Honest Answers From Your South Carolina Lawyer
When you’re faced with a major life event, you’re filled with questions and uncertainty. Get the straight answers you’re looking for from a South Carolina attorney.
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How long do you have to file a wrongful death lawsuit for a fatal accident in South Carolina?
It depends on who caused the death, which I’ll explain more below. But first things first: if you miss the legal deadline, you lose your rights to be compensated for the fatal accident—whether it’s a South Carolina wrongful death case or a survival action.
The safest, best thing for any grieving family to do in this situation is to get some guidance from an experienced attorney. Our Spartanburg wrongful death attorneys are here to answer your questions and help you protect your rights, and we won’t pressure you to hire us. You’ve already got more than you deserve to handle. We’re here to lighten your load. You can contact us the easiest way for you: start a live chat, fill out a Get Help Now form, or call toll-free at 888-230-1841.
Why the Deadlines Are a Looming Threat Hovering Over Your Head
Determining what deadline applies can be complicated. It often depends on the type of fatal accident involved and who it was that hurt you. Sometimes it’s hard to figure out precisely when the accident occurred—making it extremely hard to pinpoint when the deadline started to run. We see this in medical malpractice cases when victims aren’t sure exactly what medical mistake created the fatal accident and don’t know which doctor, nurse, or facility should be held responsible.
And this brings out another potential complication: if the case involves more than one party, different legal deadlines may apply.
Having said that, here’s some very basic information about the South Carolina legal deadline to file wrongful death lawsuits.
But before we get there, hear this WARNING: NEVER, EVER ASSUME A DEADLINE APPLIES TO YOUR CASE. It’s the most critical thing in your case to get it filed on time. There’s no easy way around doing the right thing here. You need to verify how long you’ve got by finding a South Carolina wrongful death attorney you trust. Because this question is so critical, don’t be surprised if the answer requires some legal research first.
South Carolina Statute of Limitation for Wrongful Death Cases and How to Avoid Losing Your Rights
The official name of South Carolina’s legal deadline to file a wrongful death case is the “statute of limitations.” “Statute” just means “written law passed by the legislature.” It’s in a law book, in black and white, and if you violate it, your case is over before it starts.
How to Beat the Deadline
You’ve got to do two vital things to preserve your family’s rights to a wrongful death settlement:
- Get a personal representative appointed for the estate. This person officially represents the estate in the case. It requires an appointment by a probate court order. If the victim has a will, it likely names a personal representative. That can help the probate court jumpstart the appointment process. Without a personal representative (PR), you can’t bring a case, a lawsuit can’t be filed, and a wrongful death attorney has no client—that’s why we’ll help you set up an estate if needed.
- File a lawsuit before the statute of limitations expires.
How the Statute of Limitations Works for Different At-Fault Parties
Generally, how long you have to file a lawsuit for a wrongful death case in South Carolina depends on how the law defines a wrongdoer:
- Private [non-government-affiliated] parties. Usually three years from the accident. This includes private citizens, like most at-fault drivers in car or motorcycle accident cases. It also includes private companies, like trucking companies or other businesses. But sometimes, a business you think is private is actually government-affiliated, which can drastically reduce the statute of limitations, putting you on a tighter deadline to enforce your rights.
- Government-affiliated parties. Usually two years from the accident. This includes state, county, and local agencies like the police or the Department of Transportation. WARNING: Many entities that seem private are legally deemed government-affiliated. A key example is hospitals. Many county hospitals are actually legally affiliated with the government, giving them a shorter statute of limitations.
There’s Too Much at Stake. Don’t Risk Losing it. Take Action for Your Family.
You never wanted this, and you certainly didn’t ask for it. But you’ve been called to get justice for your family and help them recover a wrongful death settlement that can provide desperately needed financial aid.
You’ve taken the first brave, bold step to find out about your rights. Get these questions answered before it’s too late, starting with knowing when it’s too late.
We are Spartanburg, South Carolina wrongful death attorneys who help grieving families in cases involving fatal accidents. We’ve seen the agony and uncertainty these cases create. Even if you don’t hire us or aren’t ready to yet, we won’t pressure you. We’ll just answer your questions and give you some free pointers to light your way.
To do that, we’ll make it free and easy: just call toll-free at 888-230-1841 or fill out a Get Help Now form. If you’re wondering what it’s like to work with us, check out the reviews on an attorney website we don’t own and Google.
Can I get a motorcycle accident settlement in South Carolina if the at-fault driver had no insurance, or if I’m the victim of a hit-and-run?
Yes. But here’s a warning for hit-and-run victims: you’ve got to satisfy some extra legal requirements set by South Carolina law.
Here’s where your settlement comes from, which may surprise you. South Carolina mandates all motorcycle insurance policies contain coverage called uninsured motorist coverage, or UM. UM pays settlements when you’re hit by a driver without insurance or a hit-and-run driver.
Before you get excited thinking you’re home free because you’re dealing with your own insurance you paid for, here’s a shocker.
The Shocking Truth About South Carolina Motorcycle UM Claims
Your own insurance turns against you. It doesn’t matter you’ve paid thousands in premiums over the years, or that you’re a loyal customer. In the world turned upside down of accident injury cases, this is a situation where it seems the customer is always wrong.
You’ll be faced with an adjuster trained to get the insurance company out cheap and quick, even if it means they're cheating their own customer. Due to prejudice against riders and many other good reasons, you need an experienced motorcycle accident attorney’s advice.
Don’t risk torpedoing your case. We’re Spartanburg South Carolina motorcycle accident attorneys, and we’re here to help you. Get your questions answered with no pressure to hire us. You can contact us with a live chat, fill out a Get Help Now form, or call toll-free at 888-230-1841.
Find out how these cases work by downloading our FREE BOOK on crash cases, which we offer as a service to you.
Good News! You May Have More to Lose Than You Think
The best thing about UM is, you might be able to increase your settlement with money from UM policies on other vehicles in your household. You’re not limited to coverage on just your motorcycle—it can be other motorcycles, cars, or trucks. This is a complex legal tactic called stacking. And as you have already seen, your insurance company is not going to help you with this.
You need a skilled motorcycle accident lawyer to analyze your policies to protect your rights to maximum coverage and help you obtain full compensation for your injuries.
If you’ve been seriously hurt by a hit-and-run driver or a driver with no insurance, you’re already double-victimized. Don’t set yourself up to be triple-victimized by your own insurance company.
It won’t cost you a thing to get your questions answered by us. Call toll-free at 888-230-1841 or fill out a Get Help Now form to get started. You can also schedule a FREE, EASY strategy session where we won’t pressure you to hire us.
What can I do if the at-fault driver doesn’t have enough insurance to cover my South Carolina motorcycle accident injuries?
If you’ve been wise or you’re lucky to have a great insurance agent, you can use your OWN policy to cover your South Carolina motorcycle accident, if you need to.
In helping motorcycle accident victims recover from serious crashes over the years, we’ve seen three sad facts too many times:
- South Carolina only requires drivers to carry a minimum of $25,000 in liability insurance. That’s the coverage used to help innocent victims hurt in crashes. But that doesn’t even scratch the surface for serious motorcycle injuries like broken bones, surgery, or brain injuries.
- Most at-fault drivers don’t have assets to pay for the damage they’ve done if they don’t have enough insurance to cover it.
- That leaves innocent victims holding the bag.
To find out what coverage you’ve got, or to get your questions answered about your case, call the Spartanburg, South Carolina motorcycle accident attorneys here at 888-230-1841.
How Your Own Policy Can Rescue You—If You’ve Got the Right Coverage
The coverage you need is called underinsurance, or UIM. UIM is designed to help victims get a better settlement when the at-fault driver doesn’t have enough liability insurance.
It gets better: In the right situation, you can actually ADD ON MORE COVERAGE from other vehicles in your household through a legal tactic called “stacking.” And it doesn’t matter what type of vehicle it is, as long as it has UIM on it. It can be a motorcycle, a car, or a truck.
To answer questions folks have—and should have but don’t know to ask—download our FREE BOOK on crash cases, which we designed to help victims of South Carolina car and motorcycle accidents.
UIM Can Be Crucial in Your Motorcycle Accident Settlement, and the Law Requires Your Agent to Offer it Properly
To show how vital UIM is in protecting you and your family, read some real-life stories from our own clients:
- UIM provides desperately needed financial aid to motorcycle brain injury victim
- Car accident settlement involving a drunk driver
South Carolina law recognizes the importance of UIM in protecting accident victims. It requires your agent to offer you UIM in a specific way. If he didn’t, you could get the coverage legally imposed on your policy to help your accident claim. But spotting whether it got offered the right way requires a keen legal mind with experience in car and motorcycle insurance coverage cases.
If you’ve got concerns about UIM coverage in your South Carolina motorcycle accident case, you need an experienced legal professional. You can call toll free at 888-230-1841, fill out a Get Help Now form, or contact us with a live chat.
FREE POINTER: If you review your policy and find you have no UIM, do two things, RIGHT NOW, to protect yourself:
- Call your agent to get the coverage.
- When you talk to your agent, increase your liability limits so you can get the most UIM possible, since you can’t have more UIM coverage than liability coverage. You will probably be shocked to find out how cheap UIM coverage is—but if you need it, it’s worth its weight in gold.
Now we’ve covered the good news, there’s one thing you need to know, and you won’t like it.
Just Because You Use Your Own Policy Doesn’t Mean Your Case Is Sunshine and Roses
Here’s the biggest shock for folks who need UIM: When you make a UIM claim, your own insurance company turns against you. Let that sink in.
That’s right—after all that money you paid in premiums, your own insurance company defends the at-fault driver like their own.
All because your insurance company wants to keep its money from you, no matter how bad you need it, or that you paid them for the service. Because insurance companies can be harshly prejudiced against riders, it's critical for you to get some legal adivce before dealig with them, so you don't risk killing your case.
You’ve Got a Lot to Lose—Get Help Now
If you’re worried about the at-fault driver’s insurance limits or using your own policy to pay for your injuries, you already know you’ve got a high stakes case. Insurance company adjusters will do everything to cheat you.
And now you know that includes your own insurance company.
As Spartanburg, South Carolina motorcycle accident attorneys, we’re here to answer your questions and protect your rights. Do it the easiest way for you: You can call toll-free at 888-230-1841, fill out a Get Help Now form, or contact us with a live chat. Schedule a FREE, EASY strategy session where we won’t pressure you to hire us.
How will the insurance company contact me after a South Carolina motorcycle accident? Should I talk to the insurance claims adjuster or talk to an attorney first?
The insurance company contacts you through its claim adjuster, who may also go by the names claims specialist, claims rep, or claims handler. The adjuster usually works for the liability insurance company of the at-fault driver who hurt you. Strangely, if the at-fault driver had no insurance or didn’t have enough, but you have special coverage on your policy, the adjuster actually works for your insurance company.
Every adjuster is a highly trained professional with one job—get the insurance company out of your claim fast and cheap. The adjuster may be friendly, but he’s not your friend. Deal with him at your own peril.
Our experience in South Carolina motorcycle accident cases leads us to tell you there is one question you should REALLY be asking.
When Do I Need an Attorney for a South Carolina Motorcycle Accident?
At Holland & Usry, we don’t use high-pressure sales tactics, and we’re honest. Our honest advice for a motorcycle accident victim is to get some legal advice BEFORE you speak with the adjuster.
Here’s why: You’ve got to overcome unjustified biker bias. That’s the prejudice against riders that non-riders have. They presume you’re a rowdy risk-taker—an outlaw with no regard for the rules of the road. Insurance companies capitalize on it. The adjuster will work to lay a trap for you. Walking in unaware can doom your claim.
We can help you avoid these pitfalls, even if you don’t hire us or you have the rare motorcycle accident case you can handle on your own. If you are better off not paying an attorney to help you, we’ll tell you.
Information Is Power, and We’re Here to Give it to You
The adjuster’s power over you is based on one thing—he knows more about these cases than you. You need information when you’re dealing with an experienced adjuster who may have handled thousands of claims and is talented at cheating motorcycle accident victims like you. Talking to an experienced South Carolina motorcycle accident lawyer will only cost you a little time, but the reward could be peace of mind—which is priceless.
If you don’t think getting a little legal advice before talking to an adjuster is a good idea, check out this video from a car accident client who states the insurance company’s arguments against paying his wife’s settlement blew his mind—and he’s an insurance agent! Be sure to take a look at the fight adjusters can put up when you tell them you’re considering an attorney.
At Holland & Usry, instead of cheesy commercials or single-digit phone numbers, we offer South Carolina accident injury victims empowerment through education. For you, that might start with downloading our FREE BOOK on crash cases, which we wrote to answer questions victims often ask, plus the questions they SHOULD ask.
We make getting in touch with us easy: you can just call toll-free at 888-230-1841 or fill out a Get Help Now form. Feel free to schedule a FREE, EASY strategy session to get your questions answered and get you pointed in the right direction before you deal with an adjuster.
Does South Carolina limit or cap how much punitive damages I can get for an accident case? If so, what’s the limit?
South Carolina law does limit punitive damages in accident cases, but there are exceptions you need to know.
South Carolina Punitive Damage Award Limits for Most Cases
For most accident cases, South Carolina limits punitive damage awards to the greater of three times the actual damages or $500,000. So, if you get $100,000 in actual damages, the most you can get in punitive damages is $500,000. If you get $200,000 in actual damages, the most punitive damages you can get is $600,000—three times the actual damages of $200,000.
The jury isn’t told about this limit. I’m about to tell you why.
Punitive damages can have a real impact on the outcome of your case. Our Spartanburg injury lawyers can increase the odds of a successful outcome, call us at (864) 582-0416 to discuss your situation or provide your information through a form on our site.
Exceptions to Increase the Limit
If the jury comes back with a punitive damages award higher than the limit, the judge can increase the limit to the greater of four times actual damages or $2,000,000, if the judge determines:
- The defendant’s wrongful conduct was motived primarily by greed, and the defendant acted unreasonably dangerous with a high likelihood of injury resulting from it, with the knowledge or approval of high-ranking employees or supervisors, or
- The defendant could be subjected to a felony conviction for the act or conduct that caused the accident.
In this scenario, if the jury awarded $1 million in actual damages and $10 million in punitive damages, the judge could allow $4 million in punitive damages—four times the actual damages of $1 million. If the jury gave $100,000 in actual damages and $5 million in punitive damages, the judge could allow $2 million in punitive damages.
Exceptions That Eliminate the Limit
If the trial judge determines one of the following occurred, there is no limit on punitive damages:
- The accident occurred because the defendant was under the influence of alcohol or drugs. This is often the most likely exception, usually due to a drunk driver who causes a car accident, which might result in a dram shop action or lawsuit against any bars or restaurants we can prove overserved the DUI driver.
- The defendant intended to harm you. Warning: This usually gets cases excluded from insurance coverage, which pays most settlements. You’ve got to be extremely cautious in most cases to avoid this since most defendants can’t pay from their own pockets. You don’t want to hit a grand slam but break your back in the process.
- The defendant was convicted of a felony for the act or conduct that hurt you.
Cases Where Punitive Damages Are Unavailable
South Carolina law shields some defendants from punitive damages, no matter what. In these cases, actual damages are also limited. So, the law’s against you, and these entities also have insurance companies to make it worse on you—working to grind down the settlement you can get.
The lucky defendants who get a free pass for recklessness include:
- Government offices. This includes car accidents caused by city, county, or state employees while driving government vehicles (including the police) or falls at public buildings owned by cities, counties, or states. It also includes public schools. And here’s a shocker. The definition of “government entity” is so broad it includes agencies you might never think—like some hospitals.
- Charities. Again, the law is very broad, defining “charity” as any tax-exempt organization. That includes most charities, but also churches.
While these organizations are largely good and necessary, all these laws really do is protect their insurance companies from paying what they should to innocent victims. That includes government offices—generally, taxpayers don’t foot the bill for accident and injury settlements. As we all know, the government and even the best charity are run by people, and people sometimes ignore safety, causing life-changing injuries or even wrongful death. These groups shouldn’t be any less responsible, but this is a situation where the law is what it is.
Punitive Damages Are Complicated. Get Professional Help to Build Your Case.
If you’ve got a case potentially involving punitive damages in South Carolina, here’s our three-step process to evaluate it:
- We customize your case to determine whether it fits the legal purpose of punitive damages.
- We analyze fault to determine if we can prove whether it rises to the level of “recklessness” required to get punitive damages.
- To estimate the potential punitive damages value, if we evaluate your case under the microscope of the 12 factors South Carolina law gives for setting the amount of punitive damages.
Whether your case involves punitive damages or not, our goal is to always maximize the value if we both decide you and your case are the right fit for us. To get started on that, call toll-free at 888-230-1841 or fill out a Get Help Now form or you can schedule a FREE, EASY strategy session. Also, if you’re wondering what it’s like to work with us, look no further: go to these websites we don’t own—an attorney review website and Google +.
Can you sue a business if you get hurt in an accident caused by a company driver or an employee driving his employer’s car or truck?
Yes, if the at-fault driver was driving for work. It’s based on the ancient legal doctrine of “respondeat superior,” which holds employers liable, or legally responsible, for the acts of employees. The reason behind it is, if an employee hurts someone on the job, the employer is more likely to be financially capable of bearing the responsibility to pay a settlement.
Today, car, motorcycle, and tractor-trailer accident settlements come from insurance. But the truth of respondeat superior remains: businesses with company vehicles often have enormous amounts of insurance to pay settlements.
However, they aren’t going to give it away—even if you were badly hurt. (Keep reading to find out why!) You also need to look out for whether the employer is actually directly responsible for your injuries.
The Employer May Be Directly Responsible for Your Injuries
If you’re seriously hurt by a company car, semi-truck, delivery van, or any other company vehicle, you need every avenue of potential fault explored. And your case may allow you to hold the employer directly liable for carelessness in managing its employees or equipment.
We see this a lot in our trucking cases. Trucking companies can be legally responsible for tractor-trailer accidents caused by violations of federal safety regulations, like allowing or forcing truckers to drive excessively long hours or failing to require proper pre-trip inspections. Proving violations caused the crash can be vital to your case, as it can lead to punitive damages.
But any employer can be held liable for careless training or supervision of employees who drive. That includes giving a company vehicle to an incompetent or dangerous driver.
Warning: If You’re in a Serious Accident With a Company Vehicle, They’re Probably Protected—and You’re Not.
Many victims are shocked to discover businesses often start defending themselves before the ambulance drives the victim off from the crash scene. It’s a cold, hard fact: corporations and insurance companies will protect their money, not help you. They will circle the wagons and unleash a hail of professionals to avoid responsibility for the crash: insurance adjusters, attorneys, experts, investigators, and whoever it takes.
Don’t let them pull off the cover-up and cheat you. Get your questions answered by a Spartanburg, South Carolina car accident and tractor-trailer accident attorney who’s used to handling cases against employers for company vehicle accidents.
I’ve written a book for folks just like you that covers the basics of car accident cases, and you can download it here for free. Check out how other folks like you rate their experiences with us on an attorney review website we don’t own and Google+.
What should I do if I’m involved in a semi-truck wreck in South Carolina?
A lot. A proper investigation and protection of your rights require a ton of work that can be overwhelming to an untrained victim, especially a seriously hurt or grieving one. These cases are way more complicated than a car accident. And here’s a harsh truth you’ve got to confront: you may already be way behind the semi-trailer insurance company’s defense.
If you can’t do all this, don’t worry. That’s why you hire us. We do it for you, and make up for what you couldn’t do as best we can. That said, here’s what you should do immediately if you’ve been involved in a semi-trailer accident:
- Call an attorney. I promise you I’m usually not this insistent. But this is the truth: the trucking company’s insurance may already have an attorney and a team of investigators and other experts already working to beat you.
- Get pictures of the scene and vehicles immediately. Pictures of the scene can be vital in showing the immediate aftermath of the enormous impact, including locations of the vehicles that can help with crash reconstruction and establishment of legal fault. If necessary, go to the tow yard where your vehicle is stored. You can bet the trucking company and its insurance company will move their truck fast to get it away from any prying eyes who might want to prove a case using it.
- Get the investigating officer’s name and contact info. This can help get the crash report quicker and help your attorney reach him for an interview. Law enforcement investigations can be a goldmine for victims, especially if your case is severe enough to be investigated by the South Carolina Highway Patrol MAIT team.
- Make sure evidence doesn’t get destroyed. Law enforcement often destroys their files after traffic tickets are paid. And please understand this, as hard as it is to believe: the trucking insurance company is motivated to make harmful evidence disappear. You need more evidence than you think to prove the trucking company’s fault and enhance your chance for punitive damages. Much of that evidence is kept by the trucking company. That’s the fox guarding the henhouse. You can protect yourself with a letter sent to the trucking company and law enforcement, instructing them to preserve all evidence related to the crash. For the letter to be effective, you’ve got to be sure to send it to the right person at each organization.
- Don’t let the semi-truck insurance company get your vehicle. The best evidence of the impact is likely the tangled mess of your car or motorcycle. The trucker’s insurance company will try to make that disappear with a quick settlement offer, often allowing it to take your vehicle. Then that crucial evidence is gone forever. The only impact evidence left is a semi-truck that’s barely scratched or fully repaired.
- Take pictures of visible injuries. Don’t leave anyone guessing. Capture the gore in living color for bad cuts, bruises, and broken bones. Remember, these usually look worst at first—and you want everyone to know exactly what the immediate aftermath of the accident looked like for your body.
- Video painful treatments, if providers let you. You may be surprised—they often will. It shows the long, hard, agonizing road you got forced onto by the tractor-trailer hitting you. While medical records may describe the treatment, a video brings the viewer into the experience with you. If a picture is a thousand words, a video speaks volumes.
- Get informed. Since you’re reading our website, you’re already doing that! We have a lot more to offer you, so take a good look around. You should also download our FREE BOOK on crash cases, which contains a chapter on 18-wheeler accidents. It answers lots of questions folks like you have, so you can arm yourself with information to help you along as your case develops. It will also prepare you for confronting the insurance company claims rep or adjuster and the dirty tricks they employ to settle your case cheaply.
Just Do It. It May Prevent a Lifetime of Regret.
I get it. When you’re hurt or grieving, the last thing you want is to add an attorney to your list of things to do. But, like going to the doctor, sometimes you just need a professional to help you through a situation you’re really not equipped to handle yourself.
How do you get a workers’ comp settlement?
Settlement negotiations generally start after we issue our demand letter. That’s our official offer to the insurance company containing our analysis of your case with all the evidence that supports the money we’re asking the insurance company to pay.
The process doesn’t start in most cases until you reach maximum medical improvement, meaning the doctor decides you’re as good as you’re going to get.
After that, there’s a flurry of activity on your case, since the insurance company can request a hearing to decide your case that must be scheduled within 60 days. That’s not a lot of time to prepare. That’s why we prepare your case all along—so by the time you get released from treatment, we usually have only your last few medical records to gather before launching settlement negotiations.
Here’s our process to do it.
1. Get the Rest of Your Medical Records Analyzed
Two words should jump out at you here.
- “Rest.” That indicates that we already have some of your medical records, so there’s not as much to get. Preparing your case as it develops instead of waiting until the end relieves pressure on us. It gives us the luxury of taking time to make sure critical details get noticed, giving you and your case critical care when you need it most.
- “Analyzed.” Medical evidence is vital to your case. We don’t just collect your records; we make sure they are read and summarized to evaluate this crucial aspect—and use clinical evidence to support our case for a solid settlement.
2. Analyze Your Impairment Rating
Doctor impairment ratings often drive settlement value. They are based on a book, the AMA Guide to Permanent Impairment. I have it. When I get your rating, I compare it to the range of ratings given by the Guide. Based on that review, I determine if we can make arguments for a higher rating based on the Guide, or if we should get a second opinion for a more accurate rating.
3. Find Out Your Permanent Work Restrictions and Physical Limitations
Your doctor supplies your work restrictions. But your injuries affect not just work, but also your life. The physical limitations come from you. We’ve got a process allowing you to tell us how you can’t do things in life like you used to. We use that to assess your next step.
4. Develop a Strategy for the Highest Workers’ Compensation Disability Rating to Maximize Your Settlement
Based on the severity of your permanent injury, you may qualify for maximum financial and medical benefits such as workers’ comp total disability or wage loss. If so, strengthening our case for those may require me to refer you for a vocational evaluation.
But many settlements involve an injury to a single body part—resulting in a settlement centered around your impairment rating, work restrictions, and limitations. The workers’ compensation disability rating should be higher than the impairment rating because it measures the impact on your ability to work and live.
We create a strategy taking all this into account to help achieve your case goals.
5. Focus on the Goals of the Most Important Person in the Case—You
Before I issue the demand letter, I determine what you want to achieve, since workers’ compensation offers complex settlement options even in a typical case. A key consideration is often whether to keep your right to future care or “clinch” the case, meaning give up medical care for additional money.
6. Last Step Before the Demand Letter—a Written Settlement Evaluation
I give my folks a written settlement evaluation explaining your rights, the strengths and weaknesses of our case, and a range of amounts to settle for. I send it with the final draft of the demand letter, or with a copy of the demand you’ve already approved.
7. The Demand Letter
This formal letter to the insurance company, often sent to its lawyer, has one chief aim: justify a maximum settlement for your case. The letter summarizes your case, especially its strengths. It includes:
- A little background on you.
- A description of how you got hurt.
- An analysis of your medical records. If you’re seriously hurt and go forward without an attorney, you need to be able to do that. How else can you expect the insurance company to grasp how bad you’re hurt?
- A description of your injuries. Importantly, it describes your pain and permanent limitations in meaningful terms that I know the workers’ compensation commission bases its decisions on. You’ve got to prove to the insurance company and its lawyer you can prove your case in court before they’ll take you seriously.
Using all this ammunition, we justify the money amount we’re asking for.
Despite all my work, I never forget we’re a team and who’s the boss. We don’t issue the demand letter until you approve the draft. Once you do, I send it immediately, and settlement negotiations start.
8. Settlement Negotiations
As these go on, I keep you updated every step of the way. I notify you of insurance company counteroffers, and I have you approve any response. Many cases end in settlement. If so, our next step is minimizing how long it takes to get your settlement check.
If the insurance company won't do the right thing to settle it, we request a hearing for a workers’ compensation commissioner to decide it. Don’t worry. I’ll be ready, and so will you.
Yes, It’s Complicated. Get Help From a Professional.
Workers’ comp is confusing even when you’re not hurt and worried about paying your bills. That’s why I try to make it easy for everyone who needs my help. You can get free legal info without even leaving your chair—download my FREE BOOK on workers' comp cases.
Does it matter whether your case is a slip and fall or trip and fall?
If you’ve gotten hurt in a slip and fall or trip and fall accident, you might wonder if there’s a legal difference. Maybe you’ve done some asking around or looked on the internet. Well, your search is over, at least for South Carolina cases.
In my experience, the key difference between a slip or trip is what caused the fall:
- A slip and fall accident usually results from a substance on the floor that makes it slippery.
- A trip and fall accident usually results from an object on the floor that your foot gets caught on.
Both are dangerous. Slip and fall injuries include torn knee cartilage like a meniscus or ligaments like the ACL, broken hips, legs, and broken arms. Trips can cause violent falls directly onto your head, causing a traumatic brain injury and sometimes even death.
This Is Complicated. Get Legal Help.
Proving fault is often the biggest challenge to getting a settlement for slip and fall or trip and fall injuries. And it’s your job as the victim to prove fault, as unfair as that sounds. This is called “legal liability.” Worse, slip, trip, and fall law is complicated—and tough on victims who don’t know what they’re doing. Luckily, experienced attorneys know exceptions that can help you win your case if they apply.
Just proving liability in a slip or trip and fall case involves skillfully piecing many factors together. You need a professional to mold the evidence into a solid case for fault so you can have a shot at a good settlement.
There are two things our firm wants to define getting your questions answered and your case evaluated by an experienced professional: FREE and EASY. To do that, just call toll-free at 888-230-1841 or fill out a Get Help Now form. You’ll get your questions answered and if you want, you can schedule a strategy session with an experienced accident injury lawyer—and you don’t have to worry what it will be like.
Always check out what it’s like to work with any attorney—here’s what real clients say about us in reviews we don’t buy or edit.
What can I take to my first attorney meeting about a South Carolina fatal accident or wrongful death case?
If you’re asking this question, you need simplicity, and I’m going to give it to you. Bring every piece of paper or evidence that might relate to your loved one’s accident, the medical care for it, and untimely death. Below you’ll find a list of some things you can bring to help the attorney start an evaluation of the case, but first, a little information for you about how these cases work.
The Basics of Accidental Death Cases in South Carolina
This is called a wrongful death case. It gives certain family members the legal right to be compensated for the loss of a family member. The law gives rights to specific compensation in a settlement for a fatal case.
There are a host of reasons why you need an attorney for a wrongful death case, and you can read about the most important ones in this article.
Meeting with an attorney about a wrongful death case should be free. Most lawyers call this a consultation. At my firm, the meeting is a free strategy session because that’s what we’re going to do—start building your case from the ground up, painting a picture of what it will look like going forward. I’ve worked awful hard to make sure these meetings are easy, comfortable, and informative for you. Because that’s who it’s about—you.
Remeber, you can always call our office at (864) 582-0416 and request a free consultation to discuss your situation. And if you hire us, no, you won’t need any money to do it.
Now, on to what you can bring to help us get started on your case evaluation.
Things You Can Bring to Help the Attorney Get Started on Your Wrongful Death Case
The first thing to remember is, if you don’t have some or any of these documents, don’t worry. A good lawyer does a thorough investigation to help you gather these things, but below are documents and evidence that can really help jumpstart your case:
- Your appointment by the Probate Court as personal representative of the estate. In a wrongful death case, the actual client is the personal representative of the estate. Before the case can be officially started, you need to get this from the probate court. If you don’t have it, we can help you get it.
- Death certificate. This is an official document for any death in our state. We use it to help prove the actual cause of death is linked to the accident. This is especially important in medical malpractice and nursing home or assisted living facility cases. But even if the death certificate doesn’t list the accident as causing the death, you can still have a case. You owe it to yourself and your family to pursue it if you feel the death was caused by someone else’s carelessness or wrongdoing.
- Other documents and evidence needed, depending on the type of case. Wrongful death cases get caused for a variety of reasons, whether it’s car, motorcycle or tractor-trailer trucking accidents, slip or trip and fall cases, medical malpractice, or nursing home/assisted living facility neglect. To help you figure out what we might need depending on those cases, here are articles on what you need depending on the case:
- Car, motorcycle, or semi-trailer wreck
- Slip or trip and fall, medical malpractice, or nursing home neglect
ONE PIECE OF EVIDENCE THAT’S ESPECIALLY IMPORTANT: Evidence of what your loved one earned at their job. This helps us prove all the potential lost income created by this tragic death.
You’ve Already Got a Lot of Things to Worry About—What It’s Like to Deal With a Lawyer Shouldn’t Be One of Them
Meeting with a lawyer is hard, even when you’re not overwhelmed by grief and the avalanche of responsibilities that comes with picking up the pieces of an unexpected death. If you’re hesitant to come to see us because you worry about how you’ll be treated, watch this brief video on how we helped a family who went through something like you.
And if it’s still too early for you to think about coming to our office but you’ve still got questions you need answers to, no worries. You can just call toll-free at 888-230-1841 or fill out a Get Help Now form. But you've got to act before it's too late.