Honest Answers From Your South Carolina Personal 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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Why is it tough to get a settlement for a slip or trip and fall in South Carolina?
Because the law can work against you, and the insurance company definitely will.
What the Law Says
First, there’s the law. You’ve got to prove it’s someone else’s fault you fell. It’s just not as simple as showing you fell on something that wasn’t supposed to be there. The law requires you to prove wrongdoing by the business or property owner caused your fall.
But the law’s on your side in two important ways: you don’t always have to prove anyone had “notice” of the danger, and you can still have a case sometimes if the danger was obvious.
Often, you’ve got to prove the fall wasn’t your fault, or it wasn’t more your fault. In many cases, you’ve got to deal with the “comparative negligence” defense, which can reduce or even prevent a settlement. It usually grows out of the primary defense you might hear while you’re still laid out on the floor: Why didn’t you look where you were going?
What the Insurance Company Will Do
And then comes the insurance company, whose claims representative will do all she can to convince you the deck’s just too stacked against you.
Don’t believe it. There’s hope. If you’re seriously hurt, your case justifies the intervention of a skilled accident injury lawyer for this and other important reasons.
You need a guide to shine a light through the darkness and pilot you safely to shore. For the right case, justice can be achieved, but you’ll need help. Don’t miss your one and only chance at getting your medical bills paid and obtaining compensation for all of your harm.
How We Can Help
To get an idea of how we will treat you, read these real-life stories by clients telling what it’s like to work with us.
Will my accident injury settlement affect my Social Security Disability benefits?
It depends. Folks who receive Social Security Disability need those monthly benefits—it might be the only income you can get due to a disabling health condition or prior injury. The law doesn’t discourage Social Security Disability recipients from seeking justice, but you’ve got to protect your rights—or your settlement could create a financial strain you can’t afford.
Here’s How a Settlement Could Affect Your Social Security Disability Benefits
If you’re hurt on the job, monthly Social Security benefits can be reduced by your workers’ compensation settlement, even if you don’t get Social Security until after your workers’ compensation case is over. But there’s good news! An experienced workers’ compensation attorney will know how to minimize that reduction with an important legal maneuver. The resulting money put back in your pocket makes the workers’ compensation case well worth pursuing.
Any other accident settlement may impact you, depending on the type of benefits you're getting.
- If you receive Social Security Disability Insurance (SSDI), the settlement has NO effect on your benefits. Whether it’s a car or motorcycle accident, an 18-wheeler or commercial truck crash, a slip or trip and fall, medical malpractice, or any other type of injury, your settlement won’t reduce your benefits at all.
- If you receive Supplemental Security Income (SSI), your benefits could be impacted. You must report the settlement to Social Security. You'll need to take that into consideration and get professional legal advice on the best way to minimize the effect.
One important thing to remember if you’re on disability—don’t forget Medicare or Medicaid, because they won’t forget you. You’ve got a looming disaster hanging over your case if you don’t properly protect Medicare or Medicaid’s rights. And if you’re on Medicare, your case may require a complicated negotiation with Medicare about future medical treatment related to your injury, called a Medicare Set-Aside.
The takeaway here is, Social Security Disability recipients are just as worthy of compensation for your medical bills and injuries as anyone else, but your case has an extra wrinkle for those disability benefits.
If You’re Seriously Hurt, Don’t Risk It Going Alone
Though you have the right to pursue your case, you’ve still got to make sure you do it right—and be certain you protect your Social Security Disability rights at the same time. Here are the best reasons to hire an injury attorney or car accident attorney.
If you’re on Social Security Disability and get seriously hurt, your case has a lot of moving parts. Get started now on free advice from a professional who’s experienced at solving problems like yours. It will only cost you a little time to get your questions answered—call us toll-free at 888-230-1841 or fill out a Get Help Now form for a free strategy session about your case.
You can also scout us out with real client reviews on an attorney review service we don’t own.
I was in an accident and sustained a traumatic brain injury. How will I possibly pay all the medical bills for it?
It depends, but don’t be frightened it’ll all come from your pocket. You’ve likely got some good options to help you pay them.
If Your Brain Injury Is From a Work Accident
Stop worrying—this should all be paid by your job’s workers’ compensation insurance.
For more answers to questions you may have—or should have—about work injuries, download our FREE BOOK on workers' comp cases.
If You Were Hurt in an Accident Outside Work
1. Health insurance. If you’ve got it, use it. This is what it’s for. And, it pays a whole lot quicker than an injury case settlement, which can be a long and drawn-out process.
Using it will keep you from worrying if your medical care will get cut off for lack of funds. While you may have to repay health insurance from your settlement, it’s still your best bet.
2. Medicare, Medicaid, or other government benefits. Use this for the same reasons as number 1 above.
IMPORTANT NOTE: If you’ve got health insurance, Medicare, Medicaid or other government benefits, DO NOT take “no” for an answer from a provider who says they’ll just wait to get paid from your settlement. Explain to them they agreed to take these benefits long before you got hurt, and that’s what they’re for. If they still refuse, just politely tell them you will call your health benefits provider to help them get it straightened out.
Remember, you’re doing nothing wrong—you’re just trying to help the system work the way it should, and most importantly, protect yourself.
You need to keep providers out of your settlement as much as possible. You’ll need that money to make up for lost income- especially lost future income- and potentially help pay for future medical care.
3. Ask the hospital for help. Hospitals know brain injury care can bankrupt most patients and the hospital needs to be paid, too.
Many hospitals have a “benefits coordinator” or similar person whose job is helping folks like you.
Even if you’ve got a pay source, you should talk with the benefits coordinator. She might be able to find financial aid or bill forgiveness programs within the hospital to wipe out medical debt, or help you qualify for public assistance or government benefits to help pay.
The benefits coordinator might offer much-needed help in pointing you to programs that give aid and support to brain injury survivors and their families.
We’re Here to Help
Figuring out how to pay for brain injury care is just the tip of the iceberg. Due to the huge costs and losses from these injuries, you need a legal professional to protect your right to the compensation you need.
Don’t risk sinking your one chance at securing payment of past and future medical care, plus compensation for lost income and the harm done to your life.
You need answers. You might not even know the right questions to ask. We can help you with your legal problems and help you get support for the others associated with brain injury. To get an idea of how we treat people, read the reviews on a website we don’t own. To contact us, do what’s easiest for you, call toll-free at 888-230-1841 or fill out a Get Help Now form.
How can an accident attorney help a brain injury victim and her family?
Whether you’re a family member or a survivor, coping with a traumatic brain injury from an accident can be overwhelming. You’re right to wonder if one more thing on your list—seeing a lawyer—can help.
The short answer. If you or a family member suffered a brain injury, you may be dealing with someone who’s unconscious or not in their right mind to make complex legal decisions. And soon the insurance company will descend, hoping to take advantage of your inability to handle an overwhelming situation to force a cheap settlement that you’ll regret the rest of your life. You could forfeit rights to compensation you’ll need in the future to cover lost wages or mountains of medical bills.
That’s why people like you need an experienced lawyer to lighten your load and show you the way. We help make sure the insurance company doesn’t take advantage of you, and if needed, get folks appointed in court to manage the survivor's affairs.
Specific Ways a Brain Injury Attorney Can Help
Here are just a few:
- Provide peace of mind. It’s the number one unspoken benefit of an attorney you trust. You will know your legal rights and the evidence you need to win. Your rights and evidence may differ depending on whether you’re involved in a car or motorcycle accident, an 18-wheeler accident, a fall, or a work injury. Helping you learn those rights is one reason we wrote books on car and trucking accident and workers’ compensation cases. When you have an attorney you trust, you know you’re protected. You can return your full energy to the medical recovery process, knowing your legal care team is in place and at work for you.
- Help with guardianship and conservator proceedings for adult brain injury survivors. These Probate Court procedures appoint a person, often a family member, to handle medical, financial, and legal affairs while the survivor is incapacitated by injury.
- Gather evidence related to the case, or protect your right to it, before it disappears. Victims have to prove how they got hurt. You can’t risk someone destroying evidence you need to prove your right to potentially vital legal compensation.
- Secure witness statements and contact information for later use. You don’t have time to run these people down.
- Assess the amount of available coverage to compensate you for your car accident damages. You might have coverage on your own policy.
- Deal with insurance company representatives. They look out for the insurance company, not you, no matter how nice they seem. You don’t need to worry about responding to their demands or waiting for them to call you back.
- Guide you in protecting your rights to future medical care, whether it’s in the legal system or provided through work injury benefits in workers’ compensation. In workers’ compensation cases, you may qualify for permanent and total disability benefits or even highly extensive brain injury benefits—you can bet the insurance company will fight tooth and nail against paying these extremely expensive cases.
You Should Wonder, But Not Worry
I’ve been doing this long enough to know most people prefer seeing the dentist more than a lawyer, but sometimes you just need professional help. If you’ve got a brain injury or a family member with one, that time is now.
And if you’re wondering what it will be like to meet with me, here’s a brief video I made to assure you I won’t be pulling any teeth. And if you need me to, I can come to you.
What doctors and care providers help you recover from a traumatic brain injury?
Survivors of traumatic brain injury (TBI) often need a dedicated team to help overcome these potentially devastating injuries. The treatment can be long term, and we know information is power, so here’s a list of providers you might expect to see.
The Most Important Members of the Team: the Survivor and the Family
Without a doubt, you’re the most vital member of the team. For the survivor, all efforts are focused on returning you to a normal life. This may be the fight of your life, and it’s worth fighting for.
The importance of family support can’t be understated. It goes far beyond showing up for appointments. Due to the survivor’s limitations, you may be the key decision-maker in medical matters that can impact not just treatment, but the survivor’s future.
Yes, it’s about relentless love—but take some time for yourself, too. Get rest—you’ll need it for the long haul.
Brain Injury Doctors
TBI can bring a host of doctors to help repair and heal your brain. Here are the medical staff who’ll help you along the way, courtesy of the Air Force Center of Excellence for Medical Multimedia:
- Neurosurgeon. To assess physical brain damage, you’ll likely need a brain surgeon, even if you don’t require an operation. They evaluate the damage to the brain using scans and other tests. They may oversee procedures like skull removal to allow for brain swelling and intracranial pressure monitoring to assure the swelling doesn’t get to dangerous levels.
- Neurologist. Think of neurologists as brain doctors who don’t operate. They diagnose and treat conditions related to the brain, spinal cord, and nerves. The neurologist could be the captain of your ship.
- Neuropsychologist. These board-certified psychologists have specialized training in brain function. Their evaluations help assess the survivor’s ability to make financial, legal, and medical decisions, plus evaluate their prospects for returning to home, school, and work.
- Physiatrist. Also known as a “rehabilitation doctor,” these doctors handle post-acute care, as you begin to recover from the injury and work towards returning to life. The physiatrist usually leads the rehab team, making referrals to various other therapists and specialists to address your needs. You should expect the physiatrist to work closely with the patient, the family, and the entire rehab team to develop a comprehensive plan to return the survivor to normal life—or as close to it as possible.
- Primary care provider. Your regular doctor should be kept involved with your condition as you return to him for regular checkups and overall health management.
- Counselor and psychologist. These providers can help survivors and their families confront the challenges brought on by brain injury.
- Psychiatrist. These doctors diagnose and treat mental and emotional disorders that can be brought on by brain injury, including understandable depression and anxiety.
Other Therapists on the Brain Injury Care Team
Never forget the nurses! These are generally the frontline in your care and an important voice for any doctor or specialists, so make sure they hear yours. Here are other individuals who may also be part of the team:
- Case manager/social worker. These hospital employees help manage care and work with your health insurance or your employer’s workers’ comp insurance to get medical bills paid. They can help make sure you get proper care, help you find needed services, and provide other resources.
- Physical therapist. Physical therapy helps you reclaim your strength, endurance, flexibility, balance, coordination, and muscle function.
- Occupational therapist. Occupational therapy helps you overcome challenges to activities of daily living, like eating, bathing, dressing, going to the bathroom, getting up and down, and using a wheelchair or other medical equipment.
- Speech pathologist. These professionals evaluate and treat communication, cognitive, and swallowing disorders. They help you understand what you hear, speak clearly, think of words, and address reading and writing problems. They also help with cognitive issues like attention, thinking, memory, and interacting with others.
You May Need a Legal Team Member
You’ve hopefully surrounded yourself with a medical care team you trust to protect and preserve your ability to recover medically. You should take just as much care to surround yourself with a legal team you trust to help you recover legally. If you’ve got questions about how we can help protect you legally for a brain injury from an accident, call toll free 888-230-1841 or fill out a Get Help Now form.
What is a concussion, and what are the symptoms?
A concussion can result from just a bump on the head in auto or motorcycle or trucking accidents, falls, and work accidents. It is considered a “mild” traumatic brain injury (TBI). But a concussion’s symptoms and consequences can be anything but mild.
A Wise Doctor Defines Concussion in Terms We Can Easily Understand
The best way I ever heard a concussion defined was by a respected elder doctor in Spartanburg who treated a client of mine. My client got hit by a drunk driver in a car crash and suffered a concussion. The wise doctor painted a vivid picture of a concussion, with some good Southern flair:
Imagine a peach in a Mason jar filled with water. The peach is your brain. The Mason jar is your skull. The water is your cerebrospinal fluid. Take the ends of the peach jar in each hand and shake it so the peach bounces around in the jar. That’s a concussion.
The Mayo Clinic gives a more clinical description. Basically, the brain will “slide back and forth forcefully against the inner walls of your skull.”
But it’s the peach in the Mason jar that’s always stayed with me.
Know the Risks of Concussions
While sports have given us the playful adage that a concussion victim “got his bell rung,” you’ve got to remember that a concussion is serious. This is a brain injury—a sign of damage to the most vital and delicate organ in the body. Left untreated, a concussion can hide the warning signs of a potentially fatal brain injury.
Medical professionals, including the National Institutes of Health and the Mayo Clinic, deem the first 24 hours after a concussion critical in determining whether a potentially devastating, or even fatal, injury exists. Victims need vigilant observation to help detect severe injury.
If you or someone you know shows signs of a concussion, get medical testing before it’s too late.
Concussion Signs and Symptoms
According to the Mayo Clinic, “A concussion is a traumatic brain injury that affects your brain function.” You’ve got to watch out because signs and symptoms may not show immediately. They can last for months. Common symptoms include:
- Temporary loss of consciousness
- Confusion, feeling like you’re in a fog, or appearing dazed
- Amnesia (memory loss) about the accident
- Dizziness, "seeing stars," ringing ears
- Nausea or vomiting
- Slurred speech
- Delayed answers to questions
To show why there’s no such thing as a “mild” brain injury, the Mayo Clinic advises you to look for delayed symptoms like:
- Inability to concentrate and remember things
- Irritability and other personality changes
- Sensitivity to light and noise
- Sleep disturbances
- Disorders of taste and smell
If symptoms intensify, get treatment now.
Concussion Side Effects and Complications
Concussion side effects and complications can stretch into the long term, and may include:
- Post-traumatic headaches. These may start a week or even months afterward.
- Post-traumatic vertigo. This sickening sense of spinning or dizziness can last for days, weeks, or months after a brain injury.
- Post-concussion syndrome. This frustrating, crippling condition can last for as long as several months. Symptoms include prolonged dizziness, inability to sleep, depression and anxiety, struggles to think right, and difficulty remembering things. According to the Mayo Clinic, some experts compare this syndrome to depression, anxiety, or even post-traumatic stress disorder. In many cases, chemical reactions to brain trauma and the body’s emotional response contribute to it.
Concussion Victims Need Extra Legal Protection
Concussion victims can be especially susceptible to insurance companies taking advantage of them in their cases. You don’t have to let that happen to you. If you’ve suffered a concussion or traumatic brain injury, call toll free 888-230-1841 for a free meeting to get your questions answered and to safeguard your right to get your medical bills paid and to get financial compensation, which might include extensive future care or lifelong workers’ comp benefits. Don’t let the insurance company take your rights away from you forever!
I don’t trust the person handling the estate for my father’s fatal accident case. Can that be changed?
Maybe. Dealing with an accidental death case is a struggle to begin with. But when you’re eligible to recover for your suffering and financial loss and doubt the estate representative is looking out for your best interests, it creates anxiety you can’t afford.
There are two potential ways to get a different estate representative.
Removing the Personal Representative
“Personal Representative” (PR) is the term for the estate representative. South Carolina law allows removal of one under limited circumstances. You’ve got to prove to a probate court judge at a hearing that removal is justified because the PR:
- intentionally misstated important facts in the proceedings leading to appointment,
- disregarded an order of the court,
- has become incapable of handling PR duties,
- mismanaged the estate, or
- failed to perform any PR duty.
If you can’t prove that, there’s another option you might use.
Getting a Special Administrator
This allows the PR to remain in place but transfers responsibility for the wrongful death case to a Special Administrator.
If the PR contests having a Special Administrator, it requires proving to a probate court judge at a hearing that a Special Administrator is needed to preserve the estate or protect its proper administration.
We’ve had a case where family members came to us out of fear the PR would cut them out of a settlement. We reached an agreement with the PR naming our client as Special Administrator to protect the family’s interests.
Either Way, You Need a Skilled Attorney
You can’t expect a PR to let go of a court appointment without a fight. And you’ve got a lot at stake in the hands of someone you don’t trust. It could cost you the financial stability you need.
You need your own professional. If you’re worried about a PR shortchanging you or have any other questions, fill out our Get Help Now form to get answers from an experienced wrongful death attorney.
I fell and got hurt at a business. Should I report it?
Yes, immediately. When you fall and get seriously hurt, it’s embarrassing—and you do need to get medical treatment fast.
But you’ve got to tell the business, restaurant, store, or wherever you fell immediately, or as soon as possible. Here are key reasons to notify the business:
- It lets them know they’ve got a dangerous condition on their floors that is a threat to other customers. You don’t want it to happen to someone else.
- It tells them you expect them to be accountable for your injuries. They can notify their insurance company to set up your claim. You will get the ball rolling on getting your case started. But beware the insurance adjuster who will soon call you.
- It prevents them from asserting a favorite “defense”: “You never told us you got hurt!” It’s not really a defense, though, because it doesn’t disprove the dangerous condition or the fact that you got hurt. But the defense uses it to make your whole case look “fishy,” hoping skeptical jurors will disbelieve you.
Yes, it’s wrong. Yes, it ignores the reality that your priority was getting medical relief from immense pain. Still, it can work to hurt your case. Protect yourself by reporting your injury ASAP.
- It gives them a chance to do their own investigation. This can yield evidence like employee statements and incident reports that can help your case.
- BEST OF ALL, it puts them on notice that they should preserve evidence related to your fall. That could include surveillance video that’s the key to your entire case.
The best way to protect your right to this vital evidence is hiring an experienced personal injury attorney to do it for you.
This Is Only the Beginning
If you fall and get seriously hurt, expect the business to fight tooth and nail. You’ve accused them of ignoring unsafe conditions for customers, and the insurance company knows these cases can be tough to win.
At Holland & Usry, we’re not afraid of taking on severely injured fall victims’ cases. We know how to prove them and how to build a convincing picture of your injuries to help win your case. But we want you to hire us for the best reasons, so know why you should consider a lawyer for your case. Fill out our Get Help Now form to get your questions answered or call our toll-free line at 1-888-230-1841 to schedule a free strategy session to plan your road to justice.
Should I talk to or cooperate with an insurance adjuster about my accident injury claim?
It depends. The first thing to remember is the adjuster works for the liability insurance company that insures the person, place, or business that’s responsible for hurting you. For example, if you or your child got hurt in a dog bite case, it’s likely the adjuster works for the dog owner’s homeowner’s insurance company.
The second thing to remember is the adjuster’s driving force is to pay as little as possible, as fast as possible. The faster they pay you, the less chance there is for you to ask for more—like if you need more medical treatment. And once you sign the documents to get the settlement money, you can’t expect any more—ever—even if you later find out you’re hurt worse than you thought.
Here are some tips on dealing with the adjuster now or retaining a professional to do it for you:
- If you have serious injuries or DON'T KNOW THE FULL EXTENT OF YOUR INJURIES [which is often the case], you’re at high risk to be taken advantage of by the insurance adjuster. We see this in cases involving:
- inpatient hospitalization,
- a broken bone,
- referrals to a medical specialist like neurologists, orthopedists, or neurosurgeons,
- brain injuries, which may not surface for days or weeks after the accident
- dog attacks, since these cases often involve permanent scarring that takes a long time to set in, not to mention the referral to the plastic surgeon and his work.
The more they have to pay, the harder they fight you. First, the adjuster fights to pay you cheap and quick. If that fails, adjusters fight against paying you what’s right. Because your case will be more medically complicated, you’ve got to know how to handle medical evidence and present it the right way to prove the extent of your injuries. You’ve also got to keep up with how your injury affects your life over time and know how to present a convincing picture of it to persuade them to pay. Don’t risk selling yourself or your family short because you don’t know how to handle your case. That’s what professionals are for. You need an experienced personal injury attorney for the same reasons you need a medical team—this problem’s too big for an amateur to fix.
- If you don’t have a serious injury—maybe you have soreness or a sprain that only requires a visit to the ER, a couple of visits to your doctor, and even a little physical therapy—you may be able to handle the adjuster by yourself. And if you do, here's tips on how to handle the adjuster, written for a car crash case, but the advice is still the same.
- If you are unsure how seriously you are hurt, don’t consider talking to the adjuster until you KNOW. That way, you can make an informed decision about whether it’s safer for you to talk to the adjuster or talk to an attorney first. Believe it or not, I had a case where my client told an adjuster he felt okay, only to discover he needed a spinal operation!
I’m not afraid of the truth: people don’t want to hire attorneys. They don’t want to go to the doctor, either. But sometimes you just need one.
If you’ve been seriously hurt or just have questions about an injury accident case, fill out our Get Help Now form at the top of this page, call our office at 888-230-1841 or start a live chat. You’ll get answers from an experienced attorney who’s devoted to helping folks just like you.
- If you have serious injuries or DON'T KNOW THE FULL EXTENT OF YOUR INJURIES [which is often the case], you’re at high risk to be taken advantage of by the insurance adjuster. We see this in cases involving:
Should I use Medicaid or Medicare to pay medical bills for accident injuries?
Yes. Medicare and Medicaid are government benefits designed to pay for medical needs. That includes injuries that aren’t your fault, be it a wreck, fall, injury caused by a healthcare provider, and even care for fatal accidents.
These benefits are considered the same as health insurance in legal cases. We’ve already noted that using health benefits can make life easier after a personal injury.
And don’t let a provider refuse to take your Medicare or Medicaid payment. Just politely explain these benefits are to pay medical bills—even for accidents—and you insist on using them as designed.
If you’ve got other questions you need answered about your accident, fill out our Get Help Now form on this page or just call toll free 888-230-1841 or (864) 582-0416 to schedule a free, no-pressure strategy session to start building your case and get your questions answered.