Frequently Asked Questions

Auto Accidents

Do not delay in getting medical treatment.  An insurance company will use any delay in medical treatment against you when negotiating your claim.

South Carolina is a comparative negligence state, meaning that as long as you were not more than 50% at fault, you may be entitled to a monetary recovery for damage you sustained.

Yes, the insurance company either: (1) owes you a rental vehicle of similar like and kind, or (2) the insurance company could owe loss of use pay for being without a vehicle.

No. You are not required to provide the insurance company with a recorded statement after an accident.

You should contact a lawyer to see if they can assist in helping you find a doctor or physician who will provide medical care to car accident victims.

You should contact a lawyer who knows the contractual obligations of a doctor and hospital to bill your health insurance for your accident case. By forcing the hospital to bill your health insurance company, it can put more money in your pocket from your car accident case.

Wrongful Death

South Carolina law provides the survivors of those wrongfully killed with a path to recovery.  By filing a wrongful death claim, surviving family members can potentially gain financial security for the loss of a loved one’s income.  Further, the surviving family can find a sense of closure knowing that a negligent someone was held responsible for their loved ones wrongful death.  Wrongful death lawsuits do not only arise out of automobile accidents, but can be filed after any kind of accident, including those involving medical negligence (malpractice) or deaths arising from defective products.

The spouse, children and or parents of a loved one may file a wrongful death lawsuit in South Carolina.  A wrongful death lawsuit can be filed against any company and or person responsible for the death of a loved one.  In specific cases, a wrongful death lawsuit can be brought against a government entity.

Damages is a legal term for a sum of money awarded by a Court and or an insurance company to compensate the loved ones for an injury or death in South Carolina. In South Carolina, wrongful death damages allows survivors to recover many different types of monetary damages, including the death of their deceased family member’s income and financial support, the loss of the deceased family member’s companionship, the loss of an expected inheritance, mental anguish and suffering.  The surviving family members may be able to recover punitive damages to penalize or punish the at fault party (Defendant) for his or her reckless and or grossly negligent act.

In South Carolina, there is a rule of law known as a statute of limitations which requires that you file a lawsuit on the wrongful death claim within a certain period of time.  Typically, family members must file a wrongful death lawsuit within three years of the date on which the accident occurred where their loved one passed away. In some cases, the period of time that family members have to file a lawsuit is only two years.  It is important to contact a South Carolina wrongful death attorney quickly in order to get your wrongful death claim filed within the required amount of time.

When the negligence of another kills your loved one, you may have the right to make a wrongful death claim on behalf of the survivors.  

In a car accident, various factors contribute to fatal car accidents, but the most common we see in South Carolina are:

  • Drunk driving – Having a blood alcohol level at 0.08% or higher may result in DUI and other severe consequences.  If the driver that killed your loved one was cited with DUI as a result of the wreck, then you most likely will have a wrongful death claim for the loss of your loved one in South Carolina.  In addition to a claim against the at-fault drunk driver, you may have a dram shop case against the bar who may have overserved the intoxicated driver that killed your loved one.
  • Traffic Citations – When a negligent driver runs a stop sign, fails to yield right of way, drives through a red light or commits other traffic offense and kills your loved one, you may have a wrongful death lawsuit against the at-fault driver.  You should consult with a South Carolina attorney as soon as possible to determine your rights as a survivor who lost a loved one at the hands of a negligent driver who committed a traffic offense.
  • Reckless Driving – South Carolina recognizes reckless driving as a major traffic offense.  An irresponsible and negligent driver can commit reckless driving in many different ways, such as excessive speed.  If your loved one was killed by someone charged with reckless driving, you may have a wrongful death claim against that driver.  It is important to contact a South Carolina lawyer quickly after the accident has occurred to learn your rights and get the claim started.
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