Free Consultation | No Fee Unless We Win

Free Consultation | No Fee Unless We Win

Free Consultation | No Fee Unless We Win

FAQ

Frequently Asked Questions

Yes. Hiring a personal injury lawyer can help protect your rights and ensure you understand your legal options after an accident. An attorney can investigate your claim, deal with insurance companies, and pursue compensation for medical expenses, lost wages, pain and suffering, and other losses.

Yes. Insurance companies regularly handle injury claims, and they have tactics to convince claimants to accept much lower settlements than they deserve—or even nothing at all. This helps ensure the insurance company has maximum profits.

When you file your claim with the help of the right Charleston personal injury lawyer, however, you demonstrate to the insurer that you mean business. Our attorneys will not back down to insurance companies, and we know how to negotiate for the most favorable settlement possible. Having a lawyer also demonstrates that you will not hesitate to file a lawsuit if the insurance company insists on lowballing you. If a lawsuit does become necessary, you will have an experienced litigator ready to represent your rights in court.

While you never need a lawyer to file a claim, it is certainly highly beneficial to you, your family, and your financial recovery to do so.

If the at-fault driver does not have insurance, your uninsured motorist coverage may help cover your losses. If the driver’s insurance does not cover all your damages, underinsured motorist coverage may also be available. An attorney can review applicable policies and circumstances to determine what coverage is available.

South Carolina law does not allow failure to wear a seatbelt to be treated as negligence or contributory negligence. It generally cannot be used as evidence in a civil action. However, other factors may still affect the value or outcome of a claim depending on the circumstances of the crash.

South Carolina generally allows three years to file a personal injury claim, though this deadline may vary based on the circumstances. Wrongful death claims are also generally subject to a three-year deadline, beginning on the date of death. Because important evidence can become more difficult to preserve over time, it is important to address a potential claim as soon as possible.

A pre-existing condition does not necessarily prevent you from recovering compensation. If a rear-end crash worsened an existing condition, you may be able to recover for the additional harm caused by the crash. Medical records and expert opinions may help establish how the collision affected your condition.

Not necessarily. While South Carolina law requires drivers to maintain a reasonable and prudent following distance, fault depends on the circumstances of the crash. Factors such as a chain-reaction collision, an unexpected event, or a mechanical problem may affect how liability is determined.

If the at-fault driver is uninsured, uninsured motorist coverage may compensate you for your injuries and other losses. Depending on the circumstances, coverage may be available through the vehicle you were riding in or your own auto insurance policy. An attorney can review applicable policies and determine what coverage is available.

South Carolina generally allows three years to file a personal injury claim, though this deadline may vary based on the circumstances. Because evidence can become more difficult to preserve and witnesses can become harder to locate over time, it is important to address a potential claim as soon as possible.

South Carolina law generally does not allow failure to wear a seatbelt to be considered negligence or contributory negligence in a civil action. It also generally cannot be used as evidence in the case. However, other factors may affect a passenger injury claim, depending on the circumstances of the crash.

If both drivers contributed to the crash that injured you, you may be able to pursue claims against both of their insurance policies. As a passenger, you are generally not responsible for the drivers’ decisions and may be able to seek compensation from one or both parties, depending on the circumstances. An attorney can review the crash and determine which parties may be liable.

Yes, you can file a claim against a driver who was transporting you, even if they are a friend or family member. The claim is usually processed through the driver’s auto insurance, so you won’t have to pay for damages out of pocket. An attorney can explain your options and help you protect your legal rights.

South Carolina law places limits on noneconomic damages in medical malpractice cases. However, the applicable limits can vary depending on the number and type of healthcare providers or institutions involved. The law also provides exceptions to these limits in certain circumstances. Economic damages are not subject to the same limits.

If a patient died due to medical negligence, a wrongful death claim may be available under South Carolina law. The personal representative of the estate usually files the claim on behalf of eligible beneficiaries. However, medical malpractice claims involving death are subject to applicable pre-suit requirements, including the notice of intent and mediation process.