FAQs

After an accident occurs or an injury is suffered, you may feel lost and confused. Few people who have suffered an accident or incurred an injury have an extensive background in this area. Without this knowledge, they are left wondering how best to proceed in order to protect their legal rights. Fortunately, we are here to provide you with the answers that you are looking for. Check out our many frequently asked questions and their accompanying answers for more information.

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:

spouse of the deceased;
child or children of the deceased;
parents of the deceased (if no spouse or children); and
heirs of the estate.

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:
the police report;
pictures from the accident;
witness statements;
expert testimony; and
other documentation.

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 is the difference between SSD and SSI?

What is the difference between the person that files a wrongful death claim and the beneficiaries in South Carolina?

What is the Fair Debt Collection Practices Act?

What is the formula for determining what a fair settlement will be for my South Carolina car accident case?

What is the most common cause of tractor trailer accidents?

What is the Omnibus Adult Protection Act?

What is the statute of limitations for filing a lawsuit for an accident in South Carolina?

What is Underinsured Motorist Coverage or UIM?

What compensation can I receive for my slip and fall accident?

What constitutes as “neglect” in a nursing home setting?

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