- If the defendant intentionally harmed the plaintiff
- If the defendant was convicted of a felony for the same actions that injured the plaintiff
- If the defendant did any negligent act while drunk or high
- Lost wages for the deceased
- Medical bills
- Funeral expenses
- Property damage
- Fatal car accidents that occur because of the at-fault party’s reckless or distracted driving
- Arguments that turn deadly when one party shoots the other
- Medical malpractice situations, when a doctor should have known better, but misdiagnoses and mistreats the victim
- Nursing home deaths caused by lack of care or outright abuse
- Surviving spouse and children
- Parents, if there is no surviving spouse or children
- Heir, if there are no surviving parents, spouse, or children
- The survivors’ emotional anguish incurred by the death of their loved one
- The loss of affection and emotional support the victim provided survivors. This loss is often phrased as “loss of consortium”
- The loss of experience, knowledge, and guidance
- Lost income or other financial support. This includes lost wages, future earnings, retirement, or other benefits
- Medical expenses incurred if the loved one survived the initial act of violence or accident, but later succumbed to the injuries. Your lawyer may file a “survival action” in this type of situation
- Funeral, burial, and other end-of-life expenses
- Blaming you for causing your injuries
- Saying your injury is not work-related
- Delaying the processing of your claim
- Arguing that you do not meet the workers’ compensation eligibility requirements
- Medical equipment and devices
- Co-pays
- Costs of prescription drugs
- Home accommodation costs
- Diagnostic testing
- Ongoing physical therapy
- Ongoing mental health counseling
- Future medical expenses related to your work injury
- There was a breach of an implied warranty. If you use a product for its intended purpose but suffer an injury, you may be able to show that the manufacturer breached the implied warranty associated with the product.
- There was a breach of an express warranty. A product manufacturer may fail to live up to the warranty it offers, which can serve as the basis for a product liability lawsuit.
- The product’s design was faulty. A product that has an unsafe design can inadvertently reach consumers, cause injuries, and result in product liability claims.
- There were no warnings about the product. If a product manufacturer does not provide instructions and warnings to indicate how to use a product correctly, it can be held accountable for any injuries that occur.
- Values client relationships
- Has plenty of experience with product liability cases
- Stays in constant contact with clients
- The other driver’s name, contact information, insurance information, and license plate number
- The make, model, and color of the other driver’s vehicle
- The location of the accident and the time it occurred
- The weather and road conditions at the time of the accident
- A description of the damage to both vehicles
- Medical expenses, including hospital bills, doctor’s visits, and medication
- Lost wages or income
- Property damage, including damage to your vehicle and personal property
- Pain and suffering, including physical and emotional distress, caused by the accident
- Understand all aspects of the legal process
- Set realistic expectations for your case
- Are ready for your trial date
- Lost income
- Compensation for copays and prescription medications
- Restitution for emotional distress and physical pain and suffering
- Disfigurement and skin scarring
- Future medical expenses
- Loss of employee benefits
- Diminished value claims
- Thoroughly investigate how your accident happened
- Establish liability and negligence for your damages
- Obtain valuable evidence to support your case
- Negotiate with the insurance company for a fair settlement offer
- Prepare to bring your case to trial if the insurance company refuses to settle your claim fairly or if the insurance coverage does not sufficiently meet your needs
- The person who fell asleep while driving had a legal duty of care for the injured vehicle accident victim to drive with caution.
- The person who fell asleep while driving breached their duty of care by driving their vehicle without adequate alertness.
- The driver at fault’s drowsiness caused the car accident.
- The car accident caused injuries or fatalities for the crash victim.
- Falling asleep while driving occurs most frequently between midnight and 6 a.m. or in the late afternoon, when your circadian rhythm drops, the body’s natural way of regulating sleep.
- Falling asleep while driving occurs more often on rural roads and highways.
- Falling asleep while driving often involves a single driver without passengers who runs off the road at high speed and with no braking.
- Medical bills, including surgeries, medicine, and physical therapy
- Lost wages
- Property damages to the vehicle
- Emotional distress
- Mental anguish
- Physical therapy bills
- Amputation
- Permanent disability
- The level that the driver was aware of the potential harm from driving while fatigued
- The extent the driver attempted to correct their actions after realizing how dangerous the situation was
- How long the driver was behind the wheel with extreme drowsiness
- Rapid blinking
- Frequent yawning
- Drooping, itchy, or watery eyes
- Reduced reaction time
- Nodding off for just seconds
- Hitting a bump strip on the sides or center of the road
- Missing a turn or exit
- Drifting out of a lane
- Pulling the steering wheel sharply to correct your course after waking up
- Consistent drug or alcohol use
- Sleep disorders
- Use of over-the-counter prescription medications
- Driving too long without taking breaks
- Driving on unlit rural roads for an extended length of time at night
- Being the only one to drive on a road trip or long drive
- Failing to diagnose a condition
- Misdiagnosis
- Misinterpreting lab test results
- Surgical mistakes, such as leaving instruments inside a body after surgery or performing surgery in the incorrect body site
- Incorrect medication or dosage
- Preventable injuries sustained during treatment
- Doctor negligence
- Poor follow-up care or premature discharge
- Spouse
- Children
- Parents
- Siblings
- Compensatory damages, which compensate a deceased’s loved ones for losses related to their injuries.
- Punitive damages, which are awarded in cases where the victim’s death was caused by extreme recklessness or malice.
- Loss of income through employment and wages, pension, savings, business income, or other forms of monetary contributions.
- Loss of contributions to your household, such as childcare, upkeep, meals, and more.
- Property damage
- Medical bills from the illness or injury that led to your loved one’s fatality.
- Funeral and burial costs, which, according to the Federal Trade Commission (FTC), can include burial/cremation, coffin, funeral service and funeral home expenses, grave preparation, and headstone or grave marker.
- Income loss, both current and potential losses
- Medical care and expenses
- Emotional duress and diminished quality of life
- Property damage, if your vehicle or other property was damaged or destroyed in the accident
- Official accident reports and information from responding officers
- Documentation of your medical interventions, care, prognosis, and costs
- Testimony from accident witnesses
- Statements from your family and caregivers
- Information about road conditions, traffic signals, or other relevant conditions
- Information on car or part manufacturers and inspectors if a vehicle or part malfunction played a role in the accident
- Costs for medical care and treatment already received and what you will require in the future
- Lost wages from days missed at work, and future lost earnings if you cannot return to work at all or can only work in a diminished and lower-earning capacity
- Property destroyed or damaged in the accident
- New accident-related expenses, perhaps for help with childcare or household responsibilities, or for adjusting your home to accommodate your changed abilities if your injuries are especially severe
- Decreased enjoyment and quality of life if your injuries prevent you from engaging in daily activities, social engagements, or other events you did prior to your accident
- Physical and emotional pain caused by the accident
- Identifying information for vehicle occupants and pedestrians, if applicable: names, addresses, driver’s license numbers
- Location description: where the accident happened and relevant information about the environment
- Accident information: descriptions of the vehicles, a rough accident diagram, witness statements, observable property damage, and other relevant information
- Injury reports: victims’ observable injuries, where vehicle occupants sat, whether they used seat belts, if air bags deployed, and whether injured parties were transported to the hospital
- Insurance information for all involved drivers
- Contributing factors: whether a driver ignored traffic signals, was distracted or speeding, driving under the influence, fatigued, or other factors that may have caused the accident
- Vehicle defects: details noting any broken or defective vehicle parts, such as broken brake or indicator lights
- Officer information: name, rank, and badge number
- The police report and officers’ testimony
- Witness testimony
- Traffic or security camera footage
- Photos or video of the accident and accident scene
- Taking on all communication with insurance companies, protecting you from the companies’ unfair tactics
- Handling requests for the accident report and all other necessary documentation
- Conducting a full investigation and collecting important evidence
- Your legal rights based on the details of your case
- Your legal pathways to obtain financial compensation
- Potential issues with your case
- The timeline of your case
- Whether or not the statute of limitations in South Carolina applies to your case
- Our firm’s fee structure/payment plan and the percentage of your recovery that we take
- Out-of-pocket costs in case we don’t win the legal battle
- The nature of the accident
- The severity of your injuries
- The likelihood of recovery from your injuries
- The damages you want compensation for
- Medical bills
- Lost time from work
- Pain and suffering
- Property damage
- Loss of enjoyment of life
- Emotional distress
- enforce safety regulations;
- target high-risk drivers and carriers;
- improve information systems and technologies;
- strengthen operating standards; and
- increase safety awareness.
- Data and Analysis – collect and disseminate data concerning carrier safety and resources to improve safety;
- Research and Technology – coordinate research and technological developments to improve safety;
- Commercial Drivers’ Licenses – develop standards for testing and licensing of truck drivers;
- Regulatory Compliance and Enforcement – operate safety program to improve performance and eliminate high risk carriers from the nation’s roads; and
- Safety Assistance -financially helps states with roadside inspection and other types of safety programs.
- “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.
- Medical records – Medical malpractice claims center around the medi-cal care received. It is essential to provide the attorney with all relevant medical records in your possession. Treatment history, results, reports, prognoses, prescriptions, hospital records, etc. will all be useful.
- Contact information – In addition to basic contact information for your-self, it is recommended that you gather contact information for the doc-tors , hospitals, and any individuals who may be called upon as witnesses or to provide further information.
- Timeline of services received – Many times, malpractice can occur over time. It is helpful to provide a timeline of all medical treatment and services leading up to and following the medical malpractice. Make a list with the date of symptoms, the actions taken per date, the doctor visits per date, follow-up procedures per date, injuries noticed per date, etc.
- Medical Bills & Prescription Costs – Provide the attorney with a detailed record of all medical expenses related to your case. Gather medical bills you have received as well as receipts for all prescriptions related to your medical treatment and injury.
- Other doctor reports – As malpractice involves procedures below the recommended level of care, it is helpful to provide doctor reports that indi-cate injury specifically related to the subpar performance or procedures previously received.
- Record of injuries – Keep a log of all of your injuries. This may include lost wages, loss of future income, emotional injuries suffered; emotional damage to the rest of your family, inability to enjoy previously enjoyed ac-tivities, dependence on the services of others and more.
- leave your vehicle where it is unless it is in an unsafe spot;
- contact the police department;
- call 911 if there are any serious injuries;
- move to a safe spot;
- look over the police report for accuracy;
- document the details of your accident;
- get contact information from any witnesses;
- take pictures of the damage to all involved vehicles;
- get contact information of the towing company if your vehicle is being towed;
- seek immediate medical attention, even if your injuries appear to be minor;
- don’t discuss the accident with anyone;
- don’t provide a recorded statement to others; and
- seek legal counsel.
- collect additional evidence;
- provide expert witnesses to support your claim; and
- negotiate a settlement on your behalf.
- bills for any medical treatment of the deceased prior to passing;
- the pain and suffering the deceased sustained prior to death; and
- any potential punitive damages if the defendant was particularly reckless or intentionally caused the fatal accident.
- spouse of the deceased;
- child or children of the deceased;
- parents of the deceased (if no spouse or children); and
- heirs of the estate.
- the police report;
- pictures from the accident;
- witness statements;
- expert testimony; and
- other documentation.
- medical records;
- police reports;
- medical bills and receipts;
- bills and estimates for damaged property;
- your insurance information;
- photographs of the accident scene and your injuries;
- contact information for witnesses; and
- other evidence specific to your accident and recovery.
- Past, present and future pain and suffering
- Past, present and future loss of income
- Past, present and future expenses for doctor bills, medications, or other equipment
- Loss of the companionship, society, and/or sexual relationship of a spouse, which would include such things as the ability to keep house, perform yard work, repair the car, etc.
- The loss of the enjoyment of life, or an inability to do or enjoy rec-reational activities
- Past, present, and future mental anguish and suffering
- Any permanent disfigurement or impairment which you may have suffered as a result of the malpractice
- Being chatty – the first encounter with an insurance adjuster can severely damage your South Carolina personal injury claim. By appearing friendly, an insurance adjuster may get you to inadvertently say something that puts you at fault for your accident or minimizes the extent of your injuries.
- Delaying your claim – insurance adjusters will purposely do this to wear you down and get you to accept a settlement for less than what you need. Luckily, a Charleston personal injury attorney is able to handle such situations without the frustration you may experience.
- Disputing your claim/medical treatment – even if you received treatment from your own doctor, insurance adjusters may question whether you really needed the treatment. They’ll often ask for unnecessary information, also in an attempt to wear you down and press you to an unfair settlement.
- your brake lights or tail lights were not working, which may have been a factor in the rear-end car accident;
- a chain reaction caused several cars to rear-end each other; or
- your car had mechanical problems but you failed to move off the road.
- damage to your vehicle;
- medical expenses for injuries that you sustained;
- physical or emotional pain that you suffered; and
- the loss of any past, present or future wages.
- 11 hour driving limit – maximum of 11 hours driving after 10 consecutive hours off duty.
- 14 hour driving limit – may not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty.
- 60/70 hour on-duty limit – cannot drive after 60/70 hours on duty in 7/8 consecutive days. Driver can restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty.
- 10 hour driving limit – maximum of 10 hours driving after 8 consecutive hours off duty.
- 15 hour on-duty limit – may not drive after being on duty for 15 hours, following 8 consecutive hours off duty.
- 60/70 hour on-duty limit – cannot drive after 60/70 hours on duty in 7/8 consecutive days.
- Chest pain
- Shortness of breath
- Frequent cough
- Difficulty in breathing or swallowing
- Sudden fever
- Swelling of the face or neck
- Nausea
- Anemia
- Loss of appetite/ weight loss
- other driver is going beyond the posted speed limit;
- other driver goes through a red light; and/or
- while safely turning left, an unexpected event occurs that causes the driver to suddenly stop or slow down.
- Determine the full extent of your injuries (including future care and treatment);
- Calculate the amount of lost wages and earning potential;
- Recognize non-economic losses (such as emotional trauma, reduced quality of life, etc.);
- Identify any third-party claims that may be available also;
- Consult with accident investigation specialists and medical specialists; and
- Apply South Carolina law, which is different than that in many other states.
- cases in which there was no injury and only property damage (these will require a property damage claim only);
- cases in which you were not seriously injured, or did not require medical attention for some time after the accident; and
- cases in which you were at fault for the accident in South Carolina (if you were more than 50% at fault for the accident you do not have a valid claim).
- A significant, persistent personal injury was suffered;
- The health care provider or institution performed at a level of care be-low the accepted standard;
- The injury was a direct result of the substandard level of care provided;
- The medical error that caused your injury must have been preventable and caused by negligence.
- an ability to navigate the complicated truck accident claims process, including interpretation of federal trucking company regulations, knowledge of how to establish negligence, and so on;
- an understanding of the laws surrounding truck drivers and the companies that employ them, as well as other third-parties that may be liable for your accident injuries;
- an ability to advise you on how to avoid common tactics employed by the insurance company to reduce or deny your truck accident claim;
- an ability to help you determine a fair settlement based on your current and future medical needs; and
- an ability to represent your interests while negotiating with the insurance companies on your behalf.
- help you understand your policy obligations; and
- help you prepare for your IME (you’ll need to give your physician an accurate, detailed account of your injuries but you’ll also need to be aware of any discrepancies for which they’ll be searching).
Is There a Cap on Wrongful Death?
Losing a loved one is always hard, but it is even harder when your loved one is taken too soon. When your loved one was killed by the wrongful or negligent acts of another person, you should seek justice. While bringing a wrongful death claim will not change what happened, it can help you and other beneficiaries receive closure and financial assistance.
Is There a Limit on the Amount of Money I Can Receive in a Wrongful Death Case?
While most states place some kind of limit on the amount of damages that you can receive for wrongful death, the State of South Carolina generally does not. However, there are some exceptions to this general rule that you need to be aware of before bringing your wrongful death case.
Medical Malpractice
If your wrongful death case arises out of medical malpractice, South Carolina state law places some limitations on the amount of money that you can receive. This limit only applies to non-economic damages, which are damages that are subjectively determined by the jury, such as pain and suffering or emotional distress.
In medical malpractice cases, the most money that you can receive for non-economic damages is $350,000 per defendant, or up to a total of $1.05 million. However, this limit does not apply to economic damages, such as medical bills or lost wages, which typically also run into hundreds of thousands or millions of dollars.
Punitive Damages
Punitive damages are extra damages that are meant to act as a punishment to the defendant for egregious or grossly negligent behavior. Punitive damages are only awarded if you prove that the defendant’s actions were intentional, willful and wanton, fraudulent, or grossly negligent.
In South Carolina, the maximum amount of punitive damages that you can receive is three times your actual damages, which are the damages that you were awarded for everything else, or $500,000, whichever number is higher. This punitive damage cap applies to all cases, regardless of whether the case involved medical malpractice. However, if the court determines that the defendant acted especially badly, then there is no cap on punitive damages, and these especially bad acts are:
If the jury finds that one of these things is true, they are technically allowed to award any amount of punitive damages that they want. However, the Judge will most likely reduce the award if the jury awards an amount that is huge or disproportionate, such as if the amount of punitive damages is more than 10 times the amount of actual damages.
Economic Damages
South Carolina does not place any limitations whatsoever on the amount of money that you can receive for economic damages. Economic damages are damages that are easy to calculate and can be awarded based on clear data. Essentially, economic damages are reimbursement damages that are meant to either pay you back or pay you for things that you would have had if not for the accident.
In wrongful death cases, some of the most common types of economic damages are:
No matter how high these damages are, they will not be reduced by law. In fact, South Carolina applies the collateral source rule, which means that compensation that you receive from a source that is completely independent of the wrongdoer will not reduce the damages that they must pay. This means that if you receive something like an insurance payout, that will not reduce the damages that you can receive.
For a free legal consultation, call 1-844-736-8342
How Are Non-Economic Damages Calculated?
Non-economic damages, like pain and suffering or loss of enjoyment of life, are very subjective and normally entirely up to the jury. However, both parties are allowed to present evidence of how much those damages should be. The majority of the time, non-economic damages are calculated in one of two ways.
Multiplier
Using the multiplier method, an expert witness, normally an economist, will testify that the amount of economic damages should be multiplied by another number (normally 2-4, depending on the severity of the injuries) and that this number should be awarded for non-economic damages. This method is the most common method in South Carolina.
Per Diem
The other method that can be used to calculate non-economic damages is the per diem method. This method entails an expert witness, again, normally an economist, who will take the total amount of economic damages, divide that number by the number of days between the accident and the trial, and then use that per day number to state that the jury should award an amount that would be enough to last until the end of the injury.
What if My Loved One Was Partially at Fault for Their Accident?
South Carolina has a law known as modified comparative negligence for personal injury cases. This law means that the amount that you (or the executor of the deceased’s estate) can recover for damages will be reduced proportionally by the amount that they were at fault for the accident.
For example, if the plaintiff was 15% at fault for the accident and receives total damages of $1 million, they will instead receive $850,000 because their award will be reduced by 15%. If the plaintiff was more than 50% at fault, however, they will not be able to recover any compensation because they were mostly at fault.
How much fault the plaintiff shares for the accident is a determination that is made completely by the jury, which means that there is no real way to determine how much fault the plaintiff has beforehand. This means that regardless of how much the plaintiff was at fault, a skilled lawyer can still often secure some compensation.
Call or text 1-844-736-8342 or complete a Free Case Evaluation form
Can You Get PTSD from a Car Accident?
A person is prone to post-traumatic stress disorder (PTSD) following a terrifying event. If a person suffers serious harm in an auto accident, this individual can experience PTSD symptoms. A doctor can help a person cope with PTSD and find safe, effective ways to manage their symptoms.
At The Shelly Leeke Law Firm, we want auto accident victims to seek justice. If you have been involved in a car accident in South Carolina caused by someone else, an attorney from our team can help you out. We can review your case and answer common questions about PTSD from auto accidents and related topics.
What Is PTSD?
PTSD is a mental health condition that can cause flashbacks, nightmares, and anxiety. A person can start to experience PTSD symptoms after an auto accident or other traumatic events. PTSD can affect a person’s mood, thinking, and ability to enjoy life to the fullest extent.
After an auto accident, a person may feel anxious about getting behind the wheel of a car or traveling in a motor vehicle with someone else. In this instance, the individual may be dealing with PTSD without even realizing it. With a clear understanding of the signs of PTSD, an individual can identify symptoms of the condition in themselves and others.
There is no one-size-fits-all treatment for PTSD, and meeting with a doctor offers a great starting point for figuring out a way to manage the symptoms associated with it. Different therapies are available, and medications may be used to help people manage their PTSD symptoms. If you are experiencing PTSD after a car accident, consult with a doctor to discuss your symptoms and explore treatment options.
For a free legal consultation, call 1-844-736-8342
What Should I Do if I Am Experiencing PTSD After an Auto Accident?
In addition to meeting with a doctor, it is a good idea to connect with a car accident lawyer. Look for an attorney that has experience with auto accident cases and a track record of success. This attorney can review your case and help you decide if now is the right time to request damages from any at-fault parties.
If you experience PTSD due to a car accident, you may be able to request non-economic damages relating to it. These damages are awarded for subjective harm. Examples of non-economic damages include compensation for pain and suffering you incur due to a car accident.
Along with non-economic damages, you can seek compensation for your medical bills, loss of income, and other quantifiable losses you suffer as a result of your auto accident. Your attorney can help you calculate the amount of economic and non-economic damages to request in your car accident lawsuit. From here, your lawyer can file your lawsuit.
How Can I Prove that I Am Dealing with PTSD After a Car Accident?
You will need a proper diagnosis of PTSD from a qualified medical professional. You need to go to a doctor and get an evaluation to receive this diagnosis. If a doctor believes you are coping with PTSD, this medical professional will diagnose it accordingly.
Keep track of all of your medical records relating to your PTSD diagnosis and treatments. These records can serve as evidence in your auto accident lawsuit. They can show a judge or jury the severity of your PTSD symptoms and what you are doing to address them.
Your lawyer will help you collect and evaluate evidence as you prepare for your car accident trial. With relevant evidence at your disposal, you can make a compelling argument to a judge or jury. This evidence can help you secure the most damages possible in your auto accident case.
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How Much Money Can I Get as Compensation for PTSD After a Car Accident?
There is no restriction on the amount of damages you can request in a South Carolina personal injury lawsuit. This means you can request thousands of dollars in damages if you choose. To determine an appropriate amount of damages to ask for, it pays to consult with an attorney.
Your lawyer considers the short- and long-term impact of your PTSD. Also, your attorney looks at many other costs you have incurred due to your auto accident. Then, your lawyer can recommend how much you should request in damages.
It is your attorney’s responsibility to help you build a case that explains to a judge or jury why you deserve the full amount of the damages you request. If your attorney is successful, a judge or jury will understand the impact of your PTSD. Most importantly, a judge or jury may award you full damages.
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How Can I Show a Judge or Jury that I Am Dealing with PTSD Following an Auto Accident?
You must provide a compelling argument to get a judge or jury to see your point of view in an auto accident case. This requires you to present a variety of evidence that supports your request for damages. You may also call upon medical professionals and other witnesses that can testify on your behalf.
The evidence you present during your car accident trial can make or break your case. You can use medical records and other evidence to show a judge or jury the impact of your PTSD symptoms on your everyday life. By doing so, you can illustrate why a judge or jury should rule in your favor.
Witnesses can help you further explain your side of the story in a car accident trial. They can give a judge or jury insights into how your PTSD symptoms have affected your mental well-being. On top of that, your witnesses can boost the credibility of your claims, to the point where it can be nearly impossible for a defendant to dispute them.
How Can I Get Started with a Car Accident Lawsuit and Pursue Damages for PTSD?
The Shelly Leeke Law Firm has knowledgeable attorneys on staff that can help you win or settle your auto accident case. To learn more or request a free consultation, please contact us today.
Call or text 1-844-736-8342 or complete a Free Case Evaluation form
What Are My Rights When Pulled Over by Police?
If you are pulled over by the police while driving, you must know your rights to protect yourself and avoid any unnecessary legal trouble. We encourage you to reach out to an attorney if you have any questions about your specific interaction with a law enforcement officer.
Do I Have to Pull Over Immediately When I See Police Lights?
Yes. When you see police lights or hear a siren, you must pull over to the side of the road as soon as it is safe to do so. You have the right to remain silent. You do not have to answer questions except by providing your name and identification if requested. You may also be required to provide your driver’s license, registration, and proof of insurance.
For a free legal consultation, call 1-844-736-8342
Detaining without Arresting – What Happens
Yes, the police can detain you briefly for investigative purposes, but they must have a reasonable suspicion that you have committed or are about to commit a crime. If the police have probable cause to believe you have committed a crime, they may arrest you without a warrant. Ask for a lawyer immediately and refrain from answering questions until your lawyer is present. The police are authorized to use force only if necessary to protect themselves or others from harm.
Can the Police Search My Vehicle without My Consent?
Yes, if they have probable cause or a warrant. Probable cause is when the police believe that a crime has been committed or that evidence of a crime is in the vehicle. You should politely refuse the search and ask if you can leave. If the police have probable cause or a warrant, they may still search your vehicle.
The police may search your trunk without your consent if they have probable cause to believe that it contains evidence of a crime or if they have a warrant.
Can the Police Search My Cell Phone During a Traffic Stop?
The police may search your cell phone during a traffic stop if they have a warrant or if they have probable cause to believe that it contains evidence of a crime. However, recent court rulings have placed limits on the ability of police to search cell phones without a warrant.
Can the Police Use a Drug-Sniffing Dog During a Traffic Stop?
Yes, the police may use a drug-sniffing dog during a traffic stop if they have probable cause to believe that drugs are in the vehicle. However, recent court rulings have limited the use of drug-sniffing dogs, and the police must have a valid reason for using the dog.
Can I Be Arrested for Refusing to Sign a Traffic Ticket?
No. Refusing to sign a traffic ticket may result in the police officer arresting you, but you cannot be arrested solely for refusing to sign. It is generally advisable to sign the ticket to avoid any additional legal complications.
Can I Be Charged with a Crime for Not Wearing a Seatbelt During a Traffic Stop?
Depending on the state, you may be fined for not wearing a seatbelt, but it is generally not a criminal offense. However, if the police officer discovers other violations during the traffic stop, you may be charged with additional offenses.
Can the Police Ask Me to Perform a Field Sobriety Test During a Traffic Stop?
Yes, the police may ask you to perform a field sobriety test if they have probable cause to believe that you are driving under the influence of drugs or alcohol. However, you can refuse the test, and there may be consequences.
Can the Police Ask Me to Consent to a Search of My Person During a Traffic Stop?
Yes, the police may ask you to consent to a search of your person during a traffic stop. However, you have the right to refuse the search, and the police must have a valid reason to conduct the search, such as a probable cause or a warrant.
Can the Police Use Excessive Force During a Traffic Stop?
No, the police are prohibited from using excessive force during a traffic stop or any other interaction with the public. If you believe the police used excessive force, you should document the incident and contact a lawyer immediately. The use of excessive force has been a major focus of media scrutiny over the last few years, but this has not alleviated the problem. Even with most officers required to use body cams, unwarranted force is still used regularly during traffic stops throughout South Carolina.
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What to Do if My Rights Were Violated During a Traffic Stop
If you believe that your rights were violated during a traffic stop, you should document as much information as possible, including the officer’s name, badge number, and the location of the stop. You may also want to contact a lawyer to discuss your legal options.
Contact Shelly Leeke Law Firm today for more help. Our team is ready to step in and investigate your case. We want to make sure your rights are upheld every step of the way, especially if you sustained an injury.
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What Kinds of Damages Can You Demand in a Wrongful Death Case?
The sudden death of a loved one creates a chaotic aftermath as survivors grapple with emotional turmoil and face a financially insecure future. If you are facing these circumstances, a wrongful death settlement can restore some order and bring some peace to your family by recovering losses and putting your family’s financial future back on solid ground.
To ensure you receive a fair and substantial settlement, trust your case to a skilled wrongful death lawyer from Shelly Leeke Law Firm.
What Is a Wrongful Death Claim?
If a person is injured because of someone else’s intentional act or negligence, the victim can file a personal injury claim to collect compensation for accident-related damages. When a person dies under those circumstances, South Carolina allows the deceased victim’s survivors to file a wrongful death claim to recover the losses incurred by their loved one’s death.
South Carolina Code §15-51-10 allows these claims “Whenever the death of a person shall be caused by the wrongful act, neglect or default of another and the act, neglect or default is such as would…have entitled the party injured to maintain an action and recover damages…” Filing a wrongful death claim is like filing a personal injury claim on behalf of the victim.
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What Types of Acts Warrant a Wrongful Death Claim?
Any event in which a person causes the death of another because of an intentional act of violence or an act of negligence may warrant a wrongful death claim.
For example,
Who Can File a Wrongful Death Claim?
Different states have their own eligibility requirements for wrongful death claimants. Under South Carolina Code 15-51-20, an executor, the administrator of the victim’s estate, holds eligibility. Executors are usually named in the deceased person’s will. If the victim did not have a will, or if the executor named does not want to or cannot fulfill this responsibility, the court can name someone else.
While the executor is the one who pursues the wrongful death claim, collected damages belong to the victim’s surviving family members. In South Carolina, relatives eligible to collect damages include the victim’s:
For the best outcomes, it is best for the executor and survivors to partner with an experienced wrongful death attorney to manage the filing and all other parts of the process properly and efficiently.
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What Kinds of Damages Can You Demand in a Wrongful Death Case?
There are three categories of damages you can pursue, depending on the circumstances of the case: Non-economic damages, economic damages, and punitive damages.
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What Are Non-Economic Damages?
Non-economic damages do not have a clear dollar value. They represent the emotional losses that followed your loved one’s death. In most wrongful death cases, non-economic damages include compensation for:
What Are Economic Damages?
Economic damages are easier to calculate. They encompass the financial losses resulting from your loved one’s death. Typically, survivors see coverage for:
What Are Punitive Damages?
Where Non-economic and economic damages are compensatory, and “make up for” losses, punitive damages punish the at-fault party. Not every wrongful death case allows for the pursuit of punitive damages.
In South Carolina, these damages can be awarded when it can be proved” by clear and convincing evidence” that the victim’s death resulted from “the defendant’s wilful, wanton, or reckless conduct.” Simply stated, the at-fault party knew their actions, or lack of action, could lead to injury or death, but chose to act (or not act) anyway.
Punitive damages are capped at greater than three times the amount of non-economic and economic damages awarded, or $500,000.
How Long Do You Have to File a Wrongful Death Claim?
In South Carolina, you have three years from the date of your loved one’s death to file a wrongful death claim. If you file after this deadline passes, your case will almost definitely be dismissed.
Three years may seem like a long time, but the legal process often comes with complications. Secure representation from a wrongful death lawyer after your loved one’s death as soon as possible. This time will allow your attorney to investigate the circumstances of the death thoroughly, gather evidence to build a strong case, and deal with any complications that may arise long before the deadline approaches.
Are There Limits to the Settlement Amount You Can Collect?
Generally speaking, there are no limits to what you can sue for in a wrongful death claim in South Carolina. However, if your case is against particular entities, such as charities or government offices, or is based on medical malpractice.
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Should I Accept My First Workers’ Compensation Offer?
When you receive a settlement offer from the insurance company after filing a workers’ compensation claim, you might be surprised and excited that the insurance company is willing to pay your claim quickly. However, you should be cautious when you receive this initial settlement offer from the insurer.
Insurance companies are not on your side. They lose money every time they pay out on a claim.
You might be surprised that the insurance company is attempting to settle for far less than your claim is worth. Instead, review the settlement offer with your workers’ compensation attorney before making a decision.
You Should Never Accept a First Offer without Your Attorney
Accepting the insurance company’s first offer is never a good idea. Unfortunately, insurance companies do not have your best interest in mind. Insurance companies have been known to use a variety of tactics to take advantage of those seeking the financial support they need to overcome.
Although you may initially receive a fast offer from the insurance company, you should be cautious and skeptical. Although you may need access to this compensation now, you could be shocked to learn that the value of your claim is significantly more.
For this reason, never accept a first offer from an insurance company. This settlement is unlikely to be enough to meet your needs fully, and there is no reason why you should not hold out for the total value of your claim.
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Why Insurance Companies Make Fast Offers
Insurance companies make fast offers for many reasons. However, the top reason is that they believe it will save them money. If the insurance company can tempt you into accepting a fast settlement offer, they may be able to reduce their financial losses.
They know you need money quickly to escape financial ruin. The insurance company is also counting on the fact that you do not have any idea as to the actual value of your claim. By getting you to accept their offer, they can avoid having to pay out a fair settlement.
Insurance companies make money by paying out less in claims than they bring in through insurance premiums. Therefore, the insurance company must do everything possible to reduce the amount they pay. If you receive a fast settlement offer from the insurance company, your best option is to hold off on accepting their offer until you can talk to your lawyer.
What to Expect During Workers’ Comp Insurance Claim Negotiations
The workers’ comp insurance claim negotiations process will likely be far more complex than expected. Insurance companies may attempt to trick you into settling for far less than your claim is worth.
Not only do insurers attempt to reduce their payout by making insultingly low offers, but they also use a variety of other tactics to accomplish their financial goals. These tactics include:
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Understanding the Value of Your Damages
Under the law, you are entitled to specific types of workers’ compensation benefits. These include the following:
Disability Benefits
Disability benefits describe the benefits you receive to replace a portion of your lost income. Although disability benefits will not replace the total value of your lost wages, they can help you stay afloat. At the same time, you can recuperate from your injuries and potentially move forward with a civil lawsuit against the liable party.
Healthcare Costs
The workers’ compensation insurance provider should compensate you for every medical expense related to your work injuries. These might include ambulance bills, the cost of your hospital stay, and other types of medical expenses, including:
Vocational Rehabilitation
Vocational rehabilitation benefits are designed to provide financial support to those who have suffered work injuries so severe they will no longer be able to continue working. If you hope to re-enter the workforce, the insurance company can compensate you for the costs of returning to school or the job training needed to find gainful employment in another industry.
Death Benefits
Death benefits may be available to the surviving family members of individuals who pass away from work-related injuries. These benefits often extend to the decedent’s surviving spouse and children for the foreseeable future or until they reach the maximum number of weeks allowed.
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What to Do When You Get a Workers’ Comp Settlement Offer
When you initially receive your workers’ compensation settlement offer, there are specific steps you can take to protect your compensation.
Have Your Workers’ Comp Lawyer Renegotiate Your Settlement
Ensure your workers’ compensation lawyer reviews the settlement offer from the insurance company. If your lawyer determines the settlement is insufficient, your attorney can prepare to renegotiate the settlement so you can obtain fair compensation for your damages.
Prepare to File an Appeal
If the insurance company refuses to settle your claim fairly, your lawyer will be ready to proceed with a formal appeal. Generally, by providing the insurance company with the evidence and information they need to process your claim, we can avoid going forward with an appeal and instead get the insurance company to overturn or reverse their initial denial.
Bring the Insurance Company to Court
If all else fails, and your lawyer determines that the insurance company is handling your claim in bad faith, we will be prepared to take legal action against them so you can access the workers’ compensation benefits that are rightfully yours.
Contact a Workers’ Compensation Attorney for Help Today
Dealing with the insurance company after a work-related injury can be challenging and overwhelming. The last thing you need is to be taken advantage of during one of the most trying times in your life. Fortunately, even though the insurance company may try to settle for as little as possible, your attorney will be there by your side every step to protect your workers’ compensation benefits.
Contact an experienced workers’ compensation attorney at Shelly Leeke Law Firm to learn more about how much your workers’ comp claim could be worse and whether your initial settlement is sufficient. Please complete our quick contact form or call our office to schedule your free, no-obligation consultation today.
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Does My Car Insurance Cover My Lawyer’s Legal Fees?
Your car insurance does not cover your attorney’s legal fees after an auto accident. Instead, you are solely responsible for your lawyer’s legal fees. However, sometimes an attorney works on contingency, which means you will not need to pay unless you win or settle your case.
At The Shelly Leeke Law Firm, we understand all aspects of motor vehicle accident cases. We can answer any questions you have about whether your auto insurance covers your lawyer’s legal fees and similar topics. Reach out to our law firm today.
Do I Need to Contact My Car Insurance Company After an Auto Accident?
If you are involved in a car accident, you should contact your insurance company. This allows you to report the accident and provide details about any damages you incurred. From here, your insurance company can engage with the insurer of the driver responsible for your accident.
Reaching out to your auto insurance company shortly after your accident is beneficial. As soon as your accident happens, make sure you and everyone else at the scene are OK. You should also call 911 so police officers and medical personnel can arrive on the scene to assist those in need.
In the days after your accident, you should request an accident report from your local police department. This report details what happened during your accident. It can be used in a personal injury lawsuit against any at-fault parties in your case.
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Do I Need to File a Lawsuit After My Car Accident?
Your car insurance company can work with the at-fault driver’s insurer to help you recover some damages. Yet, your auto insurance company only helps you get compensation for any vehicle-related damage. There may be other damages you suffer due to your accident, and your auto insurance company or the at-fault driver’s may refuse to cover them.
If you have a valid claim for damages, your attorney can help you file a personal injury lawsuit. If you are interested in pursuing a personal injury lawsuit, it pays to consult with an experienced car accident lawyer. You can give the lawyer information about your accident, and the attorney can perform a full review of your case.
Your attorney can explain any fees involved for their legal services. In some instances, a lawyer sets up contingency-fee agreements with their clients. With a contingency-fee agreement in place, you can focus on what is most important: working with your attorney to resolve your case.
What Is a Contingency-Fee Agreement?
With a contingency-fee agreement, you agree to pay your attorney a certain percentage of your projected settlement. In exchange, your lawyer represents you during your auto accident lawsuit and does everything possible to help you secure the most damages possible. If you are not awarded any damages, you do not pay your lawyer any legal fees.
A contingency fee agreement represents a great option for individuals who have limited resources available. If you are worried about the cost of hiring an attorney, your lawyer may offer a contingency-fee agreement. This allows you to receive legal representation and pay it off only if you win or settle your case.
The lawyer is responsible for helping you throughout your case. If your attorney succeeds in helping you secure damages, only then do you pay your attorney for their legal services. In addition, an attorney takes 100% of the risk in a contingency fee agreement.
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Do I Need to Pay Anything to Hire an Attorney for My Auto Accident Case?
Many lawyers do not charge a fee for an initial consultation. During the consultation, you can share details about your auto accident with the lawyer. Meanwhile, the attorney asks questions and gets a complete rundown of your accident.
If you and an attorney decide to work together, only then will you need to figure out a payment plan. You may be able to set up a contingency-fee agreement. Or, your attorney may request a retainer and bill you on an hourly basis.
There is a filing fee of $150.00 for a new case in South Carolina. Also, there is a filing fee of $25.00 for any additional written motions. Your attorney can explain these fees in detail to you.
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When Should I Hire an Attorney to Represent Me After a Car Accident?
It is generally a good idea to contact a personal injury attorney within days of your auto accident. In South Carolina, you have up to three years to file a personal injury lawsuit. By filing your lawsuit right away, you can speed up the process of getting damages.
Your attorney will work diligently to represent you at each stage of your litigation. To do so, your lawyer will collect evidence, look for witnesses to testify on your behalf, and help you prepare for your trial. If a defendant comes forward with a settlement, your attorney can review it with you and help you decide how to proceed.
If you ever have legal concerns or questions for your attorney, you should share them. Your lawyer wants you to make informed decisions as you navigate the legal process. For those in need of extra help along the way, your attorney is available to provide assistance.
How Can I Find the Right Attorney for My Auto Accident Lawsuit?
Meet with a car accident lawyer to find out if there is a good fit for both sides. The initial meeting allows you to learn about an attorney and their experience in auto accident cases. This meeting also enables a lawyer to learn about you and explain what they can offer.
Consider how an attorney bills their clients as well. If you are concerned about the upfront cost of an attorney, you may want to hire one that provides contingency-fee agreements. On the other hand, if you prefer to pay a retainer and hourly rates, you can select an attorney that offers this option.
At The Shelly Leeke Law Firm, our team is available to review your auto accident case. For more information or to request a free consultation, please get in touch with us today.
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Do You Have a Product Liability Case?
You have a valid claim for compensatory damages if you are hurt due to a dangerous product. For example, you can buy a product and use it based on the instructions. If the product causes you any harm, you can sue the manufacturer as part of a product liability lawsuit.
At Shelly Leeke Law Firm, we can review your product liability claim at any time. Reach out to a product liability attorney from our law firm today. When you do, we can help you decide if now is the right time to sue one or more at-fault parties due to a defective product.
How Product Liability Is Defined in South Carolina
A product manufacturer or seller is responsible for providing safe items. However, there can be times when a manufacturer or seller makes a mistake, resulting in defective products reaching consumers. If a consumer buys a faulty product and is hurt by it, this individual can seek damages in a product liability lawsuit.
South Carolina has a law in place relating to product liability. State law indicates a product manufacturer, seller, or designer can be held responsible for injury or death due to a faulty product. If a product manufacturer, seller, or designer violates this law, they can be held financially responsible for any harm that they cause.
A product liability attorney can help you identify any at-fault parties so you can pursue damages from them in a product liability case. The lawyer takes as much time as needed to review your claim. If you have a legitimate claim, the attorney will make sure your lawsuit is filed in alignment with South Carolina’s statute of limitations.
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How Much Time You Have to File a Product Liability Lawsuit in South Carolina
There is a three-year statute of limitations for personal injury cases in South Carolina. If you suffer an injury due to a defective product in South Carolina, you have up to three years to file your lawsuit. Those who do not file their lawsuit in accordance with South Carolina’s statute of limitations lose the opportunity to do so at a later time.
If you suffer an injury as a result of a faulty product, it is in your best interests to consult with a product liability lawyer right away. The lawyer can answer any questions you have regarding product liability cases. Plus, the attorney can help you determine how much to request in damages in your product liability lawsuit.
You can request economic and non-economic damages in a product liability case. Economic damages relate to lost wages, medical bills, and other objective losses you have incurred due to your injury. Non-economic damages can be awarded for pain, suffering, and other subjective losses.
What It Takes to Resolve a Product Liability Case
It is your responsibility to present compelling evidence to support your request for damages in your product liability case. To do so, you may need to show any of the following:
You can use the defective product itself, photos, videos, and other evidence in your product liability lawsuit. Each piece of evidence can be used to compel a judge or jury to rule in your favor. It may also drive the defendant in your case to present a settlement offer.
If you receive a settlement in your product liability case, you have the option to accept, reject, or counter it. You should only approve a settlement proposal if you feel it lines up with your best interests. Otherwise, you and your attorney can continue to look for ways to strengthen your case and prepare for your trial date.
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How Much Damages You Can Receive in a Product Liability Lawsuit
A product liability lawyer encourages their client to pursue the most damages possible. There are no restrictions on the economic and non-economic damages you can request in a personal injury lawsuit in South Carolina. Your attorney can look at the costs you have incurred as a result of a defective product and ensure you request a reasonable amount in your lawsuit.
If your product liability case goes to trial, a judge or jury determines how much compensation you will receive. A judge or jury reviews the facts of the case and the evidence provided by both you and the defendant. Then, a decision is made on whether you are awarded full or partial damages or no damages at all.
In the best-case scenario, a judge or jury will find the defendant is 100% responsible for your injury. The judge or jury will award you full damages in this scenario. Yet, if you are found partly responsible for your injury, the judge or jury reduces the damages you are awarded based on your percentage of fault.
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When to Hire a Product Liability Lawyer
If you believe you have a strong case for a product liability lawsuit, meet with an attorney. You can provide the lawyer with details about your case. The attorney can share their concerns and questions with you and help you decide the best course of action.
As you evaluate your legal options, it is important to consult with a product liability attorney that:
Shelly Leeke Law Firm can put you in touch with a product liability attorney from our team. For more information or to request a free consultation, please contact us today.
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Do I Have to Pay Taxes on a Workers’ Compensation Payout?
You may be entitled to workers’ compensation benefits if you have suffered a workplace injury or illness. Workers’ compensation is a system designed to provide benefits to workers injured on the job or suffering from work-related illnesses. These benefits typically cover medical expenses, lost wages, and other related expenses.
One of the questions that often arise for those who receive workers’ compensation is whether they are required to pay taxes on their payouts. In this FAQ, we will discuss the tax implications of workers’ compensation payouts and answer some common questions related to this topic.
State-Specific Workers’ Compensation Laws and Federal Laws Regarding Taxation
While the general principles of taxation of workers’ compensation benefits are the same across all states, there may be some state-specific differences in how benefits are taxed. Some states may exempt all workers’ compensation benefits from taxation, while others may only exempt a portion. It is important to check with your state’s tax authority or a tax professional for specific information regarding the taxation of workers’ compensation benefits in your state.
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Tax Deductions for Legal Fees Related to Your Workers’ Compensation Claim
You may claim a tax deduction for legal fees related to your workers’ compensation claim. However, the deduction may only be available if the legal fees are related to determining or collecting taxable income, such as a lump-sum settlement. If the legal fees are related to medical expenses or other non-taxable aspects of your claim, they may not be deductible.
It is advisable to consult with a tax professional for specific information regarding the deductibility of legal fees related to your workers’ compensation claim.
What Happens if I Receive Both Workers’ Compensation Benefits and Unemployment Benefits?
If you are receiving workers’ compensation and unemployment benefits simultaneously, you may need to report both sources of income on your tax return. Workers’ compensation benefits are not taxable, but unemployment benefits are considered taxable income. You may need to pay taxes on your unemployment benefits depending on the number of benefits you receive.
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What if I Return to Work After Receiving Workers’ Compensation Benefits?
If you return to work after receiving workers’ compensation benefits, you may be required to pay taxes on your income. Any wages you earn from your job are considered taxable, regardless of whether you previously received workers’ compensation benefits. You may also need to adjust your tax withholding to reflect your new income level.
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Tax Implications for Receiving Workers’ Compensation Benefits for a Permanent Injury
The benefits are generally not taxable if you receive workers’ compensation benefits for a permanent injury. However, the tax implications may differ if you receive a lump-sum settlement for a permanent injury. The portion of your settlement intended to replace lost wages or income is generally taxable. It is important to consult with a tax professional or attorney to understand the tax implications of a lump-sum settlement for a permanent injury.
Using Workers’ Compensation Benefits to Pay Taxes
Workers’ compensation benefits are not taxable and cannot be used to pay taxes. However, if you receive a taxable lump-sum settlement, you may be able to use a portion of the settlement to pay taxes. It is important to consult with a tax professional or attorney to understand a lump-sum settlement’s tax implications and determine if it can be used to pay taxes.
What if I Receive Workers’ Compensation Benefits and Social Security Retirement Benefits at the Same Time?
If you receive workers’ compensation benefits and Social Security retirement benefits at the same time, the total amount of your benefits may be subject to taxation. The taxability of Social Security benefits depends on your income level. If you have other sources of income besides your workers’ compensation benefits and Social Security retirement benefits, you may need to pay taxes on a portion of your benefits.
Claiming a Tax Deduction for Mileage Related to the Workers’ Compensation Claim
Yes, you may be able to claim a tax deduction for mileage related to your workers’ compensation claim. The mileage must be related to your work-related injury or illness and not be reimbursed by your employer or workers’ compensation insurance. You may be able to deduct the standard mileage rate set by the IRS for each mile driven for medical purposes.
Claiming a Tax Credit for the Expenses Related to the Workers’ Compensation Claim
There is no tax credit specifically related to workers’ compensation expenses. However, you may be eligible for the medical expense deduction on your tax return if you have significant medical expenses related to your work-related injury or illness. Your medical expenses must exceed a certain threshold based on your income level to qualify for the deduction.
Can I Receive Workers’ Compensation Benefits and Social Security Disability Insurance (SSDI) Benefits at the Same Time?
You may be able to receive workers’ compensation benefits and SSDI benefits at the same time. However, your benefits cannot exceed a certain threshold based on your pre-disability income. If your workers’ compensation and SSDI benefits exceed this threshold, your SSDI benefits may be reduced.
What Is Workers’ Compensation, and How Does It Work?
Workers’ compensation is a system that benefits workers who are injured or become ill due to their work. Employers must have workers’ compensation insurance, which covers employees injured or who develop work-related illnesses. Workers’ compensation benefits include medical expenses, rehabilitation costs, lost wages, and other related expenses.
Taxes and Workers’ Compensation Benefits in South Carolina
No, workers’ compensation benefits are generally not taxable. According to the IRS, workers’ compensation benefits are not taxable. You do not need to report your workers’ compensation benefits as income when you file your tax return.
What About Social Security Disability Insurance (SSDI) Benefits?
SSDI benefits can be taxable if you have other sources of income in addition to your SSDI benefits. However, if you are receiving workers’ compensation benefits, your SSDI benefits may be reduced. This is because the total amount of your workers’ compensation and SSDI benefits cannot exceed 80% of your pre-disability income.
If your SSDI benefits are reduced due to workers’ compensation, the remaining amount may not be taxable.
How Does a Lump-Sum Settlement Work
The tax implications may differ if you receive a lump-sum settlement for your workers’ compensation claim. The portion of your settlement intended to replace lost wages or income is generally taxable. However, the portion of your settlement intended to cover medical or related costs is typically not taxable.
Can I Deduct Medical Expenses Related to My Workers’ Compensation Claim?
Yes, you may be able to deduct medical expenses related to your workers’ compensation claim on your tax return. The expenses must be related to your work-related injury or illness and not be reimbursed by your employer or workers’ compensation insurance. You may be able to deduct expenses such as medical treatments, prescriptions, and travel costs related to your injury or illness.
Receiving Workers’ Compensation Benefits and a Pension Simultaneously
If you receive workers’ compensation benefits and a pension simultaneously, the tax implications may depend on your type of pension. If you receive a pension based on contributions you made with after-tax income, the pension income may not be taxable. However, the pension income may be taxable if you receive a pension based on contributions you made with pre-tax income.
It is important to consult with a tax professional to understand the tax implications of receiving workers’ compensation benefits and a pension simultaneously. Contact Shelly Leeke Law Firm today for more help.
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What to Do After a Rear-End Collision
Rear-end collisions can result in significant injuries and property damage. Knowing what steps to take after a rear-end collision is important to protect yourself and your legal rights. This FAQ page will answer some common questions about what to do after a rear-end collision.
What Steps Should You Take Immediately Following a Rear-End Collision in SC
If you’ve been involved in a rear-end collision, you should first check for injuries. If anyone is injured, call 911 immediately. Even if no one appears injured, exchanging information with the other driver(s) involved is still important.
Be sure to get the driver’s name, contact information, insurance information, and license plate number.
Contact the Police After a Rear-End Collision
Yes, it’s always a good idea to contact the police after a car accident, including rear-end collisions. A police report can provide important documentation of the accident, including the location, time, and weather conditions. The police report may also include statements from witnesses and a diagram of the accident scene.
Gather Information After a Rear-End Collision
After a rear-end collision, you should gather as much information as possible about the accident. This includes:
Take Pictures at the Scene of the Incident
Yes, taking pictures of the accident scene can be very helpful. Be sure to take pictures of the damage to both vehicles and the surrounding area.
Take pictures from different angles and distances, and try to capture the full extent of the damage. You should also take pictures of any injuries you sustained.
Statements to the Insurance Carriers
After a rear-end collision, you must be careful about what you say to the other driver and their insurance company. Stick to the facts and be honest, but don’t speculate about what happened or who is to blame.
Contact a Rear-End Collision Attorney
If you’ve been injured in a rear-end collision, contacting a personal injury lawyer is a good idea. A lawyer can help you understand your legal rights and options and can assist you in pursuing a compensation claim. Additionally, a lawyer can communicate with the insurance companies on your behalf.
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What Damages Can I Recover After a Rear-End Collision?
If you’ve been injured in a rear-end collision, you may be able to recover damages for:
What if the Insurance Company Denies My Claim?
If the insurance company denies your claim, you may need to pursue legal action to recover compensation for your injuries and property damage. A personal injury lawyer can help you file a lawsuit and represent you in court to protect your legal rights.
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Can I Still Pursue a Claim if the Other Driver Fled the Scene of the Accident?
If the other driver fled the accident scene, pursuing a claim could be more difficult. However, if you have uninsured motorist coverage on your own insurance policy, your insurance company may be able to cover your damages. Additionally, if the police can identify the other driver, you may be able to pursue a claim against them personally.
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What if the Other Driver’s Insurance Company Offers Me a Settlement?
If the other driver’s insurance company offers you a settlement, it’s important to consult with a personal injury lawyer before accepting the offer. Insurance companies often offer low settlement amounts to minimize their own costs, and you may be entitled to more compensation than what is being offered.
Lost Wages After a Rear-End Collision
If you cannot work after a rear-end collision, you may be entitled to recover lost wages or income as part of your personal injury claim. This can include wages you lost while recovering from your injuries and future wages you may lose if your injuries prevent you from working in the future.
Handling a Vehicle Totaled After a Rear-End Incident
If your vehicle is totaled in a rear-end collision, you may be entitled to recover the value of your vehicle as part of your personal injury claim. This can include the fair market value of your vehicle and any additional costs associated with replacing your vehicle.
Timeframe for a Resolution to the Claim
The time it takes to resolve a personal injury case depends on several factors, including the complexity of your case, the severity of your injuries, and whether or not the other driver disputes liability. Sometimes, a personal injury case can be resolved within a few months. In others, reaching a settlement or verdict may take several years.
Commercial Vehicle Rear-End Collisions
If the other driver was driving a commercial vehicle during the rear-end collision, this could complicate your personal injury claim. Commercial vehicle accidents are subject to a different set of regulations and may involve multiple parties, including the driver, the company that owns the vehicle, and the company that employs the driver. A personal injury lawyer with experience in commercial vehicle accidents can help you navigate these complexities and pursue a compensation claim.
Can I Still Pursue a Personal Injury Claim if the Other Driver Received a Traffic Citation?
If the other driver received a traffic citation for the rear-end collision, this could be useful evidence in your personal injury claim. However, receiving a citation does not automatically mean that the other driver is liable for your injuries.
A personal injury lawyer can help you evaluate the evidence and determine whether you have a strong compensation claim. Contact Shelly Leeke Law Firm today for more help.
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Is an Independent Contractor Covered by Workers’ Compensation in South Carolina?
Workers’ compensation does not cover Independent contractors in South Carolina unless they purchase their own insurance. This page will answer some common questions about workers’ compensation and independent contractors in South Carolina, including how they are defined and how they can protect themselves from injury on the job. We hope this information will be helpful for independent contractors to understand their legal rights and obligations in South Carolina.
Who Is an Independent Contractor?
An independent contractor is a worker who provides services to clients or companies without being an employee of those clients or companies. Independent contractors are self-employed and responsible for their taxes, insurance, and business expenses.
How South Carolina Defines an Independent Contractor
South Carolina law defines an independent contractor as someone free from control and direction in connection with the performance of their work, both under their contract of service and in fact. This means the contractor controls their work and is not supervised by the client or company that hired them.
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How Can I Determine if I Am an Independent Contractor or an Employee?
The determination of whether you are an independent contractor or an employee depends on a variety of factors. If you are provided with tools, equipment, and materials by your employer and are subject to their control and direction in performing your work, you are likely an employee.
Types of Benefits Independent Contractors Receive
Independent contractors do not typically receive health insurance, retirement plans, or workers’ compensation benefits. They are responsible for their taxes and must provide insurance coverage. However, they may be able to deduct some of their business expenses from their taxes.
An independent contractor may sue a client or company for injuries sustained on the job if they can prove that the client or company was negligent and that negligence caused their injuries. However, it can be difficult to prove negligence, especially if the contractor was responsible for their own safety.
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How Independent Contractors Can Protect Themselves from Injury on the Job
Independent contractors should protect themselves from injury using proper safety equipment and following all applicable safety guidelines. They should also ensure they have appropriate insurance coverage in case of injury or accident. In addition, they should communicate with the client or company about any potential safety hazards or concerns.
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What to Do if You Are Injured as an Independent Contractor
You should seek medical attention immediately if you are injured as a contractor. You should also report the injury to the client or company you are working for and consult an attorney to determine if you have any legal recourse. You should contact your insurance company to file a claim if you have purchased workers’ compensation insurance.
Independent contractors in South Carolina may purchase their own workers’ compensation insurance. However, it is not required by law and can be expensive. Some independent contractors purchase this insurance to protect themselves in case of injury or accident.
The insurance cost depends on various factors, including the type of work being performed, the risk of injury, and the contractor’s history of claims.
Situations Wherein Workers’ Compensation Can Cover an Independent Contractor in South Carolina
There are some situations where an independent contractor can be covered by workers’ compensation in South Carolina. For example, if an independent contractor is working on a construction site and is injured due to the negligence of another contractor or subcontractor, they may be able to receive workers’ compensation benefits.
Workers’ compensation in South Carolina typically covers injuries sustained while on the job, including back injuries, broken bones, repetitive stress injuries, and occupational diseases.
How Long You Have to File a Workers’ Comp Claim in South Carolina
In South Carolina, you generally have two years from your injury to file a workers’ compensation claim. However, this rule has some exceptions, so it’s important to consult with an attorney to ensure that you meet all the necessary deadlines.
Social Security Disability Benefits
An independent contractor may be eligible for Social Security disability benefits if they have paid into the Social Security system and meet the eligibility requirements for disability. However, the process for obtaining disability benefits can be complex, and working with an experienced attorney is important to ensure you receive the benefits you are entitled to.
What to Do if Your Workers’ Compensation Claim Is Denied
You can appeal the decision if your workers’ compensation claim is denied. It’s important to work with an attorney with experience in workers’ compensation law to help you navigate the appeals process and protect your rights.
Can an Independent Contractor Be Held Liable for Injuries Sustained by Someone Else on the Job Site?
Yes, an independent contractor can be held liable for injuries sustained by someone else on the job site if they have been negligent or violated safety regulations. It’s important for independent contractors to take appropriate safety measures and to ensure that their work meets all relevant safety standards to avoid potential liability issues.
Can an Independent Contractor Be Classified as an Employee if They Work for One Company for an Extended Period of Time?
Yes, if an independent contractor works for one company for an extended period of time and is subject to the company’s control and direction in how they perform their work, they may be reclassified as an employee. It’s important to ensure that you understand the terms of your contract and the nature of your relationship with the company to avoid potential classification issues.
Independent contractors can also work for multiple clients simultaneously as long as they can fulfill their obligations to each client without conflict of interest. It’s important to ensure that you have the necessary time and resources to meet the needs of each client and avoid potential conflicts of interest.
An independent contractor can be liable for damages if they cause an accident while working, just like any other individual or business. This is why independent contractors need liability insurance coverage to protect themselves in case of accidents or injuries.
Can an Independent Contractor Work for a Company and Also Be Considered Self-Employed?
Yes, an independent contractor can work for a company and still be considered self-employed if they meet the criteria for independent contractor status, such as having control over their work and being responsible for their own taxes and insurance coverage. Understanding the nature of your relationship with the company is important to avoid potential misclassification issues.
Types of Insurance Coverage an Independent Contractor Should Consider Purchasing
Independent contractors should consider purchasing liability insurance and disability insurance, and workers’ compensation insurance. Liability insurance can help protect them in case of accidents or injuries due to their work, while disability insurance can provide financial support if they cannot work due to injury or illness. It’s important to consult with an insurance agent to determine the best insurance coverage for your specific needs.
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What if the Other Driver of a Car Accident Denies Liability?
If the other driver at fault denies liability, you can file a legal claim and seek damages. You don’t need the driver to admit responsibility for a successful claim. When a driver denies liability, your South Carolina car accident lawyer must submit evidence and negotiate with the insurance company to prove liability.
Establishing how the accident happened is a critical element of proving liability. Car accidents are devastating, and having to deal with fighting about liability makes matters worse. Worry about your wounds and let a South Carolina car accident attorney handle the rest.
Will the Police Report Help Establish Fault?
While the other driver denies liability, the police report will provide critical evidence to prove which driver caused the accident. When police officers cite drivers for traffic infractions, it shows they bear liability for the accident.
Sometimes police will not cite anyone, but that doesn’t mean the police report is useless. The police report also shows how the officer believes the accident occurred and, therefore, liability.
These reports have details about the accident that are often overlooked. Your South Carolina car accident lawyers will review those overlooked details.
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When Is the Other Driver Liable?
Some cases are cut and dry, and others are very complex. A rear-end accident is an example of when one driver is at fault. The rear driver is at fault in most rear-end crashes.
DUI collisions are another instance where liability is clear. The driver who is intoxicated is at fault because they choose to use substances when driving.
A left turn accident can be contentious, but when one person is traveling forward while another is making a left turn, the driver turning left is at fault. The left-turning driver will use excuses to blame you instead, but these are typically clear-cut cases.
What Are the Four Elements of Negligence?
When liability is in question, there are four elements to prove negligence. These elements are vital, and the first is establishing the duty of care, which shows the other driver owes you a duty to drive responsibly.
Next, the driver breached this duty by participating in dangerous actions and endangering others. Their negligent actions caused you to be in an accident. Lastly, you must prove you suffered damages from the accident that can be remedied by monetary compensation.
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Is the Insurance Company on My Side?
The other driver’s insurance company is not on your side, and if the driver denies liability, they will side with them. Insurance adjusters will work diligently to find evidence that the driver is right.
When you speak to your insurance company, keep the conversation brief and do not agree to a recorded statement. You cannot trust either company. Talk to a local car accident lawyer instead.
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Can the Other Insurance Company Deny Liability?
The other driver is denying liability. Their insurance company will do the same. They thrive on denying liability because they don’t have to pay you for your losses and can reject your claim outright.
What insurance companies cannot deny is solid proof of liability.
How Do I Prove Liability?
The insurance company cannot deny liability if there is viable evidence of liability. Gathering evidence that can sway the insurance company and potential jury in your favor is crucial. Our South Carolina car accident lawyers will collect and review witnesses’ accounts, police reports, driving systems, cell phone records, and photos.
We can also look at the road conditions and find maintenance reports. Dents and damage at the point of impact can help an accident reconstruction create a report. Damage to the vehicles detailed in repair reports can also help prove liability.
What Else Will a South Carolina Car Accident Lawyer Do for Me?
Evidence collection is one vital element that an experienced lawyer will do to help car accident victims, but they have many other ways to help. Their primary role is establishing liability for the crash and helping you seek fair compensation. Your lawyer can gather and organize your medical documents and present them convincingly to the insurance company and will also obtain the official police report and interview witnesses.
If the other driver had an underlying cause like a mechanical failure, we can consult mechanics and get service records. Weather is a contributing factor, and collecting weather reports for the date and time of the accident can help. When necessary to prove your claim, injury lawyers can hire expert witnesses to establish liability.
Negotiating with the insurance company is another essential aspect of insurance claims. Filing a lawsuit and preparing for trial is the final task your lawyer can offer you when negotiations are unsuccessful.
What Is the Statute of Limitations for South Carolina Accident Claims?
Moving quickly to file a claim is essential, especially when there are issues concerning liability. You will need as much time as possible to prove liability and work on these claims.
Unfortunately, there are also statutes of limitations regarding how long you have to file a claim. Accident victims have three years to file a car accident claim. It seems like a long time, but it is not when there are many legal aspects to consider.
What if the At-Fault Driver Doesn’t Have Insurance and Denies Liability?
When a driver does not have car insurance, you can file a claim through your insurance policy using your uninsured or underinsured motorist coverage. However, you can use this when the other driver is at fault, and if they deny liability, it can be challenging to tap into these benefits.
You should prove to the insurance company that the other driver is at-fault and doesn’t have sufficient insurance. These are very complex situations, and you must speak with a lawyer immediately.
Where Can I Find Legal Assistance?
After a car accident where the at-fault driver denies liability, you must find a South Carolina car accident lawyer ready to help you. The Shelly Leeke Law Firm is here to help injury victims facing liability disputes after a car accident. Schedule a free case review with our firm today.
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Can Seat Belt Injuries from Car Accidents Be Serious?
Car accidents can be traumatic and sometimes result in serious injuries, including seat belt injuries. Although seat belts are designed to protect occupants in a car during an accident, they can also cause injuries if not worn properly or if the accident’s impact is severe enough. This FAQ page will answer some common questions about seat belt injuries and how serious they can be.
What Is a Seat Belt Injury?
A seat belt injury is any injury sustained from wearing a seat belt during a car accident. These injuries can range from minor cuts and bruises to more serious injuries, such as broken bones, internal injuries, or even spinal cord injuries.
Seat belts work by restraining occupants in a car during an accident, preventing them from being ejected or hitting the dashboard or windshield. Common seat belt injuries include bruising and abrasions, whiplash, broken bones, and internal injuries. However, the force of the seat belt can also cause injuries, particularly if the accident’s impact is severe.
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What Are the Symptoms of a Seat Belt Injury?
Symptoms of a seat belt injury can vary depending on the severity of the injury. Minor injuries may only result in bruising or soreness, while more serious injuries can cause pain, swelling, or difficulty moving. Some internal injuries may not present symptoms immediately, so seeking medical attention after any car accident is important.
Seat belt injuries can be serious. In some cases, seat belt injuries can be life-threatening, particularly if the injury involves internal bleeding or organ damage. It is important to seek medical attention after a car accident to ensure that any injuries are properly diagnosed and treated.
What to Do if You Suspect a Seat Belt Injury
If you suspect a seat belt injury, seek medical attention immediately. A medical professional should evaluate even minor injuries to ensure that no underlying issues could worsen over time. It is also important to report the accident to the police and your insurance company.
The best way to prevent seat belt injuries is to wear your seat belt properly whenever you are in a car. The lap belt should be worn low and tight across your hips, while the shoulder belt should cross your chest and shoulder without touching your neck. Children should always be properly secured in an age-appropriate or booster seat.
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Should I Still Wear a Seat Belt if I Have Had a Seat Belt Injury in the Past?
Yes, you should still wear a seat belt even if you have had a seat belt injury in the past. Seat belts are the best way to protect yourself in a car accident, and the risk of injury from not wearing a seat belt far outweighs the risk of injury from wearing one.
While newer cars have advanced safety features that reduce the risk of injury during an accident, seat belt injuries can still occur. It is important to wear your seat belt properly and ensure that any passengers in your car do the same.
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Common Types of Seat Belt Injuries
Common seat belt injuries include bruising and abrasions, whiplash, broken bones, internal injuries such as organ damage or internal bleeding, spinal cord injuries, and chest or neck injuries.
Seat belt injuries can lead to long-term health problems, particularly if the injury involves spinal cord damage or internal injuries that were not properly diagnosed or treated. In some cases, seat belt injuries can also result in chronic pain or disability.
Seek medical attention immediately after a car accident if you suspect any seat belt injury. Even minor injuries can worsen over time; getting a proper diagnosis and treatment plan is important. You should also report the accident to the police and your insurance company.
Can the Severity of a Seat Belt Injury Depend on the Type of Accident?
Yes, the severity of a seat belt injury can depend on the type of accident. The force of the impact and the collision angle can contribute to the injury’s severity. For example, a head-on collision is more likely to result in serious seat belt injuries than a minor fender bender.
Seat belt injuries can occur in any vehicle, but they may be more common in smaller cars or older vehicles that do not have advanced safety features. However, properly wearing a seat belt can reduce the risk of injury in any vehicle.
Can Seat Belt Injuries Be Prevented by Adjusting the Seat Belt Height?
Adjusting the seat belt’s height can help ensure that it is worn properly, but it may not prevent all types of seat belt injuries. It is important to wear the seat belt snugly across your hips and chest to avoid slouching or leaning forward while in the car.
Laws that Require People to Wear Seat Belts While Driving or Riding in a Car
Yes, seat belt laws in most countries require drivers and passengers to wear seat belts while in a car. These laws are in place to protect occupants in the event of an accident and to encourage safe driving habits. Failing to wear a seat belt can result in fines or other penalties.
Pregnant women can safely wear seat belts, but they should be worn properly to minimize the risk of injury. The lap belt should be worn low and snug across the hips, while the shoulder belt should be worn across the chest and between the breasts. Pregnant women should also avoid wearing seat belts too tight or loose and consult their doctor about any concerns regarding seat belt use during pregnancy.
Can Seat Belt Injuries Occur Even if the Seat Belt Is Worn Properly?
Yes, seat belt injuries can occur even if the seat belt is worn properly. The impact force during an accident can still cause injuries, even if the occupant wears a seat belt.
Airbags can help reduce the risk of injury during an accident, but they can also cause seat belt injuries if deployed improperly. This is why it is important to wear your seat belt properly and follow the manufacturer’s recommendations for airbag use.
Seat belt injuries can even occur in low-speed accidents. Even if the impact of the accident is relatively minor, the force of the seat belt can still cause injuries.
Can Seat Belts Injure Children?
Yes, seat belts can injure children if they are not properly secured in age-appropriate car seats or booster seats. It is important to follow the manufacturer’s recommendations for car seat use and ensure that children are properly secured before driving.
Medical Conditions that Can Increase the Risk of Seat Belt Injuries
Some medical conditions, such as osteoporosis or certain blood clotting disorders, may increase the risk of seat belt injuries. It is important to discuss any medical concerns with your doctor and to follow their recommendations for seat belt use.
Seat belt injuries can be more severe in older adults, particularly if they have weakened bones or other underlying medical conditions. However, properly wearing a seat belt can help reduce the risk of injury during an accident.
Technologies that Can Help Prevent Seat Belt Injuries
Several new technologies are being developed to help prevent seat belt injuries, such as inflatable seat belts and active seat belt systems that adjust the seat belt’s tension based on the occupant’s position. However, wearing your seat belt properly and following safe driving practices is still important to reduce the risk of injury during an accident. Contact Shelly Leeke Law Firm today for more help.
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What Other Surveillance Can Be Used in Car Accident Cases?
You can use your smartphone to capture photos or videos at the scene of your car accident. Other photographic and video evidence may be available from witnesses’ smartphones, residential and commercial security cameras, and other sources. By partnering with a car accident lawyer, you can collect and review a wealth of evidence from a wide range of sources.
The Shelly Leeke Law Firm works hard to help auto accident victims gather and assess evidence. To find out more, contact an auto accident lawyer from our firm. We can take a look at your car accident and answer any questions you have about your case.
What Is Surveillance in a Car Accident Case?
Surveillance refers to the monitoring of activities that result in a car accident. It can come from video cameras, eyewitnesses, and other sources. Any of these sources can help you present a compelling argument if you seek compensatory damages after an auto accident.
For example, a witness may have seen a negligent driver crash into your vehicle. In this instance, the witness may be able to testify on your behalf during your personal injury trial. The witness can explain what they saw, which can help you secure the maximum amount of damages.
There can be times when surveillance footage is available from security cameras at residential and commercial properties. These cameras can capture your car accident. If you can access this footage, you may be well-equipped to present a compelling case to a judge or jury.
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How Can I Get Surveillance that Can Be Used in a Car Accident Case?
It pays to partner with an attorney that has plenty of experience with motor vehicle accident cases. Your attorney searches far and wide for evidence you can use during your trial. Plus, your lawyer can figure out who to contact to retrieve evidence.
There can be instances where an attorney asks residents near the scene of an auto accident for video doorbell footage. Or, a lawyer may find car and truck drivers that have dashcam footage of an auto accident. An attorney may even connect with car accident witnesses to find out if they captured videos of the incident.
The best attorney recognizes the value of evidence in your auto accident case. This lawyer explores every opportunity to gather evidence and use it to strengthen your argument. If the attorney is successful, they can help their client secure the most damages possible.
What Should I Do with Surveillance Footage from a Car Accident?
If you have surveillance footage, you should share it with your attorney immediately. You and your lawyer can review the footage and figure out how it can be presented during your trial. Also, your attorney can get in touch with anyone that provides you with evidence, as these individuals may be able to serve as witnesses.
Maintaining a collection of surveillance footage and other evidence for your car accident case is beneficial. You should secure this evidence and make sure you and your attorney have no trouble accessing it. As you and your attorney gather surveillance footage, you should add it to your collection of evidence.
Review any evidence you get with your lawyer. There can be instances where certain pieces of evidence are irrelevant to your case. In these instances, your attorney can help you identify the best pieces of evidence to present during your trial.
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Will I Need to Pay for Surveillance Footage from My Car Accident?
You may need to pay legal fees so your attorney can help you gather surveillance footage from your auto accident. If your attorney works on an hourly rate, you will be charged this rate. On the other hand, if your lawyer works on a contingency basis, your attorney will deduct a percentage of your settlement at the conclusion of your case.
In many instances, you can ask for video footage from your car accident, and someone may willingly provide it. For example, a local homeowner may have captured video footage of your auto accident from their doorbell camera. You can ask the homeowner for this footage, and they may choose to provide it to you without delay.
Comparatively, you may need to file a subpoena to request video footage. Your attorney can help you submit a subpoena and make sure it is enforced. Once the party that receives the subpoena follows through on it, you will get the video footage you requested.
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What Do I Need to Do to Get as Much Surveillance Footage as Possible for My Car Accident Case?
Partnering with a car accident lawyer is an excellent starting point. Your attorney can help you collect surveillance from a variety of sources. In addition, your lawyer will make sure that you:
Expect your attorney to use surveillance footage in conjunction with other evidence and witness testimony. This ensures you can present a multi-faceted argument to a judge or jury. From here, a judge or jury decides whether to award damages.
Does Using Surveillance Footage as Evidence Guarantee that I Will Be Awarded Damages in My Car Accident Case?
Surveillance footage can strengthen your case for damages relating to your car accident. However, it does not determine your case. Rather, surveillance footage is one of many pieces of evidence that you can provide to compel a judge or jury to rule in your favor.
Your attorney works diligently to help you present the strongest argument possible. Surveillance footage can help you win or settle your case, and your lawyer will consider it accordingly. Meanwhile, your attorney will not rely exclusively on surveillance footage to help you secure damages.
At The Shelly Leeke Law Firm, we can help you retrieve and evaluate surveillance footage and other evidence for your auto accident case. For more information or to request a free consultation, please get in touch with us today.
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What Happens if You Verbally Accept a Settlement Offer?
When you verbally accept a settlement offer, you may wonder whether this is a valid and legally-binding agreement. You might also wonder whether you can continue negotiating if you have yet to sign a formal acceptance offer. Thankfully, when you have an experienced personal injury attorney on your side, you can get answers.
You have the right to change your mind until you formally accept a settlement offer in writing. Suppose the insurance company is attempting to take advantage of you or settle your claim for less than you deserve. In that case, your personal injury attorney will suggest renegotiating your settlement for a more reasonable offer.
Talk to a Personal Injury Lawyer Before You Accept a Settlement Offer
When you initially speak to the insurance company, you may be anxious to access the compensation you need to cover your costs. Unfortunately, this is a time when insurance companies often take advantage of claimants.
They know you need access to compensation now and may be willing to settle your claim as quickly as possible, even though it is significantly less than your claim is worth. Fortunately, having a personal injury attorney on your side means the insurance company cannot trick you into settling for less than your claim is worth.
Although you might initially accept the first offer, once you talk to your lawyer and find out how much your claim is actually worth, unless you have formally signed and accepted the insurance company’s offer, you can continue negotiating. For this reason, it may be in your best interests to have your attorney review the insurance company settlement offer before you make a decision and sign on the dotted line.
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Why Insurers Make Fast Settlement Offers
Insurance companies know you need access to money now and may be willing to make quick offers in the hopes of settling for less than you are entitled to. However, insurance companies make fast settlement offers primarily because they recognize the actual value of your claim and hope to protect their profit loss.
When you first speak to the insurance company, you may need to be made aware of how much your claim is worth or the extent to which your injuries have affected your life. Without having an attorney working for you, there is a wide range of losses you could miss out on recovering, such as:
Having carefully reviewed all of how your life has been affected by your injuries is necessary for the insurance company to know how much your claim is worth. For this reason, if you receive a fast offer from the insurance company, you should immediately be skeptical and review the proposal with your lawyer before accepting. Even though you can access settlement fines sooner, your claim could be worth far more if you wait and continue negotiating.
Take the Time to Consider Your Options
When the insurance company initially makes you a settlement offer, you may be pressured into making a decision immediately. Access to compensation now. However, you are not obligated to answer the insurance company instantly.
You can let them know that you would like to discuss their offer with your attorney before you decide. Then, you can have the insurance company contact your personal injury lawyer to review the settlement offer on your behalf.
That way, you are not at risk of being tricked into accepting a settlement significantly less than your claim’s value. Your attorney will then be able to continue negotiating with the insurance company for a settlement offer that more reasonably meets your needs.
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Hire a Personal Injury Attorney to Handle the Insurance Company
In first speaking with the insurance company, you may not have a personal injury lawyer working on your case. After all, you may not know you have grounds for legal action. When you receive a verbal offer from the insurance company, it is essential to remember that the insurer is not on your side.
They are working for the insurance company and aiming to protect the insurance company’s financial interest. For this reason, you must have a legal advocate prioritizing your needs.
If you do not have a personal injury lawyer, politely tell the insurance adjuster that you must review the offer with your personal injury attorney first. Then, get on the phone and contact an experienced personal injury lawyer you can hire to begin negotiating with the insurance company.
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How Your Lawyer Will Help
When you have never been through the claims process before, you may initially be intimidated by the thought of hiring a personal injury lawyer. However, having an experienced legal advocate on your side can make all the difference in the throes of your recovery. You can rely on your personal injury attorney to:
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Verbally accepting a settlement offer is not the end of the road for your insurance claim. It would be best to formally accept the settlement offer in writing before it is legally binding and valid. This means you can change your mind and continue renegotiating if you discover the insurance company is attempting to settle your claim for less than you deserve.
Get help protecting the compensation you are entitled to when you contact an experienced personal injury attorney at Shelly Leeke Law Firm for help. You can reach us through our online contact form or phone to start working on your insurance claim as soon as today.
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Falling Asleep While Driving: Is It Considered Negligence?
Falling asleep when driving in South Carolina may be gross negligence if you are behind the wheel and involved in a car accident. It can be ruled that the drowsy driver acted negligently and disregard the safety of others.
It is a risky move with catastrophic consequences. If you were in an auto accident involving a negligent, fatigued driver, fight for justice alongside a South Carolina motor vehicle accident attorney.
How Dangerous Is Falling Asleep When Driving?
Lack of sleep and driving while very tired is an epidemic in the United States, with one-third of adults getting less than the recommended seven-plus hours of sleep each night, according to the Centers for Disease Control and Prevention (CDC).
According to federal government data, approximately 90,000 car accidents happen each year in the United States due to drivers falling asleep while operating a vehicle. Sleepy driving impairs a person’s driving ability, just as driving while intoxicated affects your cognitive and motor functions.
Even if drivers nod off for a few seconds for a “microsleep,” there are still serious dangers. Drowsy drivers taking this risk are liable for others’ injuries and fatalities and can be considered grossly negligent.
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Falling Asleep When Driving: When is it Considered Negligence?
The legal term negligence can be defined as the fundamental understanding everyone owes each other a duty of care. This duty includes not putting others at risk of harm, which includes when you are on the road. The goal of a car accident lawyer is to show that another driver was negligent behind the wheel. They do so by gathering evidence that shows the:
Your attorney will gather evidence to show that fatigue is the cause of negligence and the defendant violated the duty of care to others, impairing their judgment and actions behind the wheel. In other words, the driver can be found legally and financially responsible for the accident.
When Are Drowsy Driving Crashes More Common?
According to research and statistics provided by the NHTSA, while car accidents caused by sleepy drivers can happen any time of the day or night, there are several more common times and factors for drowsy driving crashes, including:
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What Are the Legal Consequences of Falling Asleep While Driving?
A person who falls asleep while driving may be guilty of reckless driving or vehicular manslaughter if the accident caused a wrongful death.
It varies from state to state but driving a motor vehicle while drowsy can be classified as a felony, depending on the accident and whether a death was involved. The sleepy driver who caused the car accident will also be required to pay for the victim’s damages, which can include:
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How Can a Car Accident Attorney Prove Punitive Damages?
In car accidents that show extremely reckless actions by the fatigued at-fault driver, punitive damages can be sought by the victim’s car accident attorney. Punitive damages are awarded in addition to actual damages in certain circumstances, usually determined by the presiding judge. These damages are meant to not only punish the sleepy driver’s behavior in their particular accident but to serve as a warning for the defendant and other drivers.
These factors are considered by the court to prove that punitive damages are involved that exceed simple compensation:
What Are the Indicators of Falling Asleep While Driving?
Drivers will often not realize how sleepy they are behind the wheel and how catastrophic driver fatigue can be. There are warning signs that you or someone else is falling asleep while driving, including:
If you are driving or are a passenger with someone else driving, take notice of these warning signs. Pull over as quickly as possible and rest to avoid a car accident.
What Are the Causes of Tired Driving?
The obvious cause of fatigued driving is a general lack of sleep, but drowsy driving can also be caused by:
How Can an Attorney Help Investigate a Car Accident Caused by a Fatigued Driver?
Victims of a driver who causes a crash after falling asleep deserve representation by an experienced motor vehicle attorney in South Carolina to hold the grossly negligent driver responsible and ensure they receive the maximum compensation for their injuries and losses.
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Can You Sue a Hospital for Wrongful Death?
Unfortunately, mistakes by doctors, nurses, pharmacies, and hospital staff kill South Carolinians each year. If your loved one is included in those fatalities, you have the right to sue the hospital for wrongful death.
If you want to file a wrongful death lawsuit, however, you must first prove through clear evidence that your loved one died as a direct or indirect result of the negligent actions of the defendant at the hospital. This is a daunting task – especially when you need to go head-on against the healthcare agency’s hefty legal teams – so it will require the proven expertise of a wrongful death attorney in South Carolina.
How Do You Define Wrongful Death?
A wrongful death is caused by another party’s negligence, and this does not just happen in the realm of the medical field but also in workplace accidents, auto accidents, manufacturing defects, and more. According to South Carolina law, a lawsuit can be filed to recover damages to benefit the wife, husband, or children left behind.
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What Are Some Examples of Wrongful Death Malpractice?
The medical and healthcare field is obligated to provide treatment and care for patients with illnesses or injuries, not inflict harm or cause death. But doctors, nurses, medical care providers, and other healthcare professionals are human and make mistakes that can sometimes be fatal.
Some examples of wrongful death malpractice that justify filing a lawsuit against the hospital where your loved one was a patient include:
What Is Duty Owed and Duty Breached in a Wrongful Death Case?
The legal term “duty owed and duty breached” refers to something that the plaintiff in a wrongful death lawsuit needs to prove about the defendant: that they had a duty to the victim and they breached, or failed to uphold, that duty.
A prime example of this relationship is the one between a doctor and a patient, where the doctor has a duty to provide the patient with a quality standard of medical care but may fail to do so, resulting in a breach of duty and the death of the patient.
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What Are Causations and Damages in a Wrongful Death Case?
Loved ones in a wrongful death lawsuit also need to prove that the hospital at fault caused the victim’s death (causation) and establish that their passing resulted in damages and unavoidable costs to you and other surviving family members. This extends beyond financial damages to emotional trauma and loss of consortium.
Proving this can be difficult in these claims against large corporations or healthcare agencies, such as hospitals and nursing homes. It will require the strength and experience of a wrongful death lawyer in South Carolina to combat them.
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Who Can Receive Wrongful Death Benefits from a Lawsuit?
In South Carolina, family members who can receive financial benefits from a wrongful death lawsuit because of the death of a loved one include:
If the deceased has no living parent, spouse, or children, the settlement would be distributed by South Carolina heir laws. Also, if the victim did not have a will, a personal representative may be selected by the court.
What Damages Can Be Covered in a Wrongful Death Lawsuit?
Damages in a wrongful death lawsuit can be divided into two categories:
Suing a hospital for wrongful death could cover financial damages that are now left behind for the family to take on, including:
In some cases, the plaintiff can also sue the hospital for wrongful death to cover intangible losses like emotional trauma and loss of companionship.
What Is the Statute of Limitations for Suing a Hospital for Wrongful Death?
The time limit, or statute of limitations, to sue a hospital for most wrongful death cases in South Carolina is three years against non-governmental individuals or organizations. This timeline starts on the date of your loved one’s death, and if the lawsuit is not filed by this deadline, your case will most likely be denied.
If you are suing a defendant affiliated with the government, such as a public hospital, you have two years to file a wrongful death claim. Regardless, no medical malpractice wrongful death lawsuits can be filed more than six years after the malpractice act occurred.
How Can a Wrongful Death Attorney Help You Sue a Hospital?
To successfully sue a hospital and receive compensation for your loved one’s death, it is vital to hire an expert wrongful death attorney in South Carolina to gather evidence that will strengthen your claim, negotiate a settlement, and win your lawsuit because of their negligence.
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Do I Have to Pay My Deductible if I Was Not at Fault?
Being involved in a car accident can be a traumatic experience, and the aftermath can be confusing and overwhelming, especially when dealing with insurance companies and deductibles. One common question is whether you must pay your deductible if you were not at fault for the accident. A deductible is an amount you agree to pay out of pocket before your insurance coverage kicks in.
Do I Have to Pay My Deductible if I’m Not at Fault?
If you get into an accident and it’s not your fault, the other driver’s insurance company should pay for the damages, and you may not have to pay your deductible. It depends on your insurance policy. Some insurance policies require you to pay your deductible even if you are not at fault, while others do not. Reviewing your policy or speaking with your insurance agent to understand your coverage is important.
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Getting Your Deductible Back
Yes, if you have to pay your deductible and you were not at fault, you may be able to get it back from the at-fault driver’s insurance company. This is called subrogation. Your insurance company will pursue the at-fault driver’s insurance company to recover the money paid for the damages, including your deductible.
The time it takes to get your deductible back can vary depending on the specific circumstances of your case. It may take several weeks or even months for the insurance companies to settle the claim and for your deductible to be reimbursed.
You may be able to sue the at-fault driver for your deductible if their insurance company refuses to pay. A lawyer can help you determine whether suing is viable for your case.
What Should I Do if My Insurance Company Requires Me to Pay My Deductible?
If your insurance company requires you to pay your deductible, you should pay it as required under your policy. However, you may be able to recover your deductible through subrogation or by suing the at-fault driver’s insurance company.
Besides your deductible, you may be responsible for other expenses related to the accident, such as medical bills, lost wages, and property damage.
Negotiating with your insurance company to waive your deductible is possible, but it is not common. Your insurance company may consider waiving your deductible if there are extenuating circumstances or if you have been a long-time customer with a good driving record.
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Can I Still File a Claim if I Don’t Have Collision Coverage?
If you do not have collision coverage, you may still be able to file a claim for damages with the at-fault driver’s insurance company. However, you will not be able to recover your own damages through your insurance policy. If you have liability coverage, which is required, your insurance will only pay for the damage to the other vehicle.
Comprehensive coverage will cover your car if the damage did not come from a collision. Comprehensive coverage will pay for things like vandalism, theft, or damage caused by weather. You may be paying for repairs out of your pocket if you are the at-fault driver.
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What if the At-Fault Driver’s Insurance Company Denies My Claim or Offers a Settlement Too Small to Cover My Deductible?
If the at-fault driver’s insurance company denies your claim or offers you an amount that does not cover your deductible, you should contact a car accident lawyer. Your attorney can negotiate with the insurance company about the damages you sustained and will work to come to a suitable resolution. If the at-fault party’s insurance company still does not offer a fair settlement, your South Carolina car accident attorney can help you pursue fair compensation at trial.
Can My Insurance Company Increase My Premiums if I File a Claim?
Your insurance company can increase your premiums. When you file a claim, you are signaling to your insurance company that you are a risk for them to insure. Drivers that the insurance company considers risky are charged more to insure.
Check your policy, if you have coverage for accident forgiveness, which is typically an add-on product, your insurance premiums may not change at all. So, by filing a claim, you may see higher premiums. For more minor accidents, like fender benders, your insurance premiums will not increase as much as they would if you filed a claim for a more serious car accident.
What if the At-Fault Driver Is Uninsured or Underinsured?
In South Carolina, auto insurance providers are required to offer you uninsured motorist coverage or underinsured motorist coverage. But, by law, you do not have to carry it in your vehicle. If you have this coverage and the at-fault driver was uninsured or underinsured, your insurance will cover the cost of damages.
Check your policy details to see if you have uninsured or underinsured motorist coverage when filing your claim.
What if I Don’t Have Insurance at the Time of the Accident?
If you do not have insurance during the accident and you were at fault, you may be responsible for all the damages, including your own. If the at-fault driver was not you, they will be responsible for your damages. Though, you may still face legal complications because it is illegal to have a car on the road that is uninsured.
Can I Recover My Deductible from the At-Fault Driver’s Insurance without a Police Report?
A police report is not always necessary. In South Carolina, you must report an accident in which injury or death occurred. It is a solid idea to call the police whether there were injuries or not. The police will document the details of the accident, making it easier to pursue compensation following the accident.
Without a police report, it can be difficult to prove fault and document the details of the accident. If you do not have a police report, you may need other evidence to support your claim. Your SC automobile accident lawyer will help you navigate this process.
What if a Driver Hit Me Under the Influence of Drugs or Alcohol?
In South Carolina, if you are hit by an impaired driver, you may be able to pursue a personal injury claim to compensate you for your damages. Be sure that you document any behavior the drunk driver exhibits. This could be through photographic or video evidence or eyewitness testimony.
In a personal injury suit, you may be able to recover damages for your medical costs, property damage, lost wages, and pain and suffering, among other things. Even if you are not badly injured, get checked out by a doctor since some injuries are not immediately evident.
If you are in an accident and are unsure of what your policy requires of you or what your next steps should be, it is best to hire a South Carolina automobile accident attorney to help you navigate the often complicated process. Contact Shelly Leeke Law Firm for help, our team will fight the best possible resolution of your accident claim.
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Can I Sue Someone Personally After a Car Accident?
Car accidents can bring comprehensive losses, and you have the right to sue the at-fault parties to compensate you for those losses. You will have physical pain and injuries to contend with, emotional trauma, and related financial fallout. Medical care is expensive. You may not be able to work to support yourself and your family.
Rather than bearing this stress alone, contact a car accident attorney from Shelly Leeke Law Firm as soon as possible following your accident. An experienced, compassionate lawyer will handle your case with skill, working to secure financial recovery and deliver a measure of relief from your stressful circumstances.
Personal Lawsuits Following a Car Accident
There is a traffic accident every 4.3 minutes in South Carolina. The typical path to securing damages following a car accident is to seek reimbursement through the at-fault party’s insurance company. However, there may be situations in which that insurance is not enough to cover your needs.
In these cases, you may choose to file against the driver personally, collecting compensation from their home or other owned property, car, or other assets.
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Suing the At-Fault Party Personally
While you have the right to sue the at-fault party for damages, you might not get the results you need. The person may not have assets, or enough assets, to cover your damages, and you cannot collect what they do not cannot provide.
A Shelly Leeke Car Accident Lawyer Will Consider All Options
Winning a settlement decision may be vindicating but will not provide financial relief if you cannot collect actual compensation.
Your Shelly Leeke car accident lawyer will investigate your situation and determine if other negligent parties are culpable. For example, broken traffic signals or poorly lighted or maintained roads may have caused your accident. Your lawyer may suggest filing against the entities responsible for keeping roads in safe working condition.
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The Financial Help You Need Following a Car Accident
Physical, financial, and emotional crises are the aftermath of a car accident. Your physical injuries will bring pain that may be permanent, probable loss of temporary or permanent mobility, or even catastrophic trauma to your body or brain. These injuries bring emotional suffering and stress as you and your loved ones must learn to cope with your changed situation and abilities.
Financially speaking, the injuries may be devastating, preventing you from working and earning money to support your household. You will probably face exorbitant medical costs as well. If you need ongoing care, those costs will continue to grow.
Your lawyer will evaluate your losses, determining their value, and will most likely pursue compensation for:
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South Carolina Follows a Comparative Negligence Fault System
Under the comparative fault system, you can sue the at-fault party for damages as long as you do not hold more than 49% of the blame for the accident. If you are 50% at fault or more, you can not receive a settlement.
If you are less than 50% responsible, but still bear some fault for the accident, your compensation will be reduced by your percentage of fault. Simply stated, if you are 10% responsible for the incident, your compensation will be 90% of the total calculated settlement amount.
How Fault Is Determined
Fault is determined through negotiations with the at-fault party’s insurance adjusters or lawyers, or by a jury if your case goes to trial. For the best outcome, leave these negotiations to your Shelly Leeke car accident attorney. Insurance companies often resort to unethical means to deflect blame, deny fault, and put the onus on anyone else, including you. Your attorney will not allow these unethical practices to stand or deprive you of a deserved settlement.
If the insurance company refuses to negotiate fairly or offers a settlement far below what you deserve, your lawyer will discuss trial options and potential outcomes with you.
How a Personal Injury Case Unfolds
Personal injury cases follow a procedure, and your Shelly Leeke car accident attorney will take your case through every step.
Complaint
Your complaint provides an explanation and evidence of how the accident occurred, the injuries you have suffered, and why the at-fault party is responsible. The at-fault party’s lawyer (or the party’s insurance company’s lawyer) will file an “answer” responding to your complaint. Often, answers deny culpability, perhaps by blaming you for the accident.
Discovery
During the discovery phase, your lawyer will review evidence the at-fault party plans to use at trial and their explanation for the accident. You and the at-fault party may be required to respond to written questions or interviews, as the discovery phase also includes depositions.
The American Bar Association defines deposition as “an out-of-court statement given under oath by any person involved in the case.” Usually, the plaintiff, defendant, and any witnesses are deposed.
Mediation
During mediation, both sides work together with a third party to negotiate a fair settlement. The third party, the mediator, works to resolve disputes and show each side what they might risk by going to trial.
If mediation fails and the at-fault party’s attorney and representation does not offer a fair amount, your attorney will prepare for trial.
Trial
The trial phase is the last step in the lawsuit process. At trial, a jury will listen to arguments and evidence and determine whether you deserve a settlement and if you do, the amount the at-fault party must pay.
Shelly Leeke Is with You from Start to Finish
Following a car accident, your job is to focus on recovery. A car accident lawyer from Shelly Leeke Law Firm will handle your personal injury case. Whether you file against someone personally or through their insurance, or file against another office or entity, your lawyer will build a solid case and work toward a successful result.
Shelly Leeke Law Firm is dedicated to providing clients with the highest quality representation from attorneys who care. Call or message us today for a no-risk, no-cost consultation.
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How Long Does a Car Accident Claim Take to Settle?
Following a car accident, victims often experience financial strain. Repairing or replacing damaged or destroyed vehicles is expensive. Physical injuries require medical care, and medical care is costly. Victims may be out of work temporarily or permanently, depending on the extent of the injuries, so while bills increase, income decreases.
A settlement can provide much-needed financial relief, but that relief does not appear overnight, and many victims are left wondering how long it will take their car accident claim to settle. To ensure the process moves as efficiently as possible, and to get answers to your question, secure representation from a car accident lawyer from Shelly Leeke promptly after your accident.
Start the Legal Process Soon
The sooner you file your claim, the sooner you will see a settlement. There are other reasons to start the process quickly. South Carolina has a three-year statute of limitations for filing personal injury lawsuits. If you miss that deadline, you lose the opportunity to get a settlement.
By securing legal representation quickly, you ensure your car accident lawyer from Shelly Leeke Law Firm will have access to evidence while it is still “fresh” and available. For example, witness information is less likely to have changed, and accessing traffic or security camera recordings will be more productive.
You should not speak to any insurance adjusters, even your own, about fault or a settlement without first speaking to an attorney. In fact, let your attorney be your voice and handle these communications. Insurance companies want to avoid paying large settlements and will often try to coerce victims into accepting fault or agreeing to a low settlement. When you have a legal advocate speaking for you from the start, you avoid those risks.
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Investigations Take Time
To build a strong case, your lawyer must conduct a thorough investigation of the car accident itself and the consequences you have suffered. Along with other information, your lawyer will collect:
Depending on the factors contributing to your accident, this investigation can take weeks or months.
Your Lawyer Will Make a Demand that Meets Your Needs
When a car accident lawyer evaluates your case, you can rest assured the settlement demand will be adequate to meet your needs. Victims do not always realize the extent of their financial needs and what they require for a stable future. Your lawyer has the experience to calculate an amount to recover your economic damages and acknowledge your non-economic losses including:
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Negotiating with the At-Fault Party’s Representatives
Once your lawyer makes the demand, negotiations with the at-fault party’s insurance company or other representatives begin. Most likely, the at-fault party will not agree to your attorney’s initial demand, especially if you bear some fault for the accident.
In South Carolina, victims who hold less than 50% of the fault for an accident can file a claim with the at-fault party. If you meet that standard but own some fault, say 20% for argument’s sake, your settlement amount is reduced by 20%.
The at-fault party’s insurance adjusters will do their best to put as much blame as possible on you. Your lawyer will argue otherwise. These negotiations can take several weeks.
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What You Can Expect if Negotiations Succeed
In most cases when an agreement is reached, the at-fault party’s insurance company issues a check within a few weeks. Your attorney will put the check in an escrow account, pay off any of your outstanding bills, and deduct legal fees. Then, your lawyer will send you a check for the remaining amount.
Additional factors may increase the time you wait to see your check. Insurance companies may require additional signed or notarized documents, or the accounting department may drag its feet as the company is not in a rush to make a payout. If your accident happened out-of-state or involves out-of-state banks, the payment process may move more slowly.
When Negotiations Fail
If the at-fault party does not make a fair offer, your lawyer will take your case to court should you choose to pursue that option. Your lawyer will file a complaint, and the at-fault party will be served with a lawsuit notice.
After this, your case enters the “discovery” phase. Your lawyer and the at-fault party’s lawyer will dive even deeper into the case, collecting additional evidence. Each side must share its discoveries with the other.
This process usually takes months or even a year. During discovery, the at-fault party can still make a settlement offer at any time. If they do, you will most likely see a check within weeks. If they do not, your lawyer will take your case to trial. Waiting for a court date takes longer than the trial itself, which usually lasts a couple of days.
Move Closer to Your Settlement with a Call to Shelly Leeke Law Firm
After an accident, you need financial relief as quickly as possible. Though the time it takes to receive a settlement varies from one car accident to the next, a lawyer will make sure the process moves as smoothly and swiftly as possible. You can call or message Shelly Leeke Law Firm to schedule a free consultation 24 hours a day and seven days a week.
Do not wait another minute. Contact us today.
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How Do I Get a Car Accident Report?
If you have been in a car accident and want to file a claim against the at-fault party for compensation, you will need to get a car accident report. You should also engage the services of a South Carolina car accident attorney from Shelly Leeke Law Firm. You will likely have to submit the report to your and the at-fault party’s insurance companies.
Your lawyer will use that report as evidence to build your case. Thankfully, South Carolina makes it relatively easy to get a copy of this important document.
The Four Ways to Access Your Car Accident Report
The South Carolina Department of Motor Vehicles (DMV) has your report. You can get a copy via US mail, online, or in person at the DMV. A car accident attorney is the fourth way to get your report.
When you put your case in an experienced lawyer’s hands, you do not have to worry about tracking down the accident report or other related information. Your lawyer will take care of it all.
By Mail
First, you will need to go to the DMV website and fill out Form FR-50, which is a request for your report. Send two copies of the report plus a check or money order to cover the $6 fee to this address:
SCDMV
Titles Mail-in Unit FR-50
PO Box 1498
Blythewood, SC 29016-0050
Online
Request a report online by visiting the South Carolina DMV transaction list and clicking the link to “Request a Collison Report.”
The DMV requires identity verification from those using the online service. You will need to provide either your driver’s license number, your vehicle license plate number, or your identification card number.
You will also have to pay a fee using a Mastercard, Visa, Discover, or American Express Card. The payment is processed by South Carolina’s official state web portal SC.GOV and used to “develop, maintain, enhance, and expand” the portal’s service offerings.
In Person
You can go to a South Carolina DMV location with two copies of your completed form FR-50. You can submit the copies and pay the $6 in person, with cash, check, credit or debit card, or money order.
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How Car Accident Reports Are Filed
South Carolina Code 56-5-1210 requires every driver involved in an accident resulting in injury or fatality to stop their vehicle and remain at the accident scene. Drivers must exchange information with each other and pedestrians, cyclists, or others involved, and aid victims. A driver can leave the scene temporarily to report the crash to authorities.
Usually, one of the involved parties or a witness will call local or state authorities, depending on where the accident occurs. Local officers or state troopers will arrive at the scene and complete a form FR-10. Responding officers will file this document with the South Carolina DMV, typically within 24 hours.
It is important to note that neither the state nor the police will send you a copy of the form FR-10 police report automatically. You must request it.
Information Included in the Report
Responding officers will include facts, observations, and evidence from the accident scene. Information includes:
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A Police Report Does Not Determine Fault
Responding officers can issue tickets at the accident scene, but do not definitively determine fault. Their reports include what they observed, not what they believe or think happened.
What determines fault is evidence. A skilled car accident lawyer will investigate your situation thoroughly, gathering evidence to hold at-fault parties accountable and support your innocence. If you are pursuing damages, collecting substantial evidence is essential.
Your lawyer will use this evidence to negotiate with the at-fault party’s insurance company. If the insurance company interprets the evidence differently, your case may need to go before a judge and jury, and your lawyer will present the evidence to them. Evidence can include:
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Why You Need a Car Accident Attorney
After an accident, you will likely be stressed by injuries, property damage, and subsequent financial upheaval. Insurance companies, both yours and the other driver, will seek statements from you. Unfortunately, these companies want to avoid payouts and may try to coerce you into accepting fault, or at least partial fault, so they can raise your rates or avoid paying compensation.
Further, you have to collect and keep track of police reports, witness statements, and medical reports. While a lawyer cannot take away your physical injuries, they will greatly reduce your stress by:
A Shelly Leeke Car Accident Lawyer Is Ready to Help You
The car accident attorneys at Shelly Leeke Law Firm are experienced, knowledgeable, and client-centered. Your lawyer will give you and your car accident case careful, individual attention. Do not use any of your energy to track down car accident reports, speak to insurance companies, or contact witnesses.
Your lawyer will handle those tasks and all other legalities so you can concentrate on healing. Call or message Shelly Leeke Law Firm to arrange your free consultation today.
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How Much Does It Cost to Sue Someone?
This process of suing someone in the state of South Carolina can be quite confusing and overwhelming and it often leaves victims left wondering how much does it actually cost to sue someone? The answer varies depending on what state you live in and what your case entails, but down below are some answers to your most frequently asked questions so that you can gain a better understanding of how much it is going to cost you to sue someone and whether or not it is actually worth it.
What Are Contingency Fee Agreements?
With contingency fee agreements, the client(s) agree that the attorney’s fee will be a certain percentage of any recoverable compensation from the court case, rather than paying the attorney a traditional hourly rate or flat fee basis (what we call a retainer). This specific percentage that the lawyer will receive will be different depending on the details and outcome of the case.
These contingency fee agreements are of great value to those who wouldn’t normally be able to afford to hire an attorney upfront yet still want to have the same opportunity for their legal constitutional rights to be protected and defended by a lawyer.
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What Is an Example of a Contingency Fee Agreement?
If you were looking to hire an attorney to help you file for divorce, then you would need to go down the traditional path of having to pay a retainer upfront and then pay your lawyer throughout the legal process for covering their fees and other related costs (so, not a contingency fee pay structure). This can become quite expensive for the average person.
On the other hand, if you were looking to hire an attorney to sue someone who violated your rights and freedoms, then you could pay the lawyer through the contingency fee agreement, meaning that they will receive a certain percentage of the recovery in your case. This makes it more affordable for people to hire legal services and to have their rights properly upheld in a court of law.
How Much Does a Consultation Cost?
When you are bordering on the prospect of suing an individual or organization, you may want to know more about the legal process altogether, the chances you have at winning, and whether or not it is a good and smart idea to go down this path. Almost all law firms and legal organizations offer consultations with prospective clients in order to learn more about their cases but also provide victims answers to these aforementioned questions.
Fortunately, these consultations and case evaluations are completely free, so there would be no need to worry about the affordability of just sitting down and speaking with a lawyer about your case.
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What Occurs During a Consultation?
When you sit down with a lawyer from Shelly Leeke and discuss your case, some of the things will you chat about will include:
Overall, your free case evaluation should help you better understand how attorneys approach lawsuits like yours, how our firm operates altogether, and whether or not the Shelly Leeke law firm is a good fit for you and/or your loved ones.
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What Are the Filing Fees?
A filing fee is something that you would have to pay in order to officially file a legal claim and begin your case. According to the South Carolina Justice Department, the cost of a filing fee for a new case is $150.00. And any additional written motions have a filing fee of $25.00
If you are unable to afford the filing fee of $150.00, that is okay. There is still an option to file a claim and fight for your legal rights even tho you don’t have the money. You can file a motion called the “Motion and Affidavit to Proceed in Forma Pauperis.” This is essentially just asking the judge to waive the filing fees, which they may or may not choose to do.
By filing this motion under Rule 3(b) of the South Carolina Rules of Civil Procedure, you are swearing under oath that there is no way possible for you to be able to afford the payment of the initial filing fee.
What if Someone Is Suing You?
If you or someone you know has had a small claims court complaint filed against you in the state of South Carolina, then you have a total of only 30 days to answer the complaint. If the complaint has a value of $25 or less, then you only have 5 days to answer it, under South Carolina state law.
Answering the complaint can come in the form of either a written statement or showing up to the courthouse and answering it orally in person. If you do not answer the complaint on time, then the small claims court will enter default judgment which means that you lose the case and are required to pay up.
If you are being sued in a small claims court, then you should not only answer the complaint, so you can avoid losing by default, but you should hire a lawyer to help build your case and fight for your legal rights. The best way for you and your legal team to present your case would be to prepare all documents and exhibits, subpoena witnesses, not interrupt the judge or witnesses, and watch out for hearsay from the prosecution team.
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What Is the Average Settlement for a Car Accident?
Victims of car accidents can obtain compensation in several ways. They can file a claim with the other driver’s insurance company for their damages, or the insurance company may offer them a settlement.
Car accident settlements are offered to victims to end further legal proceedings. For both parties to agree with a settlement, there must be an exchange. In exchange for the right to avoid future legal action, victims receive compensation for their damages.
As a car accident victim, you want to ensure that you receive fair compensation from your settlement. Do not accept any settlement offers without a car accident attorney from the Shelly Leeke Law Firm present.
What Is a Car Accident Settlement?
Car accident settlements are resolutions from car accidents that benefit all parties involved.Victims of car accidents can receive compensation for their damages at a faster rate than from a personal injury claim.
Insurance agents can put the matter at rest once the victim accepts and signs the offer.The other driver does not have to worry about being held liable in the future for damages related to the car accident.
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What Influences Insurance Agents to Offer Settlements to Car Accident Victims?
Insurance agents will offer settlements to victims for several reasons. One of the main reasons is that it would be in everyone’s best interest to provide a settlement. Insurance agents may give a higher settlement amount if the other driver’s actions were so negligent that liability could easily be proven.
Insurance agents assume that offering compensation to the victim will be better in the long run than taking a chance with a lawsuit. Talk to a car accident lawyer in South Carolina as soon as possible after suffering an injury in a crash.
What Factors Influence the Compensation from a Car Accident Settlement?
Because every car accident is unique, there is no set amount of compensation that each victim might receive. The amount of compensation you could secure is based on several factors, including:
The severity of your injuries is very important when calculating your settlement offer. This affects other factors related to your compensation, such as the likelihood of recovery and the bills you need to pay. If your injuries are long-term or permanent, you want enough compensation to cover your medical costs for the duration of your life.
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What Is the Average Settlement for a South Carolina Car Accident?
While each car accident claim is different, the average settlement amount ranges from $10,000 to $41,000,000. This depends on the type of injuries you sustain from your accident. If your injuries are minor or temporary, the insurance agents may attempt to offer you a low amount of compensation.
You may be entitled to larger compensation if your injuries are more catastrophic. The more serious your injuries, the greater the compensation should be offered.
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Why Should You Refuse the First Settlement Offer by the Insurance Agents?
While you want reimbursement as soon as possible, you do not want to accept the first settlement offer by the insurance companies. Insurance companies know the actual settlement offer you deserve but will attempt to lowball you at every step of the settlement process.
Insurance agents know how desperate victims are to receive compensation, which is why they will throw out the first offer that sounds fair. They may offer you a settlement amount that will not cover the costs of your damages for one year.
How Is a Car Accident Settlement Reached?
Fortunately, you do not have to accept the first offer that insurance agents offer you. You can express your demands and your desired compensation in a demand letter. A demand letter is a professional document where you express the nature of your accident, the amount of compensation you expect, and why you expect this compensation.
Your demand letter is where you will explain the details of your accident and persuade the insurance agents to provide the compensation that you deserve. If the insurance agents disagree with your demands, you can mediate until a negotiation is reached.
How Can a Car Accident Lawyer in Greenville, SC, Help You?
Car accident attorneys are skilled in negotiation. They are also well-versed in dealing with the manipulative tactics of insurance agents. At Shelly Leeke Law Firm, our car accident lawyers know how to maximize your compensation.
We can calculate your damages and provide an estimate of what the insurance company should offer you. This can give you more confidence while negotiating your compensation.
How Are Car Accident Settlements Calculated?
Car accident lawyers and insurance agents use the same methods to calculate damages from a car accident. These damages include:
Damages like pain and suffering can be calculated with a particular method used by both parties. However, insurance agents will attempt to reduce the compensation you can receive from pain and suffering, whereas car accident lawyers will provide an accurate estimate of your injuries.
Car accident settlements are usually not easy to settle. That is why you need to speak with an attorney about your case.
Call the Shelly Leeke Law Firm to Help with a Car Accident Settlement
For over a decade, car accident attorneys at the Shelly Leeke Law Firm have helped victims receive the fair compensation they deserve from their settlements. You may contemplate when to involve a car accident lawyer in your settlement. Our car accident lawyers can assist your case from beginning to end.
We can calculate your damages, draft a demand letter, and negotiate for the best compensation on your behalf. During your initial consultation, we can honestly assess the claim and explore the possible outcomes for you. To speak with a car accident attorney in Greenville, SC, contact us online for a free case evaluation.
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Who can sue for a motorcycle accident injury and death case in South Carolina?
In South Carolina, a claim may be filed by motorcycle operators and passengers alike. Certain states have different rules pertaining to what guidelines must be met in order to file a claim. It can help to speak with an accident attorney in your state to ensure that these guidelines are followed.
Who is at risk for developing an asbestos-related disease?
Asbestos exposure related disease affect all walks of life. Family members of workers once exposed to asbestos are also at risk of developing an asbestos related disease. Workers with a high rate of asbestos exposure include insulators, boiler makers, railroad workers, pipefitters, industrial maintentance mechanics, painters, construction workers, welders, laborers and electricians. The higher the level of asbestos exposure and the longer the duration of exposure, increases the risk of a worker developing a related disease.
Who is considered an employee?
Under the Worker’s Compensation Act, an employee is any person who is under employment, contract for hire, or an apprenticeship, whether express or implied. This also includes foreign workers and minors who are lawfully or unlawfully employed as well as both full-time and part-time employees.
Subcontractors may also be covered under workers’ compensation. If a subcontractor does not carry workers’ compensation insurance, the owner or developer above them in the chain of employment may be held liable for workers’ compensation to the injured employee, as if they were the direct employer.
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.
Who is in charge of regulating large commercial trucks and truck companies?
The Federal Motor Carrier Safety Administration (FMCSA) is in charge of regulating large commercial trucks and truck companies. Its mission is to ensure that commercial motor vehicles follow safety regulations to make the roads safer in South Carolina and around the country.
The role of the FMCSA is to:
Some of the responsibilities of the FMCSA include:
These are just some of the responsibilities that the FMCSA has over truck drivers and their companies.
While the FMCSA works to make the roads safer, the fact remains that because of the negligence of another, a truck accident in South Carolina can still happen. If you have been seriously injured in a South Carolina truck accident, a South Carolina truck accident lawyer will investigate your case to determine if the truck driver and/or the trucking company may be responsible for your injuries and will help you to fight for the damages that you may be entitled to.
Seeking the Help of a South Carolina Truck Accident Attorney
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.
Contact a Charleston personal injury attorney for a free information packet and consultation
1-888-690-0211.
Who is responsible for my slip and fall accident?
Depending on the details of your accident, more than one person could be held responsible for your injuries. The owner, tenant, management, or a combination of parties may be held liable for the slip and fall. An attorney can help you to determine who will be held responsible and take the necessary actions to build your case against them.
Who is responsible if my child is involved in a school bus accident?
If the school bus caused the accident, the liability insurance covering the school bus will be responsible for the medical bills, pain and suffering, and any other damages incurred by the school bus children or others injured by the school bus driver’s negligence.
If another vehicle caused the accident with the school bus, the other driver or the other driver’s liability insurance will be responsible for paying damages caused by the driver’s negligence in causing the school bus wreck.
Who will pay for my medical bills if I am a pedestrian who was struck by an automobile?
The at fault driver’s insurance company is responsible for your medical bills, pain and suffering, and lost wages caused by the negligence of that driver in causing the collision with a pedestrian. If you carry your own insurance policy, your policy may also pay for your medical bills and even pain and suffering in excess of the amount of coverage available from the at fault driver’s policy, depending on the coverage you carry through your own policy. Contact us for Free Case Evaluation today.
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.
Who will send my disability checks?
If your employer employs four or more employees, they are required to carry workers’ compensation insurance. Their workers’ compensation insurance carrier is responsbile for paying your lost wages if you are out of work for more than 7 days. Your disability checks will be sent weekly.
Why do I need a mesothelioma attorney for my case?
Mesothelioma is a personal injury that is the result of someone else’s negligence, in which case, you are entitled to receive compensation. Manufacturers who produce and sell asbestos are knowledgeable about the fact that their product is dangerous. As a result, you have the right to hold them accountable for their negligence. With the help of an asbestos lawyer, your chances of receiving the compensation that you deserve is higher because a lawyer most likely has more experience dealing with asbestos and insurance companies than you do. If you have been exposed to asbestos and diagnosed with mesothelioma, you should contact a South Carolina personal injury attorney today!
Will an expert be consulted about my medical malpractice case?
If your case looks to be a meritorious one, experts in the appropriate medical field of specialty must be consulted and ultimately retained in the case. A medical malpractice case cannot be won without a medical expert. A good expert who is willing to testify can be hard to find, but it is an essential aspect of proving a medical malpractice case. Often times, because local doctors can be reluctant to testify against doctors in their own state, with whom they may have a pro-fessional relationship, experts may be contacted that are located out of state. Most experienced medical malpractice lawyers will know how to locate and contact the right expert for your case. The expert will review the medical records and determine whether, in his medical opinion, a standard of care was violated.
Will I be able to afford your services?
We understand that the financial burden of being involved in an accident is immense. As a result, we work on a contingency basis. Therefore, you will not have to pay us if you are not awarded money through settlement or trial. We will do everything in our power to get you the compensation that you deserve. If we are successful in doing so, then we recieve a percentage of what you are awarded based on a sum that is dictated by the Court. In addition, we are reimbursed for the expenses that were incurred through the trial.
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.
Will I have to pay taxes on my worker’s compensation benefits in South Carolina?
No, once you begin receiving worker’s compensation benefits, you do not have to pay taxes on those benefits. The reason behind this is that because this is a source of income that you 
did not technically earn. If your benefits for some reason become reduced and there has not been a change in your medical condition, then you should contact your South Carolina worker’s compensation attorney immediately.
If you are in need of a worker’s compensation attorney after you have been hurt on-the-job in South Carolina, contact Shelly Leeke Law Firm at 888-690-0211 to set up a free, no obligation consultation so that you can get your life back to normal.
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.
Will travel expenses to and from the doctor be covered under my South Carolina workers’ compensation claim?
If you have been injured on the job and are pursuing a workers’ compensation claim, the expenses associated with traveling to and from the doctor will be covered under your claim. Under normal circumstances, you would not have to travel to the doctor because you are uninjured. However, since you experienced an accident at work, you now have to go to the doctor and therefore have the added expense of traveling there.
If you have a SC workers’ compensation attorney, they will most likely require you to log the time and expenses so that you will be accurately compensation through your workers’ compensation claim. To set up a free consultationt to discuss your South Carolina workers’ compensation case with Attorney Shelly Leeke, call 1-888-690-0211 today!
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.
What is Uninsured Motorist coverage or UM?
Uninsured Motorist Coverage or UM is different from Underinsured Motorist Coverage. UM coverage is on your personal car insurance policy and goes into effect when the person at fault for your accident does not have insurance.
In South Carolina you are required to carry at least $25,000 in Unisured Motorist Coverage. Thus, if you are in an accident and the at fault driver does not have car insurance, you will put in a UM claim with your car insurance for your losses.
What kinds of dogs have a tendency to bite people?
Although in their minds, most people associate certain dogs with aggressive behavior
and biting, but the fact is that all dogs could potentially bite someone. While it is true that some breeds of dogs are more likely to bite, there are situations in which any type of dog would likely bite a person. These instances where a dog might be more likely to bite are when they are startled, provoked, feel threatened, guarding something that they believe to be theirs, protecting their owners, or are in heat. If it appears as those a dog is displaying one of these charasteristics, you should back away from the dog and try not to provoke it in any way.
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 rights do nursing home residents have?
The rights of nursing home residents can be found at this fact sheet provided by National Citizens’ Coalition for Nursing Home Reform. http://www.justice4all.org/files/Fact%20Sheet%20on%20Residents%20Rights.pdf
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:
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 should I bring when I meet with the attorney about my medical malpractice claim?
Here are some of the recommended items that will assist an attorney in evaluating your case:
Medical malpractice litigation is a lengthy, complex process. Giving as much information about your case to your attorney can help him or her in building your case and attaining the maximum possible compensation you deserve.
What should I do after I file a complaint against a South Carolina nursing home for abuse?
Once you file a complaint against a South Carolina nursing home, you may be worried about what will happen to your elder who is living in the nursing home. Although the Omnibus Adult Protection Act was put in place to prevent the elder from experiencing further abuse, it is usually recommended that you try to find a different nursing home for them to live in during the time that you are pursuing a nursing home abuse case. In the meantime, your South Carolina nursing home abuse attorney will collect evidence and an investigation will take place in order to file your nursing home abuse claim.
What should I do after I have been involved in a bicycle accident?
Immediately after the accident you should call 911 and move out of the roadway to safety. If possible, do not move your bicycle; it is best if the police officer can see the bicycle in the original position it was in after the accident. While you are waiting for the police officer to arrive,
collect information from anyone who may have witnessed the accident. Also, take pictures of the scene of the accident and collect the driver’s contact information and the information of any passengers in the vehicle. Do not discuss who was at fault with the driver. Once the officer arrives, file an official accident report and be sure to get a copy of the report as well as the contact information for the police officer. Seek medical assistance immediately if you are injured and make sure to keep all documentation of your injuries. Even if you do not feel as though you are injured, it is recommended that you go to a doctor anyway just in case. You should then contact an attorney about the accident. An experienced South Carolina bicycle accident attorney will be able to determine whether or not you should pursue a lawsuit against the driver.
What should I do after my child was injured in someone else’s pool?
Pool accidents involving children can be very serious. One of the first things you should do is seek medical assistance. Then, take pictures of the surrounding area to preserve any evidence of negligence, such as a defective diving board or a broken ladder. Also, write down the names of any of anyone who may have witnessed the accident. Make sure that you keep any and all medical records related to the accident as well as the police report. These documents will be helpful when you speak with an experienced South Carolina pool accident lawyer, which should be the next step that you take. Throughout this process, you should not speak with an insurance company. Your personal injury attorney should handle speaking with the insurance company so that your rights are fully protected.
What should I do if I’m involved in a South Carolina traffic accident?
If you are involved in a South Carolina traffic accident, there are certain things you should and shouldn’t do. Your immediate actions could greatly impact the outcome of your South Carolina personal injury claim.
After a South Carolina Traffic Accident
If you’re able, follow these steps after a South Carolina traffic accident, including:
It is always a good idea to speak with a Charleston car accident lawyer to determine whether you have a valid South Carolina personal injury claim. Sometimes injuries that appear to be minor at the onset will turn into something more serious. You want to make sure that you are protected in the event this happens.
A Charleston car accident lawyer can work with you to collect all of the necessary evidence to build a solid South Carolina personal injury claim. In addition, a Charleston car accident lawyer can help you to receive compensation to which you may be entitled in order to cover your medical expenses and lost wages.
Contacting a Charleston Car Accident Lawyer Today
Before you file a South Carolina personal injury claim, request a copy of our complimentary consumer guide, The South Carolina Accident Book for Personal Injury Victims. When you’re ready to get started on settling your car accident claim, contact a Charleston car accident lawyer for a complimentary information packet and consultation – 888-690-0211.
What should I do if my child is bitten by a dog?
The first thing you should do if your child is attacked is call the police and seek medical treatment for the child. It is important to report the attack so that the police may report the incident. You should immediately seek medical attention for your child to ensure that he/she has not suffered a severe injury and that the dog was not rabid or infectious.
After your child receives treatment for their injuries, if you would like to pursue a personal injury claim against the dog owner, you should contact a South Carolina dog bite attorney. An attorney can help you to determine whether or not you have a case and what steps to take next in order to seek justice.
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!
What should I know about out-of-court settlements in relation to South Carolina personal injury claims?
An out-of-court settlement is a legal arrangement made outside the judicial system. It is basically an agreement between all the parties involved to settle the matter outside of a trial verdict. While most out-of-court settlements are determined before a trial even begins, some are agreed upon during the court proceedings but before a jury delivers a final verdict on the matter.
Negotiations for an out-of-court settlement are typically done with the help of an attorney who acts as a representative. An out-of-court settlement can save time and money, avoiding many of the hassles associated with going to court.
In most personal injury cases, an out-of-court settlement will be reached before it becomes necessary to go to court. Insurance companies would rather settle outside of court in order to avoid the added expense of a trial. While attorneys are not a requirement for an out-of-court settlement, having legal counsel on your side can help you determine if an offered settlement is fair. In addition, your attorney can negotiate with the insurance company, if necessary.
If you accept a settlement offer, you will more than likely be barred from ever seeking additional compensation in the future related to your accident, even if future medical concerns are discovered later on. That is why it is crucial that your out-of-court settlement will satisfy your current and future accident-related needs and that you do not accept a settlement before you understand the full scope of your injuries and the treatment they will require.
To better understand how an out-of-court settlement works, consulting with a Charleston personal injury attorney should be your next step.
Seeking the Help of a Charleston Personal Injury Attorney
The Charleston 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 Charleston personal injury attorney for a free information packet and consultation – 1-888-690-0211.
What signs should I look for if I suspect nursing home neglect or abuse?
Listen to your loved one, even if their claims seem outrageous. Also, look for bed sores, malnutrition and dehydration. Many times, neglect plays a large roll in patients who have fallen and injured themselves.
What type of cancer is associated with asbestos exposure?
40% of workers exposed to asbestos will eventually develop lung cancer. To be an actionable asbestos related illness, asbestos must show up on the x-ray. Workers who smoked during the time they were exposed to asbestos are 50 times more likely to develop lung cancer than the normal working population.
What types of accidents are covered under workers’ compensation in South Carolina?
In order for an employee’s injury to be covered under the Workers’ Compensation Act, the injury must have occurred while the employee was working within the scope of his or her employment. Scope of employment depends on the amount of control the employer had over the circumstance and when the accident occurred. Usually, if a employee is hurt while working on the job site, their injury will be covered by workers’ compensation.
Some injuries that are covered by workers’ compensation are:
1) falling from a high place;
2) being injured by the employer’s equipment;
3) suffering a back injury from lifting;
4) occupational diseases resulting from exposure to harmful chemicals;
5) and others.
For more helpful information, visit the workers’ compensation article library. If you have been injured while on the job, contact South Carolina workers’ compensation attorney Shelly Leeke today at 843-277-6061 for a free consultation!
What types of accidents are NOT covered under workers’ compensation in South Carolina?
In South Carolina, there are some accidents that workers’ compensation does not cover because the injury did not occur within the scope of employment. What this means is that the accident must have occurred at the place of employment during the hours that the employee works. However, there are some instances when the accident would be covered under workers’ compensation even though the injury did not happen at the place of employment. An example of this would be if transportation was part of an 
employee’s job and they were involved in an accident on the way to a job site. On the other hand, if an employee is traveling to work in their personal vehicle and is injured in an accident, then that would not be covered by workers’ compensation. There are also other accidents that are not covered under workers’ compensation, such as if the employee was intoxicated or were not using safety equipment at the time of the injury.
The details of your specific case are what really determine whether or not your injury would be covered under workers’ compensation. That is why it is best to consult with an experienced workers’ compensation attorney who will be able to determine whether or not you should pursue a workers’ compensation claim. To set up a FREE consultation with Shelly Leeke Law Firm, call us today at 843-277-6061!
How long after the death of a loved one, must a wrongful death claim be filed?
In South Carolina, the family has three years from the death of the deceased to file a wrongful death lawsuit. This time is known as the Statute of Limitations.
What types of injuries can a child have from being in a school bus accident?
A child who is involved in a school bus accident can suffer minor or fatal injuries, including:
1) Bruising;
2) Fractured or broken bones;
3) Head trauma or traumatic brain injury;
4) Internal organ injuries;
5) Paralysis;
6) Mental trauma;
7) And possibly death.
The severity of the injuries is a direct result of the severity of the accident. While buses are generally safe for children, accidents and injuries do still happen.
What will an attorney do for my medical malpractice case?
Not every medical malpractice case can be won. In addition, medical malpractice cases are quite complex and difficult to prove. In order to determine if you have a medical malpractice case that can be won, most medical malpractice attorneys first gather all relevant medical records from the physician or hospital where the medical malpractice may have occurred. A complete, detailed set of honest statement and facts about the circum-stances leading up to the medical treatment, the possible malpractice, and the events that occurred following the medical error, should also be obtained from the client.
Once the medical records are obtained, they are reviewed and thoroughly examined to determine whether there appears to be enough provable evidence of medical malpractice. If the case looks to be a meritorious one, experts in the appropriate medical field of specialty must be consulted and ultimately retained in the case.
When is a standard of care violated in a medical malpractice case?
A standard of care is violated when, based upon the facts that were known or should have been known at the time you were treated, the doctor, nurse, or other medical personnel, failed to follow the standard practice of other physicians, nurses, or other medical personnel with the same education, training and experience as the doctor, nurse, or other medical personnel involved in your case.
When is hiring a South Carolina personal injury attorney necessary?
Accidents that result in serious injury and substantial property damage are often best handled with the help of an experienced Charleston personal injury attorney. Many victims who try to settle these cases on their own end up with inadequate settlement amounts.
Remember that in order to file a South Carolina personal injury claim, another party must have been responsible for your injuries. If you were the at-fault party for the accident, you do not have a valid claim. Your claim will also be denied if there is no injury sustained or if the injuries are minor and do not result in substantial medical bills or loss of income.
When your South Carolina personal injury claim is denied and you know that you were not completely at fault and do have a valid claim, you may need to file a personal injury lawsuit. A lawsuit could take the matter of your settlement to a full court trial where a judge and jury would become involved.
At this time, a Charleston personal injury attorney’s help would be critical in proving and settling your claim for a fair amount.
Your attorney can:
Any time you have been involved in an accident where you sustain injury, it’s never a bad option to discuss your case with a Charleston personal injury attorney. Many attorneys offer free consultations and will advise you on when a South Carolina personal injury claim is necessary and whether you may need legal assistance to settle your case.
The Help of a Charleston Personal Injury Attorney
South Carolina residents can take comfort knowing that the attorneys at the Shelly Leeke Law Firm are there to help them settle their personal injury claims. Our firm’s focus on personal injury cases includes injury from auto accidents, including pedestrian and bicycle injuries, work-related injuries and worker’s compensation claims, and injuries resulting from dangerous prescription drugs.
Before you file a South Carolina personal injury claim, request a copy of our complimentary consumer guide, The South Carolina Accident Book for Personal Injury Victims. When you’re ready to get started on settling your accident claim, contact a Charleston personal injury attorney for a complimentary information packet and no-cost consultation – 888-690-0211.
When is someone considered to be driving under the influence (DUI)?
A person is considered to be driving under the influence (DUI) when they operate a motor vehicle while under the influence of alcohol or any other controlled substance, such as marijuana and other illegal drugs, to the point that the person’s normal faculties are impaired.
For alcohol, a person’s normal faculties are considered impaired when their blood alcohol level (BAC) is 0.08 or higher. Some people may find themselves charged with a DUI when their BAC is below 0.08. This is because a impairment can affect a person at different consumption levels.
A person’s impairment is not as easily determined when they have consumed a controlled substance, but if the substance is impairing the driver’s faculties, they will be considered driving while under the influence.
Who can be held responsible for injuries or death to motorcycle operators and passengers?
Whoever is found to be the at-fault party or to have contributed to the crash can be held responsible. This is typically found to be the driver or the car or truck involved in a motorcycle crash. If the operator of the motorcycle is found to be at fault, s/he can be held responsible for injuries to the passenger.
Who can receive compensation in a wrongful death lawsuit?
In South Carolina the immediate family members are the beneficiaries. If there are no surviving family members, the heirs of the deceased are the beneficiaries. The executor or administrator of the estate will be the person who files for wrongful death on their behalf.
For more information on wrongful death cases:
Visit Our Wrongful Death Article Library
Order One Of The Shelly Leeke Law Firm’s FREE Reports!
Contact The Shelly Leeke Law Firm Today For a FREE Consultation!
What is a logbook?
A truck driver is required by federal law to keep a log book. This logbook contains a record of their hours of service (driving time and rest breaks), as well as where they have been, such as the Port of Charleston, and where they are going. If you are involved in an accident with a truck, the logbook may contain valuable information for your case.
What is a medical malpractice case?
Medical malpractice occurs when a person is injured by the neglect or substandard service provided by a physician or other health care professional, hospital or institution. If you are injured as a result of a preventable error or because of negligent care when you receive medical treatment, you may have a medical mal-practice case.
However, just because you are injured during medical treatment, you do not necessarily have a medical malpractice case that can be won. For example, there are some cases where a person suffers an injury from a complication during the medical treatment, but that complication is considered “normal”. An example of this would be infection after a surgery that is considered common risk. If the complication is considered “normal”, the injury was not the result of negligence and there is no medical malpractice case that can be won.
What is a pecuniary loss?
As it relates to a wrongful death lawsuit, a pecuniary loss is defined as the financial loss you may experience as a family member of a person who has died due to someone else’s negligence. This can include the loss of emotional support, loss of financial support, and travel, medical, and funeral expenses. In addition, it will also include interest from the time of the loved one’s passing. When determing what the family members will recover, the jury will look at what income the person made before their death and calculate what the person would be making in the future. With all of these things into consideration, the amount of compensation that will be given to family members for pecuniary losses is determined.
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.
What is a safe following distance for motorcycles in South Carolina?
When driving behind a motorcycle in South Carolina, you should keep the same following distance as you would for a car. It does not hurt to give extra distance for a motorcycle, considering the fact that a rear-end accident for a motorcycle can cause greater damage and injury than it would with a car. Along the same lines, if a motoryclist is driving behind you, you should be very cautious about breaking
suddenly.This action could cause the motorcyclist to hit you and be ejected from his motorcycle, which would result in great bodily injury. By being more aware of motorcycles on the road, you have the potential to prevent a deadly accident from happening. In order to be the best driver or rider that you can be, familiarize yourself with South Carolina motorcycle laws.
If you have been injured in a South Carolina motorcycle accident, you should contact a South Carolina accident attorney, who will be able to file a claim against the negligent party. The dedicated staff at Shelly Leeke Law Firm has been representing motorcycle accident victims and their families in South Carolina for nearly a decade. Call us now at 1-888-690-0211 to set up a free consultation!
What is a “survival action” in the context of a South Carolina wrongful death claim?
After a deadly South Carolina accident where you lost a family member, you may be considering filing a South Carolina wrongful death claim and have heard the term ‘survival action’ regarding this process. The survival action is a specific part of a wrongful death claim that benefits the deceased’s estate. The basic premise is that this claim covers the damages that would have been involved in a personal injury claim had the deceased lived.
Therefore, the types of compensation covered in a survival action include:
It’s extremely important to note that only a duly appointed personal representative of the deceased’s estate has the authority to file a survival action. What is a duly appointed personal representative? Typically this is the executor of the estate, though there are a few other roles that qualify as a personal representative for the purpose of a South Carolina wrongful death claim. If no personal representative was appointed in the will, or the deceased failed to leave a will, a representative can be appointed through the courts.
Working with a Charleston wrongful death attorney can help you understand all of your legal options during this difficult time. Your attorney can explain if you are eligible to file a survival action or how a personal representative can be appointed in order to do so.
Seeking the Help of a Charleston 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.
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 accident claim, contact a Charleston personal injury attorney for a free information packet and consultation, 1-888-690-0211.
What is a Traumatic Brain Injury (TBI)?
A TBI is an injury to the brain that is caused by a bump, blow, jolt, or penetrating injury to the head that disrupts the brain’s normal function. Not all bumps, blows, or jolts to the head result in a TBI, but if the bump, blow, or jolt is severe enough, a TBI can result. TBIs range in severity from “mild,” e.g. a concussion, to “severe,” which can result in periods of unconsciousness, amnesia, and even death.
What is an attorney client privilege?
In South Carolina, the attorney client privilege protects confidential information given to a lawyer by his or client regarding a legal matter. Not all communication between a client and his lawyer is protected information. There must be an attorney client relationship and the communication must be confidential. Several other factors contribute to determining whether or not a communication is protected.
What is an Independent Medical Examination (IME)?
When you are pursuing a workers’ compensation claim, your employer may request that you have an independent medical examination (IME) done. The doctor or chiropractor who will administer the IME 
typically has not treated you in the past. The purpose of an IME is to have a third party conduct a medical examination so that their examination is not biased based upon any relationship that they may have with you. Your employer’s workers’ compensation insurance carrier has a right to request that you undergo an IME and should the doctor feel that your injuries are not related to your accident, then the insurance company could deny your claim. That is why it is important to seek the advice of a personal injury attorney before you begin your workers’ compensation claim. Contact workers’ compensation attorney Shelly Leeke today for a free consultation at 1-888-690-0211.
What is asbestosis?
Asbestosis is a non-malignant, progressive lung disease caused by exposure to airborne asbestos fibers. Victims of asbestosis may have no symptoms for 20-30 years after exposure, but asbestosis causes permanent damage to the lungs and there is no cure or effective treatments. In advanced stages asbestosis victims require oxygen 24/7, and asbestosis can cause pulmonary hypertension, cardio pulmonary arrest and death.
What is Average Weekly Wage?
Average weekly wage is the injured workers’ average gross wages for a week. Average weekly wage is based on the gross amount earned before taxes or deductions. It includes overtime, bonuses and any other benefits received. In South Carolina, the average weekly wage is calculated by taking the total amount you earned during the last fifty-two weeks and dividing this amount of money by the number of weeks you actually worked.
What is included with pain and suffering damages?
Pain and suffering damages are money awarded for the physical pain and emotional suffering that a victim incurred in addition to medical costs and lost wages.
What is mesothelioma?
Mesothelioma is cancer of the lining of a body part. Mesothelioma can occur in the lining of the abdomen, heart, and most commonly, the chest. The disease is most prevalent in men age 65 or older and is almost always associated with asbestos exposure that may have occurred 25-30 years prior to the diagnosis. Mesothelioma is the deadliest of asbestos exposure related illnesses, and there is no effective cure or treatment. Symptoms include shortness of breath, weight loss, fatigue and pleural effusions. Mesothelioma testing is initiated by a CT scan, followed by biopsy and lab testing with specialized stains. Mesothelioma is deadly and life expectancy averages only 4-18 months following a diagnosis. The disease can lay dormant for years after exposure to asbestos, so if you suspect or have been diagnosed with mesothelioma, the work related exposure may well have occurred long ago.
What is my employer required to pay if I am involved in a work accident?
If your injury is covered by workers’ compensation benefits, your employer’s workers’ compensation insurance carrier must pay the following:
1) Any and all medical expenses related to the injury;
2) Weekly disability benefits checks for all periods you are out of work with written doctor’s authorization;
3) A lump sum payment for permanents disabilities and/or lost wages you incurred after your treatment has finished.
What is South Carolina’s Seat Belt law?
South Carolina seat belt law has always stated that every person in the vehicle is required to wear a safety seat belt. Originally, the law was secondary, which means that a police officer had to have already stopped a person for another violation before they could give them a ticket for not abiding by
the seat belt law. However, as of 2005, the seat belt law became a primary enforcement, which means that a police officer can pull a person over if anyone in the vehicle does not appear be wearing a seat belt. A person can be fined up to $25 for violating the law and up to $50 for violating the legislation more than once. It is also important to note that the driver is responsible for requiring every passenger of the vehicle who is 17 years of age or younger, who does not have a license, to wear a seat belt. Therefore, if you may be wearing a seat belt and your child is not, you will get fined because your child’s safety is your responsibility.
What is Supplemental Security Income and can a Social Security disability attorney in Charleston County, South Carolina help me determine if I’m eligible for SSI?
You may be eligible to receive Supplemental Security Income provided you meet the stringent requirements for this program. A Social Security disability attorney in Charleston County, South Carolina will take the time to sit down with you and discuss your case.
Supplemental Security Income (SSI) is a program that isn’t funded by Social Security taxes but rather by general tax revenues. It is a federal income supplement program to help those with basic needs. Basic needs could include shelter, food and clothing.
SSI is also for the disabled, elderly and the blind when they have little or no income.
Eligibility for SSI can be determined by a Social Security disability attorney in Charleston County, South Carolina. However, you should know that SSA determines this based upon the Benefit Eligibility Screen Tool (BEST).
The BEST will take you through a number of questions and based on those answers, will list which, if any, benefits you are eligible for. Even this doesn’t necessarily mean you will automatically get them. You still must apply and finish the process of determining whether or not you qualify.
Some of the questions that may be asked will pertain to your personal finances, along with your spouse’s earnings. To better understand the types of questions you may be asked, you should speak with a Social Security disability attorney.
When it comes to Social Security, any component can be very time-consuming and complex. This is why it is usually best to enlist the help of someone who has experience in this area of law. A Social Security disability attorney in Charleston County, South Carolina can look at the specifics of your case to help you determine your eligibility.
Seeking the Help of a Social Security Disability Attorney in Charleston County, South Carolina
The South Carolina Social Security disability attorney team at the Shelly Leeke Law Firm is available to help with the complicated and time-consuming tasks associated with filing a disability claim. Before you file a Social Security disability claim in South Carolina, contact a disability attorney for a consultation 1-888-690-0211.
What is the difference between an independent contractor and an employee?
To determine if a worker is an employee or an independent contractor you must look at the employer’s right of control over the worker. There are four common questions used to determine an employer’s right of control:
1) Is there direct evidence of the right to control?
2) Who paid the worker?
3) Who furnished the supplies or equipment?
4) Who has the right to fire the worker?
If you were injured in a work accident and are usure if you are an employee or an independent contract contact the Shelly Leeke Law Firm at 843-277-6061.
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 is the difference between the person that files a wrongful death claim and the beneficiaries in South Carolina?
In South Carolina, the person who files a wrongful death claim and a beneficiary are not always the same. A South Carolina wrongful death action may be filed by the executor of the will, administrator of the estate or a personal representative. This person may be the spouse, child or heir of the estate. This personal representative will also be the individual who files the wrongful death claim for the beneficiaries.
For example, if a young child were to lose his or her parents because of the wrongdoing or negligence of another, a representative could file a South Carolina wrongful death action on behalf of the child and other beneficiaries of the deceased’s estate.
Common beneficiaries in a South Carolina wrongful death claim include:
Filing a South Carolina wrongful death action can be a complicated process, often requiring the assistance of an experienced Georgetown wrongful death attorney. Your attorney can help you collect evidence in order to prove that the other party was liable for your loved one’s wrongful death.
In addition, your Georgetown wrongful death attorney will look at the costs associated with your loss in order to determine a fair settlement. Factors such as medical bills, funeral expenses, loss of income and loss of companionship will be considered when asking for damages.
Contacting a Georgetown Wrongful Death Attorney
The South Carolina wrongful death attorney team at the Shelly Leeke Law Firm is available to help families 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 action, 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 Charleston wrongful death attorney for a free information packet and consultation – 1-888-690-0211.
What is the Fair Debt Collection Practices Act?
The Fair Debt Collection Practices Act was created in order to prevent debt collectors from practicing abusive collection of debts and to allow for consumers to dispute and obtain validation of debt information they that they can ensure accuracy of the collector’s information. The Act lists guidelines that debt collectors must follow, as well as the rights of consumers in relation to debt collectors, and outlines the penalties prescribed for violations of the Act.
To view a full list of what is prohibited and required for debt collector conduct, click here.
Do you have more questions about debt collector harassment laws? Contact the Shelly Leeke Law Firm today at 843-277-6061 today!
What is the formula for determining what a fair settlement will be for my South Carolina car accident case?
When it comes to determining a fair settlement in a South Carolina car accident there is no set formula. It will all depend on the unique circumstances surrounding your accident in South Carolina and the various factors that may play into it. It is best to consult with a Charleston personal injury attorney to get a better understanding of what your legal options are and the types of compensation you can expect to potentially receive.
In general, there are certain considerations made when it comes to determining a fair settlement in a South Carolina car accident claim. One of the first factors considered is who was negligent. It must be proven that another party was responsible for your South Carolina car accident, which can be done with different types of evidence.
Evidence to prove negligence in a South Carolina car accident may include:
Another consideration that is made in determining a fair settlement for a South Carolina car accident is the amount of monetary damages you sustained. This can include property damage, your medical bills, any wages you lost from missing work, and other items with set values (bills, receipts, etc.).
You also need to take into consideration your non-economic damages such as pain and suffering and mental anguish. Your Charleston personal injury attorney can help you determine a fair amount for these subjective damages.
Since each South Carolina car accident is unique, it is best to consult with a Charleston personal injury attorney who will take the time to carefully evaluate your case. An attorney can make a determination as to whether or not you have a valid claim and provide you an estimate on how much compensation you may be entitled to recover once they become familiar with your case.
Seeking the Help of a Charleston Personal Injury Attorney
The Charleston 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 Charleston personal injury attorney for a free information packet and consultation, 1-888-690-0211.
What is the most common cause of tractor trailer accidents?
According to studies by the Federal Motor Carrier Safety Administration, truck drivers’ actions contributed to accidents 87% of the time. Of the remaining 13%, 10% are due to mechanical issues with the truck, and 3% are caused by the outside environment.
What is the Omnibus Adult Protection Act?
The Omnibus Adult Protection Act was created in order to protect elders living in nursing homes or assisted living facilities against abuse and neglect. The act describes the elements that are prohibited in nursing homes under law. These include physical or psychological abuse, negligence, and exploitation. Physical or psychological abuse can be the most devastating for both the victim and their family. Financial exploitation often occurs in nursing homes that are understaffed or where the staff is under-paid.
View our article on the Omnibus Adult Protection Act to find out if the symptoms that your loved one is experiencing in their nursing home is in violation of the act. If you plan to pursue a nursing home abuse case, call 832-277-6061 to set up a free consultation with a nursing home abuse lawyer.
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.
What is Underinsured Motorist Coverage or UIM?
Underinsured Motorist Coverage or UIM is different from Uninsured Motorist Coverage. UIM coverage is on your personal car insurance policy and goes into effect when the person at fault for your accident has insurance, but their policy limits are not high enough to fully compensate you for your loss.
For example, you are in an accident, which was not your fault. You have losses totaling $45,000, but the other driver’s insurance only covers $25,000 in losses. If you carry UIM, which in South Carolina you are required to have at least $25,000 in coverage, the remaining balance will then be entered as a claim agaisnt your UIM coverage. This coverage will hopefully be enough to compensate the remainder of your losses.
What compensation can I receive for my slip and fall accident?
Since slip and fall cases are considered to be personal injury-type cases, the compensation can cover many of the same things that other accident cases do. For example, you can recover money for any costs related to the slip and fall, such as medical bills, medical prescriptions, and any other medical-related treatment. You can also regain your wages that you may have lost due to missing work because of your injury. Moreover, it is also possible for you to receive compensation for the pain and suffering that you endured as a result of the accident.
What constitutes as “neglect” in a nursing home setting?
There are many different forms of “neglect” in a nursing home. The most obvious, of course, is physical neglect. It can also occur in neglecting the patient’s personal hygiene needs, basic needs, medical needs and even emotional neglect.
What could I do to help protect my South Carolina personal injury case?
There are a few things you can do to help protect your South Carolina personal injury claim. One of the most important ways you can protect your claim is to have the help of a knowledgeable and experienced Summerville personal injury attorney.
When you work with an attorney you have a greater chance at receiving a fair settlement that takes into account your current and future needs related to your accident injuries. Additionally, you can alleviate some of the many problems that arise when individuals attempt to settle a South Carolina personal injury claim on their own.
It’s important that you remain in contact with your Summerville personal injury attorney by promptly returning calls and being prepared to answer all questions with thorough, honest answers. Your attorney can only help protect your interests when they have all the information in front of them. Keeping important details from your attorney, even if they seem embarrassing or include some fault on your part, is never a good idea. Your lawyer can only protect your rights when they know this information and can plan a defense around it.
You’ll also greatly help your claim by staying organized. Your Summerville personal injury attorney will need a lot of documentation to defend your injury claim. That means you’ll need to provide them with important documentation such as:
It’s also a great idea to keep a journal of your injuries and how they affect you in your day-to-day life. If an injury has made it difficult or impossible for you to watch your children, perform housework, or return to your job, these are all important considerations that may affect your claim. Memories fade, but writing down the details of your injury treatment and recovery can be an extremely valuable piece of evidence to have on your side.
Additionally, you can help your claim by following the advice of your doctor. This includes following up with your doctor at scheduled appointments, taking recommended medication and undergoing any treatment that your doctor deems necessary. By showing that you are taking your injury seriously by committing to a treatment plan, you are also supplying important evidence to back up your South Carolina personal injury claim.
Your Summerville personal injury attorney can also help explain your legal options and even take over communications with the insurance company on your behalf.
Seeking the Help of a Summerville Personal Injury Attorney
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 Summerville personal injury attorney for a free information packet and consultation, 1-888-690-0211.
What damages are awarded in a medical malpractice claim?
Damages for a medical malpractice case may include:
It is very important that you keep track of your medical expenses, including all records of any bills for doctors, medications, crutches, wheelchairs, spe-cial beds, special clothing or shoes, or any other item which the doctor rec-ommends that you purchase or use. You should also keep track of the number of visits to your physician and the mileage for these visits.
What damages can I recover in an accident case that was caused by a person who was driving under the influence?
If you are injured in an accident involving a drunk driver, you are entitled to recover your medical bills, lost wages, pain and suffering, property damages and other expenses directly associated with the accident. Because the driver who hit you was intoxicated, which is illegal, you may also be able to obtain punitive damages.
Punitive Damages are damages which may be awarded to the Plaintiff by a judge or jury in certain cases where the negligence is more severe than simple negligence. Punitive damages are meant to deter the conduct which caused the accident, in this case, drunk driving.
What damages can I recover through my South Carolina personal injury claim?
There are both economic and non-economic damages that may be recovered through a South Carolina personal injury claim. To fully understand the types of damages that you may be entitled to receive, which are determined on a case by case basis, you should consult with a Summerville personal injury attorney.
Some damages are easy to put a value on, such as medical expenses. This can include time spent in a hospital, visits to the doctor, medication or treatments and medical procedures related to your accident injuries.
Property damage is another example where estimating the costs are fairly straightforward, even if you need more than 1 estimate. Property damage however, is not limited to just your vehicle. Any damage done to your personal property, such as items that were in your car and destroyed during a car accident, may be included in your South Carolina personal injury claim.
The time you had to take off work for your injuries is another recoverable expense in your injury claim. If your injuries lead to a permanent disability you may also be able to receive damages for your lost future earnings.
Some injuries that are more difficult to put a value on are non-economic damages such as pain and suffering, emotional distress, loss of enjoyment of life and disfigurement. These types of damages can be just as devastating and may be recovered through a South Carolina personal injury claim. However, since these costs do not come with bills and receipts, you’ll need to work with your attorney to determine a fair amount of compensation for these areas. Many times, similar cases can be used to help determine these figures.
The best way to determine the worth of your South Carolina personal injury claim is to consult with an experienced Summerville personal injury attorney. They will not only take the time to evaluate your case and determine the best course of action to take but they will provide an estimate on the amount of damages you may be able to recover through your South Carolina personal injury claim.
Seeking the Help of a Summerville Personal Injury Attorney
The Summerville 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 Summerville personal injury attorney for a free information packet and consultation, 1-888-690-0211.
What do I do if I am experiencing back pain from a rear end collision?
If you have been involved in a rear end collision, it is very likely that you may be experiencing back pain as a result of the accident. One of the most common forms of back and neck pain is whiplash, which can cause stiffness. It is important to seek medical treatment immediately because back pain could potentially be a sign of a more serious injury, such as a herniated disc. If you are unable to go to the doctor or chiropractor right away, try stretching more, reduce any stress that you place on your back, and be sure to get a good amount of sleep every night. However, if your back pain improves, still make sure that you see a doctor or chiropractor. Your condition could worsen in the future, which is why it is important to start a treatment plan as soon as possible.
After seeking medical aid for your back pain, you should contact a South Carolina personal injury attorney. They will be able to protect your rights and get you the compensation you deserve if you have been rear ended by another driver. Call Shelly Leeke Law Firm today at 843-277-6061 to set up a free consultation!
What do I do if I was hit by an uninsured motorist?
With your insurance policy, you most likely have uninsured motorist coverage. This means that your insurance company will pay for the losses. This is also why it is very important to report any and all accidents involving a car, even though you were not in a car yourself.
What do I do if the insurance company offered me money for my car accident claim?
Even though you may want to automatically accept the insurance company’s offer to settle your case, you should never do so without first consulting with an attorney. You would most likely lose out on hundreds to thousands of dollars by prematurely settling your case. It is important to remember that the insurance company is NOT on your side. Their main goal is to save their company the most amount of money (by offering you the least amount of money to settle your claim). By setting up a free consultation appointment with an attorney, the attorney will be able to evaluate your case and determine whether or not the money you were offered from the insurance company is fair.
Shelly Leeke Law Firm offers free consultations for those needing assistance with their personal injury claim. To make your appointment with Attorney Leeke, call 843.297.8485.
What do I need to know about insurance industry tactics so I can try to handle my claim on my own?
There are several things you need to know about the tactics auto insurance companies use if you plan to handle your South Carolina personal injury claim on your own.
While insurance adjusters may appear friendly, their top priority is to their employers, the auto insurance companies, so it’s only fitting that the tactics and methods they use are to further one goal: helping the auto insurance companies maintain their bottom lines.
With this in mind, your South Carolina personal injury claim may greatly benefit from the help of an experienced Charleston personal injury attorney who understands your rights as well as the tactics the insurance company may employ to reduce or deny your injury claim.
A Charleston personal injury attorney will be prepared to deal with the many tactics insurance adjusters use, including:
After a serious accident, you may not be in the frame of mind, much less have the time to deal with auto insurance companies and their tactics. Hiring a Charleston personal injury attorney to handle your South Carolina personal injury claim will allow you to focus on recovery and avoid tedious and frustrating encounters with insurance adjusters.
Seeking the Help of a Charleston Personal Injury Attorney
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 Charleston personal injury attorney for a free information packet and consultation – 1-888-690-0211.
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.
What does loss of consortium mean in a personal injury case?
Loss of consortium is a legal cause of action that can be brought by family members 
of a person that has been injured or killed in an auto accident or by someone else’s negligence. A spouse may recover for the loss of services, and the loss of affection of the marriage that was caused by the injuries incurred by his or her spouse in the accident.
If you have experienced the death of a loved one due to someone else’s negligence, contact Shelly Leeke Law Firm at 1-888-690-0211 to set up a complimentary case evaluation.
What does the “attractive display” doctrine mean?
The attractive display doctrine mean that as a customer of a store, you may become distracted by a display in the store, which could cause you to overlook a spill or dangerous condition on the floor. The store owners purposely put up these types of displays to attract your attention, which is why they are held responsible for making sure that the floor is safe for you to walk on while you are looking at the display. While most of the time you may be held responsible for making sure that you avoid dangerous areas, in this case, the store owner is held liable because they created the “attractive display” that prevented you from safely passing through the store.
What exactly is a pedestrian accident and doesn’t a pedestrian always have the right of way?
A pedestrian accident occurs when a motor vehicle hits a person who is traveling by foot. This type of accident is known to happen near intersections, but can also occur anywhere along the roads or in parking lots. Although most often the pedestrian has the right of way, there are other instances when they do not. Pedestrians should be cautious of their roadways and cannot simply walk wherever they choose. As a pedestrian, you should always use a crosswalk when crossing the street and be sure that all cars have come to a complete stop.
What exactly is asbestos and where is it used?
Asbestos is a naturally occurring mineral with fibers that are resistant to fire, heat and corrosion, and are still used today in India, China, and the Developing World. After mining, asbestos fibers are made into products that are used for insulation, fire protection, corrosion resistance and to add bulk to many other products. Products containing asbestos may include insulation, ceiling and floor tiles, wallboard, cement piping, sheet rock joint components, to name just a few. Surprisingly, asbestos is still present in many buildings, schools, industrial sites, schools, auto parts and home insulation.
What happens if I did not call the police after my South Carolina car accident?
No matter how small your South Carolina accident may be, it is always a good idea to call the police so that your accident is 
documented. If you do not call the police, it is very difficult to prove your case, and the insurance company or the person who caused the accident may dispute the facts of the case if there is no documentation of what happened.
If you were injured in an accident and you did not call the police, it is still recommended that you seek legal help from a South Carolina auto accident attorney. Shelly Leeke Law Firm offers free case evaluations that can be scheduled by calling 843.277.6061.
What happens if I pass away before my asbestos lawsuit is resolved?
In the unfortunate event that you pass away before your asbestos case is resolved, then your family members can continue the case on your behalf. Your Last Will and Testament will be what is used to determine who gets the compensation from your case. In addition, your family members have the right to file a wrongful death lawsuit after you have passed away to cover the loss that they have personally experienced as a result of your death.
What happens when you fail to report a South Carolina accident?
Failing to file a report after an accident in South Carolina could result in criminal charges against you so it’s very important that you do so. When it comes to dealing with your accident and the injuries you have sustained, consulting with a Goose Creek personal injury attorney should be a priority.
Piecing together the details of your accident in South Carolina requires evidence. A Goose Creek personal injury attorney can investigate the details of your accident and collect that evidence; however, you have a part to play in this.
Preserving evidence is first done with the injured party. Having a copy of the accident report can be a crucial piece of evidence in your South Carolina personal injury claim.
The accident report may provide details that indicate the other party was negligent or it may disprove any contribution you may have had to your accident in South Carolina. This is just one piece of evidence that can really help your South Carolina personal injury claim.
There are other pieces of evidence that can also be helpful in your claim such as photographs of the accident scene, statements from witnesses, copies of your medical records and any other documentation related to your accident in South Carolina.
When you have been injured in an accident in South Carolina, you should seek the help of an experienced Goose Creek personal injury attorney. They can carefully evaluate your case to determine if negligence was the cause of your injuries and help you proceed with filing a South Carolina personal injury claim.
Seeking the Help of a Goose Creek Personal Injury Attorney
The Goose Creek 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 Goose Creek personal injury attorney for a free information packet and consultation, 1-888-690-0211.
What happens when you leave the scene of a South Carolina accident?
When you leave the scene of an accident in South Carolina, you can actually face criminal charges.
Leaving the scene of an accident after a South Carolina car crash can result in misdemeanor charges, jail time, fines and even felony prosecution when serious injuries and death result. In fact, if you leave the scene of an accident and someone was seriously injured or killed in your South Carolina car crash, fines may range from $5,000 to $25,000. Not to mention, up to 25 years in prison.
The only exception prescribed by state laws is when you leave the scene of an accident to seek help from authorities.
On another note, leaving the scene of an accident doesn’t allow you to have the time to understand what led to your South Carolina car crash. When you call police, seek a traffic accident report and get witness information, you may realize that you didn’t even cause your South Carolina car crash.
When you’ve been injured, as well, the decision of whether to stay at the scene of the accident can make the difference between being able to file a South Carolina personal injury claim against the other driver or facing penalties.
Since the minutes, hours and even days after a South Carolina car crash can be fuzzy, you may find you need a Summerville car accident lawyer to help you make sense of the circumstances surrounding your accident. When initial traffic accident reports don’t necessarily point to who was at fault for your accident, a Summerville car accident lawyer’s investigation may be more revealing.
By staying at the scene of your South Carolina car crash and contacting a Summerville car accident lawyer as soon as possible, you’ll have taken the first steps toward protecting your potential personal injury claim.
Seeking the Help of a Summerville Car Accident 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.
When you’re ready to get started on settling your accident claim, contact a Summerville car accident attorney for a free information packet and consultation, 1-888-690-0211.
What if a loved one has been killed as the result of a South Carolina motorcycle accident that was not their fault?
Sadly, death is the outcome for many motorcyclists involved in crashes. When this type of tragedy strikes, a family member of the deceased may be eligible to file a wrongful death claim. If someone you love has died due to a motorcycle , the best thing to do is seek legal assistance from a qualified South Carolina injury lawyer. It is crucial that you do this as soon as possible, since the statue of limitations can affect your claim and the outcome.
What if the truck driver who hit me was texting leading up to the South Carolina truck accident?
If the truck driver who hit you was texting at the time of your South Carolina truck accident, you may have a solid South Carolina personal injury claim. This is because it is now illegal for truck drivers to text and drive.
The Federal Motor Carrier Safety Administration passed a law last month that prohibits truck drivers from texting while driving and prohibits carriers from allowing or requiring their drivers to text and drive.
If a truck driver is found to be texting while driving, they could face a $2,750 fine and be disqualified from driving. Carriers face an $11,000 fine.
Truck Driver Negligence Related to Texting
Truck driver negligence comes in many forms, from reckless driving to speeding. Texting is just one example of a growing problem. While any type of distracted driving is dangerous, this is especially true for truck drivers. A distracted truck driver may not be able to react in time to stop such a large vehicle.
In 2009, a 21-year-old college student received a large settlement for severe injuries after 2 trucks collided and hit his vehicle. One of the truck drivers had been texting. The college student ended up with a $49 million settlement.
Victims of truck accidents that involve a distracted driver are beginning to learn that they can hold others responsible for this negligent behavior.
How a Charleston Personal Injury Attorney Can Help
If you have been seriously injured in a South Carolina truck accident, a Charleston personal injury attorney can help you determine if it was the result of negligence, such as texting while driving.
In addition, a Charleston personal injury attorney can gather the evidence necessary to prove negligence and help you get the compensation to which you may be entitled. With the help of an attorney, you are also more likely to get a larger settlement if it is found that the truck driver was negligent in your South Carolina truck accident.
Contacting a Charleston Personal Injury Attorney
Before you file a South Carolina personal injury claim, request a copy of our free consumer guide, The South Carolina Accident Book for Personal Injury Victims. When you’re ready to get started on settling your truck accident claim, contact a Charleston personal injury attorney for a free information packet and consultation – 1-888-690-0211.
What information should I get if I am bitten by a dog in South Carolina?
If you are bitten by a dog in South Carolina, you should, as with any personal injury, seek
immediate medical assistance. However, if possible, you should try to write down all of the contact information of the dog owner, including their name, address, and telephone number. It might also be helpful to find out the name of their insurance company, as well as contact information for any witnesses to the dog bite incident. Also, be sure to take note of exactly where the dog bite occurred. Any and all information that you collect can be helpful for your dog bite case. Your South Carolina dog bite attorney will then be able to evaluate the evidence and help you receive compensation for your injuries.
What is a Class I recall?
Class I recalls are the most serious type of recall and involve situations in which there is a reasonable probability that use of these products will cause serious adverse health consequences or death.
What is a Contingency Fee Agreement?
In a contingency fee agreement, instead of paying an attorney on an hourly or flat fee basis, the client agrees that the attorney’s fee will be a percentage of any recovery in the case. In most contingency fee agreements, the costs are an additional expense, which are paid out of the recovery at the end of the case. Since the clietn does not have to pay an attorney up front, contingency agreements give people who may not be able to afford to hire an attorney, a chance to hire a lawyer to protect their legal rights.
What is a debt validation notice?
A debt validation notice should be sent to you by a debt collector within five days of speaking with you. The notice should contain a “mini Miranda” stating: “This is an attempt to collect a debt and if we do not hear from you within 30 days of this notice, we will assume the debt to be valid.” It is important to act immediately once you receive this letter. Also, take note of whether or not the notice includes the amount of debt that you owe and the amount of time you have to contact them back. If it does not or you do not receive a letter, then the debt collector is in violation of the Fair Debt Collection Practices Act (FDCPA).
If you feel as though a debt collector has been harassing you and in violation of the FDCPA, contact a South Carolina debt collector abuse attorney today at 843-277-6061.
Is the other driver automatically at fault for rear-ending me in a South Carolina crash?
If you have been involved in a rear-end car accident in South Carolina, and your car was the vehicle that was rear-ended, then the accident will almost always be the fault of the driver who hit you from behind. There are few exceptions to this rule, but they’re fairly rare with regards to rear-end crashes.
The exceptions to the rule of automatic fault in a rear-end car accident occur when:
Even if you were partly responsible for a rear-end car accident in South Carolina, you may still be eligible to receive damages, as long your percentage of fault did not exceed 50%.
Damages that you may recover after a rear-end car accident in South Carolina include:
To recover damages after a rear-end car accident in South Carolina, you can consult with a Charleston accident attorney. An attorney can evaluate the factors surrounding your rear-end car accident to determine the strength of your potential injury claim.
Contacting a Charleston Accident Attorney
South Carolina residents can take comfort knowing that the attorneys at the Shelly Leeke Law Firm are there to help them settle their personal injury claims. Our firm’s focus on personal injury cases includes injury from auto accidents including pedestrian and bicycle injuries, work-related injuries and worker’s compensation claims, and injuries resulting from dangerous prescription drugs.
Before you file a South Carolina personal injury claim, request a copy of our complimentary consumer guide, The South Carolina Accident Book for Personal Injury Victims. When you’re ready to get started on settling your accident claim, contact a Charleston accident attorney for a complimentary information packet and consultation – 888-690-0211.
Must I call police if I am involved in a South Carolina traffic accident?
Yes, you should call the police if you are involved in a traffic accident in South Carolina. The police will prepare a traffic accident report including contact information on all parties involved in the accident and the police officer’s opinion of how the accident happened.
If you suffered severe injuries in the accident in South Carolina, you should consult with a North Charleston personal injury lawyer to discuss filing a claim for damages. Your North Charleston personal injury lawyer will need the traffic accident report to help determine issues of negligence.
Additionally, according to the South Carolina Department of Motor Vehicles (DMV), you must provide proof of insurance if your vehicle has been in an accident that caused property damage, injuries or death. The police officer will provide all drivers with the FR-10 insurance verification form, which their insurance companies must complete.
The deadline for returning the FR-10 form to the DMV is 15 days after the accident in South Carolina, and it must be returned whether or not you caused the accident. If you miss the 15-day deadline, you could face suspension of your driver’s license and registration. You will also face suspension if you lack automobile insurance.
After the police officer investigates the accident in South Carolina, he or she will send a traffic accident report to the DMV. To get a copy of the traffic accident report, you will need to complete the FR-50 form and pay a $6 fee.
If your North Charleston personal injury lawyer suggests you move forward with a personal injury claim, you might be able to pursue compensation for current and future medical expenses, damage to your vehicle, pain and suffering and lost earnings.
Seeking the Help of a North Charleston Personal Injury Lawyer
The North Charleston 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, 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 lawyer for a free information packet and consultation – 1-888-690-0211.
My child was in a school bus accident, do I need a lawyer?
If your child is injured in a school bus accident, it is wise to seek the advice of a personal injury attorney for help in resolving your child’s school bus accident claim. If the bus accident is serious or if there are 
>multiple children injured in the accident, it is very important to seek the advice of a personal injury lawyer to make sure your child’s rights are protected.
My spouse or family member passed away from mesothelioma or an asbestos-related cancer. Can I still file an asbestos lawsuit in South Carolina?
In this case, you would be able to file a wrongful death lawsuit on behalf of your spouse or family member. Through this type of lawsuit, you will receive compensation for loss of companionship, funeral and medical expenses, loss of future earnings, and more. However, in South Carolina, you only have three years from the death of your loved one to file a wrongful death claim. As a result, it is important to contact a South Carolina mesothelioma attorney as soon as possible, so that they can advise you on how to begin pursuing a lawsuit.
For more information on South Carolina wrongful death lawsuits, click here.
My wife was involved in a car accident with a drunk driver who had just left a bar. Is there any way to sue the bar?
Yes, in South Carolina, a person, a bar or a restaurant is not allowed to sell alcoholic beverages to an intoxicated person. If a bar serves an intoxicated person and that person then causes injury to someone else, the bar may be sued for liability as a result of the damages caused by the intoxicated person. This is referred to as Dram Shop Liability. If you are injured by a drunk driver, it is important that you speak with a qualified personal injury attorney immediately. An experienced accident attorney will be able to assess and evaluate all the potential claims you may have against the drunk driver and possibly the business or person that served him alcohol.
Do I really need to hire a lawyer for my accident case?
This may surprise you, but the truth is you may NOT need an attorney to represent you in your injury case. You may not need an attorney for a very small injury case. It has been our experience that in very small wreck cases, you may be able to get a settlement near or close to what a lawyer could get, and you don’t have the added expense of attorney’s fees. However, even though you may not need an attorney to represent you in your case, you should NEVER settle a case without knowledge and understanding. Remember, most personal injury attorneys offer free consultations, so consult with an attorney before deciding to settle on your own. The Shelly Leeke Law Firm provides free complimentary case evaluations. Contact us.
Police say the truck driver involved in my South Carolina accident fell asleep right before the crash. Does the law limit how many hours a truck driver can driver per day?
If you were involved in a South Carolina truck accident and the police indicate that the truck driver fell asleep right before the crash, you should know that the law does limit the number of hours a truck driver can drive per day.
Fatigue is a common form of negligence that can cause a truck accident. It is vital that truck drivers get adequate rest before hauling loads with such a large vehicle. The hours of service regulations stipulate how long a truck driver can drive and how much rest is necessary between trips.
Hours of Service for Truck Drivers Carrying Property
Truck drivers who carry property are subject to the following hours of service:
Hours of Service for Truck Drivers Carrying Passengers
Truck drivers who carry passengers are subject to the following hours of service:
Contact a Charleston personal injury attorney immediately if you have been seriously injured in a South Carolina truck accident. An attorney can help you determine if you have a valid South Carolina personal injury claim.
Contacting a Charleston Personal Injury Attorney Today
Before you file a South Carolina personal injury claim, request a copy of our complimentary consumer guide, The South Carolina Accident Book for Personal Injury Victims. When you’re ready to get started on settling your truck accident claim, contact a Charleston personal injury attorney for a complimentary information packet and consultation – 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.
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.
Should I file an asbestos or mesothelioma lawsuit?
Even though you may have been exposed to asbestos, that does not mean that you automatically should file a lawsuit. In the situation where you have not yet been diagnosed, you should notify your doctor that you have been exposed to asbestos and seek medicall aid as soon as you notice a change in your health. On the other hand, it would be worth your while to file a lawsuit if your doctor has diagnosed you with an asbestos-related disease, such as mesothelioma. These types of injuries are severe and deserve compensation for the damages that the asbestos caused. If you have been diagnosed with an asbestos-related disease, it is highly recommended that you seek the assistance of an experience asbestos lawyer.
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.
Should I hire a Charleston, SC asbestos lawyer?
If you have been exposed to asbestos and are experiencing health issues, you are entitled to compensation. Manufacturers of 
asbestos and companies who use asbestos are aware of the dangerous side effects of this product. Therefore, you have the right to pursue a lawsuit against these companies for their negligent actions. By hiring a Charleston, SC asbestos lawyer, you are increasing your chances of gaining compensation through your asbestos lawsuit. Asbestos attorneys have years of experience handling these types of cases and dealing with insurance adjusters, which can be a difficult task considering the goal of insurance companies is to get you the least amount of money possible. If you have been exposed to asbestos and would like to contact a South Carolina asbestos attorney to discuss your case, call 1-888-690-0211 today!
The insurance adjuster is calling me about my South Carolina accident- should I speak with the adjuster?
After you have been involved in a South Carolina car accident, the adjuster for the other driver’s insurance company will most likely try calling you. They will ask for a recorded statement and if you have been injured, they will want to talk in depth<
about your injuries. While it is usually alright if you speak with an adjuster about your vehicle and property damage, you should not discuss your injuries with an adjuster until you have spoken with an attorney.
It is important to remember that the insurance company is NOT your friend. Auto accident attorneys handle personal injury cases daily, and are used to the tactics used by insurance adjusters to devalue your wreck case. It is always best to speak with an attorney before you talk to an adjuster about your injuries. Shelly Leeke Law Firm provides free complimentary case evaluations. If you have been involved in an accident in Berkeley, Dorchester, Charleston or anywhere else in South Carolina, we can help. Contact us today at 1-888-690-0211.
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 are some causes of nursing home neglect and abuse?
Nursing homes are filled with overworked and underpaid staff, many of whom are unqualified to care for all of the needs of an elderly person. Over time, many of these workers start to care less about the patients and more about themselves. Often, management will allow this behavior to continue so long as the facility is making a profit. This “turning a blind eye” behavior is callous and egregious, but, sadly, is common practice in many of today’s nursing homes.
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.
What are some signs of nursing home abuse?
Since your loved one may not be able to communicate to you that they 
are experiencing abuse in their nursing home, there are warning signs that you should look for that could indicate abuse. Signs of physical abuse can be bedsores, unexplained injuries, and stained or soiled clothing. A change in your loved one’s behavior can also be an indicator of nursing home abuse. Also, you should be suspicious if the staff does not let you see your loved one at a certain time or does not allow you to be alone with them. Another sign of abuse is if you notice that there are changes in your loved one’s finances or if some of their belongings are missing.
Click here for a more detailed description of the warning signs of nursing home abuse, or contact us today at 1-888-690-0211 so that we can help answer any questions that you may have about nursing home abuse cases.
What are some symptoms of asbestos exposure?
Symptoms of asbestos exposure typically do not appear right after you have been exposed to asbestos. There are some instances where you may experience a wheezing cough or difficulty in breathing shortly after being exposed; however, most often, symptons do not appear until 15 to 20 years after being exposed. Common symptoms associated with asbestos exposure include:
While these symptoms do not automatically signify that you have been exposed to asbestos and are experiencing health issues because of it. That is why it is best to go to a doctor who will be able to determine whether or not asbestos caused your symptoms and provide you with a treatment plan that is best for you. It is important to seek medical aid as soon as you are experiencing any asbestos-related health issues because the effects of asbestos exposure can lead to cancer or even death.
If you have been diagnosed with an asbestos-related disease, protect your rights with SC asbestos lawyer Shelly Leeke. Call 1-888-690-0211 to set up a free consultation appointment today!
What are the golf cart laws in South Carolina?
In South Carolina, golf carts can be driven on secondary roads, but only if the speed limit is not greater than 35 miles per hour. You 
are permitted to cross highways and streets that intersect the secondary roads, but it is important to be especially cautious when doing so. In order to legally drive on public roads, golf cart drivers are required to get a permit by providing proof of title and paying a fee of five dollars. Golf cart drivers are required to follows all of the laws of the road that apply to motor vehicles. If a person is driving under the influence while operating a golf cart, they will face the same charges as a driver of a car would. Minors who do not have a license are not permitted to drive on public AND private roads. If a police officer pulls over a child on a golf cart, their parents will receive a $217.50 fine. Although South Carolina does not require golf cart drivers to carry insurance, it is recommended that you get your cart insured in case of an accident.
If you have been in an accident with a golf cart in South Carolina and the accident was not your fault, contact an experienced personal injury attorney today at 843.277.6061 so that we can help you get your life back to normal.
What are the most common causes of motorcycle accidents in Charleston, SC?
While drivers of both motorcycles and cars face similar situations that cause accidents, motorcyclists are particularly at-risk for accidents caused by distracted or careless drivers. The most common accident that can be devastating for motorcyclists is when a driver turns left in front of the motorcycle. Drivers are not usually looking for motorcycles on the road and tend to “miss” them or underestimate their speed when trying to make a turn. There are also instances where the motorcycle is in the driver’s blind spot or there are other things obstructing the driver’s clear view of the motorcycle. Lastly, it has been reported that some motorcycle accidents have ocurred as a result of defective motorcycle equipment, which have caused serious injuries to the driver.
If you were in a Charleston motorcycle accident and need help figuring out what steps to take next, you should consider contacting an experienced Charleston motorcycle accident lawyer. Shelly Leeke has been representing accident victims for nearly a decade and will be able to get you the compensation that you deserve. Call 1-888-690-0211 today in order to set up a free consultation appointment.
What are the most common causes of TBI?
Traumatic brain injuries can occur with or without penetration to the skull. The leading causes of TBI are falls, motor vehicle accidents, being struck by something, and assaults. TBIs can also be caused by breathing in chemicals, lack of oxygen, tumors, infections, and strokes. Children and the elderly are the most susceptible to experiencing a TBI, which is most often caused by a slip or fall for these age groups. If you or someone you know has experienced a Traumatic Brain Injury, it is important to contact a South Carolina personal injury attorney today at 888-690-0211.
What are the symptoms of a TBI?
People who suffer “mild” TBIs, like concussions, may show signs of loss of consciousness for less than 30 seconds, seems confused or stunned, moves clumsily, can’t remember what happened prior to injury, etc.
People who suffer a “severe” TBI may show signs of prolonged loss of consciousness, physical disabilities, difficulties with thinking, personality changes, in addition to symptoms of “mild” TBIs.
What can a personal injury lawyer do for my car accident claim?
Once you meet with a personal injury lawyer, they will be able to educate you on the personal injury legal process. They will then gather any documents that you may have relating to the accident. They will analyze your insurance policy and your coverage to see what funds are available to cover the damages and also suggest what type of coverage you should get in order for you to be more prepared in case of an accident.
After doing this preliminary work with you, the attorney will then behing the initial investigation, which could include interviewing witnesses and collecting additional evidence. They will analyze the legal issues surrounding the accident, including liability issues and potential legal defenses. Another important job of the personal injury attorney is to review your medical records and speak with your medical providers so that they can understand the extent of your injuries. They will also check your health insurance policy to determine whether any bills must be repaid.
If you have signed a contract with the attorney, they will take care of dealing with the insurance company for you. They will notifiy the insurance company that you are filing a claim and remain in touch with the adjuster throughout the claims process. They are responsible for negotiating with the insurance company in order to settle the claim without litigation. If a lawsuit must be filed, the attorney will draft the Summons and Complaint to file in court. They will prepare you for your deposition, prepare questions to the defendant and other witnesses, and prepare for and conduct the deposition. They may even hire experts to support or provide validity for your claim.
They will prepare for the trial by organizing evidence and then go to trial and try the case in front of a jury or judge. After the trial is over, they will analyze the jury’s verdict in order to determine whether there is a need for an appeal and then make recommendations to you on whether or not you should appeal your case.
If you have been injured in an accident, you should consult with an attorney before entering into any negotiations with the insurance company. You could potentially lose out on a large amount of compensation that you are entitled to if you do not first seek out the help of an experienced personal injury lawyer. To set up a free consultation with Attorney Shelly Leeke, call 843.297.8485.
What can I do if a defective roadway or unmaintained roadway caused a South Carolina motorcycle accident?
Roadway defects such as uneven pavement, potholes, too-tight curves, lack of signage, or poor upkeep account for a small percentage of motorcycle accidents. Roads are required by law to be safely designed and maintained; when they poorly maintained or designed, state legislature and other entities can be held liable for causing an accident.
What can I do if I think that a debt collector did something that is against the law?
Within a year from the date of the violation, you can sue a collector in state or federal court. If you win your case, the collector can be required to compensate you for any costs of damages associated with their illegal collection practices, which can also include attorney’s fees and court costs. If more than one person has been harassed by the collector, then they can form a group of people to file a class action lawsuit who can recover money for damages up to $500,000 (or 1% of the collector’s net worth, whichever is less). It is important to remember that even though the debt collector violated the Fair Debt Collection Practices Act, you still will owe the debt.
If you need the help on attorney to stop debt collection harassment, contact the Shelly Leeke Law Firm today at 843-277-6061.
What can I do if I was injured because of a defect in my motorcycle?
A claim may be brought against the manufacturer of a motorcycle if it is found that a defect caused the death that resulted in injury or death. If we represent you in your claim, Shelly Leeke Law Firm will conduct a thorough investigation to determine if a manufacturing defect was present. Important note: In cases such as these, the motorcycle itself can be the most important piece of evidence in your claim. Do not discard the motorcycle after the accident. It will need to be investigated for evidence of how the defect caused the crash that resulted in injury or death.
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.
I received documents from the insurance adjuster. Do I fill these documents out and send them back to the insurance adjuster?
Do NOT sign any documents from the insurance adjuster without letting an attorney review them first. A personal injury attorney who is experienced with accident cases and dealing with adjusters is best suited to handling these documents. They can ensure that your rights are protected and that you will get the compensation that you deserve.
I settled my case without an attorney, can I change my mind?
No. Once you sign a full and final release of claims for your bodily injury claim, your case is closed. You cannot go back later and change your mind and get more money from the insurance company.
While there are some cases that can be settled on your own without an attorney, there are many more cases where a good personal injury attorney can in fact SAVE you thousands. That’s why it is always a good idea to at least speak with an attorney before settling your injury case on your own.
I slipped and fell in a store and I have evidence that another customer notified an employee of a spill prior to my fall. Is this relevant to my slip and fall case?
Yes. It strengthens your slip and fall case if you have proof that the store was aware of the dangerous condition prior to your fall. This means that the store was being negligent in that they failed to clean up or fix the condition, thus endangering customers in the store.
I was crossing the street and was hit by a car. What should I do?
Call the police and make sure that you wait where the accident occurred until medical help arrives. While you are waiting, if possible, try to write down all of the contact information of the driver, including name, address, phone number, drivers license and license plate number, registration, and insurance company and policy number. Also, make sure that you write down the contact information for anyone who may have seen the accident when it happened. If the police do not come to the scene of the accident, you should file a report as soon as possible. Let your insurance company know about the accident. Also, even if the accident was a hit-and-run, make sure that you report it to the police and your insurance company.
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”.
I was hit by a drunk driver. Do I have to go to court?
Unless you are subpoenaed, you are not required to be in court during the adverse driver’s hearing or trial. However, you should cooperate with the solicitor’s office who is prosecuting the defendant for the DUI. Your cooperation may help with the conviction of the drunk driver for the criminal portion of the case.
Your civil case for damages against the defendant is a separate case, and you have the right to purse a settlement from the drunk driver’s auto insurance company or the driver himself.
I was hit by an automobile while crossing the street. Does it matter if I was not in a crosswalk?
No, you may have a claim against the driver that hit you, even if you were not in a cross walk. Driver’s have a duty to avoid negligently hitting pedestrians. Any number of factors can contribute to a compensable claim, such as whether you looked before crossing the street, was the driver of the vehicle distracted, texting, talking on the cell phone, and any number of additional factors. Keep in mind, the insurance company may try to use the fact that you were not in a cross walk to discredit your claim, so you should speak with an experienced pedestrian accident attorney about your case before talking to the insurance company. Call us today for a Free Case Evaluation.
I was in a South Carolina accident when a car turned left in front of me while I was riding my motorcycle. Who is at fault?
When you have been in a motorcycle accident in South Carolina where a car makes a left turn in front of you, the other driver is almost always liable for the accident and your injuries. Before making any assumptions on who is at fault for your motorcycle accident in South Carolina, you should consult with a Charleston motorcycle accident attorney.
There are many circumstances to consider when you are involved in a motorcycle accident in South Carolina and trying to determine who is at fault.
One of the few exceptions to the near-automatic rule that a left turning car is at fault in a motorcycle accident in South Carolina is when you are found to have violated a traffic law. If you were found to have been speeding or disobeying a traffic signal, you may be found to be at fault for part of the accident as well.
When you need to prove who was at fault in a motorcycle accident in South Carolina, your claim will benefit greatly from the help of Charleston motorcycle accident attorney.
This is because in most scenarios, insurance adjusters will determine fault for the accident. Depending on how much at fault insurance adjusters find you to be, your potential compensation could be impacted accordingly. This is not a situation in which you want to fend for yourself.
A Charleston motorcycle accident attorney can speak up on your behalf after a left turn accident and can handle each and every stage of your claim while you focus on recovery.
Seeking the Help of a Charleston Motorcycle Accident Attorney
The Charleston 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 Charleston motorcycle accident attorney for a free information packet and consultation – 1-888-690-0211.
I was in an accident that was the fault of another driver. I didn’t have insurance at the time of the accident. Can I still be compensated for my injuries?
It is always important to have car insurance at all times and whether or not your insurance was in affect at the time of an accident will impact you ability to recover damages against the at-fault party for your injuries. If the accident was the fault of another driver, you are able to file a claim with his or her car insurance company for your injuries and property damage.
You are entitled to compensation for your medical expenses, lost income, and other damages associated with the accident. Be aware that the process may be more difficult because you were not insured at the time of the accident and you may receive a traffic citation for driving an uninsured vehicle.
I was injured at work, can I sue my employer?
Generally, you cannot sue your employer when you are hurt on the job. Workers’ Compensation is the sole remedy for work related injuries. Under workers’ compensation, an employer will pay medical expenses and lost wages incurred as well as a lump some if there is a permanent disability in exchange for not being sued.
Some workers can sue their employers for certain intentional acts or harms that may have caused injury to the employee. The employer’s act must be intentional, outrageous, and not accidental. When an injury is not considered an accident it is not covered under the Workers’ Compensation Act.
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.
I was involved in an accident where the other driver was on drugs. Is this considered driving under the influence?
Yes, driving under the influence means alcohol or any illegal substance such as drugs.
I was not hit by a motorist in South Carolina, but they did cause me to crash and sustain injuries. Can I still recover damages for my accident?
Yes, there are instances where you would still be able to recover damages even if you were not physically hit by a motorist. A driver of a motor vehicle can be held liable if they were found to have been negligent while traveling on the roadway. For example, a motor vehicle driver could have swerved towards a cyclist, causing the cyclist to also swerve and crash. In this case, the motorist would be found liable and responsible for the damages and injuries sustained in the accident because they were being negligent.
If you have been in a bicycle accident similar to the one described above, contact a Charleston bicycle accident attorney at 1-888-690-0211 to set up a free case evaluation.
I was released to work by my doctor, but with restrictions of light-duty.Will I still receive weekly checks?
If you return to work light duty, and your wages are less than the amount you normally receive (your average weekly wage), you are entitled to compensation of 2/3’s of the difference between your average weekly wage and teh amount you receive while working light-duty. Your checks should continue at this rate until you are released back to work without restrictions, or at maximum medical improvement (MMI).
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.
If I am bitten by a dog or other animal, who is my case against?
A lawsuit may be brought against the dog’s owner or keeper, or even against the homeowner of the dog if the dog’s owner did not own his or her property. The ultimate recovery usually comes from an insurance policy that covers injuries, such as the dog owner’s homeowner’s insurance policy or renter’s insurance policy. An experienced dog bite attorney will be able to examine the insurance coverage available for the dog bite victim.
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.
If I file a claim, will my premiums go up?
If the accident was not your fault, your insurance premiums should not increase.
However, insurance companies base their premiums on risk factors. The number of accidents you are involved in will affect your premium, which means the more accidents you are involved in, the more “at risk” you are for an increase in your insurance premiums. Typically, only accidents occurring within the past three years affect premium rates.
For a free evaluation of your accident, contact us today, or call 843-277-6061.
If I have a dog bite case, what am I entitled to recover for my injury?
If you are attacked by a dog, you are entitled to recover for the damages sustained, which includes medical bills, pain and suffering, emotional distress, lost wages, future medical bills, surgery costs, and possibly psychological damages resulting from the dog bite attack.
If I let a friend borrow my car and he gets in an accident in South Carolina, does my insurance company pay for any damages?
Yes, your insurance will cover your vehicle and pay damages if your friend is involved in an accident while driving your car. However, your insurance company will not pay for any damages unless your friend had your permission to use your car.
If I was involved in a pedestrian accident, what damages should the settlement cover?
The settlement is meant to help with all of the damages caused by the motor vehicle. This could include expenses such as medical bills, lost income and future earning power, and costs for rehabilitation. Moreover, your settlement may also cover the pain and suffering that you may have experienced as a direct result of the accident.
In South Carolina, are persons living in nursing homes protected under law?
Yes, the Omnibus Adult Protection Act was put in place to protect the rights of those living in nursing homes. Under the law, employees at nursing homes are required to report any abuse that they suspect to have occurred and if they do not report the abuse, then they are required to pay a fine. Moreover, the Omnibus Adult Protection Act mandates that anyone who has been proven of neglecting a resident of a nursing home will face criminal penalties.
Is a car making a left-hand turn always liable for a crash in South Carolina?
In most cases when a car is making a left-hand turn they are liable in the case of a crash in South Carolina. However, there are some exceptions to this. The complexity of a traffic accident involving serious injuries is why a West Ashley car accident lawyer should be consulted. They can examine the facts of the case to help determine liability and gather evidence that will support your case.
Determining Liability in a Left-Turn Accident
Liability in a left-turn accident will depend on the circumstances surrounding the incident. Drivers who are making a left-hand turn are expected to do so only when it is safe.
However, some of the circumstances where a driver in a left-turn accident may not be held liable include:
The third type of left-turn accident may be more difficult to prove than the first two. However, if someone else’s negligence led to a left-turn accident that resulted in injuries, you should immediately consult with an experienced West Ashley car accident lawyer.
A West Ashley car accident lawyer knows how to sift through the facts to get to the real cause of your left-turn accident. They will collect any photographs taken of the accident scene or your damaged vehicle, along with police reports and any other documentation that will help build a substantial case.
Seeking the Help of a West Ashley Car Accident Lawyer
The South Carolina car accident 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 car accident 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 West Ashley car accident lawyer for a free information packet and consultation, 1-888-690-0211.
Is an investigation of my motorcycle accident case important?
A prompt investigation is essential due to both the statute of limitations and the insurance company’s need to attempt to prove the motorcyclist at fault so that they may decrease the value of the claim.
Is it necessary to have the contract between the family or victim and the nursing home available to show the attorney?
When you consult with an attorney, it is important that you bring the contract with you for them to review. Additionally, if you have any other contracts with the nursing home, you should bring them as well so that the attorney is fully informed of the legal relationship that was made with the nursing home.
Is my case going to cost more money if I was referred to your law firm by another South Carolina attorney?
No, you will pay the same amount regardless of whether or not you were referred to us. The contingency fee still applies if you have been referred to us so you therefore will not pay any amount if you do not receive an award through settlement or trial. In some instances, two attorneys from different law firms may share the contingency fee, but this does not come at an extra cost to you.
How common is Traumatic Brain Injury (TBI)?
According to the National Center for Injury Prevention and Control, it is estimated that around 1.4 million people receive traumatic
brain injuries every year. In regards to children under 14 years of age, traumatic brain injuries are the cause of 435,000 trips to the emergency room, 37,000 hospitalizations, and close to 2,700 deaths every year.
If you have experienced a traumatic brain injury as a result of a South Carolina accident, visit our traumatic brain injury information library for resources and articles. If you would like to speak with a personal injury attorney about your accident claim, call us at 843.277.6061 to set up a free consultation appointment.
How do I apply for Social Security benefits in South Carolina?
In South Carolina, you have to apply for Social Security Disability (SSD) or Supplemental Security Income (SSI) benefits by going through the Social Security Administration (SSA). You can apply by telephone, at a Social Security office, or on the Internet.
If you choose to call or visit an office, you will first have to call the SSA at 1-800-772-1213. The operator will then schedule a date and time when the SSA will call you if you would like to apply by phone or schedule an appointment for you at an office if you prefer to apply in person.
Your other option would be to complete the Social Security Disability application online by clicking here. However, this is only for SSD; you cannot apply for SSI using any Internet method.
Although you are not required to hire an attorney to assist you with applying for Social Security benefits, it has been proven that applicants who are represented by an attorney win their benefits more often than those who decide to apply without the help of an attorney. There are South Carolina Social Security Disability attorneys who offer free consultations in order to determine whether or not you have a good chance of receiving benefits. That way, you will not have to waste your time, effort, and money applying if there is only a small chance that you will win benefits.
How do I get a copy of my South Carolina traffic accident report?
If you have been involved in a traffic accident and police arrived at the scene, then you will receive a green form (FR-10) that will need to be completed by the insurance company. Then, you will want to request the accident report so that you and your attorney have a detailed account of what happened in the accident. The law enforcement individual who gave you the green form will complete their investigation and give their report to the Department of Motor Vehicles. You can then request a copy of the accident report from the DMV by completing a Form FR-50 and include payment for the $6.00 fee. The accident report can also be obtained from the investigating officer, such as the South Carolina Highway Patrol. However, if you choose to hire a South Carolina personal injury attorney, they will be able to assist you with getting the traffic accident report while you concentrate on recovering from your injuries.
How do I get a rental vehicle after a South Carolina accident?
If you have rental coverage on your auto policy you can contact the adjuster for your insurance company and they can get you into a rental and seek reimbursement for the costs from the at-fault party’s insurance company. If you do not have rental coverage on your insurance policy, then you need to contact the at-fault party’s insurance company and go through them directly about getting a rental vehicle. This may take a little longer because usually they will want to speak with their insured to confirm the facts about the accident and then contact you about getting you into a rental vehicle while your car is being repaired. If you have any problems, we are certainly willing to assist you in this process as it can be confusing; however, the quickest way to get into a rental vehicle is to contact with the insurance adjuster directly and speak with them about the rental coverage and the property damage only.
How do I know if a loved one is being abused or neglected at a nursing home?
If someone you know is living in a nursing home or assisted living facility and has told you that they have been abused, then you should take note of some signs that would indicate abuse. For example, if there is bruising or scrapes, you should consider reporting the abuse. Your loved one may have been moved in an improper or negligent manner that would cause these injuries. Also take note if they have been treated for falls or any other medical problems, as well as if they are dehydrated.
How do I know if I have been offered a fair settlement for my injuries in an injury claim in South Carolina?
If you have been injured in a car accident in South Carolina, it will be difficult to know if you have been offered a fair settlement for your South Carolina personal injury claim. The insurance company will not necessarily offer you a full and fair settlement amount, particularly if you are handling the negotiations on your own. You cannot count on their offer to be adequate because their goal is to give you as little as possible to resolve the matter, even if that is less than you deserve or would be fair under all of the circumstances.
Personal injury law in South Carolina can be complicated and unless you are experienced in that area, you cannot know for sure if your settlement is truly fair.
Those full circumstances depend on your particular facts as well as general personal injury law principles under South Carolina law. That can be a complicated mix, especially if you do not frequently handle situations like this against an insurance company, who handles claims like yours on a daily basis.
Having a personal injury lawyer on your side may be a great benefit. We can look at the facts of your case, your injuries suffered, and the impact they have had on your life to help you determine whether the settlement you have been offered is fair.
A South Carolina personal injury lawyer can help you to assess the fairness of a settlement by helping you do the following:
With the help of a South Carolina personal injury lawyer to help you through that evaluation process, you can make a more informed decision about whether a particular settlement offer is fair.
Contact Shelly Leeke Law Firm Today.
Before you file a South Carolina personal injury claim, request a copy of our free South Carolina accident guide. When you’re ready to get started on settling your accident claim, contact a South Carolina personal injury attorney for a free information packet and consultation, 1-888-690-0211
How do I report a DUI in South Carolina?
While you may be hesitant to report a DUI because you are not positive that they’re driving under the influence, it is better to be safe than sorry. By reporting a driver, you could be potentially saving a life, considering the fact that many DUI accidents end in either the death of the driver or the death of an innocent citizen. If you do notice that someone is driving erratically, such as swerving or drifting to the side of the road, make sure that you keep your distance from the driver. You do not want to risk getting yourself into an accident while trying to prevent one. From a distance, try to find out the make, model, color, plate number, and plate state of the car. Before notifying the police, you should also make sure you know where you are and where you think the DUI vehicle is going so that you can accurately report the vehicle. Then, call 911 and report the driver, making sure that you give them all of the details that you noticed about the vehicle. Your local South Carolina police department will then hopefully be able to get that driver off of the road and possibly prevent an accident because of your assistance.
How do I stop a debt collector from calling me?
When a debt collector initially contacts you, you should speak with them, regardless of whether or not you think you have debt or can pay it back. After speaking with the collector, if you do not want them to call you back again, send them a letter telling them to end correspondance with you. You should keep a copy of the letter for yourself to keep in your records. When sending the letter, buy a return receipt for it so that you know if and when the letter was received. At this point, the collector will only be able to contact you either to inform you that they won’t call again or to tell you that the creditor intends to file a lawsuit, which they are lawfully allowed to do in order to collect your debt. If the debt collector continues to harass you after they received the letter, then you have the right to file a lawsuit against them. Once you are being represented by an attorney, the debt collector must stop contacting you and can only speak with your attorney about the debt.
If you have been harassed by a debt collector and need legal advice, contact the Shelly Leeke Law Firm today at 843-277-6061.
How does smoking affect my asbestos claim?
While smokers have a higher risk for developing an asbestos-related disease, it does not mean that the likelihood that you will recover money from your claim would be decreased if you are a smoker. If you have mesothelioma, it will not be difficult to prove that the asbestos exposure was the cause of it because smoking does not cause mesothelioma. It is a little more difficult when it comes to lung cancer since smoking does cause this disease; however, asbestos exponentially increases the chance of developing lung cancer, which is why you are still entitled to compensation with your claim. An experienced South Carolina asbestos exposure attorney will be able to research your condition and separate the asbestos exposure from the smoking and get you the compensation that you deserve.
How is it decided who is responsible for a South Carolina traffic accident?
Deciding who is responsible for a South Carolina traffic accident will depend on a number of factors. If you have been injured in an accident in South Carolina and are considering filing a South Carolina personal injury claim, you should speak with an attorney.
In order to hold someone liable for damages related to an accident in South Carolina, it will be necessary to prove that person’s fault. While in some cases it may be obvious, in other circumstances, it may be very complicated.
Typically what constitutes fault for an accident in South Carolina is negligence or carelessness. Even if more than one party contributed to the accident, all parties who are at fault will be responsible for paying some or possibly all of the damages suffered.
Liability is also based on whether the individual had a duty to make sure another party wasn’t injured. There may be circumstances in which an accident in South Carolina was not preventable. It could also be that someone failed to obey a traffic signal or was distracted while driving, such as talking on a cell phone.
When more than one party is at fault, the case can become even more complicated. If an injured party is found partly responsible, the amount of damages received may be decreased by their percentage of fault.
To fully understand responsibility in an accident in South Carolina, it is always best to consult with a personal injury attorney. A South Carolina personal injury attorney will help you with every aspect of your South Carolina personal injury claim so that you stand a better chance at getting a fair and full settlement.
Seeking the Help of a South Carolina Personal Injury Attorney
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 South Carolina personal injury attorney for a free information packet and consultation – 1-888-690-0211.
How large is a tractor trailer?
Tractor trailers weigh up to 80,000 lbs; these are the most common large trucks on the road in the Charleston area. Larger and oversize trucks can weigh more and require special permits. As a comparison, the average passenger car weighs 5,000 lbs.
How long do I have to bring my case against a person who was driving under the influence?
In South Carolina, in most cases, you have three years to file a lawsuit against someone for injuries sustained in an accident when they were driving under the influence. This is known as the statute of limitations.
Drunk driving accident cases may also involve claims against the bars and nightclubs where the person became intoxicated. The statute of limitations for cases against the bar or nightclub is typically three years. However, in some cases, the statute of limitations for filing a lawsuit is less than three years, so you should always consult with an attorney to find out the statute of limitations for your particular case.
How long do I have to file a nursing home abuse claim in South Carolina?
In South Carolina, the Statute of Limitations for a personal injury claim, including a nursing home abuse claim, is three years from the date that your loved one was injured. While this may seem like a long time, it is best to begin your nursing home abuse claim as soon as possible. The longer that you wait to begin your claim, the harder it will be to gather evidence and details that will help to support your case. Often, the initial consultation with a nursing home abuse attorney is free of charge, which means that you have nothing to lose by seeking the advice of an attorney as soon as you can. To speak with a nursing home abuse attorney today, call 843-297-8485.
How long do I have to file my medical malpractice claim? What is the statute of limitations?
In South Carolina, most medical malpractice personal injury lawsuits are generally subject to a three year statute of limitations. However, there may be exceptions depending on the circumstances. For example, the statute of limitations is different for negligence suits against a South Carolina state government agency pursuant to the South Carolina Tort Claims Act (“TCA”) and the federal government pursuant to the Federal Tort Claims Act (“FTCA”). In these cases, a lawsuit must generally be filed within two years, unless certain steps are taken which will extend the time for filing.
It is extremely important to consult with an experienced medical malprac-tice attorney promptly, so that he or she can evaluate the viability of your potential medical malpractice claim and most importantly, the statute of limitations for filing your lawsuit.
How long do I have to report an accident to my employer?
Under South Carolina Law, you must report the accident to your employer within 90 days. Any claim for benefits must be filed with the South Carolina Workers’ Compensation Commission within two years.
For more information on workers’ compensation:
Read Our Article, “What Is Workers’ Compensation?”
Find Out The Steps To Take After An On-The-Job Injury
Contact The Shelly Leeke Law Firm For a FREE Consultation!
How long does a dog bite case typically take to be resolved?
Not all dog bite claims are the same and therefore take different amounts of time to be settled. The more severe the injuries are, along with other aspects of the dog bite case, the more likely it will take longer to resolve. It is possible for some dog bite claims to be settled in as little as a few weeks; on the other hand, it could also last more than a year, depending on the circumstances. That is why it is important to contact an attorney immediately so that you can begin your dog bite claim while receiving treatment for your dog bit injuries.
How long does it usually take to resolve a South Carolina dog bite claim?
There is not a particular set length of time for a dog bite claim to be resolved in South 
Carolina. The extent of the injuries sustained from a dog bite varies, as does the length of time it will take for the case to be settled. While it is possible for some South Carolina dog bite claims to be settled in a few weeks, the more severe the injury, the longer it will take to be resolved. However, you should not feel discouraged by the thought of filing a claim that could take up to a year to resolve. You deserve justice for your personal injury and the best way to do that is through a South Carolina dog bite claim.
How long to I have to sue for my asbestos exposure?
In South Carolina, the statute of limitations for a personal injury case is three years. While most people would assume that you would
have three years from the date of exposure to asbestos, mesothelioma and asbestos-related cancers can take decades to develop. so this is not the case. For asbestos exposure lawsuits in South Carolina, you have three years from the date you were diagnosed with mesothelioma or an asbestos-related cancer to file a claim.
If a loved one has died of an asbestos-related cancer or mesothelioma, then you would have three years from the day they died to file a wrongful death claim. The compensation available through a South Carolina wrongful death claim will help to cover expenses related to the asbestos exposure and your loved one’s death.
How long will it take to settle my nursing home abuse claim?
Unfortunately, there is not a set amount of time that a nursing home abuse claim will take before it is settled. The amount of time that your nursing home abuse case will take is dependent 
upon the specific characteristics of your case. If your case is more complicated and involves more severe injuries, then it is likely that it will take a longer amount of time to settle. If your loved one is still receiving medical treatment for their injuries, then the settlement process cannot begin. Once they are done receiving treatment, then your nursing home abuse will start to be settled. For a more in-depth explanation of how the settlement process works for a nursing home abuse case, contact a South Carolina nursing home abuse attorney today at 1-888-690-0211.
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.
How many people are injured or killed in the United States in motorcycle accidents?
Studies show that nearly 80 percent of all motorcycle accidents in the United States have an outcome of injury or death. This includes around 2,000 motorcyclists with accident related deaths and around 50,000 injured.
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.
How much does Workers’ Compensation pay?
Once you start receiving compensation, you will get 66 2/3 percent of your average weekly wage that you were earning four quarters before your injury. However, you will not be able to receive more than the average weekly wage. Prior to the accident, if you were employed by more than one company, then you are entitled to receive compensation for the wages from your other jobs as well. The 66 2/3% is of your average weekly wage will include the total earnings that you make during a typical week prior to your injury.
How should I deal with insurance adjusters?
In order to recover damages after being injured in an accident in South Carolina you will have to file a South Carolina personal injury claim. As part of the South Carolina personal injury claim process, you will be contacted by insurance adjusters-this is done with every party involved in the accident.
Speaking with insurance adjusters can be nerve wracking. After all, they are the on-the-ground representation, or “foot-soldiers,” of the insurance industry. It’s their job to make sure their insurance company pays as little as possible.
Learning how to deal with insurance adjusters can make or break your South Carolina personal injury claim. For example, if an insurance adjuster asks you to make a recorded statement after your accident in South Carolina, do not do so without speaking to a qualified attorney first.
Most importantly, be organized and professional when dealing with insurance adjusters. Get their contact information, and company they work for. Find out if the insurance adjuster knows of any witnesses and do your best to describe your injuries in only general terms-let the doctors go into the details.
It’s likely that all the insurance adjusters you speak to will be very personable and chatty, in an effort to encourage you to be the same and divulge information after being in a South Carolina car accident. When they contact you after you have filed your South Carolina personal injury claim, keep the conversation friendly but stick to the facts of the case.
If you sustained any injuries in the accident in South Carolina, even if they seemed relatively minor at the time, make sure to contact a Charleston personal injury attorney to protect yourself from being taken advantage of by insurance adjusters.
Seeking the Help of a Charleston Personal Injury Attorney
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 Charleston personal injury attorney for a free information packet and consultation, 1-888-690-0211.
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 did not carry insurance on my motorcycle. Can I still sue the driver who hit me?
Yes. Although it is recommended that you retain insurance at all times, lack of insurance on your motorcycle will not hinder your claim against the driver at fault.
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.
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.
Can I settle my personal injury case on my own without a Charleston personal injury attorney?
If you have been injured in an accident in South Carolina, then there are a few instances in which you may not need to hire a Charleston personal injury attorney.
The instances in which you may not need an attorney include:
If, on the other hand, you were seriously injured in an accident in South Carolina, and you have suffered extensive property damage, then you may want to get the help of an experienced Charleston personal injury attorney. An experienced attorney can investigate your case and evaluate the value of the damages that you have incurred.
A Charleston personal injury attorney can explain all of your legal options for seeking compensation, help determine liability and work with you throughout the claims process.
Contacting a Charleston Personal Injury Attorney
South Carolina residents can take comfort knowing that the attorneys at the Shelly Leeke Law Firm are there to help them settle their personal injury claims. Our firm’s focus on personal injury cases includes injury from auto accidents, including pedestrian and bicycle injuries, work-related injuries and worker’s compensation claims, and injuries resulting from dangerous prescription drugs.
Before you file a South Carolina personal injury claim, request a copy of our complimentary consumer guide, The South Carolina Accident Book for Personal Injury Victims. When you’re ready to get started on settling your accident claim, contact a Charleston personal injury attorney for a complimentary information packet and consultation – 888-690-0211.
Can I speak with the insurance adjuster about my South Carolina property damage?
Yes. When we initially accept your case, we send a letter to both your insurance company and the insurance company of the at-fault driver letting them know that while it is okay to speak with you directly about your property damage, it is not okay to discuss your injuries or any facts about the accident. So, if you are contacted by an insurance company adjuster about your property damage, it is okay to speak with them. However, do not give a recorded statement or sign any forms without speaking with us first.
Can I still file a personal injury claim if I was hit while crossing outside of a crosswalk?
Even though you may have been crossing the street outside of a crosswalk, you can still file a South Carolina personal injury claim. 
South Carolina does have laws that relate to pedestrians walking outside of a crosswalk; however, this type of case would be harder for you to win on your own. The insurance adjuster will likely try to discredit your claim, citing the fact that you were not in a crosswalk, but an experienced injury attorney who is familiar with South Carolina pedestrian laws, will help you to win compensation for your SC pedestrian accident.
Can my child, who is disabled, apply for social security benefits?
Yes, if your child is disabled, they may be entitled to receive Supplemental Security Income (SSI), as opposed to Social Security Disability (SSD). The Social Security Administration has set income and resource limits that you, as the 
parent or guardian of a disabled child, must meet in order to be eligible to apply for SSI. In addition to these guidelines, your child must meet the medical requirements in order to be qualified to receive SSI. This requires that you have a disability interview with the Social Security Administration where you will provide and any all information about your child’s medical history. If the Social Security Administration determines that your child is eligible for disability, they will set up an interview to ensure that you still meet the income and resource limits, and then your child will receive benefits.
If you have questions on how to apply for Supplemental Security Income for children, contact South Carolina Social Security Disability attorney Shelly Leeke today at 1-888-690-0211!
Could there be asbestos in my child’s school in South Carolina?
Depending on how old the South Carolina school is, it is possible that asbestos was used in the building. Asbestos was commonly 
used as insulation to wrap around pipes and it was also used in ceiling tiles and wallboard. This type of asbestos, called friable asbestos, can be especially harmful because it can be inhaled in the lungs. If you are concerned that there might be asbestos in your child’s school, then it is recommended that you speak with someone from the school about your concern. If your child is showing symptoms of asbestos exposure, then be sure to take them to the doctor immediately and then consult with an attorney regarding a South Carolina asbestos claim.
Do I have a case for my South Carolina accident?
If you were injured in a wreck in South Carolina and the accident was not your fault, you may be entitled to recover from the other driver for the damage to your vehicle, your medical bills, lost wages and pain and suffering. In South Carolina, you recover to the extent that you were not at fault for the accident. However, if you were more than 50% at fault, then you will not be able to recover anything. It is always best to seek the advice of an accident attorney to evaluate your case and let you know the likelihood of recovering from the insurance company for your case. Each case is different and it is nearly impossible to know exactly how much your case is worth, but an experienced South Carolina car wreck attorney can advise you and guide you in evaluating your injury case.
The Shelly Leeke Law Firm provides complimentary case evaluations. Call our South Carolina personal injury law firm today to set up an appointment!
Do I have a medical malpractice claim?
In South Carolina, the following must be proven in order to obtain a successful outcome in a medical malpractice claim:
If you feel you have been a victim of medical malpractice and have questions, please contact our office at 843-277-6061 or 1-888-690-0211.
Do I have grounds for a personal injury claim in South Carolina if my car suffered extensive damage but I wasn’t injured beyond a few aches and pains that went away after a few days?
If your car suffered extensive damage but you weren’t injured beyond a few aches and pains that went away after a few days, you won’t have grounds for a personal injury claim in South Carolina.
A personal injury claim is reserved for those types of instances when an individual sustains serious bodily injuries that require medical intervention. A South Carolina personal injury claim is designed to help the injured person be compensated for medical expenses as they relate to care and treatment of injuries.
When it comes to property damage, this is generally something that can be easily settled on your own with the insurance company. The only time it gets really complicated and requires the help of an attorney is when there are injuries involved.
Of course you should be wary of any attorney who is willing to take on a case where you have suffered just property damage. An ethical attorney won’t accept such a case.
However, if you have been injured as a result of someone else’s negligence and you are facing expensive medical care and treatment, you may have grounds for a personal injury claim in South Carolina.
A Charleston car accident lawyer can examine the facts in your case, along with the severity of your injuries to determine if you should proceed with filing a South Carolina personal injury claim. A Charleston car accident lawyer will also help you collect the necessary evidence that will help to build a solid case.
Seeking the Help of a Charleston Car Accident 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 such as 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 Charleston car accident lawyer for a free information packet and consultation, 1-888-690-0211.
Do I need a lawyer for my workers’ compensation claim?
You do not have to hire a lawyer to file for workers’ compensation. However, since most initial consultations with lawyers are free, you should at least consult with an experienced South Carolina workers’ compensation attorney about the details of your case to be sure you will be able to handle your case on your own.
For more information on workers’ compensation claims:
Contact The Shelly Leeke Law Firm Today!
View Our Article, “What Is Workers’ Compensation?”
Find Out The Steps To Take After an On-The-Job Injury
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.
Do I need an attorney for my South Carolina truck accident claim?
There are a number of factors that will determine if you need an attorney for your South Carolina truck accident claim or if you should handle it on your own. It’s important to understand that while many individuals think they will save money by avoiding attorney’s fees, you may actually be preventing yourself from receiving the fair compensation that you deserve.
Benefits of an Attorney for a South Carolina Truck Accident Claim
A North Charleston personal injury attorney has some of the following advantages when it comes to handling your truck accident claim, including:
There are many intricacies to a South Carolina truck accident claim. A North Charleston personal injury attorney knows what evidence is necessary to prove that a truck driver or trucking company was negligent. Just because you have been injured in a truck accident does not necessarily mean you are entitled to receive compensation and the insurance companies are prepared to fight you every step of the way.
Most importantly, a North Charleston personal injury attorney will work hard to help you receive the full and fair compensation to which you are entitled. Contact a North Charleston personal injury attorney today to discuss your South Carolina truck accident claim.
Seeking the Help of a North Charleston Personal Injury Attorney
The North Charleston 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 truck accident 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.
Do I need to file a lawsuit if my family member has been abused?
You may or may not need to file a lawsuit- it is dependent upon the details of your specific case. That is why it is important to take advantage of a free consultation with an experienced South Carolina nursing home lawyer who will be able to evaluate and assist you with your case and determine whether or not you need to file a lawsuit.
Does a person need to be found guilty on a criminal charge for me to file for wrongful death?
No, a person does not need to be found guilty on a criminal charge for you to file and receive wrongful death compensation. Wrongful death is a civil action, which is a separate type of lawsuit. Criminal charges are not necessary for a civil lawsuit to be filed against the person responsible for the death of a loved one.
For more information on wrongful death cases:
Visit The Wrongful Death Article Library
Order One of The Shelly Leeke Law Firm’s Free Reports!
Contact The Shelly Leeke Law Firm For a FREE Consultation!
How common is a TBI?
The Center for Disease Control (CDC) estimates that 1.7 million people suffer a Traumatic Brain Injury (TBI) annually. TBI accounts for almost a third of all injury-related deaths in the United States.
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.
Am I required to undergo a medical examination requested by my insurance company if I was injured in a South Carolina accident that wasn’t my fault?
After being involved in a South Carolina car accident it’s highly likely that no matter your role in causing the accident you will be requested by an insurance company to submit to an independent medical exam, or IME. Unfortunately, insurance companies are usually contractually able to demand Independent Medical Exams, but there are things you can do to protect your car accident claim, even when you must undergo an IME.
After being in a South Carolina car accident, it can be nerve racking to receive the official request for an independent medical exam. For one, despite “independent’ being in the name, it’s clear that the insurance company will do everything in their power to benefit from the results of the independent medical exam.
It’s reasonable to be concerned, and to see the medical examiners as agents for the insurance company that will potentially limit your reward or even completely dismiss your claim. The complexity of medical science leaves plenty of opportunities for an insurance company to limit their losses after an Independent Medical Exam.
Since IMEs are rapidly becoming standard procedure after South Carolina car accidents, you will want to contact a qualified Charleston car accident attorney immediately after an accident to protect your rights and make sure your claim is not unfairly dismissed.
To protect your claim, your Charleston car accident attorney may:
While an IME can be a tough experience, as long as you are prepared and working with a qualified Charleston car accident attorney, there is really very little to worry about.
Seeking the Help of a Charleston Car Accident Attorney
The South Carolina car accident attorney team at the Shelly Leeke Law Firm is available to help accident victims cope with the legal implications of everything an insurance company will do to try to limit your claim. 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 Charleston car accident attorney for a free information packet and consultation, 1-888-690-0211.
An unidentified car cut me off, and caused my cycle to veer off the road. Do I have a case through my uninsured motorist policy?
Yes. If a crash is caused by an unidentified vehicle, your own uninsured motorist policy will allow you to file a claim for your injuries.
Are debt collectors allowed to call other people about my debt?
Yes, the debt collector can call people who may know you, but they can only ask them about your address, phone number, and where you work; they are not permitted to talk about your debt or call the person multiple times. If you choose to have an attorney represent you about your debt, the collector is required to contact your attorney about the debt, rather than speak with you.
If you need an attorney to assist you with stopping debt collector harassment, contact the Shelly Leeke Law Firm today at 843-277-6061.
Are motorcycles really more dangerous than cars?
As with all vehicles, you are assuming a risk while driving. Research shows that injuries occur in 80% of reported motorcycle crashes. Only 20% of people involved in car wrecks report injuries. It has also been reported that a motorcyclist is 26 times more likely to be injured or killed in an accident that involves a motorcycle and a car. 
One of the reasons why, statistically, motorcyclists are more dangerous than cars, is because of the size of motorcycles. When checking the roadways for clear traffic, they are easier for other drivers to miss because they are not as big as cars. The typical driver’s eyes are trained to look for cars on the road, therefore making them prone to not seeing motorcycles. Also, a motorcycle’s small size often fits perfectly in drivers’ blind spots.
Another reason why a motorcycle is more dangerous than a car is that driving it is more complex and requires balance, whereas a car is simpler and does not require balance. The fact that a motorcycle has two wheels makes it less stable and more likely to become out of control in an accident than a car with its four wheels.
The last reason why motorcycles can be more dangerous than cars is that they are more vulnerable to dangers in the road, such as potholes, puddles, and debris. The instability of the two wheels can cause a simple swerve to miss an object in the road into a serious accident.
By using safety measures such as wearing a helmet while riding a motorcycle, you can greatly decrease the likelihood of being involved in a crash or suffering serious or deadly injuries. If you have been injured in a South Carolina motorcycle accident that was not your fault, consider contacting us today. Set up an appointment with our experienced South Carolina motorcycle accident attorney, Shelly Leeke, today by calling 843.277.6061.
Are there rules governing how long a Tractor Trailer or 18-wheeler truck driver can be behind the wheel before he has to stop for a break or to rest?
Yes, drivers of tractor trailers, 18-wheelers, large buses, and other large trucks must abide by the Hours of Service (HOS) regulations. These vary depending on the size of vehicle and type of cargo. For example, a driver of a commercial bus carrying 20 passengers is allowed to drive a maximum of 10 hours after 8 hours of rest.
Are you required to wear a helmet while riding a motorcycle in SC?
In South Carolina only people under the age of 21 are required to wear helmets; however, research shows that helmets help prevent injury and many people voluntarily wear them while on their motorcycles. In 2008 Myrtle, Beach South Carolina passed its own helmet law, which was ruled invalid by the South Carolina Supreme Court in June 2010.
Can a debt collector call me at any time of the day?
Debt collectors are not permitted to call you at any time that would be inconvenient for you; for example, they cannot call you before 8:00 am or after 9:00 pm unless you tell them that it would be alright to call during these times. Moreover, if you tell them not to do so, debt collectors are not allowed to call you while you are at work.
If a debt collector has violated any of the above regulations, contact the Shelly Leeke Law Firm today for a FREE consultation at 843-277-6061!
Can an insurer use information from my Facebook profile to diminish or devalue my South Carolina personal injury claim?
Insurers can use information from your Facebook or other social media profiles in an attempt to diminish or devalue your South Carolina personal injury claim. When you comment or post photos on Facebook, this information may be considered public and could be used against you during your South Carolina personal injury claim case.
The insurance company’s goal is to save as much money as they can by proving that your injuries are not serious as you have claimed and have not negatively impacted your life. If you post comments on Facebook or social media sites about going on vacation or attending a party, the insurer may argue that you are not as injured as you say you are in your South Carolina personal injury claim. Even an innocent comment can be taken out of context, so you should exercise extreme caution on Facebook and other social media websites.
Discussing your South Carolina personal injury claim on Facebook should be off limits. Your personal injury attorney is the only person with whom you should discuss your case. Just remember that you shouldn’t post anything on Facebook or social media sites that you wouldn’t be comfortable discussing with the insurance company or defense.
Contacting a Charleston Personal Injury Lawyer
Learning how to use Facebook and social media during a South Carolina personal injury claim can be tricky. Fortunately, 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 Charleston personal injury attorney for a free information packet and consultation
