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.
- Page 15
To get the most money in a South Carolina accident injury case, what can I ask for my settlement amount to include?
South Carolina accident injury victims who can prove another person caused their injury can recover money compensation for harms and losses sustained as a result of the injury. The legal term for the harms and losses is damages.
Before we list the basic damages, remember they are what you might be eligible for. Whether you qualify for them, and how much compensation you should get, is a much more complicated matter.
Having said that, accident injury victims may qualify for compensation for:
- Medical bills, including future medical bills related to the accident
- Lost wages, including overtime and vacation/sick leave and, in the most serious cases, permanent income loss or reduction
- Pain, discomfort, and suffering, plus other items listed below that we call "human loss"
- Disfigurement/Permanent scarring
- Emotional trauma
- Mental anguish
- Loss of enjoyment of life
- Permanent injury
- Physical disability
- Mental disability, especially in traumatic brain injury or brain damage cases
- Property damage
- Out of pocket expenses as a result of the injury, such as transportation, house cleaning, yard work, etc.
- Punitive damages to punish the wrongdoer where the injuries are caused by reckless or intentional conduct.
Additionally, spouses of injured victims can recover damages for loss of love, affection, companionship, and comfort ordinarily provided by their injured spouse.
What is a personal injury?
A personal injury is any injury to a person’s body or mind caused by another’s carelessness or recklessness. Personal injuries can be caused in a variety of ways. Following are some of the most common causes of personal injury:
• Automobile/Truck/Motorcycle Accidents
• Railroad Crashes
• Nursing Home Neglect and Abuse
• Medical Malpractice
• Failure to maintain safe property or warn others of unsafe conditions on property
• Work-related/on-the job accidents (workers compensation)
Help! I had a bad fall at work while doing my job and I broke my hip. Now I’m not able to work. The medical bills are piling up. What benefits am I entitled to receive after an on-the-job accident?
Being hurt at work is a frightening experience. You worry about your health, your family’s future, and your future employment. As the medical bills start to pour in, you may worry about how you will pay for it all and how you will continue to support your family.
The South Carolina workers’ compensation law requires most employers to provide workers’ compensation benefits for workers hurt on the job. The benefits are almost always paid by the employer’s insurance company, not the employer directly.
Workers’ compensation provides injured employees with 3 main benefits:
- Medical care for the injury at no charge to the employee.
- Disability Income. If the doctor determines you can’t work for at least 8 days as a result of the injury, or gives you work restrictions your employer can't accommodate, you should get a weekly benefit check for 2/3 of your average weekly wage. This can help keep you financially afloat while you heal.
- Money Compensation for Permanent Disability. Permanent disability can be partial or total. An experienced workers’ compensation lawyer can help you maximize this final benefit.
The most severely hurt workers may qualify for additional benefits:
Permanent and Total Disability. If your injury was severe enough to permanently disable you from working your current job, you may be eligible to receive long-term disability benefits, including lifetime medical care for your work injuries. If so, you can be sure the employer’s insurance company will fight to pay you as little as possible- and with injuries as serious as yours, you need to focus on recovering as much of your health as possible and learning to live with your new limitations. Because total disability benefits can be complex- and hard to get- you owe it to yourself and your family to have an experienced workers’ compensation lawyer looking out for you.
Workers’ compensation is designed to provide benefits swiftly and easily to injured workers, but it doesn’t always work that way, especially when severe injuries are involved. At Holland & Usry, we vigilantly protect injured workers’ rights to the full benefits they deserve. We will thoroughly present the extent of your injuries to maximize your compensation.
If you or a loved one is hurt on the job, here's what to look for in the best workers' comp attorney for you. You can call the Spartanburg workers compensation lawyers at Holland & Usry toll free at 888.230.1841, or to schedule a free consultation to discuss your case. You don't have to worry about aggressive sales tactics- our goal is to answer your questions, and if we end up working together, it's a bonus!
After a heated argument with my wife, I was suddenly charged with domestic violence in Spartanburg. I didn’t hurt her and don’t think that this is a fair charge. Now I’m worried. What punishments do I face?
South Carolina criminal domestic violence charges vary greatly depending on the severity of the situation. You may have been charged with a misdemeanor or felony based on the circumstances. This can have a major impact on the range of potential punishments you face.
Working with a Spartanburg domestic violence attorney may be able to help you avoid a conviction. Better yet, a skilled lawyer might help qualify you for a court program to get the case dismissed and wiped off your criminal record, like pre-trial intervention.
If you are found guilty, you may face a variety of punishments depending on the severity of the domestic violence charge. Here's potential sentences for domestic violence charges in South Carolina:
- Criminal Domestic Violence, Third Degree. [S.C. Code Ann. § 16-25-20(D)]. If this is your first domestic violence offense in Spartanburg, it will usually be treated as a misdemeanor. The punishment for this is a fine of $1,000 to $2,500 or as many as 90 days in jail, or both. All or some of the sentence might be suspended if you are ordered to attend treatment, called batterer’s treatment or anger management.
Domestic Violence, Second Degree [S.C. Code Ann. § 16-25-20(C)].is a misdemeanor for which you face prison for up to three years and a $5,000 fine.
Domestic Violence, First Degree [S.C. Code Ann. § 16-25-20(B)].is a felony carrying up to ten years in prison.
- Criminal Domestic Violence of a High and Aggravated Nature. [S.C. Code Ann. § 16-25-65] is a felony carrying up to twenty years in prison.
Convictions for these crimes will prohibit you from owning or possessing firearms.
At Holland & Usry, we know these charges can be motivated by nothing more than ill will, and you need an advocate who can skillfully explain your side. Call us today toll free at 888-230-1841 or 864-582-0416 to schedule a free consultation with one of our attorneys and find out how we can help you.
I was hurt in a serious truck accident in Spartanburg, and now I’m worried about how I will pay these high medical bills that keep piling up. How can I know how much my Spartanburg truck accident settlement will be worth?
Driving next to a large 18-wheeler truck is overwhelming. When something goes wrong—as it did for you—the outcome can be catastrophic. Because of the size and weight difference between your car and a semi-truck, chances are your injuries were far worse than those of the truck driver.
If the truck driver caused your accident, he will be responsible for paying for your high medical costs in a settlement or verdict, if a lawsuit and trial are necessary. You can likely hold the trucking company he works for accountable, too. Whether the semi-truck wreck got caused by federal safety law violations can impact your case, too. Unfortunately, the insurance claims agents affiliated with the trucking company will work hard to limit how much you receive. This can leave you to pay for the mistakes of a professional driver.
Knowing some of the top factors that go in to determining your settlement can help you avoid being cheated out of valuable settlement money. Tractor trailers are regulated not just by the rules of the road, but by federal law that imposes stringent requirements to keep innocent motorists like you safe. It can be very hard or impossible to prove whether the truck driver violated these regulations without an experienced tractor trailer accident lawyer. It can even be hard for lawyers - which is why at Holland & Usry, we sometimes hire trucking experts in serious cases to help us make sure we get the right evidence and develop it properly to prove the trucker and trucking company broke safety regulations that caused your injury.
Yes, You Need Help With Your Truck Accident Case.
Getting the maximum settlement for a Spartanburg truck accident is not easy. Trucking insurance companies fight hard to beat down severely injured motorists to settle cheap. These insurance companies start working to beat you from the moment after impact, so you need to get a professional to help you close that gap before it's too late. We can do that. Contact the skilled Spartanburg truck accident attorneys at Holland & Usry to put someone knowledgeable in truck crash law on your side so that you can be confident that you get the best possible outcome in your case. Call us today toll free at 888-230-1841 or 864-582-0416.