Frequently Asked Questions

Injury victims are often placed in an extremely difficult position: not only do they have to cope with the substantial physical and emotional trauma that often occurs as a result of an injury, but they may also have to contend with considerable financial costs as a result of these injuries. While it is often possible to recover some compensation for these damages through a personal injury lawsuit, doing so without legal representation can be extremely challenging. That’s why many injury victims turn to the assistance of a trained attorney in order to be able to effectively fight for justice.

Assessing liability for a personal injury claim is not always as simple as it may appear. In some cases, the person who was directly responsible for the accident’s cause is an obvious target for liability. However, in other situations, product manufacturers, property owners, and others who may not have been directly involved in the accident but who nevertheless were instrumental in causing the injuries to occur, likely as the result of negligence prior to the fact, are the ones responsible for resulting damages. An experienced attorney can help you determine who may have been liable for your damages.

Doctors have an enormous responsibility towards their patients, as the care they provide can literally mean the difference between life and death in some situations. Therefore, doctors and other medical professionals are held to a high standard of professional competency. Errors on the part of medical care providers that occur as a result of a failure to meet this high standard and which cause patients to suffer harm are considered to constitute medical malpractice, and those who commit medical malpractice can be held financially liable for the damages their mistakes may have caused.

Under the law, injury victims are often entitled to pursue a claim against those who may have been responsible for their losses. However, there is not an unlimited amount of time in which injury victims are entitled to pursue such a claim; a restriction known as the statute of limitations places a time limit on the period in which such claims can legitimately be pursued. Therefore, it is important that injury victims take legal action as soon as possible in order to ensure that they do not forfeit their rights under the law.

If you have been injured by an attacker or drunk driver, he or she may be facing criminal charges. While it is satisfying to know that he or she will face consequences for his or her crimes, it does not help you with the medical costs of your injuries. Fortunately, you can still file a personal injury lawsuit in addition to criminal charges. Even if your attacker is found not guilty in a criminal court, you may still have grounds for a successful lawsuit.

The amount of compensation that an injury victim may be in a position to receive can vary widely, and depends largely on the circumstances of their case. In some cases, compensation may be limited to the tangible financial costs that the injury may have had, including the costs of medical treatment, lost income, and future reductions in earnings potential. In others, compensation may be awarded for emotional and psychological pain and suffering, and punitive damages may even be assessed against those who caused the injury in particularly extreme circumstances.

If your doctor approves you for “light duty” work, you must return to work. Refusing to go back to work could cause your compensation to be terminated. If you believe that you are not healthy enough to perform your job duties, you can request a hearing. In this case, an experienced workplace accident attorney can help you take the necessary legal steps to protect your health and well-being.

Your workers’ compensation payments should last until your doctor gives you permission to return to work. If your injury lasts more than 150 days, your employer will have to ask you to sign a receipt of compensation after 15 days back at work. If you return to work before 150 days, you will have time to assess whether you agree with the termination of your workers’ compensation payment and file for a hearing if you disagree. A workers’ compensation lawyer can help you determine whether you should still be receiving payment.

There is a seven day waiting period in South Carolina between the time of your workplace injury and time of payment. After seven days, you may be eligible for workers’ compensation payments. If your injury lasts more than 14 days, then you will be paid for the seven day waiting period.

Under South Carolina workers’ comp law, you are eligible for 66 2/3 percent of your average weekly wage. Your average weekly wage is determined by a calculation based on your wages in the four quarters prior to your injury. In addition, compensation may not exceed the maximum average weekly wage set by the South Carolina Department of Employment and Workforce.

If you have been injured on the job, you must inform your employer of your injury as soon as you can. You can report this injury to a supervisor, manager, or safety administrator through writing or in person. You have 90 days to report an on-the-job injury, but you are encouraged to report your injury as soon as possible to lessen the chances of your claim being denied by the insurance company or your employer. After this, you have two years to file a claim for benefits.

Assessing liability for a personal injury claim is not always as simple as it may appear. In some cases, the person who was directly responsible for the accident’s cause is an obvious target for liability. However, in other situations, product manufacturers, property owners, and others who may not have been directly involved in the accident but who nevertheless were instrumental in causing the injuries to occur, likely as the result of negligence prior to the fact, are the ones responsible for resulting damages. An experienced attorney can help you determine who may have been liable for your damages.

Injury victims are often placed in an extremely difficult position: not only do they have to cope with the substantial physical and emotional trauma that often occurs as a result of an injury, but they may also have to contend with considerable financial costs as a result of these injuries. While it is often possible to recover some compensation for these damages through a personal injury lawsuit, doing so without legal representation can be extremely challenging. That’s why many injury victims turn to the assistance of a trained attorney in order to be able to effectively fight for justice.