualify for Social Security Disability Insurance?

    You can receive Social Security Disability benefits if you are disabled and under 65 years of age. Also, you must have sufficient earning credits, which is determined by the Social Security Administration. You may be able to qualify for Supplemental Security Income benefits if it has been determined that you do not have enough credits for Social Security Disability.

  • How much do I get if I am approved for SSDI?

    The amount that receive depends on your specific situation, but you have the potential to get $650.00 per month to $2,000.00 per month. You could possibly receive even more from the Social Security Administration depending on how much you have paid into the system and how many legal dependents are living in your home.

  • I was denied for SSDI, what now?

    If you have been turned down for SSDI, you should file an appeal and continue to appeal denials at least through the hearing before an Administrative Law Judge. If you not file your appeal within 60 days, you may not be entitled to full SSD benefits. The Social Security Administration states that the most common mistake people make when trying to receive SSD benefits is failing to appeal or waiting too long to file their "Request for Reconsideration" and/or "Request for Hearing".

  • How many days do I have to appeal my SSD denial?

    You will have 60 days to file your appeal. It is important that you appeal it within this amount of time because you could potentially lose your right to valuable SSD benefits if 60 days have passed.

  • Do I need an attorney for my Social Security Disability claim?

    You are not required to hire a lawyer in order to pursue a disability claim. However, it is important to note that the Social Security Administration has found that claimants who use a lawyer are far more successful in winning their claims than those who do not.

    It is advised that you hire an attorney because there are important forms that you must fill out when you begin filing your claim. These forms can determine whether or not you win your case, so it is recommended that you seek the help of an attorney in order to fill them out correctly.

    An attorney can also ensure that you have all of the evidence presented to prove your claim so that you do not lose your claim due to insufficient evidence. Since attorneys are familiar with the Social Security system and have experience winning a disability claim, hiring an attorney can increase the chances of winning your claim.

  • What is the difference between SSD and SSI?

    The main difference between Social Security Disability (SSD) and Supplemental Security Income (SSI) is that SSD is available to workers who have attained a specified number of work credits, while SSI is available to those who have not worked or who have not earned enough work credits to qualify for SSD. Also, with SSD, a person's dependents could potentially receive auxilliary benefit; however, with SSI, only the disabled individual is able to receive any benefits. SSI recipients also can receive Medicaid, while SSD recipients can receive Medicare.

  • What do I need to prove in order to file a wrongful death claim in South Carolina?

    In order to file a South Carolina wrongful death claim, you will need to prove several important points. A Georgetown wrongful death attorney can evaluate your case to determine if you have a valid claim worth pursuing.

    The first thing that must be proven is that someone has died. Then you must be able to prove their death was the result of someone else's negligence.

    Negligence is the key factor in a South Carolina wrongful death lawsuit. This means someone else must have acted in a manner that was negligent or reckless and as a result caused your loved one's death. 

    For instance, if you're loved one was involved in a fatal truck accident that was the result of the truck driver falling asleep at the wheel, it would be a case of negligence. Or if the driver of another vehicle ran a red light and struck your loved one, this is also a case of negligence.

    Next, you must be able to prove the deceased is survived by immediate family members such as a spouse, parents, siblings or children.
    The South Carolina wrongful death lawsuit is filed on behalf of the surviving family members.

    The last thing you need to prove is that the immediate family members have suffered a monetary loss as a result of your loved one's death.
    This could include the expenses to bury your loved one, the loss of support in caring for surviving children and so on. 

    When your loved one has been tragically killed as a result of someone's negligence, a Georgetown wrongful death attorney can help you decide if you should file a South Carolina wrongful death claim and if so, how to proceed.

    Seeking the Help of a Georgetown Wrongful Death Attorney

    The South Carolina wrongful death attorney team at the Shelly Leeke Law Firm is available to help accident victims cope with the legal implications of a wrongful death. Our firm's focus on wrongful death cases includes injury from auto accidents including pedestrian and bicycle injuries, work-related injuries and Workers' Compensation claims, and injuries resulting from dangerous prescription drugs.

    Before you file a South Carolina wrongful death claim, request a free copy of our South Carolina injury book. When you're ready to get started on settling your wrongful death claim, contact a Georgetown wrongful death attorney for a free information packet and consultation, 1-888-690-0211.

  • Question from a reader of Legal News: What happens if you had no injuries, but were falsely accused of failing to yield the right of way, when you were parked at the time of impact?

    If you were charged with fault for an accident, but you do not agree that you were at fault or think the accident report is incorrect, you should contact the police officer at the police department that investigated the accident. Tell the officer that you would like to file an amended report or provide your statment as to the facts of the accident. If the officer agrees that the report is incorrect, he may file a supplemental police report and correct the error.

    You should also contact your insurance company and give them the facts of the accident so that they know that you dispute the police report or the charges against you. They should take your version of events in to account when conducting their investigation in to liability. Typically, an insurance company does not accept liability and pay the damages to another party's vehicle if you were not at fault in the accident.

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