# HawkLaw, P.A. > Right by You! > Admin Email: potential-team@hawkinslawsc.com ## Posts ### Can You Get Retrograde Amnesia From a Car Accident? Car accidents can leave you with all manner of injuries; some of the most serious are head wounds. Hitting your head or being jostled with enough force that your brain slams against your skull can mean traumatic brain injuries.  But can you get amnesia from a car accident? Brain injury from car accidents can indeed be serious enough to lead to cognitive function problems and even memory loss and amnesia. If you’ve been in a collision and have experienced memory loss caused by brain trauma, you may be suffering from retrograde amnesia and could be eligible to file a claim and receive compensation. At HawkLaw, our South Carolina car accident lawyers can help you understand your rights and start the claim process. Here’s what to know. What Is Retrograde Amnesia? Retrograde amnesia is a neurological condition that makes it difficult or impossible to remember events, experiences, or information from before the start of the amnesia. It typically occurs as a result of damage to the areas of the brain that store memory. Illnesses can also cause it, but trauma to the brain is perhaps most often the source. Are There Other Kinds of Amnesia You Can Sustain From a Car Accident? You can also experience anterograde amnesia. This is when you can’t form new memories. The condition can vary in severity, but in the worst cases, anterograde amnesia can permanently keep you from retaining new information. Post-traumatic amnesia can also occur after traumatic brain injuries. People who experience it can have serious trouble recalling the event that led to the amnesia as well as the injury itself. In the most severe cases, they can struggle to know who they are.  People can experience multiple forms of amnesia from car accidents if trauma is sustained to more than one brain region. What Are the Symptoms and Signs of Retrograde Amnesia From a Car Accident? Car accident victims with retrograde amnesia may experience any or all of the following symptoms: Failure to remember events that happened before the onset of amnesia Failure to remember names, places, dates, or other facts from before the accident The ability to retrain older memories, such as childhood ones The ability to recall skills like playing the piano or riding a bike despite memory problems Amnesia-induced brain injuries often appear with other cognitive issues, especially if they were the result of severe car accidents. For instance, some people may experience trouble finding the right words, while others may have concentration problems or mental "fogginess."  In cases where retrograde and anterograde amnesia occur together, you can struggle to build new memories while also not being able to remember events before the accident. Should You See a Doctor if a Car Accident Causes Memory Loss? Loss of memory after car accidents is generally a red flag that something is wrong. Often, brain trauma can cause you to forget that you hit your head, so even if you’re not sure whether you suffered a brain injury, make sure to see your doctor.  Getting a diagnosis can help you receive the care you need while also starting a record of the injuries you suffered in the collision. The more evidence you have of the injury and how it impacts your daily life, the higher your chances of recovering compensation. How a Doctor Diagnoses Retrograde Amnesia If you’ve been in a car accident and memory loss is one of the symptoms you’re experiencing, your doctor will likely run a few tests, beginning with standard blood tests and a physical exam. They may also schedule imaging tests like MRIs and CT scans to be able to spot brain abnormalities, such as lesions. You will likely undergo a neurological evaluation of your speech, vision, hearing, and reflexes. Additionally, you might undergo cognitive tests to see whether your short- or long-term memory is affected and to what degree. This can include asking "simple" questions, such as the date and your full name; it may also include you drawing a simply shape, or being asked to follow written or oral instructions. All these "tests" are designed to identify the type of cognitive disfunction you may be experiencing alongside the memory loss. Your doctor may ask you many questions about the accident you experienced, so offer as many details as you can remember. If you cannot remember, be honest: do not try to force a memory in order to "pass" the test; the doctor needs to know what you are experiencing and how you are experiencing it in order to diagnose you correctly. However, if there was someone else in the car with you when it happened, it may be helpful to your doctor for them to fill in the blanks. Is There a "Cure" for Retrograde Amnesia? There is no direct cure for long-term or permanent retrograde amnesia – no pill you can take, or procedure you can undergo, that will put an end to the condition. Your doctor might combine a number of options and adjust care as needed depending on how your amnesia progresses. This may include: Occupational Therapy: With occupational therapy, you can start trying to recover the memories you’ve lost by relying on the intact older memories you may have. Occupational therapists can also teach you management skills so that you can work around retrograde amnesia. Psychotherapy/Psychological Care: For those who suffer severe retrograde amnesia, psychotherapy sessions can also be helpful. These sessions can help with acceptance of the condition, and teach you coping skills for moving forward. Some psychotherapists may try hypnosis or regression to see if they can help you unlock older memories. Updated Technology: Your doctors may encourage you to use your smartphone more, if you're living with memory loss of any kind. Not only can you access photos of the time before your accident, but you can download free or low-cost apps that can help with cognitive skills. Note that in some instances, the retrograde amnesia is temporary. If this is the case for you, you may start seeing improvements in your symptoms after a few days. Can You Sue Someone for Amnesia From a Car Accident in South Carolina? In South Carolina, you can file a claim or lawsuit against another driver whose negligence caused you harm. The first thing to consider is who was responsible for the collision.  Determining fault in a South Carolina car accident is vital because the state has a fault-based system for traffic accidents. This allows you to file a claim for compensation against the at-fault party’s insurance. To do so, you must first show that the other person was negligent or willfully reckless in their conduct.  If you’re able to demonstrate that the other party was responsible for the collision, you can file for compensation, including economic and non-economic damages. This compensation can cover medical expenses like the costs of MRIs and hospital stays, as well as any future care you will need.  Lost wages can also be covered by economic damages. If you won’t be able to return to work because of the amnesia, you can claim loss of earning potential, too. Additionally, if you’ve experienced non-financial losses, like pain and suffering or loss of enjoyment of life, you can claim non-economic damages. How Can a South Carolina Car Accident Lawyer Prove Your Life Is Affected by Memory Loss? Your South Carolina personal injury lawyer plays a vital role in demonstrating that you have suffered retrograde amnesia and showing how it impacts your life. We typically begin by painting a picture of the economic losses you’ve suffered.  This will require gathering medical records that show the various diagnostic tests you may have gone through, as well as the expenses behind all of the treatments you received. You may lose work hours or time with your loved ones, along with the expenses of traveling to receive care. The expenses associated with brain injuries can be substantial, as they often require ongoing care. After we present proof of your expenses, we can look at your income loss. Retrograde amnesia is not like other conditions, because your entire life can be (metaphorically) wiped out in an instant. For folks with professional degrees or tradespeople, this may mean of a loss of decades of education and training, too. Imagine a neurosurgeon who can no longer remember basic anatomy, an accountant who can no longer remember higher level math, or electrician who can no longer remember how to wire a building. To demonstrate that your earning potential has suffered, your attorney can gather employment records and pay stubs, as well as testimonies from colleagues, to show how much you have lost. We will review any outstanding educational debt you have that you can no longer pay because you cannot work –debt accumulated for a life you may never get to live again. We also value losses such as: Benefits, including health care Retirement contributions Stock options Bonuses and COLA adjustments Additional perks, such as gym memberships or internet costs for home offices Just as important is the way we strive to show that your quality of life has decreased. Every day can be more complicated if you don’t remember basic things about your life and your loved ones. You may have to spend time writing notes to yourself and relearning who you are, which can be stressful and result in anxiety or depression. Your treatments and tests can also impact you psychologically, causing distress and worry. Your lawyer may speak with family members to get testimonies on what your life was like before the accident as compared to now. Although it can be difficult to put a price tag on quality of life, having as much evidence as possible showing the stark difference between your pre- and post-accident days can help you get fairer compensation. Speak to an Experienced SC Car Accident Lawyer Today You’re not required to have a personal injury lawyer representing you, but working with an attorney may be the best move for you. At HawkLaw, P.A., our South Carolina car accident lawyers have decades of experience fighting for accident victims throughout Greenville, Spartanburg, Columbia, Charleston, and Anderson. (The Anderson office is by appointment only, and most clients will be served out of Greenville.) We can negotiate with insurance companies and file a lawsuit on your behalf if they refuse to negotiate fairly. Our results demonstrate our commitment to providing comprehensive services that put clients first. You don't have to suffer alone. Let HawkLaw focus on your fight so you can focus on your recovery. Contact our team to schedule a free* consultation with a South Carolina injury attorney who understands memory loss, brain trauma, and amnesia from car accidents. ### If Someone Brake Checks You, Who Is At Fault? It’s common knowledge that you can be seriously injured if someone brake checks you. Who is at fault, however, is not always clear. Brake checking can seem harmless, but for victims, it can lead to serious injury and trauma and cause significant financial loss. If you are the victim of brake checking in South Carolina, we want to help. Your car accident lawyer will work closely with you to find any evidence to support your case. HawkLaw P.A. is committed to being by your side through this process. What Is Brake Checking? Brake checking occurs when a driver slams on the brakes of the car, often without warning. A light tap on the brakes could be a signal to the driver behind you of a problem ahead. However, brake checking involves more than this. Typically, people engage in brake checking intentionally. What Is the Point of Brake Checking? Many drivers brake-check the driver behind them as an aggressive type of “warning.” Drivers may claim it’s to stop another vehicle from tailgating or from trying to get them to speed up. In reality, brake-checking is about intimidating other drivers, and potentially risking an accident just to prove a point. Is Brake Checking Dangerous? Yes, brake checking is dangerous. It is one reason rear-end collisions happen. When one driver slams on their brakes, there is a risk that the other driver may not respond quickly enough to stop their car, leading to a collision. That initial rear-end collision could then cause a chain reaction with other vehicles, creating even more risk. While it may seem “harmless" if the second driver can stop in time, real injuries are possible from brake checking, including those that can change the course of a person’s life. Victims may sustain a range of injuries in the event of a collision. Some of the most serious accident injuries from brake checking include: Traumatic brain injuries occur when the head strikes the steering wheel or dashboard. Broken bones, including fractures of the cervical spinal column, can occur. Other spine injuries, including pinched nerves and dislocations, can happen due to compression from an accident. Brake checking on a construction site could mean significant injury if the vehicle is very heavy or, in some cases, may cause the vehicle to roll over. In a serious accident, a person may die as a result of their injuries, leading to a wrongful death claim. Many factors contribute to the risk of injury, including the speed of travel, the size and type of vehicles, and the response of the driver. Is Brake Checking Illegal? Yes, brake checking is illegal. Under South Carolina Uniform Traffic Law Section 56-5-2920, it is illegal for a driver to intentionally create an unsafe condition. The law applies to situations where a driver willfully or wantonly disregards the safety of another driver. That makes them guilty of reckless driving. If Someone Brake Checks You, Who Is At Fault for the Resulting Crash? If you are a victim in a car accident with an aggressive or reckless driver, it will be necessary to prove that the driver in front of you brake-checked you and is therefore at fault for the crash. That is hard to do, especially if the responding police officer believes you were to blame for the accident. It is possible that the case could lead to both drivers being held partially responsible. If you can demonstrate that the driver brake checked you and therefore caused the accident, you may have a stronger claim for a larger award.  If you are tailgating the other driver, meaning you are following very closely behind them, it could indicate that you were partially responsible. You may still be able to make a claim, but it’s possible that your overall award will be reduced.  Under South Carolina’s modified comparative negligence standard, when each party contributed to the accident, a percentage of responsibility is assigned to each driver. Your ability to recover any damages from the accident is directly related to that percentage. Keep in mind that, in South Carolina, if a driver is more than 50% at fault in an accident, they cannot recover any damages. If both drivers share equal fault, meaning each has been awarded 50% of the responsibility, then both may recover only 50% of the losses they sustained. Defective Car Parts It could be important to consider third parties that may also be responsible for such injuries. If there is evidence that one of the car’s brakes failed or the engine suddenly accelerated, and this led to the driver slamming on the brakes, the manufacturer could be held (at least partially) accountable for the injuries. How Our Car Accident Lawyers Prove You Were Brake Checked The complexity of a car accident like this lies in the availability of evidence demonstrating what happened. Sometimes, actions like this stem from previous events. Other times, a person takes an action that appears to be brake checking, but it really is not. To prove what occurred, your attorney will use a variety of types of evidence if available. Examples might include: Dashcam, cell phone, street cam, or other footage of the incident Witness statements, including statements from passengers in either vehicle or third-party vehicles Statements made by both drivers about what happened and why (sometimes one driver will admit to following too closely or engaging in road rage earlier in the drive) Tire tracks in the road which could indicate a hard brake The type of damage to the vehicles, which will indicate the point of the collision Each case is unique in the availability of evidence. If you have any insights that prove what happened, be sure to tell your attorney about them. HawkLaw Fights for Car Accident Victims in South Carolina Not sure if you have the right to seek legal action? Or were you blamed for a rear-end collision caused by a brake check? Let our legal team help. Turn to HawkLaw P.A. for guidance. Fill out our contact form to get started with a free consultation*. We serve clients in Anderson, Greenville, Spartanburg, Charleston, and Columbia. The Anderson office is by appointment only, and most clients will be served out of the Greenville office.  ### What Happens When a Pedestrian Is Hit While Exiting a Disabled Vehicle? Imagine you are driving along Interstate 26 in Spartanburg County when your car suddenly breaks down. You pull over to the shoulder and step out to assess the situation. Before you know it, you are struck by another vehicle. This scenario is more common than most people realize and can lead to serious legal and financial consequences. Why These Incidents Are More Common Than You Think in Spartanburg Highways such as I-26 and SC 176 are used by thousands of vehicles each day. Unfortunately, these roads are also hotspots for accidents involving pedestrians. In May 2025, a pedestrian was struck on I-26 near mile marker 44 after stepping out of a disabled vehicle.  Good Samaritans are also at risk. Recently, a 41-year-old woman who exited her vehicle on I-26 to help victims of another accident was struck and killed by a passing car. Common scenarios that place pedestrians at risk include: Flat Tires: A sudden blowout can force a driver to pull over unexpectedly. Engine Failures: Mechanical issues may leave a vehicle inoperable on the shoulder. Accident Debris: Previous collisions can leave debris that causes secondary accidents. The South Carolina Department of Public Safety reports that multiple fatalities each year on highways involve pedestrians. What South Carolina Law Says About Pedestrian Behavior Understanding the legal framework is important for both pedestrians and drivers. South Carolina law addresses pedestrian behavior in several areas: S.C. Code § 56-5-2510: This statute outlines when a vehicle may legally stop on the roadway, which helps determine pedestrian rights and responsibilities. In most cases, it is illegal to stop your vehicle on the roadway or shoulder unless it is disabled and/or you need assistance. S.C. Code § 56-5-3170: This section specifies when a pedestrian may legally be on the shoulder or roadway, emphasizing safety precautions. This means pedestrians aren’t allowed to use freeways to travel on foot unless they require assistance due to an emergency involving their vehicle.  These laws are designed to balance the safety of pedestrians with the flow of traffic. They provide guidance for situations where a vehicle is disabled and someone must exit onto the road. Can You Walk on a Highway? South Carolina generally prohibits pedestrians from walking on highways. Exceptions exist for emergencies, like collisions or when your vehicle breaks down. In such cases, pedestrians must exercise extreme caution and use the shoulder to move away from traffic. What Should a Pedestrian Do If There Are No Sidewalks? When walking on roads without sidewalks, pedestrians should follow these precautions: Face Oncoming Traffic: This allows pedestrians to see approaching vehicles and react in time. Stay on the Shoulder: Move as far off the roadway as possible. Wear Reflective Clothing at Night: This increases visibility to drivers. Highways are designed for high-speed traffic, not pedestrian movement, so following these rules is critical to safety. Who’s at Fault When a Pedestrian Is Hit After Exiting a Car? Determining fault in these incidents can be complicated. South Carolina's comparative negligence rule allows both the pedestrian and the driver to share responsibility. If a party is found to be 50% or less at fault for an accident, they can still recover damages.  Factors that influence the determination of fault include: Pedestrians’ Actions. Considerations such as whether or not the pedestrian used hazard lights, set up warning triangles, had on reflective clothing, or entered the roadway with caution will all play a role in determining fault.  Driver’s Actions. Whether or not a driver was using due caution, was distracted, speeding, or used safe, evasive measures to avoid the accident will determine their portion of fault.  Even if you are found to be at fault, you may still be able to recover compensation. A Spartanburg pedestrian lawyer can become your most valuable asset by handling your claim and making sure you aren’t duped into accepting a lowball settlement offer. Insurance Coverage for Pedestrian Injuries After a Car Several insurance options may provide coverage if a pedestrian is injured after exiting a disabled vehicle: MedPay: Covers medical expenses regardless of who is at fault. MedPay is available in South Carolina, but is optional.  Driver’s Insurance: If the driver who hit the pedestrian is identified, their liability insurance may cover damages. Uninsured/Underinsured Motorist Coverage (UM/UIM): If the at-fault driver lacks sufficient insurance, your policy may cover the difference if you have this type of coverage. It is important to review your insurance policy and consult with an attorney from HawkLaw, P.A. to understand coverage and rights fully. What If You Were a Passenger, Not the Driver? Passengers in a disabled vehicle face similar risks when exiting the car. If struck, they may pursue claims against the at-fault driver or their own insurance. The comparative negligence principles still apply, and both parties’ actions are assessed when determining fault. How Can Spartanburg Make Its Roads Safer for Drivers and Passengers in Disabled Vehicles? Local authorities can take measures to reduce the risk of pedestrian accidents on highways: Creating more emergency pull-off areas where vehicles can safely stop. Adding warning signs and alerts to potential pedestrian activity along highways. Increasing patrols in high-risk areas to deter speeding and reckless driving. Informing the public about safe procedures when stopping on highways. Implementing these changes could significantly reduce pedestrian accidents. Safety Tips for Exiting a Vehicle on SC Highways Pedestrians who must exit a vehicle should follow these precautions: Activate hazard lights to warn other drivers of your presence. Set out flares or warning triangles to increase visibility, especially at night. Exit on the passenger side to avoid stepping directly into traffic. Remain inside the vehicle if possible until help arrives. Pull as far onto the shoulder or into an emergency lane as the vehicle allows. Move behind a guardrail or away from traffic lanes after exiting. Following these safety tips can prevent serious accidents. Contact a Spartanburg Pedestrian Lawyer at HawkLaw P.A. Today If you were injured after exiting a disabled vehicle, consulting an experienced attorney is essential. HawkLaw P.A. is experienced in pedestrian accident claims and can guide you through the legal process. Contact us today for a free consultation*. Our team is committed to helping you receive the compensation you deserve. HawkLaw serves clients throughout South Carolina from offices in Charleston, Columbia, Greeneville, and Anderson. The Anderson office is by appointment only, and most clients will be served from the Greenville office. ### Spartanburg Pedestrian Accident Claims: Why Highways Are More Dangerous Than Downtown Headlines about pedestrian accident claims can spark fear in both locals and visitors to Spartanburg. These types of accidents bring up the notion that downtown is the biggest hazard, but that simply isn’t true. The truth is, Spartanburg pedestrians are at much higher risk on rural, unlit, high-speed roadways. A Brief Overview of Pedestrian Accidents When it comes to pedestrian accidents, the narrative of a "walkable downtown" obscures the broader risks that residents face on rural, unlit, high-speed roads. Recent data reveals that pedestrian fatalities in South Carolina dropped from 2022 to 2023, though the numbers remain troubling. In 2022, the state recorded about 232 pedestrian fatalities; in 2023, that figure fell to around 215. Yet any number in the hundreds is still far too high. These figures are problematic because they might lead people to think the risk is shrinking across the board when, in fact, it varies widely depending on location. Downtown Spartanburg may feel safer, with its sidewalks and crosswalks. But that does not reflect the conditions along major corridors that many residents rely on for everyday travel. Outside the city center, roads lack infrastructure. That gap increases the likelihood of severe collisions and, in turn, pedestrian accident claims. Why Highways Like SC 176, SC 9, and I 26 Are So Dangerous for Pedestrians The truth about our roadways is that most of them lack the infrastructure and visibility to remain safe for pedestrians. Once you stray from the downtown area, large stretches of road run without marked crossings. Faded signage and limited lighting make it difficult for both pedestrians and drivers to stay safe. Picture someone walking to catch a bus or head to work. Stepping onto SC 176 or SC 9 with no sidewalk beneath their feet or a crosswalk to guide their way, they could easily find themselves invisible to traffic.  These are not downtown scenes; they’re long, multi-lane routes with frequent cars and few safe points for pedestrians. Add in the risk of inclement weather or simply driving at night, and visibility becomes nearly impossible. SC-176 and SC-9 These are roads built for fast-moving traffic. They have few lights or crossings. Heavy commuter traffic barrels by at speeds far too high for someone on foot. Add poor visibility at dawn or dusk (rush hours), and the result is a recipe for tragedy. Sidewalks simply do not stretch long enough to serve anyone trying to cross them or walk along them safely. I-26 Legally off-limits to pedestrians, I-26 should not have walkers. Unfortunately, crashes involving pedestrians still happen. Drivers stranded after a breakdown or needing to reach service roads may try to walk, unaware of how dangerous it is. With traffic merging at high speeds, the risk of fatal outcomes rises dramatically. Real Cases Highlight the Severity of Getting Hit by a Car Local news over the past six months has shown the deadly reality of pedestrian collisions away from downtown. For example, a pedestrian was struck and killed when she attempted to cross SC 1676 near Petrie Road just after 10:00 p.m.  On I-26, a pedestrian standing on the shoulder was struck and killed by a car that ran off the road. This incident occurred around 5:30 p.m., when the pedestrian was attempting to help the victims of another car accident.  These examples make one thing clear: highway-adjacent pedestrian accidents are not rare, and they are not minor. Hiring a Spartanburg pedestrian lawyer can help. An experienced attorney familiar with local roadways can help protect your interests and get you the compensation you need if you’ve been involved in a pedestrian accident. Who’s at Fault in a Mid-Block or Highway Pedestrian Crash? In many instances, both the driver and the pedestrian bear some level of fault. Jaywalking is not an automatic bar to compensation in South Carolina. Neither is "distracted walking," or failing to look both ways before entering a crosswalk. This is because South Carolina follows a modified comparative negligence rule, which says even a partially found partially to blame can seek compensation. As long as you are found more than 50% at-fault, you can still recover damages. Once you hit 51%, however, you can be barred from recovering anything. What Pedestrian Accident Claims Can Cover When claims succeed, they cover a range of damages. Three types of damages may be recoverable in a pedestrian accident claim:  Compensable damages. Damages that have a set dollar amount are referred to as compensable damages. Items such as medicine, hospital stays, treatments, therapies, and lost wages fall under this category. Non-compensable damages. Some damages are hard to quantify. Pain and suffering, loss of consortium, and loss of enjoyment of life are recoverable damages that can be quantified with the help of an experienced attorney.  Punitive damages. Punitive damages are awarded when the person responsible for the accident acted in a particularly careless or reckless manner.  When you’re the victim of a pedestrian accident in Spartanburg, the other party’s insurance company may attempt to get you to accept the first settlement amount they offer. This is usually an amount far too low for the actual value of the claim. Having an attorney on your side can help make sure you aren’t accepting a low-ball offer. What Spartanburg Needs to Do to Improve Pedestrian Safety Spartanburg’s infrastructure and highways create risks, but there are steps the county can take: Add crosswalks and sidewalks on long commercial corridors. Roads like SC-176 and SC-9 need safe pedestrian paths even through business areas. Stores and businesses along the roadway share the responsibility and should create safe access to their entrances from the roads.  Improve lighting and signage at highway exits, service roads and residential cut-throughs. A better glow and clearer signs give drivers more time to see people. Install pedestrian signals near bus stops. Those spots generate foot traffic but lack safe crossing points. Many residents rely on the bus system for transportation to and from work, increasing their risk of an accident daily.  Use crash data to target redesign in high-risk zones. Then concentrate resources where the most accidents occur. Highly reflective paint for crosswalks and flashing pedestrian crossing signs are two examples of how the county can improve visibility for pedestrians in these zones.  Expand public education campaigns. Tell drivers that pedestrians may walk even when sidewalks stop. Tell walkers how to stay visible at night.  Create safer walking paths near industrial areas. The workers there often walk between stores, stops, and home with no clear or safe route. Support smart enforcement. Target speeding and distracted driving along busy corridors known for pedestrian activity. All of these ideas can start making streets safer county-wide. How Our Pedestrian Accident Lawyers in Spartanburg Can Help If you’ve been hit while walking on a Spartanburg roadway, HawkLaw, P.A. understands what lies ahead. We’ll fight for your right to fair compensation by handling your claim from start to finish. If you’ve already filed a claim (or had it denied), we can step in with our knowledge of insurance company tactics and file an appeal on your behalf. We know how to counter arguments about partial fault and show how dangerous roads contributed to harm. You do not have to fight complex pedestrian accident claims alone. We are here to handle the legal burden so you can focus on healing. Injured in a Pedestrian Crash? Talk to a Spartanburg Lawyer Today If you were hurt while walking, we offer a free consultation.* Let’s talk about what happened and what steps you can take next. HawkLaw, P.A. serves clients throughout South Carolina from offices in Charleston, Columbia, Greeneville, and Anderson. The Anderson office is by appointment only, and most clients will be served from the Greenville office. ### Truck Accident Laws | Your Guide to Accountability and Recovery Truck accidents involve 80,000lb motor vehicles, often traveling at a speed of over 60 miles per hour. They are loaded with heavy cargo, driven by fatigued drivers, and often lack good maintenance. That creates risks for you. Understanding the laws can help you know when it is time to turn to the truck accident lawyers at HawkLaw, P.A. for guidance in recovering fair compensation for your losses. What South Carolina Laws Apply to Truck Accidents? To know which laws apply in your situation, always consult with a South Carolina truck accident lawyer. What you may not know is that there are both federal and state laws applicable to most trucks on the road today. The following are some of the most important truck accident laws you should know. Fault and Liability in SC South Carolina is a fault state. That means that the party that causes an accident is financially responsible for the damages they cause to others. If a truck driver caused your accident because they violated the law in some way, the truck driver is responsible for the medical costs and other losses you have. In a truck accident involving multiple vehicles, proving negligence is even more challenging. In these cases, it is critical to understand the role that each vehicle and driver played in the accident to ensure fault is accurately assessed. Modified Comparative Negligence You should also understand South Carolina’s modified comparative negligence standard. In some truck accidents, victims may be partially to blame for what occurred. However, victims can still pursue compensation for their losses. Each party will have a specific percentage of responsibility applied to their role in the accident. The compensation suffered by each party is reduced by the percentage of fault attributed to them. If you have more than 50% of the fault, you cannot recover your losses. Statute of Limitations in SC Truck Accident Claims A three-year statute of limitations applies to commercial truck accidents. Victims have no more than three years from the date of the accident to pursue legal action in a court of law against the at-fault party, or they could lose the right for the court to hear their case. Which Federal Laws Could Affect a Truck Accident Case in South Carolina? The Federal Motor Carrier Safety Administration (FMCSA) maintains a set of laws that all commercial truck drivers and trucking companies must follow across the country. There are numerous laws that a truck driver and a truck company must abide by to avoid regulatory action: Hours-of-Service (HOS) Rules Commercial Driver’s License (CDL) Requirements Drug and Alcohol Testing Regulations Vehicle Inspection, Repair, and Maintenance Rules Weight and Load Limit Regulations Cargo Securement Standards Electronic Logging Device (ELD) Mandate Minimum Insurance Requirements Driver Qualification Standards Hazardous Materials (HAZMAT) Regulations Recordkeeping and Logbook Requirements What You Should Know About Hours of Service Many commercial truck accidents happen because truckers are tired. Operating a tractor-trailer across thousands of miles of roadways each week is monotonous work. To minimize risks, the FMCSA put in place an Hours of Service rule. This law requires property-carrying drivers to meet these requirements: 11-hour driving limit: The driver may drive no more than 11 hours after they have 10 consecutive hours off duty. 14-hour limit: Drivers may not drive beyond the 14th consecutive hour after coming on duty, or after 10 consecutive hours off duty. The off-duty time does not extend the 14-hour period. 30-minute driving break: Drivers must take a 30-minute break when they have driven for 8 cumulative hours without at least a 30-minute interruption. 60/70 rule: A driver cannot drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty. Sleeper berth provision: Drivers may split their 10-hour off-duty period, as long as one off-duty period is at least two hours long and the other involves at least 7 consecutive hours spent in the sleeper berth. Adverse driving: Drivers can extend the 11-hour maximum driving limit and 14-hour driving window by up to 2 hours when adverse driving conditions are encountered. As truck accident lawyers, we can tell you that it is challenging for truckers to maintain these rules and demonstrate compliance consistently. However, personal injuries are higher when drivers are tired behind the wheel. Federal Rules About Impairment Truck drivers must be free from the use of alcohol or drugs while operating a vehicle. A driver who fails a test given to them may lose their commercial driver’s privileges, and the trucking company could be held responsible for the injuries caused. This applies to alcohol and drugs like marijuana. If a driver used a substance, legally or not, in one area and then caused an accident in another state, they could be held accountable if there is still evidence of the substance in their system when tested. How Insurance Is Different for Commercial Vehicles Federal truck law requires truck drivers and trucking companies to carry specific types (and amounts) of insurance. They must carry a specific amount of liability coverage based on the type of vehicle they operate. For non-hazardous property, for example, trucking companies must maintain at least $750,000 in liability protection. If the vehicle involves hazardous materials, depending on the scope, it may be required to maintain $5 million in coverage. When you file a truck accident claim, you should be able to trust that your financial losses will be covered. That is possible when trucking companies maintain adequate insurance to meet the risks they pose. Reporting Laws for Truck Accidents If you are a truck accident victim, call the police to respond to the scene of the accident. This protects you, the victim, and ensures that data is collected about what happened and who is responsible. Under the law, truck drivers are required to report any accidents to the motor carrier with which they work. The motor carrier is required, under federal accident law, to report accidents to the FMCSA, which will investigate to determine if any regulations were violated. As the victim, it is always advisable to call the authorities to report the accident scene, as this protects your rights and documents what occurred. If you find later that accidents involving a commercial truck were not reported, be sure to contact your truck accident attorney to discuss your rights. Who Can Be Held Accountable in a South Carolina Truck Accident? The truck driver: The driver is responsible in situations where they are operating the vehicle recklessly, intoxicated, or aggressively. The trucking company: Truck companies must maintain vehicle repair and maintenance logs, Hours of Service logs for drivers working with them, and driver training and licensing verification. They are liable for their employees and potentially for contractors, depending on the nature of the agreement.  Truck manufacturers: If you can demonstrate that the truck’s design or manufacturer was flawed and that caused the accident, the manufacturer could be held accountable Cargo loading companies: Companies using a third-party cargo loading company may task that company with ensuring safety. If they fail and cargo loss causes the accident, you can file a claim against the cargo company. To file a claim against any party, you must demonstrate that they were responsible for your accident. You may be able to file a claim against the city or state, for example, if poor road conditions caused the accident. If a truck driver makes a wide turn that causes an accident, but the braking system also fails, the truck driver and the manufacturer could be held accountable. How Truck Accident Claims Work in South Carolina To recover damages and receive the compensation you deserve, your attorney must: Document all of the parties at fault Gather the evidence to back up claims of your injuries and losses File a claim with the insurance companies involved and answer their questions Negotiate fiercely for your rights File a lawsuit if necessary to pursue additional compensation Go to trial when necessary Your attorney will work through this process comprehensively. There are several components they will focus on. Dashcams, Black Boxes, and Other Potential Evidence Evidence makes it hard for insurance companies to deny claims. Dash camera footage, black box data, and witness statements help to demonstrate what took place and why. What It Means to Negotiate With Insurers Your attorney will evaluate your case, gather evidence and documentation of your losses, and then value your claim. They will write a demand letter to the at-fault party requesting them to pay you what they owe. It is not uncommon for insurance companies to negotiate terms and losses, often trying to reduce the financial impact. Your lawyer will handle this process for you. Deciding to Go to Trial for a Truck Crash Case Some of the most common injuries in truck accidents are those that will last a lifetime. You should never feel as if you have to settle your case for less than you are owed or will need for your care. At HawkLaw, we prepare every case for a possible trial so that we are ready to file a complaint if insurers won’t negotiate. How to Choose the Best Truck Accident Lawyer​ for Your Case Insurance companies want you to settle fast and for less. Truck companies just want to avoid fines and fees. You need the compensation owed to you so you can rebuild your life. With accidents involving truck drivers and companies, you want an experienced truck accident lawyer ready to fight for you. Look at our reviews, learn about previous truck accident settlements and verdicts we’ve obtained, and then schedule a free consultation* to see how we can help. HawkLaw, P.A. Protects You After a Truck Accident Before you file a truck accident claim, talk to HawkLaw, P.A. Our legal team is here to fight for you. Fill out our contact form now. We serve clients in Anderson*, Greenville, Spartanburg, Charleston, and Columbia. *Our Anderson office is by appointment only. Cases are largely handled out of our Greenville office. ### Average Settlement For Car Accident Back And Neck Injuries Back and neck injuries are common in car accidents due to the force of impact, velocity of the vehicle, and position of the passenger. The cost associated with repair and rehabilitation can quickly add up, becoming burdensome on the average person. Knowing the average settlement for car accident back and neck injuries can help you navigate your finances if you are an accident victim. At HawLaw P.A., we aim to help accident victims recover the highest settlement amounts so they can receive the treatments they need and move forward with their lives. It’s important to note that the amounts that follow are just averages. Each case is different, and no ethical attorney can guarantee you any set amount. As such, we at HawkLaw P.A. do our best to help you set realistic expectations about what you will be able to recover for your loss. Common Neck Injuries After a Car Accident Although neck injuries are common, some may not present symptoms at the scene of the accident. Pain from whiplash, for instance, may not be experienced for several hours or days post-accident. The most common neck injuries produced from a car accident include: Neck sprain or strain Recurrent muscle spasms Facet joint injuries Pinched nerves Slipped or herniated discs Broken neck Compression Stiff muscles and tendons Cuts and lacerations Each of these injuries can range from minor to severe, and will directly impact the amount of recovery the accident victim needs, and by extension, how much they are likely to collect in a settlement agreement. Average Settlement for Car Accident Neck Injury Claims Settlement amounts range due to numerous factors like: The severity of the injury. The type of injury you have, the amount of pain it causes you, and the impact the injury has on your life all play a role in the amount you will be able to collect. How many parties are involved. Some cases involve multiple parties, and thus, multiple insurance carriers. Having an experienced attorney can help you determine who is at fault, and how many carriers are involved.  Insurance policy limits. Insurance policy limits may be higher if certain types of vehicles were involved. For instance, if you are involved in a car accident with a large truck, the policy limits may be higher and harder to obtain.  Expected recovery time. Some neck and back injuries heal quickly, while others may result in permanent disability. Some studies show that at least 50% of accident victims who suffer neck and back pain still experience symptoms a year post-accident. A doctor is usually expected to provide an MMI statement, which means you have reached maximum medical improvement and are not expected to recover further.  The level of experienced representation you have. Experience means everything in a lawsuit. An experienced attorney can uncover all parties involved in an accident, including local authorities who may be responsible for unkept roadways or missing signage that led to an accident. An attorney is also the best person to help you determine the amount you are owed for non-economic damages.  As such, the following figures are estimates only, based on research compiled from national averages and South Carolina settlement data. Average Settlements for Catastrophic Neck Injuries A catastrophic neck injury is considered an injury to the cervical spine that results in permanent disability or death. The national average for these types of injuries ranges between $50,000-$150,000 or more, depending on the factors previously mentioned. Average Neck Injury Settlement Without Surgery Minor injuries have a wider variance for settlement compensation. Soft tissue injuries (which include muscle and tendon injuries) typically settle for amounts between $3,000 and $10,000. Moderate injuries, which involve more therapy, long-term pain, and additional treatments ,may settle between $10,000 and $50,000.00. Common Back Injuries After a Car Accident It is not uncommon to experience a back injury along with an injury to the cervical spine. Back injuries, like neck injuries, may not present pain immediately. Having a thorough head-to-toe medical evaluation post-accident is the best way to rule out these common back injuries you might experience after a car accident. Herniated discs Back strain and/or sprain Vertebrae fractures Facet joint injuries Degenerative spinal disorders Spondolylothesis  These injuries may also range from mild to severe, and the amount you can expect to collect will be determined by the severity of the injury, along with the factors previously mentioned.  How Much Is the Average Settlement for a Back Injury? Back injuries can be debilitating, even if they are considered minor. A sprained or strained back muscle can render you unable to effectively do your job or even complete daily tasks like caring for yourself or your dependents. Settlement amounts are influenced by numerous factors, and the figures below are only estimates based on national averages. Back Injury Settlements With Surgery Severe injuries such as herniated discs, fractures to the vertebrae, and catastrophic injuries that result in permanent disability or death can yield settlements between $50,000 to $150,000 and more. Your ability to make a full recovery and continue working to support yourself and your dependents will also play a role in the amount you can recover. Back Injury Settlement Without Surgery Minor and moderate back injury settlements yield settlements that are similar to mild and moderate neck injuries, with a national average that falls between the $3,000 to $50,000 and higher range. Neck and Back Injury Settlements: National Average vs. South Carolina Compensation South Carolina compensation amounts tend to mirror national averages, but there’s one caveat: our state follows a modified comparative negligence rule. This means that an accident victim can only recover damages if they are found to be up to 50% at fault for the accident. In such cases, the amount of damages they can recover will be reduced by their percentage of fault. If a victim is found to be 51% or more negligent for their accident, they are barred from collecting a settlement.  Can a Lawyer Increase the Average Settlement for Car Accident Back And Neck Injuries? No car accident attorney can guarantee the outcome of any case. At HawkLaw P.A., we carefully review your case, build strong arguments from solid evidence to support your claim, and pursue your ability to recover damages through a lawsuit, if needed. Having an attorney on your side, like a HawkLaw attorney, can be an advantage in helping you recover the most for both your economic and non-economic damages, and helping ensure your claim is filed correctly and timely.  Without an experienced attorney, you risk leaving money on the table that you may not realize you are entitled to collect. You may also find yourself wading through mountains of paperwork and attempting to keep up with communication from the insurance company while you simultaneously try to recover from your injuries.  Your solution? HawkLaw P.A. Our compassionate, thorough attorneys are experienced with South Carolina law and courts, and understand how to help you maximize your settlement and protect your interests if you were found at fault. Hurt Your Back or Neck in a Wreck? HawkLaw Wants to Help! We welcome the opportunity to serve you. Contact us today to schedule a consultation to review your case and learn about your options. HawkLaw P.A. is committed to personal injury claims and helping you obtain the compensation you need to take care of yourself. HawkLaw has offices in Anderson*, Charleston, Columbia, Greenville, and Spartanburg for your convenience. *Our Anderson office is by appointment only. Cases are largely handled out of our Greenville office. ### Blunt Force Trauma From a Car Accident: What to Do Next If you’re dealing with blunt force trauma from a car accident, you’re likely in a lot of pain. Maybe the pain started in your chest from the pressure of the seat belt or in your head from hitting the window. Injuries like these can be serious – even deadly. Knowing what to do next is critical to your health and safety. HawkLaw P.A. has helped people across South Carolina pick up the pieces after devastating crashes. If you’ve suffered blunt force trauma in a wreck, we’re here to help you through the next steps. What Is Blunt Force Trauma? Blunt force trauma is an injury caused by a blow from an object. Unlike with a penetrating trauma, the object does not break the skin. However, the impact can cause serious damage under the surface. What Should You Do if You Suffered Blunt Force Trauma Injuries in a Wreck? If you suffered blunt force trauma injuries following an accident, you should seek medical attention and care. But that’s not all – there are other steps you should take to help protect yourself, your future, and your potential injury claim. In the First 24 Hours Your adrenaline will be sky-high after the accident. That doesn’t mean you’re okay. Some of the most dangerous injuries don’t show up right away. Even if you feel fine, get checked out at the ER or an urgent care clinic. Tell the doctor exactly what happened, and tell them where you hurt. Get any imaging scans or tests they recommend. Next, document everything. Take pictures of your visible injuries. If you were able to take photos at the scene, make a backup copy. The same goes for contact info from anyone who saw the accident. Starting with the first day, keep a journal of your pain and other symptoms and how they progress. These details can make a huge difference if you end up filing a claim. Within the First Two Weeks Attend all of your follow-up medical visits. It might be tempting to lose focus on your medical care, especially if you start to feel better, but don’t. If you’re referred to a specialist, make an appointment. Follow through with any physical therapy your doctors recommend. Blunt force trauma from a car accident can cause hidden injuries that never fully heal. These can get worse in a hurry without the right treatment. By keeping all of your appointments, you can prevent complications and show insurers that you are doing your part to protect your health. This is also a good time to speak with one of our car accident lawyers. Don’t wait until an insurance company denies your claim or sends you a lowball settlement offer. The sooner you get legal help, the more options you have. In the Following Weeks and Months Continue to keep track of everything — medications, doctor’s notes, time missed from work, anxiety and emotional distress, receipts, and anything else you think might be relevant. If you experience new symptoms like headaches or memory issues, tell your doctor immediately. You might be dealing with a hidden brain injury. And stay on top of your claim. When HawkLaw P.A. is in your corner, we can handle the insurance side so you can focus on healing. But if you go it alone, know that delays, missed paperwork, and unclear communication can seriously hurt your chances of getting the compensation you deserve. How Can You Sustain Blunt Force Trauma From a Car Accident? Car accidents unleash an incredible amount of force in a fraction of a second. When a 3,000-pound car traveling at 45 miles per hour comes to a dead stop, your body doesn’t stop at the same time. That energy has to go somewhere, and that can be into your chest, your head, and your spine. It’s physics, and it’s brutal. You can suffer blunt force trauma from: Hitting the steering wheel during impact, especially if the airbag doesn’t deploy or deflates too fast Getting jerked back by the seat belt, which can cause chest bruising, cracked ribs, or even internal bleeding Smashing into the dashboard, which is common for passengers in head-on collisions Striking the seat in front of you if you’re in the backseat and not wearing a seat belt Whiplashing into your own headrest, leading to spinal injuries or concussions Being hit by loose objects that turn into missiles in a crash Being hit while cycling, walking, or riding your motorcycle, where there’s nothing to absorb the force except your body All of these situations can lead to severe trauma. If you’ve been in a car accident that injured you, turn to HawkLaw P.A. to learn how we can help. Serious Injuries Caused by Blunt Force Trauma When you suffer blunt force trauma from a car accident, some injuries won’t be visible but can still be life-altering. The most serious conditions include: A concussion or severe traumatic brain injury (TBI) Internal bleeding, which can be life-threatening if you don’t get emergency medical care Punctures to internal organs like the liver, spleen, and lungs, which can also be fatal if left untreated Spinal damage, including herniated discs, chronic pain, or mobility problems Spinal cord injuries that involve partial or complete paralysis Broken bones in the arms, legs, ribs, face, and pelvis, which are especially common in high-speed collisions Chest trauma from direct hits that damage the heart or lungs and cause painful bruising that makes it hard to breathe These types of injuries can change your life, and they need to be taken seriously. Does Blunt Force Trauma Kill Instantly? Sometimes. If the impact was hard enough to damage the brain, rupture a major blood vessel, or destroy a vital organ, death can happen on the spot or within a few minutes. Should You Hire a Car Accident Lawyer to Help You? Yes, but not just any lawyer. You need one who knows South Carolina law, who has gone toe-to-toe with powerful insurance companies, and who won’t back down when your future is on the line. You need HawkLaw P.A. We don’t charge a dime unless we win for you.* We investigate, negotiate, and (if it comes to it) fight for you in court. Our team understands how devastating vehicle crashes can be. We’re not afraid to take on complicated or high-stakes cases involving paralysis, TBIs, and other severe injuries caused by blunt force trauma. We also know how important it is to keep the pressure off your shoulders while you recover. That’s why our injury lawyers handle all of the legal heavy lifting — so you can breathe, heal, and rebuild. When You Suffered Serious Harm, Get Serious Help: Call HawkLaw P.A. You don’t have to go through this alone. If you or someone you love has suffered blunt force trauma from a car accident, it’s time to get legal help that fights back. Use our contact form to reach out now. You can also find HawkLaw P.A. in Anderson*, Charleston, Columbia, Greenville, and Spartanburg. Whether you’re struggling to cover medical bills, losing income from being unable to work, or just trying to make sense of what happened, we’re ready to step in. Our ultimate goal is to make sure that your voice is heard, your trauma is taken seriously, and the people responsible are held accountable. *Our Anderson office is by appointment only. Most cases will be handled out of our Greenville office. ### Unprotected Left Turn Accident Victim? Know Your Rights and Legal Options If you've been hurt in an unprotected left turn accident, HawkLaw P.A. wants you to know you're not alone and that you have rights. Whether you were driving, riding, or walking, understanding what happened can make a huge difference in your recovery and your ability to hold the at‑fault party accountable. Our South Carolina accident lawyers guide clients through every step after a crash, helping them explore legal options, understand fault, and pursue fair compensation.* What Is An Unprotected Left Turn? An unprotected left turn is made when the light is green, but it’s not a protected arrow. That means there's no dedicated signal granting you the right‑of‑way. Instead, you must yield to oncoming traffic before completing your turn. Protected vs Unprotected Left Turn A protected vs unprotected left turn is simple: a protected turn has a green arrow, giving you the exclusive green light to turn. An unprotected left is simply a green light without an arrow, meaning you must wait for a safe gap before turning and must yield to both lanes of oncoming cars. What Makes Unprotected Left Turns So Risky? Unprotected left turns rank among the most dangerous intersection movements because drivers cross paths with vehicles coming from multiple directions – oncoming traffic, turning vehicles, and sometimes even those behind you. One misjudgment can lead to t-bone accidents, head-on collisions, or multi-car crashes. Intersections are already hotspots; adding the unpredictable timing of unprotected left turns increases the risk of car accidents, especially in heavy traffic or when sightlines are poor. Left-Turn Risks for Pedestrians, Cyclists, and Motorcycle Operators Unprotected left turns aren't just dangerous for drivers. They pose even greater risks to vulnerable road users: Pedestrians. Drivers turning left often focus on oncoming vehicles, not pedestrians in the crosswalk. This oversight can lead to severe or even fatal accidents involving pedestrians. Cyclists. Bicycles are smaller and move faster than pedestrians, making them harder to see. A driver may check both directions and still miss a cyclist approaching the intersection. Motorcyclists. Motorcyclists are often overlooked for the same reasons as cyclists, but face even more severe injuries in a crash. When Semi-trucks Make Unprotected Lefts Now imagine the same scenario, but add a semi‑truck. These massive vehicles have wide turning radiuses, blind spots, and slower acceleration, making an unprotected left even more hazardous. Misjudging a traffic gap can be catastrophic. Wide‑turn truck accidents are serious, and if a tractor‑trailer was involved, our truck accident team in South Carolina can help you understand the added liability issues. Can I Turn Left on a Green Light in South Carolina? According to South Carolina Code § 56‑5‑970, left‑turning drivers must "yield the right‑of‑way to vehicles approaching from the opposite direction which are close enough to constitute an immediate hazard" and to pedestrians in crosswalks. That means, even with a green light, you need a clear path before proceeding. How to Be Safe at an Unprotected Left Turn Staying safe during an unprotected left turn starts with awareness and caution. Consider these pointers: Stay back about two car lengths from the crosswalk while waiting. Watch out for both vehicles and pedestrians and be mindful of cyclists. Look for brake lights; slow-moving oncoming traffic indicates a safer gap. Keep your wheels straight until it's safe. If you're hit from behind, this helps prevent being pushed into oncoming lanes. Use your turn signal early to give others a clear warning of your intent. Stay alert for vehicles running red lights because not everyone follows the rules at intersections. How HawkLaw P.A. Can Help After an Unprotected Left Turn Accident If you've been injured in a left turn accident, especially an unprotected one, HawkLaw P.A. in South Carolina is ready to assist. We are ready to assist South Carolina victims in exploring their legal options. Please reach out to us via our contact form. You don't have to face this alone. We serve clients throughout South Carolina from offices in Columbia, Charleston, Greenville, Spartanburg, and Anderson*. *Anderson office is by appointment only and cases are primarily handled out of the Greenville office. ### What to Do After an Intersection Accident Car accidents aren’t on anyone’s daily to-do list, making it unlikely that the average person knows what they’d do immediately after having one. Finding yourself in a disabled, crushed car in the middle of a busy intersection is frightening, especially if you are injured. Learning what to do after an intersection accident is key to avoiding panic and ensuring your safety and the safety of those around you. At HawkLaw P.A., our attorneys understand the necessity of getting medical attention and taking the necessary steps to protect yourself and your interests at the scene of the accident. Who Do I Call First After an Intersection Accident? It may be your knee-jerk reaction to call your partner or a loved one after an intersection accident, but the best number to dial is always 911. Even if no one appears to be injured, it is imperative to call the police to the scene of the accident. A police report can be a vital piece of evidence when attempting to file a claim.  Once you’ve called 911, calling a lawyer is the next step. At HawkLaw P.A., we are ready to speak to you from the scene of the accident and help coach you through the next steps. What Kind of “Evidence” Am I Supposed to Be Getting? Your lawyer is going to do the majority of the evidence collecting, but there’s some information that you can gather which is helpful for your case: Photographs. Take pictures of the cars involved, skid marks, the condition of the roadway, the intersection (from all angles), traffic signs, current weather conditions, and injuries.  Eyewitness contact information. Did anyone see your crash? If there were bystanders, other motorists, or shop owners who saw your accident, collect their names, phone numbers, and email addresses so you can contact them later. A police report. Sure, it might only look like a fender bender, but until you’ve had yourself and your vehicle fully checked out, you won’t know the extent of your damages. A police report can help establish fault and give you the evidence you need to file a claim.  The other party’s information. There may be several parties involved in your accident. You’ll need their contact information as well as their insurance carrier information.  If you are injured and unable to collect these items, ask a loved one to collect them for you, if possible. The more information you have, the better you’ll be able to recount the events of the accident when needed.  What Do I Tell the Police About the Crash? The best policy is to say as little as possible to anyone at the scene of your accident. Even saying “I’m sorry” could be deemed an admission of fault. Because South Carolina is an at-fault state, a driver who is found to be even partially at-fault for an accident may be held liable for costs associated with the accident. Anything you say to the police may be recorded in their report.  So be truthful about what happened, but don’t implicate yourself, and don’t embellish. If you’re unsure about something, say so. How Soon Should I Call an Attorney After an Intersection Accident? As soon as possible. Call from the scene if you can, or call us from the hospital. If that’s not possible, then call us as soon as you have that police report or once you’re discharged. The sooner we can get involved, the better. We don’t want any valuable evidence to be destroyed or to go missing, and we want to hear what happened while your memories are fresh. What Is the Leading Cause of Intersection Accidents? Intersections provide a major opportunity for accidents to occur. Numerous factors play into why these crashes occur, but the leading cause is driver error.  Drivers who fail to yield the right-of-way, do not follow posted traffic signs, and run red lights can easily cause accidents at intersections. In addition, failing to properly inspect the intersection before crossing can lead to an accident if a disabled vehicle is present or if a pedestrian or cyclist is using the crosswalk.  And one of the leading types of driver error is drunk or drugged driving. About 30% of all vehicle crashes involve a driver who was under the influence of drugs or alcohol. Drivers who operate their vehicles while impaired pose a risk to themselves and to other drivers on the roadways and cause serious accidents that can result in massive amounts of damage, bodily harm, and death. Holding these drivers accountable for their actions, and advocating for fair outcomes for their victims, is something our car accident attorneys are deeply committed to.  Although driver error is often to blame, there are also situations wherein roadways and traffic signals are not properly maintained, which can lead to accidents. Here are some of the primary reasons why accidents occur at intersections. At Blind Intersections A blind intersection is one in which a driver approaching the intersection cannot see 100 feet in front of them as they enter the intersection, due to an obstruction. These can happen due to the lay of the land, or due to overgrowth of foliage, or buildings that block the viewpoint the driver has. If the driver cannot see another vehicle entering the intersection, a crash can easily occur. At Controlled Intersections Controlled intersections are intersections that are governed by traffic lights, stop signs, or yield signs. Although you may assume that fewer accidents occur at a controlled intersection, that isn’t the case. Accidents occur at controlled intersections due to drivers failing to yield at yellow lights or yield signs, and blatantly running red lights. Additionally, if signs or lights are inoperable, an accident may occur. Who Is at Fault in an Intersection Accident? Determining fault in an automobile accident is important in determining who has the right to file a claim for damages. South Carolina follows a modified comparative fault law. This means that if a person is found more than 50% at fault for an accident, they are barred from seeking compensation from the other parties involved. If, however, a victim is found to be less than 50% at fault for an accident, they may recover damages, but those damages will be reduced by their percentage of fault. ​Where Do Most Traffic Crashes Occur? South Carolina is home to beautiful roadways and cities, but our most beautiful and populated cities are also littered with dangerous intersections. Charleston In the Charleston area, several intersections and exchanges are known for producing more accidents than others. These include: International Boulevard and I-526 Main Road and Savannah Highway I-26 and Ashley Phosphate Road Sam Rittenberg Blvd. and Ashley River Rd. These intersections present problems due to the volume of traffic they experience, particularly during rush hours. Greenville Greenville roadways are problematic due to seasonal weather, and due to the amount of outdoor activities (such as cycling) that take place on certain stretches of road. The most dangerous intersections include the following: Haywood Road at Pelham and Haywood Road at I-385 Pleasantburg Drive at: Antrim, Mauldin, Rutherford, Cleveland, and Villa Roads Academy Street and College Street Academy Street and Pendleton Street Laurens Road at Woodruff, Haywood, Verdae, and Millennium Roads These stretches of roadways are more problematic in winter months, or when conditions are rainy. Additional attention to these areas when the weather is inclement is essential to maintaining safety. Spartanburg The City of Spartanburg ranks fifth in South Carolina for the number of vehicle crashes. It is considered a highly accident-prone area. The following intersections with I-85 are particularly dangerous: I-85 and SC-290 I-85 and S-57 I-85 and SC-01 I-85 and US-29 I-85 and SC-14 Other streets that are problematic in Spartanburg include East Main Street, Pine Street, Church Street, Saint John Street, and John B. White Sr Boulevard. Anderson Anderson, South Carolina intersections are some of the most dangerous in the entire state. The most accident-prone intersections include: South Main Street and West Shockley Ferry Road Dairy Road and West Whitner Street West Shockley Ferry Road and South Murray Avenue These intersections are highly trafficked and some of them are surrounded by retail centers and restaurants, creating additional traffic and congestion. Columbia The roadways in Columbia are known for being congested, particularly during rush hour. These intersections are known for producing deadly vehicle crashes. I-20 and I-26 Interchange Two Notch Road at Trenholm Road Garners Ferry Road at Leesburg Road Assembly Street at Gervais Street Broad River Road at Bush River Road While more crash data is collected at these intersections, the potential for crashes at any intersection exists, no matter how many cars pass through it or how well it is controlled. Don’t Know What to Do After an Intersection Accident? Let HawkLaw Help! Contacting an attorney from the accident scene, hospital, or from your home is the correct first step for getting the representation you need to protect your interests and help you file a claim for your damages. Contact HawkLaw, P.A. today to speak to one of our experienced attorneys about your case. We have offices in Anderson,* Charleston, Columbia, Greenville and Spartanburg for your convenience. *Anderson office is by appointment only and cases are primarily handled out of the Greenville office. ### Why Is My Car Accident Settlement Taking So Long? If you have been involved in a car accident in South Carolina and are waiting on a settlement, it is common to wonder why your car accident settlement is taking so long. Whether you have suffered injuries, vehicle damage, or both, delays in compensation can create financial stress, frustration, and confusion, especially when medical bills and lost wages start piling up. While every case differs, certain factors frequently contribute to delays in car accident settlements. Some happen early in the process, during negotiations. Others arise after an agreement has been reached. Below, we will explain the most common reasons your claim might be dragging and what you can expect in a South Carolina car accident settlement timeline. ​How Long Does a Car Accident Settlement Take? There is no one-size-fits-all answer to how long a car accident settlement takes. Some cases resolve in weeks, while others can take several months – or even years – depending on their complexity. Many variables affect the timeline, including the accident's severity, whether there's a dispute over fault, and how cooperative the insurance companies are. Common Reasons for Delays During Initial Settlement Negotiations Sometimes, the initial phase of a car accident claim is where delays begin. These issues often stem from uncertainty around the accident details or challenges in establishing liability. There Are Disputes Over Liability One of the most common causes of delay is when the parties involved cannot agree on who was at fault. If the insurance companies disagree or if fault is shared, this can seriously slow negotiations. In South Carolina, determining fault is key to a successful settlement. If you are found partially at fault, it could impact your compensation. Complications increase if the at-fault driver was unlicensed or uninsured. If an unlicensed driver crashes your car, it can open up many issues, from liability questions to insurance coverage disputes. These cases require additional investigation and often extended negotiations. There's an Ongoing Investigation Some accidents require an in-depth investigation before settlement talks can move forward. This is especially true in serious crashes involving commercial trucks, fatalities, or drunk drivers. In cases involving a DUI, criminal charges may delay the civil claim process. Prosecutors, police departments, and sometimes federal agencies like the NTSB need time to conduct their investigations. This is common in high-speed highway collisions or when the other driver is under the influence. Your Injuries Have Not Fully Healed, or You're Still Undergoing Treatment Another reason for a delay is if you are still receiving treatment for injuries. Insurance companies typically prefer to settle once your condition has stabilized, meaning you have reached "maximum medical improvement" (MMI) after car accident injuries. Why does this matter? Because once your case is closed, you generally can not go back and ask for more money. That is why waiting until all medical care commences ensures that your compensation fully accounts for every doctor's visit, therapy session, surgery, and pain and suffering. Two business professionals signing documents at a table in a formal setting. Reasons for Delays After a Car Accident Settlement Has Been Reached Even after reaching a settlement agreement, you might still find yourself waiting. Here are the most common reasons for post-settlement delays. You Have Outstanding Bills or Medical Liens If you received treatment and have not paid all your medical bills, your healthcare providers or health insurance company may have placed a lien on your settlement. These liens must be paid before you receive your portion of the money. Depending on your coverage, medical providers, health insurers, and even Medicaid or Medicare may all be entitled to repayment out of your settlement. Understanding how health insurance interacts with car accident injury claims is important. Only after those liens are resolved will the rest of the settlement be released to you. The Insurance Company Is Not Acting in Good Faith Unfortunately, not all insurance companies act nicely. If your insurer is slow-walking your claim or using stall tactics, you could face a bad-faith situation. Here are some signs of bad faith: Unreasonable delays in communication or payment Failure to investigate your claim thoroughly Offering an extremely low settlement without justification Misrepresenting policy coverage or benefits Requiring excessive or irrelevant documentation Denying the claim without a valid reason How Long Does an Insurance Company Have to Pay a Settlement in SC? In South Carolina, once a car accident settlement has been agreed upon and all required documents have been signed and submitted, the insurance company typically has 30 days to disburse the settlement funds. This timeline is rooted in state law and industry standards, which aim to prevent undue delays that could financially burden accident victims. However, several factors can affect how quickly you receive your check; sometimes, it may take longer than 30 days. What Starts the Clock? The 30-day window usually begins once all of the following are in place: A signed settlement agreement by all parties Any necessary releases of liability Submission of supporting documents (such as final medical bills or lienholder information) Confirmation that all conditions of the settlement have been satisfied Until these steps are completed, the insurer is not technically required to issue the payment, so delays can often happen even after the settlement is "finalized" in principle. Two men shaking hands over a desk, symbolizing agreement or partnership in a professional setting. What Happens if a Claim Is Taking Too Long? Even after all documents are submitted, there are a few scenarios that can cause a delay: Outstanding medical liens: If a hospital, doctor, or health insurer has a claim on a portion of your settlement (known as a medical lien), those must be resolved and paid out before you receive your share. This process can take time, especially if there are multiple providers involved. Multiple parties involved: In cases where more than one person is entitled to a portion of the settlement, such as co-plaintiffs, lienholders, or subrogated insurers, the insurance company or your lawyer must carefully allocate funds. Insurance company processing delays: Some insurers move more slowly than others. While they are legally required to act promptly, administrative bottlenecks or internal reviews can slow things down. Bad faith conduct: Occasionally, an insurer might drag its feet intentionally. If they are delaying payment without a valid reason, this could constitute bad faith, which opens them up to legal action. You have options if your car accident settlement is dragging on without an apparent reason. You can: Contact your insurance adjuster for a formal update. Ask for a written explanation of the delay. File a complaint with the South Carolina Department of Insurance. Consult with a personal injury lawyer to escalate your claim. If the insurance company fails to issue your settlement payment within a reasonable time, and there is no valid explanation, they may violate South Carolina's insurance regulations. This could result in penalties; in some cases, you may be entitled to additional damages for the delay. If you are experiencing an unexplained or excessive delay, you must speak with an experienced South Carolina car accident attorney from HawkLaw P.A. As your legal representatives, we can take steps to hold the insurer accountable. We can help you determine whether your rights have been violated and what actions to take next. While the standard expectation is that you will receive your settlement within 30 days, real-world complications, such as outstanding medical bills, administrative errors, or uncooperative insurers, can stretch that timeline. Staying informed, organized, and legally supported is the best way to avoid unnecessary delays and ensure your settlement is paid promptly. ​Do I Need a Lawyer for a Car Accident Settlement? You do not technically need a lawyer to settle a car accident claim, but having one can make a huge difference, especially if you have been injured, the fault is disputed, or the insurance company is being difficult. Even if your injuries seem minor, having a South Carolina car accident attorney review your case can protect your future. Insurance companies have teams of lawyers working for them; you should have someone in your corner, too. Whether you are just starting the process or waiting for your check, remember: You do not have to go through this alone. At HawkLaw, P.A., we help accident victims throughout South Carolina and serve Anderson, Charleston, Columbia, Greenville, Spartanburg, and the surrounding areas. Our attorneys know how to deal with uncooperative insurance adjusters, fight for fair compensation, and correctly resolve your medical bills and liens. Contact us today for a free consultation*. ### Who Pays for Medical Bills After a Car Accident? Once the initial shock of a car accident subsides, the first question on anyone's mind is "Who's going to pay for my medical bills and the damage to my car?" Unfortunately, the answer isn't always straightforward. Who pays for medical bills after a car accident depends on the circumstances of the accident, the laws in your jurisdiction, the coverage of both drivers, and who can reasonably be considered liable. At HawkLaw, P.A., we understand the frustration that can come with communicating with insurance companies and trying to secure coverage, especially after you've experienced a traumatic accident. Below is some helpful information on how medical bills are resolved following a crash. If you have questions or need help filing a claim, contact us for a free consultation*. Determining Who Covers Medical Bills in a Car Accident South Carolina is an at-fault state, meaning that the driver liable for paying the medical bills of victims of a car accident is typically the one who is considered at fault for the accident. Of course, many drivers may be at fault for the same accident, so determining how much each driver pays may require a settlement negotiation process or additional investigation if liability is unclear. When Someone Else Caused Your Car Wreck If another driver was clearly at fault for your crash, their insurance should cover your medical bills — up to the limits of their policy. However, you can also pursue a personal injury claim to recover additional compensation if your medical bills exceed their coverage or if their insurance refuses to pay a fair settlement. When You Share Blame for a Car Crash If both drivers are at fault for the same accident, a percentage will be calculated to determine which driver is more liable for paying the medical expenses and the amount that they will be required to pay. This is a modified comparative negligence rule, and essentially it means that as long as you are less than 50% liable for the accident, you will be able to recover at least some compensation for your injuries. However, the amount you'll receive depends on the percentage attributed to the other driver. For example, if the other driver is found 90% liable for the accident, you will receive compensation for 90% of your medical bills. But if they're only 51% liable, you'll only receive compensation for about half of your expenses. When Can You Use MedPay After a Car Accident? If you carry MedPay as part of your car insurance policy, you can use it to pay your own medical bills regardless of who is at fault for the accident. This is true even if you aren't in the car. For example, if you are riding your bicycle and you are hit by a car, you can still use your MedPay. However, the coverage is typically much lower than what is needed to address serious accidents sustained in a car accident, so it's best used in combination with health insurance. What Happens If the Other Driver Is Uninsured/Underinsured? When a driver causes an accident and does not have insurance, or they flee the crash site during a hit-and-run, you will need to use your own policy to cover your medical bills. South Carolina requires all drivers to carry uninsured motorist coverage in the same amount as their liability coverage – generally, 25/50/25. If you purchased the additional coverage for underinsured motorists, you can use that to make up the gap between your bills and the coverage of the at-fault driver. Does Medical Insurance Cover Car Accidents? Absolutely. The initial cost when going through medical insurance can be high but even with high deductibles or copays, your health insurance typically has no cap on the amount of care it will cover. (And your MedPay can help offset the costs of your deductibles and copays, too.) Better still, insurers negotiate reduced rates with providers, meaning even if you have to reimburse your health insurer later or they defer to the other driver's car insurance, you’ll owe a lot less than you would have going directly through car insurance. This essentially puts a pause on payment requirements until after your case is resolved. Can Insurance Refuse to Pay Medical Bills? They can and they often do – but that's why you want a car accident lawyer from HawkLaw P.A. on your side. Insurance companies are notorious for denying claims, and it isn't always legal for them to do so. It's also not uncommon for insurance companies to try and trick you into lying or admitting fault for the accident so that they can justify a dispute or denial and not be required to pay for your medical bills. Our team fights back when insurers don't do the right thing. How Medical Bills Are Paid After a Car Accident Once you've reached a settlement with insurance or the court has ruled in your favor during a car accident lawsuit, the next step is receiving compensation for your medical bills. Your settlement will be paid in the form of a check to your attorney. From there, the attorney will pay any parties you're required to pay as a result of your settlement on your behalf. Lastly, attorney fees are calculated and subtracted from the settlement before the remaining amount is passed on to you. Will I Have to Pay Back the Insurance Company From My Award? It depends. You don't have to pay back anything you used through MedPay. And you won't have to pay back anything you obtained through your own uninsured motorists claims unless they catch the at-fault driver and you can successfully recover from him or her for compensation. The same is true with your healthcare; if you win an award, your doctors and their practices (like a hospital) as well as your health insurer will seek reimbursement for their services through medical liens. This process is called subrogation, and it is legal because the economic damages you secure are supposed to (in part) help you pay for your bills. If someone else paid those bills – in this case, an insurance company – then they can seek reimbursement for it. When your case is settled, your attorney will pay the insurance companies the money you owe out of the settlement you receive. Can Medicare or Medicaid Take My Car Accident Settlement? Yes, like other forms of health insurance, Medicare or Medicaid will require that you pay back the amount you received through subrogation. What If My Medical Bills Are More Than My Settlement? Unfortunately, you'll need to cover the remainder of your bill even if your settlement doesn't cover it. This is why it's important to have a, car accident lawyer with you during settlement negotiations. Once the negotiation process is done, the settlement amount is final and you won't be able to negotiate for more. Never agree to a settlement unless you've talked with your lawyer first. They will be able to advise you whether or not the amount is reasonable. Contact HawkLaw for Help If You Were Injured in a Car Accident No one should have to live with the uncertainty of whether their medical bills will be covered following an accident. Contact HawkLaw for a complimentary consultation* and we'll walk you through the steps of how you can seek fair compensation for your injuries. Proudly serving clients in Anderson, Charleston, Columbia, Greenville, Spartanburg, and throughout South Carolina for over 20 years. ### How to Get a Rental Car After a Car Accident If you have been injured in a car accident in South Carolina, securing a rental car is often a pressing concern. While property damage alone typically does not warrant legal representation, managing transportation becomes a crucial part of your recovery process when injuries are involved. At HawkLaw P.A., we help our injury clients with every aspect of their case, including their rentals. So today, we're addressing some of the questions we hear the most often from our own clients. My Car Was Damaged in a Wreck; What Do I Do? Report the accident to your insurance company. Obtain a copy of the police report. Take photos of the vehicle damage. Schedule an inspection with a repair shop. Contact the at-fault driver's insurance company to initiate a claim. Request a rental vehicle through your insurance or the at-fault party's insurer. Keep all receipts and documentation related to the rental. When Should I Get My Rental Car? As soon as possible. If your vehicle is undrivable, try to arrange a rental immediately after reporting the accident, especially if you're in a single-vehicle household. You'll need a way to get to doctors' appointments, after all. Do I Have a Choice in What Vehicle I Rent? Generally, yes. Insurance companies typically cover a rental comparable to your damaged vehicle. However, they may have agreements with specific rental agencies, which could influence your options. Always confirm with your insurer about approved rental providers and coverage limits. What to Bring to the Rental Company Valid driver's license Credit card for a security deposit Insurance claim number Proof of insurance coverage Contact information for your insurance adjuster What to Do If There Are No Rental Cars Available In situations where rental vehicles are scarce: Utilize rideshare services like Uber or Lyft: These can serve as temporary transportation solutions. Keep detailed records and receipts of all transportation expenses: Keep every receipt. You can claim these expenses as economic losses, but you have to keep records of them. Inform your attorney about the lack of rental availability: First, because you want to keep your attorney in the loop about every aspect of the case; and second, because you don't want any additional hassles if your ability to rent a vehicle is delayed. A person holding a key, poised to unlock a car door handle. Does Insurance Cover a Rental Car After an Accident? In most cases, insurance will cover a rental car after an accident. Usually, if the other driver is at fault, their insurance should cover your rental costs. If you're at fault, your rental coverage depends on your policy. Many insurers offer optional rental reimbursement coverage, which can be invaluable. Determining If Your Own Insurance Covers You Review your policy or consult with your insurance agent to confirm if you have rental reimbursement coverage. This coverage is especially beneficial if the at-fault driver is uninsured or unlicensed. Submitting a Claim Through the At-Fault Party's Insurance If the other driver is at fault, you or your attorney can: File a claim with their insurance company. Provide necessary documentation, including the police report and repair estimates, to support your claim and facilitate processing. Request rental coverage during the repair period. Be aware that the at-fault party's insurer may have limitations on rental duration and daily rates. Does It Matter If I Caused the Accident? Yes. If you're at fault, your eligibility for rental coverage depends on your policy. Rental reimbursement coverage assures you're not left without transportation during repairs. Should I Consider Using AAA or Another Service for My Rental Car? In some cases, a membership service like AAA can provide significant benefits when you need a rental car after an accident: Discounted Rental Rates: These services often partner with major rental car companies to offer members reduced daily rates, free upgrades, and sometimes even fee waivers. This can be especially helpful if your insurance policy has a daily rental cap (e.g., $30 per day), but the vehicle you need exceeds that rate. Guaranteed Availability: Some services offer priority booking or access to rental cars even when availability is limited Additional Coverage Benefits: Certain memberships include basic rental car coverage (such as liability or damage waivers), which may supplement what your auto insurance already covers. Help With Alternate Transportation: If no rental vehicles are available, some membership programs can also help coordinate alternate transportation, like rideshares, shuttles, or even temporary carpool services, depending on your level of coverage. Which Insurance Companies Offer Rental Coverage in South Carolina? South Carolina law requires that drivers carry liability and uninsured motorist insurance coverage. Many insurance policies offer optional rental reimbursement coverage, including: State Farm Progressive GEICO Allstate USAA Liberty Mutual Auto-Owners Insurance Farm Bureau American National Travelers Nationwide What Happens If Repairs Take Longer Than Expected? Even if your insurance (or the other driver's) covers a rental vehicle, there's usually a cap on how long you can keep it. Most policies limit rental coverage to around 30 days, sometimes less. That may be enough for minor damage, but short enough for serious repairs or parts shortages. So what do you do? Talk to your insurance adjuster: If your shop provides an updated repair timeline, your insurer may extend coverage. Get proof of delays: If your car is stuck in the shop due to supply chain issues or backordered parts, get documentation. It could help your case for an extension or reimbursement. Explore alternate transportation options: If rental coverage runs out, consider carpooling, public transport, or rideshare services. Keep receipts in case you're later reimbursed. A car is partially covered by a large fallen tree, with branches resting on its roof and hood. What Happens If My Car Is Totaled? If your car is declared a total loss, rental car coverage typically lasts until the insurance company makes a settlement offer, not until you receive the check or buy a replacement vehicle. That timeline can feel incredibly short when juggling recovery, finances, and vehicle replacement. Your rental coverage could end within a few days of the total loss decision, which can be especially frustrating if you're still recovering from injuries. Here's what to keep in mind: Act quickly once a vehicle is totaled. The faster you accept the settlement offer (assuming it's fair), the sooner you can move on to purchasing a new car. Ask your insurer for a written cutoff date. Knowing exactly when the rental ends helps you plan. Keep receipts if you pay out of pocket for transportation. If delays are due to the insurance process, your lawyer may be able to help recoup the extra cost. As with repairs, your insurance company may be flexible in extenuating circumstances, but extensions aren't guaranteed. The South Carolina Injury Lawyers at HawkLaw P.A. Are Here to Help After a Crash As accident lawyers in South Carolina, we know how overwhelming it can be to deal with the aftermath of a serious car accident. It's a lot, from physical recovery to dealing with insurance claims, transportation, and lost wages. That's why HawkLaw P.A. is here to help South Carolina injury victims every step of the way. While we do not take property damage-only cases, rental car issues often become part of a broader injury claim. HawkLaw P.A. is proud to fight for injured people throughout South Carolina. Contact us in Anderson, Charleston, Columbia, Greenville, or Spartanburg. ### Head-On Collisions | How Car Accident Victims Can Fight Back A head on collision occurs when two vehicles traveling in opposite directions collide front-to-front. This type of accident is one of the most severe types of accidents. Head on collisions often result in catastrophic injuries or fatalities because of the combined force of both vehicles upon impact. Whether you're driving a car, riding a motorcycle, or cycling, head on collisions can leave victims with lasting physical, emotional, and financial burdens. At HawkLaw, our experienced head on collision lawyers in South Carolina acknowledge the devastating impact these accidents can have. Our team is dedicated to helping people who have been victims of head on collisions across South Carolina, from Greenville to Charleston, secure the compensation they deserve. If you've been injured in a head on collision, we're here to fight for you. Why Are Head On Collisions So Dangerous? Head on collisions are extremely dangerous due to the tremendous forces involved. The energy released when two vehicles traveling at high speeds collide head on is significant, resulting in severe damage and injuries. Understanding the physics behind these collisions can illuminate their perilous nature. Physics of Head On Collisions In a head on collision, the kinetic energy of both vehicles combines, resulting in a powerful impact. For example, if two cars, each traveling at 50 mph, collide head on, the effect is similar to a single vehicle hitting a sitting object at 100 mph. This doubling of impact force dramatically increases the likelihood of severe injuries or fatalities. Upon collision, the vehicle's structure is designed to absorb some impact energy through crumple zones. However, the remainder of that force transfers to the vehicle's occupants, resulting in sudden deceleration and causing the body to move violently, potentially leading to: Traumatic Brain Injuries (TBIs): There is a wide range of injuries in this category, ranging from concussions to coma and more. Chest Injuries: When an accident causes the body to collide with the steering wheel or airbags, it can lead to rib fractures, lung injuries, or cardiac contusions. Lower Extremity Injuries: Legs and feet can be crushed or broken due to intrusion into the passenger compartment. Whiplash: This occurs when the neck snaps forward and backward, possibly injuring soft tissues and vertebrae. While most people recover from whiplash within 2-3 months, some live with this painful injury for years. The severity of these injuries underscores the critical importance of vehicle safety features and the use of seat belts. However, even with these precautions, the forces in a head on collision can overwhelm protective measures, leading to catastrophic outcomes. These injuries tend to be even more severe in a motorcycle accident. What Are the Leading Causes of Head On Collisions? Head on collisions, while less common than other kinds of accidents, often result in serious injuries and even fatalities. Understanding the primary causes can aid in prevention and highlight areas where drivers need to exercise caution. Driver Negligence A significant number of head on collisions stem from driver negligence, which includes: Distracted Driving: Any activities such as texting, eating, or adjusting the radio cause distraction from focusing on the road and oncoming traffic, increasing the risk of accidents. Drunk Driving Accidents or Impaired Driving: Driving a vehicle while under the influence of alcohol or drugs impairs your ability to operate the car safely. Fatigue: Drowsy drivers may fall asleep at the wheel or experience microsleeps, which can cause them to drift into opposing lanes. Speeding: Excessive speed reduces the driver's ability to react to unexpected situations, making it difficult to maintain control and stay within the correct lane. Road Design and Conditions Certain road features can contribute to head-on collisions: Undivided Highways: Undivided highways increase the risk of vehicles crossing into oncoming lanes. Sharp Curves: Limited visibility and the need for precise curve handling can lead to lane departures if drivers are inattentive or speedy. Poor Road Maintenance: This includes potholes, faded lane markings, and insufficient or missing signage, and can cause drivers to veer into oncoming traffic. Adverse Weather Conditions: Rain, fog, ice, and snow can diminish visibility and traction, raising the risk of losing control and veering into oncoming lanes. By recognizing these factors, drivers can take proactive steps to mitigate risks, such as staying alert, adhering to speed limits, and adjusting driving behavior according to road and weather conditions. When other drivers don't take those precautions, you can trust the South Carolina car accident attorneys of HawkLaw to protect your rights and future. Who Is Liable for a Head On Collision in South Carolina? Depending on the circumstances of the accident, several parties may be held responsible in South Carolina. Negligent Drivers: The most common liable party, especially if the driver was distracted, impaired, or violating traffic laws. Trucking Companies: If a commercial driver causes a collision in a truck accident, the trucking company may be liable. Vehicle Manufacturers: Defective vehicle parts can lead to loss of control and subsequent collisions. Government Entities: Poor road design or maintenance can contribute to accidents, potentially exposing municipal or state agencies to liability. How South Carolina's Modified Comparative Negligence Rule Affects Liability In South Carolina, the at-fault party is the one who pays for the damages and losses you sustain. Fault is determined by examining evidence such as: Police accident reports Witness statements Traffic camera footage Vehicle damage analysis Accident reconstruction testimony But sometimes there is more than one at-fault party, and that can affect who pays. Under South Carolina's modified comparative negligence rule, even if the injured party is partially responsible for the accident, they can recover a percentage of the damages. For example, if you are found to be 20% at fault for a head on collision and the total damages amount to $100,000, you would be eligible to recover $80,000 after the 20% reduction. However, South Carolina's rule follows a 51% bar. If you are found to be 51% or more at fault, you are barred from recovering any compensation. This aspect of the law makes it essential to prove that most of the fault lies with the other party involved in the collision. Insurance companies often use the modified comparative negligence rule to their advantage by shifting as much blame as possible onto the victim to minimize their payout. For example, if the opposing party claims that you were partially distracted by your phone at the time of the accident, even if you were the one who was hit by another vehicle, they may argue that this distraction contributed to the crash. This could reduce your compensation significantly or even bar you from recovering damages altogether if they push your fault percentage above 50%. Our head on car wreck lawyers in South Carolina can fight back on your behalf so you aren't denied the compensation you deserve. What Happens When the At-Fault Driver Is Underinsured/Uninsured? Victims can turn to their insurance policies if the at-fault driver lacks sufficient insurance coverage. South Carolina requires drivers to carry uninsured motorist (UM) coverage, which can help you when the at-fault driver has no insurance. Additionally, underinsured motorist (UIM) coverage can be utilized when the at-fault driver's insurance is insufficient to cover the damages. Review your insurance policy to understand the extent of your UM and UIM coverage. Note: if you opted for Medical Payments coverage, or MedPay, you can use that to offset your medical care regardless of who is at fault. MedPay can be used for deductibles and medications, and other medical expenses that your health insurance doesn't cover. Head On Collisions Can Lead to Catastrophic Injuries The severe nature of head on collisions often results in life-altering injuries. Understanding these potential injuries highlights the importance of seeking immediate medical attention and legal assistance. The most serious ones include: Traumatic Brain Injuries (TBIs): Ranging from concussions to severe brain damage, TBIs can have long-term cognitive and physical effects. Spinal Cord Injury: Paralysis (complete or partial) can occur as the result of a head on collision, necessitating lifelong care. Fractures: The force of impact can cause multiple bone fractures, requiring surgeries and extensive rehabilitation. Internal Injuries: Multiple organs can be damaged, leading to life-threatening conditions if not promptly treated. Death: Head on collisions accounted for nearly 30% of all fatal accidents in 2022, per the National Safety Council. Injuries Specific to Children Children are particularly vulnerable to head on collisions due to their smaller size and still-developing bodies. Common types of force-of-impact child injuries include: Brain Injuries: Even with child safety seats, head on collisions can cause significant head trauma in children. Because children's brains are still developing, pediatric brain damage can compound over time. That means the child's cognitive delays are more likely to get worse, not better. Chest Injuries: Chest injuries (like rib fractures and lung contusions) are common due to the pressure from seat belts or impact on the seat in front. Growth Plate Fractures: Children's long bones have cartilage at the end of them. These are their growth plates, and damage to these areas can leave a child permanently disfigured. Spinal Injuries: Children's spinal columns are more flexible, making them susceptible to spinal cord injuries during a severe collision. Properly securing children in age-appropriate car and booster seats is essential to minimizing injury risks in head on collisions. Frequently Asked Questions About Head On Collisions in South Carolina How Does a Car Accident Lawyer Prove the Other Driver Is to Blame? A South Carolina car accident lawyer from HawkLaw can investigate the collision by assembling evidence such as witness statements, traffic camera footage, police reports, and accident reconstruction analysis. Our team may also examine vehicle damage and obtain testimony to establish driver negligence. Should I See a Doctor After a Head On Crash, Even If I Feel Fine? Yes, you should see a doctor immediately after any car accident. Some injuries may not present symptoms right away. Prompt medical evaluation protects your health and provides necessary documentation for your injury claim. How Long Do I Have to File a Car Wreck Claim in South Carolina? In South Carolina, you generally have three years to file a personal injury claim from the accident date. Missing this filing window can result in losing your right to seek compensation. Which Seat Is Safer in Head On Collisions: the Front of the Back? Surprisingly, the front seat may be safer than the back seat in more modern cars. While front-seat occupants are closer to the point of impact, back-seat passengers are not immune to injuries. The lack of front airbags and the potential for being thrown forward increase the risk of injury for back-seat passengers. A 2019 study by the Insurance Institute for Highway Safety found that the back seat was less safe than the front in the event of a head on collision. What Damages Can I Claim for a Head On Car Accident? Victims of head on collisions can claim various damages, including: Medical expenses (current and future) Lost wages and earning capacity Pain and suffering Emotional distress Property damage Loss of consortium     What If My Loved One Dies From Their Injuries While the Claim Is Pending? If a victim passes away due to injuries sustained in a head on collision while their claim is pending, the claim can transition into a wrongful death claim. An attorney from HawkLaw can explain how that transition occurs, and help you pursue compensation for funeral expenses, loss of income, and emotional anguish in additional to any other damages. Can I Afford a Head On Collision Attorney in South Carolina? At HawkLaw, we work on a contingency fee basis, meaning you pay no upfront fees.* If we don't win, you don't pay*. Our goal is to make legal representation accessible to all car accident victims in South Carolina. Do You Have a Car Accident Lawyer Near Me? HawkLaw proudly serves clients across South Carolina, with offices in Anderson, Charleston, Columbia, Greenville and Spartanburg. Our experienced car accident lawyers in South Carolina are ready to help you seek justice after a head on collision. Injured in a Head On Collision? Our Lawyers in South Carolina Fight Back If you or a loved one has been injured in a head on collision, you don't have to face the aftermath alone. HawkLaw's dedicated car accident lawyers in South Carolina are committed to fighting for the compensation you deserve. Contact us today for a free consultation*. ### Can Police Write Tickets in a Car Accident? After a car accident, many drivers are understandably concerned that their insurance rates might go up or they might not get fair compensation for their injuries or damage to their car. But depending on the circumstances of the case, the police can write tickets at the scene of the car accident – and you may end up with one yourself. Whether you're facing a ticket or not, you want to call a South Carolina car accident lawyer as soon as possible. It could mean the difference between recovering compensation, or finding yourself with hefty bills you have to pay out-of-pocket. What Are the Most Common Tickets in Car Accidents? The common tickets that might be issued by police after a car accident in South Carolina include: Driving Under the Influence: In South Carolina, police can arrest someone for drunk driving if they suspect the driver of being impaired. Because our cops don't use roadside breath tests, this arrest will be based on the result of the field sobriety tests. The responding officer may end up issuing a ticket after an arrest. Speeding: Speeding is one the most common causes of accidents. If there is evidence that a driver was speeding prior to the accident, they can be issued a speeding ticket. Reckless Driving: Someone who drives their car with a "wilful or wanton disregard for the safety of persons or property" can be charged with reckless driving, a misdemeanor crime. Texting While Driving: If a driver was texting and driving and an accident resulted from their reckless behavior, they may be issued a ticket for it. Driving With a Suspended License: One of the first things that a police officer asks for following a ticket is the driver's license of all drivers involved. If one of the drivers fails to produce their license, they may be issued a ticket. Driving Without Insurance: Having valid proof of insurance is a legal responsibility of all drivers. If a person is driving without insurance when an accident occurs, they will likely face both liability in a civil suit and criminal charges for breaking the law. Failure to Yield: In many cases, there may be evidence of a driver's failure to yield and causing an accident as a result. If this happens, they may receive a ticket in addition to liability for their actions. Can Police in SC Write Tickets If You Don't Stop Your Car After a Crash? Absolutely. Regardless of the seriousness of the accident, if two cars collide, both drivers are expected to stop. If Driver A hits Driver B while Driver B was not in motion, Driver A is expected to stop. If they fail to do this, they will most likely be charged with a hit and run, which can be a felony in South Carolina if there are any serious injuries resulting from the crash. If you crash your car and no other drivers or pedestrians are involved, you may be able to avoid interaction with police if the accident does not result in injuries or significant damage to your own vehicle. However, if you intend to file an insurance claim later, you must call the police to inspect the crash site. If your vehicle has sustained over $1,000 in damage, you'll also need to notify the South Carolina DMV within 15 days. Can a Driver Get a Ticket in SC If Someone Is Injured? Yes, and in fact, if reckless driving was determined to be the cause of the accident, the penalty for the crime can be compounded by the seriousness of the resulting injuries. For example, in South Carolina, if a drunk driving accident results in "great bodily harm," the responsible driver will face a mandatory penalty of $5,100 to $10,100 and potentially between 30 days and 15 years imprisonment. Can a Driver Get a Ticket If a Car Accident Is Fatal? There are numerous citations that a driver may face if law enforcement determines that they cause the death of another driver or pedestrian including vehicular manslaughter, or aggravated charges related to the crime, whether it was drunk driving, reckless driving, or distracted driving. Can a Traffic Ticket Be Used as Evidence in a Car Accident Claim? Yes, a ticket can be used as evidence to support your claim that another driver was negligent. This is especially so if the traffic violation that they were charged with had a direct influence on the accident taking place. While building your case, one of our South Carolina car accident lawyers will look at traffic records to see if the other driver was ticketed. While the ticket alone may be able to be used as evidence, if the other driver is convicted of the charge, the likelihood of a reasonable settlement is greater. Traffic Tickets vs. Police Reports Traffic tickets are valuable for pointing to fault in a car accident case, but if a police report points to one driver being more at fault than the other, this can be an even greater resource. While tickets typically give some insight such as the crime committed, as well as the name of the driver, vehicle, date, and time, the police report is often much more comprehensive and can offer more details such as weather conditions, skid marks, description of the damage and injuries, witness testimony, and many other important factors in your case. Can I Still Bring a Car Crash Claim If No Ticket Was Issued? Of course. While it can be easier to make a case for the other driver's liability if they were charged with a traffic violation in connection with your case, there are many other pieces of evidence our firm can collect to support your case such as witness statements, expert testimony, medical records, traffic reports, and photo or video evidence. Our experienced team of car crash attorneys can help. If a Traffic Ticket Is Dismissed, Does My SC Car Accident Lawsuit Get Dismissed, Too? No. Criminal cases are handled by a separate court and process than personal injury cases. If there are criminal charges brought against a driver in a car accident case, they will be addressed by the Municipal court, Magistrate court, or in more severe cases, the General Sessions Court, all of which handle traffic or criminal violations. However, when a person files a car accident suit against a negligent driver for causing them injury or damage to their vehicle, it will be handled by the circuit court which handles personal injury lawsuits. If a person is found not guilty in their traffic ticket case or the charge is dismissed, they can still be held responsible for any negligence that may have caused someone to get hurt or damage to their property. What's more is that in civil cases, the burden of proving liability is much less than proving guilt in a criminal case. If I Was Injured as a Passenger and My Driver Got a Ticket, Can I Still Bring an Injury Claim? A person who is charged with a traffic violation can still be sued for damages by any potential victims of their actions. This includes passengers in their car at the time of the accident, other drivers, or pedestrians. For example, if a driver hits a guard rail and their passenger breaks a bone or sustains a spinal injury as a result, they can sue the driver whether they are charged with reckless driving or not. Do You Have a South Carolina Car Accident Lawyer Near Me? HawkLaw maintains offices in Anderson, Charleston, Columbia, Greenville, and Spartanburg, and proudly serves clients all over South Carolina. If you are too ill or injured to travel, we can schedule a free* video or phone consultation. Contact HawkLaw for Help After a Car Crash in SC Injured in a wreck? You don't have to be alone. The South Carolina car accident lawyers of HawkLaw have spent decades representing folks just like you. When you're ready to fight, we'll be here. Contact HawkLaw for a free consultation* today to learn how we can help. ### Can You Die From a Head On Collision? Head on collisions are one of the most violent forms of accident wrecks. The risks of a fatality in this type of crash are quite high. If your family member died in a head on accident in South Carolina, hiring a wrongful death attorney is a critical step in protecting your right to compensation. Fast Facts About Fatal Head On Collisions in South Carolina The National Security Council shares that, of the 46,027 crash deaths in 2022, head on collisions accounted for 29.6%, taking the lives of 5,800 people. Though head on collisions account for a smaller percentage of the types of accidents that occur, the rate of fatalities and serious injuries is often much higher. Collisions like these occur in our community regularly. Late in January 2025, two people died when their vehicles collided in a head on collision along S.C. 121 Highway at JDM Road just to the south of Saluda. Both drivers perished at the scene of the accident. Another incident took place earlier in the month when an 18-wheeler traveling east along SC Highway 5 collided head on with a car. The incident, which took place near East of Blacksburg, left the driver of the car dead at the scene. What Happens to a Car in a Head On Collision A head on collision creates an incredible risk of serious injury. To get a better understanding of this, consider what happens just to the car itself when two vehicles collide head-on into each other. During a head on collision, the front end of each car strikes each other, either directly or slightly off-center. When this happens, the vehicle’s design works as somewhat of a shock absorber, and the “crumple zones” take most of the force. These zones, located on the front and front sides of the car, work to minimize the amount of energy that transfers to the people within the vehicle. The impact will damage the frame of the vehicle. The engine could be impacted, especially if an 18-wheeler slams into a smaller car. The vehicle will likely have serious damage on both front sides, with the front interior often becoming inaccessible due to the damage to doors. In these car accidents, the amount of force present can cause the vehicles to flip or roll on their side. It can also cause the vehicle to split into two pieces, depending on the angle and types of vehicles involved. What Happens to the Human Body When a Car Is Hit Head On? Now, consider the person in the front seat of the car behind the wheel. Your body is moving at 60 miles per hour and suddenly, in a matter of just a few feet, it comes to a crashing halt at 0 miles per hour. Even though the seat belts hold a person’s body in place, your heads keeps moving. The brain, which is floating in a jelly-like substances inside the skull, does not stop instantly. Instead, the brain pounds forward at the same rate of speed the vehicle was traveling in prior to the accident. Because the brain does not stop moving, it slams into the front portion of the skull, a bone that is so hard that it causes the brain tissue to smash, often flattening it out and causing irreversible, instant damage. The brain is not the only organ that suffers from this type of fate. Most of the internal organs, such as the lungs, heart, and gastrointestinal system, are also “floating” within the body. When the vehicle suddenly stops, the organs slam into the front portion of the body and the rib cage, also suffering severe tearing and damage. This leads to significant internal organ failure. What Happens in the Moment of a Crash Another way to consider what could occur in a head on collision is to look at the specific ways a person’s body reacts: The frontal impact causes a person’s head to move forward rapidly, often hitting the steering wheel or the dashboard. The muscles, ligaments, and tendons in the neck stretch to accommodate this rapid forward movement, often causing serious tears in those tissues. The lungs crash into the back of the rib cage, causing pulmonary contusions and rib fractures. These fractures can puncture the lungs, limiting oxygen access. Damage to the exterior surfaces of the body, such as the face and abdomen, is also likely due to the impact with the car’s dashboard or flying glass shards. However, it is the damage to the brain that causes many people to die. Can You Die on Impact in a Head On Collision? The rapid deceleration of the body and brain can cause serious internal injuries and brain damage, leading to fatalities at the time of impact. Because the brain is impacted severely in these accidents as it hits the front of the skull, this can eliminate function of the brain, causing death. Additionally, other injuries, including punctures to the heart or lungs or serious tearing of the ligaments in the neck, can cause damage to the spinal cord, including severing it in some situations, leading to instant death. While there’s limited information available about the number of people that die on impact, and data from studies is older, those involved in a serious car accident can die at various times. About 46% of people who die in car accidents do so within the first 30 minutes of the crash, with 90% dying within 24 hours, with 52% of those resulting from head injuries. Non-Fatal, Catastrophic Injuries From Head On Collisions Head on collisions often result in fatalities, but those who survive may have a number of different types of injuries, including catastrophic losses: Traumatic Brain Injuries Traumatic brain injuries cause damage to the tissues within the brain. They can vary in severity, with some of the most common including: Concussions (ranging from mild to severe) Bleeding on the brain Penetration into the brain tissue Skull fractures Hematomas This may lead to a loss of cognitive function, including impairment of speech and thinking patterns. Some people may suffer serious damage to brain tissues that leads to a vegetative state or long-term coma when involved in head on truck accidents. Spinal Cord Damage and Paralysis The spinal cord runs through a series of bones called vertebrae. In a head on wreck, it is very common for changes in the alignment of the spinal cord to occur, causing injuries such as: Fractures or crushing of the vertebrae Damage to the spinal column Cervical trauma leading to quadriplegia and permanent paralysis Thoracic trauma, causing paraplegia and permanent paralysis Lumbar damage, resulting in mobility loss to the hips and legs Disc herniation, leading to chronic pain and limited mobility Vascular lesions, including damage to the blood vessels in this area Both complete and incomplete damage to the spinal cord can occur, causing permanent or temporary loss. Traumatic Amputation It is possible that the force and rapid deceleration involved in a head on collision can cause traumatic amputation. The most common forms include the loss of limbs, such as an arm or leg, or digits, such as a finger or toe. Traumatic amputation is not as common in head on collisions or any car accident as in other types of accidents. However, when it occurs, it can lead to lifelong deformity and mobility loss for the individual. Organ Damage The rapid deceleration process causes the organs within the abdomen and chest cavity to slam rapidly into the ribs and external walls. This causes serious damage to the tissues and blood vessels. This can result in: Rib fractures Lung puncture Heart punctures Internal bleeding Liver damage Kidney damage Permanent Scarring and Disfigurement Those who survive a head on collision may have numerous lacerations and wounds to their body. Permanent damage and scarring may occur to any tissues of the body, including the face. In some situations, surgical repair to reconstruct the head, upper body, or legs can lead to deformities that are both aesthetically painful and debilitating in terms of mobility. Other Potential Injuries A head on wreck can cause numerous additional injuries, including: Broken bones with complex fractures Neck damage Burns Lacerations Facial tissue injuries Facial bone damage Whiplash Whiplash is one of the most common serious injuries associated with head on collisions. When the car stops due to the collision, the neck muscles, ligaments, and tendons must flex and stretch to allow the head to continue moving, but there are limits. The head then is brought backward due to the force present, causing a rapid, whip-like motion. This leads to numerous injuries to these muscles and soft tissues, often with serious consequences in head on collisions. How HawkLaw Can Help You File a Wrongful Death Lawsuit in South Carolina Families of those who die in a head on collision need legal guidance to pursue fair compensation as a result of that loss. Under the South Carolina Code of Laws Ann. Sec. 15-51-50, wrongful death claims may be possible for heirs or family members to pursue. This includes: Spouse Children Parents of the deceased person if there was no spouse or child Heirs at law if no parents, spouse, or children are present Wrongful death claims may include recovery of medical costs, funeral, and burial losses, as well as pain and suffering of the family. It may also include lost wages prior to the injury occurring as well as lost expected wages following the person’s death. Survival Actions Survival actions, or survivorship claims, allow a person who has suffered injury but does not die immediately to recover damages for their losses. Survival action is different from a wrongful death claim in that it includes losses for the timeframe between the accident and the person’s eventual loss of life. Damages in Head On Collisions Damages in a head on collision may include: Medical expenses from the emergency care provided Hospitalizations and surgical care provided Rehabilitation in the hospital and at home Modifications to homes and transportation due to disability Loss of wages Loss of earning capacity Pain and suffering Mental anguish Property damage Loss of companionships The damages you can claim will be based on the circumstances of your loved one's accident. The head on collision lawyers at HawkLaw can explain how the process works. What Happens If My Loved One Dies Before Their Claim Is Settled? It is not uncommon for a person to survive a head on collision but to succumb to injuries in the days, weeks, or even several months after the car accident occurs. In these situations, the heirs or the family members may proceed with a wrongful death or survival action to recover damages related to the losses. How Much Is a Fatal Head On Collision Worth in South Carolina? It is impossible to put a dollar amount on the value of a fatal head on collision due to the specifics of each situation. These claims may range from $25,000 to millions of dollars in loss. Age, health, cause of the accident, and other factors play a role in the expected value of these cases. Compassionate Counsel From South Carolina Car Accident Lawyers Head on collisions change a person’s life. With the guidance of a head on collision lawyer, you gain the knowledge you need to pursue justice in these tragic situations. Set up a free consult* with HawkLaw now to learn more about your rights to recover the losses you incurred. We fight for justice for victims throughout South Carolina. ### T-Bone Accidents | What South Carolina Drivers Need to Know If you are injured in a T-bone collision, hiring a South Carolina car accident lawyer can help you get the compensation you need to cover your expenses. T-bone accidents may result in serious injuries and thousands of dollars in damages. An experienced attorney from HawkLaw can handle your claim while you focus on recovery. What Is a T-Bone Accident? A T-bone accident is a type of car wreck that involves a collision that forms the letter “T,” hence the name. For this type of accident, one vehicle will strike the side of another. Side-impact crashes can quickly total cars and result in serious injuries for drivers and passengers in the vehicle that was hit. Side-strike accidents are particularly dangerous due to the lack of protection the driver and passengers have between their bodies and the vehicle that creates the impact. The rear bumper and trunk provide some protection to the passengers inside in a rear-end crash, for example. In a side-strike crash, the only protection is the thin door panel and/or a side-impact airbag, if one is available. T-bone accidents can be deadly, and they frequently happen in specific, high-travel areas. In 2022, 3,551 side-impact crashes resulted in fatalities. Where Do Most T-Bone Accidents Happen in SC? Most T-bone accidents in South Carolina happen: At Intersections. Intersections represent the most common place where a T-bone accident may occur. Broadside collisions occur when one driver fails to yield. For instance, if one driver fails to yield at a red light and strikes a vehicle passing through the intersection traveling in the opposite direction. During Turns. A T-bone accident may occur when one vehicle attempts to make a left-hand turn and fails to yield to oncoming traffic, striking a traveling vehicle. On Dangerous Roadways. Some roadways are more dangerous than others. In South Carolina, Interstate 95 and Highway 9 top the list. These roadways are responsible for numerous types of accidents, including T-bone collisions. At On-Ramps. When one vehicle is attempting to merge into traffic from an on-ramp, failure to yield to the oncoming traffic can cause a T-bone collision. This particular type of collision may be particularly dangerous because the vehicle that is already traveling on the road is likely traveling at a much higher speed than the vehicle attempting to merge. What Kinds of Injuries Result from Side-Impact Crashes? Injuries from T-bone car wrecks can result in long-term recovery and a complete change in how a person can live their life. Some of the most frequently sustained injuries include scarring, broken bones, and traumatic brain injuries. Traumatic Brain Injuries Traumatic brain injuries, or “TBIs,” are caused by a strike or blow to the head, or the penetration of an object into the skull. TBIs can also occur from whiplash, when the neck whips with such force that the brain strikes the skull, causing an injury. TBIs may leave a person permanently impaired. Spinal and Cervical Vertebrae Fractures The force with which a vehicle hits another in a T-bone collision can cause the spine to contort violently, resulting in breaks and herniations. Broken necks and backs can be common in a T-bone accident. These types of injuries can take months or years for complete recovery. Broken Bones Broken bones can happen with any type of vehicular accident. Bones that commonly break during a side-impact collision include the collar bone and hip. These bones are compressed and broken due to the force of impact when the two vehicles collide. It is also common for T-bone accident victims to have broken legs and arms. Organ Damage Internal organ damage may occur during a T-bone accident. Even if you are not visibly injured after a side-strike car accident, you may have internal bleeding or organ damage from the impact. Internal organ damage may not result in immediate symptoms but can become life-threatening in some situations. Paralysis In some cases, spinal and/or brain injuries may be so severe that they result in partial or total paralysis. Spinal cord injuries may be temporary or permanent and require lengthy treatment and rehabilitation. Paralysis may result in the need for 24/7 care for the injured person. Facial Scarring and Disfigurement Cuts, lacerations, and burns may also occur during a T-bone accident. Scars can lead to permanent disfigurement that can also result in psychological trauma. Non-economic damages may include compensation for these types of injuries. Loss of Limb/Traumatic Amputation In some side-impact crashes, a limb is damaged due to crushing or cutting by vehicle parts. In severe cases, limbs may be traumatically amputated during the crash or may need to be surgically amputated after the crash. Rehabilitation and/or prosthetics will be needed in these scenarios. Psychological Injuries Being in an accident is a traumatic event. Whether or not you sustain physical injuries in your T-bone accident, you may sustain psychological trauma. Psychological trauma may cause a person to have depression, anxiety, or paralyzing fear about riding in or driving a vehicle. Psychological trauma is real and can be utterly debilitating. It’s incredibly important to have a head-to-toe medical assessment performed after an accident as some injuries may not be visible. Internal injuries have the potential to become fatal, and early detection of these injuries can save lives. The Impact of T-Bone Crashes on Back Seat Passengers T-bone crashes can leave back-seat passengers with the same type and severity of injuries as drivers and front-seat passengers. These injuries may also be complicated when considering that children are often the passengers sitting in the back seat of vehicles. Wearing safety belts and using appropriate child car seats can reduce the risk of injuries to back-seat passengers and children. Pets may also occupy space in the back seat of vehicles. While transporting your pet in your car, you can give them better protection by keeping them in a protective crate and/or using a pet-safe harness. If your car does have side-impact airbags, make sure they are in good repair and that your back-seat passengers are riding in a safe position so that the deployment of the airbag is efficient. T-Bone Accidents Involving Motorcycles The sheer lack of protection a rider has makes motorcycle accidents more dangerous and more likely to result in catastrophic or fatal injuries. T-bone accidents can occur when car drivers do not see motorcycles in their peripheral vision and cut them off, resulting in the motorcycle crashing into the vehicle. It is almost always the operators of the motorcycles who suffer the extent of the injuries, even though they may be the ones who are responsible for the collision. Why Do T-Bone Accidents Happen in South Carolina? The most common causes of T-bone accident in South Carolina include: Distraction. Smartphone use, talking to other passengers, looking away from the road, and driving with loud music all contribute to distracted driving. Not obeying speed limits. Speeding is a prominent factor in car accidents. Driving while under the influence. Drugs and alcohol severely impair reaction time, and driving under their influence can lead to accidents. Reckless driving. Driving significantly over the speed limit, not obeying posted traffic laws, and driving aggressively are all forms of reckless driving. Weather. Accidents are more likely to occur when it is raining or when it is more difficult to see. Vehicle malfunctions. Accidents may occur when a car has engine trouble, a tire blowout, or other mechanical issue. Driving while fatigued. Fatigued drivers are impaired drivers. Driving when you are tired can lead to accidents. Side-impact crashes are most frequently the result of someone not paying close attention to surroundings. Because these accidents tend to occur because a car fails to yield, it is usually an issue of distraction, impairment, or simply not being able to see another vehicle in a person’s line of vision. How Does a South Carolina T-Bone Accident Lawyer Prove Fault? South Carolina follows a modified comparative negligence rule in car accident cases. This means that if a plaintiff is less than 50% responsible for an accident, they may be able to collect compensation for their damages and injuries. If, however, they are 50% or more at fault for the accident, they may not be able to collect any compensation. For this reason, it is essential to hire a reputable South Carolina T-bone accident lawyer to help establish liability and protect your right to recover the money you need for your injuries. Hiring a lawyer at the time of your accident allows them to have the best vantage point of your claim. Your lawyer can: Collect evidence like CCTV and traffic cam footage, eyewitness statements, and police reports. Determine the monetary amount for your damages and injuries. File a claim with third parties and insurance carriers. Negotiate a fair settlement with insurers and protect you from lowball settlement offers. File a court case on your behalf if a settlement cannot be reached. Build and present your case in court. Distribute settlement funds after your case is settled. At HawkLaw, our personal injury lawyers understand South Carolina laws as they apply to T-bone accidents and ensuing liability. While you recover from your injuries your lawyer can go head-to-head with the insurance company to fight for your ability to receive compensation. What Damages Can I Seek After Being Injured in a Side-Impact Accident? Victims of side-impact accidents can seek both economic damages and non-economic damages. Economic damages. Economic damages are those that can be quantified with a dollar amount. These include property damage, medical bills and therapies, missed pay, prosthetics, and medications. You should keep the receipts and invoices for all of your repairs and medical visits; we can use them when we calculate your economic losses. Non-economic damages. Non-economic damages can’t be quantified as easily. These damages include pain and suffering, loss of quality of life, post-traumatic stress disorder, loss of consortium, and loss of ability to work. We can review your case and help you determine a fair amount for your claim, including proper compensation for non-economic damages. Policy limits and statutes can also affect your total award. We can help make sure you understand how much you are entitled to collect for your T-bone accident. Do You Have a Car Accident Lawyer Near Me? HawkLaw is proud to serve injury clients throughout South Carolina. We maintain offices in Anderson, Charleston, Columbia, Greenville, and Spartanburg for your convenience. Can't travel because of your injuries? Do not worry: we can schedule a phone or video consultation instead. Call HawkLaw If You Sustained Injuries in a T-Bone Accident T-bone accidents may be devastating. Finding an attorney to represent you is a job you should take very seriously. At HawkLaw, we understand that an accident can change your entire life. We  work tirelessly to protect your rights, and fight for the compensation you need to move forward. Contact our office today to schedule a compensation and learn how our team can help. ### Truck Accident Lawsuits | Claim the Compensation You Deserve Accidents involving large trucks can become catastrophic. The weight and force of a truck impacting another vehicle can cause millions in damages, permanent injuries, and death. Being in a truck accident in South Carolina can leave you with unforeseen medical bills and expenses you can’t afford. An experienced truck accident attorney from HawkLaw can work to help you protect your right to compensation so that you can recuperate and move forward. Who Can File a Truck Accident Lawsuit? If you have been injured in a truck accident in South Carolina, you may file a claim against the liable party to cover the damages and expenses you incurred as a result of the crash. Determining the party at fault can be difficult. Trucks are often owned and operated by different companies, and both the driver and the person(s) responsible for loading the truck could also be at fault. Hiring an experienced truck accident attorney can help you establish fault and determine how and where to file your claim for damages. Filing a claim is the first step in receiving compensation. If your claim cannot be settled out of court, then we may need to file a lawsuit in court. How Does the Process of Filing a Truck Crash Lawsuit Work? The process of filing a truck crash lawsuit in South Carolina can vary based on the exact circumstances of your case. Generally, this is how it works: Step One: Hiring a Truck Accident Lawyer Hiring an attorney to represent you in your truck accident claim is a big decision. Hiring your lawyer based solely on their advertising presence isn’t a good idea. Instead, vet potential lawyers by meeting with them directly (either in person or over video chat) and asking questions about their experience, processes, and history. This gives you a more detailed understanding of their skill set, tactics, and personality. When you meet with a potential lawyer, there are several questions you should ask. How much experience do you have trying cases? It is important to hire an attorney with trial experience should your case need to be tried in court. Find out how many cases your potential attorney has tried, and ask about the outcomes. What is your success rate? A skilled attorney should have excellent negotiating skills. Ask about recent personal injury cases your attorney has settled and how successful they were in securing compensation for their clients. How do you bill clients? A contingency fee structure is common for personal injury cases. When an attorney works on a contingency fee basis, they will not collect their fees from you until they have settled your case and you receive a settlement. Not all firms operate on a contingency fee basis. How often will you send me updates? It’s important to set realistic expectations for communication. Ask a potential attorney how frequently you’ll be contacted with case updates, and how soon you can expect to have emails and telephone calls answered. Talking to family and friends and reading online reviews are also useful tools in helping you select an attorney. At HawkLaw, our team of truck accident attorneys has decades of experience negotiating settlements and trying personal injury cases. Our successes allow our clients to recoup their expenses and continue with need therapies and treatments. We fight aggressively for our clients so they can focus on their recovery. Step Two: Filing an Insurance Claim After a Truck Accident After you have hired an attorney to handle your claim, they will file a claim with the at-fault party’s insurance company on your behalf. In truck accident cases, there may be more than one party liable for your injuries and damages. Your attorney will negotiate a settlement with all involved parties, protecting your rights and striving to maximize the amount you receive. Many cases are settled out of court through these types of negotiations. Trying a case can be expensive, and most insurance companies don’t want to bear the burden of trial costs in addition to a potential settlement payout. Step Three: Filing a Lawsuit with the Court If, however, your case cannot be settled through negotiations, your attorney will file a lawsuit on your behalf. A lawsuit starts when your attorney files a complaint with the court. Your attorney will build your case by filing discovery, collecting evidence, and hiring expert witnesses to give their testimony concerning your accident, injuries, and recovery progress. Both sides have the opportunity to submit evidence to the court to support their arguments. The judge may order the parties to mediation to attempt to settle the lawsuit before it goes to trial. One party may file a motion for summary judgment, asking the judge to grant them their judgment without a trial. If an agreement is not reached, the case may move to trial. Step Four: Going to Trial If your case does go to trial, your attorney will represent you in court, protect your rights, and work diligently to get you the settlement you deserve. You should know that your case might still settle at some point, even if the trial has already begun. Once a judge or jury has rendered a verdict, though, it will be too late for the defendant(s) to settle. Is Filing a Truck Accident Lawsuit Easier Than Filing a Car Crash Lawsuit? No. Truck accident cases can be complex, involve multiple parties and their insurers, and cross state lines (and laws) when trucks are traveling through numerous states daily. They can be much more challenging than car accident lawsuits. Establishing Liability for a Commercial Vehicle Crash You may think that the truck driver is the at-fault party in a truck accident. While they may be to blame, there may multiple other parties who might share liability like: The owner/operator Companies that are responsible for maintaining the truck The parties that loaded the truck Shippers and brokers Other drivers out on the road A skilled attorney can help determine who is liable for your accident and make sure that the appropriate claims are filed. How Jurisdiction Affects Truck Accident Lawsuits The trucking industry is foundational to the nation’s economic growth. It facilitates the movement of goods across the country and allows us to order an item one day and receive it on our doorstep the next. Forecasters estimate freight tonnage will increase to 28% by 2032. Increased freight demand means more trucks on the roadways and an increased risk of trucking accidents. When a truck accident happens in South Carolina, the injured party needs to know where to file a lawsuit. If the truck is owned and operated by a South Carolina company then the lawsuit would be filed in that state. However, if the trucking company is out of state, an issue of jurisdiction may arise meaning the case may need to be tried in another location. An attorney experienced with commercial vehicle accidents can determine the proper jurisdiction. Truck Accidents Often Cause Severe Injuries The injuries caused by truck accidents are often permanent and life-altering. Truck accidents can produce injuries like: Brain Injury. Traumatic brain injuries (TBIs) can occur when the head is struck or impacts another object. TBIs can also occur when the neck whips with enough force to cause the brain to strike the inside of the skull. Burn Injury. Burns may result in accidents that involve chemical spills or fire. These injuries can leave a person with a loss of muscle tissue and significant scarring. Broken Bones. Broken bones are common in truck accidents. In addition to breaks in the appendages, broken ribs, hips, pelvis, neck, and spine breaks can occur. Child Injury. When a child is injured in a truck accident, it can permanently affect their growth plates and future development, and/or leave them permanently disabled. Spinal Cord Injury. Injuries to the head and neck may result in spinal cord injuries. These injuries are severe and can cause permanent disability and impairment. Wrongful Death. Truck accidents can be fatal, resulting in the death of involved parties. As the survivor of an accident victim, you may entitled to compensation to cover your loved one’s final expenses and/or losses related to their financial support. This is not an exhaustive list of injuries. Some injuries may not even present symptoms until several weeks or months after an accident. Why Is My Truck Accident Lawsuit Taking So Long? Truck accident lawsuits can be lengthy. The specific amount of time your case takes depends on factors like: The number of parties involved Court caseload The severity of your injuries Litigation timelines Having an attorney who communicates with you effectively and frequently can give you reassurance that your case is still in motion and being attended to. At HawkLaw, our goal is to move as expeditiously as possible to get you a settlement sooner. How Much Money Will I Get from a Truck Accident Lawsuit? The exact amount of your settlement depends on the damages and injuries you sustained. Policy limits also play a role in how much a person may be able to collect. South Carolina has notably high hospital costs. The average cost for a hospital visit in South Carolina is $2,511.00. This cost does not reflect additional fees for labs, imaging, surgery, or overnight stays. Understanding Commercial Vehicle Insurance The policy limits of a truck’s insurance policy may also affect your settlement. Insurance companies have limits on what they will pay per accident. There are also limits on what an insurance company will pay for a specific injury. For instance, if you have an injury that costs you $100,000.00, but the at-fault party’s insurance coverage has a $50,000.00 limit for that specific injury, your settlement amount cannot exceed $50,000.00. In cases where injuries exceed the policy limits, injured parties have the option to ask the at-fault party for additional insurance carriers who may be able to pay the difference or seek legal action against them for the remainder of the damages. How South Carolina’s Modified Comparative Negligence Rule Could Affect Your Award In South Carolina, your ability to collect a settlement is also governed by the comparative negligence rule. This rule states that if you are found to be less than 51% at fault for your accident, you may be able to collect compensation from the other party. If, however, you are found to be 51% or more at fault for the accident, you may not be able to collect compensation for your injuries and damages. If you are found any percent at fault, the amount you can collect will be reduced by that percentage. When Will I Get My Compensation Award from My Truck Accident Lawsuit? Your attorney will handle the transfer of funds from the insurance carrier to you, and withhold their attorney fees if you agreed to a contingency fee. Can I Afford a Truck Accident Lawyer in South Carolina? Not many people have the money to pay for accident representation upfront. For this reason, the contingency fee* basis is the solution. At HawkLaw, we do not collect our fees until after we win your case. Do You Have a Truck Accident Lawsuit Attorney Near Me? HawkLaw proudly serves clients throughout the Palmetto State. We maintain offices in Greenville, Spartanburg, Columbia, Charleston, and Anderson. No matter where you are injured in South Carolina, our truck accident attorneys are here to help. Learn More About Truck Accident Lawsuits from Attorneys You Can Trust When the unthinkable happens and you or a loved one are involved in a truck accident, you need the assistance of a compassionate, experienced attorney you can trust. The team of skilled attorneys and staff members at HawkLaw make it our mission to fight for your compensation so that you can focus on your recovery and rebuilding your life. Contact us today to schedule a free consultation. ### Lane Splitting vs. Lane Filtering What Is Lane Splitting? Lane splitting is using the road markings that separate one lane of traffic from another to create a special lane for motorcyclists. The biker can then speed between slower-moving traffic. This helps bikers navigate traffic more effectively and can keep some motorcyclists from being involved in rear-end collisions. Is Lane Splitting Legal in South Carolina? Lane splitting is not legal in South Carolina. What Is Lane Filtering? Lane filtering happens at stop signs, traffic lights, and anywhere else where cars, trucks, and other vehicles come to a stop. “Filtering” is when motorcyclists use the space between these stopped vehicles to move to the “front of the line.” This enables them to get out ahead of traffic once it starts moving again. Is Lane Filtering Legal in South Carolina? Lane filtering is not legal in South Carolina, either. In Which States Are Lane Splitting and Filtering Legal? Lane splitting is only legal in California. Lane filtering is legal in four states: Montana Utah Colorado Arizona There are eight other states where lawmakers are debating whether to legalized lane splitting, but South Carolina is not one of them. Will South Carolina Ever Legalize Lane Splitting and Filtering? It is unlikely that South Carolina will amend its laws in the near future, but dismissing it out of hand may be a mistake. The American Motorcycle Association has endorsed the practice for the last 10 years, and cites a reduced risk of rear-end collisions in heavy traffic as a primary safety benefit. What Are the Dangers of Lane Splitting and Filtering? There are differences between lane filtering vs. lane splitting, but both practices come with similar risks. Motorcyclists are already difficult for some drivers to see, and bikers who ride between traffic can be even less visible. This can be especially true in places like South Carolina where motorists don’t expect motorcyclists to perform either activity. Additionally, both lane splitting and lane filtering could anger some drivers and lead to road rage incidents. Car and truck drivers frustrated by traffic jams could become unreasonably angry if they see bikers trying to move ahead of them in traffic. They could then act out by deliberately attempting to stop motorcyclists who lane split or filter. What Kinds of Motorcycle Accidents Are Caused by Lane Splitting and Filtering? Even if lane splitting and lane filtering were legal, it must be acknowledged that both can lead to serious, even fatal, motorcycle wrecks. The bikers themselves are not the only ones at risk, either. There is no minimum age that a passenger must be to ride on the back of a motorcycle. Even young children can ride as passengers on motorcycles, putting them at risk of severe injuries or death in the event of a crash. Lane Filtering Accidents Intersections are dangerous places, and filtering puts motorcyclists directly in harm's way. Motorcyclists who filter so they can be the first through an intersection must be careful and watch for other drivers who might enter after their light has turned red. Otherwise, they can be struck on the side in a T-bone collision. Rear-end collisions can also happen when motorcyclists filter at intersections. An inattentive or aggressive car or truck driver might hit the back of a motorcyclist who does not proceed through the intersection fast enough, causing them to lose control of their bike and crash. In congested urban areas, motorcyclists who try to filter to the front of traffic at intersections must also be on the lookout for parked cars. Drivers or passengers may open their doors without thinking about approaching motorcyclists. As a result, they could leave a biker with no room to maneuver to avoid a collision. These incidents can cause serious injuries to motorcyclists, especially if they are rushing through traffic to reach the intersection. Lane Splitting Accidents Lane splitting also allows for all of the dangers and types of accidents that can result from lane filtering. Rear-end collisions are a significant risk in stop-and-go traffic, which is when motorcyclists are most likely to engage in lane splitting. Both vehicles and motorcycles may be forced to stop suddenly, and operators who are not paying attention can collide with cars in front of them. Motorcyclists are not the only ones who want to get out of traffic jams, though. Car and truck drivers can also quickly and unexpectedly change lanes if they feel another traffic lane is moving more rapidly. These drivers may switch lanes without first checking to see if a motorcyclist is splitting lanes, leading to a side-impact or sideswipe collision. Finally, road rage incidents can quickly develop in the heated atmosphere of a traffic jam. Aggravated drivers can cut motorcyclists off, intimidate them by tailgating them, or even throw their doors open in their path to harm the cyclist. Common Injuries Resulting From Motorcycle Accidents No matter how an accident happens, any motorcycle wreck can cause significant harm to any biker or motorcycle passenger. These injuries can include: Traumatic brain injuries Back and spinal cord damage Broken bones, especially those in the arms, legs, hands, and feet Trauma to internal organs Severe abrasions, also known as road rash Protective gear like helmets, gloves, and padded clothing can help reduce the risk of these injuries. However, it is still advisable for any rider involved in a crash to see a doctor right after it happens. Doing so allows medical personnel to detect any severe injuries and minimize their impact. Who Is to Blame for a Lane Splitting or Lane Filtering Accident in Greenville? Even though lane splitting and lane filtering are illegal, motorcyclists who engage in these practices are not always to blame for wrecks. While their actions may contribute to a crash, this does not always mean the biker cannot recover compensation for their injuries. For example, suppose that a motorcyclist splits a lane to get through stop-and-go traffic. As they carefully navigate the gridlock, a driver in a parked car carelessly opens the door, hits the motorcyclist, and knocks them off their bike. The motorist’s negligent action could be seen as the wreck’s primary cause, allowing the biker some recovery. For this reason, motorcyclists should always consult with experienced motorcycle accident lawyers about their rights after a wreck. Only by analyzing all of the circumstances that led to a crash in light of current South Carolina law can an injured biker’s legal rights be determined.   How Do I Choose the Right Greenville Lawyer for My Motorcycle Accident Claim? When you have been hurt in a crash, you understandably want to hire the best motorcycle accident lawyer you can find. “But with so many motorcycle accident lawyers near me,” you might wonder, “how do I choose the right one?” The answer is simple: look for a motorcycle accident attorney with the right resources, results, and rapport for your needs. Resources Ask yourself: “Does this motorcycle accident lawyer have the knowledge and capacity to competently handle my case?” A skilled lawyer should have more than just experience handling motorcycle accident claims; they should also possess the ability to thoroughly investigate your wreck. This enables you to receive helpful advice and quality representation. Results An attorney’s past successes are no guarantee that you will experience similar results. However, the verdicts and settlements an attorney receives for other motorcycle accident victims can indicate the quality of that lawyer’s resources and services. An attorney who struggles to deliver results for clients may not be the best choice for you. Rapport Finally, you should be able to trust your attorney and have confidence in their advice. If you meet with a lawyer but feel they don’t understand you or your needs, it may be a sign to look for alternate representation. When working with the right attorney, you will feel as though you and your lawyer are a team working toward your recovery. How Long Do I Have to File a Motorcycle Accident Claim in Greenville, SC? South Carolina has adopted a three-year statute of limitations for motorcycle injury claims. Therefore, it is essential that you speak to a lawyer for motorcycle accident victims soon after your wreck. There are consequences for failing to file a claim for compensation within this three-year window. In particular, you could lose the ability to recover damages for your injuries entirely. Do You Have a Motorcycle Accident Lawyer Near Me? With a convenient location in Greenville on Pelham Road off of I-385 and other offices in Anderson, Charleston, Columbia, and Spartanburg, accessing our experienced and effective motorcycle accident attorneys is easy. Contact HawkLaw today and schedule a consultation with one of the firm’s skilled lawyers. ### Most Dangerous Roads in Spartanburg, SC Car accidents are an unfortunate fact of life in South Carolina, with a collision occurring approximately every 3.7 minutes according to the South Carolina Office of Highway Safety and Justice Programs (OHJSP). Of the state's 46 counties, Spartanburg ranks number five for injurious and fatal traffic collisions. Understanding the most dangerous roads and common causes of accidents in Spartanburg can help motorists stay safe while traveling throughout the county. If you've been involved in a car accident in Spartanburg, HawkLaw can help you explore your legal options for pursuing compensation. Talk to our Spartanburg car accident lawyers today for a complimentary consultation.* What Are the Top Causes of Car Wrecks in Spartanburg, SC? Spartanburg shares many of the same risks as other areas in South Carolina, with some of the top causes of accidents including: Speeding: Driving over the speed limit is a significant contributor to serious and fatal collisions. Distracted Driving: Activities like texting, eating, and others divert drivers' attention from the road. Failure to Yield Right-of-Way: Many accidents occur at intersections when drivers fail to yield properly. Improper Lane Changes: Failing to signal or check blind spots can lead to dangerous collisions with other vehicles. Other Factors: Other common causes of accidents include impaired driving due to alcohol or drugs as well as poor road conditions. Car Accidents in South Carolina: A Statewide Concern South Carolina is known for having one of the highest rates of traffic accidents in the nation. In 2022, the state saw a staggering 50,172 reported injuries and 1,093 traffic fatalities, as highlighted in the 2022 South Carolina Traffic Collision Fact Book. These statistics underscore the pervasiveness of car crashes across the state. How Common Are Car Collisions in Spartanburg, SC? Spartanburg County ranks fifth in South Carolina for the total number of crashes, making it one of the most accident-prone regions in the state. In 2022, the county experienced 10,685 reported collisions, with 2,279 resulting in injuries and 52 resulting in fatalities. A closer look reveals that busy thoroughfares like Interstate 85 and major urban intersections contribute disproportionately to the county's collision rates. Spartanburg's mix of urban, suburban, and rural roads creates a variety of challenges, from high-speed crashes on interstates to fender benders at congested stoplights. Which Roadways and Intersections Are the Deadliest in Spartanburg, SC? There are a few main roadways and intersections to be aware of when looking at deadly accident locations in Spartanburg. According to 2022 data from the OHJSP, these include major highways such as: I-85, with 1,073 collisions US-29, with 1,053 collisions US-176, with 625 collisions US 221, with 553 collisions SC-9, with 491 collisions Due to the large volume of vehicles constantly traveling on I-85, collisions typically occur at major intersections along this route, including: I-85 and SC-290, with 171 collisions I-85 and S-57, with 136 collisions I-85 and SC-01, with 115 collisions I-85 and US-29, with 108 collisions I-85 and SC-14, with 108 collisions The Broader Impact The combination of high-speed crashes on major highways and intersection-related collisions in urban areas highlights the diverse safety challenges across Spartanburg County. Many of these locations need more infrastructure to manage their heavy traffic loads, including clear lane markings, pedestrian crossings, or advanced warning systems for drivers. Addressing these issues is critical for reducing fatalities and serious injuries. Local authorities are implementing improvements such as resurfacing of key roadways, signal upgrades, roundabouts, and more to address these high-risk areas. However, drivers must exercise caution when navigating Spartanburg's most dangerous roadways and intersections until these updates happen. What Spartanburg Streets Are the Most Dangerous? Spartanburg County has developed a High Injury Network (HIN) which pinpoints roadways with disproportionately high numbers of traffic collisions, severe injuries, and fatalities. These streets are particularly hazardous due to high traffic volumes, poor roadway design, and risky driving behaviors. Some of the most concerning roads are primarily those that run directly through the city center, where vehicle and pedestrian activity is most concentrated. These include: East Main Street Pine Street Church Street Saint John Street John B White Sr Boulevard There are also a number of roads outside the city center that the county is prioritizing, including Reidville Road, Boiling Springs Road, and Chesnee Highway. How is Spartanburg Road Safety Being Improved? Spartanburg County is planning to improve roadway safety through a comprehensive set of strategies outlined in the county's Safety Action Plan, which proposes potential improvements such as: Enhanced Roadway Features & Maintenance: Repaving and restriping critical locations, installing reflectors at curves and bridges, and implementing routine resurfacing. Pedestrian and Cyclist Safety Measures: Creating pedestrian refuge islands; increased buffers between roads and sidewalks, such as trees; and implementing leading pedestrian intervals at intersections. Intersection Upgrades: Introducing roundabouts, prohibiting left turns when pedestrians are crossing, and closing slip lanes. These strategies prioritize the high-risk areas identified in the HIN, where data indicates most accidents occur, ensuring that resources are focused where they are needed most. What To Do After a Car Accident in Spartanburg, SC If you're involved in a car accident in Spartanburg, it's crucial to take the right steps to protect your health, your rights, and your ability to seek compensation. Knowing what to do—and what not to do—can make all the difference in the outcome of your case. If you don't understand all the car accident laws, here are some basics to know if you are in an accident. If You've Been Injured in Spartanburg Car Crash, Let's Talk Navigating the aftermath of a Spartanburg car accident can be overwhelming. HawkLaw is here to help. Our experienced attorneys understand the complexities of personal injury cases and are dedicated to securing the compensation you deserve. Contact us today for a complimentary consultation.* Let us fight for you so you can focus on recovery. ### South Carolina Car Accident Laws In the state of South Carolina, car accident laws play a crucial role in determining the rights and responsibilities of those involved in a collision. These laws aim to provide justice and compensation to victims while also ensuring the safety of all drivers on the road. Understanding the car accident laws in South Carolina is essential for every driver, as it can greatly impact the outcome of a case. At HawkLaw, we're dedicated to helping our clients navigate these complex laws. We understand the importance of securing the compensation you deserve following an accident, and we're here to advocate for your rights. With our comprehensive knowledge of South Carolina car accident laws, our skilled attorneys will help you pursue the full benefits you may be entitled to. Should I Report My Car Accident? In South Carolina, it is mandatory to report your car accident if it results in injury, death, or significant property damage. According to S.C. Ann. § 56-5-1210, you must stop your vehicle immediately and remain at or near the scene to exchange information and assist injured individuals, as well as report the incident to the authorities. Failure to report such accidents could lead to severe consequences, including but not limited to the suspension of your driving privileges and potential criminal charges for leaving the scene of an accident. In South Carolina, there are typically two methods for reporting a car crash to authorities: Call the Police: After an accident, contact the police right away by dialing 911 or using a non-emergency police number for less urgent situations. Police will not only provide necessary immediate assistance but will also generate an official accident report, which is critical for insurance and legal purposes. File a Report with the SCDMV: In instances where a police report wasn't made at the scene, and the accident resulted in property damage of more than $1,000, injury, or death, you are required to report the incident to the South Carolina Department of Motor Vehicles (SCDMV). This involves filling out a Form-309 (Traffic Collision Report Form) and submitting it to the SCDMV within 15 days of the accident. While you are not required to report minor accidents, you should still do so to ensure your legal rights are preserved and to avoid any potential penalties for non-compliance with state laws. Is South Carolina an At-Fault State? South Carolina operates under an "at-fault" system, meaning the person legally responsible for causing a car accident is also responsible for any resulting harm or damage. This system allows you to pursue compensation directly from the at-fault driver's insurer. However, if the at-fault party's insurance does not fully cover the damages, you can file a claim with your own insurance or pursue additional legal action against the at-fault driver to recover the remaining losses. The state also uses a modified comparative negligence rule for compensation. This means you can recover damages even if you are found to be partially at fault in a collision, but only if your fault does not exceed 50%. Compensation is then adjusted by fault percentage. For instance, if you were 10% at fault, and your total damages were $10,000, you would be eligible to recover 90% of the damages, or $9,000. Who Is Responsible For Damages in a Car Accident? Typically, the driver at fault for causing the car accident is responsible for covering the damages, including property damage and personal injuries resulting from the collision. The fault is based on evidence collected at the scene, witness statements, and sometimes, expert testimony. Insurance companies have an important role in this process, as they assess the claims and decide on the fault based on their investigation. However, disputes over fault and the extent of damages can lead to litigation, where the courts will make a final determination based on the evidence and arguments presented by all parties. In this situation, each party's representation, whether by their insurance company's legal team or a private attorney, becomes crucial. Their role is to effectively present the party's case and challenge any opposing evidence or arguments while fighting for the most favorable outcome for their client. Elements of a South Carolina Car Accident Claim In South Carolina, the foundation of a car accident claim is proving negligence. This involves four key elements that must be established for a successful claim: duty, breach, causation, and damages. Duty: The plaintiff must first prove the defendant had a duty of care toward them. This means each person on the road is expected to act responsibly and not endanger others on the road. Breach: The claim must demonstrate a breach of this duty. When a driver fails to observe traffic laws or otherwise acts in a manner that a reasonably prudent person wouldn't, it would be considered a breach. Causation: The defendant's breach of duty must also be proven to have directly resulted in the incident and the plaintiff's injuries. Damages: Finally, the plaintiff must prove they have suffered damages or losses due to the accident, which may include injuries or property damage. Do You Need Car Insurance in South Carolina? In South Carolina, carrying car insurance is a legal requirement. The state mandates that all drivers have a specific minimum level of liability and uninsured motorist coverage to legally operate a vehicle. This ensures that adequate funds are available to cover injuries and damages if an accident occurs. The minimum requirements are: Bodily Injury (BI): This coverage is essential for paying medical expenses for injuries sustained in an accident. State law requires one to have at least $25,000 of coverage per person and $50,000 total per accident. Property Damage (PD): To cover the costs of damage to someone else's property in an accident for which you are at fault, you must have a minimum of $25,000 in property damage coverage. Uninsured Motorist (UM): Given the risk of being hit by an uninsured driver, South Carolina requires UM coverage. This covers your own bodily injuries and property damage, with a minimum coverage of $25,000 per person and $50,000 total per accident. Adhering to these insurance requirements isn't just about adhering to the law, but also for protecting yourself and others on the road. What Happens If the Other Driver Doesn’t Have Insurance? If the other driver involved in the collision does not have insurance, your uninsured motorist (UM) coverage will take effect. This is mandatory coverage in South Carolina and can help pay for your medical bills, property damage, and other losses up to the limits of your policy. Make sure to report the accident to your insurance company quickly to ensure your claim is processed as soon as possible. What Are the Damages Available In a South Carolina Car Accident Lawsuit? In a South Carolina car accident lawsuit, victims may pursue compensation for both economic and non-economic damages. Economic damages are quantifiable losses resulting from the accident. These may encompass medical expenses for immediate and future care, lost wages from time off work, and the cost of property repairs or replacements. Maintain records of all costs associated with the accident to substantiate these claims. Non-economic damages, on the other hand, compensate for the effects of an accident which cannot be easily quantified but deeply affect the victim’s quality of life. This may include pain and suffering or emotional distress. What Is the Statute of Limitations for Car Accident Lawsuits? Individuals who have been involved in a South Carolina car accident have a limited period during which they can file a lawsuit for damages. This period is known as the statute of limitations. Under South Carolina Code section 15-3-530, the statute of limitations is three years for personal injury, vehicle damage, or wrongful death claims resulting from a car accident. In other words, you can only take legal action within three years from the date of the accident or injury. This time frame applies regardless of the nature of the claim, whether it involves injuries to a person, such as a driver, passenger, or pedestrian, or relates to damage to personal property. If you fail to file within this three-year window, it generally means you can no longer sue for damages from the incident, emphasizing the importance of timely legal action. Can the Statute of Limitations Be Extended? Yes, in certain scenarios, the statute of limitations in South Carolina can be extended. Two common situations where extensions might apply include cases involving a legally disabled plaintiff and instances where the defendant is absent from the state. First, a plaintiff is considered legally disabled if they are under the age of 18 or have been declared "insane" by legal standards. In such situations, South Carolina law allows for an extension because the individual is deemed incapable of managing their own legal affairs. For minors, they have until one year after their 18th birthday. For individuals declared insane, they must file within either five years after the injury or one year after being declared sane, whichever comes first. Second, if the defendant has been absent from South Carolina for a continuous period of one year or more, or if they lived outside the state when the injury occurred, this time may not be counted against the statute of limitations. This extension is applicable only if the defendant's absence prevents the plaintiff from serving them with the lawsuit. Is South Carolina a No-Fault State? No, South Carolina does not operate under a no-fault system for car accidents. The state adheres to a traditional fault-based or "tort" system, coupled with a comparative negligence rule. This framework allows individuals involved in a car accident to seek compensation directly from the at-fault driver’s insurance company. If you are less than 50% at fault for the accident, you retain the right to pursue a claim for damages against the other party. Want to Learn More About South Carolina Car Accident Laws? Contact a Car Wreck Attorney at HawkLaw Today Navigating South Carolina car accident laws can be overwhelming, but you don't have to do it alone. At HawkLaw, our dedicated South Carolina accident law firm is ready to offer you the personalized legal support and advocacy you need to ensure your rights are protected. Contact us today to schedule a consultation. ### Common Spinal Injuries From Car Accidents Car accidents often leave lasting effects on victims and their families, especially when they result in serious injury. Spinal injuries are particularly common in car accidents, often occurring when individuals fail to wear seat belts or properly secure booster seats for children. Recovery requires time and determination and inevitably depends on the severity of the injury. At HawkLaw, our South Carolina attorneys have helped many car accident victims secure compensation* for their spinal injuries and are here to help you move past this difficult phase of your life. Car Accident Spine Injury: What Should Be My Next Steps? If you were in a major car accident and suspect a spinal injury, you must call 911 immediately. You must notify the police after a serious accident. In South Carolina, all accidents that cause $1,000 or more in property damage or lead to fatalities or injuries must be reported. Do not try to misrepresent facts or finesse the situation while speaking to the police after a motor vehicle accident. If you suspect a spinal injury after an accident, you must ask for help. Do not move or roll over alone. Do not take off your helmet, if you are wearing one. As soon as possible, you must undergo a thorough medical exam to accurately determine the severity of the injury. After the medical evaluation, follow your doctor's advice and make note of any changes to your condition as well as related issues on a daily basis. How Can I Tell If I Have a Spinal Injury After a Car Accident? While identifying a spinal injury is critical after a car accident, recognizing signs does not eliminate the need for a full exam by a medical professional. Signs and symptoms to look out for include: Extreme Pressure in the Head, Neck, or Back: This may manifest as sharp, localized discomfort or numbness and tingling Numbness in the Chest, Arms, or Legs: Indicates potential nerve damage or spinal issues Difficulty Breathing: In some cases, a spinal injury can affect the brain's ability to control muscles related to the respiratory system. Loss of Bladder or Bowel Control: A spinal cord injury can cause an interruption in the transmission of neurons between the brain and the spinal cord, resulting in loss of bladder or bowel control. Impaired Balance: Difficulty maintaining balance while walking and performing other upright activities can indicate spinal injury. Your doctor may run several tests to diagnose a suspected spinal injury accurately. These tests include: X-rays: To detect fractures and other abnormalities in the bones. MRIs: To assess soft tissue damage, including muscles, ligaments, and discs. CT Scans: To provide a detailed view of the spinal structure, offering more clarity than standard X-rays Neurological Exams: To evaluate motor and sensory function in order to determine the extent of nerve damage. It is important to get a timely examination to assess the extent of the injury and formulate a treatment plan. Types of Spinal Injuries Spinal cord injuries are generally classified based on which part of the spine is affected: cervical, thoracic, lumbar, and sacral. Each region corresponds to different bodily functions and treatment plans. For example, cervical and thoracic injuries affect the torso, head, and neck. Lumbar and sacral injuries impact the lower body, such as the hips, legs, and pelvic organs. Treatment for these injuries may involve surgery or bracing the affected area. What Are The Most Common Spinal Injuries From Car Accidents? Common spinal injuries that may occur following car crashes are: Whiplash: This injury arises when the neck muscles and ligaments are affected by a sudden back-and-forth movement, leading to pain and stiffness. Spinal Fractures: These injuries typically occur due to a high-speed impact, and may cause pain, numbness, and other symptoms. Herniated Discs: Spinal discs have a soft center surrounded by a tougher outer layer. This soft center can protrude through the outer layer, irritating nearby nerves and causing discomfort and numbness. Spinal Cord Injuries: Damage to the spinal cord can cause partial or complete paralysis in the arms, hands, and lower body, necessitating prompt medical intervention. Spinal Stenosis: This condition involves narrowing spaces within the spine, exerting pressure on the cord and nerves. This can lead to pain and limited mobility. Are My Car Accident Injuries Covered By Insurance? Car accident injuries are usually covered by insurance, depending on the specifics of your policy and the circumstances of the accident. It's essential to have a conversation with your insurance agent to understand the extent of your coverage. Many car insurance policies in South Carolina include personal injury protection (PIP), which covers expenses regardless of who is at fault. If the other driver does not have insurance, it can be helpful to look into uninsured motorist coverage. The process may involve filing a claim, providing relevant records, and negotiating with the insurance company. A car accident attorney can help you safeguard your rights and receive compensation if an insurance company delays, denies, or minimizes your payout. Should I Call a Lawyer After a Car Accident? Yes, contacting a lawyer promptly after a car accident can help you understand what legal steps are necessary to protect your interests. It is especially crucial to contact a lawyer in situations of unclear liability, such as while determining whether the defendant’s negligence directly caused the spinal injury. A good attorney will calculate the full extent of your damages, negotiate with relevant third parties, and file all paperwork on time, thereby significantly increasing your chances of getting compensation. When Should I Call a Lawyer After a Car Accident? You should contact a car accident lawyer as soon as possible following an accident. A lawyer will need time to prepare your case. They may also need to gather evidence, assess the cost of your injuries, and negotiate with insurers. The sooner you begin the process, the sooner you can expect to see a positive outcome. What Questions Should I Ask a Personal Injury Lawyer? When seeking the help of a personal injury lawyer, inquiring about their experience and success rates is crucial. Here are some suggested questions to ask a personal injury attorney during your consultation: What is your background and experience with cases similar to mine? How many cases involving common spinal injuries from car accidents have you handled? What is your success rate in these types of lawsuits? How often will I receive updates about my case? Who will be my main point of contact? What is your communication style and availability? What is your fee structure? Have More Questions About Spinal Injury Lawsuits? Speak to Our Car Accident Lawyers Today Many people experience uncertainty after a traumatic event such as a vehicle collision. Dealing with the aftermath of a car accident, especially when it involves injury, can be overwhelming. At HawkLaw, our team of car accident attorneys is here to support you during this time. We are dedicated to offering personalized guidance and ensuring you are aware of your rights and choices. We fully commit to your case from the first meeting to the final resolution, and we will equip you with the assistance and legal knowledge needed to secure the compensation that's rightfully yours. Contact us today to learn more. ### Most Dangerous Roads in Greenville SC Greenville, South Carolina, known for its charming downtown area and beautiful outdoor spaces, has its fair share of dangerous roads. From winding mountain roads to busy highways, these dangerous roads can pose a serious threat to drivers, cyclists, bikers, and pedestrians. At HawkLaw, our car accident attorneys are well-versed in handling incidents that occur on these risky roads. We strive to help road accident victims navigate through the complexities of legal procedures. If you or a loved one was involved in an accident on a dangerous road in Greenville, it is imperative to get the legal help necessary to fight for your rights. Contact our experienced attorneys to learn more about how we can support you. Where Do Most Car Accidents Happen? Car accidents in Greenville, SC, like many urban and suburban areas, frequently occur at intersections, where the mingling of various traffic flows – cars turning, pedestrians crossing, and cyclists weaving through – creates a hazardous environment. Beyond the city's intersections, rural roads surrounding Greenville present their own dangers. Lacking the safety features of urban roads, such as streetlights and marked lanes, rural areas see a significant number of accidents, particularly during the night when visibility is reduced. The time of day and season also play crucial roles in accident rates. Evening rush hour, when roads are congested and drivers are eager to get home, sees a spike in accidents. Additionally, holiday seasons, with their increased travel and, at times, inclement weather, further elevate the risk of road mishaps. According to the Greenville Journal, 53% of pedestrian-vehicle crashes in Greenville take place on just 15 roads. This statistic underscores the disproportionate danger certain roads pose, emphasizing the need for heightened awareness and caution in these areas. What are the Deadliest Roadways in Greenville, SC? In Greenville, certain roads have notoriously high rates of accidents and fatalities. Here is a closer look at the roads that have reported the highest number of accidents in recent years: Laurens Road from I-385 to Woodruff Road: This stretch has seen a startling 228 crashes and 8 fatalities over the past few years. The high volume of traffic combined with frequent stops and dense commercial areas contribute to its dangerous conditions. The 1.8-mile stretch of W Pleasantburg Drive from Lowndes Hill Road to Wade Hampton Blvd: Marked by 225 crashes and 6 fatalities, this section is plagued by complex intersections and heavy pedestrian traffic, complicating the driving experience. The 2.8-mile stretch of Woodruff Road from Laurens Road to I-385: Not far behind, this segment has witnessed 192 crashes and 8 fatalities. The mix of retail outlets and congested lanes creates a challenging environment for all road users. What are the Deadliest Road Stretches in Greenville, SC? Despite efforts to improve road safety, many road stretches have continued to witness a significant number of fatal accidents: US-25 from Frontage Road to Farrs Bridge Road: Between 2018 and 2020, this section of US-25 has been the site of 11 fatalities. The combination of high-speed traffic and limited pedestrian crossing facilities contributes to its danger. White Horse Road from Crestfield Road to Lewis Street: This stretch has seen 9 fatalities, underscoring the risks associated with its heavy commercial traffic and dense pedestrian activity. SC-291 from Keith Drive to McNeese Drive: Also recording 9 fatalities, this part of SC-291 is fraught with challenges for drivers, including frequent stoplights and high volumes of merging traffic. How Common Are Road Accidents in Greenville, SC? A comprehensive analysis of pedestrian crash data within Greenville's city limits from 2012 to 2021 revealed a total of 298 recorded crashes involving pedestrians. These incidents varied in severity, with many resulting in fatalities and injuries. Furthermore, a city report from May 2022 highlighted that out of 173 collisions reported between 2016 and 2021, 7% of pedestrian collisions ended in fatalities, underscoring the lethal risks present on Greenville's roads. These figures not only highlight the prevalence of road accidents in Greenville but also point to broader issues such as impaired and reckless driving plaguing South Carolina's roadways. Common Causes of Car Accidents Several factors contribute to the high incidence of crashes, each with its own set of challenges: Distracted Driving: This includes any activity that diverts attention from driving, such as talking or texting on the phone, eating and drinking, or fiddling with the stereo, entertainment, or navigation system. Speeding: Exceeding speed limits not only reduces the driver's reaction time to unexpected obstacles but also increases the severity of accidents when they occur. Impaired Driving: Every day, 37 people die in the US in drunk driving crashes. Alcohol and drugs impair judgment, reaction times, and motor skills, making impaired driving a significant threat to road safety in Greenville. Aggressive Driving: Behaviors like tailgating, erratic lane changes, and disregarding traffic signals lead to dangerous situations. Weather Conditions: Rain, fog, ice, and even sun glare can affect road conditions and visibility, leading to increased accident risks. Failure to Yield: Many accidents occur when drivers fail to yield the right of way at intersections or to pedestrians, often due to aggressive driving habits. Common Causes of Truck Accidents Truck accidents on Greenville's roads often result from a complex mix of factors that can lead to catastrophic outcomes: Distracted Driving: Truck drivers, like all motorists, can become distracted by mobile devices, navigation systems, or other activities that take their focus away from the road. Fatigue: Long hauls and stringent delivery schedules can lead to driver fatigue, diminishing reaction times and decision-making capabilities, significantly increasing the risk of accidents. Improper Loading: Improperly secured or imbalanced loads can cause trucks to overturn or lose cargo, creating hazardous conditions for all road users. Lack of Training: Insufficient training on the part of the truck driver can result in poor driving practices, leading to truck collisions. Speeding and Reckless Driving: The pressure to meet delivery deadlines can push some truck drivers to exceed speed limits or engage in reckless driving behaviors, endangering themselves and others on the road. Mechanical Failures: Regular maintenance is crucial for the safety of commercial trucks. Mechanical failures, such as brake malfunctions or tire blowouts, can be catastrophic. Is There a Plan To Improve Road Safety in Greenville SC? Greenville, SC is taking proactive steps to enhance road safety and reduce the number of accidents and fatalities on its most perilous roads. The city has adopted strategies influenced by the globally recognized Vision Zero initiative, which aims to eliminate all traffic-related deaths and severe injuries. Greenville has utilized a data-driven approach, focusing on identifying high-risk areas and implementing specific interventions to mitigate these dangers. Efforts include lowering speed limits on dangerous stretches, increasing law enforcement presence to deter risky driving behaviors, redesigning roads to prioritize safety, and ramping up community education and outreach to promote responsible driving practices. Were You in a Road Accident? Contact HawkLaw For Help If you've been hurt in a road accident in Greenville, SC, navigating the aftermath can seem daunting. HawkLaw is committed to advocating for those who've suffered harm due to the others' negligence. Our experienced personal injury attorneys understand the complexities of South Carolina's negligence law, which follows a modified comparative negligence rule. This means that if you are found to be less than 51% at fault for the accident, you may be eligible for compensation proportionate to your degree of fault. Securing the compensation you deserve requires a thorough understanding of these laws and an experienced hand to guide you through the legal process. Our team leverages extensive knowledge and resources to meticulously investigate your case, gather compelling evidence, and negotiate with insurance companies on your behalf. Our goal is to help you get fairly compensated for your losses. Contact HawkLaw today to learn more. ### Guide to Compensation for Permanent Scarring From Dog Bites Understanding South Carolina Dog Bite Laws South Carolina, unlike most other states, does not follow the one-bite rule regarding attacks by dogs. If a dog attacks and bites you or your child but has never bitten anyone else before, the owner is still held accountable. More specifically, the state laws clearly outline the circumstances in which an owner is liable for a dog bite attack (SC Code Section 47-3-110). These circumstances include when the dog bite victim is in public spaces or in a private space for lawful reasons and in no way provoked the dog to attack and bite. When the dog bite fits within these parameters, the owner is liable. In addition to being liable for damages, the dog owner, on a first offense, can potentially face a fine of $5,000 and serve a three-year prison sentence. When Should I Sue After a Dog Bite? Suffering the injuries of a dog bite and the aftermath can be stressful and overwhelming. Depending on the severity of your injury and the resulting expenses, you may want to consider suing the dog owner. Start by speaking with a personal injury attorney to determine whether you should pursue an insurance claim for both your medical treatments and any accompanying psychological trauma or if your dog bite case warrants a lawsuit. If the homeowner’s or personal insurance policies do not cover all your expenses, or the insurers continue to offer low settlement offers, suing may be your best option. Dog bite attorneys will evaluate your personal injury case fully, compile evidence, and calculate both economic and non-economic damages relevant to your particular injury and circumstances. What Kinds of Damages Can I Seek After a Dog Bite? There are two different kinds of damages you can seek after a dog bite – economic and non-economic. Economic damages are measurable in dollar amounts and include your medical expenses, lost wages, and more. Your dog bite lawyer can also seek specific non-economic damages, like mental anguish, disfigurement, and pain and suffering. If a loved one suffers a fatality due to a dog bite injury, you may want to consider filing a wrongful death lawsuit to recover damages. In addition, you may choose to pursue criminal charges against the dog owner under the South Carolina Dangerous Animal Statute. Such charges could result in a fine of $5,000 and a potential prison sentence. How Long Do I Have in South Carolina to File a Dog Bite Lawsuit? In South Carolina, a dog bite case has a statute of limitations of three years. That means you have three years from the date of the sustained injury to pursue a lawsuit. Keeping track of how much time elapses while dealing with insurance companies and avoiding missing the statute of limitations deadline is crucial. Missing the deadline means you risk forfeiting your rights to file a lawsuit. For this reason, consider hiring a dog bite lawyer to help negotiate with the insurance companies and also keep track of the timeline in case you need to sue. What Happens if a Dog Bites Your Face? Dog bites can happen to any part of the body. When they occur on the face, there is the potential for damaging the nerves, causing numbness, tingling, a loss of sensation, and pain, and the victim may need medical treatment or surgery. Dog bites can also cause significant scar formation on the face. Some facial scars may even require plastic surgery to reduce their appearance. Yet, any procedures to reduce the appearance of scarring, unfortunately, cannot remove them altogether. A residual scar may remain, and this can result in psychological effects on dog bite victims. The psychological effects of permanent scarring can be many, including anxiety, depression, and low self-esteem. Children will especially be fearful of what others will think and dread the thought of being teased. For adults, the scarring may psychologically interfere with personal and professional relationships. While bodily injuries can heal, scarring that remains serves to remind the victim of the trauma of the dog attack itself. For these reasons, seeking legal advice from experienced personal injury lawyers will be beneficial for obtaining not only compensation for your medical expenses but also for pursuing psychological and mental damages resulting from the dog bite. How Do You Treat Dog Bite Scars? Immediately following a dog bite, you should seek medical attention to assess and treat your injuries. By seeking such treatment as early on as possible, you can potentially minimize the amount of scarring and disfigurement. Dog bites can quickly become infected and will take longer to heal, leaving behind more noticeable scarring. Your medical team can clean, disinfect, and treat the wound and provide you with a prescription for antibiotics to help prevent further infection. This quick response to the wound can limit the amount of scarring and disfigurement. Other treatments for scars may include laser treatments, ointments, and surgery. Laser Treatments For bites that are large or deep, laser treatments may be able to help. These types of treatments can reach the deeper layers of the skin. A particular type of treatment is called dermabrasion which utilizes laser resurfacing to limit the appearance of rough or raised keloid or hypertrophic scars and create smoother-looking skin. Ointments Topical ointments, such as Neosporin, can often help reduce or minimize milder scarring. The goal of this scar treatment option is to keep the area hydrated, which may lessen the chances of any deep scarring over time. Silicone products are also an option to help minimize or fade scarring. Surgery Plastic surgeons can help make scars less visible. One approach is through scar revision surgery, where an incision is made for the removal of the scar tissue and surrounding skin at the injury site. Other cosmetic surgery and reconstructive surgery options may be available as well. The reality is that dog bites require a healing process that takes time. Scar formation usually occurs within a year’s time and may result in frustration and impatience in returning to how you were before the injury. Every time you see the scar, it can bring back memories of the attack and trauma and affect your mental well-being. Will Insurance Cover Dog Bites? While being treated for a dog bite injury, you may be wondering if insurance will cover the involved costs, including those for plastic surgery. Depending on the severity and location of the injury, medical bills can be quite high, and you will need to pursue all your options when it comes to paying for these and other damages. If you are injured at a friend’s or neighbor’s house, ask them if they have homeowner’s insurance. Homeowner’s insurance will often cover injuries on the policyholder’s property, including dog bites. However, be aware that some policies limit coverage to a first-time injury caused by an animal and exclude any others that follow. If the dog has attacked before, you may not have recourse through the policyholder’s insurance. Also, insurance providers may deny coverage for certain dog breeds, such as pit bulls, rottweilers, or mastiffs. This denial is because such breeds are considered to be potentially dangerous. Much will depend on the insurance company as to whether coverage is provided or not for dog bites and in what capacity. Attacked by a Dog? Fight Back Today Sustaining dog bite injuries can affect you now and far into the future, with scarring, disfigurement, and ongoing psychological issues. When seeking compensation from insurance companies, many dog owners will try to argue that you provoked their dog into attacking you. To protect your right to compensation, call and schedule a free consultation* with an experienced South Carolina dog bite lawyer at HawkLaw, or complete our convenient online contact form. Our law firm proudly serves all of South Carolina. ### What to Do When Your Car is Being Recalled Every year in America, motor vehicle manufacturers issue thousands of recalls. Many of these are safety recalls involving defective parts that make it dangerous to drive your vehicle. Knowing if your vehicle is subject to a recall can help keep you safe. Having a defective vehicle with a recalled part may seem like a nuisance, but fixing it can improve the safety of your vehicle overall. It is important to know your rights if your vehicle is recalled. Continue reading to see what you need to do when a motor vehicle product recall is issued, learn where to check for a recall notice, and discover how the personal injury lawyers at HawkLaw, P.A. can help. What is a Car Recall? A car safety recall is a notice that a part of your vehicle is defective and poses a risk to you or other drivers on the road. Sometimes, issues like bad airbags or defective seat belts risk serious injuries if you get into a car accident. Other times, defective parts put you at a greater risk of an auto accident. Auto manufacturers issue notices of such safety problems. They are released to inform vehicle operators of safety risks so you can get in and have the vehicle repaired at no cost to you. What Happens if Your Car Is Recalled? In South Carolina, vehicle recalls fall under product liability laws, and regulators impose strict safety standards on every level of a motor vehicle’s manufacturing and construction. Recalls are an important part of these laws. Suppose any product manufacturer, including motor vehicles, is aware that using their product is dangerous. In that case, they are required to let people know of the risk and offer a means to correct the issue. Product liability cases fall under three basic categories: Manufacturing defects refer to instances where a product was designed safely, but shortcuts or mistakes occurred during the manufacturing process that created unnecessary risk. Using a cheap battery that did not meet safety standards to power an electrical part is an example. If the manufacturer knew about the shortcut, they could be liable for damages caused by proper product use. Design defects refer to situations where the product’s core design was unsafe when safer alternatives existed. If the design passed through the manufacturer and their quality control, and it can be shown that they knew the design was faulty, they may again be held responsible for accidents and injuries related to the risk. Failure to warn is sometimes also referred to as a marketing defect. In this case, the manufacturer knew or became aware of the product’s risk and failed to warn users. Situations in which a product did not come with proper documentation or instructions related to its risk can also fall under this category. This is generally where recall notices fall, though manufacturing and design defects can also make a product recall necessary. Under federal law, the car manufacturer must pay for the repair or replacement of the vehicle defect or offer a refund to car owners. You will not have to pay for repairs or the replacement of such defective products or parts. You simply have to take your vehicle to your local dealership, and they will take care of the problem. You do not have to worry about warranty coverage, as defective parts that create safety issues do not fall under warranty if a recall notice has been issued. They are covered regardless of your current warranty status. If you are in an accident due to a defective part on your car and no recall notice was issued, or you are in an accident with someone who was knowingly driving a defective vehicle, you may be eligible for significant compensation for your injuries. Damages you may collect include your medical bills, lost wages, pain and suffering, property damage, and other losses. Collecting these damages, however, can be complex, and you should always seek help from an experienced personal injury law firm. The right vehicle accident attorneys can help you avoid pitfalls like missing paperwork filing dates so that you remain within the proper time frame. The right attorney can fight to hold the responsible parties accountable. Where Can I Check to See if There Is a Car Recall? The National Highway Traffic Safety Administration (NHTSA) maintains a website where you can search for vehicle recalls for your car. All you need is your vehicle identification number (VIN). You may find other recalls not directly related to vehicle safety, such as bike racks, car seats, and the like, subject to recall notices. You can also contact automakers directly, but the NHTSA is your best bet for finding a car recall. Do You Have to Take Your Car in for a Safety Recall? The law does not specifically require you to take your car in for a safety recall repair. The risks of ignoring the recall, however, are vast. A car accident due to a defective part for which a recall was issued can cause serious personal injury or even wrongful death. Under product liability law, the manufacturer of a defective part can be held responsible for injuries that result from its use. If, however, you knowingly decide to drive a vehicle with an existing safety recall, you may open yourself to legal action for a vehicle accident resulting from the safety issue. The blame could shift from the manufacturer to you in such a case. In short, it is never a good idea to ignore a recall notice. If you are in a car accident with someone who was operating a vehicle with a known defect, you may be entitled to significant compensation for your injuries. Contact the experienced accident attorneys at HawkLaw by calling 888-HAWKLAW or filling out our online form. We can provide legal advice and legal options. Check out our disclaimer and ask about a free case evaluation*. HawkLaw fights to win. Can I Still Drive My Car Before the Recall Repair? We advise vehicle owners who learn about a recall for their vehicle to take it in for repairs as quickly as possible. The first thing to do is review the recall notice carefully. The notice will tell you if the vehicle is safe to drive or what actions to take immediately. For example, a vehicle at risk of catching on fire from a defective part should be kept outside and away from structures until repaired. In some cases, the automaker will issue a “do not drive” warning with the recall. This is true in cases like vehicles with faulty brakes. Do not tempt fate if your recall notice comes with such a notice. It represents a serious issue that can risk the lives of vehicle owners and everyone else on the road. If there is no "do not drive" warning, the car is likely reasonably safe to drive if you have to. However, you should still bring the vehicle to a dealership for repairs as soon as possible. Remember, if you have an accident due to a vehicle safety issue you were aware of, you could be held responsible. It is not a risk you should take lightly. What Are the Most Common Types of Car Defects? Designing and manufacturing motor vehicles is a complex process, and many defects can creep in. We have, over the years, seen everything from defective batteries to ABS (anti-lock braking) systems that can burst into flames to airbags that fail to deploy to bad axles that cause wheels to fall off vehicles while driving. Some of the most common car defects seen, however, involve airbags, brake failure, seat belt issues, and collapsing roofs. Airbags Almost everyone who drives a car has probably heard of the issues with Takata airbags over the past several years. These issues have affected Toyota, GM, Volkswagen, Chrysler, and other manufacturers. Airbag defects come in several varieties: Failure to deploy: Some faulty airbags simply do not activate when they should. This can be due to sensor issues or faulty systems that malfunction when deploying airbags. Regardless, airbags that do not work put drivers and passengers at risk. Unexpected deployment: In some cases, airbags have randomly deployed when they should not. This can cause minor injuries like bumps, bruises, and scrapes. In the worst case, however, an airbag deploying in your face while driving can lead directly to a catastrophic accident. Overly forceful deployment: Some airbags deploy with explosive force. This can cause injuries instead of cushioning an impact, even resulting in broken bones in the neck and face, which can lead to wrongful death. Brake Failure Brake failure is a terrifying thing to experience, and it can result in you instantly losing control of your car. Your brakes are the most basic safety feature your car has, and when they do not engage properly, it can lead to devastating, life-altering, or even life-ending injuries. Seat Belt Issues Seat belt issues come in several varieties. These include: Breaking seat belts: If a seat belt breaks or fails to restrain a passenger during an accident, it can result in death or serious injury. Breaking seat belts can occur at the buckle or at the point where the belt locks above the shoulder or even involve weak straps that snap on impact. Unbuckling seat belts: If the seat belt buckle does not properly engage when you snap it in, it can simply come loose. Because the seat belt is one of the basic safety features of your vehicle, a belt that does not stay buckled can lead to a catastrophic failure. Collapsing Roofs Collapsing roofs are a common issue during vehicle rollover accidents. Modern vehicles have roll bars designed to protect those inside a vehicle when it rolls. When these bars fail, the roof can be crushed, resulting in death or permanent injury. Were You in an Accident With a Recalled Car? If you were in an accident with a recalled vehicle, you might be able to collect compensation for the injuries you suffered, depending on fault and severity. Collecting these damages requires help from a qualified, experienced South Carolina motor vehicle accident law firm. Every accident requires proving negligence, which means demonstrating that the other driver acted irresponsibly, that their irresponsible act led to the accident, and that you got hurt. South Carolina is an at-fault state for car accidents, but it also has a modified comparative negligence standard. Your award can be reduced by the percentage of fault you hold. Worse, if you are more than 50% at fault, you can be barred from compensation altogether. This is why having an experienced auto accident attorney like HawkLaw in your corner is important. We treat our clients like family and believe in an honest, open attorney-client relationship. We will fight for you every step of the way, and HawkLaw Fights to Win. Are You Concerned About Your Recalled Vehicle? If you are in an accident with a recalled vehicle or are concerned about your own vehicle, contact the experienced product liability attorneys at HawkLaw, and ask about a free consultation.* We have offices in Charleston, Columbia, Greenville, and Spartanburg, allowing us to effectively serve all of South Carolina. Our phone number is 888-HAWKLAW, or you can fill out our easy online form to schedule a discussion with a member of our team today.   ### How is Fault Determined in a Left Hand Turn Accident? According to the National Highway Traffic Safety Administration (NHTSA), 40% of all crashes in the United States occur at intersections. Most of these crashes involve a vehicle making a left-hand turn. These left-turn crashes happen all the time, and the injuries they cause can be truly catastrophic. Left-turn collisions may leave victims with debilitating damage from serious injuries, including neck and back injuries, broken bones, and even traumatic brain injury (TBI). If you were in a car crash or other accident involving a car making a left turn in South Carolina, our car accident attorneys can help you get the compensation you need to recover from your injuries. Contact HawkLaw, P.A., at 888-HAWKLAW for advice and representation today. HawkLaw fights to win. Let us fight for you. Who is at Fault in a Left-Turn Car Accident in South Carolina? In most instances, fault goes to the left-hand turning driver. This is because the laws require those turning left to yield to oncoming cars. When motorists make a left turn, they must be absolutely certain that the roadway is free and clear of traffic, pedestrians, cyclists, and other obstacles before they go. In South Carolina, we also have a concept called modified comparative negligence. This means that even if someone else caused the accident, the left-turn driver may still be held partially liable, which can reduce the amount of compensation offered. Under modified comparative negligence, if the plaintiff in a personal injury case has any responsibility for an accident, their award will be reduced accordingly. Thus, if you are 15% responsible, you will only collect 85% of the settlement value. Further, if you are more than 50% responsible, you can be barred from collecting any compensation. Insurance companies will always seek reasons to shift blame onto the plaintiff from the at-fault driver as a result. This is why having an experienced law firm in your corner is important if you are hurt in a car accident case. When is the Left-Turn Driver Not at Fault? Several scenarios exist where the left-turn driver is not at fault for the accident. They are rare and tricky to prove in court, but they do occur. These include drivers running a red light, speeding, or reckless driving. Other Driver Ran a Red Light or Stop Sign If another driver coming from the opposite direction runs a red light and collides with a motorist making a legal left turn, the motorist who ran the red light can be held at fault for the accident. This is the most common reason why a left-turn driver may not be at fault for an accident. Speeding Exceeding the speed limit is among the most common forms of dangerous driving. Speeding is also a common cause of these accidents. You may not be at fault if you make a legal left turn and have an auto accident because another vehicle collides with you while going significantly over the speed limit. However, this can be tricky because you must prove how fast the oncoming car was going during the collision. Reckless Driving Any circumstance in a car accident case where one driver made negligent decisions, such as ignoring traffic signs, talking on a cell phone, reading, eating, drinking, or driving under the influence, can remove liability from the driver making the left turn. Again, however, you must prove that the other driver was responsible. If you or a loved one was involved in a left-turn accident and may have a car accident case, it is vital to speak with an experienced attorney. The car accident lawyers at HawkLaw are ready to listen. Call us for legal advice at 888-HAWKLAW or use our online contact form to ask about a free case evaluation today.* Why Are Left Turns So Dangerous? Making a left turn is extremely dangerous, far more than turning right. The reason is that a left-hand turning driver must yield the right of way to oncoming vehicles. When the left-turning driver misjudges the speed or distance of oncoming cars or simply ignores the rules of the road, such as disobeying traffic signals or failing to use a turn signal, catastrophic accidents can occur. Sometimes, a simple inability to adapt quickly enough to unforeseen circumstances like someone's brake slamming can lead to these accidents. What Are South Carolina’s Laws Regarding Left Turns? Like most states, South Carolina requires the driver who makes the left-hand turn to yield the right of way to oncoming traffic. Traffic laws dictate when and where drivers are permitted to turn left. Drivers who violate these laws will be considered negligent for accidents that occur. Drivers who wish to turn left in SC must use the far left lane (if available), traveling in the same direction as traffic. In roads with multiple lanes of traffic, drivers may not initiate left turns from the middle lane if a left-turn-designated lane is available. Those making a left turn must turn whenever is practical, prudent, and safe. They may not impede traffic and must turn to the left of the center of the intersection. At an intersection with a traffic light, drivers must wait for a green arrow if there is one. If there is no green arrow, they may only turn on a green light when it is prudent and safe. Drivers at an intersection with no stoplight may only turn when they have the right-of-way, which defaults to whoever arrived at the intersection first, then to the driver on the right if multiple drivers arrived simultaneously. How to Prove Fault After in a Left-Hand Turn Accident In South Carolina, you need to prove, after an accident, that the other driver’s negligence caused the crash to receive compensation. If you made the left turn, this could be exceedingly difficult and complex. You will need to take the proper steps to gather evidence and start the process. File a Police Report After an accident, always call 911 and get a police officer or other first responder on site. While the officer is there, file your police report. You cannot use a police report as evidence in court. It can, however, become a vital resource to keep the details of the incident clear in your mind. It can also serve as a tool to help you and your attorney build a case for compensation. Photograph Evidence If you can photograph evidence, do so. The more photos you can take from as many angles as possible, the better off you are. In some cases, you may be able to recover evidence from an intersection camera. However, this requires help from an experienced car accident attorney. It is essential to act fast in these cases before the footage is deleted. This is why contacting a lawyer quickly after your accident is crucial. Gather Witnesses Eyewitness testimony can be some of the most important evidence you gather. When you can, speak to anyone who saw the accident. Ask if they are willing to testify to what they have seen, and if they are, be sure to get their name and contact number. Your attorney can contact them to discuss what they may have seen. Contact a Personal Injury Lawyer Because so many elements of the accident may be time-sensitive, you must contact an injury attorney as soon as possible. The right attorney can help take over communication with a bullying insurance company. They can gather evidence for your case and talk with witnesses. They can represent your interests and help you fight back against the insurance companies and their legal teams who intend to shift the blame to you. What Are Some Ways to Prevent Left-Turn Car Accidents in South Carolina? Preventing a left-turn crash mostly comes down to keeping your wits about you, paying attention, and staying calm. If you obey the laws, you are less likely to have such an accident. Specifically, watch traffic signals, drive defensively, and always use your turn signal. These three tips alone can go a long way toward keeping you and other drivers safe on the road. Slow Down During Yellow Lights Many drivers reflexively step on the gas when a light turns yellow. Never assume that oncoming traffic will yield in these cases. Slow down when the light turns yellow and prepare to stop. Drive Defensively Defensive driving means always assuming the other driver will make a bad decision. Give yourself plenty of time to react, and strictly obey all traffic laws, including stop signs, traffic signals, and speed limits. Always Use Your Turn Signal Turning without a signal opens you up to a collision. Put your signal on before you turn so other drivers know your intentions. That simple act can prevent a lot of car crashes. Get Left with More Compensation Involved in a car crash that was someone else’s fault? You could be entitled to significant compensation for your medical bills, lost wages, property damage, and pain and suffering. However, securing this compensation can be difficult and fraught with legal pitfalls. Having a lawyer in your corner can be vital to receiving the compensation you deserve. According to the Insurance Research Council, plaintiffs in an injury case who have the services of a personal injury attorney receive an average of 3.5 times the amount of compensation. HawkLaw attorneys treat every client with respect and care. We value an honest, open, and compassionate attorney-client relationship. Learn how our accident lawyers can help you with your left-hand turn car accident case by contacting our law office at 888-HAWKLAW or using our online contact form. Read our disclaimer, and do not forget to ask about a free consultation.* HawkLaw fights to win. Let us fight for you. ### What You Should Do After a Jet Ski Accident Jet skis and other watercraft provide enjoyment to thousands of people on the beaches, rivers, and lakes of South Carolina. In Myrtle Beach, for example, the Intracoastal Waterway offers many opportunities for boating activities. Unfortunately, recreational vehicles like jet skis can be dangerous, especially if the operator is drinking or otherwise acting recklessly. In 2021, 658 people lost their lives in boating accidents in the United States. Eighteen of those fatalities were in South Carolina. From 2017 to 2021, an average of about 17 people died in boating accidents each year in this state. Even when an accident is not fatal, it can cause serious injuries. You might have seen a report on a jet ski accident on the local news and wondered what to do in that situation. The personal injury attorneys at HawkLaw are ready to help you with accidents involving jet skis or other recreational vehicles. Four Common Causes of Jet Ski Accidents in South Carolina While many factors can contribute to jet ski crashes, the following are among the most common causes. Driver Inexperience Many jet ski accidents occur with rented watercraft operated by inexperienced boaters. The U.S. Coast Guard considers jet skis to be Class A inboard vessels that are subject to the same rules of the road as other watercraft. To rent a car, you must show a valid driver’s license. Few jet ski rental businesses require any particular amount of experience or offer any sort of safety training. This can lead to the unsafe use of jet skis, followed by accidents. Intoxication Jet skiing is a popular recreational activity in the Myrtle Beach area. Like many recreational activities, people often combine jet skiing with the consumption of alcohol. Operating a jet ski while intoxicated is just as dangerous as drunk driving. Intoxication can impair a person’s judgment and motor skills, which is especially dangerous on the water. Equipment Issues Some jet ski accidents result from problems with the vehicles themselves. Jet skis are complicated machines that require regular maintenance. Not all rental shops maintain their jet skis properly. As a result, a jet ski can experience mechanical problems or break down altogether while out on the water, placing their operators at serious risk of injury. For example, a jet ski’s motor could stop working while the jet ski is in the path of a much larger watercraft, leading to a collision. Other Causes Other common causes of jet ski accidents include the following: Driver recklessness Driver inattention Hazardous water conditions Excessive wake from larger boats What Injuries Can You Sustain From a Jet Ski Accident? Jet ski accidents can cause a range of serious injuries, such as the following: Traumatic Brain Injury (TBI) Jet skis can go very fast on the water. Unlike many other fast-moving vehicles, South Carolina does not require a helmet while operating a jet ski. Collisions can therefore result in serious head injuries. Whiplash Even if a jet ski crash does not cause a direct injury to the head, the sudden motion of a collision can cause severe injury to the neck and back. Whiplash can cause serious pain, and it might not manifest for some time after the accident. Contusions Any type of collision can cause serious bruising. In a jet ski accident, an operator can collide with their own vehicle or with other watercraft. In either case, the resulting contusions can be painful. They can also be signs of deeper injuries in some cases. Broken Bones Fractured or broken bones are a risk in any vehicular accident. In a jet ski crash, a broken bone can be life-threatening if it interferes with a person’s ability to stay afloat after being thrown from their vehicle. Cuts Cuts and abrasions are common results of watercraft accidents. They can range from minor cuts caused by the impact of the collision to severe lacerations caused by a boat propeller. Exposing a cut to river, lake, or ocean water can also increase the risk of infection. What to do After a Jet Ski Accident in South Carolina The following steps can help you protect your safety and your legal rights after a jet ski accident: 1. Get to Safety Accidents on the water can be extremely dangerous. In addition to injuries from a collision, you risk infection or drowning. Get yourself somewhere safe and check yourself for injuries. Call for help and, if possible, help others who might have been injured. 2. Exchange Contact Information with Relevant People You will need the contact information of other people involved in the accident, as well as any witnesses. Get people’s names and phone numbers. Ask the other boaters if they have insurance. If they do, be sure to ask for that information. 3. Gather Evidence and Witnesses Collect as much evidence as you can. If possible, take pictures of your injuries and the damage to your jet ski. Talk to any witnesses and get their contact information. 4. Report the Accident to the South Carolina Department of Natural Resources (SCDNR) The SCDNR is responsible for recreational boating regulations in South Carolina. If a jet ski accident resulted in injuries requiring medical treatment, loss of consciousness, death, or property damage, you must report it. 5. Visit a Doctor As soon as possible, seek medical attention for your injuries. You will need documentation of your injuries to make an insurance or legal claim. Some injuries, such as whiplash, can take days or even weeks to manifest. 6. Contact Your Insurance Provider If you have a boating insurance policy, you must notify them about the accident within a few days. You may be able to file a claim on your own insurance even though someone else was at fault for the accident. 7. Track Your Costs You will need documentation of all the costs you have incurred because of the accident: Medical bills Doctor notes Pharmacy receipts Medical records Missed workdays In addition to records like bills and receipts, you should take pictures of your injuries and property damage. You might also keep a journal where you describe the accident’s impact on your life. 8. Call Your Personal Injury Lawyer A personal injury attorney with experience handling jet ski accident claims can help you prepare your case. You need time to focus on recovering from your injuries. An attorney can gather evidence, prepare a claim, and advocate on your behalf with an insurance company or defense lawyer. Who is Liable for a South Carolina Jet Ski Accident? Some of the same laws that govern car accidents apply to jet ski accidents in South Carolina, but there are also some important differences. Anyone who operates a motor vehicle on South Carolina roads is required by law to have car insurance. This insurance can pay damages if a driver causes an accident. Boaters, however, do not have to have insurance. This can make recovering damages more difficult, but it is still possible for a skilled personal injury attorney. Liability for a jet ski accident could be based on either of the following legal principles: Negligence: A boater failed to operate a jet ski or other watercraft safely, causing you to suffer injuries. Product liability: A jet ski rental company failed to maintain a vehicle in good working order, which led to an accident and injuries. You are entitled to compensation for your injuries in either of the above situations. Damages may include medical expenses, property damage, lost wages, and pain and suffering. If a jet ski accident resulted in the death of a loved one, you can file a wrongful death claim against the individual or business that was at fault for the accident. What is the Statute of Limitations for Filing a Jet Ski Accident Claim? The time limit for filing a personal injury lawsuit involving a jet ski accident in South Carolina is three years from the date of the accident. If the accident occurred on July 1, 2022, for example, you must file a lawsuit before July 1, 2025. We Fight on Land and At Sea Have you suffered an injury in Myrtle Beach or elsewhere in South Carolina? We know how devastating it is to get injured doing a fun and relaxing activity like water sports. When you hire HawkLaw, you will have an experienced law firm on your side. We will take care of your case, allowing you to fully focus on recovering from your injuries so you can get back to the activities you love. Contact our office today at 888-HAWKLAW or through our online contact form to request a free consultation.* We have locations in Columbia, Charleston, Greenville, and Spartanburg, but can happily assist you wherever you live in South Carolina. ### How is Fault Determined in a T-bone Accident? In 2020, side-impact car crashes, also known as T-bone collisions or broadside collisions, accounted for almost 23% of all car accident deaths across the United States. In fact, according to the National Highway Traffic Safety Administration, 2020 alone saw 6,500 car accidents involving the side of the vehicle that resulted in fatalities. T-bone accidents are dangerous because they often occur at high speeds when someone is turning or blazing through a busy intersection. They can cause serious injuries and even death. If you were involved in a T-bone accident and find yourself seriously injured, do not hesitate to call the dogged South Carolina car accident lawyers at the law firm of HawkLaw, P.A. for legal advice and help. Our experienced personal injury attorneys will fight by your side in your car accident claim. HawkLaw Fights to Win! What is T-Bone Accident T-bone accidents, or broadsided accidents, happen as a driver makes a left turn or moves through an intersection and the side of the vehicle is struck by the front-end of another vehicle. These accidents are named as such because when an oncoming vehicle strikes another broadside, the result is like a “T,” or like the bone in a T-bone steak. Side-impact collisions can be catastrophic and leave drivers with mounting medical bills, severe injuries, lost wages, and emotional trauma that can last for life. If you have been in a T-bone accident, you deserve fair compensation for the damages you’ve suffered. Call the experienced car accident attorneys at HawkLaw for a free case evaluation in your car accident case.* Just fill out our easy online contact form or call 888-HAWKLAW to schedule a meeting with our legal team today. How Is Fault Determined in T-Bone Accidents in South Carolina? South Carolina uses modified comparative negligence to determine fault in a T-bone accident. This means you must be able to prove that the other driver acted in a negligent or irresponsible way, which led in some fashion to the accident, and that you were directly hurt in the accident. Beyond that, however, modified comparative negligence states that if you are found to be partially responsible for the accident, your award can be reduced accordingly. If, you hold 10% responsibility for the case, which is found to be worth $200,000, you may only be awarded $180,000. Even worse, if you are found to be more than 50% responsible, you can be barred from collecting any compensation whatsoever. This is important because the insurance company for the other driver will go to great lengths to shift the blame onto you. The driver turning left is usually found at fault in such accidents, but there are a few exceptions. If the car turning left had a green arrow or was forced by another car to brake suddenly or swerve, they may not be responsible. Likewise, if the car going straight was speeding, ran a red light or stop sign, or otherwise violated the law, the left-turn driver may not be responsible. The right car accident lawyer can help you fight back and hold the responsible driver accountable. What Are the Most Common Causes of T-Bone Accidents in South Carolina? The common causes of T-bone car accidents are similar to those of other car accidents. For example, someone ignores the right of way, is driving distracted or drunk, ignores a traffic light, or otherwise acts in a careless or irresponsible manner. In addition to the common causes of other types of accidents, T-bone car accidents can happen for the following reasons. Driver Attempting Unsafe Left Turn When drivers ignore traffic lights or try to beat oncoming traffic as they speed through intersections at a left turn, it can open them up to side-impact collisions, either as the person who gets hit or the one who strikes another vehicle in oncoming traffic. Usually, unless there are extenuating circumstances, the automobile making the left-hand turn is the one assumed to be the at-fault driver. Running a Stop Sign or Red Light Running stop signs or red lights at intersections is one of the most dangerous and reckless acts a motorist can commit. Whether it’s because a green light suddenly turned yellow, the driver is trying to beat the light, or the driver is just being negligent, the accidents they cause are serious. Bad Weather or Low Visibility Inclement weather conditions like fog, ice, snow, and rain can create the circumstances for a catastrophic accident. Some broadside collisions happen when one car loses control and spins sideways in front of oncoming traffic. Another car, unable to stop in time, strikes the side of the vehicle. Often, personal injury claims in South Carolina related to these types of auto accidents can get quite complex, with insurance adjusters using many tricks to try to reduce the amount of compensation you get or even deflect the blame off their client. Hiring an experienced car accident attorney can make a big difference in your fight for compensation. 6 Common Injuries From T-Bone Crashes Any car accident injury can be serious, but those from T-bone auto accidents can be catastrophic because the side of your car often offers the least amount of protection from a direct impact. Some of the more common injuries from side-impact collisions include organ damage, concussions, traumatic brain injury, spinal injuries, paralysis, broken bones, whiplash, and cuts and bruises. Organ Damage Organ damage is one of the deadliest injuries you can face because you may not even know you have it. You might feel fine at first, but you could suffer internal bleeding or even tear blood vessels near your heart, which can lead to sudden death before you realize anything has happened. Concussions/Traumatic Brain Injury (TBI) Concussions or traumatic brain injury can create injuries that last for life. You may experience issues like marked personality changes, difficulty controlling your emotions, mood swings, a complete change in your ability to enjoy the things you used to, or the inability to relate to other people. These injuries can damage your ability to maintain relationships, focus, or even hold a job. Because your brain controls everything that occurs in your body, a brain injury can cause your heart, lungs, or even limbs to not function the way they should. In the worst cases, they can result in death. A South Carolina personal injury lawyer may be able to help you fight for compensation while you work to get your life together. Spinal Cord Injuries/Paralysis If your brain is the organ that controls your body, the spine is the major highway through which all the signals it sends travel. Injuries to your back can cause lifelong pain, loss of range of motion and strength, and even death. Far too often, those who suffer back injuries end up with partial or complete paralysis. When you cannot use your limbs, it makes it difficult to maintain a job, and you may spend months or even years adjusting to your new life. The right personal injury law firm can help you fight for the compensation you deserve when the insurance company tries to get out of paying your medical expenses. Broken Bones Broken bones can take weeks or months to heal. In some cases, they may never heal properly. Injury victims may never get the full use of their limb back, especially in the case of a compound fracture, where the bone pierces and protrudes from the skin. In some cases, after many months of therapy, they may be able to function somewhat normally again, but they may never be completely the same. Whiplash Whiplash is a type of soft tissue injury where your head whips forward and then suddenly stops. It can rob you of the range of motion in your neck and shoulders. It can even occur in conjunction with a brain injury or spinal injury as your brain also rattles inside your skull and your vertebrae put pressure on your nerves. Cuts and Bruises Most cuts and bruises are minor, but deep gashes in the wrong place can put you at risk of death. Internal bruises can cause serious injuries that can take a long time to heal. Bruised ribs can leave you with difficulty breathing and the inability to perform normal daily tasks for quite some time. What Should I Do if I Get Into a T-Bone Car Accident in South Carolina? The steps you should follow after a T-bone accident are the same as those after any car accident. The most important thing right away is to try to stay calm. As difficult as it might be, staying calm can help you avoid making critical mistakes that can be costly later. Other steps include the following. Call the Police The first step is to call 911 and request that first responders come to the scene. This accomplishes two important things. First, it allows you and everyone else on the scene to get medical attention. Second, it allows you to file a police report, which can be an important touchstone for you later in your case. Attend to Your Injuries Even if you do not feel hurt, make sure you get looked over by a medical professional. Some injuries can take weeks to present symptoms, and by then, it may be too late. Getting evaluated early serves two purposes: it lets you address your injuries before they get worse, and it shows that you took your situation seriously from the start. Exchange Information With the Other Driver Do not argue with the other driver. Do not place blame. Do not discuss what happened, and especially do not apologize for anything. Simply exchange insurance and contact information. If police are on the scene, they may be able to help with this. Gather Witnesses and Evidence If there are any witnesses on-site who are willing to testify to what they saw, get their names and contact details. Eyewitness testimony may help support your story. Call a Lawyer Get in touch with an attorney as soon as possible. This may be the most important call you make after your accident. The right lawyer will be able to help you fight back when the insurance company tries to shift the blame, and they can take over communications with the insurance adjuster. They can also help you meet all the filing deadlines for your claim and help oversee that all the paperwork is filed correctly. Most of all, the right car accident attorney can fight for your rights and help you hold the at-fault driver responsible. Do Not Let T-Bone Accidents Hit You Financially HawkLaw has fought for people just like you for decades. We have offices in Charleston, Columbia, Greenville, and Spartanburg, South Carolina and have represented clients from all over the state. If you have been hurt in a T-bone accident, reach out to our law firm. Call 888-HAWKLAW or use our easy online form to schedule a free consultation and case review today.* HawkLaw fights to win. Let us fight for you. ### What Are the Risks of Weaving Through Traffic? When you are driving your motorcycle on the open highway, it can be tempting to pass by slow-moving vehicles. However, going at higher speeds increases your likelihood of a fatality or serious accident, especially when you pair speeding with other dangerous practices such as weaving through traffic or lane splitting — which, by the way, is illegal in South Carolina. In The Palmetto State, motorcycles are entitled to – and supposed to – use a full lane, just like other motor vehicles. Still, even motorcyclists who follow traffic laws may be vulnerable to other reckless and aggressive drivers. Unfortunately, those on bikes are more susceptible to serious injuries and fatalities because their vehicles do not have the same protective elements as cars and trucks. If you or a loved one were in a motorcycle accident recently, reach out to motorcycle accident lawyers at HawkLaw, P.A. for help recovering compensation. Our motorcycle accident attorneys are highly knowledgeable and will fight hard for you. HawkLaw Fights to Win! Call us today at 888.HAWK.LAW. What is Considered Weaving Through Traffic in South Carolina? Weaving is a dangerous driving behavior that can lead to injury or death. When a motorist rapidly moves back and forth between lanes, this is referred to as weaving. Drivers may attempt to weave on roads in heavy traffic conditions to get ahead, try to pass other slower drivers, squeeze into spaces not designed for a merge, or try to get into a lane that is occupied by other drivers. All of these instances can lead to a motorcycle or car accident. Were You Injured in a Auto Accident? HawkLaw Is Committed To Fighting For The Compensation You Deserve FREE CONSULTATION* 888-HAWKLAW Why Do People Weave Through Traffic? The most common reason why motorists engage in weaving in and out of traffic is that they erroneously believe it will save them significant amounts of time. Drivers might try to engage in weaving during rush hour, if there is construction ahead, or in bad weather. Other factors typically associated with weaving include: Aggressive or impulsive personalities Intense emotions Environmental factors Drugs or alcohol Distracted by cellphones or other devices Regardless of the reason why a driver weaves in traffic, this type of aggressive driving behavior is more likely to cause accidents, leaving the driver or other crash victims to potentially suffer severe consequences. Does Weaving Actually Save Time for SC Motorists? Technically, yes, weaving does save time for motorists because they avoid slowdowns caused by other vehicles driving in front of them. The amount of time they are able to save, however, is not significant. It is certainly not enough to justify the hazards they create. Road tests conducted by Mythbusters found weaving saved a mere two minutes over their test driver who stayed in their lane. Other follow-up road tests found weaving might save a few more minutes but not enough to justify the act. Even if it saves 10 minutes, the big question is, are the risks worth it? While weaving in traffic may shave a few minutes off a drive, the loss of life or cause of severe injuries is tragic in comparison. To successfully swerve in and out of lanes, drivers must speed up and then quickly adjust to the speed of the lane they are entering without losing control of the vehicle. It is easy to see how this can quickly lead to accidents, especially since other drivers are not typically expecting their fellow motorists to engage in this reckless driving. What is the Risk of Weaving Through Traffic? Misguided drivers do not realize the hazardous conditions they create on the road when they make the decision to weave in and out of lanes during their commute or road trip. Most states consider weaving to be a form of reckless driving since it involves speeding, tailgating, and cutting off fellow motorists. Many also are so focused on zipping in and out of their lane on city streets that they neglect to use turn signals, which can create confusion for other drivers when weavers suddenly switch lanes. It Increases Rear-End Collisions Weaving frequently leads to rear-end collisions because once the driver swaps lanes, they often must hit the brakes because the vehicle in front of them may brake or be driving slower than estimated. Furthermore, the driver, along with other cars, has less time to respond. Since many road weavers must tailgate in order to squeeze into another lane in between two other cars, this can also lead to a rear-end collision. Drivers Often Do Not See Motorcyclists Oftentimes, when someone is changing lanes, they fail to see a motorcyclist, which results in a collision. If a car or truck is weaving in and out of traffic, they are more likely to hit a motorcyclist due to view obstructions or glare, preventing them from seeing the smaller vehicle. Larger vehicles have blind spots, and it is easy for motorcycles to fall out of sight. What Should I Do If I See Another Vehicle Weaving? If you see another vehicle weaving, you should be proactive about your own driving decisions to help keep yourself safe. Avoid Driving Near a Reckless Driver Try to avoid reckless vehicles as much as you can. Keeping your distance, which includes not confronting the aggressive driver, will go a long way toward keeping yourself, your passengers, and other people on the road safer. Drivers who weave in and out of the right lane to the left lane and back may also be suffering from road rage. Do not add fuel to that fire. Give Them Space Always be on the defensive when driving, especially when an aggressive motorist is sharing the road with you. The other person is not considering how their driving is affecting others, they are only focused on themselves. It is easier – and safer – to simply give them some space and let them pass you. Maintain your current speed as best you can. If not possible, slow down and give yourself extra space. Call Highway Patrol The frustration felt when dealing with reckless drivers is not worth escalating the situation. This will only create even more risk of a car accident occurring. Instead, call the highway patrol to deal with the driver. If you can, get the license plate number, and if the other driver is operating a commercial vehicle with identifiers, get its phone number. Then, pull over to call the authorities if you are driving alone – if you have a passenger, ask them to make the call. The bottom line is that all drivers should avoid this dangerous practice, keep safe distances between themselves and other vehicles, stick to posted speed limits, and follow the right-of-way laws. Can I Sue If Someone Hits Me While Weaving Through Traffic? Yes, you can bring a lawsuit against a person who hits you while weaving through traffic. South Carolina is an at-fault state but also operates under what is called a modified comparative negligence law. If you were less than 50% at-fault for the accident, you may file a claim against the at-fault driver. Weaving is considered reckless driving, so any weavers will likely be found at fault. If you or a family member is involved in a motorcycle crash due to a car weaving in and out of lanes, you may be entitled to compensation to help cover medical bills, lost wages, loss of future earnings, property damage, reimbursement of attorney’s fees, funeral expenses, and pain and suffering. It is a good idea to speak with a knowledgeable personal injury attorney as soon as possible. Do Not Let the At-Fault Driver Weave Their Way Out of Liability If you were hit by a reckless driver in a motorcycle or any other vehicle, call our lawyers. Our skilled injury attorneys are well-versed in the rules of the road and can help you build a case against the at-fault driver so you can recover a full settlement. We will also be your go-between with car insurance companies, so they cannot try to convince you to accept all or part of the blame. To request a free consultation,* call the HawkLaw legal team today at 888-HAWKLAW or complete our online contact form. ### What Happens if an Unlicensed Driver Crashes Your Car Every South Carolina driver is required to have a valid driver’s license to operate a vehicle within the state. In most cases, drivers never question whether another driver has their license — everyone assumes that others follow the law, just like they do. However, that is not always the case, and driving without a license can come with stiff penalties. That is why an unlicensed driver is more likely to flee the scene of an accident. If that happens, you might be left hurt, alone, and afraid. You also might not know what to do to protect your legal rights in that situation. If you have been involved in an accident with an unlicensed driver and are unsure what to do next, contact the experienced car accident attorneys at HawkLaw, P.A. Can I Pursue a Claim for Damages in South Carolina? You can still pursue a claim for damages in South Carolina against an unlicensed or uninsured driver. If the other driver does not have insurance and lacks the funds to pay for your damages and injuries, you can sometimes file a claim with your insurance company for uninsured motorist coverage to receive compensation. What to Do After a Crash With an Unlicensed Driver After a crash with an unlicensed driver, it is essential to take the proper steps. Stay calm and get to safety. If you can get the vehicles off the side of the road, do so. Take whatever steps possible to avoid things getting worse. Next, call 911 to get first responders on the scene. This will accomplish two things. First, it enables everyone on-site to receive medical treatment. Be sure everyone, including you, gets attention, even if you do not feel hurt. Second, file a police report. This report will be a vital touchstone for you moving forward. Next, gather evidence. Take photos, make notes, draw diagrams, get witnesses' contact information, and exchange information with the other driver. When you get home, contact your insurance to report the accident and begin your insurance claim. Finally, and most importantly, contact a South Carolina car accident attorney. This last step might be the most important call you make. Who Is Liable in a Crash With an Unlicensed Driver? Whether both drivers have a valid driver’s license is not always a factor in determining the at-fault driver. The process for determining liability in an accident is the same as above: a driver must violate their duty of care, this violation must lead to the accident, your injuries must arise as a result of the accident, and you must show actual damages. In general, driving without a license in South Carolina if stopped by the police with result in a measurable fine. in the event of a crash, it can be difficult to pursue damages for your car accident injuries if a driver does not have a license. This is because most drivers without a license also do not have car insurance. Whether a driver has liability insurance does not affect their legal liability. The driver can still be at fault (or have legal liability) regardless of whether they have a license or insurance. However, if the at-fault driver does not have insurance, that can make it harder to obtain payment for the injuries and property damage associated with your car crash. What Dangers Do Unlicensed Drivers Pose? According to the AAA Foundation for Traffic Safety, roughly one in five fatal crashes involves an unlicensed driver or a driver whose license is invalid. The AAA updated this study from 2007 to 2009 to determine whether those statistics still hold true. They found that from 1990 to 2009, there was an increase in fatal crashes that involved unlicensed drivers. Most of these types of crashes involved young adults (from ages 21 to 34). Roughly 50% of all unlicensed or invalidly licensed drivers in fatal accidents had alcohol in their system. After considering unlicensed drivers who could not leave the scene of an accident because they were incapacitated or killed, roughly 32.4% of drivers who left the scene of a fatal crash did not have a valid driver’s license. Reasons for Not Holding a Valid License Millions of people drive motor vehicles without a valid driver’s license in the United States. Unlicensed motorists include those who have never had a valid driver’s license and those who have let their license lapse or had it suspended or permanently revoked. Examples of individuals who might have their license revoked include those who have: A DUI conviction (or several convictions) Failure to maintain automobile insurance Too many points on their license due to unsafe driving or moving violations Conviction of other specific kinds of criminal offenses Further, other individuals may not have had their license revoked, but they do not qualify to have a license for another reason. The following individuals might make the decision to drive without a license. Teenagers who did not pass a driver’s exam or did not otherwise take the right steps to get their license for the first time An elderly person who failed their renewal exams, such as for a vision issue or mental impairment An individual who has a medical condition that limits or restricts having a driver’s license An immigrant who has not yet gotten their driver’s license in the United States, even if they were licensed in their home country In most cases, those who are unlicensed do not have a license for a reason — they may be unqualified or unfit to drive, which leads to accidents. Unlicensed Drivers and Liability in South Carolina In general, driving without a license in South Carolina if stopped by the police with result in a measurable fine. However, unlicensed drivers pose to others around them. In the event of a crash, it can be difficult to pursue damages for your car accident injuries if a driver does not have a license. This is because most drivers without a license also do not have car insurance. Whether a driver has liability insurance does not affect their legal liability. The driver can still be at fault (or have legal liability) regardless of whether they have a license or insurance. However, if the at-fault driver does not have insurance, that can make it harder to obtain payment for the injuries and property damage associated with your car crash. Driving Without a License Penalties Driving without a license in South Carolina is a misdemeanor. The consequences for driving without a license vary based on the reason you do not have a license. Never Had a License If you have never had a license, you may have to pay a fine of up to $300. You might also have to spend up to 30 days in jail. If you drive without a license three or more times, then you may have to spend up to six months in jail. Expired License If your license has expired, it is still invalid. You need to take steps to activate your license again for your license to be valid. If you renew your license within a week and prove it to the court, then your charge and ticket may be dismissed. If you do not renew it within a week, you may have the same fines as if you did not have a license—up to a $300 fine and 30 days in jail. Revoked or Suspended License If a driver’s license has been suspended, the penalties are much harsher than never having a license or using an expired one. For the first offense, the minimum penalties are a $300 fine and up to 30 days in jail. You may have to spend up to six months on house arrest for later offenses. Modified Comparative Negligence South Carolina is a modified comparative negligence state. A car accident victim can still receive damages for their injuries in a car accident as long as the victim is less than 51% responsible for the accident. The amount of money damages that the victim can receive will be reduced by their percentage of the fault. For example, if the car accident victim is 10% at fault and their damages are $10,000, the most the victim can receive is $9,000 ($10,000 less 10% for fault). How Do You Protect Yourself During an Accident with an Unlicensed Driver? 1. Call the Police Call the police after any car accident. It is especially important to call the police if you realize that the other driver involved in the crash does not have a license. Getting a police report will be helpful to provide to your own insurance company as well. 2. Record Information If possible, take down the information of the other driver and record any information you can find about the other vehicle. Having this information will be critical if the other driver tries to leave. It will also be helpful for your report and claim. 3. Seek Medical Attention Get medical help after an accident. If you need emergency medical attention, call for an ambulance. Otherwise, get a ride to a nearby hospital or medical institution. 4. File an Insurance Claim Contact your insurance company as soon as you can after the accident to make a car accident claim. Reporting the vehicle accident will help you take advantage of any insurance coverage you might have for uninsured or underinsured motorist coverage. Check your insurance policy to determine if you have this type of coverage. 5. Contact an Attorney Contacting a car accident lawyer as soon as you can after an accident will often increase the chances that you receive the compensation you deserve to address your bodily injuries and property damages. A personal injury lawyer will provide helpful legal advice, including understanding your own auto insurance policy if necessary. Do You Need an Attorney After a Car Accident with an Unlicensed Driver in South Carolina? An attorney will understand what steps you will need to take after a car accident. They can explain your rights and assert your claim against an unlicensed or uninsured driver. They can also negotiate on your behalf with auto insurance companies, gather medical bills, investigate the other driver, interview witnesses, and much more. Take Action Against an Unlicensed Driver Before It’s Too Late You have certain time limits to take action after a car accident in South Carolina. Do not wait to contact an experienced personal injury attorney. Call HawkLaw for more information about how we can help or schedule a free consultation* with a member of our team. Our law firm is here for you, and we Fight to Win. ### Common Hazards Motorcyclists Should Look For Road hazards are a risk to all motorists, but doubly so to motorcycle riders. Riding a motorcycle should be a fun, carefree experience, but motorcyclists experience many dangers on the road every day. Unlike a car, a motorcycle does not offer the protection of walls and a roof, so minor obstacles can quickly turn into life-threatening hazards. Learn about some of the most common road hazards that cause motorcycle accidents, and if you are involved in an accident, contact the experienced personal injury attorneys at HawkLaw, P.A. Common Road Hazards for Motorcyclists in South Carolina As a motorcyclist, hazards that present a minor threat to other motorists can raise the risk of catastrophic motorcycle accidents. While riding your bike, you must be extra cautious of these hazards while navigating the roads: Loose Gravel and Road Debris Potholes Edge Breaks Road Joints Slippery surfaces Wildlife Railroad crossings Loose Gravel or Road Debris Loose gravel, road debris, and other dangerous road conditions can present a real risk to bikers. Whether sand, dirt, or fallen tree branches, anything that is not usually supposed to be on the road can cause a motorcycle crash. Since you only have two tires, these rough roads might be a negligible risk to cars but can cause you to spin out quickly and suffer serious injuries. Potholes Potholes can be devastating to motorcyclists. If you hit what in a larger vehicle would be called a “tire buster,” you can actually flip your bike and go over the handlebars. Such an accident can result in broken bones, head injuries, back and neck injuries, and even death. Edge Breaks Edge breaks are places where the road has weathered or worn irregularly. Often, they occur on the shoulder of the road, where the pavement does not have enough strength, or when precipitation and inclement weather conditions cause wear through the shoulders. They create the kind of uneven road that can cause a bike to lose traction and spin out, especially when swerving to avoid another obstacle. Road Joints Road joints or expansion joints are a normal part of constructing pavement, but they are places where the pavement slab is not continuous, enabling the road to expand, contract, and warp without crumbling. Because they allow for compression of this sort, they form sections of uneven road surfaces which can present a hazard that, at high speeds, can result in loss of control of your bike. The most common form of road joints you will likely encounter are bridge joints, found at the beginning and end of almost every bridge. Slippery Surfaces All sorts of conditions can cause slippery surfaces. Oil and chemical spills can cause slick surfaces but so can rain, ice, and other forms of inclement weather. If your tire tread is low, surfaces that otherwise might be stable can become quite slick. For example, hydroplaning can turn a solid road into an unmanageable slick surface when you are driving at high speeds in the rain. Animals Animals are a risk to every driver. You may be driving along any road — even a highway — and without notice, a deer, raccoon, or squirrel darts out in front of your bike. Swerving or brake slamming to miss these creatures can cause you to lose control in the blink of an eye. Who Is Liable for Motorcycle Accidents Caused by Road Hazards? Trying to work out who is responsible for a motorcycle accident caused by dangerous road conditions can be frustrating and scary. Several parties may be held accountable for road hazards, depending on the specifics of the accident. It will help to have a qualified motorcycle accident lawyer in your corner to assign liability for the injuries you suffer. First, understand the meaning of liability. Assigning liability means you have to prove negligence on someone’s part. This means showing that they had a duty of care that they violated. This violation led directly or indirectly to the accident, and finally, you were hurt. If you can prove that a city or state government should have done more to address the problem, they may be held liable. If you can prove that another driver caused the hazard, such as a dump truck or chemical truck in front of you spilling a hazard on the road, that driver may be responsible. A wide range of people could be liable if they are in a commercial vehicle. These scenarios have one thing in common: they can get complicated in a legal sense. This is why it is essential to seek legal advice from a qualified South Carolina motorcycle accident attorney whenever you or a loved one is in a motorcycle accident caused by road hazards. Why Are Other Drivers Considered a Hazard for Motorcyclists? Other drivers may be among the greatest hazards faced by motorcyclists every day. This is because your vehicle is much smaller than theirs, and drivers may not see you due to the different heights. Common places for motorcycle crashes involve instances of cornering, passing another driver in their blind spot, and at intersections. Distracted drivers are a problem across the board and doubly so for motorcycle riders. In fact, according to the CDC, nine people are killed every day across the united states in crashes caused by distracted drivers. That is an astonishing number of fatalities. Motorcycle Safety Tips The basic tactics motorcyclists can employ to avoid accidents are the same as those observed by other vehicles. Do not tailgate, pay attention to traffic patterns, and use both brakes. Do Not Tailgate Always keep plenty of distance between you and a vehicle in front of you so that you can react to unforeseen situations. A good rule of thumb is to stay at least two seconds behind you and the vehicle in front of you. Watch Traffic Patterns If you can, stick to areas where traffic is light. Crowded lanes with high traffic give you less room to maneuver to avoid hazards. Use Both Brakes When applying your brakes, use both the front and the back brakes. This will more evenly slow your vehicle. In addition, apply the brakes gradually and consistently to avoid locking your wheels. Involved in a Road Accident While out Riding? If you are involved in a road accident while out riding, contact first responders to get medical attention, then contact your insurance company to file a report. Finally, and perhaps most importantly, contact the personal injury lawyers at HawkLaw. A motorcycle crash attorney can help you to hold the responsible parties accountable and fight for fair compensation. We have decades of experience in personal injury law and motorcycle accidents. We are tenacious negotiators and litigators and believe in a fair, honest, and open attorney-client relationships. We have fought for many people like you, and HawkLaw Fights to Win. Are You Prepared to Ride on Bad Roads? You do not have to go alone if you have been in a motorcycle accident. If someone else caused your injuries, you deserve to be compensated for your medical bills, lost wages, and pain and suffering. Call HawkLaw at 1-888-HAWKLAW or use our online contact form to request a free consultation* with a member of our Client Engagement Team today. ### Do You Have to Pay Taxes on a Personal Injury Settlement? After suffering an injury in a serious South Carolina accident, you are probably worried about getting the maximum settlement for your claim. You should not have to pay out of pocket for something the at-fault party did. However, getting fair compensation is only part of your concerns. You also need to know whether you must pay taxes on your personal injury settlement or what you will need to claim on your tax return. In most cases, you will not have to pay taxes for most of your compensation, but there are exceptions where some tax may be due. Your South Carolina personal injury lawyer can help you determine the compensation you are owed and give you an idea of what kind of tax implications you should expect once you have received payment. If you have any questions or need help filing your personal injury claim, do not hesitate to call the HawkLaw, P.A. law firm at 888.HAWK.LAW or complete the online contact form. Our team is happy to provide a free consultation* and discuss the different courses of action you can take. What Damages Can I Collect in a South Carolina Personal Injury Case? If you are injured in an accident in South Carolina, you can pursue and collect both economic and non-economic damages. Between the two types of damages, this should help cover the costs associated with your injuries and any losses, including pain and suffering. Economic Serious injuries often result in massive expenses you would not have incurred without an accident. These expenses mean there will be substantial dollar amounts you will have to pay out, which you will need to consider when it comes to tax time. Damages associated with medical expenses and care are considered actual losses. Expenses falling under this umbrella include medical bills, rehabilitation expenses, medications, lost wages, loss of income and earning capacity, funeral costs, property damage, and other costs you will likely have had to pay. Non-Economic Non-economic damages are different. These damages are intangible losses calculated by monetizing the value of the victim's pain and suffering. Damages under the non-economic umbrella include pain, suffering, physical impairment, disfigurement, emotional , loss of consortium, injury to reputation, mental anguish, and humiliation, to name a few examples. Your attorney can determine if you suffer from other non-economic damages. Since there is a good chance you may be eligible to pursue both economic and non-economic damages, you should understand the related income tax burdens and implications. Are Personal Injury Settlements Taxable in South Carolina? When an accident leaves you hurt, your compensation should cover the costs of your losses, which you would not have suffered if the at-fault party had done their duty to be careful. The intention of the money is to make up for something taken from you by someone else’s negligence. So why should you have to pay taxes on it? At the federal level, you do not. Most of the money you receive from your accident settlement is not taxable under South Carolina tax code law. However, there are exceptions where you must pay tax on the money you receive as a settlement award. Under the Internal Revenue Service’s IRC 104, any income you collect from damages or settlements may be excluded from taxable income. At the state level, the question of whether you have to pay taxes on an injury settlement becomes less clear. The answer depends on the types of damage for which you receive compensation. Some types of non-compensatory awards are taxable. It is advisable to obtain legal representation to help you understand your legal requirements and weigh your options. The South Carolina personal injury lawyers at HawkLaw can provide resources to help you understand how any taxability of personal injury settlement amount might apply to you. What Portions of My Personal Injury Settlement Are Exempt From Taxes? Unfortunately, the IRS will enforce tax liabilities in personal injury settlements — at least to some extent — for car accidents and other events that lead to injury. On the plus side, some areas of settlements are not taxable, and you will not get a federal tax bill for certain awards you receive. Medical Bills In most cases, any settlement money awarded to you to cover the medical expenses you are left to deal with is tax-exempt. This includes any compensation you receive to pay for medical bills, treatments, medications, or therapy for any physical injuries or physical sickness. You are not responsible for paying taxes on this money because your physical ailments are the direct cause of the accident and are not something you would have to pay for if you did not suffer injury due to the other party's actions. Pain and Suffering When it comes to tax issues, any compensation you receive for your pain and suffering is not as straightforward as medical expenses. Under South Carolina law, you are not responsible for paying taxes on injury settlements to compensate for any physical injuries or physical illness you endure because of an accident. However, this concept gets more complex regarding emotional and cognitive injuries, such as PTSD or anxiety. As a result, the money received for these may not be tax-exempt. Working with an experienced attorney who can frame your emotional injuries and tie them to your physical injuries and sickness can help to reduce your tax liability. What is the Difference Between Compensatory and Non-Compensatory Damages? You may have heard the terms compensatory and non-compensatory damages but are unclear on exactly what they mean. This confusion is common, but when facing a personal injury situation, it is vital to understand the differences between the two. Compensatory Damages Essentially, compensatory damages are losses directly linked to your injuries. For instance, if you are awarded money to help cover your medical expenses, pain and suffering, rehabilitation, therapy, and anything else you need or have lost because of any physical injury you suffer, these would be considered compensatory. Additionally, loss of consortium would also be compensatory and non-taxable as long as the cause results from physical injuries resulting from the accident. Property damage resulting from the accident would also fall under the compensatory umbrella. Non-Compensatory Damages Non-compensatory damages are those not directly linked to losses you have suffered due to an accident. These are not given to reimburse you for any losses but are “extra” awards in a lawsuit decision or settlement stemming from a lawsuit. Since it is not replacing anything, this money is typically taxable. Examples include lost wages, loss of future earnings, and punitive damages. Before you speak with the insurance companies about your accident, you should discuss your situation with a knowledgeable attorney regarding any compensatory and non-compensatory damages you may be eligible to receive. Insurance companies will fight to pay the least amount possible, so you want someone by your side who will fight for you and stand by your side every step of the way. Do I Have to Pay Taxes on My Lost Wages? You will most likely be responsible for paying taxes on your lost wages. This money is almost always considered taxable because this portion of your settlement replaces your lost income, which has tax liability. Loss of future wages would also apply here since you would be paying taxes on your future salary. Discussing this topic with your attorney is crucial when pursuing an injury settlement. This is because your taxes are calculated based on the amount you receive, including large lump sums, which can put you in a much higher tax bracket. Your attorney can recommend legal strategies to help offset the high costs associated with taxes, such as pursuing a higher settlement payout. Keep in Mind: Punitive Damages Are Almost Always Taxable Punitive damages are not meant to replace losses. They are a punishment given to a negligent party who has shown egregious behavior and gross recklessness that caused injury to yourself or your family members. To be eligible for punitive damages, a victim must demonstrate the defendant’s malice, disregard for safety, or both. In South Carolina, a jury determines the amount based on their case assessment. Since this award punishes the defendant, it is not based on your actual damages or losses. Punitive damages will always result in a tax liability as it is not exempt from taxes under tax law IRC 104. Is a Personal Injury Case Worth It If I Will Be Taxed? Yes, regardless of taxation, it is worth the effort. You should pursue a personal injury case without stressing over taxes because, in almost all cases, most of the money you receive will be tax-free, making your personal injury claim a worthwhile pursuit. Even if you eventually have to pay some taxes on the settlement you fought for and received for your injuries, it is hard to imagine a scenario in which the taxes outweigh the benefits of obtaining justice and compensation for your ordeal. While it is important to be mindful of the taxation of personal injury settlements, it should not make or break your decision to pursue a personal injury settlement in South Carolina. Still, if you have questions or concerns, you should never hesitate to contact our knowledgeable attorneys at HawkLaw. We are always happy to answer any questions about pursuing a case or address your concerns about dealing with taxes from a settlement award. Get (and Keep) a Larger Settlement With Help From an Attorney If you or a loved one are suffering from injuries caused by another party, you deserve compensation for your losses. Insurance companies are not on your side, whether for auto accidents or workers’ compensation cases. Even though they may sound sympathetic, they rarely make settlement decisions based on your best interests. In many cases, pursuing a personal injury lawsuit is your best option, so you can get the money you need to cover your expenses. While money cannot replace what you have lost in a physical injury or wrongful death, it can help make life a little easier. When it comes to a personal injury settlement, you want to know that you are getting the maximum value. However, it can be tough to determine what part of your settlement you will get to keep. Discussing your personal injury settlement with a knowledgeable accident lawyer who can work with you while mindful of the tax liabilities is essential. The good news? Your South Carolina personal injury lawyer from HawkLaw, P.A. can guide you. We pride ourselves on providing sound legal advice and building trusting relationships with our clients. HawkLaw has personal injury lawyers in Spartanburg, Columbia, Greenville, and Charleston. Contact us today to set up your free case evaluation* by calling 888.HAWK.LAW (888-429-5529) or by completing the online contact form below. ### What is the Average Payout for a Rear End Accident? Rear-end car accident cases in South Carolina are not always as cut and dried as they may seem. It is true that whether you were brake checking or the other car is tailgating you, or both, or in some different situation, rear-end car crashes usually have a clear driver who is liable for the accident. If someone has hit you from behind in a rear-end car accident, you may still be wondering what to do next. The experienced car accident lawyers at the HawkLaw, P.A. law firm are ready to assist you with gathering evidence, building a strong accident injury claim, and negotiating with insurance adjusters on your behalf. You do not have to go it alone. HawkLaw Fights to Win, and we are ready to fight for fair compensation in your car accident settlement. What to Do After a Rear-End Crash? The steps to take immediately after a rear-end car accident are the same as those after any other accident. The first, and most important thing to do, is to try and keep your wits about you and maintain a clear head. Getting angry and accusatory will not help, and it can actually hurt you in the long run. Seek Medical Attention The first thing to do is to call first responders right away. Everyone on site must get medical attention, including you. Even if you do not feel hurt, be sure that a medical professional examines you. Some injuries can take days, weeks, and even months to show symptoms, and getting medical treatment early can prevent an injury from worsening. It also demonstrates to the insurance company that you took the situation seriously immediately, should you need to pursue a claim later. Call Law Enforcement When you call first responders, request that law enforcement be sent as well. Having police on the scene helps pursue your case. Having police at the location allows you to file a police report, which you should always do after an accident. While a police report cannot be used as evidence in a court case, it can be an important touchstone for you to remember the details of what happened as you retell your story in the future. Gather Evidence Whatever evidence you can gather of the accident may be of help. Take photos of the scene from as many angles as possible, including the damage to your vehicle, skid marks on the pavement, any damaged landmarks such as street signs and phone poles, and other physical evidence. Make notes and draw a diagram while it is fresh in your mind. Speak to witnesses and ask if they can testify to what they saw. If they are, get their contact information. Eyewitness testimony can be important in your car accident settlement. In the end, the more evidence you can gather, the better off you will be when it comes to negotiating your car accident settlement. File an Insurance Claim Contact your insurance company immediately when you get home and file an accident claim. Many insurance providers make it a requirement in every insurance policy that you must report accidents within a specific timeframe, and failure to do so could result in losing coverage. This does not mean, however, that you need to tell your side of the story. The beginning of your insurance claim just requires you to report the accident. If the insurance company asks for more details, stick to the bare facts. You will probably hear from an insurance adjuster within a few days. Never agree to a rear-end collision settlement or sign any settlement offer or document without first conferring with your lawyer. The most important thing to remember is that you do not have to speak to the insurance company at all after your initial report. You can always direct them to your car accident attorney. Contact an Attorney Contacting a South Carolina personal injury attorney may be the most critical call in your rear-end collision settlement case. In fact, a survey conducted by Nolo showed that having an attorney can improve your chances of getting compensation and a higher rear-end car accident settlement amount. This survey showed the settlement value for those with an attorney averaged roughly 31% higher than the settlement value for those without legal representation. Having an attorney in your corner can save you stress and provide an important ally in your fight for justice. The knowledgeable personal injury lawyers at HawkLaw are here to listen to your case and fight for your recovery. To request a case evaluation, legal advice, and free consultation,* call 888-HAWKLAW or complete the online contact form to speak with a member of our team today. Causes of Rear-End Car Accidents The National Highway Transportation Safety Administration (NHTSA) defines a rear-end accident as one in which a vehicle is struck from behind by another vehicle’s front end. There are many reasons why rear-end collisions happen. Whether it involves someone trying to bait you into the accident by checking their brakes, a person not paying attention, the driver in front brake slamming to avoid a collision, or bad weather, all can result in severe injuries. Tailgating Tailgating simply means following another vehicle too closely to stop safely should that car come to a sudden halt. It is a type of aggressive driving, which can also include speeding, cutting vehicles off, or brake slamming. South Carolina law defines tailgating as following another vehicle more closely than is reasonable and prudent. This means that drivers are expected to account for the speed they are going and how long it will take their vehicle to come to a complete stop if the car in front of them also comes to a sudden halt. Distracted Driving Distracted driving is any activity requiring a motorist to take your eyes off the road. Most people commonly associate distracted driving with cell phone use and specifically texting while driving. While this is a common form of distracted driving, the term can also include an at-fault driver eating and drinking, reading while behind the wheel, checking your reflection in the vanity mirror, or even fiddling with the infotainment system trying to find something to listen to or entering directions into a GPS. Even taking your eyes off the road for a few seconds can result in catastrophic accident injuries. Weather Conditions Many severe weather conditions can create dangers resulting in rear-end auto accidents. Those that come to mind immediately include snow and ice. Even a light rain, however, can cause a car to hydroplane or create slippery roadways as it brings grease and oil to the road's surface. Extreme heat can also make stopping difficult because it affects your tires and can reduce traction. Drivers must always be aware of the weather conditions on any road to avoid serious auto accidents. What Are Common Injuries in Rear-End Accident Cases? Car accident injuries can range from minor bumps and bruises to catastrophically serious injuries resulting in accident victims' deaths. Some of these injuries can even be caused by devices designed to save lives. Accident victims can suffer broken bones, brain injuries, and even wrongful death. Among the most common types of injuries in car accidents are soft tissue injuries, head and neck injuries, and spinal cord injuries. Soft Tissue Injuries Soft tissue injuries refer to injuries that are not related to your bones. These include such things as sprains, torn muscles and ligaments, strains, bruises, and even cuts and lacerations. Soft tissue injuries can result in bruising and contusions, swelling, pain, and even loss of function in a limb. The one thing this classification has in common is that it tends to be an injury of muscles, ligaments, and tendons. Head and Neck Injuries Whiplash is the most common form of head and neck injury experienced in a car accident. Whiplash occurs when your head whips forward and suddenly stops, disrupting your neck muscles. It is a type of soft tissue injury. Whiplash, however, can also be combined with other types of injury. When your head moves forward and suddenly stops, for example, your brain can rattle around in your skull, causing you to suffer a serious traumatic brain injury. Direct impacts to the skull can be another form of head injury that carries serious and lifelong consequences. Head and neck injuries can result in cognitive difficulties, mental illness such as depression, mood swings, and even loss of ability to relate to the people you love. Some symptoms of head and neck injuries include unexplained headaches, back or shoulder pain, stiffness and pain in the neck, and confusion. Spinal Cord Injuries Spinal cord injuries are injuries to the bones and nerves in your back. These types of back injuries can range from herniated discs to broken bones and even long-term or permanent nerve damage. Those who suffer spinal injuries may spend years in physical therapy or with a chiropractor trying to correct the damage. In severe cases, a spinal injury can result in loss of function in one or more limbs and even complete paralysis or death. These are some of the most serious injuries you can suffer in a car accident. Airbag and Seat Belt Injuries Injuries caused by passive safety systems like seat belts or airbags can be devastating. When a seat belt locks to keep you from striking the dashboard or steering wheel or going through the front windshield, it can sometimes damage the pelvic region or even the chest cavity that protects your ribs, heart, and lungs. Though relatively rare, seat belt trauma has resulted in the deaths of motorists. Airbag injuries often result in scrapes and bruises. While they save lives, striking the airbag at high speed can still cause catastrophic damage like traumatic brain injuries. Sometimes the airbag may fail, or accident victims make come forward before the bag has time to inflate completely. Gathering Evidence for a Lawsuit Gathering evidence for a rear-end accident is of primary importance in pursuing your injury case. Everything you can gather at the scene of the accident will be helpful. Your personal injury lawyers from HawkLaw can also help you determine what else to collect, but it includes records of all of your medical expenses, including medical bills, records of all medical care from doctor’s office visits, medications, medical procedures like surgery, diagnostics, physical therapy, medical equipment, and the cost of in-home services. Keeping a journal of how your injury has affected your life can also help to prove your case, including the level of emotional trauma and the pain and suffering you endure. Bills from property damage, like the costs to repair your vehicle, can also be important. The contact information of any witnesses willing to testify on your behalf can also be helpful. The more evidence you have, the stronger your case will be. The reason all of this is important is that South Carolina is a fault-based state for car accidents. This means that the at-fault driver must pay for the damages from the accident. South Carolina also has a concept of modified comparative negligence, which may reduce your award by the percentage of responsibility you hold. For example, if your damages are found to be worth $100,000 but you are found to be 10% responsible for the accident, you would only receive $90,000. In addition, South Carolina’s modified comparative negligence states that if you are more than 50% at fault, you cannot recover damages at all. This is why it is so essential for you and your car accident attorney to build a strong case with as much evidence as possible. Who Is at Fault in a Rear-End Collision? Fault in a rear-end car crash almost always lies with the driver who struck the other vehicle from behind. This is because, as a driver, you are always expected to maintain a safe distance between you and other cars to come to a complete stop, even in emergencies. What If They Were Brake Checking Me? Brake checking refers to a situation wherein one driver slams on their brakes for an instant, either because they do not like how closely another driver is following them (a form of road rage) or deliberately trying to bait the driver behind into an accident. Even in such situations, the rear driver may still be found responsible because you are expected to maintain a safe distance from other drivers under South Carolina state law. What About Uninsured Motorists? Whether or not a driver has insurance has nothing to do with their responsibility in an accident. Dealing with uninsured motorists can be complicated and carries its own issues, but even if the other driver has no insurance, you can still be responsible for the accident. Despite this, there may be rare occasions where the driver behind is not directly at fault for the accident. If you are unsure whether you are at fault for a rear-end accident, the best bet is to call an accident law firm like HawkLaw for legal advice. Check out the disclaimer and call our law firm at 1-888-HAWKLAW or fill out our online contact form to ask about a free case review* today. What Damages Can I Claim After a Rear-End Collision? The types of damages you may collect include economic or special damages and non-economic or general damages. Economic damages are easy to value, while non-economic damages are more subjective. Economic Damages Economic damages include your medical bills and expenses, your lost income, property damage, and other clear financial losses from the accident. In cases of wrongful death, they may also include reasonable funeral and burial expenses for the deceased loved one. Non-Economic Damages Non-economic damages include things like the emotional trauma you suffered, your loss of ability to enjoy life, the physical pain you deal with every day, and other invisible injuries. Taken together, non-economic damages are often referred to as pain and suffering. They can include loss of consortium, loss of comfort and support, mood swings, PTSD, emotional trauma, and even your inability to partake in the things you used to enjoy, like hobbies or sports. Many people also ask car accident lawyers about punitive damages. Punitive damages are not part of your pain and suffering but are in place to punish the other driver. These are exceptionally rare and only awarded in the most egregious cases, like deliberate malice or drunk driving. If they are on the table, your attorney will let you know. What Is the Settlement Process After a Rear-End Crash? In a rear-end crash, negligence is often pretty clear. Accident victims in such a rear-end car accident case will file a claim with the at-fault driver’s insurance, which will evaluate the claim and usually offer a settlement amount. Remember, however, that no matter how compassionate they may seem, the insurance adjuster is not on your side. They have one job, and that is to get you to agree to as low an offer as possible. The first offer from the insurance company will likely be so low it will not even cover your economic damages, let alone your pain and suffering. From there, the negotiation process will begin. You should never sign off on any offer from an insurance provider without first discussing it with your car accident lawyer. Sometimes the insurer will try to trick, cajole, or even bully you into signing. They might, for example, tell you that you can sign to get money now and talk about more later. Once you sign, however, you may sign away your right to ask for more later. They might threaten you with no money if you do not sign. This is a scare tactic and nothing more. Your attorney can take over communications with them; you do not have to speak to them. The settlement process begins when your car accident lawyer writes a demand letter outlining your case and why you deserve what you are asking to receive. The insurance company will counter with a lowball offer outlining why you should receive less. From there, a back-and-forth process ensues. Most of the time, a middle ground is reached that satisfies everyone, but it can take some time. What Happens if I Refuse to Settle? Usually, when you reject the settlement offer, negotiating your settlement begins. In most cases, though patience is required, and the process can take some time, the case will be resolved eventually. Sometimes, however, negotiations break down. You may refuse to settle, or the insurance company may break off negotiations and refuse to give anymore. In such cases, several options are available. Mediation and arbitration can see a neutral third party step in to help get the process back on track (or, in the case of arbitration, resolve it for both parties). If neither of these processes works, the case may go to trial. In such a case, it will be served by a verdict. If we do need to go to trial, be assured that the injury lawyers at HawkLaw will be there to fight by your side the entire time. HawkLaw Fights to Win. When Can I Expect to See Money From the Settlement? The severity of the accident, the injuries sustained, and the negotiations process can all determine how long it takes to resolve your case and get compensation. Patience is necessary, but know that your attorneys at HawkLaw will keep you informed every step of the way. What Is the Average Settlement From Rear-End Crashes? The value of your personal injury case will depend largely on the severity of the injury or injuries you suffer as well as issues like property damage. Providing an average or general value is difficult because every accident case differs. Why Hire a Car Accident Lawyer in South Carolina? The biggest reason to hire a car accident lawyer is that you are fighting against powerful insurance companies that know the law and have lawyers on their side. Having a lawyer in your corner allows you to fight back and can result in you receiving more compensation. Your attorney knows how to hold the at-fault driver responsible, and they can save you stress by taking on the fight for compensation while you fight to get well again. Bumped From Behind and Worried About Compensation? If you were struck from behind in a rear-end car crash case, you deserve to be paid for your medical bills, lost wages, and pain and suffering. You also do not have to go it alone. Let the attorneys at HawkLaw stand by your side with tenacious determination and a transparent, open, and honest attorney-client relationship. Let us fight for you. Call us at 1-888-HAWKLAW or use our online contact form to request a case evaluation with a member of our team today. ### Filing a Camp Lejeune Lawsuit? You Need These Documents The Agency for Toxic Substances and Disease Registry (ATSDR) is a public health agency operating under the umbrella of the U.S. Department of Health and Human Services (HHS). The federal agency has steadily been compiling data and analyzing the water contamination occurring at two water treatment plants at the U.S. Marine Corps Base Camp Lejeune, located in Jacksonville, North Carolina. The water treatment plants in question are the Tarawa Terrace and Hadnot Point water facilities. In the early 1980s, it was discovered VOCs were in the water supply. In time, information emerged that the water supply was contaminated by chemicals used by a nearby off-base dry cleaner and by the military itself. To date, the ATSDR estimates over one million people have been affected by the volatile organic compounds (VOCs) present in the water at Camp Lejeune. If you, or a family member, suffer from the adverse health effects associated with the toxic water supply at the U.S. Marine Corps military base and currently reside in South Carolina, the experienced and compassionate personal injury lawyers at HawkLaw, P.A. are here for you. We can help you gather the documents you need to file a Camp Lejeune claim and, if necessary, file a lawsuit on your behalf. To obtain a free case evaluation*, call our law firm at 888-HAWKLAW. Who Qualifies for the Camp Lejeune Lawsuit? The number of people who qualify for a Camp Lejeune lawsuit is staggering. Estimates suggest more than one million people suffered exposure to toxic chemicals such as PCE (Tetrachloroethylene), TCE (Trichloroethylene), vinyl chloride, and benzene. All of these individuals may qualify for a Camp Lejeune lawsuit. According to the criteria the U.S. government outlines, essentially, anyone who resided or worked at the Marine Corps base from August 1, 1953, and December 31, 1987 for 30 days or more have eligibility if they suffer one or more of any specific adverse health conditions. Active duty service members of the Army, Air Force, Navy, Marines, and Coast Guard are all eligible if they meet the criteria. Other eligible persons who can file include: Spouses, children, and other family members living in the household at Camp Lejeune On-base workers, including government civilian workers and those working for contractors Soldiers, cadets, veterans, reservists, and National Guard members Babies exposed in utero Family members of deceased loved ones The days spent at Camp Lejeune or MCAS New River are cumulative, not consecutive. For instance, if you were on a brief stint for three weeks of training and exposed to toxic drinking water and then came back for three additional weeks the following year during the timeframe outlined under the Camp Lejeune Justice Act, you would qualify, as long as you meet any of the health conditions outlined by the Department of Veterans Affairs (VA). Can I File a Camp Lejeune Lawsuit on Behalf of a Loved One? If you are the spouse, child, parent, or sibling of an individual who died due to a disease or illness caused by the contaminated water found at Camp Lejeune, you can file a lawsuit on behalf of your loved one. In this situation, you would qualify to file a wrongful death lawsuit. Compensation will never ease the pain you now suffer after losing your loved one, but it can perhaps help ease any financial burdens you suffer since the loss of your loved one, such as past medical bills, funeral expenses, and loss of income support. Receiving a monetary award can also hold the government accountable for its actions which may offer a sense justice was delivered. Is There a Deadline for Camp Lejeune Claims? Yes, there is a deadline to file. It is important to know your time is limited for filing a claim against the U.S. government for damages it caused by contaminating the drinking water supply at the Marine base. The federal government’s deadline for filing a Camp Lejeune lawsuit is two years from the date the Honoring Our PACT Act, which was signed by President Biden on August 10, 2022. With the passage of this law, there is an inclusion of the Camp Lejeune Justice Act. However, the government clearly stipulates a hard deadline. This means you only have until August 10, 2024 to file a claim for a Camp Lejeune water contamination lawsuit. This sounds like a long time, but it takes time to gather evidence, file the required paperwork, and put together a strong case. Do not wait to start the filing process because you may miss your chance at receiving compensation for your injuries. How Do I File a Claim for Camp Lejeune Water Contamination in South Carolina? In order to file a Camp Lejeune lawsuit, according to the stringent aspects of the law, you will have already had to file a disability claim with the VA. If you have not filed with the VA and have yet to send them the documentation they require, you must do so as soon as possible. The following are the steps you or your loved one should take. When Should I File a Disability Claim? The VA has up to 180 days to make a decision on your claim. Before the signing of the Honoring Our PACT Act, the average length of VA decisions took 125 days. As of October 2022, the agency cites on its webpage that decisions take about 102 days. This is not a lot of time, just over three months. What Do I Need to File a Disability Claim? To file a disability claim with the VA, you will need the following documents, most of which can be found in your military records. Show proof (e.g., your military service records) indicating you lived, worked, or otherwise spent time at Camp Lejeune for the specified timeframe. Provide the VA with documentation of your health problems by submitting your medical records. File your claim online at VA.gov, seek assistance from a Veterans Service Officer in filing, or visit your VA Regional Office to begin your claim. After you complete your disability claim with the VA and received a decision, it is a good idea to consult with an attorney right away, if not sooner. Between the VA benefits and filing a toxic water lawsuit, as a claimant, you better your chances of getting the healthcare and amount of compensation you need. Should I Hire an Attorney? Yes, you want to hire an attorney to get your Camp Lejeune case ready. The U.S. federal government has made the process of filing a Camp Lejeune water contamination lawsuit quite complex. Additionally, the legal jargon and necessary evidence you must present may be confusing. It is important to file your claim correctly. You will also want to have your case ready in the event you are denied benefits and need to take another course of action. However, even if the VA approves your benefits, you can still file a lawsuit under the Camp Lejeune Justice Act. The settlement amount you receive from the settlement or trial award will be reduced, offset, or deducted from any previous benefits you received from the VA. In the time leading up to your filing a claim, your personal injury attorney can: Meticulously go through the required documents Help you to assemble the information you need File file your lawsuit in the federal court. The U.S. government is admitting its wrongdoing and is willing to compensate victims for their suffering after being exposed to toxic drinking water, but the process is not simply filling out a form and waiting for compensation. The way the claim process is structured, you need to present a solid case to the government. The HawkLaw legal team can take care of these details – we Fight to Win for you. If you file incorrectly, you can experience a denial or delay. As of right now, the government places a stringent date on claims. You must have everything in order and send it in before August 10, 2024. Before this time, it is very likely your tort case will escalate to a class action lawsuit due to so many victims coming forward with water contamination cases. Why You Need Your Military Records All Camp Lejeune water contamination claims require service members to show their DD214 form. This vital document, which is issued by the Department of Defense to each veteran, contains one of the most important aspects you will need for your lawsuit: where and when you were stationed during your military career. Your military records go a long way toward solidifying the documentation you need to prove your case. What Should I Do If I No Longer Have My DD214? If you cannot locate your DD214, you will need to request a new one as soon as possible. You can do this in one of several ways: Fill out Form SF180 and fax or mail the National Personnel Records Center (NPRC). Go online to milConnect and follow the directions. Contact the Department of Veterans Affairs. You can also request your loved ones’ military service records; you can also do so through the NPRC or the VA. Your regional office can also help you if you are having difficulty obtaining your loved one’s military records. What Documents Should You Make Sure You Have For a Camp Lejeune Lawsuit? To have all the documentation you will need to present a credible case for compensation, you will need several documents. DD214 While we briefly covered this above, we cannot emphasize how important the DD214 document will be to your toxic water case. Along with where and when you were stationed, it shows a record of your date of military separation, the reason for separation, final duty station, and final rank. It also shows your condition of discharge (honorable, general, other than honorable, dishonorable, or bad conduct). Other information included on the DD214 is the date and place of your enlistment, qualifications, performance, training, administrative remarks, medals, decorations, campaign awards, military education, disciplinary action, total creditable service, final rank, and last duty station. The information found in these records can prove very valuable to helping you put together a case. Medical Records You and your family’s medical records are also crucial because, in addition to proving you were at Camp Lejeune or New River during the water contamination period, you must demonstrate you suffered harm as a direct result of this exposure. Medical records that can help support your claim include documented symptoms, diagnosis, test and imaging results, medications, surgery, and any treatments you received. Sadly, the VOCs found in the Marine Corps military base water supply are linked to dozens of adverse health conditions, including but not limited to: Leukemia Parkinson’s disease Myelodysplastic syndromes Kidney cancer Scleroderma Non-Hodgkin’s lymphoma Liver cancer Numerous other cancers Cardiac defects Birth defects Miscarriage and fetal death Neurobehavioral effects Liver cirrhosis Immune issues This is not a full list but does outline many of the presumptive and other prominent health problems and medical conditions the Camp Lejeune and New River victims are suffering. Your medical records will help build a stronger case for you. Housing Records Your housing records can also aid in strengthening the validity of your case. Any document proving your presence at Camp Lejeune’s family housing or barracks is important. Unfortunately, this information is not included in the DD214, but there are other ways you can prove your residency. You can submit a leasing agreement, insurance policy information, school enrollment for children, and bills. Essentially, any official documents can help to support your claim. If you have other documentation that is not listed here, ask your attorney if those papers or other records would be acceptable to use to help build your water contamination case. What Are the Benefits of Filing a Camp Lejeune Lawsuit? Filing a Camp Lejeune lawsuit can make a big difference in your life or that of any surviving family members. While no amount of money can replace the loss of your health, or if you are a family member, take the place of your loved one’s life, compensation can help you in many other ways. Pay for past, present, and future medical expenses Replace lost wages Supplement for any loss of future earnings Provide justice for your losses Cover all of your loved one’s burial and funeral expenses Provide justice for your emotional anguish and your pain and suffering Many of the medical conditions and cancers associated with toxic water exposure are very expensive to treat, and most are long-term or permanent conditions. Compensation can help provide the ongoing financial support you and your family will need going forward. Victims should not have to bear the brunt of these expenses and losses that are the result of actions that are no fault of their own. Many people fell sick from doing ordinary everyday activities such as drinking water, cooking, doing laundry, showering, and performing aspects of their job. Regrettably, the Marine Corps discovered the toxic water roughly three decades after it began, but they did not even begin to stop it until three years after the 1982 discovery. There is simply no excuse for not notifying the public of the hazards they were facing daily in the subsequent years of the discovery of VOCs. Why Choose HawkLaw for Your Camp Lejeune Claim? If you seek a diligent attorney to represent you in your Camp Lejeune water contamination case, HawkLaw is a wonderful choice. We are highly experienced in the legal process and understand how suffering this kind of personal injury is physically, emotionally, and financially devastating. Our attorneys will offer advice that is confidential and completely personalized to your situation. Other details we will handle include gathering details about your time at Camp Lejeune, collecting documentation to support your claim, using documents to link your illness to contaminated water, and developing a detailed account of how the exposure you suffered made you sick and adversely impacted your life. Lastly, we will submit a claim to the U.S. government and file a lawsuit on your behalf if you are unable to reach a settlement with them. The HawkLaw legal team has been supporting and fighting for South Carolina injury victims since 2002. As a recognized law firm in the Palmetto State, we pride ourselves on helping people receive what they are owed. We value kind and open relationships with our clients, as many of our clients will attest. There Are No Second Chances When You File for the Camp Lejeune Lawsuit Knowing your sickness was caused by outside factors can be emotionally taxing. Worse, the legal system can be a confusing place to navigate if you are looking to file a lawsuit. The caring attorneys at HawkLaw want to help you get through this difficult time and help to ease your pain. Understand you must file your Camp Lejeune claim correctly, and this is hard to do without the guidance of an attorney. To date, many victims might not even realize they are sick because of the contaminated water located at the North Carolina military base. If you think you might be eligible or your illness is connected to this devastating situation – and even if you are not sure – contact HawkLaw today, and we will examine your situation. HawkLaw is here for you. To obtain a free case evaluation*, contact us at 888-HAWKLAW or fill out our online contact form. ### Is Brain Cancer Linked to Camp Lejeune's Contaminated Water? Between the 1950s and 1980s, many service members, staff, and their family members who lived and worked at the Marine Corps Base Camp Lejeune in North Carolina unknowingly drank contaminated water polluted with several known carcinogens. Many of those stationed at the base or who lived there developed severe health issues, including brain cancer and many other types of cancer from this drinking water. Under the Camp Lejeune Justice Act, the federal government now provides an avenue for relief to those who have suffered from the contaminated drinking water during this time. You may be eligible to collect disability and financial compensation for your illness. Getting this compensation, however, can require help from an experienced injury law firm. To learn more about filing a Camp Lejeune water contamination lawsuit, contact the personal injury lawyers at HawkLaw, P.A. Background of Camp Lejeune Water Contamination According to the Agency for Toxic Substances and Disease Registry (ATSDR), in 1982, tests showed that volatile organic compounds (VOCs) were present in the Camp Lejeune military base drinking water. These compounds came primarily from two of the eight North Carolina water treatment plants that served the base: Tarawa Terrace and the Hadnot Point treatment plant. Tarawa Terrace The Tarawa Terrace water treatment plant primarily saw perchloroethylene or tetrachloroethylene (PCE) contamination. These chemicals originated from the off-base dry cleaning firm ABC One-Hour Cleaners and had leached into the groundwater. The ATSDR used data analysis and modeling to track probable historic contamination levels in the water supply. The ATSDR estimates that PCE concentrations exceeded the maximum Environmental Protection Agency (EPA) containment level for 346 months covering the period from November 1957 and February 1987, vastly increasing the toxicity of the water supply on base. It was in February 1985 that the wells with the most contamination were shut down. Hadnot Point Trichloroethylene (TCE) primarily contaminated the Hadnot Point treatment plant. Other contaminants in this drinking water also included PCE and benzene, as well as TCE degradation chemicals such as vinyl chloride and dichloroethylene. The Hadnot Point supply wells saw contamination by dangerous chemicals from many sources, including industrial spills, waste disposal, and leaking underground storage tanks. The ATSDR used similar modeling as at Tarawa Terrace and estimated that VOCs exceeded EPA maximum levels between August 1953 and January 1985, leading to toxic water systems on base. If you or a family member lived at Camp Lejeune military base between 1953 and 1987, you might be entitled to significant compensation from healthcare benefits to financial compensation from your exposure to the toxic water supply. Lawsuits are just beginning for the health effects so many have suffered, and help from a qualified law firm can improve your chances of getting the benefits you deserve. Get in touch with HawkLaw and request a free consultation* to determine if legal action could benefit you. Call us at 888-HAWKLAW or use our online contact form to speak with a member of our legal team. Remember, HawkLaw fights to win. How the Honoring Our PACT Act and Camp Lejeune Justice Act Help South Carolina Veterans The Honoring our PACT Act is a new law passed by congress that expands benefits through the Department of Veterans Affairs (VA) for healthcare and disability to those veterans exposed to toxic substances, burn pits, and Agent Orange. The PACT Act lengthens the list of presumed conditions caused by exposure to such chemicals. This helps provide military personnel and their loved ones with the benefits they need and that they have earned through their military service. The PACT Act is among the most significant expansions of healthcare and benefits in the history of the VA. It stands to provide substantial help to veterans of the Vietnam War, Gulf War, and post-9/11 conflicts. Over 20 additional presumptive conditions have been added to the list of those that entitle veterans to benefits. The Act also requires the VA to provide toxic exposure screens for every veteran taking advantage of VA healthcare and provides for improved education, research, and treatment. Filing a disability claim can be done online. If you filed in the past but were denied, and your injury now appears on the new presumptive condition list, you can file a Supplemental Claim. It may be best to contact a qualified personal injury attorney for help to protect your rights and help you to avoid potentially critical mistakes. The Camp Lejeune Justice Act The Camp Lejeune Justice Act was a former bill that did not pass through the U.S. Senate, which focused explicitly on the veterans at Camp Lejeune. This bill has now been rolled into the PACT Act, so its protections are part of the new federal law. It leads the way for all veterans exposed to the contaminated water to sue and recover damages from their resulting adverse health effects. In the end, this means that you are not only eligible for VA benefits to cover your medical bills and disability, but you can also file a personal injury claim to get both economic and non-economic damages due to your injury. The damages available in such a lawsuit can include, but may not be limited to: Medical bills, including doctor’s visits, treatments, procedures, and even in-home care Lost wages and potential loss of future compensation Retirement benefits and pension Replacement services Pain and suffering Emotional trauma PTSD Loss of consortium Loss of companionship Loss of enjoyment of life Even if you previously filed a toxicity claim and were denied, you may be able to try again. Contacting a Camp Lejeune water contamination lawsuit attorney for help and advice is the first step. You have spent your life fighting for justice for others. It is time for someone to fight for justice for you. Links to Water Contamination and Brain Cancer As mentioned above, the primary contaminants found at the water treatment plants serving Camp Lejeune included TCE, PCE, benzene, vinyl chloride, and several others. Many are industrial degreasers or solvents used in a wide range of capacities, from dry cleaning to creating plastics. These can cause or are associated with specific known and suspected health problems over long-term exposure. TCE: Trichloroethylene TCE presents significant risks for kidney cancer, non-Hodgkin’s lymphoma, and cardiac effects. Other diseases that may be related to TCE include Parkinson’s disease, scleroderma, liver cancer, kidney cancer, birth defects, leukemia, multiple myeloma, and end-stage renal disease. PCE: Tetrachloroethylene or Perchloroethylene Tetrachloroethylene and Perchloroethylene (PCE) present significant risks for bladder cancer with increased exposure over time. PCE may also cause non-Hodgkin’s lymphoma or end-stage renal disease. TCE and PCE may also be associated with a wide range of health conditions, from birth defects to breast cancer, bladder cancer, kidney cancer, infertility, myelodysplastic syndromes, neurological damage, multiple myeloma, and others. Benzene Benzene is associated with an increased risk of leukemia and non-Hodgkin’s lymphoma with continued exposure. Benzene may also be associated with an increased risk for multiple myeloma. Vinyl Chloride Vinyl chloride, with significant exposure over time, presents an increased risk of liver cancer. At least one study also indicates that vinyl chloride may be associated with brain cancer, lung cancer, soft tissue cancer, leukemia, blood cancers, bone marrow diseases, fertility issues, and liver cirrhosis. Vinyl chloride may also be associated with PFAs contamination. PFAs Polyfluoroalkyl substances and perfluoroalkyl substances (PFAs) are a classification of human-made chemicals that have been in use across industries since the 1940s. PFAs are used for everything from creating water-repellent clothing, stain-resistant fabrics, non-stick cookware, cosmetics, degreasers, solvents, and many other uses. The common plastic polyvinyl chloride, or PVC, may also contain PFAs or produce PFAs when it is manufactured. PFAs easily migrate into groundwater, soil, and air. They are colloquially called “forever chemicals” because they do not break down. PFAs may be associated with liver problems, high blood pressure, difficulties in pregnancy, and an increased risk of kidney or testicular cancer. Scientists are still learning about the potential risks of PFAs. Current data indicates that additional investigation or remedial investigations regarding PFAs at the base should occur and that at least 14 sites at Camp Lejeune may still be contaminated with PFAs. Cleanup may take decades to accomplish. What Are the Symptoms of Brain Cancer? Brain cancer can be an insidious disease and, in its early stages, may not manifest any symptoms whatsoever. A malignant tumor can, however, vastly disrupt your body’s natural, everyday functions. When symptoms do begin to show, the illness may share symptoms with many other, less severe health problems, so it can be hard to diagnose. Some of these common symptoms can include the following: Headaches Nausea Vomiting Lack of balance or coordination; trouble walking Memory lapses Speech problems (aphasia is a common issue) Vision problems Weakness Abnormal eye twitches Muscle twitches or jerking Marked personality shifts Loss of consciousness Drowsiness Numbness in the extremities Seizures If you experience any of these symptoms, it could be a sign of something more serious. This is particularly true if the symptoms manifest suddenly, last for more than a week, or if you have a family history of cancer. You should immediately contact your doctor for an examination and diagnosis. If you have brain cancer and lived at Camp Lejeune during the 30-plus year period between 1953 and 1987, contact a South Carolina water contamination lawsuit attorney to discuss your options for compensation. Is Brain Cancer Covered Under the Camp Lejeune Justice Act? Currently, brain cancer is not on the list of presumptive conditions for Camp Lejeune. Presence on the presumptive conditions list requires “sufficient scientific and medical evidence to support the creation of presumptions.” This does not mean, however, that you are not entitled to file a lawsuit or get coverage if you have developed brain cancer following living at Camp Lejeune. Some veterans may still be covered even if their condition is not on the list. A qualified personal injury attorney at HawkLaw can help you determine if you can apply for benefits and file a personal injury lawsuit regarding your case. Get in touch with us today at 888-HAWKLAW or through our online form to request a free case evaluation* with a legal team member. HawkLaw Fights to Win. Let us fight for you. What Diseases Qualify for Benefits Under the Camp Lejeune Justice Act? Conditions strongly linked to water contamination are the most likely to receive coverage. Many presumptive conditions listed between the PACT Act and the Camp Lejeune Justice Act qualify you for benefits. These include: Adult leukemia Aplastic anemia Bladder cancer Breast cancer Esophageal cancer Hepatic steatosis Infertility Kidney cancer Liver cancer Lung cancer Miscarriage Multiple myeloma Myelodysplastic syndromes Neurobehavioral effects Non-Hodgkin’s lymphoma Parkinson’s disease Renal toxicity Scleroderma Cancers Linked to Camp Lejeune Water Contamination Several specific types of cancer are on the list of presumptive conditions. Even if brain cancer may not qualify as a presumptive condition, you may still qualify for compensation if you suffer another form of cancer or health issue caused by the toxic water supply. Bladder Cancer Bladder cancer is a common cancer that begins in your bladder, the organ in your abdomen where urine is stored. It usually starts in the cells that line the bladder, but it can also occur in the ureters and kidneys. Bladder cancers are typically diagnosed early and are treatable. Still, even early-stage successful treatments can see a resurgence even years after the initial treatment, requiring many years of follow-up testing. Breast Cancer Breast cancer is the second-most common form of cancer diagnosed in women across the United States, after skin cancer. It is worth noting that while it is far less common, it can also be diagnosed in men. Advances in the diagnosis and treatment of breast cancer mean more people survive this disease than ever before, and associated deaths are steadily declining. Esophageal Cancer Cancer of the esophagus is far more common in men than women, but both sexes can get this illness. It is often linked to tobacco or alcohol use but can also result from exposure to toxic water contamination over time. The esophagus is the tube that connects your throat to your stomach. Cancer usually starts in the inner layer of the esophagus wall and then grows outward. As with many types of cancer, survivability increases with early detection. Kidney Cancer Kidney cancer can manifest in several different forms. Renal cell carcinoma is the most common form of kidney cancer and forms around 90% of all cases. It usually begins as a single tumor but can start as multiple growths in one or both kidneys. Clear cell renal cell carcinoma is the most common form of renal cell cancer, forming 70% of those cases, while varieties of non-clear cell renal cell carcinomas form the remaining 30%. These are papillary, chromophobe, and other exceptionally rare cancers. Like many forms of cancer, early diagnosis leads to higher survival rates. Those diagnosed while the cancer is still in their kidneys see a 93% 5-year survival rate. Lung Cancer Lung cancer is often associated with smokers, but many different environmental factors, including exposure to the chemicals in the drinking water at Camp Lejeune, can cause it. Lung cancer is the leading cause of cancer deaths across the world. In its early stages, lung cancer rarely causes signs, and by the time symptoms manifest, it is usually already advanced, which is why it is such a deadly and insidious form of cancer. Symptoms that do manifest include persistent coughing, coughing up blood, difficulty breathing, chest pain, hoarseness, unexplained weight loss, headaches, and bone pain. You should contact a doctor immediately if you have any of these persistent signs or symptoms. Leukemia Leukemia is a broad term used to describe many types of blood cancer. The type of leukemia depends on the type of blood cell affected and its growth rate. It most often occurs in adults over 55, but it is also a common cancer in children under 15. According to the National Cancer Institute, leukemia made up approximately 3.2% of all estimated new cancer cases in 2022 and was responsible for 3.9% of all cancer deaths. The 5-year survival rate from 2012-2018 was 65.7%. Non-Hodgkin’s Lymphoma Non-Hodgkin’s lymphoma is a type of cancer that starts in the lymphatic system, an essential part of your immune system. In this form of cancer, white blood cells known as lymphocytes form abnormal growths, or tumors, throughout your body. As with many other forms of cancer, non-Hodgkin’s lymphoma can be deadly, but many advances in diagnosis and treatment have improved the prognosis for those who suffer this illness. Symptoms of non-Hodgkin’s lymphoma can include swollen glands in your groin, armpits, or neck; pain and distension in your abdomen; coughing; difficulty breathing; chest pain; fever; fatigue; unexplained weight loss; and night sweats. Early diagnosis is key to increasing survivability rates, so contact your doctor immediately if you experience any of these symptoms. Who Qualifies for a Camp Lejeune Lawsuit in South Carolina? If you served at Camp Lejeune for at least 30 cumulative days between August 1953 and December 1987 and did not receive a dishonorable discharge when your service ended, you may qualify for both VA benefits and a lawsuit. This covers not just veterans but reservists and guardsmen. Provisions also exist for civilian family members of military personnel who also lived on base during this time. Family members must prove that they lived on base, provide medical records showing their condition, and have documentation proving they are a family member of the veteran who served on active duty. Family members must also provide evidence that they paid healthcare costs for their condition while they lived at Camp Lejeune. If they paid expenses between 1957 and 1987, they might receive reimbursement for care on or after Aug. 6, 2012, up to two years before their application. If they paid benefits between Aug. 1, 1953, and the end of 1956, they may receive reimbursement for care on or after Dec. 6, 2014, through two years before their application. If you have one of the presumptive conditions listed above, your case may be less complex, but if you have brain cancer, you still might be able to seek compensation. You will need to provide supporting documents, including records showing that you lived on base for 30 days during the appropriate period and medical records showing your diagnosis of an illness related to the toxic water supply at Camp Lejeune. How to Get Financial Compensation for Your Brain Cancer Diagnosis Usually, a veteran must prove the connection between their service and their current illness. This requires several things. First, you need a current diagnosis. Next, you must have an in-service event that led to your disability. Finally, you must present a link between the in-service event and the current medical diagnosis. In the case of a Camp Lejeune tort, for example, you must have lived on base for at least 30 days between 1953 and 1987, and you must have a medical condition linked to the water toxicity. Your medical records can help to prove this. If your condition is one of the presumptive ones, your case may be more straightforward, but in cases like brain cancer, you still may be able to fight for the coverage you need and deserve. You can file a claim for VA benefits online, or you can seek help from a Veterans Service Officer (VSO) or visit your local VA regional office for assistance filing your benefits claim. Filing a lawsuit for compensation beyond that might require help from a knowledgeable attorney. It is a good idea to contact an attorney before you even file for benefits. The right personal injury lawyer can help you with your benefits and lawsuit. They can help you avoid mistakes, oversee that your paperwork is completed correctly and submitted on time, and they will stand by your side to protect your rights while fighting to get you the compensation you deserve. Those Who Serve Deserve More People who offer military service in the U.S. Armed Forces deserve compensation for the sacrifices they make every day. This includes the injuries they incurred from water contamination at Camp Lejeune, especially when the damage is as severe as brain cancer. Just because brain cancer is not listed as a covered condition does not mean you should give up hope of compensation. The experienced South Carolina personal injury attorneys at HawkLaw fight to win, and we will fight to help you collect evidence for your Camp Lejeune claim. You deserve financial compensation and benefits for your illness and injuries, and HawkLaw will help you to fight for what you deserve. It is important to start early, as plaintiffs are only beginning to see rulings now, and financial settlements could still take a few years to come through. The sooner you file your case, the sooner it can be resolved. Contact us today at 888-HAWKLAW or fill out our easy online form to schedule a case review with one of our legal team members. Let us stand up for your rights. ### Is the Camp Lejeune Lawsuit a Mass Tort or Class Action? Water contamination at Camp Lejeune lasted for 30 years and affected hundreds of thousands of service members. It is unthinkable to imagine so many people who had dedicated themselves to the service of our nation were subsequently subject to this kind of toxic exposure at the Jacksonville, North Carolina military base. Because of the U.S. government’s negligence, many victims have since developed cancer and suffered other adverse health effects from drinking water laced with toxins. Because of the mass scale and duration of the Camp Lejeune water contamination, attorneys estimate as many as 500,000 claims will be filed. The Congressional Budget Office (CBO) estimates payouts to victims will total $6.7 million. Did you spend time at Camp Lejeune and subsequently fell ill? How can you pursue getting the money you deserve? Call the personal injury attorneys at HawkLaw, P.A., and our legal team will work to understand the nuances of your case and help you put together a thorough, personalized claim to help increase your chances of receiving the maximum compensation. To obtain a free case evaluation*, call our law firm today at 888-HAWKLAW. How Government Negligence Has Hurt Thousands of Camp Lejeune Veterans In 1982, the Marine Corps discovered volatile organic compounds (VOCs) in the drinking water of two water treatment plants, the Tarawa Terrace water treatment plant and the Hadnot Point water treatment plant, located at Camp Lejeune. Government negligence hurt thousands of service members, their family members, and other workers at the military installation. Tragically, the contamination had gone on since the 1950s. Even after the Marine Corps found toxic elements in 1982, the U.S. government did not start to do anything about the toxic chemicals until three years after the discovery of those VOCs. It is bad enough that the contaminated drinking water had been present for decades; it is unconscionable to know the federal government quietly allowed it to continue for an even longer period of time. In the meantime, people living and working at Camp Lejeune were drinking, cooking, showering, and otherwise routinely using the water, not knowing the VOCs were present. In total, the estimation is that this exposure affects more than one million people. The fact that the government allowed this toxic water contamination at Camp Lejeune and Marine Corps Air Station (MCAS) New River (which is in proximity to the Camp Lejeune military base) to occur is extremely disconcerting. What Did the Government Find in Camp Lejeune Water? At least 70 known toxic elements were found in Camp Lejeune water and are hazardous chemicals used for things such as dry cleaning (solvents for spot removal) and degreasing equipment. The primary toxins found in the water supply include the following chemicals. Trichloroethylene (TCE) Tetrachloroethylene (Perchloroethylene, PCE) Vinyl Chloride Methylene Chloride Benzene Essentially, these chemicals were routinely used by the U.S. Marine Corps and an off-base dry cleaner, which both allowed them to seep into the ground, affecting nearby water wells. Long-term exposure to these and other chemicals lurking in the water supply can lead to adverse health effects and serious or permanent illnesses. The U.S. Department of Environmental Protection (EPA) considers many of the chemicals found at the North Carolina military installation to be known human carcinogens. Tragically, so many people drank or inhaled these chemicals, making the Camp Lejeune event one of the worst cases of contaminated water in American history. What Happens When People Are Exposed to These Chemicals? The Agency for Toxic Substances and Disease Registry (ATSDR), a federal public health agency within the Health and Human Services Department, has been actively collecting data and performing an analysis of this horrendous situation. ATSDR concludes the contaminants found in Camp Lejeune drinking water “likely increased” the risk of contracting many different cancer types, adverse birth effects, and other serious health conditions. To date, dozens of illnesses have been linked to VOC ingestion and exposure. How Does the Camp Lejeune Justice Act Help Veterans Affected by Camp Lejeune Water Contamination? The Camp Lejeune Justice Act is a component of the broader Honoring Our Pact Act of 2022, which was signed by President Joe Biden on August 10, 2022. Previously, the U.S. government had protection under the North Carolina law known as the “Statute of Repose” from any Camp Lejeune water contamination lawsuits that prevented people from filing for exposure that occurred more than 10 years ago. Now, this immunity is lifted. With the signing of this bill, Congress and the President admit wrongdoing and are willing to compensate victims who meet specific criteria as outlined in the new law. No longer does the government deny it failed to protect, or at least warn, people who were routinely and unknowingly exposed to toxic water. However, the process of filing a claim is not easy. A knowledgeable and experienced South Carolina personal injury attorney can help you to sort out the paperwork and take care of the complexities associated with filing for compensation. The way it is structured, you must take previous steps before filing a lawsuit. At HawkLaw, we can help you exhaust your other means of compensation and check to see if you have filed any required administrative claims for disability benefits with the Department of Veterans Affairs. Who Qualifies for the Camp Lejeune Lawsuit? While the Camp Lejeune Justice Act applies to military service members and their families, the right to file a claim is also extended to other individuals. If you were not on active duty or married to someone who was, but were another individual present at Camp Lejeune during the affected 34-year time period, you also may be eligible to file a claim under the new law. Soldiers and cadets Members of the Army, Navy, Marines, Air Force, and Coast Guard On-base workers (both civilians and contractors) Family members living on base Babies exposed in utero Veterans Reservists National Guard Under the Camp Lejeune Justice Act, there are two main conditions for being eligible for benefits. To qualify, you must meet the following. 1. You (Or a Loved One) Spent at Least 30 Days on the Base Between 1953 and 1987 Criteria for filing a claim are very specific about the timeframe victims had exposure to contaminated water. According to the Act, victims must have lived or worked at Camp Lejeune between August 1, 1953, and December 31, 1987. Additionally, they must have spent a minimum of 30 days on the base; the timeline does not need to be consecutive. 2. You Suffered From an Adverse Health Condition Connected to Toxic Water Exposure The second primary criterion for filing a claim includes the impact the Camp Lejeune water contamination had on their health. Persons who file a case must demonstrate they have an adverse health condition caused by contaminated water. Common illnesses and diseases people are being diagnosed with include the following: Aplastic anemia Bladder cancer Birth defects Breast cancer Esophageal cancer Infertility Kidney cancer Leukemia Liver cancer Lung cancer Miscarriage Myelodysplastic syndromes Multiple Myeloma Non-Hodgkin’s lymphoma Parkinson’s Disease Neurobehavioral Effects Renal toxicity Scleroderma And many other health conditions Additionally, unique to the Camp Lejeune Justice Act, the framing of this law provides victims the right to a jury trial. It is important to understand, this is not typical for claims against the federal government. Essentially, Congress has made an exception in this case, but they also have put a time limit on a victim’s ability to file and have made the process very complex. Working with an experienced personal injury attorney can help you because they know how to follow the directives and not miss any essential steps required in the process. Is the Camp Lejeune Justice Act a Class Action Lawsuit? The Camp Lejeune Justice Act is not currently a class action lawsuit. It is a law allowing a large number of affected victims to file individual lawsuits, known as a mass tort. As of now, there is currently no ongoing class action lawsuit because not enough time has passed to organize one. This situation is rapidly expanding as people come forward and, in time, with the number of plaintiffs growing each day, in time this legal situation may become a class action lawsuit. What is the Difference Between a Mass Tort and a Class Action Lawsuit? If you are uncertain if “class action lawsuit” and “mass tort” mean the same thing, you are definitely not alone. It is common for people to confuse these two phrases. Let’s break them down. Mass Tort Tort cases typically include a large group of individuals who all suffer from the same injury or type of damage from a situation. This might be a defective product, negligent service, or, much like the Camp Lejeune water contamination, a toxic substance. Essentially, a mass tort is a “collection” of independent lawsuits filed against the same wrongdoer. The damage each plaintiff suffers typically varies depending upon their level of injury, exposure, or other factors that caused them pain or a loss. Class Action Lawsuit Class action lawsuits generally include more people than a mass tort. It is a procedural device that allows one or many plaintiffs to file and prosecute on behalf of a large group. This approach is helpful to the courts because when a vast number of suits are filed, it is difficult for them to manage. It also provides plaintiffs strength in numbers for a case, as the more individuals who can demonstrate their injury or loss stemming from the same negligence or problematic issue further solidifies their claims. How Do I File a Camp Lejeune Mass Tort Lawsuit? To file a Camp Lejeune Mass tort lawsuit, you will need to assemble numerous pieces of documentation before August 10, 2024. The government provides you, as a claimant, with exactly two years to get your paperwork in from the date President Biden signed the Honoring Our Pact Act into law. While this sounds like plenty of time, two years pass by very quickly when there is much work to be done. What Do Camp Lejeune Veterans Need to Do? As a Camp Lejeune veteran, you will need to file a claim for disability compensation and provide supporting documents as evidence. Military personnel must start by pursuing VA benefits for their health problems. Military service records proving service at Camp Lejeune or MCAS New River U.S. records must show you spent at least 30 days between August 1953 and December 1987 while on active duty, serving in the reserves, or as a member of the National Guard. Present medical records stating you have one or more of the eight illnesses listed on the presumptive conditions list. What Does a Family Member Need to Do? As a family member of a Camp Lejeune victim, you will need to file a claim for disability compensation, then provide supporting documentation to prove your claim. Here is what you will need: Documentation showing your relationship to the military member who served at least 30 days at Camp Lejeune (e.g., marriage license, birth certificate, adoption papers) Show proof you lived at Camp Lejeune or MCAS New River between August 1953 and December 1987 for at least 30 days (e.g., base housing records, military orders, tax forms, utility bills, etc.). Medical records stating you have one of the 15 presumptive conditions as outlined by the VA Records must indicate the date your illness was diagnosed, along with past and current treatments. Evidence you paid for healthcare expenses Dates are specific, so be sure to double-check your eligibility with the Department of Veterans Affairs. You or your loved one can file a claim independently, but the process is complex. If you miss a step, fill in a box incorrectly, or forget to include partial documentation, this can throw off your case or potentially cause you to miss an important deadline. Your attorney can also help you ascertain what you need and to document the specifics of your situation. The personal injury attorneys at HawkLaw are experienced with complicated paperwork and are equipped to help you file your lawsuit. What Type of Compensation Should Camp Lejeune Water Contamination Victims Expect? At this time, it is very difficult to estimate how much money you can expect to receive from your water contamination personal injury case. Since the law was just passed in August 2022, no cases have fully gone through the process yet, so there is no precedent to compare or estimate settlement amounts. Lawsuits of this type typically include personal injury and wrongful death. It is likely victims will be awarded compensation based on the level of suffering, the seriousness of the illness, and other losses they experienced due to toxic water. Damages that may be available for Camp Lejeune victims to pursue include, but might not be limited to, the following: Medical bills Surgery costs Lost wages/loss of earning capacity Pain and suffering Emotional distress and mental anguish Lost business opportunities Loss of companionship Loss of consortium Funeral and burial expenses Loss of enjoyment of life At this time, the Camp Lejeune Justice Act does not allow punitive damages. It is a good idea to consult with a South Carolina personal injury lawyer who can see what types of financial and other losses you may be eligible to pursue in your case. How Can HawkLaw Help Me in My Camp Lejeune Case? Pursuing litigation of any type takes time, financial resources, and knowledge. A NOLO study indicates that 91% of people who obtained an attorney to represent them in their case received a settlement, compared to 51% of plaintiffs who pursued their case without legal representation. The study also found that people who obtain legal representation tend to receive 3X higher payouts, even after deducting attorney’s fees. The water contamination attorneys at HawkLaw are fully prepared to Fight for You. We will advocate for you and fight doggedly to help you win your case and get the most compensation possible.* As a digital-first law office, we will always have someone available for you to speak with when you need us. Ways HawkLaw can help include: Determining your eligibility to file a claim Gathering documentation of your diagnosis and medical outlook Collecting medical records to support your claim Speaking with the VA on your behalf Establishing a detailed account of your illness and showing documentation linking it to VOCs, chemicals, and solvents present at Camp Lejeune Estimating your total medical expenses and other costs Estimating full damages that go beyond medical bills, including pain and suffering Helping you to explore all avenues of compensation, so you get what you need Working with witnesses to help prove your case Filing the paperwork for your claim and, if necessary, filing a lawsuit on your behalf The Camp Lejeune cases are a new legal area. It is important to work with an attorney with the right knowledge, and, if needed, trial experience. We are expecting this mass tort to get complex with the sheer number of cases being filed, coupled with the fact there is no precedent. Essentially, it is new territory for victims, attorneys, and the courts. If this mass tort becomes a class action lawsuit, you will be ahead of the curve since you will have all your documentation filed and your evidence in order. Anyone who is eligible to file for Camp Lejeune compensation should consider getting started on their claim as soon as possible. The two-year statute of limitations is not very long to make your claim as it takes time to build a case, and the U.S. government has made pursuing Camp Lejeune compensation very complex. The HawkLaw team will stand with you every step of the way. The Sooner You File, The Better The effects of contaminated drinking water are tragic and have created much suffering for people who worked for or otherwise supported the missions of the U.S. government. It is only just that the victims who became sick or lost loved ones to illnesses originating from the contaminated water supply at Camp Lejeune receive compensation for their medical bills, lost wages, suffering, and overall detriment to their quality of life. It is not anyone’s fault because they had no knowledge or way to protect themselves. This is on the U.S. government. If you, or a loved one, is experiencing the effects associated with toxic water exposure due to the VOCs found at Camp Lejeune, and you meet the eligibility requirements established by the U.S. government, the caring and compassionate attorneys at HawkLaw are here to help you. No amount of money can replace the types of losses you suffer, but obtaining compensation can perhaps ease your suffering. Time is limited. The sooner you file, the better. To get started, contact the attorneys at HawkLaw today by calling our law office at 888-HAWKLAW or by completing our convenient online contact form. A member of our legal team will get right back to you to arrange a free consultation*. ### Examples of Pain and Suffering in a Personal Injury Case Suffering a personal injury can, in an instant, change the entire course of your life. It can be hard to put a monetary value on your personal injury claim that has affected your family so drastically. In many cases, the intangible losses can far outweigh what you pay in medical bills or lost wages. South Carolina lets those who have suffered severe harm after sustaining an injury collect non-economic damages, also known as pain and suffering. Pursuing a personal injury lawsuit on your own can be challenging, but an experienced accident attorney can gather evidence and strengthen your case to help to prove your pain and suffering losses. To learn the true cost of your non-economic damages, do not hesitate to call the South Carolina personal injury team at HawkLaw, P.A. at 888-HAWKLAW. Our personal injury attorneys will stand with you as we Fight to Win. How Does South Carolina Define Pain and Suffering? South Carolina defines noneconomic damages as nonpecuniary damages arising from the effects of an accident or other situation that led to injury and an overall impact on the accident victim’s life. This includes physical and non-physical impacts. In South Carolina, there is a three-year statute of limitations for personal injury and property damages claims from the date of the accident. However, even if you think you missed the deadline, you should still speak with an experienced personal injury lawyer because there may be exceptions to this rule. What Are Some Examples of Pain and Suffering? Pain and suffering injuries come in all forms, which include physical injuries and much more. Common types of pain and suffering victims and their families face include the following. Physical Suffering Any physical pain you feel daily from any bodily injury can be excruciating and/or significantly disrupt your life. Physical conditions usually falling under the umbrella of physical suffering include: Traumatic brain injury Back pain Neck pain Nerve damage Headaches Internal organ damage Broken bones Muscle sprains and strains Paralysis Dislocated joints Sometimes, these issues resolve over time, but it can take months or years. Other victims suffer permanent pain from their injuries. Physical Impairment Injuries from physical impairment impact your ability to engage in daily or routine activities you need or like to do. For instance, your injury may prevent you from dressing yourself, cooking, driving, doing household chores, bathing, and more. Disfigurement Injuries, such as burns, dog bites, and lacerations, can cause permanent disfigurement. In severe accidents, victims may lose a limb. Any severe or permanent damage to a victim’s appearance falls under disfigurement for pain and suffering. Mental Anguish and Emotional Distress Mental health is a main factor when considering a claimant’s losses. Victims who suffer paralysis, severe brain injuries, or spinal injuries often go through mental anguish as they worry about their future and everything lost due to their injuries. Emotional trauma is common in severe accidents where the victim witnesses something horrifying or becomes consistently fearful that they will suffer another injury. This can lead them to suffer additional symptoms, such as insomnia, anger, grief, and other feelings that negatively impact their lives. Any emotional pain caused by events during and after the accident makes it hard to determine a dollar amount for injuries. Humiliation It is common for victims to suffer humiliation after sustaining severe injuries. They may be embarrassed over their appearance, sexual dysfunction, or inability to walk or do other activities they previously enjoyed, leading to severe emotional suffering and mental pain. Loss of Consortium Loss of consortium is reserved for the spouse of a victim (or possibly another close family member — speak to an attorney to see if you qualify), not for the injured party themselves. Loved ones can claim damages for loss of society and companionship, including deprivation of affection, love, companionship, sexual intimacy, and comfort. This is to compensate for losing a relationship as they knew it before the accident. Loss of consortium also considers the loss of financial support and household services the victim provided to the home. Loss of Society and Companionship This component of pain and suffering is considered when a victim can recover damages after suffering the wrongful death of a loved one, most often a spouse, parent, or child. The decedent’s experience, knowledge, and judgment in managing household affairs are considerations. A jury determines these kinds of damages. Other pain and suffering you can pursue include loss of enjoyment of life, damage to your reputation, and inconvenience. How is Pain and Suffering Calculated in South Carolina? South Carolina does not define a market price for injury, but it is important to understand the state does cap compensation for medical malpractice lawsuits and cases against the government. The suffering settlement injury victims receive will depend upon how much pain and suffering they endure post-injury. For accidents involving healthcare or government, speak to an attorney about any caps on compensation amounts. Since it is difficult to ascertain a dollar amount for a person’s pain and suffering, there is no precise formula to calculate one. Instead, South Carolina procedure allows a jury to determine awards for pain and suffering by considering several factors. Length of Recovery Generally, the longer it takes you to recover, the more time you will suffer pain and be unable to participate in your normal activities or perform your job. The medication you take now and will take in the future is also a consideration because long-term use of medications can have side effects or create a risk of developing a drug dependency. Severity of Injuries The severity of your injuries directly affects the pain and suffering you endure. Permanent injuries or those that leave you with a disability are likely to have a higher award for pain and suffering than injuries that heal completely (e.g., a broken arm). However, even if your injuries heal, this does not mean you are not eligible for pain and suffering compensation. How your injuries limit you also play a role in determining pain and suffering compensation. Medical Treatment The level of treatment you receive for your injuries heavily weighs in calculating pain and suffering. If you experience a hospitalization, have surgery, or need ongoing treatment, this will weigh more than a one-time visit to the ER for stitches or another type of injury that will heal in a few weeks or months. Your Evidence The more evidence you have to back up your claim, the stronger your case. Evidence considered when determining the amount of pain and suffering you may receive includes medical records, healthcare professionals' opinions, witnesses' testimony, and other proof demonstrating how much suffering you have endured since the injury. Keeping a daily log or journal and outline your pain levels and how they affect your daily activities can help support your case and illustrate how your injuries impact your quality of life. Such evidence may increase the amount of money you receive for your suffering damages. Your Health Before the Accident Your general health before and after your injury are important factors. The better health you were in before the injury generally shows your loss of enjoyment in life is greater. Other factors include your age. Older victims may suffer a higher degree of injury severity, whereas younger victims have more years to cope with their pain and suffering. Other factors considered include the accident location, your education, your job qualifications (e.g., how much your injury affects your earning capacity), family circumstances, and how the injury negatively affects your relationships. Your share of the fault also determines the amount of recovery. Your percentage of the fault of the accident must be less than the other person’s. Speaking with a knowledgeable South Carolina personal injury lawyer can help clarify any compensation questions related to specific types of accidents. How Does Insurance Calculate Pain and Suffering? Insurance companies will also provide their input for how they calculate pain and suffering. To do this, they will use two main methods. Multiplier Method The multiplier method involves adding total financial losses and multiplying them by a number between one and five. For example, if you had $20,000 in economic damages and determined a multiplier of two, you would receive a $40,000 award for your pain and suffering. Per Diem Method The per diem method works slightly differently than the multiplier method. Insurance companies use it to calculate your pain and suffering by determining the actual number of days you need to recover from your injury. If they decide you need 12 months to recover (365 days) and calculate $100 per day, you will receive $36,500 in pain and suffering. It is important to remember insurance adjusters are not your friend. Seek legal advice from an experienced attorney before speaking with them about a settlement offer. How Do I Prove Pain and Suffering in South Carolina? To prove your personal injury case and receive a fair settlement amount for pain and suffering, you will need to present evidence. Medical records Statements from medical professionals Receipts for medical expenses Expert witnesses Layman witnesses (e.g., friends and family) Receipts for pain medication Photos and videos of injuries Your personal injury lawyer can help you gather and present this evidence to demonstrate how much pain and suffering you endure. Want Fair Compensation for Your Pain and Suffering? Call Our Lawyers Today Do you or a loved one struggle with pain and suffering due to injuries in an accident? The compassionate attorneys at HawkLaw understand what you are going through and can help you build a strong case for pain and suffering. Our legal team has decades of experience and is very knowledgeable about South Carolina injury law and will Fight for You. Our law firm places high value on the attorney-client relationship and will be there with you every step of the way. To request a free* consultation, call 888-HAWKLAW today or complete our online contact form to speak with a member of our legal team. ### Who is Responsible for a Wide Turn Truck Accident? Trucks often need to make wide turns to avoid falling over due to their weight and size. Just one slight wrong move can lead to disaster. If a trucker makes an error while turning, it puts other drivers at risk of a tip-over or rollover truck accident, which can cause devastating injuries. If you or a loved one experience a collision with a semi-truck or another commercial vehicle due to no fault of your own, the truck accident attorneys at HawkLaw, P.A. can help. Our legal team is well-equipped to provide you with sound legal advice as we prepare for your personal injury case. Give our South Carolina law firm a call at 888-HAWKLAW for a free case review.* Why do Trucks Need to Make Wide Right Turns Trucks often need to make wide turns due to the size and weight of their vehicles. Wide right turns occur when a driver swings out past the lane when navigating a turn, causing them to straighten out once they enter the lane they are entering. This typically involves a wide swing of the truck because they need to avoid hitting cars in other lanes. A conflict arises because drivers are expected to remain in their designated lanes when turning. Veering out may confuse other drivers in the path of the large vehicle. What Are the Rules for Making Wide Turns? South Carolina law, section 56-5-2120, addresses the problem by outlining specific rules for turning in traffic conditions. Drivers must follow explicit guidelines, which include: Right Turns Drivers should remain as close as possible to the right-hand curb or roadway edge as when navigating wide right turns. This includes turning slowly, keeping the back of their motor vehicle close to the curb, making a wide turn when completing the turn, not turning wide to the left when approaching a turn, and carefully checking the road for oncoming vehicles. They should leave other drivers enough room to stop or go around the truck. They should never back up their truck. Left Turns Motorists should slow down and get into the correct lane as they prepare to make the left-hand turn and turn on their left-hand signal to let other drivers know their intention. If feasible, they should remain to the left of the center of the intersection to leave room for other vehicles also navigating the same roadway. In the case there are two turning lanes, they should use the right-hand lane. Two-Way Left Turns Drivers may not enter the left turn lane if the lane is designated for drivers going in opposite directions. If so, they must be ready and able to make either a U-turn or a left turn since they cannot lawfully enter a non-turning lane to make the wide turn. Truckers who cannot do this navigation correctly will not be able to obtain their CDL. What Are Some Common Causes of Wide Turn Truck Accidents? Rookie mistakes many new drivers make are to begin turning too late or neglecting to keep their eyes on oncoming traffic rather than their turning location, both of which can lead to a collision with a passenger vehicle. Other common causes of wide-turn truck and car accidents in South Carolina include: Blind Spots Oftentimes, truck drivers do not adequately watch their blind spots. Big rigs and other trucks have four primary blind spots, including directly behind the truck, in front of the truck, and on either side of the truck going at a backward angle from its side mirrors. Turn Signals Truckers who do not use their turn signal fail to warn other drivers of their intentions. This frequently leads to accidents with other vehicles that did not anticipate the truck’s turning. Poor Driver Training Driving generally involves many rules and safe practices. Truck driving involves even more additional training. Drivers who do not receive adequate training on what to do when they encounter the need to make wide turns are more likely to cause accidents that lead to personal injury. Other Causes Other common causes of wide-turn truck accidents include speeding, driver fatigue, distracted driving, intoxication, and any other events that typically lead to accidents on the road. How To Avoid a Wide Turn Accident If you are driving on roadways and see a commercial truck or tractor-trailer attempting to turn, you should never try to skirt around them. Let them make their wide turn first. It is not worth the extra minute or two you might save. Additionally, give the heavy truck room. Crowding the intersection increases the chance of a motor vehicle accident as the truck navigates the turn, especially risking serious injury to yourself in a head-on collision. Other safety tips include watching for turning signals on trucks, keeping at least one car’s length behind a truck, and never cutting in along the right side of a truck. Drivers have several blind spots and cannot see you — the further out you stay, the less likely they will be to hit you. Always be proactive when driving in the vicinity of trucks and big rigs. What Injuries Result from Wide Left Turn Truck Accidents? Most truck-related accidents involve left-hand turns. The vehicles involved often create head-on collisions or T-bone accidents, which can lead to severe injury or wrongful death. Common injuries in these wide-turning accidents include: Traumatic brain injuries (TBIs) and other head injuries Back and spinal cord injuries Broken bones and lacerations Internal organ damage Amputations Paralysis Internal bleeding Burns and scarring Collisions with heavy vehicles are more serious than other types of car accidents in South Carolina because of their sheer size and weight. The impact of being in a semi-truck crash or tractor-trailer accident can be devastating and life-altering. Many truck accident victims involved in wide-turn accidents require long-term treatment or sustain permanent injuries. Who is Liable for a Wide Left Turn Truck Accident in South Carolina? The truck driver making the wide turn or their employer will be found at fault in most liability cases. The Driver Truck drivers are supposed to attend thorough training so they can skillfully operate a large vehicle under any scenario. If a driver fails to use turn signals, enters lanes too quickly, fails to check for a clear roadway, or improperly turns into an intersection, they could be found at fault for the accident. All of these errors are considered negligent acts. Their Employer The truck company that employs the driver can also be held responsible in a trucking accident. This is because the driver was driving the truck within the scope of their employment when they committed an illegal, reckless, careless, or otherwise negligent act. Drivers are expected to exercise a duty of care when encountering other vehicles sharing roadways. Another way an employer can be held liable is if they did not adequately train their drivers, either failing to have them participate in training or the training not being rigorous enough to make their employees safe truck drivers. In many truck accident cases involving wide turns, both the driver and their employer are held responsible for injuries, damages, or wrongful deaths. Other potential defendants include truck owners, maintenance/repair contractors, manufacturers, and loading contractors/shippers. How Can a South Carolina Truck Accident Lawyer Help Me After a Wide Turn Truck Accident? Under South Carolina Law, you have the right to pursue economic compensation after suffering a wide-turn truck accident. Filing a lawsuit may help you pay for your medical bills, property damage, and other losses with a firm dollar amount attached. You can also pursue noneconomic losses, which cannot easily be calculated, such as pain and suffering. An attorney can help to see you receive fair treatment and compensation and help you in various ways. Perform an investigation of the accident Gather evidence Identify witnesses and obtain statements Identify potentially liable parties Assign value to your economic and noneconomic damages Negotiate a favorable settlement Handle the paperwork while you focus on recovery With a truck accident attorney by your side, you will have a strong advocate by your side who will fight for you. Insurance companies are notorious for trying to deny claims and attempt to slant cases to make their clients look blameless. Your lawyer can handle negotiations and work towards a fair settlement after your collision with a large truck. If a fair agreement cannot be reached, your attorney can take your case to court. Let Us Help Prevent Your Case From Taking a Turn for the Worse. Call Our Lawyers Today. People involved in truck accidents in South Carolina almost always experience severe injuries, resulting in high medical expenses. If you or a loved one experience a scary incident involving a big rig or another commercial vehicle, you may not feel well enough to fight for your right to fair compensation. Especially when insurance company adjusters are doing everything they can to push the blame off their end and onto yours. The skilled and knowledgeable personal injury lawyers at HawkLaw will stand with you every step of the way from beginning to end. We pride ourselves on our diligence in handling truck accident cases and will work hard to get you a fair settlement. We can help you file your claim against the liable parties, follow up with insurance, and more. We will be the go-between, so you do not have to contend with pushy insurance companies who are not on your side and will not consider what is in your best interests. To date, we have had many successful personal injury cases,* and our clients’ testimonials serve as a beacon of our diligence. We highly value the attorney-client relationship and promise to Fight for You. To speak with a legal team member to request a free consultation,* call our phone number at 888-HAWKLAW or complete our convenient online contact form. ### If I Have Lost Enjoyment of Life Can I Sue? Car accident and other personal injury victims often sustain injuries far beyond the cost of their medical bills and lost wages. When this happens, you deserve the opportunity to get back to where you were before the accident. At HawkLaw, P.A., we dedicate ourselves to your recovery by helping you collect non-economic damages, also known as pain and suffering. According to a study done by the Insurance Research Council, the average person receives 3.5 times the amount of compensation when they hire a lawyer. To learn how you may receive following your injury, contact our office at 888-HAWKLAW and schedule a free consultation* with an experienced South Carolina personal injury lawyer. How Does South Carolina Define Pain and Suffering? Under South Carolina law, pain and suffering are non-economic damages an accident victim may seek. These are damages “arising from pain, suffering, inconvenience, physical impairment, mental anguish, emotional distress, loss of society and companionship, loss of consortium, injury to reputation, humiliation, other nonpecuniary damages.” As such, pain and suffering describes and acknowledges the physical and emotional stress you, as an accident victim, suffer following an injury. In South Carolina, when your suffering fits within this definition, you can seek and obtain compensation, provided you can prove the accident caused your excessive emotional and physical discomfort. How much compensation you may receive in loss of enjoyment of life damages will depend on the determination of how much pain or suffering you experience due to the accident and resulting injury. This requires building and presenting a strong case for the judge and jury. What is Loss of Enjoyment of Life? Loss of enjoyment of life involves the inability to participate in activities following a serious accident. It is a real consequence of sustaining physical injuries. Another way of phrasing this is that loss of the ability to enjoy your life negatively impacts your overall quality of life. Accident victims will often find themselves unable to engage in various activities in the same way or manner as before the accident. Examples include being unable to participate in your favorite sport, such as tennis or soccer. You may also be unable to perform your preferred work, impacting your finances and state of mind. Consider someone who once prided themselves on their craftsmanship when building furniture, either for work or as a hobby. An injury to their eyesight, hands, knees, or back may now limit their abilities, keeping them from comfortably bending or handling tools for their woodworking projects. It may even be painful to do so for longer than a few minutes. That person’s enjoyment in crafting furniture is now greatly diminished. This diminishment is a loss of enjoyment and can become part of a personal injury claim. To qualify for compensation, however, you must be able to show that this loss of enjoyment is a direct result of a particular loss of function, sudden or chronic pain, or other such factor occurring due to a personal injury. Specific serious injuries that can lead to loss of enjoyment of life and be compensable include: Spinal Cord Injuries: a type of catastrophic injury that can lead to paralysis and loss of motor function. Brain Injuries: resulting from a serious injury involving head trauma, can range from mild concussions to more severe injuries, leaving you with frequent or chronic headaches, nausea, seizures, convulsions, loss of balance, or cognitive function. Soft Tissue Injuries: such as damage to muscles, ligaments, and tendons, can affect function and movement that interferes with work or pleasurable activities. Vision and Hearing Injuries: affecting how an injured person communicates, travels, and cares for themselves, often ending one’s career and more. Disfigurement or Scarring: impacting your quality of life and can also lead to psychological pain. Other injuries can also affect an accident victim’s enjoyment of life, including strains and sprains, which can lead to chronic pain. When you experience severe pain constantly, it is not only physical but can affect your emotional and mental health. Such chronic pain can cause depression and anxiety, disrupt sleep, and interfere with interactions with others. Can You Sue Someone for Loss of Enjoyment of Life in South Carolina? In South Carolina, if you suffer an injury due to another party’s negligence, you may potentially be able to file a personal injury lawsuit for non-economic damages, including loss of enjoyment of life. The law requires proving that these damages arise from pain, suffering, and so forth to collect compensation. What constitutes a loss of enjoyment of life is left up to legal interpretation. As such, many lawyers will include loss of enjoyment of life, emotional distress, and other damages in their definition of pain and suffering when requesting non-economic damages, placing the focus on how the injury affects you in your day-to-day life. How is Loss of Enjoyment Different from Emotional Distress? While inclusion of both loss of enjoyment and emotional distress in an accident victim’s personal injury case is common, it is important to note the difference between the two and determine if you suffer from one or both. Loss of enjoyment of life refers to your ability to engage in activities. Simple or severe loss of enjoyment can exist. It may involve issues affecting your everyday life, such as cooking, communicating with friends and family, engaging in hobbies, or performing everyday functions, such as standing, walking, and feeding oneself. Emotional distress, on the other hand, refers to emotional or psychological trauma from an accident and often requires counseling and therapy for years. It may even result in post-traumatic stress disorder (PTSD). An accident victim may experience both loss of enjoyment and emotional distress at the same time. For example, severe depression may impact your ability to engage in day-to-day activities. How Do You Measure Loss of Enjoyment of Life? Loss of enjoyment is intangible and challenging to measure. The South Carolina Supreme Court put forth that all pain and suffering due to a personal injury cannot be objectively determined, and, as such, there is no standard way to measure it. Instead, the Court says that the compensation for these types of damages is determined by a jury. To start, your personal injury attorney and the insurance company will calculate an estimate of your overall case. This calculation, along with the one determined by a jury, takes into consideration several factors, including: Injury types and severity Recovery period Prescription medication types and costs Medical expenses Permanency of your injuries The various ways your daily activities are impeded Level of interference with the ability to enjoy time with family The judge and jury will also consider your age, health before the accident, and your need for medical care and attention following the accident and beyond. Proving Loss of Enjoyment of Life in South Carolina Since the jury determines the amount of damages you receive for loss of enjoyment in South Carolina, you will need to present convincing evidence at trial. This evidence must show that your loss of enjoyment relates directly to the other party’s conduct. The following can support your claim. Testimonials Testimonials are essential to your case. The testimony of the injured party will speak to the physical pain and emotional or psychological trauma experienced as a result of the injury. Testimony from medical professionals will focus more on the severity of injuries and the resulting treatments. Doctors can be key to your case, as they can speak to the jury about the body’s systems and mechanics in an understandable way. Witnesses Witnesses can provide information to the jury that relays the impact an injury has on an individual’s life. Lay witnesses, such as family members, co-workers, and friends, can describe how you were prior to the accident versus now, which may include personality changes, demeanor, and outlook on life. Expert witnesses will also be critical to your case. For example, medical experts can testify to the level of pain and suffering you have experienced since the accident. Medical Statements Medical records and statements are key pieces of evidence showing not only your injuries and treatments but also your state of mind. In your records will be healthcare provider notes mentioning your psychological state during visits, which can support claims of pain and suffering. Mental health evaluations can also be strong evidence to support claims. Professionals, such as psychiatrists and psychologists, understand how a physical impairment and pain can affect an individual and impact them emotionally. Compensation for Your Body and Mind The effects an injury can have on you may be far more than physical. They can also affect your quality of life going forward. When this happens, you deserve financial compensation for both your body and mind. The South Carolina personal injury attorneys at HawkLaw have experience fighting for compensation for accident victims and will seek economic and non-economic damages in your case. Our law firm has over 19 years of experience fighting for people just like you in South Carolina, handling over 7,500 cases and recovering millions of dollars for our clients.* If you or your loved one needs legal advice or assistance following an accident and resulting injury, call us at 888-HAWKLAW or use the convenient online contact form today to schedule a free consultation.* ### South Carolina Aggressive Driving vs. Road Rage Road rage and aggressive driving make the streets more dangerous for other drivers who operate their vehicles with the precautions and safety practices you would expect. Unfortunately, encountering aggressive driving and road rage are the reality of how some motorists act. According to the National Highway Traffic Safety Administration (NHTSA), aggressive driving played a role in almost 56% of fatal crashes from 2003 to 2007. The majority of which involved excessive speed. These statistics do not even account for the thousands of preventable injuries. When it comes to road safety, you want to identify — and avoid — dangerous drivers, but that is not always possible. If you suspect aggressive driving or road rage played a role in your serious car accident, do not hesitate to contact HawkLaw, P.A. Our personal injury lawyers are highly skilled in South Carolina accident law and will fight for you. Call our law firm today at 888-HAWKLAW. What is the Difference Between Aggressive Driving and Road Rage?  The fundamental difference between aggressive driving and road rage is that the former is a traffic violation, whereas the latter may involve a criminal offense (depending on how far the rage goes, yelling, for instance, would not qualify). Road rage typically occurs when aggressive drivers (or even their victims) become so angry it creates a dangerous situation. The behavior of the individual becomes uncontrolled and they are provoked easily, expressing themselves with aggressive or violent behavior on the road. What Actions Constitute Road Rage or Aggressive Driving in South Carolina?  Many people often use the terms aggressive driving and road rage interchangeably. However, there are some distinct differences between the two. Aggressive Driving The term aggressive driving is associated with dangerous behavior taking place on U.S. roadways. This phrase encompasses a number of unsafe driving behaviors, including: Operating a vehicle excessively over the speed limit Weaving unsafely in heavy traffic conditions Violating traffic laws (e.g., stop lights and signs) Making unsafe lane changes Running red lights These and other aggressive driving behaviors that go against all safe driving practices can fall under the umbrella term of aggressive driving. NHTSA defines aggressive driving as “the operation of a motor vehicle in a manner that endangers or is likely to endanger persons or property.” Road Rage When comparing aggressive driving and road rage, there are a few overlapping factors since many aggressive behaviors can quickly escalate to road rage behavior. However, examples of road rage typically include the following: Ramming or bumping into other vehicles Making rude gestures at other drivers Tailgating cars in front of them Yelling at other people using roadways Honking in anger at others Engaging in lane blocking Intentionally cutting off other drivers These are only a handful of ways road rage tends to materialize. In many instances, road rage behaviors are considered acts of violence and can lead to jail time. How Does Aggressive Driving Cause Accidents?  Aggressive driving is unsafe behavior and puts yourself and others at risk. Not only are activities considered to be aggressive driving dangerous in themselves, but they can also spur anger in other motorists on the road, leading to bad situations becoming even worse. How to Avoid an Accident with an Aggressive Driver Rather than contribute to escalating an already bad situation, it is best to avoid getting into accidents — or even confrontations — with an aggressive driver. Instead, focus on the safety of yourself and the safety of others. Let Them Pass  If you encounter a driver tailgating you or otherwise driving poorly, try to move away from them and avoid getting angry. That will not help the situation. If you encounter a speeding driver, even if you have the right of way, simply let them pass because it is not worth getting into an accident or getting furious yourself. Whatever you do, never brake check the other driver. This can contribute to making a bad situation much, much worse. Keep Your Cool Avoid getting angry at the actions of other drivers, and do not attempt to retaliate. If the other driver is acting aggressively by flipping you the bird, honking their horn, or yelling obscenities, ignoring them is your best path to safety. Also, try not to make eye contact, as this can be seen as an act of mutual aggression. Follow Safe Driving Practices No motorist likes to be tailgated. It can make the other driver feel uneasy, so try to maintain the appropriate following distance. Also, be sure to use your turn signal when turning off the road or changing lanes. This avoids potential conflict if you let other drivers know your intentions. By taking these simple steps, you can often avoid getting in the middle of road rage incidents. Doing so can help you avoid fatalities and injuries. What to Do When in an Accident with an Aggressive Driver Usually, when in an accident with another driver, you want to exchange information; however, if they look wound up, this may not be the best idea. In extreme cases, you will want to call the local police station and let their officers deal with the angry driver instead. If they appear injured, call 911 for help rather than approach them. If the driver verbally abuses you or gives you obscene gestures, try to ignore them. You do not want to escalate a potentially dangerous situation by engaging with a driver who exhibits road rage behavior. Do not speak to their insurance company; contact a skilled car accident attorney and let them handle communications. Insurance companies are in the business to make money and do not have your best interests at heart. 20+ Years Holding Aggressive Drivers Accountable If you have been a victim of road rage, the South Carolina personal injury lawyers at HawkLaw will fight for you and help you win compensation for your injuries. We fight to win! Our accident attorneys are very skilled in every type of motor vehicle collision, including those caused by aggressive drivers and road rage incidents. We highly value our clients and promise to offer you sound legal advice in relation to your situation. To request a free consultation,* call 888-HAWKLAW or complete our online contact form to speak with a member of the HawkLaw team today. ### What Would Be Considered Reckless Driving? Did you know that South Carolina is home to some of the worst drivers in the country? A 2022 study by Car Insurance Comparison listed South Carolina as number three in their list of states with the worst drivers in the United States. South Carolina tied for second worst in careless driving and speeding. South Carolina’s third-worst ranking was based largely on its total death rate per million miles traveled—1.73. This rate is the worst in the country. It is unclear why South Carolina ranks in the top for “worst states” for drivers. Most of the causes of fatal car accidents are due to speeding and impaired driving, and South Carolina has specific laws prohibiting these bad driving behaviors. Nonetheless, reckless driving still occurs. If you find yourself in a car accident with a reckless driver, call the car accident lawyers at HawkLaw, P.A. Our law office will help you assert your claim and work hard to get you the compensation you deserve to address your injuries. Contact us online or call 888-HAWKLAW. What Does South Carolina Consider Reckless Driving? Reckless driving is more than just driving irrationally. Instead, South Carolina’s traffic laws specifically define reckless driving as follows: Driving a vehicle in such a manner to indicate either willful or wanton disregard for the safety of persons or property. The term “willful or wanton” means something more than driving in a careless manner. It is essentially being knowingly negligent, disregarding the safety of others. In 1950, the South Carolina Supreme Court stated that speed alone might not be reckless driving. Instead, a court will consider all of the various facts surrounding the particular situation. Examples of these facts might include: Where the driver was traveling The character and condition of the highway The time the alleged reckless driving occurred Whether any other vehicles or people were nearby Weather conditions Whether it was daytime or nighttime Weight and load of the offending vehicle Familiarity with the highway Opportunity for observation of the line of travel The general ability to stop to avoid a collision South Carolina courts can clearly take a lot of factors into consideration when determining whether a driver was reckless. However, the examination often comes down to two questions: Was the driver acting reasonably for the conditions (was he negligent?) and Did the driver know he was acting inappropriately under the circumstances? For instance, a driver speeding five miles over the speed limit might not realize they are driving over the speed limit, so the act is negligent. A driver who is traveling 40 miles over the speed limit likely knows that they are going too fast for the area, but they consciously decide to travel that fast regardless. In that situation, the driver traveling 40 miles over the speed limit is likely engaging in reckless driving. What is Considered Reckless Driving Speed? Reckless driving speed in South Carolina is defined under the South Carolina Code of Laws SECTION 56-5-2920. It encompasses operating a vehicle at speeds that greatly exceed legal limits, posing a significant danger to the public and property. Driving at speeds more than 25 miles per hour over the posted limit is often considered reckless driving. Such actions jeopardize not only the safety of the driver but also that of passengers, other motorists, and pedestrians. Seven Types of Reckless Driving Reckless driving contributes to driving fatalities across the United States, with speeding playing the largest role. Perhaps the best way to understand reckless driving is to consider examples of situations where reckless driving may occur. Reckless Driving In general, if a driver is operating their vehicle over 25 miles per hour above the posted speed limit, they may be cited with reckless driving. However, reckless driving for excessive speed can vary based on the circumstances as well. If the weather conditions warranted a slower speed, for example, that might be considered when evaluating whether reckless driving occurred. Distracted Driving Deliberate distractions can end up being reckless driving in some cases. The longer the distraction occurs, the more likely it is to amount to reckless driving. Common causes of distracted driving include cell phones and other technology, passengers, and eating and drinking. Tailgating Tailgating and other aggressive driving behaviors are often deliberate acts of reckless driving. Tailgating can be extremely dangerous because it does not give a driver enough time to stop safely. It is even more dangerous at higher speeds. Racing Racing is prohibited based on several local and county ordinances. It is extremely dangerous on both highways and roads throughout town. Any racing activity is often considered reckless driving. Knowingly Violating Traffic Laws Traffic laws are there for a reason — they keep other drivers and pedestrians safe. When drivers ignore these laws, they put everyone around them at risk. Some common examples include running a red light, stop sign, or another traffic signal. Even deliberately passing a stopped school bus, failing to use a turn signal, or ignoring the right-of-way can be considered reckless driving. Driving Under the Influence When a motorist is intoxicated from alcohol or another drug, the driver’s reflexes are often slowed, their cognitive judgment is impaired, and their driving skills are simply worse than if they drove sober. The likelihood of a serious auto accident increases substantially when a driver is impaired. Be sure to contact a South Carolina car accident attorney if you believe drunk driving caused the motor vehicle accident. Road Rage Road rage occurs when a driver acts aggressively around other drivers, such as by speeding, making unsafe lane changes, or “brake checking” drivers behind them. Aggressive driving is usually deliberate, so it can rise to the level of reckless behavior in many situations. Common Injuries Caused by Reckless Driving Accidents Reckless driving can result in a wide variety of very serious injuries. Because the actions of the driver are particularly egregious when a driver is reckless, the injuries involved can be even worse than in the average car accident case. Examples of injuries caused by traffic accidents involving reckless driving might include: Broken bones Brain injuries Spinal cord injuries Severe soft tissue damage Injuries from a reckless driving case might not appear severe at first, but they can have long-term negative effects on car accident victims. What is the Most Common Punishment for Reckless Driving? Reckless driving in South Carolina is a misdemeanor crime. The state can fine drivers up to $200 for their first offense. Repeat offenders can get points on their driver’s licenses. If a driver has several charges of reckless driving within a certain period of time, their license may be suspended as well. Reckless driving often will not result in jail time unless the reckless driving charge is related to driving while intoxicated. When Can I Sue a Driver for Reckless Driving? In general, if a reckless driver caused an accident, you may be able to sue that driver to recover for any losses related to the accident. South Carolina is a “fault” state. That means that the at-fault driver in a collision must pay for any injuries or damage they cause because of their actions. The at-fault driver is legally liable because of their reckless driving. What Damages Can I Recover from a Reckless Driver? South Carolina law allows car accident victims to recover any losses they suffered because of the actions of an at-fault driver. These losses could be very narrow, or they can cover a wide range of damages. Below are a few examples of damages you might be able to recover for your injury claim. Medical expenses Lost wages Pain and suffering Loss of enjoyment of life Loss of companionship (for loved ones) Future loss of earnings Future medical expenses Property damage Every vehicle accident case is different, so the money damages that you could receive after an accident will vary. Damages are supposed to compensate you for the losses you experienced. So, if you did lose any time from work, for example, lost wage damages likely will not be an option for you, but covering medical bills may be. Talk to a dedicated car accident lawyer for legal advice on the specific damages you might be able to receive in your personal injury case. How to Protect Yourself from Reckless Drivers Unfortunately, completely avoiding reckless drivers might not be an option. However, some defensive driving tactics can help you protect yourself and your loved ones on the road. Keep your distance from other drivers. Be sure that you follow other drivers at a safe distance, giving yourself plenty of time to react in an emergency situation. Use 3 or 4 seconds between cars in high-speed areas. Monitor your blind spots carefully. Blind spots are dangerous. While new technology has helped address blind spot issues, it has not completely solved the problem. Check your blind spots with a quick look over your shoulders from time to time, especially before changing lanes. Be conscious of other drivers’ blind spots. Make efforts to determine where other drivers’ blind spots may be so you can avoid them. This is particularly important when traveling near large vehicles, as their blind spots can be huge. Avoid distracted or dangerous drivers. Sometimes the best thing you can do is get out of the way. If you notice that a driver is swerving or fading in and out of a lane, move away. If a driver is acting erratically, slow down or change lanes to move away from them. If you suspect a driver is intoxicated, consider calling the police so the authorities can address the situation. Assume the worst. The best defensive drivers assume the worst of other drivers. For instance, making an assumption that a driver is going to run through a stop sign or fail to yield properly can help avoid accidents altogether. Do Your Part to Keep South Carolina Roadways Safe from Reckless Drivers Reckless driving is plain wrong. It puts others on the road in danger. If you are injured by a reckless driver, you may have options to seek compensation for your injuries and damages. Our South Carolina personal injury lawyers may be able to help you collect compensation for your injuries and hold reckless drivers accountable for their actions. Contact our law firm to learn more during your free consultation.* Remember, if you see someone driving recklessly, you can call *47 or 911 to report them. ### When a Dog Bites a Groomer Who is Liable? More than 800 million people in the U.S. receive medical attention for dog bites. South Carolina is one of the few states exempt from the one-bite rule, meaning owners are liable even when their dog has no prior history of violence. However, there may be some exemptions to this liability that you need to know. If another person’s dog bites you in South Carolina, learn how the personal injury lawyers at HawkLaw, P.A. can help you receive compensation. Do not wait to file your case. Call our office today at 888-HAWKLAW to set up a free consultation*. What Are the Dog Bite Laws in South Carolina? South Carolina is serious regarding dog bite laws in the state. Owners maintain strict liability for the behavior of their dogs, regardless of whether or not they know the dog’s potential to attack. If a dog bite results in injuries, the owner is generally liable to pay damages to the victim. More specifically, the dog owner will be liable if the dog attacks a victim within a public space or while lawfully on private property. As long as the bite victim did not provoke or harass the dog, causing it to attack, that liability remains. South Carolina dog bite law contains what is referred to as a provocation defense wherein if the provoking or harassing of the animal results in biting, the dog’s owner will not be considered liable. As for fines and penalties, a dog owner can face both. These apply strongly when the domestic animal is identified as a dangerous dog. A dangerous animal is one that the owner knew had a tendency to endanger another person or domestic animal or makes an unprovoked attack resulting in injury or the fear of injury. If your dog classifies as dangerous, you may be facing a misdemeanor or felony charge, and certain penalties apply. A first offense may result in a $5,000 fine and a potential three-year sentence, while a second one being a $10,000 fine and up to five years. You may incur substantial civil costs depending on the dog attack and injury circumstances. If you are the owner of the dog that bit someone, seek the legal advice of an experienced personal injury lawyer as soon as possible. When Are Owners Exempt from Liability in a Dog Bite Case? While South Carolina state laws tend to be stricter regarding liability in a dog bite case, there are also four specific exceptions when owners may be exempt. Trespassing When a dog bites someone trespassing on the owner’s property, an exemption from liability applies. A trespasser is one who enters another’s property without permission or legal justification (such as the delivery of mail by a postal worker). Businesses or homeowners will rarely be held liable when their dog bites a trespasser. Occupational Hazard If a dog bite is a reasonable occupational hazard, the victim may not be able to sue. An occupational hazard involves the understanding that the work being done may involve danger or getting hurt in some way but forging on voluntarily, regardless. Examples of individuals where this occupational hazard and potential for serious injury can occur include a veterinarian, vet technician, groomer, kennel worker, and animal boarder. If a bite occurs, you, as the dog owner, may be able to use the “assumption of risk” defense and limit your liability. Your Dog Was Under Someone Else’s Care Under the South Carolina dog bite statute, an individual responsible for taking care of a dog may be liable in the same or similar capacity as the owner should a dog bite occur. In some instances, groomers may fall into this category, or you may have designated someone else to care for your dog for a time that involved a trip to the groomer. If your dog bit another person while not in your care, your case can become complicated, and the presentation of all relevant details will be essential. For this reason, consulting with a knowledgeable personal injury attorney will be beneficial in placing and proving liability where it legally falls. The Victim Provoked the Dog In South Carolina, if a victim has provoked your dog, you, as the owner, are not liable for those dog bite injuries. Provoking the dog may include teasing, harassing, or even abusing the animal directly. If this occurs, the dog’s owners can claim that provocation led to the dog bite and, as such, they are not liable. For this dog bite law defense to be successful, you will need to show that the victim’s actions were indeed the proximate cause of the resulting bite or attack. If you believe any of these exceptions apply to your case, seek the legal advice of an experienced dog bite lawyer knowledgeable in South Carolina state laws. You do not have to accept liability, and knowing your rights and the necessary steps to avoid a lawsuit will be beneficial. Can a Groomer Sue You If Your Dog Bites Them? For a groomer, a dog bite is a realistic occupational hazard. As such, the groomer most likely cannot sue you. Yet, there is always the potential for a groomer to pursue a lawsuit. They may assert that your dog is exceptionally aggressive, meaning it is beyond the normal risk of working with animals as an occupational hazard. If proven, you may be held liable. As the owner, you may also risk a dog bite lawsuit if you retained control of the dog before and at the time of the attack or bite. That is, the groomer had not yet become the dog’s keeper, thus not accepting the occupational risk voluntarily. Can Groomers Collect Workers’ Comp After a Dog Bite? A dog bite can cause complications, often resulting in such injuries as lacerations, punctures, fractures, nerve damage, and more. Since groomers interact with animals as part of their work, if a dog bites and causes a personal injury, they may be able to collect workers’ compensation benefits. To collect these benefits, however, they will need to show that the dog bite arose out of the conditions of their employment and take the necessary steps to make an injury claim. The injured dog groomer will need to inform the employer of the mild or serious injury as soon as possible and at least within 90 days of the occurrence of the dog bite. Next, either the employer will file an insurance company claim, or the dog bite victim must request, complete, and submit a form with the South Carolina Workers’ Compensation Commission (SCWCC). If you are a groomer and need help with filing a workers’ compensation claim or appealing a denial, consult with a workers’ compensation attorney. Your attorney will review your case, compile evidence, defend your claim, and meet all deadlines, including the statute of limitations. Seeking workers’ compensation benefits may be essential not only to your healing but also to your financial stability. Workers’ compensation for dog bites may include coverage for any or all of the following: Medical bills Lost wages Vocational rehabilitation/retraining Partial Disability Total disability Death benefits It is essential to note, however, that dog bite victims that are independent contractors are not eligible for workers’ comp. An independent contractor is a groomer who provides services under a contract (written or oral) and does not work for an employer. To help cover medical expenses, then, as an independent contractor, you will need to purchase your own health insurance and possibly even a short-term disability policy. How to Prevent Your Dog from Biting the Groomer Even if the groomer cannot sue you if your dog bites them, you should still take necessary precautions. To prevent your dog from biting the groomer, you should let them know how aggressive your dog is, schedule regular appointments, and spend time training and socializing your dog. Let Them Know If Your Dog is Aggressive Let the groomer know what to expect when working with your dog. Communicate the dog’s temperament with animal care workers. If your dog is aggressive or harbors a tendency to snap or bite when someone touches its paw, ears, or other areas, inform the groomer so they can be prepared and take precautions. Schedule Regular Appointments Schedule regular grooming appointments depending on the length of the dog’s fur. Otherwise, the coat may become matted, and grooming may become uncomfortable, even painful, for your dog. When groomers must pull out mats from the dog’s fur, bites are more likely to occur as a defense mechanism. Train Your Dog! Take it upon yourself to train your dog and lessen the chances of aggressive behavior and biting. Attend a basic training program with your dog, and continue with other training when possible. Allow your dog to socialize and interact with other people of all ages, as well as with other animals. Also, avoid physically punishing your dog and instead use positive reinforcement measures, such as treats or praise. Does Your Dog Bite Case Have Teeth? We Will Let You Know If you experience a dog bite and want compensation, call our lawyers at 888-HAWKLAW today to discuss your case or submit our online contact form to schedule a free case evaluation or consultation.* Our law firm handles both workers’ comp and personal injury cases and will fight for your legal rights and the money you deserve. We value the attorney-client relationship and will work to provide you with the legal services you need when you most need them. ### What Are the Most Common Injuries in Truck Accidents? In 2020, South Carolina ranked 10th in the nation for truck accident fatalities. While 132 deaths may seem modest compared to the 643 deaths in the state topping the list, Texas, it is important to remember that South Carolina is much smaller in population and overall land mass. Likewise, our home state ranks 10th in truck accidents per capita. These truck accidents leave devastating injuries and involve multiple liable parties. If you are injured by a semi, learn how a South Carolina truck accident attorney with HawkLaw, P.A. can take care of your costly and time-consuming truck accident case. How Are Truck Accidents Different from Car Accidents? Commercial truck accidents are uniquely different from other vehicle accidents. They are caused by different factors, have multiple liable parties, cause extensive property damage, and result in more severe injuries due to the sheer size of semis compared to the other involved smaller vehicles. With a car accident, the cause is often due to some sort of driver error, such as speeding, distracted driving, or a failure to yield or stop as required. Truck accidents, on the other hand, result due to the size, height, and weight of the big rigs, which make it extremely difficult to make turns or stop quickly. Trucks can also experience equipment failure and cause an accident. In such truck accident cases, multiple liable parties may be to blame, including the driver and the truck company. Trucks require regular maintenance and check-ups, so they remain safe for the road, and when the driver or company fails to comply, equipment malfunction can occur. Another potentially liable party is the manufacturer of the truck or certain piece of equipment that fails and is found to contribute to the accident. For these reasons, a truck accident case requires a focus on determining liability, which can be multiple parties. Experienced personal injury lawyers will be able to investigate all circumstances behind the accident, compile various evidence (e.g., driver logs and driving records, etc.), and represent you before the insurance companies and, if necessary, in a lawsuit, In addition, those involved in an accident with a tractor-trailer can suffer more catastrophic injuries due to the size and weight of a semi. These serious injuries can result in exorbitant medical bills, time away from work, disability, and even loss of life. Truck accident victims and their families will need to seek higher compensation from the insurance company or file a lawsuit to receive what they need and deserve. What Are the Most Common Causes of Truck Accidents in South Carolina? While no two accidents are exactly the same, there are common causes for most truck accidents in South Carolina. These causes include driver fatigue, alcohol, speeding, poor training, improper inspection, and unsecured cargo. Driver Fatigue Drivers are often fatigued but continue driving anyway to meet deadlines. Fatigue affects their ability to focus, concentrate, and respond to changing road or weather conditions. It can result in drowsy driving, making them even more accident-prone. Alcohol Truck crashes can be the result of alcohol use by the driver, which can impair judgment, vision, and more while behind the wheel of a big rig. Speeding Speeding is often a major factor in accidents. When a driver of a big rig speeds, it may be to meet strict deadlines or other factors that make them dangerous. Since these big trucks require a greater stopping distance due to size and weight, speeding will limit their capabilities to avoid an accident. Poor Training To drive a commercial vehicle, drivers must undergo specific training. This training is essential for knowing the limitations of a big truck, how it works, and ways to avoid an accident in different circumstances. If the training is poor or non-existent in some aspect, accidents can happen. Improper Inspection To drive a truck in South Carolina, a driver must first obtain a special commercial driver’s license (CDL), which requires the passing of a physically conducted vehicle inspection test. In addition, rules of the Federal Motor Carrier Safety Administration (FMCSA) strictly require that all drivers perform an inspection prior to each trip, and at the end of their driving day, they must create a new inspection report each time. Drivers must also review previous inspection reports and confirm past repairs have been completed. If the driver fails to inspect or does a quick, improper inspection, problems may exist that contribute to an accident while out on the road. Unsecured Cargo When loading, commercial trucks must pay attention to how the cargo is loaded and stored in the trailer. Any unsecured cargo can shift with movement and even fall, knocking the trailer off-balance and resulting in an accident. The driver is responsible for inspecting the trailer and its cargo prior to departure. What Are the Different Types of Truck Accidents in South Carolina? The different types of truck accidents most commonly occurring in South Carolina include the following. Jackknife Accidents When a truck trailer is fully loaded, it weighs more than the truck cab itself. With sudden braking, the tires may lose adhesion to the road, and the trailer will continue moving forward while the truck cab begins to slow. The forward motion of the trailer then shifts to one side, right or left, with the back end moving laterally. This shifting results in the trailer crossing lanes and entering oncoming traffic in many instances, striking with force anything in its path, including your vehicle. The truck and trailer settle at an angle similar to that of the handle and blade of a jackknife. This is one of the most common types of truck accidents. Head-On Collisions A head-on collision results when two vehicles traveling in opposite directions crash into each other. These collisions often occur at high speeds, causing extreme damage. When one of the vehicles is a big rig, the results are often severe and even deadly. Such truck collisions often occur as a result of driver error, speeding, fatigue, distracted driving, or swerving in an attempt to avoid a hazard. Rollover Accidents A rollover accident is when a truck turns over. These large trucks are highly susceptible to rollovers due to their higher center of gravity. When they turn a sharp corner, hit something, experience cargo shifting, have a tire blowout, or another event, it can throw off the balance and cause the truck to roll over or flip. Sideswipe Accidents A sideswipe accident involves a collision where one motor vehicle crashes into the side of the other vehicle as they drive in the same direction. Common circumstances for this type of accident are the merging of two lanes, blind spots, or improper lane changing. Underride/Override Collisions In accordance with federal regulations, large trucks must fasten rear impact guards in the back to prevent cars from sliding underneath if a crash occurs from behind. Unfortunately, these may not always be effective according to the crash testing by the Insurance Institute for Highway Safety, and the standard rear guard can fail to protect a car from an underride, such as when a truck driver stops short. An override collision is when a commercial truck drives over the top of a passenger vehicle, such as what might occur in a rear-end collision. This type of accident can occur when the truck is unable to stop in time, which can be due to hazardous weather conditions, driver error and negligence, or mechanical failure. Wide-Turn Truck Accidents Due to the size and height of tractor-trailers, maneuvering one is more difficult. Making a turn becomes an expansive endeavor, requiring more than one lane or space to accomplish. As a result, the truck driver must often swing wide to make that turn, crossing into the opposite lane or an intersection. This action places motorists in oncoming traffic and side traffic at a higher risk for a crash. Defective Truck Brake Accident Brake failure, according to the FMCSA, is the number one cause of big rig accidents. Brake failure may result from a number of issues, such as driver error, unsecured cargo and improper loading, or weather or road conditions. In addition, truck companies or owners may not adhere to the qualification standards set by the FMCSA for maintaining braking systems in order to save money and thus be liable for accidents that occur as a result. What are the Most Common Injuries from Truck Accidents? Due to the potential destructive force that a tractor-trailer that is fully loaded, traveling at legal speeds, can exert in a crash, accident victims are at a high risk of sustaining catastrophic injuries. The most common injuries from truck accidents are often life-altering and even life-threatening and include:     Traumatic Brain Injuries (TBIs): Head injuries are common in truck accidents with passenger vehicles. A sudden violent jolt, bump, or blow to the head can lead to a traumatic brain injury ranging from a concussion, contusion, hematoma, or hemorrhaging to actual skull penetration.     Neck and Spinal Cord Injuries: Truck crashes often result in direct damage to the neck and spinal cord of accident victims. Such injuries can lead to partial or total paralysis, altering a person’s life forever.     Broken Bones: Violent crashes can cause the breakage of any of the 206 bones located in the body. Depending on the severity of each break, medical care and treatments can range from a minor cast to surgery or amputation.     Severe Burns and Disfigurement: Accidents involving trucks that are transporting fuel or a dangerous chemical can cause various levels of burn injuries. These burn injuries can lead to severe pain, infections, and disfigurement. If you or a loved one suffer one or more of these injuries, consult with a personal injury attorney. Truck Accidents: Who is Liable? In South Carolina, there can be multiple liable parties in a truck accident, which will require diligent investigation and determination by an insurance company and your legal counsel. Liable parties often include any of the following. The Truck Driver Commercial truck drivers are expected to follow all safety rules and regulations, which include driving in a safe manner, obeying the rules of the road, and adhering to both federal and state rules that strictly apply to truckers. When the truck driver is negligent in any way, liability for a South Carolina truck accident may fall on them. The Trucker’s Employer Trucking companies often employ several drivers. Actions taken while working in the capacity of an employee will, as a result, fall on the employer in many injury cases. If the driver is negligent in any way while performing the job, the employer may be legally liable for an accident victim’s injuries that arose as a direct result of that negligence. The Shipping Company Shipping companies have an obligation to alert drivers and trucking companies when their goods are dangerous in any way or if there are any risks in their transportation. For example, the shipping of hazardous materials requires certain precautions. If not taken, the shipping company may be found liable in an accident where injuries occur. The Manufacturer If the truck involved in an accident is found to have defective parts, the manufacturer may be held liable. Truck and truck parts manufacturers are expected to practice due care and produce products that meet reasonably safe guidelines and, when used as intended, will not cause harm. If the truck or any part of that truck is determined to be a direct cause of a crash, the manufacturer is a liable party and subject to a lawsuit. Maintenance or Repair Shops Substandard maintenance or repairs that play a role or directly cause an accident can result in the placement of liability on the shops or companies responsible for the maintenance or repairs. The Government Certain government entities may also be liable parties in a truck accident. This can be due to road conditions, such as those roadways that are poorly maintained or include limited visibility. What to Do If You Are in a Truck Accident An insurance company will often start by offering you a lower settlement for your accident claim than you deserve in hopes that you will want to resolve the process quickly. Avoid signing and instead seek the legal advice of a dedicated truck accident lawyer. When involved in a semi-truck accident, there are several reasons to seek the help of an experienced South Carolina truck accident lawyer, including to: Compile evidence. Identify liable parties. Negotiate with insurance companies and seek a settlement high enough to cover all of your medical expenses and more resulting from a truck accident. Calculate economic damages (for medical bills, lost wages, and future lost income). Include rehabilitation and retraining expenses if your personal injury prevents you from returning to your previous career. Seek non-economic damages, including emotional distress, pain and suffering, and more. Schedule a case evaluation with a truck accident attorney to determine where you stand in your case and what steps to take to seek the compensation you deserve. If you suffered the loss of a loved one, your attorney can also file a wrongful death lawsuit on your behalf. 20+ Years Fighting for Large Settlements When involved in a truck accident, nothing can repair the catastrophic injuries you have suffered, but we will not rest until you receive the settlement you or a loved one deserve, and that could mean millions. HawkLaw’s experienced lawyers value each and every client and will fight on your behalf. Call our law office today at 888-HAWKLAW or submit our convenient online contact form to schedule a free consultation.* ### Am I Liable If Someone Steals My Car and Crashes It? Waking up to find your car missing can be a terrible feeling. The experience is even more gutwrenching if you discover that your missing car has been involved in an accident. You are sure to have questions about who is liable for injuries and property damage. The car belongs to you, but someone else was driving it without your permission. What if the person who stole your car was the at-fault driver? Where does the responsibility lie for damages caused in a car crash with a stolen vehicle? Continue reading to see what might happen if your stolen car is involved in an accident. Learn if you need to contact one of our experienced South Carolina car accident lawyers at HawkLaw, P.A. to help you with your case. You have enough to worry about with trying to get your car repaired or, if necessary, replaced. Call 888.HAWK.LAW to let us help you deal with insurance claims and any legal concerns that may arise. Is the Registered Owner of a Car Liable for an Accident in South Carolina? As the owner of a car involved in an auto accident, your liability will depend on at least two factors: Did you give permission to the person who was driving your vehicle? If not, was the theft of your vehicle foreseeable in any way? With regard to the first question, South Carolina makes a distinction between permissive and non-permissive use of a vehicle involved in an accident, as discussed in more detail below. As a general rule, the owner of a vehicle is not liable for injuries and other damage if they did not give the driver permission to use the car. An exception may apply if the theft was foreseeable. This question applies the legal theory of negligence. A person is legally negligent when they meet four criteria: They owed a duty of care to the plaintiff, or to the general public. They breached this duty of care. This breach was a direct cause of the plaintiff’s injuries. The plaintiff suffered damage because of their injuries. Personal injury cases arising from car accidents rely on the theory of negligence to hold at-fault drivers liable for damages. In the case of a stolen car, it is possible that the owner of a stolen vehicle could be liable if they were unreasonably careless about taking reasonable steps to prevent the theft. For example, the theft of a vehicle might be foreseeable in the following situations: The owner left the car unlocked in an area known for car thefts. They left the keys in the ignition after parking the car. They left the car unattended while the engine was running. This type of scenario is fairly rare. An insurance company might try to dispute whether someone that you know lacked your permission to use your vehicle. They are less likely to try to claim you were partly at fault for the car being stolen. The issue could come up, however, in a legal proceeding where the driver tries to claim they had your permission. Permissive vs. Nonpermissive Use of a Vehicle in South Carolina South Carolina law generally holds that a car owner is not liable for damages caused by someone who does not have permission to drive their car. If you allow an uninsured friend to drive your car, you may be liable if they cause a motor vehicle accident. The rule that absolves a car owner of liability for injuries caused by non-permissive use of their vehicle can apply to situations where a stranger steals the car and where someone the owner knows uses it without permission. Proving that someone did not have permission can be difficult, especially when the driver is someone the car owner knows. In a dispute over whether the driver had permission, an insurance company or court might consider whether the owner had given this person permission to use the vehicle before and whether the person might have reasonably thought they had permission to use it again. How Do I Protect Myself If My Car is Stolen? One of the most important things you can do to protect yourself is to file a police report as soon as you discover that someone has stolen your vehicle. An insurance company is not likely to believe you if the person who stole it is somebody you know. A police report that provides details about the theft and the vehicle, including the license plate number and vehicle identification number (VIN), is the best way to protect yourself. Why Do I Need to Inform My Insurance Company of the Theft? You need to let your insurance provider know that your car is missing. Many car insurance policies include collision coverage for damage to your vehicle due to car theft. Your insurance company will investigate to make sure the theft actually occurred. This is where a police report will be indispensable. Your insurance company also needs to know about the accident because the chances are very good that either you or the injured person(s) will need to make a claim. If the car thief is caught, other people involved in the accident can find out who they are, but even if the thief has insurance coverage, it almost certainly will not apply to damages caused by illegal activity. Other injured parties can make claims on their own insurance, but it is possible that they will try to make a claim on your insurance as well. You do not want your insurance provider to be surprised by any claims that may come in. Who Pays If Your Stolen Car Causes Harm to Someone Else? You should not be liable for injuries or damage if you can prove that someone stole the car. The liability would belong to the car thief if they were the at-fault driver, at least according to South Carolina’s personal injury laws. Whether that person is capable of paying for damages is another story. This is where insurance comes in. If an injured person has comprehensive coverage, including uninsured motorist coverage, their own insurance should pay for most or all of their damages. Personal injury protection (PIP) coverage provides reimbursement for medical expenses, lost wages, and certain other damages. For damages that exceed their policy limits, however, they would have to pursue the at-fault driver. What if a Car is Stolen and the Driver is Not Insured? It is very likely that the driver of the stolen vehicle will not have insurance. Since they have committed a crime by stealing the car, they will probably try to flee the accident scene. Anyone injured in the accident can file a personal injury lawsuit against the driver if the police catch them. It is highly possible, however, that the driver will not have enough money to pay a judgment. HawkLaw is Here to Help Answer Your Legal Questions Dealing with the aftermath of a car accident is stressful under any circumstances. When someone steals your car and gets into an accident, you have to deal with even more headaches. Your insurance company knows many tricks for limiting the compensation they must pay you. They may try to refute the idea that the car was stolen or minimize the amount of damage that occurred because of the accident. Legal advice from an experienced personal injury law firm can help you recover as much compensation as possible. The attorneys at HawkLaw have many years of experience advocating for car accident victims in South Carolina. They can meet with you to discuss how the insurance claim process works and address any questions or concerns you might have. They know how to build a solid case for your insurance company. That process includes the following steps: Obtaining a copy of the police report Investigating the alleged car thief’s background, including criminal records and insurance coverage Taking photos of the scenes of the car theft and the accident Reviewing surveillance footage, if any is available, showing the theft and the accident Identifying witnesses and taking their statements Helping you deal with repairs to or replacement of your vehicle Preparing your claim and making sure you meet all deadlines in your case. Panicked That Your Car Was Stolen? Call Us for Next Steps. You need skilled legal representation if you have been the victim of car theft followed by an accident that caused injuries or property damage. Call 888.HAWK.LAW or complete the online contact form today to request a free consultation* with an experienced personal injury lawyer at HawkLaw. ### How to Protect Against Hydroplaning When Driving Over the past 20 years, dozens of lawsuits and injury claims have been filed against the South Carolina Department of Transportation on behalf of those killed or severely injured in catastrophic auto accidents involving hydroplaning vehicles. These have resulted in millions of dollars in payouts, settlements, and judgments, according to a report by the Greenville News. A 2010 study from Clemson University further revealed that hydroplaning accidents were among the leading causes cited in lawsuits against the DOT, with 74% of these cases resulting in awards to the plaintiff. Were you in a car, motorcycle, or truck accident involving hydroplaning? The right personal injury law firm, like HawkLaw, P.A., can help you file a claim against the state or another driver. HawkLaw Fights to Win. Read on for some general information about hydroplaning accidents and how our firm can help earn you fair compensation after an auto accident. What is Hydroplaning? Hydroplaning refers to situations where a vehicle rides on a cushion of water instead of the tire tread meeting the road. Because the water gets between the tires and the road, the vehicle cannot maintain traction and begins to skid uncontrollably and slide. If oil or other slippery surfaces are present, the problem can worsen, leading to catastrophic vehicle accidents. Hydroplaning is a weather-related condition where your tire cannot scatter the water it encounters on the road surface, usually because there is too much of it. The water that cannot be displaced pushes under the wheels, causing the tires to rise above the road surface. How Does Hydroplaning Cause Car Accidents? Hydroplaning causes car accidents by not allowing the tires on the water cushion to grip onto the road. This means the driver has little to no control over maneuvering their vehicle. In bad weather conditions, the chance of car accidents increases measurably. What many people do not realize, however, is that even inclement weather in the form of light precipitation can result in dangerous conditions. What Weather Causes Hydroplaning? Standing water, such as puddles, can cause hydroplaning, but even light rain that mixes with oil residue and buildup on a wet road surface can create slippery road conditions that lead to car crashes. The first 10 minutes after a light rain begins is among the most dangerous time on the road. Vehicles that travel above 35 miles per hour can skid and hydroplane on such wet surfaces, creating deadly conditions for motorists. The right law firm can make all the difference in your case after a car accident resulting from hydroplaning. You may deserve compensation for your medical expenses, lost wages, pain and suffering, and other losses. The experienced personal injury attorneys at HawkLaw are ready to listen. Read our disclaimer, then contact us at 888-HAWKLAW or use our online contact form to talk with our team and ask about a free case evaluation*. How to Prevent a Hydroplaning Car Accident in South Carolina Basic safety procedures can help you avoid the dangers associated with wet conditions on the road. A few things you can do to help stay safe include the following. Check Your Tires Your vehicle’s tires have a great deal to do with the risk of hydroplaning. Double-check your tire pressure and tire tread before heading out on the roads. Overinflated or underinflated tires do not grip the road properly, which can lead to a hydroplaning accident. Drive Slowly Driving at high speeds is the single greatest factor in hydroplaning accidents. In poor road conditions, driving over 35 miles per hour vastly increases the risk of hydroplaning accidents. By the same token, avoid using cruise control. Cruise control reduces your ability to be in control at all times. Avoid Wet Roadways Avoid driving on wet roadways when possible. Hydroplaning only happens in situations where there is water on the road that creates a cushion between your tires and the surface. Avoiding wet roads is avoiding the potential to hydroplane. Steer Into the Fishtail When you begin to fishtail during hydroplaning, do not jerk the wheel in the opposite direction. Rather, turn the wheel into the skid. This will counteract your loss of control and improve your ability to regain the traction you need to stabilize. Do Not Slam on the Brakes Slamming on the brakes may be a reflex, but it can also worsen the problem. Instead of brake slamming, pump your brakes to allow the vehicle to slow without making the skid worse. Many vehicles these days have anti-lock brakes to avoid the dangers of brake slamming, but pumping your brakes is always the best practice. Stay Calm Hydroplaning is terrifying, but it is important to keep your wits about you. Take a deep breath, stay calm, and gently get off the road if you can. Even before you hydroplane, avoid getting stressed on dangerous roads. The more stressed out you are behind the wheel, the more likely you will make a critical mistake. Who is at Fault in a Hydroplaning Car Accident? Liability in a hydroplaning accident can vary based on many factors. Understanding what caused your accident can help your car accident attorney approach your case. The Driver South Carolina uses modified comparative negligence in determining fault for an accident. This means that if you hold any responsibility for the incident, your award can be reduced by a like amount. If you hold more than 50% responsibility, you may be barred from compensation at all. This is why it is so important to have an experienced car accident lawyer in your corner. The Government In some cases, you may be able to sue the South Carolina Department of Transportation (SCDOT) for the accident. The South Carolina Tort Claims Act covers these situations. Specifically, to sue the government, you must be able to prove that the state, its agencies, political subdivisions, other government entities, or employees acting within the scope of their official duties caused your losses and damages. If you can, for example, demonstrate that the bad conditions were due to poor road maintenance by the Department of Transportation, you may be able to make a case for compensation. However, suing the state or any government agency can be very tricky. If you think you have a hydroplaning accident injury case, it is important to seek representation from experienced personal injury attorneys. The Tire Manufacturer If your tires have design flaws that result in them not having the traction they should, you may have a case against the tire maker. Such situations fall under product liability laws and can be tricky to pursue. Some tires may be prone to blowouts. Others may simply have poor tread that wears much faster than it should. The tire manufacturer may be liable if your tires contributed to your car accident. It is important in these cases to get legal advice from an experienced car accident lawyer. Hydroplaning Accident Cases Are Complex. Call Us Today Many different factors can lead to a hydroplaning accident. While hydroplaning cases often fall on the driver, other factors beyond your control may also lead to a hydroplaning accident. If you were in an auto accident that was not your fault, you may be entitled to collect compensation for your injuries, property damages, pain and suffering, and other losses. The right auto accident attorney can help you stay within the right time frame for filing a case, take over negotiations with your insurance company, and fight for your right to compensation. At HawkLaw, we represent people like you daily and fight to hold the responsible parties accountable. We believe in an honest and open attorney-client relationship and will stand by your side every step of the way. Contact the personal injury lawyers at HawkLaw for legal advice, and ask about a free consultation.* Call our law firm at 888-HAWKLAW or fill out our easy online form to speak with a team member today. ### Is Infertility Linked to the Toxic Water at Camp Lejeune? For more than three decades, volatile organic compounds and other toxic chemicals leaked into the drinking water at the Marine Corps base Camp Lejeune in North Carolina. Because the military did not discover the water contamination until 1982, almost 1 million service members, civilian staff, and their family members were exposed to toxic water. These victims include many women who had plans to start or expand their family. Some of the chemicals found in the Camp Lejeune water contamination are associated with several health problems, including birth defects and female infertility. If you suspect your time at Camp Lejeune may have caused fertility issues, the personal injury lawyers at HawkLaw, P.A. may be able to help. If you are deciding whether to file a claim and are unsure of your eligibility, call our law firm for help with your Camp Lejeune water contamination claim. HawkLaw Fights to Win, and we are ready to fight for you. History of Camp Lejeune Water Contamination In 1982, the Marine Corps discovered the presence of dangerous volatile organic compounds (VOCs) in two of the Camp Lejeune base’s water treatment plants: Hadnot Point and Tarawa Terrace. The Tarawa Terrace treatment plant was primarily contaminated by perchloroethylene or tetrachloroethylene (PCE) in their system, the source of which was an off-base dry-cleaning company called ABC One-Hour Cleaners. The Hadnot Point treatment plant water supply, by comparison, was contaminated by trichloroethylene (TCE), but also had PCE, benzene, vinyl chloride, and some other products related to TCE degradation. The supply wells there suffered contaminated water from many sources, including underground storage tanks leaking into the groundwater, industrial spills in the area, and even contamination from waste disposal sites. The Agency for Toxic Substances and Disease Registry (ATSDR) used data modeling and analysis to estimate that the concentrations of toxic chemicals in the contaminated water far exceeded current EPA maximums and had for 346 months from November 1957 through February 1987. The wells with the most contaminated water were not shut down until 1985. The health effects linked to TCE, PCE, benzene, and vinyl chloride can be life-threatening, and these chemicals are hazards to public health. Infertility is only one of the dangers faced by victims of the Camp Lejeune water contamination crisis. TCE TCE, or trichloroethylene, is a common solvent and industrial degreaser. Evidence shows it causes kidney cancer, non-Hodgkin’s lymphoma, and cardiac defects. The EPA lists strong evidence that it may cause liver cancer, leukemia in adults, multiple myeloma, renal toxicity, scleroderma, and Parkinson’s disease. There is at least one study that indicates it may be related to everything from blocked nasal passages to eye defects, birth defects, fetal death, miscarriage, Hodgkin's disease, lung cancer, cervical cancer, breast cancer, esophageal cancer, ovarian cancer, prostate cancer, rectal cancer, neurological and neurobehavioral effects, and skin disorders. Benzene Benzene is a widely used chemical in making plastics, resins, nylons, synthetic fibers, lubricants, rubbers, drugs, pesticides, solvents, detergents, and other common products. According to EPA.gov, significant evidence exists to link it to leukemia and non-Hodgkin’s lymphoma. Sufficient evidence also links it to multiple myeloma, while at least one study also links benzene to aplastic anemia, myelodysplastic syndromes, and miscarriages. PCE Tetrachloroethylene or perchloroethylene (PCE) is a common dry-cleaning agent and metal degreaser. It is also often used to make other chemicals and can even be found in consumer products. The EPA.gov website states that significant evidence exists for PCE to cause bladder cancer. Further, sufficient evidence exists for the causation of non-Hodgkin’s lymphoma and end-stage renal disease. At least one study also indicates that elevated toxic exposure may cause the same effects as those found with TCE exposure, according to the ATSDR. Vinyl Chloride Vinyl chloride is a common chemical most often used to make PVC plastic and other vinyl products. It can also be produced during the making of these products. Chronic, long-term exposure to vinyl chloride has resulted in liver damage, many types of cancer, sexual dysfunction, birth defects, miscarriages, infertility, and other illnesses and health conditions. What Are the Long-Term Effects of Camp Lejeune Water Contamination? The long-term effects of toxic exposure to the contaminated drinking water at Camp Lejeune can carry a broad range of dangerous and even deadly health issues. A list of several presumptive conditions exists, and if you have one of the health effects on this list and lived at the camp for at least 30 days during the contamination period, you may be entitled to benefits, including health care as well as financial compensation through a lawsuit. These include: Adult leukemia Aplastic anemia and myelodysplastic syndromes Bladder cancer Cancers including kidney, liver, esophageal, breast, and lung Female infertility Hepatic steatosis Miscarriage Multiple myeloma Neurobehavioral conditions Non-Hodgkin’s lymphoma Parkinson’s disease Renal toxicity Scleroderma If you were exposed to the contaminated water at Camp Lejeune and developed one of these health conditions, contact HawkLaw at 888-HAWKLAW or through our online form to schedule a case review with one of our legal team today. You may be entitled to disability benefits and compensation through a Camp Lejeune lawsuit. How Did Camp Lejeune Water Contamination Affect Female Fertility? A study performed by the American Journal of Life Science Researches revealed that TCE exposure in mice significantly decreased their fertility. Further, the ATSDR released a comparative study of the health records of Camp Lejeune residents with those from another USMC base that did not have contaminated water and found that Camp Lejeune residents had abnormally high infertility rates as well as higher instances of miscarriage and birth defects, as the contaminated water harmed embryos in utero. Female infertility is one of the federal government’s presumptive conditions for benefits and compensation under the PACT Act and Camp Lejeune Justice Act. Infertile service members and their families who meet the eligibility conditions of living on the base at Camp Lejeune during the contamination period may be eligible for health care benefits from the Department of Veterans Affairs, and financial compensation. Who Is Eligible to File a Water Contamination Lawsuit? Veterans and their family members are eligible to file a water contamination lawsuit. If you are a woman who lived at Camp Lejeune between 1953 and 1987, and you experienced infertility while living on the base or had a miscarriage or an abnormal birth, you may be able to file a claim. What Compensation Can Victims With Fertility Issues Receive? You may be eligible for VA benefits and financial damages from a Camp Lejeune lawsuit. The specific benefits and damages you may recover include, but may not be limited to, the following. Medical Expenses The Camp Lejeune health care law allows veterans to enroll in VA health care and be covered by medical services for all presumptive conditions, including infertility, at no cost. Even copayments are covered for these conditions. Family members are eligible to have their out-of-pocket expenses for these covered conditions reimbursed. The VA will cover treatment costs that exceed any other health plan you have. Financial Compensation You may be able to collect disability benefits and file a lawsuit for additional damages. Similar to other personal injury lawsuits, you may be eligible for compensation to cover your medical bills, lost wages, potential loss of future earnings, retirement benefits, and other economic losses. You may also be able to sue for pain and suffering, the non-economic harm you suffer. This can include the emotional pain and trauma of losing a child or not being able to have one. It covers PTSD, loss of consortium, loss of companionship and comfort, loss of enjoyment of life, and other invisible injuries that are difficult to value. Your personal injury attorney will be able to help you determine the value of these non-economic damages. Proving Camp Lejeune Water Contamination Caused Fertility Issues Miscarriages or infertility are most likely to be covered if they occurred while you lived on base at Camp Lejeune. It is difficult to link miscarriage, infertility, and birth defects that occurred years later after you left the base to the contaminated water there. You will need to bring proof that you lived on the base and medical records showing your infertility, miscarriage, or abnormal birth during that time. This does not mean you cannot make a claim, however. You will just need to present proof that your fertility issues were caused by the water contamination to get the compensation you deserve. This is why it can be so important to have a qualified and experienced personal injury attorney in your corner. A lawyer can work doggedly to defend your rights and help you collect the evidence you need for a successful claim, including medical records, proof of living on base, and other important facts to back up your story. The studies linking TCE to infertility and showing that Camp Lejeune residents had an abnormally high rate of infertility can also be helpful. Other important documents include your marriage license if you are a family member of a veteran who lived on base, and any documents that may prove you lived on base, including utility bills, pay stubs, tax forms, and the like. You will need to gather proof of any ongoing medical expenses, lost income, any evidence of denied disability or VA benefits, and a death certificate if you lost your baby. Your attorney can help you review the evidence you have and suggest additional documentation. The more evidence you can gather, the better off you are when it comes to pursuing your Camp Lejeune lawsuit. Did Water Contamination Prevent You From Expanding Your Family? You Deserve Compensation Dealing with infertility can be stressful, emotionally exhausting, and even devastating for those looking to start a family. For some people, it even feels like a personal failure. If that sounds like you, you are not alone. If you and your loved one lived on the military base at Camp Lejeune between 1953 and 1987 and you suffered birth defects, infertility, or an abnormal birth, you deserve compensation for the negligence of the federal government. Injury attorneys are ready to help with your Camp Lejeune claim. You can get help filing paperwork, collecting evidence, and receiving guidance and legal advice. Call us at 888-HAWKLAW or use our easy online form to schedule your consultation with a member of our client engagement team today.   ### Does a Camp Lejeune Lawsuit Take Long to Settle? You have seen all the billboards and advertisements when you drive down any major highway in South Carolina. You have seen the television ads on all the stations. You may still wonder if pursuing a lawsuit over your time at the Navy and Marine Corps base Camp Lejeune and the harm you suffered from the Camp Lejeune toxic water is worth your time. If you are one of the estimated one million service members, family members, and staff affected by the contaminated water supply, filing a Camp Lejeune water contamination lawsuit is certainly worth it. Camp Lejeune cases are new, and attorneys and victims are just beginning the filing process for disability benefits and compensation from the Department of Veterans Affairs. While guidelines are in place to help the government review and settle these cases, the guidelines are not perfect. It is important to act soon and to seek help from a qualified lawyer to help you pursue and navigate the claims process. Understand that HawkLaw, P.A. cannot promise fast cash payouts or quick water contamination settlements. In fact, trustworthy attorneys should not promise fast turnaround in these cases, and when they do, it might be a red flag. At HawkLaw, our personal injury lawyers are well-versed in mass tort claims and class action lawsuits. The truth is these cases can take time, but they can also turn around significant financial compensation. HawkLaw Fights to Win. Let us help with your Camp Lejeune water contamination lawsuit. History Behind the Lawsuit at Camp Lejeune The contaminated water issues at the U.S. Marine Corps base Camp Lejeune in the Eastern District of North Carolina began in the 1950s but were not discovered until the early 1980s. Eight water treatment plants serviced the base. Two were contaminated by toxic chemicals known as volatile organic compounds (VOCs), which got into the drinking water. These were the Tarawa Terrace plant, which went online in 1952, and the Hadnot Point plant, which commenced operations in 1943. Tarawa Terrace The Agency for Toxic Substances and Disease Registry (ATSDR) discovered that the VOCs from Tarawa Terrace originated from off-base dry-cleaning operations. They included perchloroethylene or tetrachloroethylene (PCE), trichloroethylene (TCE), and vinyl chloride. Hadnot Point The ATSDR indicates the toxic water contamination scenario from Hadnot Point was more complex, with far more varied contaminants coming from more sources. The primary toxic chemicals, however, also included TCE, PCE, vinyl chloride, benzene, and other solvents and VOCs. The ATSDR used data modeling and historical reconstruction methods to trace the contaminated water supply and determine whether it persisted between 1953 and 1987. Camp Lejeune victims who lived on base for an extended period during that timeframe may be able to take advantage of new laws passed by the U.S. government to receive VA benefits, disability benefits, and financial compensation through Camp Lejeune water contamination claims. If you want more information about a Camp Lejeune water contamination settlement, the Camp Lejeune lawyers at HawkLaw can help. Contact our law firm at 888-HAWKLAW or use our online contact form to ask about a free consultation* today. The Impact of the Honoring Our PACT Act The full name of the Honoring our PACT Act is the Sergeant First Class Health Robinson Honoring Our Promise to Address Comprehensive Toxics. It was passed by Congress and signed into law by President Biden in August 2022. It is one of the largest expansions of VA and disability benefits and health care for veterans under the federal government in U.S. history. The PACT Act, which also encompasses the Camp Lejeune Justice Act (CLJA), expands and extends VA health care eligibility for veterans of the Vietnam, Gulf War, and post-9/11 eras and veterans with toxic exposures. The Act also adds over 20 presumptive conditions for Camp Lejeune victims for toxic exposure. It requires the Department of Veterans Affairs to provide toxic exposure screenings for every veteran enrolled in VA healthcare. The Act will, finally, improve research, education, and treatment for toxic exposures across the board. The short version is that thanks to the Honoring our PACT Act, exposure to the toxic water at Camp Lejeune may make you eligible for disability benefits and tort claims in federal court that can help you to recover significant financial compensation from a water contamination settlement. Who Qualifies for the Camp Lejeune Lawsuit? Any veteran who served military service at Camp Lejeune, North Carolina, as well as staff and family members who lived there for at least 30 straight days from August 1953 and December 1987 and who developed one of the presumptive health conditions on the list, may qualify for health care benefits and the ability to file a lawsuit for further compensation under the PACT Act and the Camp Lejeune Justice Act. The health conditions that may qualify you for a Camp Lejeune settlement include: Aplastic anemia Several types of cancer, including bladder cancer, breast cancer, kidney cancer, liver cancer, lung cancer, and esophageal cancer Infertility Leukemia Multiple myeloma Myelodysplastic syndromes Non-Hodgkin’s lymphoma Parkinson’s disease Miscarriage Hepatic steatosis Renal toxicity Scleroderma Neurobehavioral effects Not all of these are “presumptive conditions,” but all are conditions that can be traced to the various chemicals, solvents, and VOCs found in the Camp Lejeune drinking water. Some, however, may require a lawsuit to get compensation. Family loved ones of military personnel who have lived on base for 30 days may also be eligible for benefits and a lawsuit but must provide additional evidence to begin the claims process. First, you will have to provide documentation proving your relationship to the veteran who served at Camp Lejeune during that time. These can be adoption papers, birth certificates, marriage licenses, or other establishing documents. You must also show a document proving that you lived at the military base for a minimum of 30 days during the eligibility period. This document can be anything from base housing records to tax forms, military orders, or even utility bills. Next, you must have medical records showing that you have one of the qualifying medical conditions, including the date of diagnosis and documents showing that you are in treatment or were treated in the past. Finally, you will need evidence that you paid health care expenses for the claimed condition during the qualifying period. If you lived at Camp Lejeune between 1957 and 1987, you could be reimbursed for care you received on or after August 6, 2012, up to two years before your application. If you lived there between August 1, 1953 and the end of 1956, you could be reimbursed for medical bills between December 16, 2014, and two years before your application. Issues of birth defects have additional requirements that you must provide, including proof that the birth defects occurred while you lived on the base. Your Camp Lejeune lawyers can help you to gather the necessary evidence to support such a claim. If you need help with your claim, HawkLaw is ready to listen. Contact our law firm at 888-HAWKLAW or fill out our online form to ask about a free case evaluation* today. What Are Presumptive Conditions? Presumptive conditions are those medical conditions on an official list of health issues known to be directly related to the toxic water at Camp Lejeune. Patients who fulfill the residency requirements and are shown to have one of these specific conditions are more likely to resolve their case quickly because the conditions are outlined in the PACT Act and CLJA. Just because you do not have a presumptive condition, however, does not mean that you are ineligible to get compensated for your injury or health problems. Many diseases and health conditions have been traced to and associated with the various solvents and chemicals found in the drinking water at the base. These conditions will likely be eligible to seek compensation through a lawsuit. It may require more evidence and take a bit longer to resolve such cases. Contact an attorney if you have any major health concerns after living at the base for an extended time during the eligibility period. You will only know whether you are eligible to file a lawsuit after a case review, and it is always worth it to seek legal advice. How Do I File a Camp Lejeune Lawsuit? Filing a Camp Lejeune contaminated water case begins with filing an administrative claim with the Navy under the CLJA. You must file this claim before filing a personal injury lawsuit, and the process is similar to Federal Tort Claims Act claims. This claim will be accepted or denied within six months. After this process is complete, you can move on to file a civil suit in federal court. You must file your CLJA administrative claim with the Judge Advocate General (JAG) of the Navy Tort Claims Unit. The Department of Justice (DoJ) handles these claims under oversight. New claims use a special CLJA claim form which includes the important basic information required to establish eligibility: residency or employment for 30 days during the eligibility period and diagnosis with one of the presumptive medical conditions that can be linked to Camp Lejeune contaminated drinking water. You will also need documented evidence supporting these elements, as explained above. After your administrative case is resolved, the Camp Lejeune lawyers at HawkLaw can help you to move forward with a civil case if this is still necessary. Even during the initial process of filing your administrative claim, it may be a good idea to speak with an attorney to help the process go smoother. How Long Will the Camp Lejeune Lawsuit Take? South Carolina cases for Camp Lejeune settlements are only starting to show up in courts now, and the length of time a Camp Lejeune water contamination lawsuit will take can depend on a range of factors. If you filed through the VA, the disability claims process for claimants could take up to four months. Administrative claims with the JAG office have a deadline of six months. The timeline involves getting the claim to the VA, after which the claimant will be notified of receipt. You can file online or by mail. The VA then conducts an initial review and will likely request supporting documentation. They will then review the submitted evidence and determine if satisfactory evidence exists. They will then mail you a claim decision packet. The packet will include your Camp Lejeune settlement amount decision if the claim is approved. The strongest cases will be those whose victims have one of the clear presumptive conditions and those who lived or worked at the camp for more extended periods. Presumptive conditions directly linked to Camp Lejeune drinking water include: Parkinson’s disease Leukemia Bladder cancer Kidney cancer Multiple myeloma Aplastic anemia Non-Hodgkin’s lymphoma Cases called “second tier” include those not presumptively associated with the drinking water at Camp Lejeune. These diseases and health conditions may still be associated with contamination but simply are not on the list. They can include cancers like cervical cancer, prostate cancer, colon cancer, lung cancer, breast cancer, and ovarian cancer. These cases are likely the ones that will require a lawsuit to settle and could take much longer. Claimants can also file a personal injury lawsuit to gain additional compensation and may find that their case takes longer to resolve. Negotiations for tort claims can take some time and require patience, but plaintiffs can stand to gain significant compensation for their injuries. It is difficult to say just how long these lawsuits will take to resolve because the PACT Act and CLJA is still a new law, and attorneys are only now starting to pursue these cases. You will be entitled to cover all your medical bills from your VA benefits. In addition, a portion of your lost wages will be covered through disability benefits. Your settlement amount from a Camp Lejeune water contamination lawsuit, however, is not tied in any way to your benefits through the Veterans Administration, nor is your lawsuit limited in any way by your healthcare and VA benefits. Water contamination lawsuits are filed as personal injury cases. This means that you may be able to get compensated for the following: Medical bills, including your doctor’s visits, medication, diagnostics, procedures, therapy, transportation to and from appointments, and even necessary in-home care Lost wages and potential loss of future earnings, including the potential loss of retirement income Costs of necessary replacement services Physical pain and suffering Loss of consortium Loss of enjoyment of life Loss of comfort PTSD and emotional trauma Other non-economic damages Every case is unique, so there is no way to tell you how much your specific award might be. After reviewing your case, your Camp Lejeune lawyers can give you a better idea of how much to demand. For the most part, attorneys are making high demands because the courts will use your settlement demand as a cap for your case. If you ask for $500,000, and your case is worth $2 million, the judge will only award you $500,000. Since these lawsuits are only starting, it is almost impossible to provide a reasonable demand. Your personal injury lawyer from HawkLaw will listen to your case and determine what your disability and injury are worth. Only after a full review of your individual case can your attorney work out what it might be worth. That is why it is essential to get in touch with a qualified injury lawyer immediately. How Long Will It Take to Receive My Settlement? There is no hard and fast rule regarding how long it will take to recover your settlement for your water contamination claim. It will depend on several factors, the most important of which is how strong of a case you have. Even if you meet the VA criteria for a presumptive condition, that does not mean you will automatically receive a legal settlement in federal court. The process can take months or even years. Part of the problem is that it is currently unclear how the government will interpret the PACT Act and the CLJA. This can slow down the process. Some experts estimate that the soonest payments may arrive by mid-2024. Do I Need an Attorney to File a Camp Lejeune Claim? There is no law requiring you to have an attorney file any injury claim, be it a disability claim, an administrative claim under the CLJA, or a personal injury lawsuit. That being said, having legal representation in your corner is always a good idea. Water contamination settlements are unique and have their sort of complexities to deal with, and experienced injury attorneys are well-versed in the law and the processes to navigate. An attorney can help see that your paperwork is filled out properly and on time, and that you have the proper additional evidence and paperwork to support your claim. Your injury lawyer will also know how to use the right medical studies to back up your claim by linking chemical exposure to your medical condition if it is not on the presumptive conditions list. They can help you to avoid critical, costly, and time-sensitive errors, which can be easy to miss when dealing with legal complexities. If, for example, the VA denies your claim, it is not the end of the road. The new laws allow you to file a federal lawsuit, but without the right legal advice and help, you might not know the steps to take to make this happen. These claims, in addition, will likely become mass tort or class action cases, meaning they have their own special elements requiring specific legal knowledge. Such suits can be highly complex, and having guidance from an attorney will benefit you as you seek compensation, whether it is an individual or class action claim. Just as significantly, an attorney can help you to understand the value of your case, why it is worth what it is worth, and let you know if the offer you receive is low. They can stand up in your corner and fight for your rights when the government or insurance companies try to undervalue your case. A fast resolution is not always the best resolution. It can be challenging to have patience when suffering from one of these conditions. Still, persistence can result in higher payouts, and your attorney at HawkLaw will be by your side every step of the way, keeping you in the loop, listening to your feedback and concerns, and battling for every dollar you deserve. HawkLaw fights to win, and having an attorney in your corner will likely improve your chances of a significant settlement.* Time Is Limited to File a Lawsuit! It is vital to understand that if you were affected by the toxic water at Camp Lejeune, your window to file a lawsuit is very limited. The statute of limitations for these claims is two years from when the PACT Act and CLJA became law. President Biden signed the law on August 10, 2022, which means no claims can be filed after August 10, 2024. That may seem like a long time, but gathering sufficient evidence and filing claims takes months. Some of the documentation and medical records can go back decades, and it can take a dedicated legal team to dig up these records. Acting sooner is better. It is better to correct and expand an existing claim than it is to wait too long and have a claim denied outright because the statute of limitations passed. In addition, when settlement approvals roll in, those who filed first will likely be the first ones settled. Settling any injury case can take a long time, and Camp Lejeune cases may take as long as, if not longer, other cases because these cases have very specific legal requirements to follow. Having a compassionate attorney in your corner who is well-versed in these laws and the particular steps needed to fight for a successful resolution can make all the difference in the world. HawkLaw cares deeply for our clients, and we are here to help you fight to win your case. We should value the service and sacrifices made by our veterans, and if you have suffered due to your time at Camp Lejeune, someone should be by your side to remind everyone what you have done for your country and to remind everyone of the compensation you deserve. No amount of money can fix what has happened to you, but it can ease the burden of paying bills and help secure your family. You do not have to do this alone. Contact HawkLaw today at 888-HAWKLAW or by filling out our easy online contact form to schedule an appointment with a member of our legal team. ### Camp Lejeune Water Contamination Illnesses and Symptoms Finding out you have been diagnosed with any type of cancer can be a stressful and painful time for you and your loved ones. Knowing it could have been caused by water contamination and potentially years of exposure is heartbreaking and frustrating, especially when contaminated water pollution could have been prevented. Sadly, this occurred at the Camp Lejeune military base located near Jacksonville, North Carolina. This widespread and long-term exposure has potentially harmed countless people who worked or lived at the Camp Lejeune military base. In August 2022, the U.S. Senate passed the Camp Lejeune Justice Act of 2022, which empowers service members and other qualifying individuals who were injured by their exposure to water contamination to pursue damages for the harm they have suffered. Furthermore, the U.S. government is not permitted to assert “specified immunity from litigation” in response to any lawsuits filed against them relating to Camp Lejeune contamination. Finally, the numerous victims suffering serious health issues, such as leukemia, non-Hodgkin’s lymphoma, a variety of cancers, and other health conditions, can now get the health care they need through compensation via a Camp Lejeune water contamination lawsuit. The caring and passionate personal injury lawyers at HawkLaw, P.A. are ready to help you seek the compensation you deserve for your injuries or losses. Contact our law firm at 888-HAWKLAW as soon as possible for a free consultation or case evaluation.* How Did the Camp Lejeune Water Contamination Occur? Sadly, for decades, anyone living or working for more than 30 days at Camp Lejeune between August 1, 1953, and December 31, 1987, was exposed to the toxic contaminants. The problems were discovered in 1982 when the U.S. Marine Corps discovered specific volatile organic compounds (commonly referred to as VOCs) in high concentrations in some of the base’s drinking water sources. Here is what we know so far. Tarawa Terrace Water Treatment Plant The Tarawa Terrace Water Treatment Plant was contaminated due to the waste disposal practices of an off-base dry cleaners store called ABC One-Hour Cleaners. The most contaminated wells were shut down in February 1985. The contamination from Tarawa Terrace occurred for 336 months over the course of 30 years. Hadnot Point Water Treatment Plant The Hadnot Point Water Treatment Plant was contaminated mainly due to leaking storage tanks, industrial spills, and waste sites. The specific primary contaminant coming from this treatment plant was TCE (trichloroethylene), but there were others as well. Tragically, these contaminants can cause serious adverse impacts on the lives of the victims who are exposed to harmful chemicals when doing everyday things, ranging from drinking a glass of water to cooking meals to doing laundry. Imagine the heartbreak of experiencing severe negative health effects when doing something healthy for yourself, like drinking water. Volatile Organic Compounds Found at Camp Lejeune Studies found harmful VOCs in both of these two water treatment plants, which directly affected the water supply at Camp Lejeune. This means military members, family members living on base, contractors, government workers, and anyone else assigned routinely on base were exposed to toxic water. Tetrachloroethylene (Perchloroethylene) The tetrachloroethylene chemical is a solvent primarily used in the dry cleaning, textile processing, and metal cleaning processes. This toxic chemical appears in liquid form as colorless with a mild odor. Exposure to this chemical causes adverse reactions in people, and those working with it need to be extra careful. If people working with it need precautions, humans should certainly not be drinking it. Trichloroethylene (TCE) TCE is a degreasing solvent for metal that is used to make refrigerants and other hydrofluorocarbons. Other products it is used in include aerosol cleaning products, tool cleaners, cleaning wipes, paint removers, and carpet cleaners, to name a few. The chemical is both volatile and colorless and presents in liquid form. Dry cleaners actively use it as a spot remover and the U.S. military uses it to degrease equipment. This VOC does not occur naturally and can only be derived by chemical synthesis. When it is present in drinking water, it is incredibly harmful.  In fact, people who work with or near it are advised to wear protective gear to minimize exposure. Vinyl Chloride Vinyl chloride is a colorless gas used to make a variety of plastic products. It is only for commercial use and can only be produced in an industrial setting; it does not occur naturally. This chemical burns easily and is primarily created to make polyvinyl chloride (PVC), which is widely used in products such as pipes, cable coatings, wires, packaging materials, and more. This chemical exposure occurs through inhalation, but in water supply contamination, vinyl chloride enters household air when water turns into steam, such as showering, cooking, and laundry. Benzene Benzene is a highly flammable chemical primarily used to make other chemicals, along with some types of rubber and lubricant. It is either colorless or light yellow in liquid form when at room temperature.  It has a tendency to evaporate into the air quickly, but since its vapor is heavier than the air, it can sink into low-lying areas. When it lands on water, it mostly floats on top. It can be toxic when people are overexposed to this chemical’s presence. According to the Agency for Toxic Substances and Disease Registry (ATSDR), an organization heavily involved with pursuing this issue and providing data analysis, it is estimated the Tarawa Terrace Water Treatment Plant contamination created an excess presence, according to EPA standards, of PCE (perchloroethylene or tetrachloroethylene). The Hadnot Point Water Treatment Plant generated excess amounts of TCE, and other contaminants, including “PCE and benzene and TCE degradation products trans-1,2-DCE (t-1,2-dichloroethylene) and vinyl chloride.” At least one of these VOCs exceeded the current EPA maximum contaminant level permitted in drinking water between August 1953 and January 1985. What Are the Symptoms of Camp Lejeune Water Contamination? TCE A known carcinogen, too much exposure to TCE can cause dizziness, nausea, sleepiness, headaches, confusion, liver damage, or death. It is also irritating to your eyes and skin. PCE The U.S. Environmental Protection Agency (EPA) classifies PCE as a likely human carcinogen. When people are exposed to PCE, it can harm their nervous system and impact visual memory and processing. It can also increase the risk of getting cancer and liver/kidney damage. Victims also suffer headaches and may struggle with muscle coordination. Benzene Exposure to benzene can cause harm to unborn children, as well as dizziness, drowsiness, increased heartbeat, vomiting, headaches, confusion, excessive bleeding, and death (at very high levels). Consuming benzene can cause vomiting, stomach irritation, and convulsions, along with the symptoms related to general exposure. Cancer is also unfortunately a common effect. Exposure can also affect bone marrow. Vinyl Chloride People who suffer from vinyl chloride exposure can experience dizziness, headaches, decreased fertility or infertility, developmental issues, kidney problems, and tingling in the arms/legs. Problems associated with short-term exposure include irritation of the nose, throat, eyes, and lungs. Long-term exposure to vinyl chloride can increase the risk for various cancers, such as liver, brain, lung, leukemia, and lymphoma. Presumptive Conditions Caused by the Water Contamination at Camp Lejeune? The ATSDR is studying a number of conditions that are believed to be connected to the contamination at Camp Lejeune. Individuals who have been afflicted with the following illnesses and meet the criteria of spending at least 30 days at Camp Lejeune between 1953 and 1987 are automatically assumed by the VA that these sicknesses were caused by the toxic water present during this timeframe. Bladder Cancer Bladder cancer is frequently linked to PCE and, while treatable, has a high recurrence rate. People who have been diagnosed with bladder cancer need ongoing monitoring and probable additional treatment. Symptoms of bladder cancer include frequent urination, painful urination, blood in urine, and back pain. Lung Cancer The chemicals found in Camp Lejeune are linked to lung cancer. Symptoms often include the coughing up of blood, a persistent cough, chest pain, shortness of breath, unexplained weight loss, bone pain, hoarseness, and even headaches. Adult Leukemia This type of cancer affects the human body’s blood-forming tissues and does include the lymphatic system and bone marrow. Symptoms of adult leukemia include: Consistent fatigue Persistent weakness Fever and chills Unexplained weight loss Easy bleeding or bruising; reoccurring nosebleeds Frequent infections Swollen lymph nodes Petechiae (small pin-sized spots on the skin) Heavy sweating Bone pain/tenderness A combination of these symptoms may indicate the presence of leukemia in a victim’s body. Aplastic Anemia Aplastic Anemia is part of a group of disorders known as myelodysplastic syndromes (MDS). This degenerative condition causes shortness of breath, fatigue, paleness, petechiae, frequent infections, and easy bruising and bleeding. Breast Cancer Cancer in the breasts mostly occurs in women, but men can also develop the disease. Symptoms of breast cancer include changes in size, shape, or appearance of one or both breasts, lumps or thickening in breast tissues, peeling or flaking or other changes in the areola or skin, newly inverted nipple, redness or pitting of skin, and any changes in the skin over the breast, including dimpling. Kidney Cancer Cells in the kidney that have mutated often turn cancerous, and TCE is strongly linked to this form of cancer. Symptoms of kidney cancer include fatigue, back pain that does not go away, loss of appetite, unexplained weight loss, and blood in the urine. Liver Cancer Liver cancer has been increasingly linked to TCE exposure. Victims with this type of cancer often experience a loss of appetite, nausea, vomiting, fatigue, weakness, upper abdominal pain, swelling in the abdomen, jaundice, and white chalky stools. Non-Hodgkin’s Lymphoma This form of cancer attacks the body’s immune system (known as the lymphatic system) and can be quick-spreading. Often the cancer starts in the lymph nodes, but then can rapidly spread to adenoids, spleen, tonsils, thymus, and bone marrow. Common symptoms of non-Hodgkin’s lymphoma include abdominal pain, abdominal swelling, chest pain, coughing, difficulty breathing, fever, night sweats, persistent fatigue, unexplained weight loss, and swollen lymph nodes (usually in the neck, armpits, and groin). Renal Toxicity If a person’s kidneys lose their ability to filter toxins and chemicals that have entered the blood, unsafe levels may accumulate and rapidly spread through the renal system if not promptly addressed with proper treatment. Symptoms of renal toxicity include fluid retention, swelling in extremities such as feet, legs, and ankles, fatigue, shortness of breath, irregular heartbeat, chest pain, pressure in the chest, confusion, and seizures. In extreme cases, a victim may fall into a coma. Esophageal Cancer This cancer occurs in the long, narrow passageway that connects a person’s throat to their stomach. When the esophagus’ tissue turns cancerous, victims may experience trouble swallowing, chest pain, pressure in the chest, coughing, unexplained weight loss, burning sensations in the chest, heartburn or indigestion that does not get relief, and hoarseness. Parkinson’s Disease Parkinson’s disease is recognized by a loss of motor control that worsens as time passes. As a progressive nerve disorder, the body’s neurons slowly break down over time, and its ability to produce dopamine is affected. Symptoms of Parkinson’s disease include slowed movement, tremors, difficulty with balance and posture, changes in speech, changes in writing, and rigid muscles. It is also common for people with Parkinson’s to begin to lose their automatic movements as they cannot control them any longer. Multiple Myeloma This cancer forms in a person’s plasma cells which directly affects their white blood cells, hindering their ability to fight infections. Unfortunately, multiple myeloma cells reproduce rapidly and can overwhelm healthy cells. People suffering from multiple myeloma may experience: Nausea Loss of appetite Frequent infections Feelings of fogginess or confusion Fatigue Unexplained weight loss Bone pain Weakness in legs Numbness in legs Often attributed to exposure to PCE, individuals suffering from multiple myeloma also experience excessive thirst. Neurobehavioral Effects Exposure to harmful chemicals can also have neurobehavioral effects on a person who came into close contact with the types of toxins found at Camp Lejeune. This healthcare classification is for ailments that directly impact the body’s nervous system and human behavior. Symptoms include dementia, difficulty with concentration, poor memory, insomnia, fatigue, PTSD, and motor problems. As the study continues, it is possible other health problems will emerge as a common suffering across the thousands of Camp Lejeune water contamination victims, such as scleroderma, hepatic steatosis, birth defects, myelodysplastic syndromes, and other health problems affecting the body, its blood cells, tissues, and organs. Even with additions that have not been fully identified, the list is far from exhaustive. If you or a family member spent time at Camp Lejeune and meet the eligibility factors, you should speak to a knowledgeable attorney right away. As the study progresses, more and more diseases are likely to be discovered with links to chemical exposure. You only have until August 10, 2024, to bring forth a claim, so you should contact a lawyer right away if you suspect you qualify for compensation. What Is the Camp Lejeune Cancer Rate? The ATSDR began a study in 2018 to examine the cancer rate in individuals who were stationed or working in Camp Lejeune during the time of contaminated water. It is important to keep in mind, this complex study has yet to be completed and is expected to take about five years due to the widespread potential contamination and the huge number of potential victims of exposure to hazardous chemicals. What Are the Symptoms of Neurobehavioral Effects? The phrase “neurobehavioral effects” is specific terminology that relates to the relationship between the nervous system’s ability to function and behaviors that emerge due to deficits in this symbiotic relationship. Victims who experienced long-term exposure to the chemicals found in the Camp Lejeune treatment water system and in the water supply may have developed problems with their nervous system. Symptoms include headaches, coordination issues, motor function, reaction time, trouble concentrating, problems with paying attention, and contrast sensitivity. Individuals suffering from the neurobehavioral effects associated with chemical exposure may also struggle with learning and behavioral disorders. How Much Is the Compensation for Camp Lejeune Water Contamination? Since this act was just signed in August 2022 by Congress, at this time there are no previous verdicts to use as a baseline to try to ascertain settlement amounts. How much compensation each victim receives is likely to vary and will be dependent on exposure and how it has affected them. However, there is substantial evidence to suggest a great number of people have suffered unexplained health issues over the last several decades. Should I Hire an Attorney for My Water Contamination Lawsuit? Working with an attorney for any personal injury lawsuit is in your best interest. You want a knowledgeable professional at your side who will fight for you and what you need. The attorneys at HawkLaw want what is in your best interest and will aggressively advocate for your rights and needs. As highly experienced personal injury lawyers, the HawkLaw team knows the legal process well and will work hard on your water contamination lawsuit. Your attorney can carefully examine your medical records, review your settlement for fairness, and determine what you are eligible to pursue in terms of disability benefits, disability compensation, VA disability benefits from the Department of Veterans Affairs, and more. Time is Running Out to File a Water Contamination Lawsuit! If you or a loved one lived, worked, or were otherwise stationed for military service at Camp Lejeune between August 1, 1953, and December 31, 1987, for more than 30 days, you may be eligible for compensation due to the unacceptable and dangerous exposure you may have suffered. HawkLaw is a law office that has experience in all types of personal injury cases. Our legal team is here to you to support you. Contact us today at 888-HAWKLAW or fill out our convenient online contact form. Our personal injury attorneys will examine the details of your case and ascertain your eligibility. You deserve a voice in the massive wrongs done to so many people over the years. HawkLaw fights to win. We will not be intimidated by the federal government and will stand with you every step of the way as we work hard to get you the compensation you deserve. ### If I File a Camp Lejeune Lawsuit Will I Lose VA Benefits? According to some estimates, the number of people affected by the contaminated water at Camp Lejeune may be up to one million people. Are you one of those million people affected by the toxic water? Are you already getting VA benefits from the symptoms associated with exposure to contaminated water? If you are in this position, you may wonder if you can be involved with the Camp Lejeune lawsuit and how that will affect your VA benefits. Can you be a part of the Camp Lejeune lawsuits without compromising your VA benefits? Maybe. Investigating whether you qualify for benefits and how you can participate in the lawsuits can be extremely draining and time-consuming. You may not want to work through this process on your own — and you don’t have to. The experienced South Carolina Camp Lejeune claims attorneys at HawkLaw, P.A. can work on your behalf. A seasoned law firm can explain your rights, negotiate for you, and litigate as necessary. What Is the Purpose of VA Disability Benefits? VA benefits provide a wide range of benefits for veterans. They are administered by the U.S. Department of Veterans Affairs. VA disability benefits compensate veterans who have been disabled due to active military service. These benefits apply to disabilities, diseases, or injuries directly related to their service. VA disability benefits are monthly payments directly to veterans. The veteran’s family (surviving spouse, dependent children, and dependent parents) can also receive benefits if the veteran is killed during military service or due to a service-connected injury or disability. Also, a few “additional” benefits might be available under special circumstances, such as when someone needs more help. In some cases, assistance with hospitalization, clothing allowance, automobile allowance, and more might be available. VA benefits also generally provide reimbursement or free and reduced health care costs as well. VA Benefits and Your Disability Rating The value of VA benefits is based on your specific medical condition and your disability rating. Your disability rating varies by the severity of your condition. Disability ratings increase the more severe the disabling condition. Working with VA Benefits Unlike other forms of compensation (like Social Security Disability benefits), VA benefits are not based on whether you can work. Instead, there are no restrictions on working while receiving VA benefits. This is true even if you have a 100% disability rating. The only exception to this general rule is if you receive benefits through the Total Disability plan that is based on Individual Unemployability (TDIU). Does the Camp Lejeune Lawsuit Affect VA Disability? President Biden signed the Honoring Our Promise to Address Comprehensive Toxics Act of 2022 (PACT Act) on August 10, 2022, following approval of the law from Congress. The PACT Act also includes the Camp Lejeune Justice Act of 2022 (Justice Act). The Justice Act allows those exposed to the contaminated water at the Camp Lejeune Marine Corps Base to file a lawsuit against the United States to recover for the injuries caused by toxic water. The Justice Act and the PACT Act will not affect any person with VA disability benefits. However, the payments might offset the total amount of compensation that those veterans receive from their Camp Lejeune lawsuit. In fact, any benefits you receive might affect compensation, including those payments from VA disability Medicare Medicaid Ultimately, the U.S. government wants to be sure victims do not get double recovery. Compensation from a Camp Lejeune lawsuit should not result in two benefit payments for vets. Each benefit source may be considered when determining the total payment for your lawsuit. Nonetheless, having these benefits does not completely prohibit anyone from filing a lawsuit based on contaminated water from Camp Lejeune. It also does not affect the veteran’s continued ability to receive payments. Notably, because VA disability benefits are not based on income, your income should not be a factor, regardless of how you obtained it. How Much Will I Lose Due to Having VA Benefits When Filing a Camp Lejeune Lawsuit? The PACT Act includes a specific provision that states that any compensation received for a Camp Lejeune lawsuit must be offset by any disability award, payment, or benefit from the VA, Medicare, and Medicaid. However, it is unclear exactly how the offset works. While the wording indicates that the offset might be “dollar for dollar,” a few other methods might also apply. For instance, if a veteran has received benefits since 1990 for a disability that may have been caused by the contaminated water at Camp Lejeune, does it still make sense to do a dollar-for-dollar offset today, over 30 years later? Maybe not. It is unclear whether this timeline matters in these cases. In addition, it appears that the VA benefits you receive must be due to the health condition you developed because of living or working at Camp Lejeune. For instance, if you receive VA disability benefits to address hearing loss from active duty, it is unlikely that the offset will apply. Essentially, the offset kicks in if you receive benefits for the same service-connected disability that the toxic exposure at Camp Lejeune caused. Family members can also file a claim on behalf of their deceased loved one if they believe their loved one’s passing resulted from exposure at Camp Lejeune. However, at this point, it is unclear how the offset will work (if it applies) when loved ones file these legal actions. The bottom line is that you can still file a Camp Lejeune lawsuit if you receive VA disability benefits, Medicare, or Medicaid for the same condition. However, your total amount of indemnity compensation might be reduced because of those benefits — the exact calculation or process is uncertain at this time. Can My VA Benefits Be Taken Away? Your Camp Lejeune lawsuit should not affect the amount of VA disability benefits you receive if you have already been awarded these benefits. However, there are other circumstances where veterans can lose their VA benefits. Incarceration VA disability benefits can be reduced if a veteran is convicted of a felony that results in being in prison for more than 60 days. For those with a disability rating of 20 percent or more, it will be reduced to 10 percent. For those with a 10 percent disability rating, it will be reduced to half (five percent). Once the veteran is released from prison, full benefits may be reinstated, but reinstatement will vary based on the severity of the disability. Benefits are not reduced for veterans living in halfway houses, working in work release programs, or under community control. Pension benefits will terminate after the 61st day of imprisonment, and veterans can lose their pension benefits entirely if they fail to notify the VA of their incarceration. VA Benefit Reduction Protections In most cases, benefits will be reduced rather than terminated. However, many disability ratings receive protections, so they cannot be reduced unless there is fraud or other serious circumstances. For instance, if you have had the same rating for five years or more, the VA cannot reduce your rating unless your condition improves in a way that is “more than temporary.” If you have the same rating for 20 years or more, the VA cannot reduce the rating unless they find the original rating was obtained by fraud. Suppose you have received disability compensation for ten years or longer (regardless of the rating). In that case, the VA cannot terminate benefits entirely unless you obtained the benefits because of fraud or the VA made a “clear and unmistakable error” in granting you benefits. This “unmistakable error” is a significant mistake — such as if you were dishonorably discharged or did not meet the minimum service requirements to qualify for benefits. If you started receiving disability benefits for the first time recently, it is more likely that your VA benefits will be reduced. However, an experienced attorney can help you address any issues with denials received from the Secretary of Veterans Affairs. Which Conditions Might Be Reimbursed by the Camp Lejeune Lawsuit? If you served and had contact with contaminants in the drinking water at Marine Corps Base Camp Lejeune or Marine Corps Air Station (MCAS) New River in North Carolina, you might qualify for medical benefits if you developed certain medical conditions. A few “presumptive conditions” are built into the laws that address eligibility for benefits following exposure to the toxic water at Camp Lejeune. That is, if you have any of the following medical conditions and served during the specific period at Camp Lejeune, the federal government classifies the following conditions as having a presumptive service connection. Adult leukemia Aplastic anemia (and any other myelodysplastic syndrome) Bladder cancer Kidney cancer Multiple myeloma Liver cancer Non-Hodgkin’s lymphoma Parkinson’s disease The relevant period is between August 1953 and December 1987. You must have served or lived there for at least 30 cumulative days (not consecutive days). Family members who have certain conditions might also qualify for veterans benefits. In addition to the above list, other potential medical conditions include: Breast cancer Esophageal cancer Female infertility Hepatic steatosis Lung cancer Miscarriage Neurobehavioral effects Renal toxicity Scleroderma Birth defects While these conditions are not “presumed,” there may still be a connection between these medical conditions and the toxic water exposure at Camp Lejeune. Will an Attorney Improve My Chances of Compensation? If you already have VA benefits and are considering your options for compensation after exposure to toxic water at Camp Lejeune, talk to a personal injury attorney. They can help you work through the process, including asserting a tort action, gathering medical records, providing practical legal advice, and so much more. The legal team at HawkLaw can review your situation and help you assert a disability claim, even if you already receive VA benefits. While it is not required that you hire an attorney to file a Camp Lejeune water contamination claim, having legal representation in personal injury cases most often grants higher compensation and less stress for claimants.* Don’t Accidently Terminate Your VA Benefits! You only get one chance to assert benefits for a Camp Lejeune lawsuit. The process is complicated, and it is easy to make a mistake. However, making a mistake may mean accidentally waving your rights or decreasing your benefits. An experienced attorney can walk you through the process and use their meticulous eye for detail to protect your rights and assert your claim. Contact HawkLaw by calling 888.HAWK.LAW or using the online contact form to request a free consultation. ### Common on the Job Injuries Workers Sustain in South Carolina Workplace injuries are more common than people think. They happen every day all over the country. In South Carolina, a total of 2.1 employer-related injuries occurred per 100 workers in 2020, according to the Bureau of Labor Statistics (BLS). Over half of those injuries happened in the trades: transportation industry, utility workers, education, or health services. Workers’ compensation insurance exists to cover your medical expenses, and part of your lost wages help you make ends meet when you are hurt on the job. Still, all too often, the insurance company denies workers compensation claims. At HawkLaw, P.A., we have experience helping injured workers pursue workers’ comp claims for all types of workers’ compensation injuries. Contact us at 888.HAWK.LAW or use our online contact form to request a consultation today. What Are Common Workplace Accidents in South Carolina? The BLS cites transportation accidents, falling objects, heavy equipment use, slip and fall or tripping, and exposure to harmful substances as the most common types of workplace accidents in South Carolina. Let’s review each type of work accident in more detail. Transportation Incidents Transportation incidents refer to car accidents while you are en route to meet a client, transporting goods for your company, or other accidents related to using motor vehicles on the job. It is important to note that accidents commuting to and from work are not eligible for workers’ comp claims in South Carolina. Contact With Objects and Equipment Contact with objects and equipment is a broad category. Heavy equipment accidents can cover everything from elevator incidents to equipment malfunctions, electrical accidents, forklift accidents in warehouses, and any situation involving the use, failure of, or accident involving machinery and gear. Contact with objects can be tools falling from scaffolding on a job site, tripping over a carelessly placed bucket, falling ladders, and other issues involving objects. Slips, Falls, and Trips According to the BLS, slip and fall accidents account for around 35% of all workplace accidents. They are common in every workplace, from construction sites to office jobs. Many happen in places like hospitals, restaurants, and the like where heavy foot traffic occurs all the time. Even a desk job can see workers slip and fall while walking to the photocopier or bathroom and suffer serious injuries. Exposure to Harmful Substances Exposure to harmful substances happens most often on industrial and chemical sites such as mining and the oil industry. Still, construction also sees its share of toxic chemical and substance exposure. Even regular desk jobs can see issues like asbestos exposure in old buildings, which can result in severe health conditions and illness, even death. What Types of Injuries Are Covered in South Carolina? South Carolina’s workers’ compensation laws state that any injury or illness you contract during the scope of your normal employment is covered by a workers’ compensation claim. Workers’ compensation insurance is a no-fault form of coverage. This means that it does not matter whose fault it was; if the accident happened while you were doing your routine work, your injury claims should be covered. The insurance company might deny your claim if the incident occurred outside of your regular work duties. For example, if you trip and fall while walking to the bathroom, you are performing an everyday activity during your workday, so you should be covered. If you get into a fight with a coworker and someone gets injured, it is not covered. Likewise, your daily commute occurs before and after work, not during work, so car accidents on your way to work are not covered. On the other hand, a car accident during the workday as you travel to a client’s office for a meeting would be covered. Falling off scaffolding is covered unless, for example, you violated clear safety protocols that would have prevented the fall. What Are the Five Most Common Injuries in a Workplace? According to Employers.com, the five most common injuries in the workplace include cuts and scrapes, bruises, burns, fractures, broken bones, and sprains or strains. Many types of injuries, however, occur in the workplace every day. Cuts, Scrapes, and Punctures Cuts and scrapes, called lacerations, can occur in almost any industry. They are most common in machine shops, manufacturing, restaurants, and food production. They generally happen when injured workers fail to wear proper safety gear, rush to finish a job, or need to pay attention. Punctures occur when a sharp object pierces the skin. Bruises Bruises are also called contusions. They are the sore, discolored marks that occur when blood vessels break under your skin. They usually happen when you or a coworker drops something or the injured employee stumbles into an object they did not see. They can also occur, however, due to machinery failure or any other incident where heavy, blunt objects strike injured workers. Burns Burns can be caused by open flame, electricity, steam, exposure to radiation, acids and other chemicals, and even prolonged exposure to sunlight. Burn injuries are most common in restaurants but also occur in the manufacturing and production sectors, where acids, bases, and heat sources are part of the daily process. At regular office jobs, they can occur when an employee heats their lunch too hot or spills coffee on themselves. Burns can occur internally from inhaling chemical fumes, steam, or smoke and can be severe medical conditions. Fractures and Broken Bones Fractures and broken bones occur from overuse or force trauma. They occur most of the time in manual labor positions and can result from heavy equipment accidents or falls. They can happen just about anywhere, and a simple fall can result in severe personal injury. Almost any broken bone or fracture results in impairment for a minimum of several weeks. Sprains and Strains Sprains occur when you tear or stretch your ligaments, while strains result from stretching or pulling muscles. They often happen in the workplace due to improper ergonomics or poor lifting methods. A trip and fall accident can also result in a sprain or strain; however, in some situations, simply twisting wrong as you get up from your chair can cause such an injury. Other Types of Injuries While the above are the most common types of injuries that may result in workers’ compensation benefits, many different varieties of injuries occur every day, which can result in serious injuries. Just a few of the types of injuries that may result in eligibility for workers’ compensation coverage include: Eye injuries Hearing loss Traumatic brain injury Mental health issues Amputation Hernia Organ damage Repetitive motion injuries like carpal tunnel Injured at Work? Here’s What to Do in South Carolina If you are injured at work in South Carolina, you should take several specific steps to give yourself the best shot at workers’ compensation coverage. These steps are as follows. Report the Injury In our state, you have 90 days to report your injury to your employer. Reporting sooner, however, is always better, according to the Occupational Safety and Health Administration (OSHA). Making a report right away accomplishes two critical things. First, it enables you to give the details of the incident while they are fresh in your mind. Second, it shows that you take the injury seriously right from the start. Obtain Medical Care Get medical care immediately, especially if it is a serious injury. Your employer can select the doctor who will provide medical treatment under current South Carolina law. They may give you a list of physicians in their medical provider network, and you should choose a treating physician from that list if they do. You always have the right to see your own doctor, but your workers’ compensation claim may not cover it unless your doctor is within your employer’s medical provider network. Hire a South Carolina Workers’ Compensation Lawyer The right workers’ compensation attorney can help you to obtain workers’ compensation benefits to cover your health care costs and part of your lost wages. Your lawyer can help to deal with issues from temporary disability benefits for temporary total disability (TTD) to temporary partial (TPD) or even permanent disability benefits. They can help you understand the difference between TTD and TPD, and how permanent and temporary or total and partial disability differ. The right lawyer can also help you fight back against insurance adjusters who intend to deny your claim. They can help dependents seek death benefits for the loss of a loved one due to a fatal workplace accident. An experienced attorney from HawkLaw may even be able to provide resources for things like accessibility needs as you struggle to get your life back again. HawkLaw Fights to Win, but we are also a compassionate, knowledgeable ally when you need one in your corner. How to Prevent Workplace Injuries in South Carolina Safety is paramount in preventing workplace injuries in South Carolina. You must understand where dangers lie and practice the safety procedures to keep yourself and your coworkers safe from workplace injuries. Understand the Hazards in Your Workplace Be aware at all times of what is around you. Pay attention to those things that might present dangers, from heavy equipment to spills, precariously balanced items, or carelessly-left objects in common walkways. Keep an eye out for ways to eliminate or reduce these hazards. Uphold Safety Standards Know the safety standards for your workplace and be an example. Be sure that you always act in accordance with safety rules and regulations, and advocate for your fellow employees to do so as well. Always Wear Safety Gear Part of upholding safety standards is wearing the proper personal protective equipment. If you are on scaffolding, wear your harness. When on a construction site, wear your safety goggles and hard hat. Wear suitable protective gloves in a manufacturing line. Be sure your hazard suit is sealed when working with chemicals. Always ensure that you are protected and watch for employees who might be in danger. Communicate Safety Hazards Communication is key to keeping everyone safe. Report any violations of safety standards or risks that you spot. Suggest to your employer ways to make the space safer. Be involved in safety planning and exemplify safe behavior to everyone around you. Get Compensated for Your Work-Related Injury If you are injured on the job, you have rights. Workers’ compensation exists to cover your medical bills and a portion of your lost wages so you can work to get well again. It also provides survivor’s benefits to those left behind after a fatal accident. Getting these benefits, however, can require help from an experienced South Carolina workers’ compensation attorney. HawkLaw Fights to Win! Contact our law firm at 888.HAWK.LAW or use our online contact form to schedule your consultation today. Check out our disclaimer, and ask if you are eligible for a free case review.*   ### If I Am Receiving Workers’ Comp Can I Quit My Job? Getting injured at work can be a very frightening experience, and working through the workers’ compensation process can be extremely frustrating. Even if you are getting regular benefits, the period you need to wait to return to work can be a challenging time. Suffering from a work injury can feel like you have put your whole life on hold while you collect benefits. In some serious cases, you may not be able to return to the job you held before the injury. In those situations, quitting your current job and moving on may come to mind — but is that a good idea? Is quitting while on work comp really an option? Maybe not. If you have been injured and you are receiving workers’ compensation benefits, talk to the South Carolina workers’ compensation attorneys at HawkLaw, P.A. before quitting so you fully understand what could happen to your benefits. What Happens to Workers’ Comp Benefits When You Quit in South Carolina? Whether you receive benefits for workers’ compensation does not directly tie back to whether you continue employment with that particular employer. There are plenty of situations where the employee should still get workers’ comp benefits even if they decide to quit the job where they were injured. However, benefits will not continue in every case. Resigning could halt benefits in some situations. Healing Period Benefits and Light Duty Work When a doctor has determined you cannot work, you may receive weekly temporary disability. In South Carolina, temporary disability is also known as healing period benefits or temporary total disability. These payments are designed to compensate you for the wages you have lost for being physically or mentally unable to work. However, in some situations, you might not be able to go back to your normal job, but you could do some work. Perhaps your doctor gave you a restriction about how much weight you can lift or how long you can stand in one place. Your employer might ask you to do “light duty” work in those cases. This work is outside your normal job or employment status but follows your doctor's restrictions. If your employer offers you light-duty work, your total disability benefits will stop. However, you will earn your normal hourly wages instead. If the light duty work does not involve as many hours as you were working previously, you will often receive temporary partial disability benefits (TPD or lost wage benefits). TPD will cover the portion of your wages (up to about two-thirds of your pre-injury wages) that light duty does not cover. If you refuse to do light duty work, that can be a basis to stop workers’ compensation benefits. That is, if you quit your job while the employer offers you a light-duty job, that can affect your eligibility to receive benefits. Quitting to Pursue Another Career Path Quitting your job can be very tempting when you realize you cannot return to your field of work because of your job injury. However, keep in mind that an employer can offer you light-duty work at any time. If your employer offers you light-duty work when you try to quit, that could be grounds to stop benefits — even if you know you need to go into another line of work because of the work injury. While workers’ compensation benefits might follow you to your next employment, your prior employer could “suddenly open” a light-duty job as soon as you leave, giving your employer an excuse to stop benefits. In general, it is a good idea to talk to a workers’ compensation attorney about the unique facts of your case before you quit your job. Do not put your benefits at risk simply because you are impatient or do not understand the process. Get legal advice from an experienced attorney before doing anything rash. What Benefits Are You Receiving from SC Workers’ Comp? The type of benefits you are getting will sometimes dictate whether quitting will matter in your situation. For instance, permanent partial disability (PPD) is not dependent on whether you quit at all, but lost wage benefits (TTD) might be affected. Medical Benefits In South Carolina, employers (or their insurance companies) are required to pay for any medical care that arises from a work accident. They cover all medical expenses. Many times the injured employee does not even see the medical bills. Medical care can include both physical and mental health care. Physical medical care could include: Surgeries General follow-up care Emergency treatment Physical therapy Mental health disorders might include things like: Depression Anxiety Acute stress disorder Post-traumatic stress disorder (PTSD) Workers’ comp may not automatically provide mental health care. Instead, you may need help from a workers’ comp lawyer to get the medical care you need. Lost Wages One of the major goals of workers’ compensation benefits is to provide workers with wages while they recover from a work injury. Lost wage benefits are often called temporary total disability benefits (TTD) or temporary partial disability benefits (TPD). These wage replacement benefits are the benefits that are most at risk if you decide to quit your job while receiving benefits. These wage loss benefits should continue until a doctor releases you to go back to work. As a result, if you quit, those rights might get cut off if you decline to return to work on full or light duty. Permanent Partial Disability Permanent partial disability benefits (PPD) are benefits designed to compensate you for any permanent loss of function you must suffer because of a workplace injury. These benefits are based on a doctor’s evaluation of your function after reaching maximum medical improvement or MMI. An injured worker may not have returned to their pre-injury self after reaching MMI, but they have recovered as much as possible under the circumstances. For example, imagine you suffered a shoulder injury while lifting a heavy object at work. You tore your rotator cuff, and it required surgery to repair. You go through the surgery, required physical therapy, follow-up appointments, and other medical treatment. By the time you have finished, your doctor determines that your function is as good as it will get — you have reached MMI. However, your doctor also determined that you should not lift heavy objects above your head because of the surgery. PPD compensates you for the loss of this ability. The doctor will calculate your impairment rating (expressed as a percentage), and then the workers’ compensation system uses use that percentage to determine your total loss of function. Your loss of function then determines the amount of PPD benefits you can receive. Further, PPD is also based on your average weekly wage before the accident. PPD differs from permanent total disability benefits (PTD) because PPD is for a partial disability, but PTD is for a complete disability. PTD benefits apply when you no longer work at all because of a work-related injury, regardless of whether it is for your former employer. In these cases, the injured worker (called the claimant under workers’ compensation law) often cannot get unemployment benefits either, so they rely heavily on these disability payments from work comp insurance. Can Your Employer Force You to Resign for Filing a Workers’ Comp Claim? Workers in South Carolina enjoy certain protections for asserting their rights, including asserting workers’ compensation claims. That means that an employer cannot terminate you or force you to resign after you have filed a workers’ compensation claim. Talk to a workers' compensation lawyer if you believe your employer fired you because you filed a work comp claim. You may have legal options to get the benefits you deserve. Why You Should Wait to Quit if On Workers’ Comp Benefits Employers sometimes try to find ways around paying workers’ compensation benefits, especially to employees who have quit. As a result, it may be a good idea to wait to quit until after you have received all your benefits. Sticking it out with this employer might be difficult or frustrating, but it is often the best way to see that you keep receiving workers’ compensation benefits as you should. However, if you receive a lump sum settlement as part of your workers’ compensation claim, you might be able to work something out with your employer that allows you to quit. Negotiating those terms and including them in your workers’ compensation settlement is a good way to protect your rights. Resignation Benefits In addition, some employers and their insurance companies want you to resign from your job. If that is the case, they might be willing to offer some monetary incentives for you to quit — something like a severance package. Those additional funds can be very valuable, and an employer can add them to your overall workers’ compensation settlement package. If you quit before negotiating these terms, you might be giving up something the employer is willing to pay you to do. Of course, they will not offer you these additional resignation benefits if you have already quit your job. In general, holding on with your current employer while your workers’ compensation case is pending is often the best choice. Talk with an Attorney About Your Job Status on Workers’ Comp If you are currently receiving workers’ comp, talk to an attorney before you take a new job. You might accidentally waive or give up your rights to benefits if you do not transition using the right methods. In some cases, quitting your job using any method can put your benefits at risk. Worried About What Your Work Life Will Look Like When You Return? HawkLaw can help injured workers determine the best time to quit. However, every case is different — get tailored legal advice for your situation by contacting our law firm. Call 888.HAWK.LAW for a free case evaluation* to get started! ### How Old Does a Child Have to Be to Ride on a Motorcycle? Riding a motorcycle is a beautiful experience that you might want to share with your child at some point. When you do, you need to keep in mind that a child will require extra rules that you, as the adult, will have to monitor and enforce in order to provide for their safety. Continue reading to see what safety precautions you should take. If you do find yourself and a loved one involved in an accident, contact the experienced motorcycle accident attorneys at HawkLaw, P.A. for help. What is the Youngest Age for a Motorcycle Passenger in South Carolina? When it comes to the youngest age limit for a motorcycle passenger, the laws of each state can differ. For example, in Arkansas, passengers must be at least eight years old, at least seven in Hawaii, and at least five in Louisiana. In South Carolina, however, there is no legal minimum age requirement for motorcycle passengers, and much will depend on your own judgment as to whether they should be on the back of a motorcycle with you. Yet, even so, there are rules for children seven and under when riding as a passenger on a motorcycle. Whenever you and the child are on the public streets or state highways in South Carolina, you are legally required to provide a child passenger restraint system and secure that child in specific ways based on their particular age and weight. These ways include:     Birth to one year old, and weighing less than 20 pounds: requires a rear-facing safety seat meeting the standards devised by the National Highway Traffic Safety Administration (NHTSA).     One year of age but less than seven, and weighing between 20 pounds and less than 40: requires a forward-facing child safety seat meeting the motor vehicle standards set forth by the NHTSA.     One year of age but less than seven, and weighing 40 pounds and not more than 80: requires securing in a belt-positioning booster seat (with both shoulder and lap belts) meeting NHTSA standards.     One year of age but less than seven years of age and weighing in excess of 80 pounds: requires restraining with adult safety belt. There is no height requirement in South Carolina for motorcycle passengers like there is in the state of California, for example. It is all based on passenger age and weight. The motorcycle driver will need to have a valid DMV-issued motorcycle license, which requires a skills test on a training course and not just a learner’s permit. How to Prepare a Child Before Riding a Motorcycle One of the ways to keep your child safe while riding as a passenger on a motorcycle is to prepare them beforehand and instill in them the importance of safety measures at all times. Start by explaining that they must remain calm, not move around on the seat, and hold on to the driver for the duration of the ride.  Also, show them the foot pegs and instruct them to always keep their feet on these and avoid letting their legs get near the muffler. Both foot pegs and driver footrests are required under SC law. Another way to prepare a child for motorcycle riding is to obtain the proper safety gear for them to wear and let them get used to it before the first ride. Are There Any Age Restrictions for a Passenger Sidecar for Motorcycles in South Carolina? Sidecars for carrying passengers can be fun for little ones and provide more space as well. The same restrictions for minimum age in South Carolina apply to motorcycle passengers in sidecars. While there is no age restriction, you still must use the proper restraint system and securing mechanism for the particular age and weight of the child. Are Sidecars Dangerous? Motorcyclists, in general, are more prone to fatalities than passenger vehicles, according to the Insurance Information Institute. Fatality rates in 2019 alone were 29 times higher for motorcyclists than those in cars and trucks. Often such accidents occur due to the fault of the motorcyclist, such as by lane-splitting, or caused by a careless driver of a motor vehicle. When it comes to riding in a sidecar, however, there simply is not enough data collected by the Department of Transportation (DOT) to show how dangerous they are and how many fatalities resulted from an accident in one, regardless of any age restriction. Sidecars can provide more stability to a motorcycle, spreading the full weight out over three wheels instead of the regular two. Yet, with this improvement in stability, you also lose some maneuverability of the motorcycle and may even hinder braking times. If you do have a sidecar and plan to let a child ride in it, drive carefully, avoid making sharp turns, use turn signals, and do your best to plan for stops. What Equipment Must You Wear While Riding a Motorcycle in SC? The equipment you are required to wear while riding a motorcycle depends on the particular state. In South Carolina, the one specific requirement for anyone under twenty-one is that they must wear a helmet when operating or acting as a passenger on a motorcycle. That means you will need to prepare a child with a well-fitting motorcycle helmet before even considering letting them ride. In addition, helmet laws specify that it must be of a type that is approved by the state’s Department of Public Safety and include either a chin or neck strap. The Department maintains a list of each approved helmet meeting all specifications, so start there when choosing one for your child. Motorcycle riders that are the operator and under age 21 (with a valid driver’s license) must also wear an approved face shield or goggles if there is no windscreen above the handlebars. These, too, must meet the specifications of the Department of Public Safety. While not required, it helps to consider dressing the child in riding gear that can serve as a protective layer, much like that of the motorcycle driver, should an accident occur. This gear may be made of leather or thick denim and should cover all parts of the body. Add riding boots and even gloves to help protect them even more. Have You or a Loved One Been Injured in a Motorcycle Accident? While sharing a ride on a motorcycle with a child can be a thrilling experience, you must also keep in mind that there are larger vehicles on the road with you. Even if you both wear helmets, danger still exists. If you or your loved one suffers an injury in a motorcycle accident, the first step is to obtain the medical care and treatment you need. Following this, it will be beneficial to contact a South Carolina motorcycle accident lawyer for legal advice. An attorney knowledgeable in motorcycle law will review your case, compile evidence, and speak with the insurance company on your behalf. Insurance companies are notorious for offering low settlements, and an attorney can help you avoid falling for their tactics and instead obtain a fair amount for you and your family. They can also take it one step further, if necessary, by filing a personal injury or wrongful death lawsuit. Make Sure Minors Are Riding Safely! While you may want children to experience the joy of motorcycle riding, you also need to keep them safe. By equipping them with helmets and motorcycle safety restraints as outlined in South Carolina state law, you can make the experience one to remember. Yet, accidents can happen, either on state highways or on your local roadway. If one does happen to you or your loved one, contact the law firm of HawkLaw today by calling 888-HAWKLAW or submitting the online contact form to schedule a free consultation. ### Guide to Appealing a Workers' Comp Decision If you were hurt on the job, chances are you will want to file a workers’ compensation claim if you have not already. It is important to get the process moving as quickly as possible to get the compensation you need to cover your medical costs and loss of wages. Unfortunately, workers’ compensation claims often do not favor the claimant. When workers’ comp claims receive denials, it leaves the worker suffering from the injury without compensation. Received a denial of your claim and need help appealing the decision and presenting new evidence? Contact the experienced workers’ compensation lawyers at HawkLaw, P.A. Our personal injury lawyers are thoroughly versed in South Carolina workers’ compensation laws and will Fight for You. Call our law firm at 888-HAWKLAW. Common Reasons for a Workers’ Compensation Claim Denial in South Carolina South Carolina insurance companies often will deny a workers’ compensation claim, citing numerous reasons why the worker is not eligible for compensation. Missed Deadlines Workers must notify their employer of their injury within 90 days of the accident. Employers often try to skirt this rule when injuries that are not clear-cut occur. For instance, your employer may claim you did report your injury within 90 days if you have carpal tunnel syndrome or a disease that can not be linked to a singular event. That is why we recommend speaking to an attorney as soon as you receive a diagnosis. Off-the-Job Injuries South Carolina workers’ compensation covers serious work-related injuries or illnesses that prevent a worker from doing their job. Sometimes employers or insurance companies will try to say you were hurt outside the realm of your job if you were on the road or elsewhere away from the physical workplace, even if the trip was for work purposes. If you were performing your job duties, your employer’s insurance should cover you. Horseplay Injuries occurring from horseplay or improper or irresponsible behavior (e.g. drinking/drugs) on the job are legitimate reasons for an employer to deny a claim. However, even if you did not participate in any of these activities, employers will sometimes try to claim wrongdoing on the part of the employee to avoid having to make compensation payments. Preexisting Conditions Insurance companies will sometimes argue a worker’s injury is due to a pre-existing condition, not due to a workplace incident. Even if that is true, you may still qualify for workers’ compensation benefits if your work aggravated or worsened your condition. Errors Errors are a huge reason for denial. If you make any mistakes or neglect to submit the requested documentation, your application may be denied. Other reasons for denial may include failing to seek treatment for your injury, classification as an independent contractor and not an employee, inadequate proof of injury, or the employer simply deciding to challenge the claim to avoid increases in insurance premiums. How Do I Know if I Can Appeal an SC Workers’ Compensation Decision? If you feel you were wrongly denied workers’ compensation benefits, or if your employer failed to respond to your claim, you can file an appeals hearing with the South Carolina Workers’ Compensation Commission (SCWCC). This entity comprises of seven commissioners who serve as workers’ compensation judges. If you are eligible under workers’ compensation law for the type of injury you suffered that occurred on the job, you have the right to appeal the decision. What Are the Benefits of Appealing a Workers’ Compensation Decision? The primary benefit of appealing a workers’ compensation decision is that you have another opportunity to try to receive an award. If you win the appeals process, you will get the money to help pay for your medical expenses and to cover lost wages until you heal and can return to work. How Do I Appeal My OWCP Decision? If the Office of Workers' Compensation Programs (OWCP) denies your claim to receive benefits due to your injury, you do have the right to appeal its decision. The following steps are what you would do in this scenario. Request a Hearing The first step is requesting a “single commissioner hearing,” where you appear before one compensation commissioner and present your case. At your workers’ comp hearing, your attorney will ask you several questions related to your work and injury. Commission Review If the first hearing is unsuccessful due to the judge’s decision to deny your case, the next step is to request a further review by the full commission (usually three commissioners, but sometimes six). Court of Appeals and the South Carolina Supreme Court A denial by the full commission review gives you two last options to appeal. In this case, you have the right to appeal within 30 days to the South Carolina Court of Appeals. If it escalates, the South Carolina Supreme Court is your last stop. Working with an experienced workers’ compensation attorney is your best course of action because you must meet numerous, highly specific deadlines. Workers’ comp appeals are complex. Making one misstep can significantly harm your chances of having a successful appeal. Your lawyer can handle the entire workers’ compensation appeals process, from filing your petition for reconsideration to representing you in a workers’ compensation trial. Why is it Difficult to Get a Workers’ Comp Claim Approved in South Carolina? Insurance companies promote themselves as covering people in their hour of need. In reality, insurers put effort into making it harder, especially in workers’ comp cases. They often seek to avoid approving these cases because they do not wish to part with their money. Sadly, this means claims are denied or delayed on a routine basis. Often, insurers drag the processing of the claim out, either intentionally or unintentionally (e.g., clerical errors, understaffing, or the injured worker's failure to submit the right documents or information). Other times, insurers eventually deny a claim, hoping people suffering injuries will simply give up and accept a low settlement. Sometimes insurers simply outright deny your workers’ comp claim, indicating your injury does not qualify or that you were not “on the job” when you were hurt. They may also try to blame you or another third party for the accident to escape liability for paying disability benefits to cover injury-related expenses. Working with a skilled workers’ comp attorney who can push insurance companies to abide by workers’ compensation rules can help keep your claim moving forward as it should. Your attorney can also help you file the right forms and documentation necessary for compensation. This significantly reduces the chances of delays and denials. Your lawyer can also quickly file an appeal if your insurance denies your claim. Was Your Claim Denied? Do Not Be Discouraged. If you suffer a work injury due to an accident occurring on the job, you need compensation for your medical bills, lost wages, and suffering. Unfortunately, employers and insurance companies do not make it easy for people to obtain the money they need to help pay for their temporary disability or permanent disability. Often, the insurance company will outright deny a claim. You do not have to deal with this situation alone. If you file a workers’ compensation case and receive a denial, an experienced workers’ comp lawyer can help you to file an appeal to the correct district office. The attorneys at HawkLaw are well-versed in South Carolina workers’ compensation laws and can fight back against an often unfair system that does not treat injured workers as it should. If you receive a denial for workers’ comp benefits, speak to our attorneys. Confidential and honest attorney-client relationships are incredibly important to us. We will Fight to Win so you can live a little easier after your injury. To learn more or obtain a free consultation,* reach out to us by calling 888-HAWKLAW or by filling out our online contact form. HawkLaw services workers’ comp claims throughout South Carolina at our Charleston, Greenville, Spartanburg, and Columbia law offices. ### Will My Physical Therapy Be Covered by Workers' Comp? Incurring an injury from work is painful enough. Knowing that you need to rehabilitate the injured body part can be debilitating to your spirit. What can also bring you down is if your injury needs physical therapy and you are unsure if your workers’ comp will cover these needs. Are you wondering if you can receive PT under your coverage? Did your employer deny your workers’ comp claim for PT coverage? Continue reading to see if you might be covered and when to involve a South Carolina workers’ compensation attorney. What Medical Benefits Are Under Workers’ Compensation? Knowing what your workers’ compensation benefits include will be crucial as you heal after a work-related injury. More specifically, workers’ compensation in South Carolina covers certain medical benefits, and these include: Doctors’ visits Hospitalization Surgeries Medical and surgical supplies Prosthetic devices Prescriptions Potential mental health treatments relating to an injury Other treatments, such as physical therapy, orthopedic evaluations, diagnostic imaging, occupational therapy, etc. Two specific legal guidelines that determine whether you are eligible for coverage of these medical benefits under workers’ comp insurance include: Your medical treatment and healthcare are deemed necessary by the attending physician or ordered by the Workers’ Compensation Commission for good cause. Such medical care and treatments tend to decrease the degree of the disability you experience as a result of the work-related injury. Does Workers’ Comp Cover Physical Therapy in South Carolina? In South Carolina, workers’ comp covers physical therapy for an injured worker in most circumstances but only up to a specific point, such as post-surgery. The common times it pays for physical therapy for an injured worker include: Immediately following the injury to help you rehabilitate and recover; and When you require rehabilitation services over the short term to assist you in regaining the necessary functions so you can return to your work. As long as you improve and progress, as witnessed and documented by your attending physician, the insurance will continue to cover your physical therapy sessions. Coverage, however, may end when you reach what is referred to as maximum medical improvement, or MMI, as determined by your physician. This status means you are at the highest levels of rehabilitation and recovery. At times, coverage for physical therapy can become confusing. Seeking legal advice and help dealing with the insurance company from an experienced personal injury attorney can benefit your recovery. The insurance carrier will undoubtedly look for reasons to discontinue paying for treatments at some point, and you may need to start paying out of pocket. When this happens, your attorney can review and evaluate your case and file for a hearing with the South Carolina Workers’ Compensation Commissioner. The Commissioner can then force the insurance company to cover all treatments recommended by your doctor, including physical therapy. What Type of Physical Therapy is Covered Under Workers’ Comp in South Carolina? Coverage for physical therapy in South Carolina will depend on what the treating physician orders and whether the recommended injury treatment is geared specifically toward helping you return to your job. For example, you may need therapy to improve your range of motion, decrease pain, or build up strength in certain areas of the body. Your doctor will convey these needs to physical therapists, who will be responsible for your treatment. The types of physical therapy receiving coverage under workers’ comp in South Carolina include: Physical therapy treatment that follows directly after a work-related injury to aid in rehabilitation and recovery. The duration of these rehabilitation treatments is usually short-term and must be reasonably necessary to help you regain strength or function so you can return to the workplace. Rehabilitative therapy following a surgical procedure for a workplace injury Ongoing physical therapy in some cases, such as when the workplace injury results in long-term disability What Circumstances Might Lead to Loss of Physical Therapy? Workers’ comp may deny physical therapy coverage following a work-related injury for several reasons. Three circumstances include the following: Injury Occurs Outside Scope of Employment To file any workers’ compensation insurance claim, your injury must occur during your employment at the workplace or off-site when you are still performing your job for the employer. Medical care and treatment, including physical therapy, will not be covered under workers’ compensation when the injury occurs outside the scope of employment. Missed Deadlines An injured employee must adhere to legal deadlines for both reporting the injury and filing workers’ compensation claims. If you miss either of these deadlines, denial of coverage can occur. Failure to Notify Failing to notify your employer of any work-related injury on time can also lead to coverage denial. As soon as a workplace accident occurs and you know you sustained an injury, notify your employer as soon as possible. You usually have 30 days to do so or risk losing your coverage for medical treatment and any physical therapy services. Why Hire an Attorney for Your Workers’ Comp Claim? One of the last worries you want to experience after sustaining a workplace injury is whether or not the workers’ compensation insurance program will cover needed medical care, including physical therapy. Hiring an attorney for your claim, then, will benefit you in several ways. Essentially, from the start, your medical treatment and benefits are in the hands of your employer and the insurance company. Not only do they choose your physician but also what treatments you can receive under coverage. As a result, disagreements can arise over case management, physician selection, and expressed opinions on treatment. It can also impact the type of treatment. An experienced personal injury lawyer knowledgeable in workers’ compensation laws and the claims process in South Carolina can help. If you disagree with the recommended treatments, your lawyer can assist you in obtaining a second opinion from a different physician. You can then present your exam results to the workers’ compensation commissioner at a hearing. This independent medical examination may be just what you need to gain coverage for needed care and higher comp pay. Paying for a Work Injury Out of Pocket? You Shouldn’t Be! Understanding how your workers’ comp benefits apply to medical treatment, including physical therapy, can quickly become overwhelming. You may feel like giving up when you have to pay out of pocket for a work injury while battling with insurance carriers. Instead, schedule a free consultation* with a South Carolina workers’ compensation attorney at HawkLaw. Call 888-HAWKLAW or use the online contact form to get started today. ### Does Workers' Compensation Cover My Workplace Injury? If you suffer a work-related injury, it can be easy to dismiss the severity. However, paying out of pocket for future surgeries could cost you tens — or even hundreds — of thousands of dollars, which your health insurance may not cover. It can become even more complicated if you are self-insured. It is vital that you do not settle your workers’ comp claim until you are certain that all the medical procedures you need will be covered. It is not unusual for an adjuster to offer a very low settlement amount that can leave injured workers in the cold when they need it the most. If you are having trouble reaching a satisfactory workers’ comp settlement with your insurance company, reach out to the South Carolina workers’ compensation attorneys at HawkLaw. We will help you seek compensation for any medical treatment you need, including surgery. Does Workers’ Compensation Cover Surgery? According to the South Carolina Workers’ Compensation Commission, workers’ comp will pay for surgery so long as the employer’s workers’ comp insurance carrier representative agrees that your injuries are work-related. Surgery, however, is only one aspect of the benefits available from a workers’ compensation claim. In addition to surgery, reimbursement of medical benefits from your employer’s insurance company will also cover doctor’s visits, medical bills related to any medical supplies, prosthetics, hospitalization, prescriptions, occupational therapy, physical therapy, travel to and from medical appointments and pharmacy visits, and other medical expenses. You may even be assigned a nurse care manager, or NCM, to help manage your medical care at no cost to you. In addition, your settlement amount may include temporary or permanent disability benefits covering a portion of your lost wages. The specific amount depends on your level of impairment, whether you have achieved a point of maximum medical improvement (MMI), and whether you have suffered partial or total disability. Disability benefits will be based on your average weekly wage before the accident. Your employer retains the right to choose your treating physician. This means if you see your own doctor, you may be liable for your own medical expenses. It is important to read the terms of any workers’ comp settlement offered. Some settlements may leave you without coverage if you require surgery later on. Am I Allowed to See Multiple Doctors During My Treatment? You may seek a second opinion, but the process can be complicated and put your workers’ compensation coverage at risk. First, never refuse treatment. Under South Carolina workers’ compensation laws, if you refuse the treatment offered, you may be barred from future compensation. Your employer, in addition, is entitled to choose the primary treating physician for injured employees, so you must see the doctor to whom they send you. If you wish to seek a second opinion and maintain your workers’ comp benefits, it is a good idea to speak first with a qualified and experienced workers’ compensation attorney. The right work-related injury lawyer can help you maintain your rights to workers’ compensation benefits while allowing you to seek a second opinion. How Long Does It Take Workers’ Comp to Approve Surgery in South Carolina? According to the South Carolina Code of Laws, employers must provide any necessary medical treatment to injured workers, including surgery, hospitalization, doctor’s visits, medication, and the like, for up to 10 weeks from the date of the injury. After this time, they must continue to provide any necessary treatment the Workers’ Compensation Commission believes will cure or reduce the duration of a disability or qualifying medical condition, based on clear medical evidence and testimony from qualified medical professionals. Common Surgeries After a Workplace Injury The types of work-related injuries are broad and varied. From chemical burns to back injury, loss of limbs, or illness from long-term exposure to toxic conditions, you may suffer a range of injuries and illnesses that could require workers’ comp insurance. A few of the most common surgeries after a work-related injury include burn treatment, orthopedic surgery, and brain surgery. Burn Treatment Burns can range from mild areas of soreness that clear up in a few days to severe injuries that can leave injured workers scarred, deformed, and in pain for the rest of their lives. The worst cases of burns may require surgery, including skin grafts and procedures to remove necrotic tissue so that healthy tissue can grow in its place. Sometimes, burn treatments can require multiple rounds of surgery that may exceed the duration of standard workers’ compensation coverage. If this happens to you, your medical records can be an important factor in getting your needed medical procedures covered. Your workers’ comp attorney can help you fight to get the medical treatment you need so you can regain as much of your life as possible. Orthopedic Surgery Orthopedic surgery is the name for a large group of procedures designed to treat injuries from acute trauma to degenerative conditions. These include: Arthroplasty, or replacement of joints with prosthetic devices Arthroscopic surgery, or minimally invasive procedures that use endoscopes, small incisions, irrigation fluids, and other methods to treat the injury without a great deal of additional trauma Fusion, which is a blanket term for using rods, screws, plates, and bone grafts to fuse broken bones together Debridement, a means by which infected, damaged, or necrotic tissue from bones to muscles to skin can be removed to allow healthy tissue to regrow Internal fixation, a procedure to hold broken bones together after a fracture so they can knit and heal Soft tissue procedures to repair tendons, nerves, and ligaments Osteotomy, a process to cut and reposition bones to correct deformities Open surgery, or traditional procedures using large incisions to treat internal injuries Brain Surgery Head and brain injuries can be some of the most devastating injuries a person can suffer. Traumatic brain injuries can alter your ability to think, focus, process information, and even move and use your limbs. They can impact your relationships, rob you of your memory, change your personality, and even result in death. Brain surgery is delicate and difficult, but if it is required, it is usually an emergency, and it is important to get it approved quickly. A personal injury and workers’ comp lawyer at HawkLaw can help you get the surgical treatments you need that can possibly save your life. What Should I Do if Insurance Denies Payment for My Surgery? The first step if your workers’ compensation insurance company denies your claim is to reach out to them. Ask why they are denying your workers’ comp coverage. The next step is to build a case to challenge the denial. This will usually involve attending a workers’ compensation hearing before the Workers’ Compensation Commission. Preparing for and attending this hearing can be a stressful and confusing time for those who just want their injuries treated and help making ends meet. If you need to challenge a denial of coverage, gather your medical bills, evidence of lost wages, employment records, and other documents, including witness testimony and job search evidence, and contact a South Carolina workers’ comp attorney. The right attorney will help you build a case and fight for the benefits you deserve. What if I Need Surgery Later in My Medical Treatment? It is vital to get a settlement that includes open medical benefits. Such a settlement will allow you to get compensation for later surgery if you need it. An open settlement renders the insurer potentially liable for the cost of the surgery. You can submit the surgery bill directly to the insurance provider, or you can apply for reimbursement if you paid out of pocket or through your own insurance if you are self-insured. You will just need to file a change in condition claim to seek payment, which will reopen your case. If, however, you accepted a lump sum as a “full and final” workers’ compensation claims release, the insurer can refuse the surgical procedure. You may, in this case, have a difficult time getting compensated or reimbursed. Need Surgery After a Workplace Injury? We Can Help Workers’ compensation cases can get complicated and difficult. Sometimes it can seem like the entire world is against you when all you want to do is recover from your on-the-job injuries and get your life back in order. Insurance companies often go to great lengths to get out of paying benefits for a workers’ comp claim. When you add that South Carolina workers’ compensation law requires you to submit to medical exams requested by your employer, the entire process can be stressful. If you are having difficulty with your workers’ comp case, the experienced attorneys at HawkLaw can help you gather the evidence you need for a successful workers’ comp claim. Our law firm can help oversee that your claim meets filing deadlines, and we will stand next to you the whole way to help protect your rights to future compensation. Contact us at 888-HAWKLAW or fill out our online contact form for legal advice and a case review* today. ### After a Car Accident Should You Replace Your Seatbelt? In 2020, about half of the passengers killed in car accidents were not wearing seat belts, according to the National Highway Traffic Safety Administration (NHTSA). The NHSTA also points out that seat belts saved almost 15,000 lives in 2017. There is no denying the fact that seat belts save thousands of lives each year. If you have been in a car accident recently, you may have experienced firsthand how seat belts protect car occupants. However, while you may be aware of exterior damage to your car, you probably have not thought too much about the damage potentially occurring to your seat belt. Been in a recent accident and need help collecting compensation? You should consider the cost of replacing your seat belt if you are seeking compensation for property damage following a car accident. The personal injury attorneys at HawkLaw, P.A. can help. In addition to helping you determine the true cost of your injuries, our legal team can act as the go-between with insurance, even filing a lawsuit if necessary. Call our law firm today for a free consultation at 888-HAWKLAW.* How Does a Seat Belt Protect You in an Accident? A seat belt is designed to keep drivers and passengers in their seats. In the event of a collision, the seat belt restrains people from being ejected. The U.S. Centers for Disease Control and Prevention (CDC) indicates people who do not wear seat belts are 30 times more likely to be ejected from a motor vehicle in an accident. Seat belts also minimize the risks of serious injuries. Modern seat belts are built with retractors, which give the vehicle rider a bit of movement but restrain them from moving too far (which can also lead to injury). The seat belt pretensioner reels back any slack occurring to help keep riders safe. Seat belts are also designed with a 3-point system, which keeps a rider’s hips and shoulders in place when an impact occurs. For front-seat riders, seat belts also help keep the head and upper body from colliding with the dashboard, windshield, or steering wheel. Consider, if your car is driving 55 miles per hour, so is your body. Imagine the sheer force your body experiences if you collide with something at that speed. It is important to wear the belt as designed because incorrect wear can lead to additional injury in the event of a crash. For infants and young children, safety car seats should be correctly buckled with the seat belt. Correct installation keeps the seat in place if an accident were to occur. When Should I Replace My Seat Belts? You should replace your seat belts after several years of use. Like other car components, seat belts are prone to wear and tear. The longer you have been driving your car, the more likely the seat belt will malfunction. Another reason you should replace your seat belt is that if your car seat belt becomes frayed, it can weaken its effectiveness. Some safety experts recommend seat belt replacement every 10 to 15 years. Purchasing a used car? Always get a seat belt inspection to ensure the seat belts are not damaged. Should I Replace Seat Belts After a Car Accident? Yes, you should absolutely replace your seat belts if your vehicle is in an auto accident. The NHTSA considers seat belts a single-use item, much like airbag systems. This means if the car seat belts have been in an accident and did their job, it is time for a replacement since the components will not activate again in a future crash. Essentially, a car accident compromises seat belt retractors and pretensioners. This means your seat belt may not work correctly, and you or your passengers may get ejected from your car and suffer a personal injury if you have a second car crash. Safety belts save lives and reduce serious injuries, but they must be in working shape to do their job. Whether your vehicle is in an accident or not, be sure to routinely test and inspect your seat belts for damage or wear and tear. If you are in a car accident, seek help from an expert who can replace your seat belts and install them safely. You can ask the insurance company to perform a seat belt repair as a part of your overall repair after the vehicle accident. What Other Car Parts Should I Replace After an Accident? Car seat belts are not the only vehicle components you should think about replacing after a car accident. Other common car parts that need changing include: Car fenders (frames over its wheels) Window seals Trunk lock Front grill Warning systems It is a good idea to have a trusty mechanic or licensed expert who understands and is knowledgeable about the make and model of your vehicle. Failure to inspect important components of your car after a crash can lead to disastrous effects for a driver and any passengers, such as traumatic brain injury, spinal cord injury, or wrongful death. A Malfunctioning Seat Belt Could Cost You Your Life If you are in a future accident and your seat belt malfunctions, you could sustain serious injuries or even lose your life. Worst of all, insurance may deny your car accident claim. Protect your right to compensation by replacing your seat belt right away. If you are in a car accident, speak with a knowledgeable personal injury attorney as soon as possible. South Carolina has a three-year statute of limitation from the date of the collision. This sounds like a long time, but it really is not. Consider that it takes time to put together a strong case. Even if you think you missed your window of opportunity, you should speak to a lawyer anyway because there are some exceptions to the three-year time limit to pursue compensation. Your attorney can examine the circumstances of your accident and determine eligibility. A malfunctioning seat belt could cost you your life or that of a cherished loved one. If you need help with your South Carolina car accident claim, call the compassionate attorneys at HawkLaw as soon as possible. Our phone number is 888-HAWKLAW, or complete our convenient online contact form to get started on obtaining a free consultation.* ### Who's at Fault for Accidents Caused by Poor Road Conditions? When roadways are not maintained properly, and potholes and other problems are allowed to form, vehicles may sustain damage more easily. A pothole, for example, can knock out the alignment of your car, wear out your tires, or bust your rim. It is no wonder South Carolina motorists were paid more than $900,000 from July to December 2019 for pothole-related claims. The media indicates 632 statewide insurance claims made were connected to potholes, manholes, and drains in this timeframe. Out of that, 92% of the claims were filed against one of South Carolina’s government agencies, the Department of Transportation (SCDOT). If you have an accident due to poor state road conditions, contact the dedicated car accident lawyers at HawkLaw, P.A. Our car accident attorneys can help you file a claim against SCDOT and fight for the compensation you deserve. Call our law firm today at 888-HAWKLAW to speak with a member of our legal team and arrange a free consultation.* What Are Some Examples of Poor Road Conditions in South Carolina? According to a consumer affairs report, South Carolina is listed as #14 for the worst roads in the country. While this is an improvement from previous years, SC roads are still in dire need of improvement. The following are areas where the DOT can make significant improvements, increase driver safety, avoid personal injury from accidents, and reduce property damage related to poor road conditions. Potholes Potholes are not just a nuisance; they can cause severe vehicle damage and lead to injury if this structural failure leads to an accident. Potholes form when the dirt and soil beneath the asphalt begin to shift when cars and trucks pass over the road. In time, this leads to cracks in the asphalt, and it becomes loose, creating a pothole. Incorrect or Missing Signage When motorists are unfamiliar with roads, they rely on signs and traffic signals to help them navigate the area, along with its traffic patterns. Stop signs Speed limit signs Intersection signs Curvy road signs Other warnings/directives If the state or local municipality does not invest in maintaining correct or replacing missing signage, this increases the risk of accidents because drivers do not have the full information they need to make safe driving decisions. Missing Guardrails or Barriers Unfortunately, many roads are missing critical guardrails or barriers that help protect the public. Roads are often designed to accommodate high-speed traffic, and guardrails and barriers go a long way toward preventing crossover crashes when they are installed between opposing lanes. Roads with Poor Drainage Weather conditions play a primary role when it comes to car crashes, especially when roads do not properly drain and cause adverse driving conditions. The Federal Highway Administration lists a number of ways weather creates hazards. Visibility Flooding High winds Temperature extremes These factors can affect a motorist’s ability to safely navigate a car, especially if the roads are not properly maintained and precipitation cannot properly drain off the pavement. Highway Ruts Over time, heavy vehicles, such as tractor-trailers and large SUVs, can adversely impact road surfaces. The wheels of vehicles dig into the road’s surface, creating grooves in the pavement. This leads to potholes and uneven road surfaces, making it difficult for drivers to maintain control of their vehicles if they hit or drive over them. Shoulder Drop-Off The safest way to install road shoulders is to pave them to be the same level as the roadway. Unfortunately, shoulder drops are common, and those more than two inches below the road’s surface tend to lead to more accidents. Construction Hazards Construction  is an important factor when maintaining roads. However, careless or missing signage, improper cone placement, mismarked detours, and unmarked vehicles, can lead to miscommunication, creating the perfect storm for a motor vehicle collision. When is South Carolina Liable for Poor Conditions? A city, state, or federal agency owns most public roads. Unless the road is privately owned, the state is responsible for properly maintaining the roadway. The South Carolina Tort Claims Act empowers people to file a claim against SCDOT. There are some exceptions where a governmental entity is not liable for losses, which are outlined by the State of South Carolina. For instance, if SCDOT was not aware of road damage or other adverse conditions, they are not liable for the damage caused by accidents. There are other exceptions as well. Consequently, if a problematic road condition was reported and the department (or political subdivision) did not respond in a timely fashion, then they would be held responsible. How Do I File a Claim Against the State of South Carolina for Damage to My Car? To have a successful claim, you must meet stringent time limits and follow any special rules set by South Carolina. For instance, you have just one year from the incident to file a claim. As you file your claim, you must provide details, such as the road and direction you were driving, the exact location of the problem, names and contact information for witnesses, and a description of the problem (photos can really help support your claim). If you want to receive reimbursement for damage done to your car, you file a claim against SCDOT through its website, including two repair estimates or a copy of the invoice you already paid. To have an eligible claim, the following conditions must be present. Your vehicle’s damage occurred on a SCDOT road SCDOT knew about the road problem SCDOT did not correct the problem in a reasonable amount of time Filing a personal injury lawsuit, civil lawsuit, or claims for damages against a government entity can be intimidating. Not to mention, it is common for the claims process to quickly get complex, especially since the state government’s insurance companies are likely to try to shift the blame toward you and deny your claim. Working with an experienced personal injury lawyer can help you with battling or suing the local government to help you win your case. Proving Negligence After a Pothole Accident The State of South Carolina is a “fault” state. What this means is a driver (or in the case of poor road maintenance, the SCDOT) is liable for any damages occurring. If you can prove that poor road maintenance by SCDOT led to your accident, you can receive compensation. This is not always easy. Working with an attorney who is well-versed in South Carolina car accident liability law can boost your chances of a successful claim, as accident victims bear the burden of proof for demonstrating negligence when they file a case against SCDOT. What is the Statute of Limitations for Filing a Claim Against South Carolina? If you were in an accident and poor road conditions on a South Carolina road caused it, you can file a claim against the State of South Carolina’s Department of Transportation. You have one year from the date of the accident to file a claim to cover your vehicle’s damages. At this point, SCDOT (or its insurance carrier) has 180 days to approve or deny your claim. Damage to a car can quickly add up in repair expenses. The compensation you receive can help pay for damage to your car’s wheels, tires, shocks, struts, ball joints, and other damages. For other damages, like injuries, you may have two years to file a claim against SCDOT. Speak to your car accident attorney to see if you have a longer period of time to file against the state. It’s Time to Hold the State Accountable Was your car damaged due to the South Carolina Department of Transportation’s negligence? If so, you may have grounds to file a damage claim against SCDOT. The auto accident attorneys at HawkLaw understand the difficulty and frustration of dealing with costly car expenses, especially when the situation could have been entirely preventable. HawkLaw’s car accident lawyers will help you get everything you need together to file a claim against SCDOT quickly, including filling out your claim form, following up with any response, and checking to see if you receive a response to your damage or injury claim within a reasonable amount of time. To request a free consultation* and discuss your case, call our phone number, 888-HAWKLAW, or complete our convenient online contact form to speak with a member of our legal team today. We will assess your situation and determine if you have a case to pursue compensation. ### Avoid These five mistakes after a car accident The scene of an accident can be confusing. You might be disoriented from the crash and unsure of what to do next. An apology or a misguided statement could affect your compensation drastically. This article will explain five of the worst common mistakes people tend to make in the aftermath of a motor vehicle collision and offer you tips about how to be prepared if you are ever involved in a car crash. Experiencing a car crash is frightening and can lead to so much stress. If you are seeking compensation and find the legal process confusing or time-consuming, reach out to the experienced South Carolina car accident attorneys at HawkLaw, P.A., and speak with a member of our legal team by giving our law firm a call at 888-HAWKLAW. Why Call the Police Following a Car Accident? By calling the police to the scene of an accident, you can better protect yourself. Upon their arrival, the responding officer will write an official accident report which will be helpful later on when either filing an insurance claim or going to court for a lawsuit. Remember to ask the responding police officer how you can get a copy of your report. This document will be crucial when you go to file an insurance claim or if you decide to pursue a car accident lawsuit. Since South Carolina is an at-fault state, this means whoever is at fault pays for the damage. Having an official police report avoids a “he said, she said” type of scenario because this document will have all the pertinent information. Never leave the scene of a car accident because, according to South Carolina law, you can be charged with a crime if you do. 1. Not Seeking Immediate Medical Attention After a Car Accident Sometimes, victims of car accidents feel fine in the immediate timeframe after a crash and decline medical care because they are not in any pain. This is a huge mistake. Many serious injuries occur without initial pain, and symptoms may not appear until hours, days, or even weeks after the crash. Obtaining a thorough medical examination will document your condition, allow your doctor to identify potential problems, and provide your healthcare provider with the information they need to identify not always visible common car accident injuries, such as back injuries or traumatic brain injuries. If you are not taken by ambulance to the emergency room, seek medical treatment as soon as possible – we cannot stress enough how important medical records are in any accident claim. 2. Forgetting to Gather Evidence After Your Car Accident Gathering evidence at the scene of an accident is critical. If you are unable to do it, see if someone else can do it for you. The accident scene typically tells the story of what happened, but this information can quickly disappear. Take photos (and video, if possible) of the cars, license plates, vehicle positions, road conditions, debris, signage, skid marks, and your injuries. Additionally, you should obtain the information of any eyewitnesses and exchange driver’s licenses, contact information, and the insurance information of any other parties involved in the crash. 3. Admitting Fault After Your Car Accident Drivers sometimes make the mistake of admitting fault after an accident. Even saying things like “I’m sorry” at the scene of the accident can give the other party, witnesses, or the police the perception you are admitting fault. Even if you think you may have set the conditions that led to an accident, never admit fault. You never know what other factors about the other driver's actions may have caused or contributed to a crash. For instance, they may be sending text messages while driving, violating traffic laws, or driving under the influence. Instead, let the process occur by letting the police and insurance companies do their investigation. In the meantime, do not speak to people about the accident, and definitely do not talk about it on social media. In the meantime, speak to a knowledgeable car accident lawyer who can examine the situation and help ascertain fault. Putting blame on yourself or otherwise assuming blame can significantly hurt your chances of obtaining compensation, especially under South Carolina’s at-fault and modified comparative negligence laws. 4. Not Being Careful About What You Say to Insurance Adjusters While you need to contact your insurance company, keep in mind that car insurance adjusters, especially the other driver’s insurance company, are not working in your best interest. The fact is that insurance adjusters do not like parting with their money; instead, they will initially try to suggest a meager first settlement offer in the hopes you will accept the low amount and walk away, signing away your right to fair compensation. Also, even if they are friendly and show empathy towards your situation, still proceed with caution. Many adjusters act like they are there to help you and try to gain your trust. The bottom line is to not trust them and carefully guard your words when speaking with any insurance representatives. You do not want to inadvertently sign away any legal rights you have to file an injury claim or a claim for property damage. 5. Trying to Pursue Compensation After a Car Accident Alone Many car accident victims mistakenly think they can file an insurance claim on their own and get a good settlement. This usually does not go as well as they think it will. Working with a skilled personal injury attorney offers auto accident victims numerous benefits. Helping them to navigate the complex legal process Negotiating with insurance adjusters on their behalf Gathering evidence about the crash Analyzing evidence to help determine fault in the crash Presenting a stronger case to support an accident claim Statistics indicate accident victims who work with a personal injury lawyer tend to get much larger amounts of compensation than those who do not, even after attorney fees are considered. Any extra money can help pay medical bills, replace lost income, and cover other accident-related expenses. Apologizing Can Be a Sign of Guilt Rather Than Sympathy Don’t make these five mistakes. A car accident can be a stressful situation, and it is tempting to speak freely in hopes you can settle things quickly. This is a bad idea. If you or a loved one have been in a car accident, always seek legal advice before talking to anyone about the crash. Waiting too long might mean not having enough time to build a case, causing you to potentially miss South Carolina’s statute of limitations and your chance at obtaining a monetary award. The compassionate personal injury lawyers at HawkLaw are very knowledgeable about South Carolina accident laws and will Fight for You. We are a digital-first law firm with decades of experience. To receive a free consultation,* call us at 888-HAWKLAW or fill out our online contact form, and a member of our legal team will get right back to you. ### What Happens if You Hit a Jaywalker? Being a pedestrian in some cities can be a dangerous job. In fact, the entire state of South Carolina ranks third place in the country ahead of places like California for being one of the deadliest places to be a pedestrian. Remember that pedestrian accidents do not mean the state is filled with poor drivers. The roadway infrastructure throughout South Carolina can actively encourage unsafe driving practices. Pedestrians only need to cross the street using designated crosswalks in intersections, but simply walking along dangerous roadways may be unavoidable. If you are behind the wheel and you hit a pedestrian who was jaywalking, you may be facing a lawsuit. The trauma from the event will be enough for a single person to deal with, so the added burden of a lawsuit will not do anything to make moving on easier. Fortunately, that's where a personal injury attorney can help. We might be able to reduce your liability if the plaintiff in the personal injury case was breaking the law by jaywalking. The car accident lawyers at HawkLaw, P.A. can help fight for you, so contact an experienced attorney at our law firm today to get started. What Is Jaywalking? Put simply, jaywalking is when a pedestrian illegally crosses a street, and it is a misdemeanor that typically warrants a fine of around $25. The law in South Carolina is quite specific regarding outlining the responsibilities of pedestrians on the sidewalk who cross at intersections. To start, every pedestrian must yield the right-of-way to all vehicles on the roadway when crossing at any point other than a marked or unmarked crosswalk at an intersection. Most importantly, it is an infraction to cross the street between intersections with working traffic signals like traffic lights in any capacity other than via crosswalk. Pedestrian crossing at an intersection diagonally is also expressly prohibited unless it is explicitly allowed by traffic control devices. This is all in accordance with the South Carolina Code of Laws Section 56-5-3150. Am I Liable for Damages If I Hit a Jaywalker in SC? South Carolina uses a modified comparative negligence standard in civil claims rather than contributory negligence, so your liability for damages after hitting a jaywalker is related to how responsible you were for the accident in the first place. South Carolina is an at-fault state, so any party involved in the traffic accident may receive deductions from their reimbursement based on how responsible they were for it. For example, if a motorist suffered $10,000 worth of medical bills in an accident but is determined to be 10% responsible for the accident, they would only be able to receive $9,000. Since South Carolina uses a modified comparative negligence law, the deduction from reimbursement based on a percentage of responsibility is limited. If it is determined in court that a motorist is more than 50% at fault for an accident, they will not be able to recover compensation for any damages. Instances in Which You Are Liable for a Jaywalker's Injuries Pedestrian jaywalking is a crime, but as a driver, you are still responsible for paying attention and remaining alert on the road. After all, jaywalking typically comes with a $25 fine, so it hardly warrants the medical costs of the pedestrian’s injuries. This is why it is on you as the driver to ensure that you're paying attention and obeying all traffic laws, even if there are jaywalkers in the area. The following are instances in which you would be responsible for a jaywalker's injuries. Distracted Driving Distracted Driving is the leading cause of car accidents of any kind. Talking to someone else in the vehicle, glancing at a billboard, or looking at a notification on your phone all qualify as being distracted. Looking at a billboard or your passenger could have you taking your eyes off the road for a second, if that. However, looking at and reading a text message could have you looking away from the road for about five seconds on average. Drunk Driving Drunk driving is obviously a serious problem that would put the weight of the accident firmly on your shoulders. After consuming alcohol, your reaction time and alertness are impaired, along with your vision and ability to think, depending on how much you've had. Driving under the influence is a crime, but even if you don't get charged with a DUI after striking a pedestrian, the pedestrian can still hold you liable for damages if you have been drinking. Remember, civil cases, like personal injury claims and criminal cases, do not always use the same standards for proof. Speeding The faster you travel on the road, the more grievous injuries can be during an accident. The way those two factors relate to each other means that if you are speeding when you strike a pedestrian or were speeding in the moments leading up to it, you can still be held responsible, especially if you were forced to run a red light. You should drive under the posted speed limit in poor weather or road conditions. Failing to do so and treating the road as if the hazardous conditions were not present can be considered speeding and not meeting your duty of care in civil cases. How to Prevent an Accident With a Jaywalker To prevent a motor vehicle accident with a jaywalker from happening in the first place, there are several different strategies you can put into practice to reduce your chances of this horrific incident ever happening, in addition to obeying the rules of the road. Keep Your Eyes on the Road You should have your eyes peeled for any danger, including jaywalkers. Too many drivers simply look for other vehicles since that's what most people imagine when they think of the concept of a car accident. Follow the Speed Limit Speed limits, like other traffic rules, exist to reduce accidents and the damages caused by accidents that do happen. Plus, if you are not speeding, it is less likely that you will be held liable for damages should you get in an accident. Avoid Night Driving Night Driving is sometimes unavoidable and is not against any vehicle code, but it is always best to avoid it when possible. Visibility is low, and pedestrians are even harder to see, as they do not have lights coming off them like other cars. Do Not Drive Distracted Driving distracted is a recipe for disaster, and no one's life will be worth whatever argument you are having with a passenger or the notification you received on your phone. Safety Tips for Pedestrians in South Carolina Follow these tips to stay safe while walking in South Carolina. Walk on the sidewalk. Walk on the side of the road facing oncoming traffic. Cross at marked crosswalks. Look left, right, and left again when crossing. To stay alert, do not wear earbuds or use your cell phone while walking. Wear bright and reflective clothing along with a flashlight at night. Avoid walking while being impaired by drugs or alcohol. Hire a Car Accident Lawyer If you were driving safely and couldn't stop in time after a pedestrian walked in front of your car, you'll need a personal injury lawyer to help show that you're not responsible for the accident. Of course, if you were on the receiving end of an accident as a pedestrian, the team at HawkLaw can seek damages for you while you focus on recovery. We handle both personal injury cases and pedestrian accident cases for all South Carolinians. Do not leave liability up to an insurance company. To request a free consultation* with an accident attorney, call our phone number, 888-HAWKLAW, or complete the online contact form to speak with an experienced team member at HawkLaw today. ### What Should I Do If My Car Is Hit By A City Vehicle? Getting involved in a car accident is stressful enough with so much to consider, including physical recovery and medical bills. It can be one of the most stressful events in a driver's life, with significant pain and suffering that lasts long after the initial police report. Still, things get even more complicated when the accident involves a city vehicle. When another driver hits you on the road, the rules of liability are typically fairly straightforward, but the involvement of a city vehicle can change things a bit. Just because you are involved in an accident with a city vehicle does not mean there is no recourse for seeking damages. You just need help from the experienced South Carolina car accident attorneys at HawkLaw. Learn how to make the most of a personal injury lawsuit after an accident with a city car, and discover how to move forward with a case against the city if that applies to your unique situation. Can I Sue the City for Damage to my Vehicle? Any city vehicle you get in an auto accident with is going to be under the jurisdiction of the South Carolina Department of Transportation. In accordance with the state laws and South Carolina Claims Tort Act, you can, in fact, sue this department for vehicle damage after an accident. State entities will defend themselves in court fairly severely, so it is always best to have an experienced personal injury law attorney by your side throughout the process who is willing to go to court if necessary. How Do I File a Claim Against SCDOT? How you file a claim against the South Carolina Department of Transportation or SCDOT depends mainly on the extent of the damages. You can simply fill out an online form on their official website for minimal damages. The process is relatively straightforward, with only three steps listed as necessary. First, you will need to see if you have an eligible claim. Their site lets you use a street finder feature to determine whether or not the road that the accident occurred on is under the jurisdiction of SCDOT. Second, you must fill out the damage claim form and provide additional documents. These include at least two repair estimates, a paid invoice, and your vehicle registration. The photos of damage are optional, but you should typically have those too. Finally, submit all the relevant documents online or by snail mail to the SCDOT customer service center on Park Street in Columbia. Remember that the name on the vehicle's registration must be the same as the person named as the claimant in the claim to be valid. Plus, the signature needs to be properly notarized before submission. When submitting pictures, it is important to document everything relevant you can, including damages to your vehicle, injuries you may have suffered, the state of the city car, and any hazardous road conditions that may be present. For significant damages, however, things may be a bit more complicated. Any claim that exceeds thousands of dollars in damages, like wrongful death, will likely be taken to court, while anything less is often settled outside of it. Determining what qualifies as too much to be settled outside of court can be challenging, so you should always get legal advice on your personal injury case from lawyers before moving forward with your claim against SCDOT. How Do Poor Road Conditions Affect a Claim? Much like virtually every other factor regarding damage claims, the influence of road conditions varies on a case-by-case basis. Which municipality controls the roads plays a significant role in these cases. Roads are always owned by the government, of course, but the jurisdiction varies from the local government to the federal government. The owner of the road would be liable for all the damages caused by hazardous conditions there in most cases. There are exceptions to this, of course, such as when construction occurred on the road that created hazardous conditions. In those cases, the construction company may be liable rather than the government agency that owns the road. A major factor in these cases is whether or not the government entity in question knew about the road conditions and took action in a reasonable manner to mitigate the damage as much as possible. What Road Conditions Might Lead to Damage to Vehicles in South Carolina? Road conditions can lead to accidents, such as potholes , pavement drop-offs, overgrowth, narrow lanes, and lack of lane markings. A weak shoulder or missing signage for hazards like sharp curves can also be a severe problem. Even if lane markings are present, they do not do much good if they are unclear or confusing. These road conditions and similar factors are essential to keep in mind because the South Carolina Tort Claims Act has several exceptions for SCDOT that grant them immunity from liability. For example, they can only be held responsible if they have been given reasonable time to remedy something like missing signage. However, what qualifies as "reasonable time” can be a bit complicated, so you will want an experienced personal injury attorney by your side to help argue your case if it goes to court. What Is the Statute of Limitations in South Carolina? For South Carolina injury claims involving state cars or poorly maintained state roads, you have a two-year statute of limitations. Note that this two-year limit starts from the occurrence of the accident that created any injury victims. These two years are also the limit for injuries caused by the accident. If you are looking to file a claim for property damage, the statute of limitations is even smaller, with just a single year from the date of the accident to file a claim. Once you file your claim within the allotted period, the SCDOT has limited time to respond. Note that their insurance company can also carry out this response. Either way, the state government has just 180 days to decide regarding the claim and notify you whether it has been paid or denied. Bring Your Case to Us! Navigating an accident with a city vehicle can be tough on your own, but the car accident lawyers at HawkLaw will stand by you throughout the entire process. The city and any kind of South Carolina government entity will push back hard on claims that are particularly threatening to them. Still, you may be entitled to damages worth more than they are typically willing to pay. At our law firm, we fight for you, and we fight to win. To request a free consultation* and case evaluation, call our phone number, 888-HAWKLAW, or complete the online contact form to speak with an experienced personal injury lawyer at HawkLaw today. ### In A Multi-Vehicle Accident Who Is Held Liable? The damage resulting from a multi-vehicle accident is usually serious, whether it be personal injury or property. Finding out who is at fault for your car accident is imperative as the negligent driver needs to be held accountable.  Multi-vehicle accidents tend to be quite complex due to the number of drivers and insurance companies involved. Many scenarios could cause this type of accident, and the at-fault party may not always be who you would think. Have you or a family member recently been involved in a multi-vehicle accident? If so, the experienced attorneys at HawkLaw, P.A. are ready to help litigate your accident claim and negotiate on your behalf. Call our law firm today at 888-HAWKLAW to speak to a member of our legal team and schedule a free consultation* with a car accident lawyer. What is Considered a Multi-Vehicle Accident?  A multi-vehicle accident is a collision that involves no less than three drivers. This type of crash is often described as a “chain reaction accident” or “car pile-up”.  Chain reaction crashes can be dangerous and lead to serious injury or wrongful death. These crashes are typically triggered after one driver rear-ends the car in front of them, and the second car experiences a force that pushes them to crash into a third vehicle in front of them, and so on. Some of the biggest multi-vehicle accidents in U.S. history have involved more than 200 vehicles. However, sometimes a middle car or the one in the front could actually cause a massive crash, depending on their driving behaviors and/or other circumstances. Sadly, South Carolina is no stranger to multi-vehicle accidents. It is common to hear of frequent reports across state news outlets where these crashes lead to injury and death, such as one tragic accident occurring last summer that involved six cars, leaving three people dead and causing injuries for eight others. Considering the fact that major roadways, such as I-95, I-77, I-26, and other primary roads, pass through the state, the high speeds involved can be deadly, especially when multiple cars are involved, leaving numerous victims injured or worse. What Are The Common Types of Multi-Car Accidents? Pile-up crashes can occur in a variety of scenarios, and this type of accident can get sticky very quickly from a legal perspective when attempting to determine fault. The most common causes of multi-car accidents occur from rear collisions, sideswiping, side impact, and driving head-on into oncoming traffic.  In rear-end collisions, it is common for the car at the end of the chain to be faulted, but this may not be the case. If other drivers were not obeying traffic laws or acting in a negligent fashion, these factors are also contributors, and blame may be shared. An experienced car accident attorney who is well-versed in South Carolina motor vehicle accident law can help injury victims in the aftermath of a multi-vehicle collision. What Are Common Causes of Multi-Car Accidents? Human behaviors are often at the root of multi-car accidents. Common causes of multi-vehicle crashes include speeding, intoxication, weather conditions, and distracted drivers. Speeding Drivers exceeding road speed limits and not keeping a safe distance from the driver in front of them can hit another slower-driving car. In busy highway conditions, chances are another car is right behind them, which instantly becomes a chain reaction crash. Due to speed, drivers have no time to react to avoid a collision. Distracted Driving Distracted driving has unfortunately become very prevalent. In 2020, more than 3,100 fatalities occurred in the U.S. due to drivers not paying careful attention when operating a motor vehicle. Texting, dialing, GPS, web surfing, eating/drinking, and adjusting music or other settings can all take a driver's eyes off the road. Intoxication Using drugs (even some prescription drugs) or alcohol and then getting behind the wheel is a recipe for disaster. Impairment directly impacts a driver’s good judgment for safe driving practices. Sadly, multi-car crashes are commonplace when impaired motorists are driving erratically or too fast, causing traffic accidents. Weather Conditions Many highway pileups occur when adverse weather conditions are present. In the north, you typically hear of major multi-vehicle car accidents due to snow squalls. That is less of a problem here in South Carolina, but when ice or snow occurs, it can bring roadway activities to a standstill. Other adverse weather conditions common in our state include rain, fog, and smoke, all of which can directly create poor visibility factors and lead to crashes. Other common causes of multi-vehicle auto accidents include problematic road conditions (e.g., potholes, poor signage, etc.), reckless or aggressive driving, tailgating, drowsy driving, vehicle malfunction, and rubber-necking. Unfortunately, all of these and other irresponsible behaviors lead to injured people, or worse, cause fatalities. Who is at Fault in a Chain Reaction Vehicle Accident in South Carolina? Due to South Carolina’s modified comparative negligence law, it is important to ascertain who is responsible for a multi-vehicle crash. Under this law, plaintiffs are only eligible to file a personal injury lawsuit if they are deemed to be less than 51% responsible for the collision. Pile-up accidents typically are difficult to ascertain blame. Under South Carolina law, the driver with 51% or more fault of the accident is liable for the crash. The amount of fault a plaintiff has reduces the amount of damage the at-fault party is responsible for paying. Multiple parties may be at fault for the crash. Remember, as a multi-vehicle accident victim, you can pursue compensation as long as you are found to be less than 50% at fault for the accident. If you have a 51% or a higher percentage of fault, this directly impacts your ability to collect compensation from the other drivers. Do I Need an Attorney If I Am Involved in a Multi-Car Collison?  Working with an attorney who has experience with multi-vehicle collisions can help better your chances of not being the primary party at fault since they can help get to the bottom of who truly was at fault. Insurance companies will either offer a terribly low settlement or try to shift the blame to you so that they do not have to pay compensation. Generally, you cannot trust insurance companies to work in your best interests. Your attorney will: Investigate the crash, gather evidence, and contact eyewitnesses. Examine details in the police report to help identify the at-fault driver. Intervene with insurance companies and serve as a go-between so they cannot trick you into inadvertently admitting fault. Help to identify the defendant(s) who can be held accountable for causing the multi-car crash. Collect all documentation relating to any injuries you sustained, along with property damage. File all relevant paperwork for an insurance claim or, if necessary, a personal injury lawsuit. Present all evidence relating to the crash to get all the right information out in the open. Provide sound legal advice about your injury claim to give you the best chance of success. Keep in mind, other people involved in the accident will likely have attorneys by their side. You should not be the only one standing alone because the other parties will have experience on their side if the case ends up in court. Statistics suggest accident victims who hire a personal injury lawyer will get more compensation than those who do not, even after attorney fees are deducted. Caught in a Multi-Vehicle Accident and Unsure of Your Next Steps? Multi-car collisions are very complex in nature. Everyone is likely going to be pointing the finger at everyone else. Working with a knowledgeable South Carolina injury lawyer can better your chances of receiving compensation in your accident case. You also improve your chances of other motorists’ attorneys or insurance companies pinning the accident on you, as they do for so many others who do not work with an experienced attorney. If you or a loved one were involved in a chain reaction crash, you do not have to feel helpless or alone. The caring and compassionate attorneys at HawkLaw are here for you every step of the way. HawkLaw Fights to Win. To obtain a free case evaluation,* call our phone number at 888-HAWKLAW. If you prefer, you can complete our online contact form. A member of our legal team will get right back to you. Hawklaw, P.A. serves areas across the state of South Carolina, including Charleston, Columbia, Spartanburg, and Greenville. ### If You Are Injured In A Skydiving Accident Who Is Liable? Many people who go skydiving look forward to the rush of adrenaline that comes from jumping off a plane. Yet, skydiving is a risky activity, with even experienced jumpers sometimes suffering serious injuries or fatalities. A South Carolina man tragically died this past September, despite having previously completed over 1,000 successful jumps. Even those heavily experienced in skydiving can suffer from serious personal injuries at any moment. Before you go skydiving, it is important to understand the risks and what you can do to prevent liability for your injuries. If you find yourself injured in a skydiving accident in South Carolina and want compensation, call the compassionate personal injury lawyers toll-free at HawkLaw, P.A. at 888-HAWKLAW to obtain a free consultation.* Our legal team can examine your case, explain your legal rights, and determine who is the liable party in your injury case. What Are the Most Common Causes of Skydiving Accidents in South Carolina? Most skydiving accidents result from human error — oftentimes from experienced skydivers trying to push their limits, but this is not always the case. Common causes of recent skydiving accidents include: Cutaway-low reserve deployment Incorrect emergency procedures Incorrect weight and balance calculations Medical-physical health Medical-mental health Non-turn related Low turn – intentional Low turn – unintentional Failure to keep proper airspeed during the flight Lack of oversight or enforcement from the FAA Other causes can relate to no pull, pilot error, inadequate pre-flight safety checks, improper packing of chutes, low deployment, parachute malfunction, freefall collision, equipment problems (including defects), entanglement instability, canopy collision, and collision with an aircraft. The lack of a skydiver’s experience, along with poor training, supervision, and inadequate directives by a skydiving instructor, can also contribute to a skydiving accident. Who Can I Sue After a Skydiving Accident? Whether or not you can sue after a South Carolina skydiving accident depends on the cause of your injury. Skydiving companies in South Carolina require skydivers to sign waivers of liability before the company permits them to attach themselves to a parachute to be ready for a jump. This document indicates the skydiver waives their rights to sue the skydiving company if they become injured. However, signing a document does not mean you completely waive your right to sue because this waiver does not shield the skydiving company from liability if gross negligence contributes to an accident. The waiver also does not protect other potential at-fault parties who may contribute to the cause of a skydiving accident if carelessness, negligence, and/or recklessness can be proven. Liable parties may include: Skydiving company Equipment manufacturer Pilot Skydiving plane Speaking with a knowledgeable personal injury lawyer who is experienced with South Carolina liability law and familiar with the ways a skydiving company or another party can be held responsible can help you to build a stronger case. Your attorney can assess your situation and determine whether or not you have the ability to successfully file a claim against a negligible party. How Do I Prove Negligence in a Skydiving Accident? When a party does not follow the appropriate standard of care or commits an egregious action that leads to an accident, this constitutes negligence. Negligence is one of the primary mechanisms you can use to sue someone in the event of a skydiving accident. However, in South Carolina, you must prove a party was negligent and can be directly linked to contributing to your injuries or wrongful death. Duty. Establish the relationship between the plaintiff and the defendant and then prove the at-fault party owed a duty of care. Breach. Prove the defendant committed a breach in the standard of care. Causation. The plaintiff must successfully show the defendant’s breach of the standard of care that caused the injury. Working with a skilled attorney who is experienced in South Carolina liability and product liability law and knows the steps to prove liability can go a long way towards your having a successful outcome of your case. Can I Sue for a Skydiving Accident Even After Signing a Waiver? Absolutely! You or a loved one can sue a skydiving operation for accident injuries even if you signed a waiver. The waiver you signed only protects the skydiving company; it does not protect against equipment failures and gross negligence. This means if you and your accident attorney can prove either of these, you can more than likely have success with a personal injury claim or a wrongful death claim. The law requires all skydiving operations to carry liability insurance. Individual instructors also often carry their own insurance policy as well. The state of South Carolina places a three-year statute of limitations for accident victims to file a lawsuit. The “clock” starts ticking on the date of the accident. In cases of wrongful death, the time restriction begins on the date the accident victim passed away. There are some exceptions that may shorten or lengthen the statute of limitations. We recommend you speak with an experienced accident attorney as soon as possible so you know your rights, which can help you to make your decision. Plan to Go Skydiving? Here’s How to Prevent Skydiving Injuries Planning your day of skydiving activities is exciting. Being proactive about safety will go a long way toward preventing injuries. Good rules of thumb to follow should include the following steps. Research Your Skydiving Company Thoroughly All skydiving companies should obtain certification through the United States Parachute Association (USPA). Also, check to see if the company is legitimate through thorough research, and then speak to people you know to get referrals and check online reviews. The USPA’s website is a great research tool to use to choose a good skydiving center. Read Your Waiver or Release Agreement Carefully Anytime you must sign a legal document, always read it in its entirety. It outlines the risks and stipulates the company’s legal rights. Violating this agreement can lead to an unsuccessful lawsuit. Protect yourself by following all directives when putting on equipment, listening to the training, or following other directions. If you read something in the waver that concerns you or just does not feel right, do not take the risk. Wear the Right Equipment Before you embark upon your flight, make sure your suit fits well, choose the right harness, and wear a helmet. While protective gear is not the most fashionable and might feel cumbersome, it truly is important to help protect yourself and your family against serious injuries, such as traumatic brain injury or spinal cord injury. Your equipment should also be designed with an automatic activation device (AAD) to force your parachute to open if you panic or otherwise forget or cannot pull it. (If the AAD fails, this could constitute product liability.) Eat Before You Skydive It may seem counterintuitive, but always eat something before jumping. If you do not eat, you may get lightheaded and faint. Avoid unhealthy food, such as grease-laden items, because you may feel lazy, lethargic, or nauseous. Eat light and healthy! Finally, always follow all directions given to you by your instructor, and be sure you hear them before the jump. Once in the air, it is almost impossible to verbally communicate and ask what hand signs you should know. Personal Injuries Can Occur on More Than Land Skydiving can be a thrilling experience that can quickly turn tragic in the event of an accident. If you or a loved one suffers injury due to someone’s negligence, the caring and compassionate attorneys at HawkLaw are here for you. Our law firm highly values our attorney-client relationships and goes the extra mile for people struggling in the aftermath of their injury, be they skydiving accidents, car accidents, truck accidents, or any other type of injury incident. If you sustain an injury as a result of someone’s negligence, the South Carolina personal injury attorneys at HawkLaw can help you. Call us for a free case evaluation* at 888-HAWKLAW or complete our online contact form. ### Is Brake Checking Illegal in South Carolina No one likes being tailgated. Drivers following too closely behind you can make you feel unsafe, especially if you need to stop short. However, if you drive recklessly to stop tailgaters, you can be held liable for a car accident, too. When your car is rear-ended, the other driver is almost always at fault, so resorting to unsafe driving practices such as brake checking only puts you at risk for liability. HawkLaw can hold the reckless driver liable for your injuries, whether you are being tailgated or brake checked. Call our office at 888-HAWKLAW to set up a free consultation* with our dogged South Carolina personal injury lawyers. Is It Illegal to Brake Check Brake checking is deemed reckless driving under South Carolina Uniform Traffic Law Section 56-5-2920, meaning you can expect to be held liable for damages. This law essentially states that anyone who drives a vehicle in a manner that indicates a willful or wanton disregard for the safety of others and their property is deemed guilty of driving recklessly. By tapping or slamming on your brakes, you are showing a wanton disregard for the safety of everyone around you. South Carolina follows a modified comparative negligence standard. That means a driver who is even 1% at fault may be liable for damages caused by an accident. As such, evidence to prove who is at fault and to what degree will be essential for your personal injury case. For example, if you rear-end the car in front of you, the front driver, or brake checker, may also share in the responsibility for the car accident. There are also consequences for brake checking. You can receive a ticket for reckless driving from brake checking. In turn, this ticket can add six points to your driver’s license and possibly result in a fine. If the police ticket you a second time for reckless driving, it will result in the suspension of your license. What is Brake Checking? Brake checking is when a motorist either taps or slams on the brakes to scare or warn a driver traveling too close behind to back off, often resulting in a rear-end collision. There are various reasons for brake checking. You may be driving along, enjoying the scenery, or talking to your passengers when you notice someone tailgating you. This can either make you nervous or angry, and neither emotion is good to experience when behind the wheel of a car. Either way, you may try to discourage the tailgating driver by brake checking, attempting to send them a message to back off and that they are getting too close for comfort. Another reason some drivers brake check is to exact a form of revenge on a driver who was perhaps driving too fast or too slowly. Road rage may even be involved after one driver cuts off another in a perceived act of disrespect or aggression. The offended driver overtakes the other car, pulls in front, and then taps or slams on the brakes before returning to a regular speed. Were You Injured in a Auto Accident? HawkLaw Is Committed To Fighting For The Compensation You Deserve FREE CONSULTATION* 888-HAWKLAW Regardless of the reason, brake checking is unsafe and considered reckless driving. The better option is to slow down and pull your car over in a safe location, letting the tailgating driver pass. If you feel threatened, however, call the police. How to Prove Brake Checking Was Involved in an Accident In South Carolina, proving you were brake checked and that it led to the rear-end collision is a complicated process. Video footage from a dash cam or other camera, such as another individual's cell phone, will be a key piece of evidence to prove brake checking occurred and contributed to the auto accident. Also, be sure to contact law enforcement and obtain a police report. You will need to prove negligence in your car accident case. To do so requires compiling enough evidence to show that the driver in front of you tapped or slammed on their brakes for no identifiable cause, leaving you limited space or time to bring your vehicle to a stop. Whether you were tailgating or not, as the rear driver, you do not have to take all the blame. While the other driver may falsely claim to be brake testing at the time with no intention of causing an accident, you can still work with an experienced car accident lawyer to pursue your case under modified comparative negligence. Proving you were brake checked can be difficult, but video footage or eyewitness accounts may help your case. For this reason, always ask for the contact information of any eyewitnesses, including your passengers, other drivers, and bystanders. What Injuries Result from a Brake Checking Accident? Often, a brake check causes you to rear-end the other driver, suddenly change lanes, or swerve into oncoming traffic. When rear-end crashes or other accidents occur due to brake checking, common injuries often include the following. Whiplash Injuries Whiplash is the most common injury suffered by accident victims. It happens when the neck is forcibly jerked forward and backward upon sudden impact. Injury to the neck’s muscles, tendons, and discs can occur. Signs of whiplash include neck stiffness and pain, numbness in your arms or hands, shoulder pain, dizziness, and tinnitus. Concussions and Traumatic Brain Injuries Concussions and traumatic brain injuries (TBIs) are also common in accidents. These serious injuries occur when someone is involved in a sudden trauma where the brain is jostled within the skull or the head receives a sudden blow or jolt, causing damage to the brain. Your head may impact some part of the vehicle’s interior during the car crash, resulting in a traumatic brain injury that can be mild or extremely severe. Back Injuries Injuries to the back often result due to the force of impact experienced in a rear-end car crash. Such injuries can occur in the thoracic and lumbar regions of the back and may result in nerve damage and more. Common back injuries include herniated or ruptured discs and spinal cord injuries, which may be temporary or permanent. Accident victims can also experience spondylolisthesis, the displacement of a vertebra by a stress fracture. Sprains and strains, called soft tissue injuries, to the muscles, ligaments, and tendons located in the back also can occur. These types of injuries may be subtle at first or not show up at all right away. Signs of a back injury include mild to severe pain, numbness, headaches, lack of mobility, and even difficulty breathing. These symptoms can begin immediately or in the days following brake checking accidents. Other injuries or a wrongful death can also result from a brake checking accident. If you are injured or lose a loved one in an accident, consult with the law offices of a personal injury attorney immediately. With legal advice, you can determine how to move forward with a personal injury claim or wrongful death lawsuit. Some Drivers Just Take It Too Far. Fight Back. Brake checking is reckless driving. If you sustained injuries after a brake check, HawkLaw could help you hold the other driver accountable. Get in touch with the client-dedicated personal injury lawyers today at our law firm and request a free consultation* by calling 888-HAWKLAW or by completing our online contact form. ### Do You Have to Call Police After a Minor Car Accident Car accidents, even the most minor ones, can shake you up enough that you forget what needs to be done. Even if you are feeling okay and the damage looks minor, you often will not truly know the full impact of an accident until later. At that point, it might be too late for you to receive any compensation to cover medical bills, lost wages, or other financial and medical care issues that emerged as a direct result of the accident. If you suffer a car crash in South Carolina, it is always best to call the police to the scene so you have their report as official documentation of what transpired. A police report proves helpful if later you hire an attorney to file a personal injury suit against the other driver, especially if you discover your injuries and property damages were not as minor in the crash as initially believed. Official reports also typically prove to be critical evidence for your South Carolina accident lawyer to use in your accident injury case. If you or a loved one were involved in any kind of auto accident, HawkLaw, P.A. can help. To request a free* consultation, call 888-HAWKLAW today. Do You Have to Call Police After a Minor Accident In South Carolina, it is not required by law to call the local police for a minor accident, such as a fender bender. Should You Call The Police For a Fender Bender Most car accident attorneys will highly recommend calling the police after a minor car accident. What Happens if You Don’t Call The Police After an Accident On the surface, any property damage done to your car may not appear to be over $1,000, but you might later discover the damage is far more costly. Modern cars can’t simply be dented out, sanded, and painted; most of the time, car panels, bumpers, and other pieces must be completely replaced, which can be extremely costly, even for minor damages. A copy of the police report can prove to be very useful if this occurs. Should You Call Your Insurance Company After a Minor Accident Yes. An insurance adjuster could deny you any sort of compensation if you file later on that you sustained injuries in a crash since you did not gather evidence or have police report for. The incident report filed by the police department contains all the key factors required when filing a car insurance claim. Details at the scene of the accident will include but are not limited to: the date, location, time, parties involved, driver statements, and contact information for witnesses. A law enforcement officer will also record in an accident report any other factors that may have contributed to the minor motor vehicle accident such as wet roads, bad weather, poor lighting, potholes, or anything else that could have caused an impact. What Information Do You Need From the Other Driver If You Do Not Call the Police? Under certain circumstances (e.g. minor collisions in parking lots), police may ask the people involved in a minor accident to exchange information at the scene of an accident. Here is what you will want from the other driver: Full Name and Contact Info Obtain the other driver’s full name and contact information, including address and phone number. Chances are their insurance company will ask for this information when you call them to file a car accident claim. Insurance Company and Policy Number All drivers in South Carolina are required to carry liability and uninsured motorist coverage. Take a photo of the other driver’s insurance policy card if possible. If not, ask them for the name of their insurance company and their policy number. Make, Model, and Year of the Car Note down the other car’s make, model, and year. This is also information the other driver’s insurance company will ask for when a claim is filed. Driver’s License Unfortunately, unlicensed drivers sometimes offer fake information to avoid getting in trouble. Ask the other driver for their driver’s license information so you can copy it down. License Plate Write down the license plate number and/or take a photo of it to have as proof later on. If the other driver refuses to share their driver’s license or insurance information, consider this a red flag. Call the police and insist they stay until law enforcement arrives and let the police extract the information to see if the other person was actually licensed to drive. If you experience a hit-and-run traffic accident, always call authorities. How Long Do You Have to Report an Accident in South Carolina? In South Carolina, if injuries or damage exceeds $1,000 and the police were not called, you have fifteen (15) days to submit a report to the Department of Motor Vehicles (DMV) in accordance with SC code 56-5-1270. Can You Still File a Police Report Days After a Car Accident? State law outlines if you are seeking to obtain a police report, it needs to be done within 24 hours from the time the accident occurred. Otherwise, you have fifteen (15) days to file an accident report with the DMV. What Is the Difference Between a Police Report and an Accident Report? While often confused, there are some key differences between a police report and an accident report. A police report created at the scene of an accident will usually establish fault. This report can be used later for insurance companies and if you plan to file a suit against the other driver. An accident report is a document filed with the DMV; a police report will usually generate a DMV report. The latter is only required if the police were not called to the scene of the crash. If you fail to file the accident report, you could have your license suspended or face criminal penalties. Minor Accidents Can Still Be a Major Headache On the surface, minor accidents might not seem like a big deal, but in the end, they can turn into a major headache. If you or a family member were involved in a minor crash, it is a good idea to obtain a legal consultation from an experienced personal injury attorney, especially if you begin to suffer pain or learn the damage to your car is far more costly than you anticipated. To request a free consultation*, call 888-HAWKLAW or complete the online contact form to speak with a member of our law firm today. HawkLaw Fights to Win, and our car accident lawyers promise to offer sound legal advice and stand with you every step of the way. ### How To Determine Permanent Disability In Workers Comp A work-related injury that leaves someone permanently disabled is more common than you think. In 2021, almost 8 million people across the United States received permanent disability benefits and payments from workers’ compensation, Social Security, or the like. More than a half million recipients of disability benefits that year were new applicants. If you are left with a permanent personal injury that affects your ability to work, whether it is total disability or permanent partial disability, workers’ compensation insurance is supposed to cover you. Unfortunately, the insurance company will look for reasons to avoid paying your long-term disability claim. An experienced workers’ compensation attorney can help you get as much compensation as possible. Your family should not have to incur the cost of your permanent disability. According to a Lawyers.com study, workers who hire a personal injury workers’ compensation lawyer are twice as likely to be satisfied with their workers’ compensation benefits settlement as those who do not. Let the South Carolina workers’ comp lawyers at HawkLaw help you with legal advice and assistance. What Does South Carolina Workers’ Compensation Consider Permanent Disability? Under South Carolina Workers’ Compensation Commission laws, once you reach a state of maximum medical improvement, or MMI, your doctor will evaluate you to determine if you have any lasting disability. If you do, they will determine to what extent it impairs your ability to work. To qualify for permanent disability benefits in SC, you must have specific injuries, or the injuries you have must apply against a schedule regarding the loss of use of a body part, or you must have a loss of earning capacity. If you need help determining what disability benefits you qualify to receive, call 888-HAWKLAW or complete our online contact form to request a free consultation* with an experienced personal injury lawyer today. We have offices in Charleston, Greenville, Columbia, and Spartanburg to best serve every resident in South Carolina! How Is Disability Determined Under South Carolina Workers’ Compensation Law? Your doctor determines the extent of your disability and how it impacts your ability to return to work. They are responsible for evaluating your injury and level of recovery, and for assigning a percentage of physical impairment. The impairment rating they give you is a vital piece of the puzzle when determining disability, but it is not the only factor. The type of work you do and your training, age, experience, and education level also come into play. What Are the Different Types of Permanent Disability Benefits? The two types of permanent disability workers’ compensation benefits are total disability and partial disability. As outlined above, these are based on the level of injury you suffer. Permanent Total Disability Permanent total disability assumes that you will never be able to do any sort of work again for the rest of your life. The rate of disability payments is equal to two-thirds of your average weekly wages before your injury. There is a maximum cap on payments that is re-evaluated and changes every year. Permanent Partial Disability Permanent partial disability means that you are not able to work at your full pre-injury capacity, but you may still be able to do some sort of work, even at a reduced capability. As with permanent total disability, the rate is two-thirds of your average weekly wage. The biggest difference between partial disability and total disability is the number of weeks you can receive benefits. With partial disability, you may be entitled to vocational rehabilitation if the injury allows you to still work, but you need to change careers as a result. How Long Does Workers’ Compensation Pay for Permanent Disability Benefits? The idea behind workers’ comp is that it lasts until injured workers have recovered from their injuries. In the case of a permanent disability, however, the worker will never fully recover. Disability benefits in South Carolina usually have a 500-week limit. If, however, you are totally disabled and have become quadriplegic or paraplegic, or have suffered brain damage from a permanent physical brain injury, the benefits can last for life. Permanent partial disability gets a little more complicated. When you experience the loss of a body part, the schedule lists a duration for each body part. The schedule, for example, provides 140 weeks if you lose a foot. If, on the other hand, you lose only 50% of the use of your foot, you would get 70 weeks of benefits. Loss of use of your back is somewhat different. If you lose 49% or less of the use of your back, you get a maximum of 300 weeks of workers’ comp, and if you lose 50% or more, you get 500 weeks. There are three ways to determine how someone can recover compensation after a permanent disability. Specific Injuries If, as a result of your injury, you have lost both hands, both shoulders, both feet, both legs, or both hips, you qualify for total disability under specific injuries. You can also apply if you have lost vision in both eyes, or any combination of the above. Likewise, if you lose at least 50% of the use of your back, you will be considered permanently, totally disabled. Compensation Based on Scheduled Loss If your injury has led to permanent loss of part of your body, or permanent loss of the use of part of your body, you may receive partial disability under South Carolina law. This includes things like a neck injury, kidney damage, or neurological damage. In such a case, you will get a “whole person impairment rating,” which is expressed using a percentage. That rating will determine the length of your benefits based on the equivalent proportion of 500 weeks. A 50% permanent disability, for example, would entitle you to payments for 250 weeks. Compensation Based on Lost Earning Capacity Finally, state courts have ruled that employees who suffer a permanent disability to more than one body part can collect benefits based on an economic model, or on your loss of earning capacity, if that would result in higher compensation. If, for example, you suffer impairments to your back and one leg, you may decide to collect benefits based on your reduced earning capacity instead of the schedule of injuries. You can, essentially, choose to receive two-thirds of your average weekly wages pre-injury instead of two-thirds of the difference between pre-injury wages and your current earning capacity. The same minimums and maximums apply, as do the durational limits. On the other hand, with this model, even if medical experts have stated that you are totally unable to work due to a permanent disability affecting a single scheduled body party, under the South Carolina schedule you may only be able to receive partial disability benefits. How Does South Carolina Determine Pay for Permanent Disabilities? Under the Workers’ Compensation Act, a workers’ compensation claim is designed to pay your medical bills and medical expenses as well as a portion of your lost earnings when you suffer job injuries. Temporary total disability benefits last until you are healed or reach a point of maximum medical improvement. The earnings loss continues after your medical treatment is done in the case of permanent disabilities, with a maximum of 500 weeks or a limit prorated against your percentage of disability. As previously stated, the rate of pay is two-thirds of your pre-injury weekly compensation for a specific period of time based on your specific injury. Can I Still Get Compensated After My Workers’ Compensation Benefits End? Yes, you can apply for adult disability benefits through the Social Security office. To apply for disability benefits, you must be at least 18 years of age, not be currently receiving benefits on your own record, have not been denied benefits in the last 60 days, and be unable to work due to a long-term disability, a medical condition expected to last for at least 12 months, or one that is expected to result in death. If you have recently had an application for disability benefits denied, you can file an internet appeal as a starting point to ask the administration to review the determination and challenge the denial. You may need medical evidence to support your claim. Filing for Social Security Benefits The first thing to do is print out and review the Adult Disability Checklist from the Social Security Administration. This checklist will help you gather the medical evidence and information you will need to complete the application. You will then need to fill out and submit the benefits application and medical release form. A qualified South Carolina workers’ compensation law firm can help you collect these benefits, fill out your forms, and avoid critical mistakes. They can also gather the necessary medical evidence for your personal injury to support your case. You Deserve Justice for Your Injuries Whether it is due to a heavy equipment failure, a slip and fall on the way to the bathroom, or a car accident while heading to a client meeting, you deserve workers’ compensation benefits for your on-the-job injury. A permanent disability can cost you hundreds of thousands over the course of your life. At the HawkLaw law firm, we know the value of your injuries, and we can help you get the compensation you deserve. We have represented clients from all over the state. Studies have shown that having an injury lawyer in your corner can help you get as much as three times the settlement as you will get without an attorney, on average. Get in touch with us at 888-HAWKLAW or complete our online contact form to request a free consultation* with an experienced personal injury lawyer today. Let HawkLaw fight to win you the money you deserve. ### Did Camp Lejeune’s Water Cause Dental Issues? The contaminated water supply at Marine Corps Base Camp Lejeune in North Carolina left millions exposed to toxic water over a period of decades. The toxic chemicals found in the base’s drinking water can have devastating effects on your health. If you or a family member has been exposed to the toxins and have one of the medical conditions or symptoms listed below, you might be able to file a lawsuit under a new law recently passed by Congress. The personal injury attorneys at HawkLaw want to help you recover compensation for your health conditions caused by Camp Lejeune’s contaminated water. How Can the Camp Lejeune Justice Act Benefit You? Congress enacted the Camp Lejeune Justice Act in August 2022 as part of a larger bill providing benefits to U.S. military service members, known as the Honoring Our PACT Act. The law rectifies years of injustices, in which the Department of Veterans Affairs (VA) denied disability benefits to people who suffered from illnesses caused by the Camp Lejeune water contamination. It also follows multiple Camp Lejeune water contamination lawsuits. Under the new law, anyone may recover damages for health effects caused by exposure to toxic chemicals if they meet the following criteria: They spent a minimum of 30 days on the base between August 1, 1953, and December 31, 1987. They suffer from a health condition connected to the toxic chemicals found at the base, including various forms of cancer and other illnesses. The law applies not only to service members and their families, but also to civilian employees, contractors, and others who were present at the base during the 34-year time period. It provides a right to a jury trial that is not available in other claims against the federal government. Qualifying individuals can sue the government in order to recover damages. They must prove that they meet all of the eligibility criteria. They do not have to prove, however, that the government was negligent, or that the contaminated water at Camp Lejeune directly caused their illness. Even if your health condition does not appear on the VA’s list of illnesses that are “at least as likely as not” to be related to toxic water exposure, you may still be able to file a lawsuit under the new law. Some dental issues, for example, might not specifically appear on the VA’s list, but they can still qualify as a health condition related to Camp Lejeune. Are There Long-Term Effects of Camp Lejeune Contamination? The Agency for Toxic Substance and Disease Registry (ATSDR) is in the process of conducting a five-year research study about the development of birth defects and cancer due to the contaminated water at Camp Lejeune. Dental issues are among the birth defects included in the study. The study is focusing on two groups: Women whose exposure to contaminated drinking water occurred while they were pregnant and whose children may have developed congenital disabilities or cancer as a result. Children whose toxic water exposure occurred before they reached the age of one, which may have put them at a higher risk of childhood cancers. What Are the Diseases Associated With the Camp Lejeune Water Contamination? The VA has created a list of health problems that people who came into contact with the contaminated water might be experiencing. All of these medical conditions are associated with the volatile organic compounds (VOCs) found in the base’s water supply and are eligible for compensation under the Camp Lejeune Justice Act. Adult Leukemia This type of cancer affects the cells in the bone marrow and lymphatic system that produce blood cells. Instead of producing healthy white blood cells to help fight infection, the bone marrow produces abnormal white blood cells in large numbers. Leukemia can occur in many different forms. Some are more common in children, while others primarily occur in adults. Aplastic Anemia This condition involves the body’s inability to produce a sufficient amount of new blood cells. It can cause fatigue and a higher risk of infections. It can also impede the blood’s ability to clot. Bladder Cancer This is a fairly rare form of cancer that begins in the cells lining the bladder. Common signs of bladder cancer include blood in the urine, excess need to urinate or difficulty urinating, pain during urination, and frequent bladder infections. Kidney Cancer The kidneys are among the most important organs in the body since they filter toxins out of the bloodstream. Poor kidney function can have catastrophic health effects. Kidney cancer can cause severe pain, high blood pressure, urinary problems, and other health issues. Liver Cancer The liver also plays a crucial role in filtering toxins out of the bloodstream. Cancer that begins in the liver can cause health effects like abdominal pain and swelling, weight loss, nausea and vomiting, fatigue, and jaundice. Multiple Myeloma This type of cancer forms in white blood cells known as plasma cells, which normally produce antibodies to fight infections. Instead, the cancerous cells build up in the bone marrow and produce abnormal proteins that leave the body with fewer healthy antibodies. Symptoms include a greater risk of infections, fatigue, pain in the chest or spine, weakness in the legs, and nausea. Non-Hodgkin's Lymphoma White blood cells known as lymphocytes are the source of this cancer. Abnormal cells form in the lymphatic system. Instead of fighting infections like healthy lymphocytes would do, they spread through the body and form tumors. Common symptoms include swollen lymph nodes, abdominal swelling or pain, chest pain, and sudden weight loss. Parkinson’s Disease This illness involves the loss of nerve cells in the brain, known as neurons, that produce the neurotransmitter dopamine. Patients also lose nerve endings that produce another neurotransmitter, norepinephrine. The loss of these cells and neurotransmitters results in movement problems. Many symptoms of Parkinson’s disease are well-known, including shaking and problems with coordination or balance. The disease usually progresses gradually, with symptoms worsening over time until an individual has difficulty walking and communicating. How Can I Tell If I Have Symptoms from the Water Contamination at Camp Lejeune? It might be difficult to point to Camp Lejeune as the sole or primary cause of an illness since so many of them develop years or even decades after a person experienced toxic water exposure. This is the case for many dental issues. Camp Lejeune addressed the contaminated water problem more than thirty years ago, but health problems caused by the toxic water endure to this day. Many people who were exposed are only beginning to see the resulting health effects. VOCs found in Camp Lejeune’s drinking water can cause a range of different types of symptoms: TCE Trichloroethylene (TCE) is a known carcinogen used as an industrial degreaser and for various other purposes. Exposure can cause dizziness, headaches, confusion, liver damage, or death. PCE Tetrachloroethylene, also known as perchloroethylene (PCE), is a solvent used in dry cleaning and various industrial processes. The government has classified it as a likely human carcinogen. It can harm the nervous system, impacting memory, vision, and information processing. It can also increase the risks of liver and kidney damage. How the Toxic Water Might Have Weakened Your Bones Multiple myeloma is one of the medical conditions identified by the VA as being connected to Camp Lejeune's toxic water contamination. Plasma cells affected by this disease attack your body’s bone marrow. People who are suffering from multiple myeloma often complain about weakness in their back, hips, and skull. Dental Health Issues Possible From VOCs Found at Camp Lejeune Your dental health issues might be due to the toxins at Camp Lejeune. Many veterans, family members, civilian workers, and others who drank the contaminated water have complained of tooth loss, tooth decay, and fracturing of teeth. The toxic chemicals may have affected some people’s tooth enamel, causing it to erode and expose the sensitive interior of the tooth. This is a dangerous and painful situation that leaves a person at serious risk of infection. It requires surgery to correct. Several studies have established links between PCE and/or TCE and dental health with the following health effects: Oral Cleft Defects Cleft lip and cleft palate are congenital disabilities caused by the improper formation of the lip or mouth. They can result in difficulties with feeding, ear infections, hearing impairment, and dental problems. An uncorrected cleft lip or palate can cause speech impediments as a child ages. Cleft lip: The upper lip forms during the second month of pregnancy. Tissues grow from the sides of the head and meet in the middle to form the face. A cleft lip occurs when the tissues forming the lip do not complete this process, resulting in a gap in the upper lip. Cleft palate: The palate, or roof of the mouth, begins to form during the sixth week of pregnancy. A cleft palate is the result of this the two sides not joining completely. The front or back of the palate could remain open, or both sides could have openings. Cancer Certain types of chemotherapy and radiation therapy can severely damage patients’ teeth, either directly or indirectly. This includes treatments for lung cancer, which has been linked to the Camp Lejeune water contamination. Chemotherapy that affects blood cells can cause problems with the gums and other parts of the mouth, which in turn affect the teeth. Radiation therapy can cause dry mouth, which often leads to cavities and tooth decay. Will I Be Able to File a Lawsuit Even Though I Am Receiving Benefits from the VA? You may file a claim under the Camp Lejeune Justice Act even if you are already receiving VA disability compensation for the same health issues. The legal claim is completely separate from the disability claim. Before now, the Federal Tort Claims Act barred lawsuits based on Camp Lejeune water contamination. The new law creates an entirely new cause of action to recover damages for contaminated water exposure. It allocates about $6.7 billion to compensate U.S. Marine Corps veterans and others. The VA’s denial of many claims for disability benefits by people who performed military service at the base is a major reason for the Camp Lejeune Justice Act. If you have been lucky enough to receive VA benefits, the new law will not stop you from also asserting your rights through a lawsuit. Reasons You Will Want an Attorney for the Camp Lejeune Lawsuit The attorneys at HawkLaw want what is in your best interest. You or your family member gave to this nation through military service in the U.S. Marine Corps, but the VA and others did not hold up their end of the bargain by looking after you. You or your loved one deserves compensation for any injuries. Asserting your rights can be a complicated process. You must present evidence that shows your eligibility to file a lawsuit under the Camp Lejeune Justice Act. If you are a veteran, this might involve records showing when and where you performed your military service. If you are a family member, civilian employee, or contractor, you must produce other records to prove that you were present at Camp Lejeune during the required time period. You must also establish that you or a loved one suffer from one or more medical conditions on the list of those connected to the toxic chemicals found at Camp Lejeune. This often requires extensive medical records, along with testimony from health care professionals who have treated you. You have enough to worry about as you deal with your own health issues or care for a family member. HawkLaw’s personal injury attorneys are experienced in these types of legal processes. They will ensure that your rights are protected and that your paperwork meets its deadlines. Please note that you have two years to file a lawsuit under the Camp Lejeune Justice Act, so time is of the essence. Are Your Teeth Decaying Due to the Toxic Water at Camp Lejeune? We are here to help. To request a free consultation* with an experienced personal injury lawyer at HawkLaw, call 888-HAWKLAW or complete the online contact form today. * Camp Lejeune cases will be referred to the Bell Legal Group, located at 219 North Ridge Street, Georgetown, SC, 29442, (843) 546-2408, which is a separate law firm from and has a referral relationship with HawkLaw, PA. ### What to Expect at a Workers' Comp Hearing You have filed for workers’ compensation benefits in South Carolina only to have your claim denied. To receive benefits, you need to appeal the decision, which means you have to spend time negotiating with your employer and perhaps even attend a workers’ compensation hearing. For many injured workers, navigating the appeals process while recovering from injuries is too stressful. However, no one has to go it alone. An attorney is only as strong as their reputation. In 25 years, we have recovered more than $200 million for our clients. If you need a law firm that fights to win maximum compensation, keep reading to learn our process. When Will I Have to Attend a Workers’ Compensation Hearing in South Carolina? When your employer denies your claim or when they do not give you all the benefits you want, you may have to schedule and attend a hearing with a state workers’ compensation commission. The workers’ compensation hearing process starts with you or your attorney filing an appeal which consists of first submitting a hearing request directly to the South Carolina Workers’ Compensation Commission. Following your submission to request a hearing, the Workers’ Compensation Commission will schedule a hearing date for you. In South Carolina, hearings can be held in various locations throughout the state, and yours will most likely take place in the county where the work-related accident that led to your injury occurred. Most people will try to settle workers’ compensation disputes informally beforehand, avoiding the need to attend the scheduled hearing. Such attempts often include a settlement conference involving mediation. Here, you, your lawyer, and the insurance company will try to reach an acceptable settlement through the assistance of a neutral third party. When no settlement is acceptable to both sides, however, you will need to attend your workers’ comp hearing as scheduled. What Happens During a Workers’ Compensation Hearing in South Carolina? Knowing what to expect during a workers’ compensation claim hearing can help prepare you and alleviate the stress of the unknown. Common steps are involved, and while not as formal as a jury trial, you will still need to remain professional at all times during the hearing. The reason for a workers’ comp hearing in South Carolina is to allow you to present your case before the presiding judge. Those in attendance will include you, your attorney, the employer’s insurance company attorney, a court reporter, and the South Carolina Workers’ Compensation Commission judge. In addition, witnesses may be present, which may include physicians, co-workers, and supervisors. To start, both the insurance carrier and you will present documentation for the judge to review, and may include: Medical records Unpaid bills for medical care and treatments Paystubs or other such evidence to prove lost wages Employment records Depositions of witnesses and any corresponding records, including that of doctors who rarely attend hearings Documentation showing attempted job searches, if relevant Next, the administrative law judge will place you under oath, and you will testify about your job-related injury and how it came to be. Your workers’ comp attorney will be the one asking you questions. When your lawyer finishes their line of questioning, the lawyer for the insurance company will have a chance to cross-examine, asking additional questions. The judge may also ask more questions for clarification, if applicable. You may be the only one to testify, or witnesses for either side may be there to testify as well. These can be expert witnesses such as a vocational expert, co-workers or supervisors who were present during your accident, or the insurance adjuster who originally denied your workers’ comp claim. Workers’ compensation hearings usually last approximately two hours but can last longer depending on the case's complexity. How Do I Prepare for a South Carolina Workers’ Compensation Hearing? While you hope for a workers’ compensation settlement offer, an acceptable one may not materialize, and you will have to attend the hearing to resolve your case. If so, you will need to prepare for the hearing in the best way possible, which will benefit from the guidance of an experienced workers’ comp attorney. Gather Medical Evidence You will need to gather medical evidence, including the formal diagnosis by your treating physician and any diagnostic records (e.g., X-rays or MRIs). Your physician can provide documentation summarizing your injuries, your resulting restrictions, and your ability to work. Calculate Damages Before the hearing, you or your attorney will need to: Calculate how much you still owe for unpaid medical bills, Calculate lost wages (based on available paystubs and other such evidence), and Request post-injury earning potential (per a vocational expert) to show your reduction in wage-earning capacity. Find Witnesses In order to win your case, witnesses can play a key role. You will need to identify witnesses to depose or to attend the hearing along with you. In addition to any co-workers or supervisors who saw your accident, expert witnesses will also be helpful, so you will need to seek them out. Prepare for Questions Your legal team will help you prepare to testify by leading you through a set of questions they intend to ask during the hearing. Your attorney will also inform you of the crucial facts you need to include in your testimony. Hire a Workers’ Compensation Lawyer Worker’s compensation law can change, making the process more complex. As a result, such claims today require in-depth legal as well as medical knowledge to be successful. You will need to hire a workers’ comp case lawyer with experience and a track record of winning. You can expect your workers’ compensation attorney to take the necessary time to review your medical files and ensure you have the ones you need to serve as solid evidence in your case. Your lawyer will also schedule and attend witness depositions and build the strongest case possible. What Questions Are Asked at a Workers’ Comp Hearing in South Carolina? During your testimony, your attorney will most likely ask questions that relate to the following. Your work history The position you were in at the time of the accident that led to injury Your normal work duties How your injury occurred How you notified your employer Your medical treatment The received diagnosis Any physical limitations you are experiencing How your life and ability to work is affected due to the job-related injury Once your workers’ comp lawyer finishes with this series of questions, the insurance company’s attorney will conduct a cross-examination and may ask their own questions regarding these same topics and your given responses. How Will I Receive the Judge’s Decision on My Workers’ Compensation Case? The Judge’s decision will come only after there has been enough time to review all the presented evidence and consider each testimony given. Once made, the judge will mail you, your attorney, and the insurance company lawyer a copy of the written decision. This decision is usually issued between 30-90 days after your hearing. If the returned decision is not in your favor, you have the option to appeal that decision. The appeals process is short, so consult with state agencies or a workers’ comp attorney to ensure you meet the deadline. What Are the Chances of Winning Workers’ Comp Appeal? As a claimant, your chances of winning a workers’ comp appeal are much higher if you hire a lawyer to represent you. According to a recent survey, overall there is an approximately 70% chance of receiving a payout in either the form of a settlement or award. In that same survey, 91% of participants received a payout with the help of a lawyer. Only 51% received a payout without a lawyer. Two Decades of Helping Workers Receive Satisfactory Settlements HawkLaw has helped over 7,500 clients since opening our doors in 2002. Our experience and tenacity have helped clients receive six- and seven-figure payouts, and you could be next. Schedule a beneficial consultation with our legal team today by calling 888-HAWKLAW or completing the contact form on our website. We are strongly dedicated to helping you win, and win more! ### What Are the Different Types of Workers Comp Cases? Injured workers in South Carolina count on workers’ compensation to help pay for medical bills and lost wages. They rely on the workers’ compensation system because that is what it should do — when you get hurt at work in South Carolina, you should be able to get workers’ compensation benefits. However, actually getting benefits can be complicated and overwhelming. You might not know what rights you have or what you should do next after you experience a work injury. The best way to learn what you should do is to talk with a South Carolina workers’ compensation lawyer. It can be tempting to just take what your employer or its insurance company offers you after a work accident. You want to trust that they have your best interests at heart, and they are providing every benefit they should. However, just taking the benefits without further investigating your rights may not be wise. Instead, you may want to negotiate your workers’ comp benefits to ensure you receive full compensation. At Hawk Law, P.A., we help injured workers get all of the workers’ compensation benefits they deserve. We explain your rights and explore every avenue to get additional benefits. Our legal team can handle negotiating your South Carolina workers’ compensation claim with the insurance adjusters so you can focus on recovering from your injuries. You may be surprised to learn that injured workers who hire a workers’ compensation lawyer receive, on average, an additional $60,000 for their workers’ compensation claim compared to those who do not have an attorney. Do not make the mistake of trying to negotiate on your own — contact HawkLaw to learn more about how we can help. What Does Workers’ Compensation Insurance Cover in South Carolina? The South Carolina Workers’ Compensation Act sets out the variety of benefits available to injured employees. Essentially, if an employee suffers an injury at work and meets certain qualifications, they can receive medical benefits and payments for their lost time from work. If a worker passes away on the job, their family is entitled to receive certain death benefits. Workers’ Compensation Benefits: The Great Compromise Workers’ compensation law is known as “the great compromise.” It provides immediate benefits to workers without requiring that a worker prove that the employer or another worker was necessarily at fault. Injured workers simply must establish that they were hurt on the job. In return, employers receive limited liability. Essentially, a worker cannot get any additional compensation beyond what is available through workers’ compensation law. For example, money damages for pain and suffering are not available for work injuries covered by the South Carolina Workers’ Compensation Act. South Carolina employers are required to carry and pay premiums and deductibles for workers’ compensation insurance by law. The insurance carrier is generally the entity that pays work comp benefits. Self-insured employers must pay their own benefits to employees. The Department of Labor oversees employers to ensure they meet their legal requirements. Defining Work-Related Injuries To receive compensation, a claimant must have a “work-related injury.” In most cases, that means that the worker injured themselves at their workplace while doing their job. However, the definition of a “work-related injury” is actually much broader than that typical circumstance. In general, if you were doing any work that benefited your employer when the accident occurred,  you likely can receive workers’ compensation. The accident could have occurred off your work premises and may not have happened during work hours. The requirements to have a compensable injury include: 1.  The injury occurred because of an accident. South Carolina code states that an accident injury occurs when the injury is due to an unexpected event in the context of an employee’s work duties. However, the result of the accident is much more important than the accident itself—the injuries must have been unexpected or unforeseen. 2.  The accident arose out of and in the course of employment. The accident must have been while you were doing your job, and your work must have caused it. If you suffered an injury at your physical work location but were on lunch when the accident happened, you might not have a workers’ compensation claim. Talk to an experienced workers’ compensation attorney for your options in this unique situation. 3.  You are actually an employee. Workers’ compensation claims are unavailable to independent contractors or “casual employees.” A casual employee does not work permanently for the employer but occasionally provides services. However, you do not have to be considered a full-time employee to qualify for benefits. However, some employers deliberately call their employees “casual employees” or independent contractors to avoid paying benefits. If your employer refuses to pay benefits because of your employee classification, you should investigate the issue further by speaking to a South Carolina workers’ comp lawyer. You might still have options for benefits after a work injury. What Types of Injuries Does Workers’ Comp Cover in South Carolina? Virtually any type of injury at work will likely fall under workers’ compensation law. Essentially, any accident that arises that is not the result of drugs or alcohol may trigger workers’ comp insurance coverage. Some of the more unique situations where workers’ compensation would apply are set out below.     Car Accidents. Workers’ compensation law will likely apply if you drive for work and are in a car accident. However, keep in mind that workers’ comp does not apply to your daily commute back and forth to work. It only applies to accidents that arise because of travel required by your employer.     Repetitive Trauma. Using the same muscles, tendons, and ligaments over and over again, day in and day out, can cause serious damage to your body. Workers’ compensation coverage in South Carolina provides benefits for these types of long-term, repetitive stress injuries.     Stress-Related Injuries. You might have a workers’ compensation claim for injuries caused by stress. However, the stress you suffered must result from something very unusual. It must be a higher stress situation than expected in your particular job or role.     Occupational Disease. There are some situations where your particular type of employment or position exposes you to hazards. If these hazards lead to a disease or illness, you may have a workers’ compensation claim. Most cases involve simple work injuries, like slip and fall claims, falling from a height, or damages associated with lifting, pushing, or pulling. Regardless of your situation, if you have suffered an injury at work, talking to a work comp attorney about your case is a good way to ensure that you are getting the total amount of benefits that you should receive. What Are the 5 Types of Workers’ Comp Benefits in South Carolina? Every workers’ compensation case involves specific categories of benefits. These benefits address different types of losses. Each class might not be available in every case; they depend on the specific losses you experienced due to your work injury. When someone asks, “what are the five classifications of workers’ compensation cases,” they are usually referring to the type of benefits available. Medical Care Benefits Your employer should pay all of your medical expenses and related bills for medical treatment. This benefit goes into effect immediately. However, you might need to get your employer’s permission to get medical care first by reporting the injury (in most non-emergency situations). Partial Disability Benefits These benefits replace a portion of your wages. They can be either temporary or permanent. Temporary partial disability benefits provide a partial recovery when you are unable to work or earn less because of your work injury. Permanent partial disability benefits provide payment for workplace injuries that result in permanent, irreversible impairment to you or your body. These indemnity benefits help address any loss of earning capacity in the future. Total Disability Benefits If you are totally disabled, you can also receive partial wage replacement payments. In most cases, temporary total disability benefits are available when your doctor says you cannot work during recovery (such as from surgery or another serious medical treatment). If you cannot work again in the future because of your injury, these benefits may also apply. These are permanent total disability benefits. These benefits are often in addition to any Social Security benefits for your disability that you might be entitled to receive. Death Benefits Death benefits provide partial wage payments to workers’ dependents. These benefits are usually offered as a lump sum payment, but not always. Vocational Rehabilitation Benefits These benefits help train injured workers to get into a different line of work or career. Your prior employer may be required to pay for your vocational training for up to a year if your injury forces you to switch careers because you can no longer do the type of work you were doing before the accident. How Are Workers’ Comp Benefits Calculated in South Carolina? The workers’ comp calculation involves reviewing the severity of your injury and your average weekly wage before the injury. Your impairment rating from a health care provider will have a big impact on the benefits you can receive. You can learn more about how to calculate these benefits here. How Long Am I Entitled to Workers’ Compensation Benefits in South Carolina? How long you receive benefits will depend on the type of injury and when you can return to work. You might be able to receive benefits for up to 500 weeks. Do You Deserve More From Your Workers’ Comp Settlement? Call Us. Up to 55% of workers who do not hire a work comp lawyer are dissatisfied with their workers’ comp benefits. Do not add yourself to that statistic — call HawkLaw at 1.888.HAWK.LAW to learn more about your rights after being injured at work. ### When Does my Workers' Comp Claim Need to be Filed? Workers’ compensation benefits are in place to protect almost all workers in South Carolina. Unfortunately, far too many people procrastinate when filing workers’ compensation cases after a work-related injury because they think they have plenty of time. This leads to many injured workers having their claims denied by their employer’s insurance company when they miss an important deadline. It is essential if you are an injured employee to file your workers’ compensation claim as soon as possible after your workplace injury. If you are not sure about the next steps to take, a qualified and experienced workers’ compensation lawyer can provide legal advice. The workers’ compensation attorneys at HawkLaw, P.A. have helped thousands of victims of workplace accidents and work injury with their workers’ compensation claims, and we are ready to help walk you through South Carolina law. We keep everything streamlined so that you can dedicate more energy to your recovery. HawkLaw fight to win for our valued clients. How Soon After an Accident Must I Report My Injury in South Carolina? Under state law, you must report your job injuries to your employer within 90 days of the accident. It is, however, always a good idea to notify your employer in writing as soon as you possibly can. The sooner you report the accident, the better your rights will be protected. Failure to report within the 90-day window may disqualify you from receiving benefits. This is the first deadline it is imperative to meet when it comes to workers’ compensation insurance. How Long Do I Have to File a Workers’ Comp Claim in South Carolina? After filing your initial injury report, the statute of limitations gives you up to two years to file your workers’ comp claims. Your employer is technically supposed to file a claim with their insurance company and the South Carolina Workers’ Compensation Commission on your behalf. If, however, they fail to do so, it becomes your responsibility to make sure the claim is filed. This can be where the process grows quite complicated, and it is ideal to contact an attorney who is well-versed in SC workers' injury cases. Not every personal injury lawyer can handle these types of situations. If you are the victim of occupational disease or occupational illness, and you are afraid your employer has not filed a claim with the insurance company, contact HawkLaw as soon as possible. Call us at 888-HAWKLAW or complete our online contact form to speak with a qualified workers’ comp attorney today. Be sure to ask if you qualify for a free consultation* (see our disclaimer at the bottom of the page for more information). How Do I File a Workers’ Compensation Claim in South Carolina? When you suffer a workplace accident, the first and most critical action to take is to report the injury in writing to your employer with all the details, including the nature of the injury, the time it happened, how it happened, and your contact information. After you do this, it is your employer’s responsibility to file the claim with the South Carolina Workers’ Compensation Commission. Most employers in the state are required to maintain workers’ compensation insurance to cover these risks. After the employer files your claim, you should be contacted by the insurance carrier to complete the process. It is vital to remember, however, that the insurance company is not your ally. They are not there to represent your best interests or help you get fair compensation for the accident. It is their job to pay out the lowest possible claim they can. You always have the right to a workers’ comp lawyer by your side. Workers’ compensation laws, however, do make it very clear that your employer is responsible for covering injuries caused by workplace accidents, and it is a no-fault system. This means it does not matter who caused the accident or whether it was a co-worker’s fault; it just matters that it happened during the normal course of your work. There are limited exceptions to this rule. In some rare cases, if a third party is responsible and shows gross negligence, you may be able to file a personal injury claim against that person instead of a workers’ comp case. It is essential to have an attorney by your side in this case to advise you on which course of action is the best.   If your employer fails to file your claim, you can take action yourself. Filing for workers’ comp benefits in South Carolina requires you to submit Form 50 to the Workers’ Compensation Commission. If you do need to take action yourself, it becomes more important to have the help of a personal injury law firm experienced in workers’ compensation cases. Your lawyer can help you communicate the losses and impairment you have suffered through your work injury. Those whose family members have died due to a work accident or illness may also be entitled to financial support in the form of death benefits. This requires filing Form 52, but always do this with the support of an attorney. What Benefits Can I Receive Under South Carolina Workers’ Comp? Work injuries enable you to get three types of benefits. The first benefit covers all of your medical expenses and medical treatment, including doctor’s office visits, medication, medical procedures like surgery and physical therapy, transportation to and from medical visits, and even the cost of any in-home care. The second of these includes a portion of your lost wages, which is capped at a maximum amount that is adjusted annually. The amount available is equal to 66 2/3% of the employee’s average weekly wages before the injury, and the cap is the average weekly wage in the state for the preceding fiscal year. Compensation is available for 340 weeks from the date of injury if the disability is partial, and 500 weeks if the disability is total. This duration can change based on specific injuries, which your workers’ compensation attorney can help you to determine. Finally, if your injury results in permanent disability, you are not subject to the 340- or 500-week limitation and may continue to receive benefits for life. Obtaining these benefits, however, can require challenging denials and proving your disability before the courts. Can I Sue My Employer for Pain and Suffering? Many injured workers want to know if they can file a personal injury suit against their employer. You cannot sue your employer for things like pain and suffering under workers’ comp law. In general, by accepting employment where you are covered by workers’ compensation, you forfeit your right to sue. In some very rare cases, however, where your employer or another party shows truly gross negligence, a personal injury lawsuit may be possible. When this happens, it is often for things like a car accident that happens en route to a client meeting where a third party who is not a co-worker causes the incident. You will need the help of a personal injury attorney to pursue such a lawsuit. What Happens If I Do Not File a Workers’ Comp Claim on Time in South Carolina? According to state workers’ compensation laws, if you do not file your workers’ compensation claim within the stated two-year statute of limitations, you will lose the right to benefits. This is why it is so important to notify your employer right away and to pay close attention to whether or not you hear back from the insurance company. If you do not hear back promptly, it becomes essential to file Form 50 and start your own claim with the help of an experienced lawyer. You could lose out on disability benefits, including a portion of your average weekly wage, medical bills and medical care, and even permanent disability if your accident leaves you permanently unable to work. Who Files a Workers’ Comp Claim After a Wrongful Death? If you lose a loved one due to work-related injuries, sometimes a workers’ comp claim can be filed by surviving relatives. This claim must be filed by the dependents of the worker. If the worker has no dependents, their parents may file a claim. The statute of limitations for the claim is two years from the date of death. Exceptions to Filing Deadline Rules The state does allow for certain exceptions or tolling of the statute of limitations on filing for a workers’ comp claim. These include repetitive trauma injuries that require you to report within 90 days of discovering your repetitive trauma. Occupational disease claims, likewise, must be reported within 90 days of discovering the injury. Both of these types of workplace injuries can take quite some time to present symptoms, which is why the statute of limitations is extended for both. If a worker is under the age of 18, the legal age of adulthood in South Carolina, the statute of limitations is postponed until the worker turns 18. At this point, the clock starts ticking. Every case is unique in these situations, so it is important to contact a workers’ comp attorney. Those who suffer from a mental or cognitive disability may see the deadline extended until their disability is lifted or until they pass away. Finally, if you have received benefits and your condition worsens after medical treatments stop, you have one year from the last benefit to file a new claim. How Do I Fight a Workers’ Comp Denial in South Carolina? Workers’ compensation claims are unfortunately denied every day in South Carolina, even when they are completely warranted. This is because insurance companies actively look for reasons to deny claims. Insurance companies are for-profit businesses, and they do not profit by paying out huge claims. They use many excuses to deny claims, including accusing you of trying to get benefits for preexisting injuries, claiming you are not as hurt as you say you are, saying that your injury was not part of your normal work duties, and other excuses. If your claim is denied, you can file an appeal, but to do so it is a good idea to have an attorney in your corner. You must first submit a hearing request to the Workers’ Compensation Commission. A single commissioner will hear your appeal in the county where the injury occurred. You will not have to travel to Columbia in Richland County, where the commission is located, if you are in a different city such as Charleston. The commission may, in some cases, require you to see a doctor they select. The doctor will then testify about your medical condition at the hearing. You will also get to testify. This is important because the doctor will be instructed to find a reason why you are healthy enough to be denied a claim. The commission will then issue a decision. If you disagree with the commission’s order, you can petition for a further review where a panel of three commissioners will hold a further hearing, then issue a decision called an award. After this, if you still disagree, your case can proceed through the South Carolina Court of Appeals and all the way to the state Supreme Court. Do You Need Help Filing a South Carolina Workers’ Compensation Claim? HawkLaw is ready to help you fight your battle for workers’ compensation. We put our client relationship ahead of all other concerns. We are here to represent you, fight for your rights, and be a caring ally when you need one the most. Contact us today at 888-HAWKLAW or through our online form, and our experienced legal team will provide a free case review.* ### I Got COVID-19 At Work. Can I File for Work Comp Benefits? In the last week of August 2022, more than 12,000 reported cases of COVID-19 were reported throughout South Carolina. This was an increase from the previous week at 10,000 reported cases. Tragically, more than 18,000 South Carolinians have lost their lives due to coronavirus. Many of these deaths came from the frontlines with healthcare workers, essential workers, and first responders. Statistics show COVID-19 is still prevalent in our state, and many infected South Carolinians are left to wonder if they can file for workers’ comp. Get in touch with the passionate workers’ comp attorneys at HawkLaw, P.A. to see how we can help. Call our law office at 888-HAWKLAW today for a free consultation.* Can Federal Employees in South Carolina File for Work Comp Benefits for COVID-19? As a federal employee with a job assignment in South Carolina, you will be able to apply for workers’ compensation benefits if you meet certain conditions at the time you contracted COVID-19. The criteria are as follows. A Positive COVID-19 Test Result To qualify, you must demonstrate a positive diagnosis of COVID-19 with a positive test result administered by a healthcare professional. Home tests do not qualify as confirmation of having COVID-19 for workers’ comp purposes. Within 21 Days of Contracting COVID-19, You Performed Duties That Made You Come in Contact with Patients, or Members of the Public According to the U.S. Department of Labor website, the American Rescue Plan Act of 2021 (ARPA), gives federal employees a mechanism to establish workers’ comp coverage under the Federal Employees’ Compensation Act (FECA). If you can show you performed your job duties which entailed coming into contact with the public, patients, or co-workers, and were diagnosed within 21 days of this contact, you are eligible to receive continuation of pay (COP). You also must file a CA-1 form within 30 days of the date of the injury which is defined as the “last date you were exposed at work, prior to the positive test result.”  If you pursue COP, you must submit medical evidence to your employer within 10 calendar days after filing the CA-1. Remote employees who contracted COVID-19 do not qualify. Is Workers’ Compensation Available for COVID-19 in South Carolina? Section 42-11-10 of the South Carolina Workers’ Comp Act defines occupational diseases as those arising out of employment due to hazards related to employment. The common cold and the flu are not considered occupational diseases under this legislation. In 2021, Governor Henry McMaster signed into state law South Carolina’s COVID-19 Liability Immunity Act. This law states businesses are immune from liability for their employees who contract COVID-19. That being said, when employees can provide proof their employers demonstrated negligence or subjected their employees to risks during the course of employment, they may be eligible for workers’ comp. Speaking with an experienced workers’ compensation lawyer can help you determine if you qualify for workers’ comp benefits after contracting COVID-19 at work. What Evidence Would You Need to File a Workers’ Comp Claim for COVID-19? To be eligible to file for a workers’ compensation claim in South Carolina, you need to supply specific types of evidence supporting your claim. However, evidence does not automatically guarantee eligibility for compensation benefits. You must meet specific circumstances to be able to apply for workers’ comp benefits if you got COVID-19 while on the job. Positive COVID-19 Test When starting your claim, you must submit documentation of a positive COVID-19 screening test, along with a suspected diagnosis from a medical provider. Proof That Your Job Exposed You to People Who Might Be Positive People filing for comp benefits after getting COVID-19 must prove exposure on the job. The job must also be one where exposure risk for a worker is higher than in other areas of their lives. To prove your claim, you must provide evidence your job duties regularly put you in contact with others who could have exposed you to COVID-19. This can include a description of your job duties, schedule documentation, and any imagery, including photos and videos, of you doing your job. Evidence You Did Your Best to Limit Exposure When applying you will need to submit evidence you did your best to limit exposure to coronavirus. This includes taking protective measures outlined by healthcare professionals and the CDC, and limiting exposure when going out in public where risk is higher. Documented Time Spent with Potential Exposure It is an employer’s responsibility to keep their employees safe. It may help your case if risk was high, and your employer was negligent in providing protective measures, disinfecting processes, or instilling policies to help safeguard workers. If you contracted COVID-19 during the course of your employment, it is a good idea to speak to a lawyer with experience in this area. It can be quite difficult to prove a claim for workers’ comp for COVID-19 exposure, especially since it is a very unique new area of law that is still being defined. How Might Proposed Legislation in South Carolina Affect Workers’ Comp Cases for COVID-19? Currently, there is a bill on the floor for the 124th session General Assembly of South Carolina that could impact an employee’s right to collect workers’ comp if they become ill from coronavirus on the job. While the issue is actively being discussed, it is important to understand this bill is waiting on a vote and is not currently written into law. If passed, H.3192 will provide clarification for the following types of workers. Healthcare Provider Healthcare professionals are consistently in contact with the public, many of which will be ill with an infectious disease, including COVID-19. If the bill is written into law, South Carolina will recognize workers in this field as eligible for workers’ compensation benefits. Correctional Officers Correctional officers work in confined quarters with inmates and other individuals. As essential workers, COs contracting COVID-19 will be recognized as a group of workers eligible for benefits. First Responders First responders are frontline workers continuously in contact with people, many of which are sick. Workers in this category will include law enforcement officers, firefighters, EMTs, paramedics, and any volunteers performing these jobs. If called to perform specific duties, South Carolina National Guard, and South Carolina State Guard may also qualify. Isolate or Isolation If you perform in a job and contract COVID-19 and are directed to isolate by your employer due to a positive diagnosis that restricts you from performing your job duties, this may make you eligible to apply for benefits. If South Carolina legislators pass H.3192 into law, people working in the above categories will be entitled to apply for workers’ compensation benefits if COVID-19 was contracted. What Does Workers’ Compensation Cover? A successful workers’ comp claim might offer you a number of benefits if you are a full-time, part-time, or seasonal employee of an organization that has four or more employees and you cannot work for more than seven days after suffering a work-related injury or illness. Medical Expenses Workers’ compensation insurance policies typically cover any medical expenses related to the injury or illness, including medical treatments, surgeries, prescription medications, and travel expenses related to medical care. Lost Wages Workers who miss work due to injury or illness can recoup some of the money lost while they were unable to work. In South Carolina, injured employees can obtain 66% or 2/3 of an average weekly wage as wage replacement. Survivor Benefits When an employee passes away due to a workplace-related condition, workers’ compensation can offer benefits to familial members left behind. Permanent Injury Workers who are permanently injured and unable to perform their jobs can file a claim to receive benefits for permanent partial or full disability. Benefits are determined by insurance adjustors by considering individual needs and also provide 66%, or 2/3, of your average wages. How Do You File for Workers’ Compensation in South Carolina? To qualify to apply for workers’ compensation benefits in South Carolina, you must report the injury or occupational disease within a certain timeframe to your employer. If your employer does not file a workers’ comp claim with the commission, you, as the employee, can. Once filed, the workers’ compensation commission will schedule a hearing to review the details of your claim. Are There Any Benefits to Having a Workers’ Comp Attorney? Like many other types of legal situations, you can benefit by connecting with a skilled workers’ compensation lawyer. Workers’ comp is a complex area of law. Having someone by your side to advocate for you can strengthen your claim. An attorney will: Gather documentation and build your case. Contact insurance carrier or at-fault party. File all required paperwork and check to ensure no errors. Negotiate fair and just compensation for you. Navigate the appeals process if you are denied. Insurance companies are notorious for denying claims or trying to undercut a person’s suffering. With an experienced attorney by your side, you strengthen your chances of a successful outcome. There is data to support the fact that attorneys reinforce the ability to settle a workers’ comp claim. Worried About How COVID-19 Will Impact Your Work? Over the past three years of the COVID-19 public health emergency, this pandemic has created many work-related concerns which ultimately are likely to impact workers’ compensation law. As an employee, you deserve protection to ensure you can do your job effectively without unnecessarily putting yourself in harm’s way by getting a work-related injury. To learn more about how you can protect yourself and your dependents by receiving workers’ compensation coverage to cover any medical expenses or wage loss associated with COVID-19 or another infectious disease, the personal injury attorneys at HawkLaw are here for you. To request a free consultation* or to obtain additional information about your situation, call us at 888-HAWKLAW or complete our online contact form to speak with a member of our HawkLaw legal team today. ### My Boss Won't Accommodate My Work Injury. What Should I Do? Sustaining an injury at work can be life-changing, and returning to work can take time. Some people are never able to work again. According to the Bureau of Labor Statistics, South Carolina witnessed 4,764 fatal occupational injuries in 2020 alone. Recovery is important, and ensuring that you are healthy enough to do the work you are assigned can be a gradual process. When your employer refuses to accommodate your work-related injury and impairment, especially if your doctor recommends reduced job duties, you have legal rights. The workers’ compensation attorneys at HawkLaw, P.A. are ready to help you if you feel that your work-related impairment is not being accommodated. HawkLaw fights to win.   What Are the Different Types of Workers’ Compensation Benefits in South Carolina? An injured worker in South Carolina is entitled to receive several types of disability benefits under your workers’ comp claim. The specific workers’ compensation benefits available depend on the specifics of your injury but will include one or more of the following. Medical Expenses Injured employees in South Carolina are entitled to have all of their medical expenses paid for, including doctor’s visits, medication, medical procedures, and any other necessary medical care. This is the core of a workers’ compensation claim.  Partial Disability Partial disability means that while you may not be able to perform your full prior duties, you may still be able to do some sort of work, even if it is with reduced job functions or a separate, new position. Partial disability is defined as either temporary or permanent partial disability. If the disability is temporary, you are eventually expected to make a full recovery. If it is permanent, you are not expected to ever improve, or you have achieved a point of maximum medical improvement (MMI) and will not get any better. Partial disability covers a portion of your salary for light work duties. The benefits are two-thirds of the difference between the current average weekly wage on your restricted duties and the average weekly wage prior to the injury. Total Disability Total disability assumes that disabled workers cannot complete any sort of work at all, even modified or light duty. Total disability, like partial, comes in two forms: temporary total disability and permanent total disability. Again, temporary disability assumes you will recover, while permanent total disability means recovery is not a possibility. Under total disability, you are eligible to receive two-thirds of your average weekly wage prior to the injury. Payments can continue for up to 500 weeks in most cases, while paralysis or brain damage could pay benefits for life. Death Benefits Death benefits assume that you have lost a family member to a fatal accident on the job. A qualified individual may be able to collect reimbursement for burial expenses and can receive two-thirds of the deceased loved one’s weekly salary for up to 500 weeks. If you are unsure whether you qualify to receive death benefits, a South Carolina injury lawyer experienced with on-the-job injury cases may provide important legal advice in this area. Reasons Why an Employer Needs to Make Reasonable Accommodations for an Injured Worker Workers’ compensation law requires your employer to make reasonable accommodations for medical restrictions and other issues resulting from your work-related injury if you sustained an injury while at work, reported it, filed through the Workers’ Compensation Commission, and your claim was accepted by the insurance company. In such cases, there are two reasons for which your employer must make accommodations for you.  Work Restrictions Imposed by a Physician Medical restrictions put in place by your physician can range from general light duty to more specific restrictions. The Americans with Disabilities Act (ADA) and the U.S. Equal Employment Opportunity Commission (EEOC) both establish that when your workers’ compensation physician establishes limits on the work you can do, your employer must abide by these limits. Under Title I of the ADA, a reasonable accommodation is defined as any modification that enables the injured employee to have an equal opportunity to get a job done to the same extent as someone without a disability. This means that the job must be modified so you can perform its essential functions, and to make it possible for you to enjoy equal benefits and privileges of employment.  Injury Resulting in Partial Disability The same rules apply for an injury resulting in partial disability. You have legal rights to these accommodations. You also, however, have responsibilities under the terms of your workers’ compensation claim to perform job duties as you are able, under these reasonable accommodations. The EEOC enforces disability laws under the ADA. If you have a physical or mental condition that substantially limits your ability to perform major life activities, have a history of disability, or are subject to adverse employment actions due to physical or mental impairment, the EEOC has jurisdiction. Your condition need not be long-term, permanent, or even severe to be considered substantially limiting. What Are the Impacts of a Doctor Recommending Light Duty Work Restrictions? If you are receiving workers’ compensation, and the physician recommends returning to light work, you are required to return. You are also required to abide by the limits imposed by your physician’s recommendations. Workers’ comp laws require you as an injured worker to follow the medical orders of your doctor. The reason for this is to show that you are doing everything you can to get better and not worsen your condition. In some cases, light duty work may mean a reduced pay rate and the end of your benefits so long as work conditions comply with your doctor’s recommendation. If this is the case for you, you may be entitled to collect temporary Social Security Disability benefits. If you are unsure how this applies to you, contact the HawkLaw law firm at 888-HAWKLAW or use our online contact form to speak with an experienced workers’ compensation lawyer. What Are Some Common Work Restrictions After a Workplace Injury in South Carolina? According to the Bureau of Labor Statistics, 2,654,000 work-related incidents occurred with days away from work, job transfers, or restrictions throughout the U.S. in 2020, with 29,100 of these occurring in South Carolina. Workers’ compensation doctors can impose a wide range of medical restrictions to help you recover from your injury, or as related to a permanent disability. Limitation to Sedentary Work A doctor may impose a limitation requiring the injury victim to only perform passive duties. Sedentary work means work without any significant physical qualifications. It refers to desk jobs where the worker does not have to stand, walk, lift heavy objects, or engage in any sort of strenuous activity. Heavy Lifting Restrictions Heavy lifting restrictions usually come with a maximum weight — that is, your doctor may say that you may not lift items over 50 pounds, 25 pounds, 10 pounds, or any other weight limit. Physical Movement Restrictions Physical movement restrictions are also usually specifically defined. The doctor might say that you cannot reach above your head or turn more than 45 degrees, or you must abide by any other restriction on movement that could aggravate your injury. Restrictions for Repetitive Motions Repetitive motion injuries are very common and include such things as carpal tunnel syndrome, which can occur from repeated typing every day. The doctor could impose restrictions on the motions that caused your injury. What If I Do Not Accept the Light Duty Conditions Set by My Employer? Under South Carolina Workers’ Compensation Code 42-9-190, any employee who refuses suitable employment that is approved by the Workers’ Comp Commission is not entitled to compensation. This means if your employer offers light duty conditions and you do not accept them, you can be denied workers’ compensation benefits. What If Your Employer Cannot Provide Reasonable Accommodations in South Carolina? Under South Carolina law, employers are not required to provide accommodations if those accommodations would create an undue hardship. Undue hardship is defined as an accommodation that would be too expensive or difficult to provide based on the financial resources, size, and needs of a business. The employer must be able to demonstrate this difficulty, and the fact that it incurs some cost is not enough. The employer does not, however, have to provide the specific accommodation the injured employee wants. They can provide an equivalent accommodation if more than one meets the needs of restricted duty, and another would cause undue hardship. If, however, your employer is unable to provide physician-recommended accommodations, you may be able to stay on workers’ comp if the commission approves it. This can become precarious, however, and an insurance company is always looking for reasons to deny claims. In such a case, it is best to speak to a qualified workers’ compensation attorney. Can I Take a New Job While on Workers’ Compensation in South Carolina? You can always take a new job, but if you do while on workers’ compensation, your employer may file to terminate your benefits. Before making such a decision, it is always best to talk to your workers’ comp lawyer so you can understand the potential consequences and make the right decision for you. Why Should You Hire a South Carolina Workers’ Compensation Attorney? If you have suffered an injury at work, you have the right to workers’ compensation benefits. All too often, workers are denied benefits, or even experience illegal repercussions like wrongful termination. A workers’ compensation lawyer at HawkLaw will be your friend and ally when you need someone to help you fight for the right to the benefits you deserve, and to which you are entitled under the law. They can help you challenge denials, prove that your injury falls within current workers’ comp standards, and work to secure the benefits you deserve. According to Lawyers.com, having a lawyer can often result in higher compensation. On average, the settlement for those with attorneys is more than four times higher than for those without. While we cannot promise that you will receive any specific amount, the numbers indicate that those who have legal representation fare better than those who do not. Have You Been Injured and Neglected by Your Employer? If you have been injured and your employer or their insurance company has denied your workers’ comp claim, you are not alone, and you do have options. At HawkLaw, we greatly value an honest and caring attorney-client relationship, and we value the interactive process of working with our clients. We are a digital-first law firm, so you can initiate your case right away. Just check our disclaimer at the bottom of the page, then call us at 888-HAWKLAW or use our easy online form today to chat with a member of our legal team to see if you are eligible for a free consultation.* We are here for you because HawkLaw fights to win. ### Average Camp Lejeune Water Contamination Settlement The Agency for Toxic Substances and Disease Registry (ATSDR) estimates that more than one million people, including service members and their family members, have been affected by Camp Lejeune's toxic water. This Camp Lejeune water contamination has led to many serious health concerns, which have resulted in lingering, sometimes life-threatening or lifelong disabilities and consequences. If you have been at Camp Lejeune in North Carolina and developed an illness or health condition due to the contaminated water there, the personal injury lawyers at HawkLaw want to help you get the compensation and settlement payouts you deserve. Many wonder about the average compensation they can get from Camp Lejeune water contamination settlement amounts. Before we can help, however, it’s important to understand the history of the Camp Lejeune water contamination as well as the severity of the situation. What Contamination Occurred at Camp Lejeune? In 1982, the Camp Lejeune water contamination was first discovered. Volatile organic compounds (VOCs) were found in the drinking water on the military base, which opened in 1940. However, the contamination in the Camp Lejeune water supply was not resolved until 1987. Around one million military staff, their family members, and other Camp Lejeune residents were directly exposed to the contaminated drinking water during this time. The consequences to many of these Camp Lejeune victims have been life-altering, including many chronic and deadly health conditions. These include congenital disabilities, aplastic anemia, bladder cancer, breast cancer, kidney cancer, liver cancer, lung cancer, infertility, leukemia, non-Hodgkin’s lymphoma, Parkinson’s disease, and many other types of cancer and health problems. What Types of VOCs Were Found in the Water at Camp Lejeune? Contaminated water is a significant threat to our health as a nation, and the victims of the Marine Corps base Camp Lejeune contaminated water know that better than most. VOCs are toxic chemicals that can be responsible for a wide range of health issues, including those listed above. What makes them particularly dangerous is that sometimes they are not filtered out by water treatment plants such as that at Hadnot Point. The unnecessary health risks and sickness from the Camp Lejeune water contamination are specifically linked to several VOCs, including Trichloroethylene (TCE), Tetrachloroethylene (Perchloroethylene, PCE), Vinyl Chloride, Methylene Chloride, and Benzene, according to the ATSDR. The health conditions that have arisen from exposure to these chemicals have led to a wide range of Camp Lejeune water contamination claims and, in turn, to a class action lawsuit concerning the contaminated water. Trichloroethylene (TCE) Trichloroethylene is a chemical degreaser used in machinery, often found in factories, automotive garages, and other heavy industrial facilities. This chemical, however, is a carcinogen that can be responsible for a wide range of cancers, including kidney cancer, non-Hodgkin lymphoma, lung cancer, and many other varieties. It can also be responsible for serious health risks to the cardiovascular system. Those exposed to TCE through toxic water while at the Marine Corps air station in North Carolina should speak to Camp Lejeune lawyers to explore payouts and settlement amounts from a Camp Lejeune water contamination lawsuit. Tetrachloroethylene (Perchloroethylene, PCE) Tetrachloroethylene is also known as PCE or PERC. It is an industrial chemical used in various applications, including dry cleaning, manufacturing other chemicals and substances such as vinyl, and as a machine degreaser. This chemical has been linked to a heightened risk of bladder cancer, various other cancers, as well as some neurobehavioral conditions. Those who have suffered health risks or have a loved one who has suffered health problems after spending time on the military base at Camp Lejeune may be eligible for settlement payouts from a Camp Lejeune water contamination lawsuit. Vinyl Chloride Vinyl chloride is a colorless gas used in the production of PVC, wire coatings, and other plastic products. In the past, it was also used in cosmetics, household consumables, and refrigerants. Heavy exposure to this chemical has been linked to many different types of cancer, including liver cancer and multiple myeloma. Our military service members deserve to be honored. When they suffer harm from exposure, they deserve financial compensation to help with their medical treatment and loss of ability to work. Methylene Chloride Methylene chloride is a colorless but volatile liquid. It has a chloroform-like odor that is sweet. It is widely used as a solvent and can combine with many other organic solvents. Its primary uses historically have been in paint stripping, the manufacturing of pharmaceuticals, metal cleaning, degreasing, and others. OSHA considers this chemical a potential occupational carcinogen responsible for increasing the risk of many different types of cancer. Benzene Benzene is an organic compound that can be found in many different industrial chemicals. It can even be found in some foods. However, chronic exposure to large amounts of benzene has been linked to a wide variety of cancers, with a very strong association with AML, acute myeloid leukemia, and other types of leukemia. The personal injury lawyers at HawkLaw are working to help Marines, Navy, and other service members and their families seek significant Camp Lejeune water contamination settlement amounts for exposure to these and other chemicals while on base. What Are Common Health Concerns From the Contaminated Water at Camp Lejeune? The EPA considers VOCs to be a significant health risk. The specific VOCs found in the Camp Lejeune contaminated drinking water could lead to a wide variety of health concerns, including many types of cancers, anemia, liver disease, and neurobehavioral effects. Cancer We have discussed the wide range of cancers that can be caused by the volatile organic compounds in the Camp Lejeune drinking water above. These include: Bladder cancer Breast cancer Kidney cancer Liver cancer Leukemia Lung cancer Multiple Myeloma Non-Hodgkin’s lymphoma And many other types of cancer Multiple Myeloma Multiple Myeloma is a type of cancer that forms in the blood plasma cells or white blood cells. These cells help to make antibodies that form your immune system. With this type of cancer, infected plasma cells push out the healthy ones as they accumulate in your bone marrow. This, in some ways, reverses what your immune system should do. Rather than producing antibodies to fight illness, your body creates harmful and abnormal proteins due to the cancer cells. Aplastic Anemia Aplastic anemia is a type of bone marrow failure. This rare and serious blood condition occurs when your bone marrow can’t produce enough new blood cells to meet your body’s needs. It is a condition that can be severe or mild and can develop rapidly or progress slowly. Treatments involve blood and bone marrow transplants, medication, and other approaches to mitigate exposure to environmental toxins. Renal Toxicity Renal Toxicity or nephrotoxicity is among the most common kidney problems in the world. It occurs when your body is exposed to some sort of foreign substance – a toxin or drug – that damages the kidneys. This renders the kidneys unable to remove excess waste and urine, which then slowly poisons you. Your attorney at HawkLaw law firm will be able to help you gather any medical evidence that proves your health problems are the result of contaminated drinking water at Camp Lejeune. Parkinson’s Disease Parkinson’s Disease is a progressive illness that affects your nervous system. It is marked by increasing tremors and uncontrolled movements. The disease often starts with tremors in a single hand and progresses throughout the body. Other symptoms can include stiffness, loss of balance, and slow movement. There is no cure for Parkinson’s, which requires lifelong health care, treatment, and medications that work to control the symptoms as long as possible. If your Parkinson’s was caused by toxic water exposure at the Navy and Marine Corps base, your medical records might help to prove this. Getting the disability benefits you deserve, however, may require help from Camp Lejeune lawyers. Neurobehavioral Effects Studies are still being done regarding the neurobehavioral effects of exposure to multiple volatile organic compounds. We know that exposure can cause these effects, but we do not know precisely what causes them, nor do we have a comprehensive list of the specific effects they cause. Many have reported issues such as degraded air quality, headaches, and general bodily discomfort. If you are having unexplained neurological or behavioral issues and you were at Camp Lejeune during the contamination period, you should contact the HawkLaw law offices at 888-HAWKLAW or use our online contact form and inquire about a free consultation* regarding your case. What Cancers Are Covered Under the Honoring Our PACT Act for Camp Lejeune? In 2022, Congress passed the Honoring Our PACT Act, which was signed into Federal Law. This act of the Federal Government, which includes the entirety of the Camp Lejeune Justice Act, allows for lawsuits related to the toxic water exposure at the camp and provides healthcare benefits for those dealing with the consequences. Before this law, disability claims and lawsuits were banned under the Federal Tort Claims Act. Now they have civil recourse to achieve justice, whereas before, they may have had issues getting the full compensation they deserve for their injuries. The wide variety of specific cancers that are covered under the Honoring our PACT Act and Camp Lejeune Justice Act include: Adult leukemia Aplastic anemia Bladder cancer Esophageal cancer Breast cancer Kidney cancer Lung cancer Liver cancer If you have been exposed to the drinking water at the Camp Lejeune base and later developed these or any other type of cancer, contact the Camp Lejeune lawyers at HawkLaw immediately. Do You Qualify for the Camp Lejeune Lawsuit? All service personnel stationed at Camp Lejeune between 1957 and 1987 for at least 30 days may qualify for the Camp Lejeune lawsuit if they have developed one of the listed health concerns above. Surviving family members who have lost a loved one due to one of these conditions may also be able to file a lawsuit and seek compensation for wrongful death. What Benefits Are You Eligible for Under the Camp Lejeune Justice Act? Like many personal injury lawsuits, you may be eligible for a wide range of benefits under the Camp Lejune Justice Act. These benefits include coverage of all healthcare expenses related to the condition or illness you or your loved one developed, plus potential disability benefits and other compensation for their disease. Healthcare The VA will pay for all healthcare costs related to qualified illnesses and conditions. This includes all the forms of cancer listed above as well as renal toxicity, neurobehavioral effects, Parkinson’s disease, aplastic anemia, and other associated health conditions. Compensation From Lawsuit The Honoring Our PACT Act entitles all qualifying veterans and their families to compensation for conditions caused by toxic water exposure at the camp. The additional types of compensation you can receive will be specific to your individual case but may include compensation for the invisible injuries you have suffered, such as your loss of ability to take part in everyday activities, your inability to work, and other disabling conditions associated with your disease. Disability Benefits From the VA All veterans, guardsmen, and reservists who have received a diagnosis of one of the presumptive conditions above and served during the listed years at the camp are eligible for disability benefits from the VA. These benefits are separate from the lawsuit compensation, and you may be able to get both. It is, however, important to note that to be eligible for VA benefits, you must not have received a dishonorable discharge from the military when you separated. What Is the Average Settlement for Toxic Exposure at Camp Lejeune? Because this act was only signed into Federal law in early August 2022, there have been no previous verdicts upon which to draw for South Carlina residents. This means that there is no average settlement yet. Your settlement will vary based on the level and duration of your exposure, the severity of your condition, the health expenses you have accrued, and how your day-to-day life has been affected. It’s important to work with your qualified personal injury attorney at HawkLaw to determine the level of harm you have suffered. Your attorney can then help you gather medical records and evidence to support your experiences and build a strong case that you deserve compensation under a camp Lejeune water contamination lawsuit. Our law firm has a history of winning high compensation* for clients. HawkLaw fights to win, and we are ready to fight for you. If I Already Have VA Benefits, Can I Still File a Camp Lejeune Lawsuit? Yes, even if you have existing VA benefits from the Department of Veterans Affairs, you can still file a water contamination lawsuit for the same health issues. This class action lawsuit is separate from the disability claim you have already filed. This includes the ability to file a wrongful death lawsuit if you have lost a loved one due to health conditions from this contaminated water. This is part of the rights guaranteed under the Honoring Our PACT Act and Camp Lejeune Justice Act. It allows all those who have suffered the specific serious health conditions listed above to file a personal injury lawsuit as well as collect standard disability benefits under the VA, so long as you have not received a dishonorable discharge, you were stationed at the camp between 1957 and 1987, and you suffered a qualifying health condition. How Do I File a Claim If the Contaminated Water at Camp Lejeune Affected Me? The best way to file a claim is to seek help from an experienced attorney. Camp Lejeune lawyers serving South Carolina servicemembers can help you collect all the evidence you need to build a narrative and a rock-solid case for which you deserve compensation. They can help draw a connection between what has happened to you and the toxic water to which Camp Lejeune residents were exposed. They can help you get all the compensation and VA benefits to which you are entitled under the law. It is also essential to understand that there is a statute of limitations attached to this lawsuit, so it is vital to act immediately. A statute of limitations is a deadline after an injury that you have to file an injury claim. To be eligible for a Camp Lejeune water contamination lawsuit, you must file your claim within two years of the act's passing, which occurred in early August 2022. The sooner you file, the better the chance you will receive significant payouts for your injuries and damages. How the Experienced Attorneys at HawkLaw Can Help You HawkLaw is no stranger to litigating cases. We have experienced trial lawyers and seasoned negotiators. We aggressively fight for every client and care deeply for everyone we serve. We are not just a law firm. We consider our clients as family and treat them the same way. We will approach your case with compassion and understanding. We hurt alongside you, so we will aggressively defend your interests and rights. We will pursue your case to the end with determination and ambition. We understand the legal process and are well-versed in the federal laws in these cases. You deserve disability benefits, medical expenses, and compensation to cover your lost ability to enjoy the life that you have experienced. It took Camp Lejeune officials decades to address the problem of contaminated water, and there is no excuse for that. Let us remind them that you are the victim. HawkLaw fights to win, so let us fight for full compensation for you. Camp Lejeune’s Veterans Fought for Us. Let Us Fight for You HawkLaw is a South Carolina law firm that fights doggedly for our clients' rights. We represent people from all over the state and have won millions in lawsuits, settlements, and judgments for our clients over 25 years of fighting for people like you. Fighting for your rights when you are also fighting cancer or another health condition after toxic water exposure can be stressful and makes it even harder to fight for your health. It's time to have an ally who can fight back, protect your rights, and help you to seek the full compensation you deserve regarding disability benefits and a Camp Lejeune water contamination lawsuit under the Camp Lejeune Justice Act and the Honoring our PACT Act. These Federal laws entitle you to benefits for the toxic water at the camp, but getting the settlement you deserve requires help. We are ready to provide that help. Get in touch and ask about a free case evaluation* today. Just call 888-HAWKLAW or fill out our contact form, and a team member will get in touch with you. * Camp Lejeune cases will be referred to the Bell Legal Group, located at 219 North Ridge Street, Georgetown, SC, 29442, (843) 546-2408, which is a separate law firm from and has a referral relationship with HawkLaw, PA. ### How to Determine Employee Compensation When someone is injured at work, unfortunately, benefits are not automatic. Even though workers' compensation insurance in South Carolina requires that job injuries and illnesses related to working conditions are covered, it is sometimes not easy to collect what you deserve. Although benefits are defined by the law, insurance companies can make filing a claim difficult and time-consuming. You do not need extra worries or aggravation if you have a work-related injury. For help with a workers' compensation issue, call HawkLaw for sound legal advice from our workers’ compensation lawyers. HawkLaw’s steadfast lawyers will fight for you to receive a fair settlement offer. In South Carolina, an injured worker is entitled to reimbursement for the cost of medical treatment, temporary total compensation for lost time, and permanent disability benefits as part of a workers’ compensation claim. It makes no difference under the law if the injury was an accident or the result of negligence. There are some grey areas, though, in the South Carolina workers’ compensation laws. If a claim is questioned, or initially disallowed, it is wise to seek legal advice. What Does South Carolina Workers’ Compensation Cover? Work injuries qualify employees to receive three kinds of benefits. They include medical benefits, lost wages, and permanent disability. There are some limitations to coverage, and if you are injured, you make want to secure legal assistance to help determine what benefits are authorized. At HawkLaw, we always fight to win the maximum allowable benefits in each category. According to the state’s Workers’ Compensation Commission, the employer will typically report a job site injury. However, to protect your rights to receive the benefits that are due, each employee must also file a claim within 90 days of the injury or illness. A claim may be disallowed if that is not done. Items covered under workers’ comp include: Accidents or Injuries Caused by an Employee’s Work In most workers’ compensation cases, when an employee is injured in a job-related accident or contracts an occupational disease, medical care and related costs are payable under workers’ comp. Occupational Illnesses These include illnesses or conditions caused by working in an environment that is filled with allergens or harmful substances. Repetitive Stress Injuries Over time, some work causes conditions like carpal tunnel syndrome, and these may be covered by South Carolina workers’ comp, according to The Hartford Insurance Company. Missed Wages If time away from work is needed to recuperate from a work-related illness or injury, the employee may be entitled to payment for lost wages. Ongoing Care Costs Repeated surgeries or long-term occupational therapy are considered authorized expenses and are reimbursable under South Carolina workers’ compensation law. Funeral Costs If a death occurs due to a work-related injury, the family is entitled to benefits. Disability Benefits Long-term disability benefits are stipulated if an injury or illness makes continued employment impossible. How Is Workers’ Compensation Calculated in South Carolina? Benefits that are authorized for any injured employee are determined based on many different factors. In addition to medical treatment, you are entitled to receive at least a portion of your average weekly wages, based on a formula that varies based on the extent of your injuries. If you are under a doctor’s care but can perform light duty, you may be eligible for partial temporary reimbursement for lost wages until you are fully able to return to work. However, if you are offered light duty by an employer, and you refuse, you will lose the temporary reimbursement for lost wages, according to South Carolina Workers’ Compensation Commission guidelines. How Are Lost Wages Calculated Under South Carolina Workers’ Compensation? Any payment for lost wages in South Carolina hinges on the advice offered by an attending physician, personal doctor, or other authorized medical authority. Any employee who misses work for more than seven days is authorized to receive temporary compensation. It will begin on the 8th calendar day following the accident or the date you are unable to work. If you cannot work for more than 14 days, you should expect to receive payment from the first day you could not work. These payments are known as temporary lost wages, and they will be discontinued when a doctor says that you may return to work with no restrictions. If a physician limits activity or restricts an employee’s job duties because of an injury, any benefits paid will be based on the difference between actual pre-injury earnings and post-injury wages. The different compensation formulas are: Temporary Total Disability Temporary total compensation paid out under South Carolina workers’ compensation claims are based on 662/3% of the average weekly wages paid during the four quarters immediately before the injury. The amount can not be more than the maximum average weekly wage determined yearly by the South Carolina Department of Employment and Workforce. If you were working more than one job at the time of the accident, you may include earnings from all jobs to determine the average weekly wage. There are maximum amounts authorized in some cases, but the minimum is set at $75 a week, and payments can continue until you are released by your doctor to return to work with no restrictions. Temporary Partial Disability Temporary partial compensation is calculated as two-thirds of the difference between an employee's average weekly wage after an injury, the average weekly wage an employee is paid following an injury, and the average weekly wage paid for work before the accident. In South Carolina, temporary partial disability benefits are common when a doctor places an employee on limited hours of work, or if the employee cannot perform certain tasks because an injury must heal. Such payments will continue until you can return to your pre-injury duties and schedule. The law does not state the maximum number of weeks the benefit can be paid. Partial Disability There are also two kinds of permanent disability recognized by the state of South Carolina. Permanent partial disability refers to: Death Benefits In addition to the payments authorized for workers who lose income due to a work-related injury, workers’ compensation benefits may be paid to the family of an employee who dies due to a workplace injury. A spouse, child under 18, or the parents or caregivers of an adult child dependent wholly on their support are entitled to benefits if death occurs following a workplace accident. Such benefits include medical expenses. Authorized death benefits are two-thirds of the deceased employee’s average weekly wage, and can extend for up to 500 weeks. In South Carolina, the beneficiaries can also receive up to $12,000 for funeral and burial expenses. The death benefits you can receive are two-thirds of the deceased employee’s average weekly wage. This amount can be paid to you for up to 500 weeks. You can also receive up to $12,000 for burial and funeral costs in South Carolina. How Long Will My Workers’Compensation Benefits Cover Lost Wages? Injured workers can typically expect to receive benefits until they are fully released by their doctor to return to work with no restrictions. That is officially known as MMI or maximum medical improvement. The basic time frame you should remember is 150 days following notification of any accident. If you are back at work within 150 days, you should receive a Form 15, notifying you that your payments have been stopped and the reason why. You can request a hearing if you disagree. If more than 150 days have passed since notification of the accident, you will be asked to sign Form 17 after you have been back at work for 15 days. Again, if you disagree, request a hearing. Because the compensation rate varies, and the requirements for claims can be confusing, The South Carolina Workers’ Commission Commission has an online FAQ page that is a valuable resource. Payment schedules and limitations for permanent disabilities are different. They are based either on your specific injuries or loss of earning capacity. Continuing benefits are paid at the same rate as temporary benefits, and are typically limited to 500 weeks. Benefits can continue for life for employees who are considered permanently and totally disabled, and who are paraplegic, quadriplegic, or have physical brain injuries. In cases of severe injury or long-term disability, it can be beneficial to consult with a knowledgeable attorney to review your coverage and your rights under South Carolina workers’ compensation law. How Can I Increase My Workers’ Compensation Benefits in South Carolina? If you were denied benefits following a workplace injury in South Carolina, or if you suspect your offer of compensation is unfair, do not hesitate to schedule a consultation with a workers’ comp law firm. In most cases, insurance coverage for job site accidents and injuries is not a choice. Instead, it is a requirement, and all employees are entitled to state-authorized benefits and payments. An experienced law firm with a record of success dealing with the South Carolina workers’ compensation commission can advise you about the best ways to initially file a claim, monitor the action taken, file a protest, or schedule a hearing with the South Carolina Workers’ Compensation Commission. Unless your injury is minimal and your case is straightforward, there are important reasons to seek the advice of an injury lawyer. First, South Carolina workers’ compensation law is complex, and you will no doubt have many questions. A workers’ comp claim of personal injury is sometimes subject to interpretation. Insurance companies are for-profit companies, and they try to pay out as little in benefits as possible. Three steps any injured worker should consider: Schedule a consultation with a workers’ compensation attorney at the time you file a claim. Ask questions about the procedure and become familiar with your rights. If your claim is ignored, or your requests for information go unanswered, you need an attorney. An experienced law firm with a record of success dealing with the South Carolina workers’ compensation commission can advise you about the best ways to initially file a claim, monitor all action that pertains to a claim, file a protest, and schedule a hearing with the South Carolina Workers’ Compensation Commission. If you were denied benefits or suspect that a settlement offer is too low or unfair, a workers’ compensation attorney will advise you about further actions to take. Your attorney can save you time, help you get maximum benefits, support your request to change doctors if warranted, act on your behalf to process your workers’ compensation claim, and serve as your advocate until you return to work or your claim is settled to your satisfaction. At HawkLaw, We Know How Much Your Claim Is Worth Each injury is unique. It is not uncommon to discover that the offer you received is not enough to cover the medical expenses for your injuries. That is where HawkLaw can assist you. You do not have to accept an initial offer for settlement. Statistics show that people who negotiate their South Carolina workers’ compensation settlement offers will receive, on average, more than $30,000 more. That is certainly something to consider. HawkLaw’s experienced lawyers will help you negotiate with your employer and their insurance company. If you have been injured in a job site accident, think about getting help. Legal advice is not difficult to obtain. At HawkLaw, you can request a free consultation* today via phone (888-HAWKLAW) or our website. Our personal injury lawyers are ready to assist you and help win your case. ### Can You Be Fired For No Reason In South Carolina? You consider yourself a hard-working employee, yet one day, you may report to work and terminated. If you were fired unexpectedly and wrongfully terminated, you might be feeling angry and confused about what to do next. Times like this can be stressful and challenging, and whether you are receiving workers’ comp benefits or not, you may need to take further action. Hawlaw P.A. has aided individuals who have experienced being wrongfully terminated for no reason. If you feel you were wrongfully fired for no reason and wonder if you can get unemployment or worker's comp, the legal team at HawkLaw, P.A. is here to navigate your wrongful termination claim. Is South Carolina an At-Will Employment State? South Carolina is indeed an at-will employment state, which means that an employer can terminate employees at any point with or without legal reason. This ability, however, does not always protect the employer, and suing them for wrongful termination can still occur under certain conditions. What Qualifies as Wrongful Termination in South Carolina? While South Carolina is indeed an at-will employment state, there are still several ways an employer can wrongfully terminate an employee. The following qualify as wrongful firing in South Carolina. Discriminatory Reasons Employers must avoid terminating employees for discriminatory reasons, including for one’s race, gender, age, religion, sexual orientation, disability, or national origin. Discrimination, in whatever form, is an illegal reason for termination. Consider whether there is the possibility that your termination was the result of a discriminatory factor, such as sexual harassment, and thus have cause for filing a wrongful termination claim. You will need to first file a discrimination complaint with a federal or state agency before suing your employee. Were You Injured On The Job? HawkLaw Is Committed To Fighting For The Compensation You Deserve FREE CONSULTATION* Call 888-HAWKLAW Oral or Written Express or Implied Employment Contract An employer cannot simply fire an employee that is working under an oral or written express or implied employment contract. Such an oral or written contract will often provide terms of employment, including salary and detailed benefits, and that termination can only result with good cause, providing you with a sense of job security. If you do work for the employer under such a contract, the employment relationship changes, and you may not fall under the definition of an at-will employee. As a result, you may be able to enforce the provisions of the agreement by going to court. Refusing to Do Something Illegal Under labor law, an employer cannot fire employees solely for refusing to do something illegal. Remaining honest in how you perform your job should be rewarded, not punished. The three things to prove, however, include that you were solely fired for this reason, that your employer ordered you to do something illegal, and that something is defined as a criminal offense. Filing for Workers’ Compensation Suffering an injury on the job or an occupational illness and filing a subsequent workers’ compensation claim is a protected right. As such, an employer cannot fire you in retaliation for filing a workers’ compensation claim. There is, however, a particular situation where your termination may occur due to your inability to work for an extended amount of time. The employer may be unable to guarantee that a job will be available when you do become well enough to return. The important factor here, however, is that your termination was the result of the time away, not your actual injuries or illness. When termination happens while you are on workers’ comp benefits or assigned light duty, consulting with an experienced employment lawyer is essential to determine your rights and available options. Reporting a Health or Safety Violation If an employer takes the adverse action of terminating an employee following a health or safety violation reporting, the employee needs to file a complaint directly with OSHA and also take legal action. Reporting such violations to OSHA cannot be the cause for termination in the state of South Carolina, and retaliation against a whistleblower is illegal. Can I Receive Workers’ Compensation for Wrongful Termination? To file a workers’ comp claim, an employee will need to first experience an injury or illness on the job. When one of these happens, you do have specific legal rights under the SC Workers’ Compensation Act. As such, an employer is prohibited from firing you simply because you file a claim and receive benefits. However, receiving workers’ compensation for wrongful termination claims is not a common approach undertaken in South Carolina. Instead of filing workers’ comp claims for wrongful termination, an employee should instead file a wrongful termination lawsuit. What Do I Need to Prove in Order to Win My Case for Wrongful Termination? If you feel you were wrongfully fired for no reason, to win a wrongful termination case, you first must prove that your employer’s reason for termination was illegal, whether that be motivated by discrimination, breach of contract, retaliation, or the filing of a workers’ compensation claim. Common pieces of evidence to include in a wrongful termination claim include the following. Supervisor Statements Provide any supervisor statements, written or oral, pertaining to your employment and the termination. Emails Compile emails that mention you or other workers that show the employer may be responsible for discriminatory practices or other illegal actions. Proof of Supervisor Knowledge Concerning Legally Protected Activities Provide proof that supervisors knew the terminated employee was engaging in an activity under legal protections, such as the making of a health or safety violation claim with OSHA. Documentation Showing a History of Similar Terminations Show evidence that the employer has a history of terminating employees following similar activities, such as the OHSA complaint filing or benefits claim. In addition, various forms of evidence to back up your wrongful termination claim may appear in personnel records, employment contracts, performance reviews, or witness statements. What is the Statute of Limitations to File a Wrongful Termination Lawsuit in the State of South Carolina? The statute of limitations is the maximum timeframe one has to initiate a complaint or file a lawsuit. What this maximum timeframe will be depends on the type of wrongful termination claim. Discrimination Claims For discrimination claims, you will have 180 days to file with the Equal Employment Opportunity Commission. In the state of South Carolina, discrimination is also prohibited, so you have 300 days to file with the South Carolina Human Affairs Commission as well. Contractual Claims The state law of South Carolina lays out the time limit for both written and oral contractual claims as three years. Remedies the Court Will Consider After a Wrongful Termination Claim If, after filing a lawsuit against your former employer and you win, remedies that may be available to you include the following. Back Pay Back pay is calculated as the difference between what your earnings would be if not for termination and any payment received following your firing. Lost Wages Lost wages include the pay you would have received had your employer not terminated you, along with proven earned or unpaid wages or overtime. Other compensation withheld by your employer may also be included. Punitive Damages Punitive damages refer to the amount an employer must pay due to any egregious actions and are intended as a punishment to the employee so as to deter such behavior going forward. Pain and Suffering If the employer acted in a particularly reprehensible way, causing the employee to experience pain and suffering (often referred to as emotional distress), damages for such may be awarded. Reinstatement of Employment Upon winning your wrongful termination claim, in some cases, reinstatement of employment may occur. For this to be considered, the terminated employee should request reinstatement in the initial complaint filed in court. The Benefits of Hiring an Attorney After Wrongful Termination If you believe you are a victim of being wrongfully fired, consider hiring an attorney as soon as possible. Benefits of doing so include:     An attorney is already familiar with state and federal laws that apply to employment and wrongful termination.     A wrongful termination attorney is qualified to meet the needs of the case.     Your case will undergo a thorough review to determine the best course of action to take.     Your employment law attorney will assist in the gathering of supporting evidence, which may include termination paperwork, employment agreement, and the employee handbook.     Your attorney can provide guidance on filing claims with the EEOC and state agencies.     An attorney experienced in employment matters can calculate damages and fight for the full amount you deserve. Were You Terminated Unjustly? If you were unjustly and wrongfully fired by your employer, you need legal advice and representation from a dedicated law firm to help you receive the compensation you deserve. Not only will we keep your interests top of mind, but HawkLaw Fights to Win! Request a consultation today by calling 888-HAWKLAW or by filling out the contact form on our website. ### How Is Workers Comp Related to Partial Disability? When you wake up and go to work, you do not expect to get injured on the job. Yet, in  2020 alone over 29,000 workers were injured in the workplace in South Carolina. This injury can be painful, and dealing with the workers’ comp claim process can be strenuous. Your day-to-day life can quickly become stressful, and you may feel overwhelmed and all alone. For these reasons, you should focus on recovering and let the passionate workers’ comp attorneys with HawkLaw deal with all the necessary paperwork and handle the legal process for you. What is Partial Disability in South Carolina? Partial disability in South Carolina is a designated category utilized for calculating workers’ compensation claim benefits whenever an employee experiences a work-related injury or occupational disease. More specifically, partial disability is defined as a disability in which the injured employee is not entirely disabled but is incapable of performing work at full capacity for a certain amount of time. If you experience a partial disability from a work-related cause, your claim can fall into one of two distinct categories:     Permanent partial disability benefits, or     Temporary partial disability benefits Depending on the types of injuries and the severity of your injury, you will be placed in one of these two categories, and this will be what determines the amount paid out as compensation benefits under workers’ compensation law. What is the Difference Between Permanent and Temporary Disability in South Carolina? Receiving a diagnosis of a permanent or temporary disability in South Carolina will be an important factor in determining what wage benefits you can receive under workers’ compensation law. Knowing these differences is crucial, and you can benefit from seeking legal advice from a workers’ compensation attorney to help determine what you are eligible for and the weekly limits as directed by South Carolina law. Permanent Disability Under workers’ compensation claims, permanent disability may be total or partial. The two are distinct and will factor into the amount of benefits you can receive and how long you will be eligible to receive those benefits. When diagnosed with a permanent disability, workers’ comp coverage will continue over the long term. The calculation for what you will receive will depend on the type of injury suffered and whether or not you can continue working in at least a reduced role. Specifically, under South Carolina Code 42-9-10, what constitutes a permanent total disability is quadriplegic, loss of vision in both eyes, paraplegic, and physical brain damage. These total permanent disability conditions are not subject to the weekly compensation limit and instead are awarded lifetime benefits. Partial permanent disability, on the other hand, differs in that it is defined by the permanent loss of a body part or the loss of use of a part of the body. Examples that fall under partial permanent disability include the loss of a finger, toe, arm, leg, or eye. Loss of hearing also falls under partial permanent disability. A benefit schedule is clearly laid out in South Carolina law when it comes to payouts of permanent partial disability benefits. If your work-related injury leads to the permanent loss of use of a part of your body, your benefits will follow this defined schedule. Benefits will be distributed weekly, calculated at two-thirds the amount of your pre-jury wages. These weekly benefits will continue for a determined period of time-based on the body part affected or disabled and the extent to which loss is experienced. This loss will be presented in percentage form for calculations. Examples of loss and the timeframe for receipt of benefits include:     Loss of one thumb — payouts for 65 weeks     Loss of a hand — payouts for 185 weeks     Loss of an arm — payouts for 220 weeks     Loss of a shoulder — payouts for 300 weeks     Loss of a foot — payouts for 140 weeks     Loss of a hip — payouts for 280 weeks     Loss of a leg — payouts for 195 weeks     Loss of an eye — payouts for 140 weeks     Complete loss of hearing in one ear — payouts for 80 weeks A full list of these permanent disabilities and their payouts can be found under South Carolina Code 42-9-30. Temporary Disability Under South Carolina Code 42-9-20, the employer will pay an injured party a certain amount of benefits for temporary disabilities. More specifically, for those suffering partial disability that is temporary, wage benefits will be distributed weekly. The amount of these distributions will be calculated at two-thirds of the injured employee’s average weekly wage, and benefits will last for a maximum of 340 weeks. Not everyone will receive the entire 340 weeks, however. A temporary partial disability is considered short-term, lasting only until an injured worker is able to return to work in a normal capacity.  In the meantime, the employee may be assigned light duty for a set period of time until they recover enough to return to that full capacity. As such, if you recover from your work-related injury and return to work without restrictions before you reach the maximum payment schedule, the weekly benefits will cease, and you will be back to your pre-injury wage schedule. How Do You Receive Partial Disability Benefits for Workers’ Comp? To receive partial disability benefits for workers’ comp, you will first need to obtain an impairment rating from a medical professional.  If your work-related injury has resulted in a lasting disability, your doctor will determine to what extent. Here is how the process works. The treating physician will assign the injured worker an impairment rating once that claimant has reached what is referred to as maximum medical improvement (MMI). The compensation rate, or award, will be based on that rating information. For example, if the employee is assigned a permanent impairment rating upon reaching MMI, they will be entitled to a determined permanent partial disability award. In South Carolina, this award remains in place even if you return to the same job with no added restrictions. How Long Can You Stay on Partial Disability in South Carolina? How long you can stay on partial disability in South Carolina is an essential question to ask as you may rely on these weekly benefits to help you get through a challenging time. According to South Carolina law, the limit for a claimant to receive partial disability payments in South Carolina is 340 weeks, and this will be based on a reduced earning capacity. (S.C. Code § 42-9-20) Reduced earning capacity, simply put, is the difference between the amount of your pre-injury wages and what you are able to earn now. It is purely an economic model used to calculate the amount of partial disability benefits an employee is entitled to in the state of South Carolina. Under this method, maximum and minimum weekly benefit amounts will be the same for temporary disability and permanent disability based specifically on the income loss suffered. As you can see, worker’s comp claims for partial disability can quickly become complicated. To help you receive the weekly benefits you deserve, you may want to consult with an attorney familiar with the South Carolina workers’ Compensation Act. Your attorney should also have experience working directly with the South Carolina workers’ compensation commission. What are Other Workers’ Comp Benefits in South Carolina? Other workers’ comp benefits paid out in South Carolina include medical expenses and death benefits. Medical Expenses Under workers’ compensation insurance benefits in South Carolina, payment is available to a claimant for all authorized medical care expenses relating to the work-related injury. These medical benefits include doctor visits, medical procedures, treatments, physical therapy, and any other services required for your care. In addition, if you have to travel more than ten miles to your medical treatment appointments round trip, you also may receive payment for mileage. Death Benefits If an employee dies immediately or within a set period of time due to a work-related injury or illness, South Carolina workers’ comp will pay out death benefits to the surviving dependents of that deceased employee for 500 weeks. The total amount of this benefit will be the same as provided in a total disability case. However, it may be spread out among several surviving dependents. In addition, workers’ comp in South Carolina will pay burial expenses for the deceased employee, all the way up to $12,000. Do Not Let Your Workplace Injury Get Overlooked Navigating the South Carolina workers’ compensation system and working with an insurance company can be challenging, but it is imperative that you do not allow your workplace injury to go overlooked. The experienced personal injury and workers’ compensation attorneys at HawkLaw will fight to obtain the benefits you deserve, including any partial disability benefits. Schedule a consultation with our firm today by calling 888-HAWK.LAW or through the online contact form on our website. ### While on Workers Compensation Benefits, Can I Get Fired? The idea of not being able to return to work after an injury is a terrifying prospect. This is particularly true if a workplace injury interferes with injured workers’ basic ability to do their jobs. At-will states like South Carolina do not require employees to document a legal reason for terminating your employment. What most people do not realize, however, is that there are limits to at-will employment, especially when it comes to protections for those who file a workers’ compensation claim. The right workers’ compensation attorney can help guide you through the process of filing a workers’ comp claim without fear of retaliation. At HawkLaw, P.A., we have years of experience dealing with workers’ compensation cases and workers’ compensation law. Regardless of what happens, HawkLaw can protect you in cases of wrongful termination. HawkLaw fights to win, and we are ready to fight for you. When Should I File a Workers’ Compensation Claim? The workers’ compensation system is in place to protect everyone who gets hurt at work or suffers a work-related injury. This no-fault insurance is not concerned with specifically who caused the action or how it happened, so long as it happened during your normal work duties. If you have been hurt at work, you should report it to your employer as soon as possible. It is important to act quickly; if you do not report injuries within 90 days, you can lose your right to benefits. After this, you have two years from the date of the accident to file a claim with your job’s workers’ compensation insurance company. What Happens After I File a Workers’ Comp Claim in South Carolina? If you qualify to receive workers’ compensation disability benefits, you will receive a check from the South Carolina Workers’ Compensation Commission to cover all your medical treatment bills and expenses as well as two-thirds of your weekly wages, up to a maximum cap that is adjusted annually. You will be assigned an authorized treating doctor who will determine the extent of your injuries and how long you will be out of work. You may receive total or partial disability benefits depending on how extensive your injuries are. Even relatively short-term injuries may qualify you for some level of temporary benefits. Your benefits can last for life if your disability is permanent after you have reached a state of maximum medical improvement, or MMI. If it is a temporary disability, your benefits will terminate after your doctor releases you to go back to work. After you return to work, you will be asked to sign Form 17 after 15 days. This serves as a receipt of compensation. In some cases, you may only be able to return to light duty. If your doctor orders this, your employer must, under the Americans with Disabilities Act, make reasonable accommodations to allow you to perform your new job duties with work restrictions. If your employer cannot accommodate you, you are entitled to total disability. The most common disputes requiring legal advice from a workers comp attorney involve whether an employee is able to return to work. If you are being ordered to return to work before you are able to do so, the HawkLaw law firm may be able to help. Call us at 888-HAWKLAW or complete our online form to speak with an experienced South Carolina workers’ compensation lawyer. You may be entitled to a free case evaluation.* Can My Employer Fire Me While I Am on Workers’ Comp Benefits in SC? The short answer is that your employer may not, under any circumstances, fire you because you filed a workers’ comp claim. This is illegal retaliation and is a form of wrongful termination. Your employer can, however, fire you for any other reason while you are on workers’ compensation. South Carolina may be a right-to-work state, which means employers can fire at will, but that doesn’t extend to workers comp claims. If you file a workers comp claim and your employer tries to fire you, talk to your workers comp lawyer—you may be able to file a lawsuit against your employer. South Carolina works to ensure that employees are safe from retaliation. However, that protection mainly extends to your workers comp benefits. If you’re unable to work for some time, you may not be guaranteed a job when you’re well. If this is your case, your benefits won’t be discontinued, but you may need to consider other employment options if your injuries are temporary and you weren’t fired because of your injuries. What Are the Rules for Firing an Employee in South Carolina? South Carolina is an at-will employment state. This means that your employer is not required to provide a legal reason for your dismissal. There are many ways in an at-will state that your employer can fire you legally. These reasons include, but may not be limited to, reducing the workforce, the need to replace your position, an inability to accommodate you, a violation of company policies, poor performance, and insubordination. Reduction of Workforce Reduction of the workforce is commonly called “layoffs.” If your employer is downsizing, they can legally let you go for this reason. If you are the only one released in this manner, however, you should speak to a workers’ comp law office for advice. Inability to Operate Without Your Position If your position is essential to the operation of the company, and the employer cannot continue to operate without you, they can fire you. If they do not, however, replace you in the same position so they can show that firing you was necessary, you may be able to make a case for retaliation. Inability to Accommodate Worker If the employer cannot accommodate you based on the work restrictions recommended by your doctor, they may be able to dismiss you. In such a case, you may be entitled to continue receiving permanent disability benefits under workers’ compensation law. Violation of Company Policy If your company can show that you did something that clearly violates their company policy, they can dismiss you. If they think they can show that this violation also caused your injury, they may try to deny your benefits. A workers’ compensation lawyer can help you fight back in these cases. Poor Work Performance The employer can cite poor performance as a reason for the firing. They may simply state that your performance was below company standards. Insubordination If your employer can show that you constantly and unjustly challenged authority, or did so in an egregious manner, your employer may terminate your employment for insubordination. Does Termination Affect My Workers’ Compensation Benefits? Regardless of whether you are fired, workers’ compensation will pay your medical bills. The key, however, is that your claim must be valid under South Carolina workers’ compensation law, meaning the injuries were job-related. In the case of permanent injury, you are entitled to up to 500 weeks of workers’ compensation regardless of your employment status. People who have sustained injuries that left them partially or totally paralyzed (paraplegic or quadriplegic), or those who sustained permanent brain injuries, may be compensated for life. Again, however, the injury must be a valid injury under and approved for workers’ compensation. What Should I Do if I Was Wrongfully Terminated? Even though South Carolina is an at-will state, if you were wrongfully terminated, you may be able to sue your employer. You will, however, need to prove that the termination was retaliatory. It can be difficult to build evidence for this. If your employer cites layoffs, for example, but you are the only person laid off, this may be the beginning of a case. If they cite insubordination or poor work performance, but you have consistently had glowing performance reviews, you may be able to challenge it. Often, however, the situation is not so cut-and-dry, and proving that you were the subject of a retaliatory firing can be very tough. Building a case requires specific legal knowledge and experience. That is why it is so important as soon as you file a workers’ comp claim in South Carolina to contact a qualified workers’ compensation attorney for assistance. HawkLaw Fights to Keep You Safe From Retaliation HawkLaw will fight by your side every step of the way to protect your right to workers’ compensation and protect you from wrongful termination and retaliation from your employer. We are a caring ear and a determined friend when you need it the most. We will build a case to support you and fight for as long as we must to help you get the benefits you deserve and to which you are entitled under the law. See our disclaimer at the bottom of the page to discover if you are entitled to a free consultation.* If you need help with your claim, call us at 888-HAWKLAW or complete our easy online contact form to speak with a member of our experienced legal team today. Remember, HawkLaw fights to win. We have won thousands for past clients and can do the same for you. ### Mental Benefits for South Carolina Workers' Compensation Serious workplace injuries can affect you for a long time, both physically and emotionally. People who experience a traumatic event are at high risk for developing mental health disorders such as post-traumatic stress disorder (PTSD), acute stress disorder, depression, and anxiety. These psychiatric disorders can be just as disruptive as physical injuries to many people. They not only make it difficult to cope with day-to-day life but also may affect your long-term health. If you experience such a condition, HawkLaw workers’ compensation attorneys will help you get compensated for your injuries, so you can spend more time recovering from your trauma. Call our lawyers to start healing today. To help you become familiar with what may be possible and what your attorney may obtain in terms of mental health benefits under South Carolina workers’ compensation law, we provide beneficial information below. Are Emotional Injuries Covered by South Carolina Workers’ Compensation Law? Under South Carolina law, you can collect workers’ compensation insurance benefits for emotional injuries regardless of whether or not you sustained a physical injury. You just have to meet specific criteria, which include the following: Injury must be sustained as a result of one of the three categories listed above: mental-mental claims, physical-mental claims, or mental-physical claims. The employee must prove the conditions causing stress were extraordinary and unusual to normal work performance conditions. People who work as first responders (e.g., police officers) have difficulty collecting workers’ compensation for psychological injuries because exposure to traumatic events of employment is part of their job. Emotional injuries did not occur as the result of standard personnel actions. You cannot collect compensation benefits for mental health conditions that occurred as a result of such actions as being fired, laid off, disciplined, transferred, or demoted. The exception to this is when such actions occur in a manner that is extraordinary and unusual. South Carolina’s workers’ compensation law provides guidance as to when and if compensation may be provided for an employee’s mental illness or injury when it is also accompanied by a work-related physical injury or an illness.  As this can quickly become complicated and overwhelming to understand and prove, obtaining legal advice will be beneficial. What is the Statute of Limitations for Reporting a Psychiatric Injury? Workers compensation for mental health will need to adhere to a defined legal timeline and statute of limitations for filing a claim for psychiatric injuries. Most injuries need to be reported to your employer within 90 days, but determining the exact date of a mental injury is difficult. In such cases, under South Carolina workers’ compensation laws, you can notify the employer within 90 days of discovering the emotional injury. For example, an employee may suffer post-traumatic stress disorder following a traumatic workplace event. However, in many cases, PTSD symptoms do not manifest or become noticeable until weeks, months, or even years later. After reporting to your employer, you have two years to file your workers’ compensation claim in South Carolina. What is the Difference Between Physical and Emotional Injuries in South Carolina? When it comes to physical and emotional issues in South Carolina, it is essential to understand differences and what type of claims can be made for workers’ compensation benefits. While physical injuries can cause emotional injuries and vice versa, the distinction is not always so straightforward. Physical injury is defined as bodily injury or damage and may include cuts, abrasions, burns, bruises, or physical disfigurement. It also may result in physical pain, functional impairment of a body organ, member, or your mental faculty, or any other type of bodily injury, regardless of whether it is temporary or not. Emotional injury differs in that this type of injury refers to impairment or disorder of the psychological or intellectual capacity of an individual. To fit this definition, the injury must be evidenced by a clearly observable and substantial reduction in the individual’s ability to function within a recognized normal range of behavior and performance. Such conditions are also referred to as psychological injuries. To be compensable under workers’ comp law in South Carolina, work-related injuries must meet one of the following criteria. Mental-Mental Claims Mental-mental claims do not involve physical injuries. Instead, one’s mental illness is caused by a stressful work environment where there exists extraordinary and unusual occupational stress. This level of stress is beyond what is considered to be normal work conditions as experienced by an average co-worker or employee. Physical-Mental Claims A physical-mental claim is when a mental disorder is caused by a physical injury that required or continues to require medical treatment. An example of this type of claim is when an employee receives a diagnosis of clinical depression resulting from a work-related bodily injury or a work-related illness. Another example is when a injured employee suffers a back injury that leads to diagnosed anxiety due to the inability to function as they once did. Mental-Physical Injury Claims The mental-physical claim is one in which a physical injury occurs due to a diagnosed work-related mental illness or disorder. For example, due to working conditions and occupational stress, the individual develops ulcers or suffers a stroke. How Do I Collect Workers’ Comp Benefits for Psychiatric Injuries? In order to collect workers’ comp benefits for psychiatric claims, you must provide medical evidence that your work in some way caused the psychiatric injury. Medical evidence is essential and refers to the expert opinion or testimony put forth with a reasonable degree of medical certainty, along with documentation, records, or other proving materials that are submitted by a health care provider, usually a board-certified psychiatrist or a clinical psychologist (SC Code of Laws, §42-1.160(G)). Also, if you have sustained physical injuries, both your doctor and a psychiatrist will need to confirm that the mental disorders and your symptoms are job-related. Essentially, the overall claims process will involve the following steps: 1. Notify your employer that an injury or illness has occurred In South Carolina, an employee is required to notify the employer within 90 days of the work-related accident that caused the injury or within 90 days from the date that you discovered an injury that is compensable. 2. Employer Files a Claim Your employer, once notified, files its own claim with the South Carolina Workers’ Compensation Commission. 3. Acceptance or Denial of Claim Once notice is given, the employer or its insurance company will either accept or deny your workers’ compensation claim. 4. Employee (Claimant) Can File for a Hearing As the injured claimant, if your employer or insurance company denies the claim or fails to make payment in accordance with what you are entitled to, you can file for a hearing with a worker’s compensation commissioner. At the hearing, claim-supporting testimony and a presentation of your medical evidence can be presented by you or your workers’ comp benefits attorney. 5. Issuance of a Ruling A ruling will be issued by the workers’ comp commissioner as to whether your injury is compensable according to South Carolina law and what those comp benefits will be, which may include coverage for medical and mental health treatments. Does Workers’ Compensation Cover PTSD Treatments in South Carolina? PTSD, post-traumatic stress disorder, is a distinctive mental health condition where the individual suffers emotionally and mentally following an experience or the witnessing of a particular event that caused intense feelings of terror, helplessness, or fear. Is PTSD considered a work-related injury? The answer is that it depends. In the state of South Carolina, workers’ comp law currently restricts the availability of benefits for such psychological injuries as PTSD. However, if the mental health conditions are a result of a workplace injury or the occurrence of an extraordinary situation, compensation will be available. These extraordinary situations include: Witnessing the death of another individual in the workplace Sexual assault that was committed by your co-worker during the course or scope of your employment Abuse from another employee or co-workers Criminal Activity which victimized you in the workplace, such as an active shooter situation or robbery As a result of any of these, an employee suffering post-traumatic stress disorder can receive workers’ compensation coverage for treatments. These treatments may include talk therapy, biofeedback therapy, or cognitive-behavioral therapy. Treatment also may include prescribed medications to treat such symptoms as depression or anxiety. Physical symptoms relating to post-traumatic stress disorder, including gastrointestinal issues or migraines, may additionally be treated with medications. If a bodily injury does not accompany the PTSD, your claim will need to prove that the post-traumatic stress disorder is due to unusual and extraordinary workplace conditions. Medical evidence will be required, showing that the condition resulted from those workplace conditions also. Can I Get Workers’ Compensation for Stress-Related Injuries? Under a mental-physical claim, injured workers may be able to receive workers’ compensation benefits for stress-related injuries as long as they meet the criteria discussed above. Essentially, the mental injury or illness of stress must have occurred within the workplace or during the course of your employment. A resulting physical injury must be found by medical professionals to be causally connected or related to that diagnosed stress with a work-related cause. Your dedicated workers’ compensation attorney can provide legal advice, help you present evidence, and file a claim, so you have a strong chance of receiving these benefits in such occurrences of stress-related injury situations. Does SC Workers’ Compensation Cover Other Types of Emotional Injuries? In addition to post-traumatic stress disorder, workers’ compensation covers other kinds of mental health issues or emotional disorders. Such emotional injuries potentially receiving coverage include acute stress disorder, depression, and anxiety. All of these can severely restrict an employee’s capabilities, both in the workplace and in their day-to-day lives. It is important to note here that workers’ compensation claims for mental illness are often contested by employers who argue something in the worker’s personal life is causing emotional or mental health issues. These issues may include grief at the loss of a loved one, divorce, illness of a child, and so forth. Therefore, to receive benefits, you will need to prove that the emotional injury was directly caused by your employment. Workers’ comp claims for emotional injuries are complicated, especially when no physical injury occurs. These situations are where your workers’ compensation lawyer can help. Not only will that lawyer be able to assist you in compiling the medical evidence required to prove your claim, but they will also handle communications with the employee and insurance company, particularly if those entities contend that the emotional disorder is not work-related but is a personal issue. HawkLaw Fights for Your Mental Health When it comes to your rights under South Carolina workers’ compensation law, HawkLaw stands ready to fight for you and the benefits you deserve for mental health injuries or illnesses suffered in the workplace. If you are seeking a law firm to assist you in claiming these benefits, or you have questions as to whether you are eligible or not, let us provide the information and legal advice you need. Call 888-HAWKLAW today or enter your contact information in our online form to request a personal consultation. One of our HawkLaw team members is ready to take your call and help you find the help you need. ### Will Lost Wages Be Covered By Workers Comp Experiencing a workplace-related injury can cause plenty of negative consequences, whether it be through lost wages, medical care and treatment, or navigation of South Carolina’s complicated workers’ compensation laws. Even in cases where the employer is likely at fault for an injury, you can still have your claim denied. Those unfamiliar with their rights may end up losing thousands of dollars in benefits in the process, and that can lead to devastating financial hardship. At HawkLaw, we have fought and won more than $200M for our clients. We will diligently fight as hard as we can to help you receive the compensation you deserve. What Compensation Will Injured Workers Receive for Lost Wages in South Carolina? Workers’ Compensation benefits depend on the extent of your injuries and your ability to perform assigned work duties, all according to your authorized treating doctor. Depending on your ability to return to work, under South Carolina workers’ compensation, you may receive     Temporary partial disability benefits (TPD)     Permanent partial disability benefits (PPD)     Temporary total disability benefits (TTD)     Permanent total disability benefits (PTD) Partial Disability Benefits Partial disability for injured workers means that you can perform some of your assigned work duties. As a result, workers’ comp will cover two-thirds of the difference between your original full-time salary (pre-injury) and your salary performing reduced work duties. For example, if you were making $1,000 as the average weekly wage prior to your injury and $500 a week on restrictions (lighter work duties), then your temporary partial disability benefits will equal $333.33. Total Disability Benefits Temporary total disability (TTD) is paid to employees who are unable to return to work until they receive proper medical treatment for their injury. Workers’ comp benefits will pay out two-thirds of the employee’s original salary. For those with permanent total disability, long-term weekly benefits may be paid out. Who is Entitled to Workers’ Compensation in South Carolina? Almost everyone is covered by workers’ compensation in South Carolina; however, there are a number of exclusions, and certain workers may not be legally able to file workers’ comp claims. For example, employers are not required to provide workers’ comp coverage and benefits for independent contractors, casual employees, off-work employees, or employees who work for a company with only 1-4 employees. Workers in certain industries are also excluded, including federal employees, railroad employees, and agricultural employees. You can find out more information about who is excluded by visiting SC Code of Laws, page 7. What Counts as a Workplace Injury in South Carolina? A workplace injury is one that is suffered due to an accident that occurs during the course of one’s employment. Examples of the causes of workplace injuries include a slip and fall, being hit by a falling item, an accident working with certain equipment, inhalation of toxic fumes, or experiencing a crash while driving to or from a work meeting. Chronic illnesses developed from the workplace, such as carpal tunnel, are also covered by workers’ comp. If you suspect you are entitled to receive workers’ compensation, consult with HawkLaw as soon as you are able. We can thoroughly review your case and provide guidance. How Do I File a Workers’ Compensation Claim in South Carolina? Filing a workers’ comp claim in the state of South Carolina requires you to take certain steps in a timely manner. First, you need to file a report directly with your employer. If you are injured, file a report as soon as possible following the accident that caused the injury. Failing to timely report your work-related injury within an exact 90 days of the accident can lead to disqualification for receiving benefits at all! After filing the injury report with your employer, you next need to file a workers’ comp claim. While your employer’s representative will most likely file one with the SC Workers’ Compensation Commission, you, the injured worker, also need to file your own claim. This claim must be filed with the Commission within two years of the date the accident occurred in order to preserve your full rights to benefits. If you are a dependent of an employee involved in a fatal workplace accident, you must file the claim within the two-year timeframe from the first day of injury and death in order to protect the right to compensation. To file, the injured employee must begin the claim process by completing the downloadable workplace injury claim form (Form 50) from the Commission’s website. A dependent of a deceased employee must file a workplace death claim form (Form 52). These claims must be submitted directly to the Workers’ Compensation Commission before the two-year deadline. The filing of this claim does not require any fees. Does Workers’ Comp Cover Employees Who Have Passed Away from Their Injury? Workers’ compensation insurance does cover employees who pass away as a result of an injury sustained during a workplace accident. A spouse, child under 18, or adult child dependent wholly on his or her parents are entitled to workers’ comp benefits, including medical expenses, when their family member dies from an on-the-job injury. The death benefits you can receive are two-thirds of the deceased employee’s average weekly wage. This amount can be paid to you for up to 500 weeks. You can also receive up to $12,000 for burial and funeral costs in South Carolina. How Long May I Receive Workers’ Compensation Benefits in South Carolina? How long you or your dependents may receive workers’ compensation disability benefits in South Carolina can vary and will depend on your impairment rating and whether it falls under temporary or permanent disability. Temporary Disability Under temporary disability, workers’ comp benefits can continue until your doctor expressly permits you to return to your employment (with restrictions or without) or at the point where you have reached what is referred to as maximum medical improvement. If it has been beyond five months since the date the workplace accident occurred and your doctor has still not issued permission to return to work, the employer’s workers’ comp insurance carrier will need to take specific steps to discontinue weekly benefits. Permanent Disability In some cases, a workplace injury will leave you permanently disabled. If that happens, you will receive workers’ compensation disability payments for up to 500 weeks depending on the severity of your injuries. Covered medical conditions include missing fingers, toes, eyes, or limbs; loss of hearing and vision; and so forth. However, people who undergo severe injuries such as paralysis or brain damage, or suffer permanent total disability will receive workers’ compensation disability payments for the rest of their life. (S.C. Code § 42-9-30) Why Should I Hire a South Carolina Workers’ Compensation Attorney? Hiring a South Carolina workers’ compensation attorney can help you not only recover lost wage benefits but also represent you throughout the hearing process if it has to go that far. You may even want to work with an attorney to help you file your workers’ comp claim to help you obtain the maximum benefit. Situations in which you will benefit from working with an attorney include:     You receive a denial of your claim.     The benefit amount of a claim is not paid promptly.     A settlement offer covers medical benefits but fails to cover wage loss benefits.     Your workplace injury results in medical conditions that limit your work abilities, keeps you from resuming your prior employment, or prevents you from performing any of the work at all. Also, if you are claiming that as a result of your work injury, you have become permanently disabled from returning to any work, you need to protect your right to file for future benefits under social security disability. In cases where your employee’s insurance company has not filed a claim report, denied your claim, or you feel you are not receiving all of your entitled income benefits, your attorney can file a request for a hearing to the Workers’ Compensation Commission’s Judicial Department. A hearing will be scheduled where a South Carolina Workers’ Comp Commissioner will receive evidence and hear testimony before making a decision whether you are to receive compensation and, if so, which benefits are due to you. Essentially, then, your attorney can file your claim, negotiate a settlement on your behalf with the insurance company, navigate the hearing process, and protect your rights. At HawkLaw, We’ll Fight for Your Peace of Mind When it comes to workplace injuries, you need to know your rights and to what workers’ compensation benefits you are entitled. The personal injury lawyers at HawkLaw know the process for filing workers’ comp claims and can fight for all the benefits you so rightfully deserve. Request a free consultation* today by calling 888-HAWKLAW or go online and fill out our online contact form. ### The Difference Wrongful Death Between And Survival Action Losing a loved one is a hard and usually traumatic experience. The death of a family member can bring out emotions of both sadness and anger. You want to hold somebody accountable for their death, especially if your loved one lost their life due to a negligent act that was entirely preventable, such as a car accident caused by reckless driving. If your loved one lost their life via medical malpractice, it can be difficult knowing against whom to take action. The caring and compassionate accident attorneys at HawkLaw, P.A. understand the devastation when an event like this occurs and can help you by navigating the legal process of suing for wrongful death or a survival action claim. To request a free consultation*, call the wrongful death lawyers at 888-HAWKLAW to speak to a member of our team about survival claims. What Is Wrongful Death vs. Survival Action in South Carolina? Wrongful death and survival action claims are similar in some ways. There is a key difference as well. Wrongful Death A wrongful death case is often filed when the beneficiaries of the deceased, usually surviving family members or the estate of the decedent, recover compensation for the harms they have suffered as a result of the untimely death of their loved one. Most often, the person filing for wrongful death would be a surviving spouse, the deceased’s children, the deceased’s parents, or any other person legally financially dependent upon the deceased victim. Survival Action A survival action is a little different from a wrongful death claim in that it is targeted in such a way that family members of the decedent would be repaid for any damages the deceased would have recovered had they survived and been eligible to file their own personal injury lawsuit. Usually, the executor of the decedent’s estate will file this type of claim. What Are the Damages in a Wrongful Death Lawsuit in South Carolina? When an untimely death occurs, family members often find themselves in a difficult financial position while they are grieving. Under South Carolina state law, family members are entitled to pursue a claim to recover compensation for the financial losses suffered. This includes any medical expenses or property damage accrued due to the event that led to a loved one’s premature death, along with the following: Loss of Financial Support If the decedent’s income was relied upon to cover household expenses, family members can pursue recovering the loss of financial support. To do so, they must prove the deceased supported them financially and the amount the decedent contributed to their support. Loss of financial support may also include any inheritance that was lost. Loss of Services The loss of a family member is devastating. Surviving loved ones can pursue damages for loss of services, which means they can receive a monetary award for the loss of the contributions/duties the family member made to the household, including loss of consortium. Funeral Expenses Family members under a wrongful death claim can receive payment to cover the often expensive costs associated with burial expenses. Loss of Companionship, Comfort, Assistance, and Affection Loved ones of the deceased may be eligible to recover damages to compensate them for the devastating loss of the companionship, care, and protection their loved one provided. Additionally, family members are eligible to pursue compensation for any medical bills or mental anguish that disrupts their ability to work. In some cases, depending on the severity of the recklessness involved, a family may also be entitled to pursue punitive damages. What Are the Damages in a Survival Action Suit in South Carolina? If the decedent had survived the accident that led to their premature death, a survival action would give compensation they would have been awarded in a personal injury case had they survived to their estate. The types of damages they can recover include: Pain and Suffering The executor of the estate is permitted to file a claim on behalf of the decedent for the pain and suffering they experienced due to the accident. Medical Expenses The estate can pursue compensation for any medical expenses the victim accumulated while being treated for injuries before they died. Loss of Wages From Injury to Death If the decedent did not pass away immediately in an accident, the estate can file legal action for any loss of wages they experienced while trying to recover from the injuries they suffered. Either way, the plaintiff of a survival action claim must be the legal or personal representative of the estate, and there must have been just cause (e.g. the defendant recklessly caused the decedent’s death). Survival action claims are completely separate from wrongful death actions. Can You Sue for Both Wrongful Death and Survival Action? In most instances, these two types of suits are brought to court by different parties. The surviving members of the deceased will bring up a wrongful death suit to get compensated. Survival actions are usually by the executor of the deceased’s estate who recovers losses to be returned to the estate. Since this person is responsible for paying debts, they can recover losses the estate suffered to ensure those bills are paid without diminishing the value of the victim’s estate. Do I Need a Lawyer For a Wrongful Death or Survival Action Claim in South Carolina? If you are a family member seeking to file a wrongful death claim or the representative of an estate who seeks to pursue a survival action claim in South Carolina, it is a good idea to consult with a knowledgeable attorney who is well-versed in state law. A personal injury lawyer is well-versed in both processes and can determine what the courts are looking for in terms of evidence of proof. Are You Seeking Compensation for the Death of Your Loved One?  If you have experienced the trauma associated with the loss of your loved one, the compassionate and experienced wrongful death attorneys at HawkLaw are here for you. We understand the devastation families go through and, while the last thing they want to think about is finances, the reality is that bills will still need to be paid. Filing a claim for compensation also can offer families justice and some closure to the devastation they have experienced. To learn more about how the personal injury attorneys at HawkLaw can help, call our law firm at 888-HAWKLAW or complete the online contact form. A member of our legal team will get right back to you to provide a free consultation* as well as answer any questions or address any concerns. We promise to deliver sound legal advice to all our clients as they examine their legal options. ### Passenger Injured in a Car Accident in SC? Can the Passenger of an Accident Be Compensated in South Carolina? Car accidents can occur in the blink of an eye. One second, you are fine and healthy. Next, your life might be changed forever. Not having control of the car as a passenger can be terrifying, even more so when you end up in a car accident that leaves you with injuries.  If you or a loved one suffered a South Carolina accident, it is important to know your legal rights as a passenger. The experienced attorneys at HawkLaw P.A. are here to help you and provide sound legal advice. To request a free consultation* from an accident attorney at our law firm, call 888-HAWKLAW. What Should You Do If You Were the Passenger in a Car Accident in South Carolina? As a passenger involved in an auto accident, the steps are much the same as you should take if you were driving. Seek Medical Attention Call 911 if anyone appears injured and needs emergency treatment. If no injuries or minor injuries are apparent, it is still a good idea to seek medical attention as soon as possible. Sometimes, car accident victims suffer injuries not readily seen, and diagnostics or other tests are needed to detect them. Get a Copy of the Police Report Contact the police to come to the scene of the accident to file a report. This documentation will prove to be important later on if there are any injuries because it will outline the accident, what happened, and shed light as to which driver was at-fault or any other conditions present that might have led to the crash. Gather Evidence After an auto collision occurs, gather as much evidence as possible. This ensures you have a careful timeline of the events that transpired before, during, and after the auto collision. Evidence accident victims should collect includes: Location Time of day Photos of the vehicles Names and contact information of eyewitnesses Car insurance company for all drivers Copy of the police report Additionally, try to take photos or videos of the accident site to show any relevant details, such as skid marks, traffic signs, road debris, potholes, or any other road conditions present that may have contributed to the accident (even if you are not sure if these details matter – they just might). Keep Record of Medical Expenses Keep meticulous records of any visits you make to the doctor, hospital, or another healthcare facility. Any medical bills and receipts of payments you have made should also be collected and organized so you have an accurate account of your medical expenses to present if needed. File a Claim with the Correct Insurance  Knowing which insurance company to file a claim with can be tricky. You may need to file with the at-fault driver’s insurance, but in some cases, you may need to file a claim with your own insurance company. A car accident lawyer well-versed in South Carolina law can advise you on the best course of action in a motor vehicle accident, along with handling the bureaucracy associated with insurance companies. Can I File a Personal Injury Claim If I Was the Passenger in a Car Accident? In South Carolina, you can file a claim against an at-fault driver, whether they were the driver of your car or the driver of the motor vehicle with which your car collided. Many people are often hesitant to file an insurance claim, especially if the motorist was a family member or friend. Victims of car crashes should remember that this is why people pay insurance premiums – to cover the costs of any injuries and property damage caused by the driver of the car. Injured passengers are entitled to receive compensation to cover medical expenses, lost wages, surgery, rehabilitation, pain and suffering, and any other losses suffered as a result of the crash. A personal injury attorney experienced in dealing with South Carolina car accident cases can best determine which company to file a claim with and how to present your case. What Coverage Would Pay for the Injuries to the Passenger? Passengers in a car accident are often covered by the at-fault party’s insurance policy and can file a claim with the driver’s insurance company to receive compensation for any injuries suffered. In the event the driver was uninsured, you can file a claim with your own auto insurance. Insurance That Covers Passengers in a Car Accident Every state has rules for motorists to carry liability insurance to cover the expenses associated with harm to any at-fault third parties who caused damages in a crash. That being said, rules associated with this type of insurance will vary from state to state when making an accident claim. In South Carolina, all drivers must carry liability and uninsured motorist coverage. $25,000 Bodily Injury Per Person $50,000 Bodily Injury Per Accident $25,000 Property Damage Per Accident What Happens If You Were the Passenger in a Company Vehicle that Got in an Accident? If you were a passenger of a company vehicle that crashed, to file a claim with the company’s insurance policy, the vehicle would have needed to be on-duty and proven there was negligence of duty of care. In other words, the driver must have been “on the clock” while driving the vehicle and it typically must be concluded they caused the crash. Personal Injury Protection Personal injury protection (PIP) is not a requirement or available in South Carolina. MedPay insurance coverage, similar to PIP, is available but does not cover certain provisions, such as lost wages or assistance with home tasks if unavailable to perform them yourself. Workers’ Compensation All businesses are required to carry workers’ compensation insurance, which is a policy that pays employees injured on the job or during the course of employment. As a passenger in an on-duty vehicle, you may be eligible to file for workers’ compensation. It does not matter who caused the accident if the company vehicle is “on the clock”. To file for workers’ compensation you must: Immediately notify the employer Fill out required forms Submit forms Insurance company investigates claim The investigation of the claim may involve a medical exam by one of the company’s doctors. Based on their findings, a decision is made regarding how much compensation you are entitled to receive to cover medical bills, medical treatment, and lost wages. If you disagree with their findings, you have the right to appeal. Personal Injury Lawsuit Depending on the nature of the accident, you also may be able to file a personal injury lawsuit against the at-fault driver, especially if the compensation does not cover the extent of your injury. In a court case, you can also pursue compensation for pain and suffering, along with potentially asking for punitive damages. What Is the Statute of Limitations for a Car Accident in South Carolina? South Carolina does have a statute of limitations to file a claim if you are in a car accident. The state limits this timeframe to three years which commences on the date of the accident. In a wrongful death case, it begins on the date a victim died. While three years sounds like a long time, it is best to get examined by a healthcare professional as soon as possible, even if you do not feel injured, in case you suffered injuries that are not immediately apparent. Then, speak to a knowledgeable personal injury lawyer. In the event you need to file a personal injury case, the circumstances surrounding the collision are already documented. What Are the Damages for a Passenger in a Car Wreck in South Carolina? As a passenger, you can seek several different types of damages if you are injured in a car wreck. Medical Expenses The most common damages people seek if injured in a collision are for medical expenses. As you likely know, the costs associated with healthcare are expensive. You can receive money to cover your medical bills, surgery, rehabilitation, therapy, and any other medical bills you accumulate. Lost Wages If you are unable to work because of injuries you suffered, you can pursue compensation for lost wages while you missed work or loss of future wages if you cannot perform your job at the same level you did before the accident. Pain and Suffering Injured persons who experience pain and suffering can pursue compensation for the physical discomfort, emotional distress, and loss of enjoyment of life, along with other types of damages that do not come with an itemized bill. Known as noneconomic damages, you can potentially receive an award to offset any trauma you have suffered. Can You Get Punitive Damages in a South Carolina Car Accident? It is difficult for most people to pursue punitive damages in a South Carolina car accident because you must prove the driver acted recklessly or with indifference to others’ lives. That being said, driving under the influence would count since this behavior is a criminal offense. Speak to a car accident attorney as other circumstances may apply. You Don’t Have to Feel Helpless. Make Who Is Liable Pay Your Expenses If you or a family member were a passenger in a vehicle involved in a collision, you do not have to feel helpless as you struggle to move forward. Nor do you need to pay for the expenses that accompany serious injuries received in a car accident all on your own. The compassionate attorneys at HawkLaw are here for you and will stand with you every step of the way. Hawklaw, P.A. serves areas across the state of South Carolina including Charleston, Columbia, Spartanburg, and Greenville. To request a free consultation*, call 888-HAWKLAW or complete the online contact form to speak with a member of our legal team about your case. ### After a Car Accident Should I Replace My Child's Car Seat? Car accidents can be terrifying and stressful, and when you receive injuries and property damage, it makes the whole ordeal worse. Add a child into this equation, and everything becomes more terrifying for you, even if the car received little to no damage. At this point, you might be concerned and wondering how durable a car seat will be and if you will need to replace it following an accident. Keep reading to see how long a car seat can be used, and do not hesitate to contact the personal injury attorneys at HawkLaw, P.A. if your child was involved in a car accident. Is a Car Seat Still Good After an Accident? Following an accident, a common concern is whether or not a car seat is still good or should be replaced. The answer to this essential question will depend on the severity of the crash, the condition of the car, and the damage to the car seat itself. The NHTSA (National Highway Traffic Safety Administration) previously recommended that you replace a car seat after any type of accident. However, that recommendation is now modified. You only need to replace a child’s car seat after being involved in a moderate or severe car crash. In addition, the NHTSA guidelines recommend you review the manufacturer’s instructions or guide that came with your particular child safety seat and follow their recommendations as to whether to replace it or not after any type of crash. If you cannot find this information, either call the car seat manufacturer’s consumer information service line or search for them online. Make sure you have the model name and number for the car seat you own. If your child is injured in an accident while in the car seat, consult with a South Carolina car accident attorney to determine if you are eligible to make a claim for compensation to cover medical costs and any other additional losses, including a damaged child safety seat. If It Was a Minor Accident, Is the Car Seat Still Good to Use? The NHTSA says a car seat is still usable after a minor car accident such as a fender bender if, and only if, all the following criteria are met: The Car Could Drive Away Were you able to start up your car following the accident and drive away from the crash site? The Door Closest to Car Seat Was Not Compromised Was the door closest to where your child sat in the car seat undamaged or uncompromised at the time of the accident? The Car Seat Shows No Visible Damage When examining the car seat, do you find any signs of visible damage? No Injuries Were Sustained Did anyone in your vehicle (children or adults) sustain any mild, moderate, or serious injury as a result of the crash? The Airbags Did Not Deploy Does your vehicle have airbags? If so, did those airbags not deploy at the time of the crash? Can I Be Reimbursed By the Insurance Company for a Car Seat Replacement After a Car Accident in South Carolina? Some auto insurance agencies will reimburse you for the replacement cost of a new car seat following an accident as long as you file a claim with them. Even an empty child seat may be replaced with reimbursement after vehicle crashes. As a non-permanent item within your vehicle, its replacement will either fall under the comprehensive or collision coverage of your car insurance. Check with each insurance company to determine how to go about obtaining reimbursement for the new car seat replacement. You will also need to stay aware of the South Carolina laws pertaining to car seats and child restraint. For children under two years old, you must use a rear-facing car seat, also called an infant car seat safety device. Continue to use this type of car seat until your child exceeds the specified height or weight limit provided by the manufacturer for your particular one. You can then use front-facing and then booster seat options for your car seat needs. Do Car Seats Have Expiration Dates? Just like other products in the marketplace, car seats do come with expiration dates. Typically, the expiration date is six years from the date it was manufactured. You should be able to find an official sticker on the car seat which lists the manufacturer along with the exact expiration date. If not, check the car seat manual. The reasons for the setting of an expiration date include the wear and tear on the seats throughout the years, ongoing research and information on how to better protect children against crash forces, and an expectation of new technology and design. Some may also deteriorate on their own or wear in parts where a seat belt holds it in place. So, yes, car seats do have expiration dates. However, if you get into a car accident, it might be time to replace your car seat sooner than the date it expires and is deemed no longer safe for use. Much will depend on the severity of the accident. Even if you were only in a minor crash, you may have concerns about the car seat’s continuing safety features. If so, replace it with a new car seat not only for safety reasons but also for peace of mind. What Should I Do with the Old Car Seat After an Accident? If you plan on throwing the damaged car seat away after a moderate to severe crash, even if it does not look compromised, it is best to either dismantle it or mark it in a way so others know that this car seat is no longer a safe and viable option for their child. Use a permanent marker to write on it to deter people from picking it up from where you dispose of it or trying to reuse it. A better option, if possible, is to take the car seat apart and throw the pieces away separately. The goal is to make it unusable, thus preventing anyone else from taking the risk. Is Your Car Seat to Blame for Your Child’s Injuries? When it comes to your children, you want to keep them safe. One way to do that is to ensure they are safely strapped into a child passenger safety seat whenever traveling. Yet, sometimes that car seat may be to blame for your child’s injuries. If this happens to you, the law firm of HawkLaw. P.A. is here to help. We will closely review your case to determine your rights going forward and fight for any compensation you so rightfully deserve. Request a free consultation* today by calling 888-HAWKLAW or filling out our online contact form to connect with one of our experienced personal injury lawyers. ### Most Car Accidents are Caused by Which Age Group? Car accidents can happen to anybody at any time. However, it is more likely that you will have an accident if you are a younger driver. No matter what age group you fall into, a car accident can be a terrifying situation. The lawyers at HawkLaw, P.A. are here to fight for fair compensation and hold those who caused the accident accountable. To request a free consultation*, call 888-HAWKLAW to talk to an experienced personal injury lawyer. What Age Group Is Involved in the Most Fatal Car Accidents? Motor vehicle accidents are the leading cause of death in the United States. No matter your age, you can have a car accident and need the services of a South Carolina car accident lawyer. Yet many people ask, "What age causes the most car accidents?" Statistics show that people ages 25 to 35 are at higher risk for an accident with fatal injuries, according to data from the National Safety Council. If you are in this demographic, you may pay higher insurance premiums, and you need to be more aware of the impact of driver age on your safety. Thankfully, anyone can learn to drive safely. With the right education and protection, even those at the highest risk can drive without incident. However, insurance companies will increase premiums for drivers in certain categories, so you need to know what the statistics say. Which Group of Drivers Are Involved in the Most Accidents? While young adults are at the highest risk for fatal crashes, young drivers under the age of 25 are at the highest risk for motor vehicle crashes in general. Teen drivers have the least experience behind the wheel, and this makes them more vulnerable to suffering in an accident. This inexperience is why teenage drivers have the highest insurance premiums. Which Teenagers Are Most Likely at Risk of a Car Accident? While all teenage drivers are at higher risk for car accidents than older drivers, the CDC lists certain demographics of teenagers that are at even higher risk than other teens. These include: Males: Based on 2019 data, male drivers ages 16 to 19 had twice as high of a risk of fatalities in car crashes than females who were in this age group. Teens with young passengers: Having another teenager or young adult in the car increases the risk of a teen having a crash. The crash rate increases with each teen or young adult added. New driver’s license: The risk of a crash is the highest during the first few months of having a license. For instance, the National Household Travel Survey found that 16-year-olds had a 1.5 times higher rate of crashes per mile driven than 18 and 19-year-olds. Were You Injured in a Auto Accident? HawkLaw Is Committed To Fighting For The Compensation You Deserve FREE CONSULTATION* 888-HAWKLAW What Are Some Reasons Teenagers Cause Car Accidents? There are several reasons that teen drivers are at higher risk for crashes. Some of these include: Driving Recklessly Young drivers are more likely to participate in dangerous behaviors like speeding, swerving in and out of traffic, tailgating, and racing each other. This type of reckless driving behavior makes it impossible to watch for hazards on the road, which, in turn, increases the risk of a crash. Lack of Experience Driving takes time to master. Even though today’s teenagers take driver’s education, it takes years to gain the experience necessary to reduce the risk of a crash. Parents can help by providing proper guidance in the early years of driving. Under the Influence Teenagers are often guilty of driving while under the influence of drugs or alcohol. Many are just unaware of the severe risk this causes or how these substances impact their senses and reduce their reaction time while driving. They often report willingness to get in the car with a teen who has been drinking. No Seatbelt Not wearing a seatbelt does not change crash risk, but it does impact the risk of fatalities. Teenagers are more likely to skip seatbelt use than adult drivers are. Thankfully, modern vehicles have alarms that help reduce this risk, but teens with older vehicles may skip the seatbelt and increase their risk of serious injury. Other Young Passengers Teenagers and children are distracting. Most parents already know this, yet they do not consider the risk when sending their teen off on a drive with friends. Driving with another teenage passenger will increase the risk of unsafe driving practices and reckless behavior behind the wheel because the driver may want to show off to their friends. Driving Distracted Distracted driving is a growing problem as cars become increasingly technologically advanced, and most people have a smartphone in their hands at all times. Teens are often guilty of overestimating their ability to drive while doing other things. Some distractions that can occur include: Texting or talking on the phone Talking to passengers Eating or drinking Messing with the media Personal grooming or makeup application The reason teens are more at risk in this area is because they do not fully understand the risk. What Two Factors Do Car Insurance Companies Take into Account? When choosing rates for car insurance, companies will take into account two factors. First, they consider age. Younger drivers have higher rates. Second, they consider gender. Because male drivers have around double the rate of fatal car accidents than female drivers, they have higher insurance rates. What Are Ways to Prevent Teenage Car Accidents? One way to help teenagers stay safer on the road is with the graduated driver licensing system. Each state has adopted some form of this program, but the specific regulations do vary from state to state. GDL programs allow teenagers access to driving with increased permissions. Statistics from the U.S. Department of Transportation show that they do reduce fatal teen crashes. According to the National Highway Traffic Safety Administration (NHTSA), these programs reduce the risk by as much as 50%. The Insurance Information Institute indicates three basic stages of most GDL programs, which are: A learner’s permit, which requires driving practice with an experienced driver. An intermediate license with restricted nighttime driving or passenger restrictions. A full license, usually by age 18 While many states have variations of this program, these are the recommended rules. Here is a closer look at the regulations. Night Driving Restrictions Nighttime driving is more dangerous than daytime driving due to limited visibility and increased tiredness. Thus, the GDL program will put on a curfew on newly licensed drivers. The recommended restriction period is from 10:00 p.m. to 5:00 a.m. Passenger Restrictions Passengers, especially child or teen passengers, are a distraction to a new driver. The GDL program will limit the number of young passengers an under-18 driver can have in the car to none or one. Some states have exceptions for siblings of the driver. No Cellphone Use Before Driver’s License While many states already have laws in place restricting handheld phone use, the regulations for young drivers under the GDL program go further. They limit all cellphone use, even over Bluetooth or other hands-free systems, for drivers with a learning permit. Holding Learner’s Permit for a Certain Period Having a learner’s permit for a set period of time, such as nine months to one year, provides enough time to get driver’s education and supervised driving practice in place. Statistics indicate that sufficient driving practice helps reduce the risk of a crash for a young driver. This protection can help reduce the risk of teen driving problems due to inexperience and lack of knowledge. Which Age Group Has the Lowest Car Accident Rate? While much focus is on the age group with the highest crash risk, one age group has the lowest death rates and crash rates among drivers. Drivers between the ages of 40 and 50 are statistically the safest on the road. These drivers have more experience than younger age demographics. However, they are also at an age that does not experience much mental or physical deterioration that often comes with old drivers. Thus, adults in this age bracket tend to have the lowest insurance premiums as well. As adults age, their driving record becomes a consideration as well, so being in this age group and having a clean driving record usually means excellent insurance rates. How Can the Attorneys at HawkLaw Help You? Anyone can have a car crash, and if you have one, the aftermath is very overwhelming. Hiring an experienced South Carolina accident lawyer is important. No matter your age, having an attorney on your side will help in a number of ways. When you partner with HawkLaw, you benefit from having a skilled professional who will: Talk to Insurance You probably think that your insurance company has your back, but this is not true. Truthfully, insurance companies are quite skilled at getting out of paying what they should. Their goal is to make money, not give it away. If you report your accident improperly, you could lose potential compensation. If you accept the settlement they give you, without talking to an attorney, you may be taking too little. In most car accidents, the settlement offered to a South Carolina injury victim is worth less than the victim deserves. Specifically, they often overlook noneconomic damages, such as pain and suffering, which really add to the value of your case. Sometimes, settlements are lower because the accident report does not clearly outline the various problems and the full extent of the injuries or property damage. When you partner with a skilled attorney, you can be confident that the information given to your insurance company or the other driver’s insurance provider is accurate and protects your interests. Handle Court Proceedings If your case ends up in court, you may feel overwhelmed by the process ahead. The process is daunting, especially if you have never been in court before. Small mistakes can lead to big losses in your overall results, and that is a risk you take when you enter the courtroom without proper representation. HawkLaw’s attorneys will be with you every step of the way. You will have confidence that the court proceedings are being handled properly, and you will feel less intimidated when you step foot in the courtroom. The calming presence of an attorney can help reduce your anxiety, ensuring you represent yourself well. Negotiate The aftermath of a car crash involves much negotiation. You may need to negotiate with insurance companies, and you may need to negotiate with the other driver’s attorney. Our law firm’s legal team includes skilled negotiators who know how to protect your best interests throughout this process. Collect Evidence Evidence is critical in accident cases. Our team will help you collect evidence and present it to the necessary parties in a skilled manner. Because evidence can get lost quickly, we recommend reaching out for a free case evaluation* as soon as possible after a crash. This will give our legal team enough time to start gathering information so we can present it in a way that protects your rights and interests. HawkLaw is always here to help you after a car accident. You can initiate your case at any hour of the day, and we are ready to ensure you get the evidence collected and start negotiations on the right foot. We serve all of South Carolina and have a reputation for fighting tenaciously for our clients. Do not put your future financial safety at risk after a crash by settling for the insurance company’s offer. Talk to our team first and ensure you do all you can to protect your rights. No Matter Your Age, Call Us if You Are in a Car Accident You have more rights than you might think after a car accident. Sadly, insurance companies often offer big settlement amounts in an attempt to get out of paying what they really should for a crash. Do not find yourself swept up by a large potential settlement. If you are in a car accident, schedule a free consultation* with HawkLaw. We can help you do what is necessary to protect your rights and work to get you fair and adequate compensation for all of your injuries. If you need the services of a South Carolina car accident attorney, you want HawkLaw. To request a free consultation*, call 888-HAWKLAW or complete the online contact form to speak with an experienced team member at HawkLaw today. Disclaimer: This information is solely for informational purposes. It does not represent legal advice and should not take the place of hiring an attorney for your car crash case. For legal advice, always talk to a skilled attorney. ### Are Car Accident Injuries Covered by my Health Insurance? A car accident is one of the most difficult events to deal with, especially if you sustain injuries in the accident. Recovering physically and emotionally from car accident injuries is enough of a gauntlet already, which is why dealing with insurance companies in the aftermath can be so draining. It is tricky to make sure you get the medical payments coverage you need, as health insurance companies' entire business model is to profit by denying as much reimbursement as they feel they can. One of the trickiest parts of insurance is knowing what kind of insurance covers what aspects of your accident. Knowing that alone can save a lot of time and hassle, but the details can get complicated. Fortunately, HawkLaw, P.A. is here to help you get it sorted out. Learn which insurance you should be using after a car accident to get your medical bills paid in South Carolina. How Does South Carolina Being an At-Fault State Affect Who Pays? An at-fault state like South Carolina is one in which liability for an auto accident falls on the person who is responsible for it. Put simply, the one who is responsible for the accident is the one who has to pay for the injuries the accident caused. Determining the at-fault party can be difficult, and the other driver's insurance company is going to try and deny your insurance claim if they feel they can get away with it. When that happens, you may have to file a lawsuit to get compensation. For that lawsuit to be successful, however, you will need to prove in court that the other driver was at fault.  It is important to note that South Carolina uses a modified comparative negligence standard in determining fault. Every party involved will be financially liable only for the portion of the accident in which they are responsible. For example, imagine you were in an accident in which you sustained injuries requiring $10,000 in medical costs. If the court determines you to be 20% at fault for the accident while the other person is 80% at fault, you will only be able to get compensation from the other driver's insurance carrier up to $8,000 rather than the full $10,000. You will have to cover the remaining 20% of your costs.  What Type of Insurance Is Needed to Cover a Car Accident? The at-fault driver will have to cover the costs of the accident, and there are particular kinds of car insurance that are necessary to get the proper coverage. These types of insurance are liability insurance and uninsured motorist insurance. While drivers are legally required to have automobile insurance in South Carolina, there is still a chance that you could get into an accident with someone who has no coverage. That is when uninsured motorist insurance comes into play, and it is the rare scenario in which you would be using your own insurance rather than the insurance of the at-fault driver. Car insurance requirements in South Carolina are fairly straightforward. Drivers are legally required to have liability and uninsured motorist coverage that extends to $25,000 bodily injury per person, $50,000 bodily injury per accident, and $25,000 property damage per accident. While drivers are, of course, free to get more coverage from their insurance provider if they choose, those are the legal minimum requirements. Liability insurance specifically exists to cover accidents and even lawsuits related to them. In fact, insurers will pay for your lawyer if someone files a lawsuit against you. If you are the one filing the lawsuit, however, you will need to hire a car accident attorney on your own to combat the one from the insurance company, as they will try to protect their client as much as possible from paying for your medical care.  If you are in an accident with another driver who is at fault, you will go through their liability insurance coverage for compensation. If the other at-fault driver is an uninsured driver, your compensation will come from your own uninsured motorist coverage. The South Carolina minimum requirements exist to make sure there is always recourse in the event of an accident regardless of who the at-fault driver is and what kind of coverage they have. Since you might be going through another driver's insurance, their policy limits can affect you directly. While a successful lawsuit can make them legally entitled to pay the difference that their insurance company will not cover, you still may benefit from underinsured motorist benefits. With this kind of coverage, you can go through your own insurance company to make up the difference if the at-fault driver's insurance is not enough to cover your medical expenses. What Is Personal Injury Protection? Personal Injury Protection, or PIP, is a type of coverage that does not consider fault in what it covers. It is similar to MedPay in South Carolina, but there are some key differences. While both PIP coverage and MedPay will take care of medical and funeral expenses that result from an accident, PIP can cover more than just medical treatment, such as lost wages. One of the main benefits of PIP is that it is no-fault insurance. Even if the accident was your fault, this insurance will still cover your resulting medical bills. You can also use PIP in addition to what the other driver's insurer pays out in the event of an accident in which the other driver is at fault. This is especially handy if the other driver's insurance is not enough to cover your medical bills and you do not have underinsured motorist coverage. Can You Use Health Insurance If You Do Not Have PIP? Yes, you can use health insurance absent of PIP. That should not be the go-to scenario since health insurance coverage does not quite work in the same way as PIP or MedPay. PIP and MedPay coverages have several important benefits over health insurance plans that you do not want to miss. The most important benefits are as follows: No-Fault Coverage PIP lets you benefit from coverage even if the accident was your fault. If it was not your fault, PIP coverage still applies, so you have coverage no matter the situation. Your health care provider may not offer the same benefit due to the subrogation clause in your contract. Fills Health Insurance Gaps Health insurers often leave gaps in their coverage as they try to deny you coverage. With MedPay and Pip, however, copays, deductibles, and any other expenses left out by your health insurance may be eligible for coverage. Not all health insurance policies have these gaps, but most of them do. Faster Payout Car accident lawsuits take time, and your medical bills are likely going to start piling up before the case is over. With MedPay, coverage is available right away, allowing you to start paying your bills as soon as possible. May Pay If You Were a Passenger You do not necessarily have to be driving to be eligible for PIP coverage. You can still get your bills covered as a passenger or even as a pedestrian who gets hit by a car. This kind of coverage is typically lower than the coverage you would have as a driver, though you can opt for greater coverage at a higher premium if you like. When to Contact an Attorney? You should contact a car accident attorney if you feel you are not getting fair treatment from an insurance agent. Remember, insurance companies profit by denying as much coverage as possible, so they may try to lowball any kind of settlement for your accident claim. Call an attorney if you have any disputes with your insurer or the other driver's insurer after an accident. A personal injury attorney will have the experience necessary to represent you properly. Are Insurance Adjusters Giving You a Hard Time After Your Car Accident? At HawkLaw, our personal injury lawyers stand prepared to fight on your behalf after an accident so that you can focus on your recovery. HawkLaw Fights to Win! Call us now so that we can fight for you! Request a free consultation* by calling 888-HAWKLAW or filling out our online contact form. Our car accident lawyers are ready to help you. ### Does A Car Accident Settlement Take Long In SC? A car accident can happen to anyone at any time, and when one does happen, accident victims can have an awful time getting their insurance claim paid. It is not uncommon to wonder about the amount of time it takes to get an auto accident settlement amount. You have suffered serious injuries and you are facing increasing medical bills every day. The insurance company seems to be going to any length to avoid a settlement. The insurance adjuster is growing increasingly intimidating, and it seems like no one wants to help you. That is where an experienced car accident attorney comes into the picture. An experienced car accident lawyer at HawkLaw, P.A. can stand up for your rights, provide legal advice, negotiate your personal injury claim, and fight to get the compensation you deserve after your South Carolina auto accident. HawkLaw fights to win! What Is the Statute of Limitations to File a Personal Injury Lawsuit in South Carolina? A statute of limitations is a time limit that every state places on lawsuits and injury claims. In South Carolina, the time frame to file a personal injury case is three years from the date of the accident. It is important to contact a personal injury attorney right away to make sure you do not miss important deadlines.  Why Should You Try to Settle Before Going to Court? It is almost never beneficial to pursue a court case. Court is time-consuming, expensive, and an all-or-nothing affair. Settling will generally get you your auto accident settlement faster. If, however, the car accident lawyer for the at-fault party refuses to settle, sometimes a trial is necessary.  What Are the Steps Involved in the Settlement Process for a Car Accident Case? While each case is different, the steps involved follow a general path:  Filing an insurance claim Hiring an attorney Collecting evidence Waiting for maximum medical improvement Negotiation Lawsuit  Filing an Insurance Claim The first step is to report the injury and file an insurance claim. South Carolina follows a fault model, so you will file with the car insurance company of the at-fault driver. You should still report the injury to your insurance company. Do not editorialize or try to put a spin on the events that occurred. Just stick to the facts and file your claim. There will be time to tell your side of the story later.  Hiring a Personal Injury Attorney Calling a personal injury lawyer gives you the best shot at getting full, fair compensation. They can deal with the insurance coverage, negotiate a settlement offer, and fight for your rights so you can focus on medical treatment and recovery. The insurance adjuster will likely come back to you with a very lowball offer, and if you refuse it, they can turn unpleasant.  Still, do not sign anything, and do not agree to anything without speaking to an attorney. Having a lawyer in your corner allows you to focus on recovery while they take on the stress of fighting to get you the payment you deserve.  Collecting Evidence The legal team from your injury law firm will gather evidence to build a case for you. This is important because South Carolina law has a concept of comparative negligence, which uses shared fault rules that state that your award can be reduced by the amount of fault you hold, and if you hold more than 50% of the blame, you cannot get a settlement at all.  Evidence can include checking out the scene of the accident to review the damage, looking at photos, and collecting your medical records and even your journals to show how the injuries have affected you. It involves speaking with witnesses, and a wide range of legal research.  Waiting Until Maximum Medical Improvement Maximum medical improvement, or MMI, means the point where you will not recover any further. It can take some time to get to this point, but it is important to get the maximum possible settlement for your injuries. This is because after you have reached maximum medical improvement, we know for certain how bad your injuries were and how much it cost to get you to this point, and it becomes easier to estimate how much you will need to continue care in the future.  Negotiation After you have reached MMI, your lawyer will work with the at-fault driver’s insurance company to negotiate a settlement for your injuries, property damage, and pain and suffering. This is a back-and-forth process that can take some time, but with patience, many cases reach a satisfactory agreement for both sides. In many cases, this represents the end of the process.  Lawsuit Sometimes, negotiations fail. In these cases, it becomes necessary to go to court. A lawsuit can be expensive and time-consuming, but it can sometimes end up with you getting a larger settlement. Be assured that however long it takes, your personal injury lawyer from HawkLaw, P.A. will stand up for your rights every step of the way.  What Affects the Length of a Car Accident Claim? Every car accident claim is unique, but several factors can affect the amount of time it takes to get a settlement. These factors can include evidence, the drivers involved, the length of a trial, how long it takes to reach MMI, and the insurance company disputing the claim.  Evidence The greater the evidence we have that holds the other driver responsible, the better chance we have of securing a quick and fair settlement. It can take time to gather this evidence and build a strong case. The earlier you contact an attorney, the better off you will be, as some evidence can become outdated quickly.  Drivers Involved The number of drivers and parties involved can have a big effect. Especially in truck accidents, many parties can be involved, from the truck driver to the trucking company to the manufacturers of faulty parts. Determining who was at fault for various parts of the accident can be time-consuming.  Trial If we have to go to trial, it will likely take longer before a settlement is reached. Trials can take quite some time to resolve.  Recovery to MMI Everyone’s injuries take a different amount of time to heal. Waiting until you reach MMI is important, however, to apply the right value to the settlement.  Insurance Disputing the Claim In a perfect world, the insurance company will accept the claim and pay out. More often than not, however, they dispute the claim, and that is what makes the entire process necessary.  How Are Car Accident Settlements Paid? The insurance company writes the check to your attorney, who deposits it into an escrow account. After that, any liens are paid, and attorney fees are taken. You then get the rest.  What Are the Two Options for Receiving a Settlement Payment? The two options for settlement are lump sum or structured. Most people take a lump sum, where you get all the money at once. Sometimes you can negotiate a structured settlement where you get regular payments until it is all paid out.  What Are the Benefits of Hiring a Lawyer for Your South Carolina Car Accident? After your case review, the right SC attorney will help collect evidence and build a strong case for you. They will negotiate with the insurance company and take the case to court if needed. They will level the playing field against the lawyers on the other side and work to get you significant compensation for your injuries.  How Long Is Too Long to Wait for Your South Carolina Car Accident Settlement? Every case is unique, but having a lawyer can work to your benefit. HawkLaw represents clients across South Carolina, from Charleston to Columbia, Greenville, Spartanburg, and beyond. We take pride in making sure that our law office is accessible to all South Carolina car accident victims. Call our toll-free phone number at 888-HAWKLAW or complete our online contact form to see if you are eligible for a free consultation* and case review today. ### Are Wet Roadways Causing More Accidents? If you have ever been caught in a rainstorm, you know that road conditions can change in an instant. One moment, it is just a drizzle and a bit of rainy weather, and before you know it, poor visibility means you cannot see 5 feet in front of you, let alone another motor vehicle around you. In 2019 alone, heavy rain was responsible for more than 21,000 auto accident cases in South Carolina. Rain and bad weather cause serious personal injury, property damage, and even death. Always be vigilant when driving in inclement weather, and if you get into a car crash, get in touch with a car accident lawyer at HawkLaw, P.A. to help. Why Is Rain a Problem for Drivers? Wet roads cause tens of thousands of weather-related car accidents every year. From hydroplaning on slippery roads to a lack of visibility, the risks of standing water, and beyond, rain is one of the most severe road hazards out there. Driving in rain decreases your ability to see and react to imminent threats from other motorists. Even if your car is in good condition, a rainy day can pose risks, but if your vehicle is not in good condition (i.e., having worn windshield wipers, old brake pads, etc.), the problem gets even worse. Just a little precipitation can cause roadways to become slick, leading to a skid when you step on your brakes. What looks like simple puddles can be deeper than you realize and damage your undercarriage or even blow a tire. In many ways, a rainy day is more dangerous than winter weather conditions because it looks less threatening and the dangers are hidden. What Are Some Precautions to Take to Avoid a Car Accident During Rain in South Carolina? In rainy weather, you as a driver have a legal responsibility to account for other drivers on the road and operate your vehicle in a responsible manner. Always take reasonable precautions when driving in the rain. Drive Slower Speed limits are in place for a reason, and many states have rules in place that require you to reduce speed on a rainy day. Poor weather conditions, even with just a little rain, can result in hydroplaning that makes you completely lose control of your vehicle. Take it slow. You will get where you want to go, and being late is better than not getting there at all. Make Sure Your Lights Are On Almost every state requires you to put your headlights on during poor weather. Some of the most common causes of rain-related crashes involve a lack of visibility, and having your lights on lets other drivers see you. As a caveat, however, do not use high beams or “brights.” These can actually blind you as they reflect off of falling rain. Stick to your regular headlights; the goal is to help others see you. Do Not Brake Suddenly Give yourself plenty of time to react to unexpected situations. Sudden braking or “brake slamming” always puts you at risk of a rear-end accident or losing control of your car. It gets worse in the rain. Sometimes it cannot be avoided, but always take precautions to minimize the chances that you will need to stomp on your brakes. Keep Your Distance if Possible One of the best ways to make sure you do not have to brake suddenly is to keep your distance from other vehicles. If at all possible, you should at least double the distance between your car and others on the road that you would keep in ideal conditions. If your car has adaptive cruise control, set your distance to the maximum possible. What Is the Most Dangerous Time to Drive in the Rain? The most dangerous time to drive in the rain is within the first 10 to 30 minutes of the storm’s beginning. There are several reasons for this, but most come down to the roads being exceptionally slick during this time. It only takes a very thin layer of water buildup and cause cars to hydroplane. Even more of a risk, however, is that rain brings oil on the road to the surface, and this creates very slippery roads. Vehicles also tend to leave residue on the road, including grease, oil, and tire residue, which breaks apart in the rain. After the rain has continued for some time, the coating is more likely to wash away, except for puddles that create additional risks. In the end, if you can get where you are going before the rain starts, or if you can wait an extra half hour or so after, you will be in better shape for safety. What Time of Day Is the Worst for Driving in the Rain? Not surprisingly, nighttime is the worst time for driving in the rain. Rain already obscures your vision as it pours down, and at night the problem is compounded because it is dark. According to the National Highway Traffic Safety Administration (NHTSA), motorists are more than three times as likely to have a fatal accident at night. Another reason why night driving is more dangerous is that drunk drivers tend to be on the road more frequently at night. In addition, high-intensity headlights on modern vehicles cause a great deal of glare, which reflects off puddles and rainwater, blinding drivers. Why Is Rain the Most Dangerous Weather Condition for a Car Accident? Rain is the most dangerous weather condition because it happens more frequently than other types of inclement weather conditions. Drivers generally do not perceive rain as a threat like they do snow and ice, so they typically do not drive as carefully. This leads to hydroplaning and negligent behavior on the part of motorists, which places other drivers at risk. In 2019, according to the South Carolina Traffic Collision Fact Book, wet roads are responsible for the second most collisions after normal dry roads. Snow, slush, and ice together accounted for two serious-injury collisions and one fatality that year. Wet roads, by comparison, were responsible for 336 serious injuries and 144 deaths. That is a huge discrepancy. In terms of total collisions, wet roads caused over 21,500 car wrecks, while snow, slush, and ice combined caused only 77 total accidents. The numbers speak for themselves. What Are the Risks of Driving in a Downpour? Driving in a downpour carries the risk of blindness, slippery roads, and loss of control of your car. You should exercise extra caution to avoid risky behaviors like driving too fast for road conditions or following other drivers too closely. The speed limit on a given road is designed for ideal conditions. In rain, you should drive below the speed limit for safety. Never, ever drive through standing water. Standing water is one of the biggest dangers for a vehicle, and it can leave you stranded or lead to serious injury or death. Often you cannot see just how deep the water is, and even if your vehicle seems to have plenty of clearance, you can quickly find yourself totally out of control. Standing water can flood your engine, leave you trapped, or even see you carried away as flood waters rush down a street. Flood Your Engine Your car’s air intake can be located in or near the undercarriage, which means it can suck water in when it is supposed to suck air in. When this happens, your engine can experience compression issues, leading to bent or even broken piston rods, which means replacing the engine entirely. Even if water does not cause compression, it can rust out the internal parts of your engine, and again, this leads to full engine replacement, which the insurance company may consider to be totaling your car. Trapped in the Water If your car gets flooded, it is a catastrophic scenario. Even a stall out can leave you stranded and with an inoperable vehicle. The best-case scenario is that you will need new spark plugs and the car will not run until it is completely dried out, which can take a long time and requires repair work to accomplish. Electronics and electrical circuits will almost definitely short out. The end result is you are stuck in deep water. Carried Away by a Flooded Street Even a full-sized SUV can be carried away by rushing flood waters. Your tires are rubber and filled with air, and rubber floats. The weight of your car will only push it down so much, and flash floods can be exceptionally powerful. Many people have died due to their cars getting pushed away by flood waters. Never be arrogant enough to think your vehicle can ford the flood. Maybe it can and maybe it can’t, but it is always better not to risk it. Check Your Brakes After Driving Through Standing Water Wet brakes almost always lose their grip, which means you no longer have the stopping power you once did. When you are in the clear, tap your brakes a few times to make sure they are still working properly and to help dry them out. How Is Liability Determined for a Car Accident in the Rain? Negligence is the core concept behind every car accident. Negligence requires that the at-fault driver be acting in an unreasonably reckless or careless manner. Your personal injury attorney must be able to demonstrate three things to establish liability. First, they must demonstrate that the other driver violated a basic duty of care to operate their vehicle safely and not put others in danger. Second, they must prove that the careless behavior was either the direct or proximate cause of the accident. Finally, it must be proven that the accident was the direct cause of the victim’s injuries. A key factor is that negligence cannot be blamed on the weather; that is, the weather cannot have been the core cause of the car, motorcycle, or truck accident. If the weather was the core cause, then negligence does not apply. Thus, your lawyer must focus on the fact that the other driver was not driving safely for the conditions. Can I Sue the Other Driver After a Car Accident in the Rain? Yes, you can sue the other driver after a car accident in the rain. It is important to note, however, that South Carolina has a concept called modified comparative negligence. This means that if you hold any responsibility for the accident, your award will be reduced by a like amount. If your accident is worth $1 million, and you are 10% responsible, for example, you can only get $900,000. In addition, if you are more than 50% responsible, you can’t collect any award at all. That is why it is important to have a qualified South Carolina injury attorney in your corner. You may be eligible to receive payment for things like your medical bills, lost wages, lost potential future compensation, and a variety of invisible injuries we refer to as “pain and suffering.” Anxiety Anxiety and panic attacks can be the result of PTSD. These can be crippling to your ability to function on a normal level. Physical Pain and Suffering You may suffer physical pain that is not tied directly to a specific injury. Your attorney can help you determine how much this is worth. Mental Anguish Mental anguish can refer to anything from mood swings and depression to an inability to enjoy life the way you once did. It can refer to your lost ability to hold relationships or take comfort in others. Permanent Impairment Permanent impairment refers to becoming disabled. If your accident resulted in you not being able to physically do the things you once did, that can be a part of your settlement. Wrongful Death If you lose a loved one to someone else’s reckless, malicious, or negligent acts, you can be eligible to receive damages to cover their medical expenses up to their death, funeral and burial expenses, loss of support and comfort, and other conditions related to the death. Single-Person Car Accidents Single-person car accidents can happen when you lose control and hydroplane, crashing into a house, a parked car, or some other object. Never just assume that you are the victim and that you do not hold any fault. If you are the proximate cause of an accident, you can be held responsible. This means that if you skid on wet roads and this causes someone else to swerve and wreck, you might be liable for the accident. An attorney can help you work through this possibility, provide legal advice, and protect your rights after a single-person hydroplaning accident. Collision Accidents In a collision between two or more vehicles, an attorney can benefit you by dealing with all the other parties. They can address issues with the at-fault driver’s insurance company, negotiate settlements, gather evidence, and pursue your case on your behalf so you can focus on getting better again. Not Sure What to Do After an Auto Accident? Call Us. A phone call to a South Carolina personal injury attorney might be the single most important action you take after you are in a car accident. Consider that the insurance company has lawyers fighting for them. Shouldn’t you even the playing field by having someone just as knowledgeable fighting for you? The right attorney does much more than just provide legal advice. They will take over the fight with the bullying insurance adjuster on your behalf so you will not even have to speak with the other side. They will stand up and fight for you every step of the way. HawkLaw’s car accident attorneys place an honest and sincere attorney-client relationship above everything else. While they fight for you, your attorney may even be able to point you to resources to help you with your recovery. They will be your best friend and ally in a time when you desperately need one. Take Weather Conditions Seriously and Drive Safely Driving in the rain is a dangerous thing. Rain is more treacherous than ice and snow, and it causes tens of thousands of accidents every year. If you are in an accident on wet roads that was caused by someone else’s reckless actions, we are ready to help. Get in touch with us today at 888-HAWKLAW or by filling out our contact form online, and remember: HawkLaw fights to win. Disclaimer: Not all clients are eligible for a free consultation.* Get in touch to see if you qualify.   ### How To Determine Fault in a South Carolina Car Accident Getting involved in a car accident is never an easy situation. Recovering from your personal injuries is going to be painful enough, but getting through to a car insurance company can add stress to an already unpleasant situation. We know how tough it can be to want everything to return to normal while an insurance company seems to be slowing down the process. By knowing who is at fault for an accident, you can speed the process along quite a bit due to South Carolina's rules about liability, but that does not change how insurance companies operate. Their bottom line depends on denying as much coverage as they can. Whether you think the insurance adjuster is trying to lowball you or they are asserting that you are at fault for an accident when you feel that you were not, the experienced personal injury lawyers at HawkLaw, P.A. are here to help. Learn the details of how to determine fault in a car accident in SC. How Does Fault Affect the Settlement? Your settlement is dependent on how much you are at fault. If you get assigned 20% responsibility for the accident, for example, you will only be able to recover compensation for 80% of your damages. If you are more than 50% responsible, however, you will not be able to recover any damages at all from your car insurance claim. What Are the Ways to Determine Who is at Fault in a Car Accident? Determining fault is not always easy in a car accident. In some cases, it is fairly straightforward, such as a rear-ending in which a negligent driver hits someone who is sitting still. Others are not quite so simple, which can make determining fault a challenge that is up to the car insurance company. Insurers will begin their process by gathering information from all parties involved, as well as any eyewitnesses they are able to reach. The official police report from the accident also plays a big role, which is why it is so important to notify the police as soon as possible in the case of an accident. This also gets emergency medical services on the scene, which should be the top priority at all times.  Assuming the auto insurance company correctly identifies the fault in the case of your accident, they will apply insurance coverage based on that fault. South Carolina is an at-fault state that utilizes a modified comparative negligence standard, which means involved parties may each hold a percentage of fault. What Happens If Fault is Not Easily Determined in a Car Accident? Car accidents stem from a variety of factors and circumstances, and sometimes tracing back the source is not always easy. In instances where fault is difficult to determine, insurers will have to do a little detective work to find who is at fault. While there are several ways to go about this, the ultimate goal is to gather enough evidence to be able to potentially prove in court who is at fault. Eyewitnesses are extremely helpful in the process of determining fault. While they can be unreliable at times, enough of them giving the same testimony can strengthen a case immensely. If you get into an accident and are physically capable afterward, make sure you get the contact information of any witnesses to the accident rather than just the insurance information from other drivers. Witness testimonies could be the key that makes your case. Other pieces of physical evidence include photos. Before moving any vehicles at the scene of the accident, take as many photos as you can. Be sure to highlight the vehicle’s damage, the positioning of the vehicles involved, and any tread marks that remain on the road. If the other car's paint transferred onto your vehicle during the impact, be sure to photograph that as well as general property damage caused by the accident. If you can, it may be helpful to photograph your bodily injuries as well. Calling the police is necessary after every accident, as police officers have resources that could benefit your case. Their official accident report will play a major role, of course, but they will also be able to get any footage from traffic cameras that caught the accident. Having video footage typically makes determining fault very easy, and even if it does not, it can still be useful as supplemental material for your case. What is the Difference Between Contributory Negligence and Comparative Negligence? South Carolina is an at-fault state when it comes to car accidents as opposed to a no-fault state. That means that the driver responsible for the accident must pay for the damages caused by the accident. Before 1991, South Carolina used a contributory negligence standard, which is much harsher. If any driver involved in an accident held any degree of fault, even just 1%, they could not receive any damages at all. Now, South Carolina uses a comparative negligence standard that assigns percentages of responsibility for an auto accident to multiple parties. Your ability to recover damages depends on your percentage of fault for the accident. To best understand comparative negligence, take a look at this example. Imagine you are in a car accident in which you were driving slightly above the speed limit. Another driver T-bones you, and they were driving distracted and ran a red light or stop sign or made an illegal left turn. For the most part, the accident is going to be the other driver's fault, but you were still violating traffic laws by speeding. Because of this, it is possible that a court could find you to be 10% at fault for the accident and the other driver 90% at fault. If you suffered $10,000 worth of injuries in the accident, the other driver's insurance would only have to pay you $9,000 of that.  With South Carolina's modified comparative negligence: Any driver who is more than 50% at fault for the accident cannot recover any damages at all. If both drivers in an accident are equally responsible, which means each driver is 50% responsible, both may still recover compensation for 50% of the sustained damages. What Are the Consequences of Being At-Fault? Generally speaking, being at fault for an accident means having to pay for the damages sustained by the other accident victims. These damages cover quite a few different factors, including medical expenses, car repairs, lost income, and even noneconomic damages like pain and suffering. The degree of fault you have for an accident may not necessarily be all-encompassing, and that affects the amount of damages you have to cover. By utilizing the comparative negligence standard, if the court finds you 70% at fault for an accident in which the other party suffered $10,000 in damages, you will only have to cover $7,000 of it. To be clear, the at-fault driver's insurer, not the driver, covers the damages for the other party. The only way the at-fault driver would be personally financially responsible is if the damages exceed the amount covered by their auto insurance or if they do not have insurance at all. According to South Carolina law, all drivers must have liability and uninsured motorist coverage on their insurance policy. Personal Injury Protection, or PIP, is a type of no-fault insurance that can still offer coverage for damages in cases where you are at fault. Instead of having to worry about the other driver’s insurance, you will appeal to your own insurance for compensation. What If There Are Multiple Drivers At Fault for a Car Accident? Multi-party liability can affect a case a great deal. The more drivers an accident involves, the more complex it can be. Still, the overall standard works the same way regardless of the number of people involved. The 50% at-fault modified limitation to the comparative negligence standard still applies even if an accident involves more than two drivers. Put simply, the 50% at-fault limit does not scale based on the number of drivers involved. With that in mind, you can adopt a different strategy when approaching a case that has multi-party liability. Instead of having to worry about the exact percentages of fault for every single party involved, all you have to do is prove that your contribution is less than 50% to get compensation.  What Do You Need to Prove to Get Compensation After a Car Accident? To get any kind of compensation after a car accident, you will need to prove that you were less than 50% responsible for it. In most South Carolina car accident cases, establishing negligence involves proving all four of the following points: The other driver owed a duty of care to you, such as the duty to drive safely.  The driver breached this duty, such as by not paying attention to the road. This breach caused your injuries.  You suffered actual damages due to your injuries, such as medical expenses and lost wages. Remember to never apologize or admit fault to the other driver or any insurer. Are You Being Blamed for a Car Accident You Did Not Cause? Make sure fault gets properly applied in your car accident case. The experienced car accident lawyers at HawkLaw can provide the legal advice you need and help you build a case to protect your claim and recover the compensation you are owed. HawkLaw Fights to Win! Call us now so that we can fight for you! Request a free consultation* by calling 888-HAWKLAW or filling out our online contact form to get your case evaluated by a car accident attorney at our law firm. ### Can You Sue If a Drunk Driver Hit Your Parked Car? Drunk drivers are a danger to everyone, including themselves. They cause over 300 fatalities a year in South Carolina alone. If a drunk driver hits your car while it is parked, it is possible that they did not even register that the collision happened. They might have just kept driving, leaving you to discover the damage when you wake up the next morning. You have the right to compensation in this kind of scenario, but the process can be challenging. The car accident attorneys at HawkLaw P.A. want to help you sue the drunk driver who hit your parked car. You deserve compensation for an accident that could have been avoided had the driver of the other vehicle been sober. Can I Sue a Drunk Driver for Hitting My Car in South Carolina? In most cases, you can sue a drunk driver for the damage they caused to your car. Car accident lawsuits are usually based on the legal theory of negligence, which holds people liable when they meet all four of the following requirements: They owed a duty of care to you, such as a driver’s duty to obey traffic laws and drive safely. They breached that duty. A drunk driver, for example, breaches multiple duties of care expected of someone behind the wheel of a car. This breach caused your injuries or damages. The driver’s intoxicated state might have caused them to take their attention off the road when they hit your vehicle. You suffered actual damages. This can include property damage to your vehicle, bodily injury, and other losses. State law typically presumes that a person who causes an accident while committing DUI has acted negligently. Were You Injured Due To a Drunk Driver? HawkLaw Fights to Get You the Compensation You Deserve FREE CONSULTATION* Call 888-HAWKLAW Before you decide to file a lawsuit, however, you need to consider whether you might bear any fault for the accident. South Carolina uses a system called “modified comparative negligence” to determine how much damages an injured person should receive in a personal injury case. You can still recover damages from an at-fault driver if you were partially also at fault for the accident, as long as your share of the fault was less than 50%. A jury usually determines each party’s share of fault. If you were partly at fault, the jury would reduce your damage award by your percentage of fault. Suppose that you have $50,000 in damages, but the jury determines that you are 20% at fault for the accident. The jury would reduce your damage award by 20% to $40,000. How can a plaintiff in a personal injury lawsuit be partly at fault for an accident? In the case of an accident involving a parked vehicle, the location and manner in which you parked could be factors. If you parked your car in a designated space in a parking lot, you probably would not share any of the fault with a driver who hit your vehicle. If, on the other hand, you parked somewhere that is not a parking space at all, you could be partly at fault. An extreme example might be if you stopped your car in the middle of the road where a driver would not have enough time to avoid hitting it. What Happens If the Driver Flees the Scene? If a hit-and-run drunk driving accident damages your parked car, you can recover compensation from your own insurance company even if you cannot identify or locate the driver who caused the damage. This might not be as satisfying as holding somebody accountable, but at least you can get damages. The police can conduct an investigation and see if any witnesses or cameras saw the accident occur. Leaving the scene of an accident is a violation of South Carolina law. It is a misdemeanor if the accident caused personal injury, and a felony if it caused severe injuries or death. If property damage was the only result, it might not be a criminal offense. The police take DUI very seriously in any event, though, so they will investigate the matter. What Damages Can You Recover After Being Hit by a Drunk Driver in South Carolina? South Carolina law allows personal injury victims to recover up to three types of damages in claims and lawsuits. Economic Damages Economic damages compensate you for actual losses that you suffered as a result of another driver’s negligence. This may include medical bills, lost wages, and the cost of repairing or replacing damaged property. Non-Economic Damages Some damages that you may suffer as a result of a car accident are not as easy to measure. Non-economic damages compensate you for the negative impact that an accident has had on your life. One type of non-economic damage, pain and suffering, covers physical and emotional pain that results from auto accident injuries. Punitive Damages The two types of damages described above are collectively known as “compensatory damages,” because they both seek to compensate you for losses you have suffered. The purpose of punitive damages is to punish a driver for particularly egregious breaches of their duty of care. Punitive damages are not available unless a driver showed “conscious disregard for the safety of others.” What to Do If Your Parked Car is Hit in South Carolina? No matter where you park your car, there will always be a chance that someone will hit it with their vehicle. An accident could occur on the street, in a parking lot, or even in your own driveway. Ideally, someone who hits your parked vehicle will leave a note with their contact information. This would allow you to get their phone number and insurance information so you can make a claim for damages. If the accident was a hit-and-run, though, you may have to get the police involved.  As soon as you discover that somebody has hit your car, you should take the following steps: Call the Police A police officer can inspect the scene of the accident and prepare an official accident report. When you make an insurance claim, the insurance company will want to see the police report, so this is an important step. Document the Accident If possible, take pictures of the scene. Try to document as much of the area around your vehicle and the damages to your vehicle as you can. If you suffered injuries because of the accident, such as if you were sitting in your parked car when the accident occurred, try to take pictures of your injuries as well. Write down as much as you can remember about the accident, including information about the vehicle that hit your car. Exchange Information If the driver who hit your parked car fulfills their legal duty under South Carolina law to stop and render aid, be sure to exchange insurance and contact information with them. You can make a claim on your own insurance policy if necessary, but it would be better to submit a claim to the driver’s insurance company. Find Witnesses Try to get contact information from anyone who witnessed the auto accident. You may need to get their testimony for an insurance claim or lawsuit. Notify Insurance You must notify your insurance company about the accident as soon as possible, especially if you will need to make a claim on your own uninsured motorist coverage. If the crash was a hit-and-run and you or the police are able to locate the driver who hit your car, your insurance company will reimburse any deductible that you had to pay to repair the damage to your vehicle. Is There Victim Restitution in South Carolina If a Drunk Driver is Convicted? Drunk driving accidents combine two distinct areas of law. DUI is a criminal offense under South Carolina law. Claims for personal injuries or property damage are civil in nature. A DUI conviction may include an order to pay restitution to you. Even if the drunk driver who damaged your vehicle does not face criminal consequences, though, you can still recover compensatory and punitive damages from them. A personal injury lawsuit has an easier burden of proof than a criminal case. While a prosecutor has to prove a criminal defendant’s guilt “beyond a reasonable doubt,” you only have to prove the driver’s negligence by a “preponderance of the evidence.” A “preponderance of evidence” essentially means that more evidence supports your claim than refutes it. You can establish civil liability for a drunk driving accident even if the state was not able to prove guilt beyond a reasonable doubt. A drunk driving accident is a good candidate for punitive damages, given that DUI is a serious breach of the trust placed in drivers in South Carolina. A judge will consider factors like the driver’s level of intoxication and history of drunk driving incidents. An experienced personal injury attorney can help you make a claim for punitive damages in this kind of situation. Why Should I Hire a Lawyer If a Drunk Driver Hit My Car? The process of recovering damages for personal injury or property damage can be complicated. Asserting a claim for punitive damages can be particularly challenging since it requires evidence that a defendant was aware of a substantial risk of serious injury but acted anyway. A personal injury lawyer can advise you of your rights, help you gather evidence in support of your claims, and prepare a claim that establishes all of the necessary legal and factual elements. Hold Drunk Drivers Accountable for Their Actions If you have experienced property damage or personal injury because of a drunk driver, you need to act quickly to preserve your right to compensation. The personal injury lawyers at HawkLaw are available to help. Please call 888-HAWKLAW or complete the online contact form to request a free* consultation today.   ### What Should You Do After an Accident in a Company Car? After an auto accident, your entire life can change in the blink of an eye. When it happens on the job, the concerns you have increase. Your employer’s insurance under workers’ compensation may not cover all your medical bills and other costs, or you may be denied insurance coverage altogether. Laws involving car accidents are confusing and can be complicated, and now you have to figure out how driving a company car affects your compensation and fault in the accident.  An experienced car accident lawyer at the law firm of HawkLaw, P.A. can help you through this difficult time with legal advice and representation. We can negotiate with the insurance company and stand by your side to represent your interests. We will fight every step of the way to get you the full and fair compensation you deserve. What Should You Do After a Car Accident in Your Company Vehicle in South Carolina? If you are in a South Carolina motor vehicle accident while on the job, the steps you should take are largely the same as in any accident. Exchange contact information and car insurance information with the other driver, call first responders to make sure everyone at the scene gets medical attention, and make sure that the police get the driver’s license and other information from all involved drivers. File a police report and document the scene in as much detail as possible to gather evidence that might be needed later. Additionally, you need to make sure that you also report the accident to your boss. The company’s insurance policy and its company policy regarding employees very likely require this to smooth out the process for workers’ compensation.  Naturally, after you report the accident, the first thing you should do is contact a personal injury attorney. Who Is Liable for an Employee’s Car Accident in South Carolina? An important legal concept that comes into play with on-the-job motor vehicle accidents is "respondeat superior." This legal doctrine means an employer is liable for any employee's actions so long as the employee is acting within the scope of their employment at the time of the accident. That means if you cause an accident, your employer is responsible. It’s also called “vicarious liability.” Vicarious liability means the ability to hold someone accountable for the actions of someone else. In this case, the employer is responsible for the employee’s actions much as a parent might be responsible for the acts of a minor child. It’s enough to know that you might hear the terms vicarious liability and respondeat superior used interchangeably. The benchmarks to determine vicarious liability cover such things as running errands for work, traveling to and from client appointments, going to training or meetings, or driving anywhere you have been directed to by your employer. Even if you’re using a personal car and not a company car, your employer may be responsible, so long as you were using the vehicle to perform normal work duties. Heading to a client’s office for a business meeting on the company’s behalf, for example, applies as a normal work duty even if you are using your own vehicle.  Are There Any Exceptions to Vicarious Liability in South Carolina? There are exceptions to vicarious liability. If you are not performing normal work duties at the time of the crash, your boss may not be responsible. If, for example, you are engaged in personal business or running personal errands outside of your normal work duties, then you hold responsibility, even if you are using a company car. Vicarious liability also does not apply during your commute. If you’re going to or from work, your employer isn’t responsible for you. If you stop off somewhere, like to grab lunch or a coffee on your way to or from a meeting, or go anywhere you were not expressly told to go, you are not covered by your employer. Basically, any driving that’s outside of the scope of your employment is not covered by respondeat superior. Independent contractors may be another exception to vicarious liability. This can depend on the nature of your employment contract and your specific job duties, but often, an independent contractor is responsible for their own actions. Another exception involves illegal activity. Even if you are engaged in company business, for example, if you’re found to be driving under the influence of alcohol or drugs, your employer may be able to pass responsibility onto you. Finally, some companies will have employees sign release forms that indemnify the employer from responsibility for car crashes. Vicarious liability doesn’t necessarily mean that you don’t hold any responsibility for an accident. In some cases, both the driver and the company may be held responsible. For example, if a delivery driver loses control of their truck while making deliveries and smashes through the living room of a home, the homeowner can potentially file a suit against both the driver and company for things like property damage, personal injury, pain and suffering, medical bills, lost wages, and even wrongful death if they lose a loved one. Fault and the Company Car Crash While your employer cannot require you to pay damages for an accident during your normal work duties, the victim may under certain conditions be able to file against both the employer and the employee. In the end, however, your company’s vehicle accident insurance policy will usually cover damages caused by employees in covered accidents. This can be where gray areas come into the picture. If an accident isn’t “covered” under the insurance policy, the employee may find themselves in a sticky situation. Even worse, insurance companies often look for reasons to deny a claim, including dismissing the case as not covered. Comparative negligence laws apply as well, meaning the person filing the lawsuit will see their award reduced by the amount of fault they hold. In South Carolina, the law also states that if the victim is more than 50% responsible, they cannot receive any damages for the accident whatsoever. Sometimes, drivers try to hold employers accountable because they think they’ll get more money out of the accident, a tactic colloquially referred to as “looking for deep pockets.” This is partially why it’s so important to have a qualified and experienced attorney in your corner. The right lawyer knows how to go over insurance policies and procedures to represent your interests and protect you in these circumstances.  What If You’re Not at Fault? If you’re not at fault for the car accident, the process will proceed much like any other car accident. You’ll exchange information with the other driver and file an accident claim, and the responsible party will be accountable. Your employer’s insurance company will pursue compensation for property damage to the vehicle separately.  Can You Receive Workers’ Compensation After a Company Vehicle Accident in a Company Car? In general, workers' compensation will apply when you’re in a car accident while using a company vehicle and performing normal work duties. If, however, you are engaged in illegal or negligent activities, like performing personal errands on company time, using illicit substances, or acting in an unreasonably careless manner, the insurance company may deny workers’ comp. In fact, insurance companies often look for reasons to deny workers’ comp claims. This is yet another reason why it’s such a good idea to have competent representation from a personal injury lawyer as you try to get compensated for the injuries you’ve suffered.  Do I Need an Attorney for a Company Vehicle Accident? There is no law in South Carolina requiring you to have a car accident attorney after a company vehicle accident. It is, however, always a good idea to have an experienced and competent legal team in your corner to represent your interests. The right lawyer knows, for example, whether you’ll need to report the accident to your private insurer (probably not, if the company’s vehicle accident policy covers it). They understand what happens after a company car accident and how to best proceed.  Are You Stressed About Your Accident With a Company Car? If you have been in a car crash involving a company car, a car crash attorney at HawkLaw, P.A. can be your best ally in protecting your rights. Get in touch with us at 888-HAWKLAW or use our easy online contact form to talk with an experienced personal injury lawyer today. HawkLaw fights to win! Disclaimer: Not everyone is qualified for a free consultation.* Get in touch to find out if you qualify today. ### What to Do After a Hit and Run in South Carolina A car accident is both painful and stressful. You might know what to do if you have been involved in a car accident with another driver. When the at-fault driver rushes away from the scene, however, you might worry that you will not be able to receive the compensation you need for your personal injuries and property damage. In South Carolina, you have rights after a hit-and-run accident, even if you cannot identify or locate the other driver. The car accident attorneys at HawkLaw, P.A. understand your frustration and are here to help you assert your right to fair compensation under South Carolina law. Is Leaving the Scene of an Accident a Felony in South Carolina? According to South Carolina state law section 56-5-1220, Leaving the scene of an accident is a misdemeanor criminal offense in South Carolina. Chapter 56 of the South Carolina Code directs drivers to stop if they are involved in an accident involving an attended vehicle or an unattended vehicle, but it only imposes criminal penalties for failing to do so when the accident resulted in injuries or death. In any motor vehicle accident involving property damage to a vehicle, personal injury, or death, § 56-5-1230 of the South Carolina Code requires drivers to stop, provide contact information to other drivers or passengers, and render aid to anyone who needs it until emergency responders arrive. Contact information includes one’s name, address, driver’s license, and vehicle registration number. A person who flees the scene of an accident may face criminal charges under § 56-5-1210 of the South Carolina Code. The severity of the offense depends on the extent of the injuries caused by the accident: Personal injury, but no great bodily injury or death: A misdemeanor punishable by thirty days to one year of jail time and a fine of $100 to $5,000 Great bodily injury: A felony punishable by thirty days to ten years imprisonment and a fine of $5,000 to $10,000 Death: A felony punishable by one to twenty-five years in prison and a fine of $10,000 to $25,000 State law defines “great bodily injury” as any injury that “creates a substantial risk of death,” “causes serious, permanent disfigurement,” or results in the long-term loss of the use of “a bodily member or organ.” Does Insurance Cover Hit And Runs in South Carolina? Your insurance will cover your damages, if the hit-and-run driver flees and you cannot locate them. State law requires all insurance policies to include uninsured motorist coverage. This provides coverage for a policyholder if an at-fault driver does not have their own insurance or, in the case of hit-and-run accidents, remains unidentified. Plus, if the police catch the hit-and-run driver, your insurance company can seek reimbursement from the driver’s provider. This should result in a refund of the deductible you paid. Before you settle your uninsured motorist claim, your insurance company should pay for your medical expenses under your Medical Payment coverage. You can simply submit your medical bills to your insurer. What Steps Should You Take After a Hit-and-Run in South Carolina? If you have been involved in a hit-and-run crash, you should take the following steps: Call 911 You or someone else at the scene may need prompt medical attention. The police will prepare an accident report, which you will need for an insurance claim. Seek Medical Attention Be sure to let the 911 operator know if you need medical care. Even if your injuries do not seem that bad immediately after the accident, you should seek medical attention. Some car accident injuries are not apparent right away but can manifest later. Write Down Any Information About the Other Vehicle Write down or record anything you can remember about the vehicle. A license plate number is tremendously helpful, but even just a description of the vehicle can go a long way towards helping law enforcement track down a hit-and-run driver. Find Witnesses Hopefully, witnesses who saw the accident can remain at the scene to talk to the police. You should get their contact information in case you need to talk to them when you are preparing your insurance claim. File an Insurance Claim You can submit a claim to your own insurance company even if you never identify the hit-and-run driver. Uninsured motorist coverage is mandatory in South Carolina. Your insurance policy will have information on how to make a claim. A personal injury attorney can help. When Does the Statute of Limitations for a Hit-and-Run in South Carolina Expire? South Carolina law sets a deadline for filing a personal injury lawsuit known as the statute of limitations. For a claim involving bodily injury or property damage after a hit-and-run accident, § 15-3-530 of the South Carolina Code states that you have three years from the date of the accident. For wrongful death claims, you have three years from the date of the death caused by the accident. Do I Need a Lawyer for a Hit-and-Run Accident? The days and weeks after a car accident can be a very confusing and frustrating time. Time is often of the essence, though, when it comes to personal injury claims. If you suffered injuries in a hit-and-run accident, you may be so focused on your own recovery that you miss critical information or overlook important deadlines, which is completely normal for accident victims. Personal injury lawyers have extensive experience dealing with insurance claims and the rest of the legal process. They understand all of the legal jargon associated with personal injury claims. They can provide you with legal advice and guidance so that you understand your rights, and they can take on the burden of asserting your claim for damages so you can deal with recovering from your injuries. Are You Frustrated With Nobody to Blame? An experienced South Carolina personal injury lawyer can fight for your right to compensation for your injuries after a hit-and-run accident. Call 888-HAWKLAW or complete the online contact form today to request a free consultation* with a member of HawkLaw’s team. ### Can a Distracted Driver Get Compensation For an Accident? Distracted driving is all too common today and results in over two crashes every hour in South Carolina alone. Distracted driving can cause major damage to both you and your vehicle. These damages range from mild, such as a dented fender, to severe, including devastating injuries. As a result, seeking damages from the distracted driver following an auto accident is an essential step to help you heal and get back to your life. The distracted driving accident lawyers at HawkLaw P.A. will help you hold those drivers responsible for their actions and fight for the compensation you rightfully deserve. What Are Some Examples of Distracted Driving Behaviors? There are numerous examples of distracted driving, and all can lead to accidents. They may involve visual distractions, like applying lipstick or makeup while driving. They can also be manual driver’s distractions where the driver reaches for something or, for some other reason, removes their hands from the steering wheel. Cognitive or mental distractions can also lead to auto accidents. Anything that causes a driver to stop thinking about the road, even for a brief moment, can be considered distracted driving. Specific examples of behaviors resulting in distracted driving include:     Drinking or Eating     Making a phone call     Taking a picture or video     Texting while driving     Posting to social media     Setting GPS or other navigational aid     Applying makeup     Changing clothes     Searching for something in the car     Scrolling through listening options (e.g., music, podcasts, eBooks)     Reprimanding children in the car     Interacting with passengers Anytime a driver diverts attention away from the task of driving, distraction occurs. What are the Consequences of Distracted Driving? The consequences of distracted driving can be numerous. Accidents can result due to a failure to stop, causing the occupied driver to rear-end another vehicle. They can also cause a failure to see and heed stop signs, yield signs, and traffic lights. Drivers may cross the center line or fail to stay in their own lane.  A loss of control of the vehicle can also occur. Such drivers can cause severe physical, mental, and emotional injury to others as well as extensive property damage. Accidents involving these drivers can also lead to fatalities. The National Highway Traffic Safety Administration NHTSA reported that there were over 3,000 deaths due to distracted drivers in the year 2020 alone. Accidents involving these drivers, also referred to as negligent drivers, result due to the failure to meet a required standard of care. As a result, victims can bring a lawsuit against a negligent driver, including ones involving wrongful death. Can I Sue a Distracted Driver in South Carolina? Following a motor vehicle accident, seeking damages can be an essential step in order to recover for a resident of South Carolina. South Carolina drivers must follow all driving laws, and each one owes a duty of care and responsibility to others on the road. If distracted, the driver cannot meet these obligations, and if an accident occurs, you can sue. A lawsuit begins first with proving negligence on the part of another driver. Distracted driving is a type of negligence, and South Carolina utilizes the modified comparative negligence law. Under this modified comparative negligence law, victims of accidents resulting from a driver that is distracted can file a personal injury claim as long as their responsibility for the accident is less than 51%. If you are responsible for any part of the accident, this will also be taken into consideration and will reduce the damages amount that the at-fault driver will have to pay. Types of Compensation for Distracted Driving After establishing the occurrence of negligence, your next step will be to determine the amount of damages resulting from the accident. The different types of awardable compensation potentially available to you after getting hit by a driver that is distracted include: Pain and Suffering Physical, mental, and emotional pain and suffering are not easily defined in terms of monetary figures; however, you can receive damages by the court for these. Lost Wages Accident victims often require considerable time off from their jobs. As a result, you can seek compensation matching your regular pay or wages, as well as payment for any vacation or sick days you use as you recover. Employment benefits and bonus pay may also be available. Medical Expenses Experiencing pain after a car accident can manifest in a number of ways, either immediately following the accident or in the days after the crash. It is essential then to seek medical assistance as soon as possible. You may be suffering serious injuries such as a traumatic brain injury or internal trauma. If found to be negligent, the distracted driver may be held liable for the medical expenses you incur due to the car accident. These medical bills may include ambulance transportation, emergency room fees, hospital stays, physical therapy, rehabilitation services, and follow-up medical appointments. You may also be able to receive payment for out-of-pocket expenses relating to your injuries, like prescriptions, co-pays, medical equipment, or nursing care.   Property Damage You can also recoup property damages resulting from the crash, such as repairs and bodywork to your vehicle. When a car is totaled, the vehicle’s fair market value is recoupable. Reimbursement for personal property destroyed or damaged during the accident may also be available, such as damage or loss of your laptop or cell phone. While no amount of compensation can take away the pain or loss experienced in a distracted driver accident, it can help you move forward and alleviate any financial hardship you or your loved ones experience. Should I Hire a Lawyer to Sue a Distracted Driver? While many recoverable damages can come from filing personal injury insurance claims, you may not receive adequate compensation to fully cover everything. This situation is often the result of insurance companies offering lower settlements and one of the many reasons you should hire personal injury lawyers to sue a driver that is distracted. The benefits of hiring a car accident attorney include:     Efficient gathering of evidence for your injury case, including accident scene photos, any available video surveillance footage, cell phone records, police reports, and medical records.     Meeting with witnesses and obtaining statements.     Coordinating with experts, such as truck accident reconstructionists, medical personnel, and technology specialists.     Negotiating with the insurance company on your behalf.     Building your car accident case for the potential of having to go to court. Car accident attorneys understand the legal process and know what it takes to prepare and win a distracted driving case. Many also provide free case evaluations. They also understand the timeline for filing such a personal injury lawsuit. A variety of circumstances can affect that timeline, referred to as the statute of limitations, so consult with a lawyer as soon as possible to learn about your legal options. However, regardless of the date of the car crash, call and talk with a South Carolina car accident lawyer to determine if you are still eligible for filing a claim. Get a Free Case Review for Your Distracted Driving Accident* Do not pay a dime for an accident that was not your fault. To request a free consultation*, call 888-HAWKLAW or complete an online contact form to speak with experienced personal injury attorneys at HawkLaw today. Our law firm understands the dangers and consequences of distracted driving, and we want to help you get the compensation to which you are entitled. ### South Carolina Vicarious Liability If you drive, it is more than likely in your lifetime you will experience a car accident. Or, you may experience injuries from another type of accident due to negligence, recklessness, or bad decision-making by another person. Generally, individuals are responsible for their own negligent acts. However, under South Carolina’s vicarious liability law, you can potentially hold a third party financially responsible even if they were not at fault or directly involved depending on their relationship with the negligent individual. Knowing who to go after for an accident is important as you will want the maximum compensation for your injuries and damages. The personal injury lawyers at HawkLaw, P.A. are here to help you get what you deserve. To learn more about how we can help, call us at 888-HAWKLAW. What Does Vicarious Liability Mean in South Carolina? Vicarious liability is the legal responsibility for someone else’s mistakes. In other words, one party is held responsible for the actions of a third party. A good example is an employer-employee relationship. For instance, in situations where a business owner has employees who have done something wrong, they are held responsible for the workers’ actions. However, it can even mean parent/child or car owner/driver; the key is the relationship as to whether vicarious liability applies. Respondeat superior is a legal doctrine commonly used in tort that holds a third party to strict liability. In South Carolina, the employer, “as the employee’s master” answers “for the tortious acts of his servant, the employee” when the act occurred during the course of employment. Examples of Vicarious Liability in South Carolina Businesses are always at risk of vicarious liability. In terms of car accidents, vicarious liability can only be applied if the employee caused a car accident while in the scope of their job. However, vicarious liability can also be applied in other circumstances where employees’ actions caused another person harm during the scope of their employment. Bullying If employees bully fellow coworkers, customers, or other individuals while performing their jobs, the employer can be held responsible for these actions. Copyright Infringement Employers can be held responsible for the actions of employees who commit copyright infringement in the scope of their jobs. To prove vicarious liability for copyright infringement, two elements must be demonstrated:     Employer had the right and ability to supervise or control the copyright infringement     Employer directly financially benefited from said activity Secondary liability occurs when the employer had knowledge of the infringement and/or had a material contribution to the activity. Harassment Employees who harass colleagues, customers, or anyone else during the course of their job can get their employers in legal trouble through vicarious liability. This includes sexual harassment, discrimination, and other acts. Personal Injuries Under vicarious liability in South Carolina, if an employee harms another person, either intentionally or unintentionally, the employer may be responsible to pay for the personal injuries suffered. For instance, an employee carrying boxes does not see a customer and accidentally knocks them down and they are hurt. Another scenario could be if an employee initiates physical violence against someone in the workplace, causing them harm. Property Damage If a business’s employees cause property damage, they can be held legally responsible for their workers’ actions. For instance, if a car dealership employee took a customer’s car for a ride and caused damage to the vehicle, the dealership can be financially accountable for repairs. Slander or Libel Workers who commit slander or libel during their workday put their employers at risk of being financially responsible for damages. However, even if employees who are wearing their company’s uniform while off the clock commit these acts, the injured party can potentially hold the employer responsible. Essentially, employers are held liable because they are considered responsible for the actions of their employees while they are on the job. Under the law, in many instances, the court will view it as the employer should have been able to prevent or limit harmful acts their employees have committed unless they can demonstrate they exercised reasonable care to prevent the wrongful acts that caused harm. The same principle can be applied if a child committed acts a parent could have prevented their child from doing, or the owner of a car could not have reasonably prevented what a person who borrowed the vehicle did while driving. Insurance coverage sometimes covers these damages, but it is important to speak with an experienced attorney. What Is the Difference Between Vicarious Liability and Negligence in South Carolina? Vicarious liability is a legal doctrine that assigns liability for an injury to a person who did not cause the injury but is legally responsible for the one who was negligent. Alternatively, negligence is established through the fault of the injury or accident. If an employee caused an accident during employment that was outside the scope of their respective job, then negligence will not fall to their employer. In this case, the employer’s liability is not a factor. Essentially, negligence holds the individual responsible for their actions, not a third party as it does with vicarious liability. What Are the Criteria That Determine Whether or Not Vicarious Liability Will Apply? Whether vicarious liability applies or not will depend upon several factors, factors that will be evaluated include:     Harmful effects resulted due to a party’s actions     Whether the employee/other party had a duty to perform     If a breach of performance of said duty occurred     Whether recoverable damages occurred     Time of the event that caused harm and where it occurred If a plaintiff can demonstrate an employer, or another party, could have exercised control and responsibility over the party who caused injury or damage then vicarious liability may apply. Due to this possibility, to mitigate costs associated with being financially held responsible, along with buying general liability insurance, many businesses also purchase vicarious liability insurance as an addition to their professional liability insurance. Are You Holding the Right People Accountable for Your SC Car Accident? Suffering a car accident, or another incident that caused injury, can lead to long-term suffering, either through medical care or additional financial burdens the accident caused. You do not have to suffer alone. An attorney who is well-versed in South Carolina law could help you receive the compensation you deserve. The legal team at HawkLaw promises to fight for you. We will help you determine who is responsible to pay for your suffering by identifying the individuals and legal relationships responsible. Our attorneys will also deal with business insurance companies for small business owners and other companies who may be responsible for covering the cost of your injuries. In many cases, their insurance policies may cover the costs of your injuries, and we can negotiate for you. To request a free consultation*, call 888-HAWKLAW or complete the online contact form to speak with a member of our legal team.     ### South Carolina Modified Comparative Negligence Since 1991, with the case Nelson vs. Concrete Supply Co. 303 S.C. 243, 399 S.E.2d 783 (1991), South Carolina has recognized a modified comparative negligence rule in civil claims. The application of modified comparative negligence would be used in cases where both the plaintiff and defendant are at fault for an accident. The dedicated team of attorneys at HawkLaw, P.A. can help you understand the nuances of complex accidents and fight to get you the compensation you deserve. Call 888.HAWK.LAW or reach out through our contact page today. What Is Comparative Negligence in South Carolina? South Carolina is an at-fault state when it comes to car accidents. This term means that drivers who have some fault for the accident, such as if they drive distracted, can still receive reimbursement for their injuries, but at a discount. Here is how this might work: a plaintiff less than 50% at fault for an accident may file a claim against a wrongdoer and receive compensation. However, the jury may reduce the total damages awarded based on the plaintiff’s own percentage of negligence (fault). For instance, let’s say one driver was driving 10 miles over the posted speed limit. Another car going the speed limit fails to maintain the lane due to distracted driving and causes a head-on collision with the speeder. The jury determines the distracted driver caused the accident, but the speeding driver’s negligence may have exacerbated the resulting injuries. As a result, the jury assigns the speeding driver with 10% fault and the distracted driver with 90%. The jury will then reduce the total damages awarded by 10% to account for the plaintiff’s negligence. These laws are in Title 15 of the South Carolina Code of Laws, and comparative negligence is another term for these laws. If any driver exceeds 50% fault for an accident, he or she cannot recover damages in a legal claim at all. Interestingly, if the plaintiff and the defendant were equally responsible for the accident, the plaintiff may still recover 50% of the damages awarded. This type of comparative negligence is modified comparative negligence. South Carolina Contributory Negligence vs. Comparative Negligence When seeking legal advice after a car accident, understanding terminology is important. Comparative negligence and contributory negligence are not the same thing, and accident cases must follow South Carolina’s existing laws. Before 1991, South Carolina recognized a contributory negligence rule in civil claims. If a plaintiff contributed to an accident even 1%, he or she could not recover damages. Contributory negligence rules set a harsh benchmark for civil claims and offer the defense several strategies to avoid liability. Today, few states operate using a contributory negligence rule (Alabama, Maryland, North Carolina, Virginia, and Washington, D.C.). What Is Contributory Negligence? According to Cornell Law School, contributory negligence prevents a plaintiff from collecting damages from insurance companies or other drivers if they are in any way at fault for the accident. The common law tort rule is another term for this. South Carolina used to follow this law, but it no longer does. What Is Comparative Negligence? Comparative negligence is a tort rule that allocates damages when two parties are at fault. Sometimes legal codes call this comparative fault. South Carolina is a comparative negligence state. Multiple Party Liability And Comparative Negligence In some accident claims, the plaintiff may name more than one defendant. For instance, if someone failed to follow the rules of the road but also drove a faulty vehicle, both the driver and the auto manufacturer may face a percentage of responsibility for part of the amount of damages. In these auto accident claims, the plaintiff needs only prove that he or she was less than 50% at fault for the accident to recover compensation. Joint and Several Liability One consideration that once applied in multiple party liability cases is the legal doctrine of joint and several liability. Under this doctrine, if an injured party sued two or more defenders, each one was responsible for 100% of the amount of damages, even if one defendant was only partially at fault. Then, the plaintiff had the choice as to which party they would ask to pay those damages. In 2005 South Carolina negligence laws changed and joint and several liability disappeared. Under the current negligence system, liable parties are only liable for their portion of the negligence claim. Ending joint and several liability changed the way motor vehicle accident attorneys handle accident cases. Now, allocation of fault is only possible against those named in a lawsuit. Others, known as tortfeasors, who are not in the lawsuit cannot hold part of the fault. Assigning Fault In Accident Claims While the rule of modified comparative negligence seems straightforward enough, its application in civil proceedings is complex. During a case, claims adjusters, judges, and juries bear the responsibility of determining fault. A plaintiff’s ability to illustrate the facts of the case and negotiate the final outcome may result in a lower percentage of fault. The rather subjective assignation of fault highlights the importance of evidence in personal injury cases. Information from the scene of the accident, injuries, and liability will all determine who pays and how much. Factors That Affect Accident Fault South Carolina is not a pure comparative negligence state. With pure comparative negligence, the plaintiff can recover damages of any amount, even just 1%, after the courts assign fault in the case. Under South Carolina’s modified comparative negligence law, plaintiffs are eligible to file a personal injury lawsuit if they are less than 51% responsible for an accident. As long as 51% of the accident’s fault lies with the other party, then the other party will be liable. However, the amount of fault the plaintiff shares reduces the amount of damages the at-fault party pays. In light of this, the cause of action becomes important in these cases. Insurance companies and attorneys will look closely at all aspects of the case to determine who is at fault, and for how much they are at fault. Regardless of the type of accident, investigators may look at weather conditions, inebriation, the time of day, the ages of the plaintiff and defendant, unforeseeable circumstances, and other factors to determine fault. Whether you slip and fall outside of your favorite store in winter or a big rig driver slams into the back of your vehicle at an intersection, every detail of the accident may affect how the courts view liability and comparative negligence. How A South Carolina Personal Injury Lawyer Can Help To protect your right to compensation, speak with a local personal injury attorney as soon as possible. During an independent investigation, your attorney can help you build a case that accurately depicts liability factors in a claim. The ability to accurately retell the circumstances of the accident will improve your ability to recover fair compensation.  Call 888.HAWK.LAW or reach out through our contact page today. Hawklaw, P.A. fights to win! Disclaimer: This article is for informational purposes only and may not apply to all jurisdictions. It does not represent any type of attorney-client relationship. It should not be taken as legal advice. ### How Do I File for Work Comp in South Carolina When you're already suffering a workplace injury, the last thing you want to do is mess with the paperwork necessary to file a workman's comp claim. Yet, in South Carolina, you have a limited amount of time to file a claim to get compensation, and the amount of compensation will depend on how well you file the claim. Workers' compensation is a complex process, but it is your right to obtain financial support if you've been hurt on the job. Let HawkLaw walk you through the process. Call 888.HAWK.LAW or use our contact page for help with your South Carolina Workman's Comp claim. What Is a Workers' Comp Claim? The Workers' Compensation Act in South Carolina states that an employee who suffers an injury by accident that happens out of and in the course of employment has the right to compensation for the losses they suffered due to that incident. It is a claim for a work-related injury or occupational disease. This law makes it possible for you to get help to recover medical expenses, compensate for lost time, and provide financial support if you are permanently disabled as a result of that injury or work-caused illness. You have the right to get help paying for your medical treatment as well as financial compensation for any lost wages you've had. When Do I Need To File a Workers' Compensation Claim in South Carolina The South Carolina Workers' Compensation Commission governs the regulations over the state's workers' compensation benefits. Keep in mind that if you suffer an injury on the job, it is up to you to report what has occurred right away and take action to get the medical care you need. Make sure to tell your supervisor and do not hide any details of what has occurred. Rather, report your injury to the employer as soon as possible or at least within 90 days of the accident that caused it. The workplace accident may be anything that causes medical complications. Do not overlook small problems that worsen over time. It is important to file your workers' compensation claim within two years of the date of the accident or injury. This is the state's Statute of Limitations for claims. If you are unsure if your injury occurred beyond that timeframe, reach out to a workers' compensation attorney to learn more about your options. Do not put off speaking to a law firm about your case. It is often best to provide notice of what has occurred to your employer immediately when the accident occurs. The only exception is if you are physically or mentally unable to report your injuries. For example, if you are in an accident in a work vehicle on a job site, seek medical care immediately and focus on your emergency medical needs. It may take you some time, especially if you are unable to communicate, to report these injuries to your employer, and that is okay. Simply do so as soon as possible. The sooner you communicate this information, the faster you can get compensation from the associated insurance carrier. There are benefits to reporting your injury right away. The details of what's occurred are fresh in your mind. There may be witnesses available to verify what happened to you and why. Formal documentation like this may also help you prove what occurred and speed up the claims process. Do you have a repetitive trauma or injury? A repetitive injury occurs due to the work done, but it happens over time instead of in a single occurrence. In this type of injury, such as the development of back problems or wrist pain, the two-year window is a bit different. It starts from the date you discover your disease or injury developing or the date of diagnosis. A person who develops a medical condition due to exposure to chemicals may not know what's happening for months or years until they have symptoms severe enough to report to their doctor. In that situation, the two-year period for reporting the injury begins at diagnosis of the condition. In all situations, work with a comp lawyer who can offer guidance and support to you. Even if you think this timeframe may have lapsed, do not make the mistake of not taking action. During a free consultation* we can answer any questions about your claim and determine if you have the legal right to move forward with it. Who Files the Workers' Compensation Claim? When a workplace accident occurs, it is your responsibility to report the injury to your employer. It is then the employer's responsibility to begin the claims process. They must file with the S.C. Workers' Compensation Commission to do so. Many employers in the state must maintain workers' compensation insurance to cover these types of risks. Once the employer files the claim, the employer's insurance company will contact you for more information and to complete the process. The insurance company is not there to represent you or help you get fair compensation. Rather, their job is to process the claim for the lowest amount possible. However, workers' compensation laws make it clear that employers are responsible for injuries caused by workplace accidents. You have the right to have a comp attorney by your side through this process. Your attorney works to represent you and protects your rights. South Carolina workers' compensation claims are possible if employers don't file If you are an injured worker and your employer does not file your workers' compensation claim, you have the right to take action yourself. You can report your job injuries to the S.C. Workers' Compensation Commission using Form 50. Again, it is often best to do this with the help of a personal injury lawyer who can help you to properly communicate the losses you have for your work injury. If you have a family member that has died because of a work-sustained accident or illness, you also have the right to pursue financial support. If you do not get help from the employer and comp insurance company, file Form 52 with the S.C. Workers' Compensation Commission directly. Do so with the support of an attorney. Typically, dependents may seek death benefits after the loss of a loved one in a fatal accident. What Is a Workers' Compensation Hearing? In the ideal situation, the employer reports your work injury to the insurance company. The company agrees with the losses you have sustained and that it was a workplace accident. They then pay your lost wages, medical expenses, permanent disability, or other losses. That is not always what occurs. The workers' comp insurance provider will contest your compensation in some situations. They may not believe the claims or may not have all information necessary. They may outright deny claims and disability benefits. It is the insurance company's job to reduce their liability in any way they can. That means you will need to prove that you are owed these funds. A hearing allows you to present the facts of your case to the Workers' Compensation Commission commissioner. The disability comp insurance company may be present as well to speak about why they are denying or reducing your claim. Having the legal advice of a workers' compensation attorney may be critical in this situation. Speak to a workers' compensation lawyer before this hearing. In doing so, you and the attorney will create a plan for moving the case forward, providing you with guidance on your options. Additionally, your attorney can handle all communication for you during this hearing, helping to ensure your case is fully understood. During the hearing, the commissioner will make a decision on behalf of the State of South Carolina about your case or may delay making a decision until more information is obtained. If you have been denied compensation from the insurance company, do not give up until the hearing clarifies your rights. You may also bring your claim to the commissioner if you do not believe the amount of compensation received is accurate, such as your average weekly wage being too low or an unfair compensation rate. You do not have to settle if you do not feel your offer is accurate and fair. In specific cases, if you have received workers' compensation benefits that may expire soon, you can reopen a workers' compensation claim. Why Choose HawkLaw for Work Comp Cases in South Carolina? Our team is here to represent you no matter what you're facing. Our knowledgeable and compassionate law firm has provided support for years for people battling workers' compensation claims. We can help you, too. We can start initiating cases 24/7, providing you with fast information and the right to pursue them even if it seems like the last minute. We are a results-focused firm. Our aggressive representation aims to get you a fair compensation rate for your losses. We are happy to speak to you about your case today, even if you're unsure if you have one. Let us offer guidance and support to you. The sooner you act, the better your potential outcome in your case. Request your Free Consultation with a South Carolina Work Comp Lawyer Today*. Think You Have a South Carolina Workers' Comp Claim? Take Action Now If you need help with your workman's comp case, get accurate legal advice from HawkLaw. Call 888.HAWK.LAW or contact us online to learn more about how you can get fair compensation from your workman's comp case. Our team is ready to fight for you. ### Noneconomic Damages in a South Carolina Personal Injury Case You may be entitled to compensation if you or someone you love has sustained a life-altering injury because of someone else’s negligence. The injury attorneys at HawkLaw are here to protect your rights. What is Considered Pain and Suffering in an Injury Case? In a legal sense, pain and suffering is broadly defined as the physical, mental or emotional damage or distress an individual incurs from an injury. In the instances that injury resulted from negligence, the injured party may be able to recoup special damages for those losses. Pain and Suffering Damages: Defined Damages for pain and suffering are typically broken down into two categories: economic and noneconomic. Economic damages are defined as monetary losses, such as medical expenses or lost wages. Noneconomic damages are intangible losses, which are calculated by monetizing the value of a victim’s pain and suffering since the injury. These damages can also be projected into the future, taking into consideration the value of that loss over the duration of an individual’s life. Intangible losses often create more harm than clear-cut economic losses because they can impact future earnings, negatively affect interpersonal relationships, and can cause lasting mental and emotional damage. South Carolina defines non-economic damages as the following: Pain and suffering Inconvenience Physical limitation or disfigurement Mental and emotional distress Loss of companionship Injury of reputation or humiliation There are limitations to non-economic damages under South Carolina law. There is a specified time frame a claimant has to file suit, and award limits are capped based on the type of lawsuit and the number of claimants involved in litigation. Punitive damages, which are sums allotted in excess of a standard award, are also capped under South Carolina Law. Limitations to non-economic damages are as follows: Statute of Limitations: For most personal injury cases, there is a three year statute of limitations. Malpractice: The award cap is $350,000 per defendant, with a $1.05 million overall cap. Punitive Damages: The cap is $500,000 or three times the actual damages, whichever sum is greater. Government Claims: There is a $300,000 award cap on claims made against the government. Special note regarding the negligence standard: A claim is not valid if the claimant is more than 50% negligent in the incident. The claimant’s level of negligence is up for interpretation. A judge or jury will eventually make a final determination based on evidence provided in court. How to Calculate Non-Economic Damages in South Carolina Calculating these non-economic damages can be more complicated because they don’t have the same set value that something like car repairs may have. You aren’t able to simply look up the costs of your emotional suffering like you may with medical bills. There is no clear rule defining how much someone’s pain and suffering may be worth. Typically, a judge or a jury will take into consideration a myriad of factors surrounding the circumstances of your injury – including the degree of negligence involved, and the level of pain and suffering you have endured (or will likely endure in the future). Instead, you’ll need to calculate your non-economic damages by finding the severity of your losses and the impact of those losses. For example, let’s say you lost use of your hand in a car accident. That’s a traumatic loss for anyone, but for a concert pianist, that could be the end of their career. When you’re the one suffering these losses, it can be difficult to take an objective look at these losses. Fortunately, your lawyer can help you find the worth of your non-economic damages.  Read more here on what to do if you are unable to afford an attorney. Some of the latter considerations will also depend on your age; a permanent lifelong injury to a 23-year-old would likely be worth more in damages than that same injury to a 103-year-old person. A pro athlete in his or her prime, with potentially tens of millions of dollars in earnings and endorsement deals on the table, who suffers a career-ending injury due to third party negligence (not sporting related), would likely be worth more than if the same accident happened to a teacher or an accountant. Conclusion It’s important to know your rights under the law, and to document every aspect of your injury. Seek medical treatment immediately. Follow the advice of the medical professionals handling your care. Keep and organize all of your bills and correspondences related to the injury, including insurance claims, bank statements, medical records, and related emails. Those documents can back up the pain and suffering you’ve endured. Contact an experienced personal injury attorney in South Carolina by calling 888.HAWK.LAW or through our contact page!  HawkLaw fights to win! ### What To Do If You Have Pain After a Car Accident After a car accident, there are many things you must take care of to move forward. Filing insurance claims, getting your car repaired, and dealing with the other drivers are all important and take a lot of your time. Yet, ignoring any pain after a car accident you are experiencing is dangerous. Pain indicates a problem, and without the right care, that problem will get worse, not better. HawkLaw, P.A. is here to help you get the compensation you need to deal with your pain and get back on your feet. Contact us today to discuss your car accident claim and get the proper help you deserve. What Causes Pain After a Car Accident? The pain you feel after a car accident may come from numerous injuries. Force is one of the most common causes of injuries. The force between a car striking another vehicle or object can cause significant damage, including spine injury and neck injuries. The back-and-forth movement of the car can cause a stretching of the ligaments and tendons in this area, causing significant damage. Often, you may not feel an initial injury after the accident, but over the course of a few days, you may develop symptoms such as: Headaches you cannot explain Back pain Shoulder pain Neck pain and stiffness Confusion These auto accident injuries may be a sign of whiplash. They require medical attention and should not be put off for long. Remember, this type of pain may easily be considered a headache or tension from stress when in fact, it is a serious injury that carries the potential for numerous complications over time without treatment. You may also feel pain and discomfort in other areas of your body, including joints and ligaments. For example, you may develop pain in your knees or hips, including soreness and limited mobility. You may also develop back pain from a herniated disc. This can cause pain not just in your back but also in your hips and down your legs. This could be the result of a pinched nerve, too. If you have any pain after a car accident in your joints, arms, legs, or back, it’s important to have this documented and treated by a professional. Soft tissue injuries may not always relate to lacerations. Some people may have deep bruising that could indicate internal bleeding. These are often delayed symptoms but are still car accident injuries. It is also common to suffer from broken bones and sprains to your limbs. These are obvious when they limit mobility, but sometimes you may just feel sore initially. Later, with the care of your doctor, you may learn that your pain relates to a small fracture that was not noticed right away. Pay careful attention to areas of tenderness or feeling ill. Sometimes, internal bleeding and blood clots have no external signs. You may not realize they are occurring until you have significant pain that comes out of nowhere. Blood clots can develop almost immediately or sometimes long after an accident occurs. Monitor for any unexpected abdominal pain, delayed pain in legs or arms, or the onset of headaches that are unexplained. When Do Car Accident Injuries Show Up? Some car accident injuries are very obvious right away. This is true of many life-threatening conditions, but not necessarily all. Sometimes, it takes weeks or even months after the auto accident for something to become evident. For example, if you have whiplash, that may show up right away in some people. It occurs from the back and forth movement of the brain in the skull, which can happen if you are wearing a seatbelt or struck from behind. If left untreated, this can lead to headaches and neck problems later on. It is not always easy to connect what you are feeling weeks later to your car crash. Seeking medical attention immediately after the accident is key. It ensures that you have documentation of what has occurred right away. Even if this initial trip to the emergency room doesn’t reveal any type of injury, do not ignore the pain that shows up later. It could still be from the car crash. Delayed symptoms and delayed pain cause people not to get legal or medical help soon enough. Yet, these are serious injuries, and they may impact your future in various ways. Failure to address these common injuries can lead to chronic pain issues in the future. How to Get the Right Help After a Car Accident Get seen by a doctor or chiropractor to receive an evaluation for back and neck injuries as well as for internal injuries, even if you feel fine. You may have a head injury even if you feel okay, for example, that could be a traumatic brain injury causing internal bleeding. You can't see this, and you may not feel it until complications arise. Getting help right away after the accident is one thing you can do to ensure you're okay. Report any pain that shows up in the next weeks or months – even if it does not seem like it could relate to the car crash. Have a doctor evaluate if the pain is due to the accident. This is very true of back injuries, including those of the upper back and lower back pain, and injury symptoms such as limited mobility, neck pain, headaches, and confusion. There are treatment options that may be available to you. For example, you may need physical therapy to help you regain the function of your limbs or help you with fine motor skills if you've had damage to them. Sometimes, you may need more extensive rehabilitation to learn how to walk properly after you have back surgery to repair the damage. What's most important here is to recognize that even small injuries can be severe injuries, especially if they impact your quality of life. Don't put off or forgo getting the medical care you need. Getting additional help for your injury case Then, don’t stop there. Often, a case like this relates to personal injury. That means you may need legal help to support you as you work through these claims. You can set up a free consultation* with an attorney to evaluate your case and ensure you get fairly compensated for any injuries. Sometimes individuals do not seek out medical care right away. They may be worried about medical bills or be unsure if they are the at-fault driver. When you’re facing this type of complex case, having a legal team by your side to support your recovery is critical. With the help of a legal team, you can get insight into what level of compensation may be available to help you with things like medical bills and getting the more extensive care you need. You don’t have to be alone in your fight to recover after a car accident. It's particularly important to consider the importance of a legal team when you have what you think are common injuries or when the accident didn't seem like it could cause such loss. You may also benefit from legal help if you have delayed injuries that create long-term outcomes, such as range of motion problems that limit your ability to do the job you were doing. Also, don’t overlook the mental health consequences of accidents like this. Post-traumatic stress disorder (PTSD) is a real loss you may face after being in a traumatic car accident. This type of case may benefit from having additional legal support as well. Why Choose HawkLaw for Your Car Crash Claim? You don’t have to try to prove all of your losses on your own. Having a diligent personal injury attorney who can advise you on what to do next is critically important to most cases. We can be there to guide you as you face complications – including knowing what to do to get the compensation owed to you. Our legal team has extensive experience helping others with delayed injuries as well. If you have pain and suffering from an accident that took place some time ago, reach out to us. Let our team talk to you about the options for recovery in those situations. Our team can help you with every aspect of your case. That includes helping you get the right medical help to stop suffering in pain after a car accident. We'll also work with the insurance companies to get fair compensation for you. Don't speak to an insurance adjuster without our guidance, as that can impact your ability to file a claim in some situations. This can impact your injury claim, especially for accident victims that may have delayed injuries. With our years of experience and success in helping accident victims get the compensation owed to them, we’re confident we can be here for you, too. In addition to this, our legal team is compassionate. We have helped many people through complicated legal cases like this. Schedule a Free Consultation* with HawkLaw to Discuss Your Pain After a Car Accident Right now, you may be feeling like you’re up against powerful insurance companies and attorneys who want to discredit the pain you have resulting from a car accident. You know how you felt before, and you know the limitations you’re facing now. Don’t let that stop you from getting the care you need. Instead, call HawkLaw now to discuss your case. Let our team offer insight and guidance as you pursue financial compensation to help you overcome the losses someone else caused.  Call 888.HAWK.LAW or use our contact page to get started today!  ### What Are the Worst Intersections in Charleston? Reasons Why Intersections are inherently dangerous, even at their best. At their worst, they can be the setting of dozens of serious and fatal collisions each year. As many local drivers may have discovered, Charleston has a few such intersections. According to the National Coalition for Safer Roads, 13 of the most dangerous intersections in the country are in South Carolina's Lowcountry. Five are in North Charleston alone. Here's a breakdown of what makes some of Charleston's intersections so deadly. #1. International Boulevard and Interstate 526 One of the intersections included in the National Coalition's report is that at International Boulevard and I-526. This notoriously busy intersection stays congested most of the day, and is extremely accident-prone. Traffic jams and impatient commuters can lead to drivers ignoring the right-of-way or failing to come to complete stops. The South Carolina Department of Transportation is attempting to improve the eight-mile stretch of interstate, which includes the busy interchange, and reduce congestion by creating new lanes near the median. #2. Main Road and Savannah Highway The intersection at Main Rd. and Savannah Hwy. is no stranger to fatal accidents. As one of the most dangerous (and most hated by locals, according to a forum on CityData.com) intersections in Charleston, people will even go out of their way to avoid having to pass through. The intersection is home to a ton of traffic, on top of occasional flooding on parts of the road from Johns Island. Charleston City Council is still in talks about a long-term plan to improve the safety of this intersection, such as creating a $1.5 million flyover plan for the road. #3. Ashley Phosphate Road and Interstate 26 A recent article in The Post and Courier says that more accidents at the intersection of Ashley Phosphate Road and I-26 occurred from 2011 to 2015 (629 collisions) than any other intersection in Charleston County. On average, a crash occurred at this intersection once every three days. Heavy traffic volume contributes to crashes in this location, as well as distracted drivers and poor decision-making behind the wheel. In the 629 accidents at this intersection in four years, 181 people suffered injuries. Luckily, no one died in these crashes. #4. Interstates 26 and 526 Annual increases in the number of people in Charleston County have led to more traffic at intersections - specifically, a 1.2% increase for the intersection of I-526 and I-26. By crash rank, this intersection comes in second place for Charleston County. Drivers failing to pay attention as they breeze through intersections is a main cause of collisions at this location. #5. Sam Rittenberg Boulevard and Ashley River Road This is another intersection that came up as one to avoid in the CityData forum. As far back as 2012, city government held public meetings to collect comments about how to improve this dangerous intersection. Like the other dangerous intersections in Charleston, heavy traffic appears to be at the heart of why so many crashes happen here. Project ideas for this intersection included construction of additional turn lanes and increasing lane widths. As of 2017, however, improvements have yet to take place. If you have to go through on of Charleston's most dangerous intersections, pay extra attention to your surroundings and oncoming vehicles. Drive defensively, and always yield the right-of-way to the vehicle that pulled up to the intersection first (or the vehicle to the right if you both pulled up at the same time). This is especially the case during the holiday periods, as road travel increases substantially, especially on the freeways. ### How Long Does Workers' Comp Last After Injury? Workers’ compensation is an excellent resource for injured employees in South Carolina. Injured workers can receive monetary benefits for their lost wages, medical bills, and disability without having to prove fault after a work-related accident. The design of workers’ compensation makes it so that injured employees receive benefits as long as they need to, until they can return to work. Find out how long your workers’ comp benefits might last after a recent work injury. What are the Different Types of Workers’ Compensation Payments? If you qualify to receive workers’ compensation benefits, you will receive a check from the South Carolina Workers’ Compensation Commission to cover all of your medical expenses, disability benefits, and two-thirds of your weekly lost wages (up to a maximum). You should receive payments periodically, such as once or twice per month. The frequency and amounts of your payments will depend on your situation, salary, and the rules in South Carolina. Workers on permanent partial disability will receive payments equal to two-thirds of the average weekly wage, subject to a maximum. Permanent total disability payments come with additional benefits – often for life. There is a seven-day waiting period from the time your workplace accident occurs to when your employer’s insurance will start sending payments. Payments will come directly to you, the worker. Payments will continue until a doctor releases you to return to work. How Long After a South Carolina Workers Comp Settlement Do I Get Paid? When you’re injured on the job, you may need some financial help during your injury recovery. You may be completely unable to work, which makes it tough to support yourself and your family. Fortunately, you can file a workers' comp claim, but you may be worried about the time between filing a claim and getting a settlement. How long after a South Carolina workers' comp settlement do you get paid? If you’re concerned about your next steps, talk to an attorney at HawkLaw, PA about the timeline for your workers' compensation. Accepting a Settlement Once you’ve been injured at work, you should get answers as fast as possible for your claim. You only have ninety days to report your injury, and your employer will have a short time to notify the insurance company following your report. Once a settlement has been agreed on, some benefits will start immediately, such as medical bill coverage. Other coverage may take a few weeks to begin, but you should receive coverage as quickly as possible, to avoid gaps in your pay. Getting Paid After a Denial However, you may not have reached a settlement yet, or the insurance company has completely denied you. When you’re in one of these situations, it can feel like you don’t have answers for your claim. Although it may take longer, you have a chance to get compensation for your work accident. Even if you’ve been denied, you have the chance to file a dispute and get the compensation you need. Your workers' comp lawyer can review the details of your claim and represent you during a formal hearing. Although it may take longer to get your settlement, you’ll have a chance to seek compensation for your losses. Get Your Settlement with a South Carolina Workers' Comp Lawyer When you’re hurt in an on-the-job accident, getting a settlement may be one of your first concerns. You’re unable to work and now you're concerned about supporting your family during this difficult time. You have bills to pay, after all, so how long after a South Carolina workers' comp settlement do you get paid?  The answer depends on the details, such as whether you got approved for workers' comp benefits right away. Fortunately, your lawyer can help you seek workers' comp benefits even when the insurance company has denied you. When Will My Workers’ Comp Benefits End? Workers’ comp payments may last throughout life if you have permanent and total disability. Otherwise, they will eventually end. A workers’ compensation benefit arrangement will terminate once a doctor releases you to work, with or without restrictions. At this point, the program will deem that it’s no longer necessary to treat your work-related injury. Whether you can work, the extent of your injury and your impairment rating can all affect how long you will receive payments. If your payments will end, you will receive two copies of Form 15 with Section II completed within 150 days of notification of your accident. This form indicates that the Workers’ Compensation Commission has stopped your payments, and why this has happened. Payments will stop once a doctor releases you to go back to work. After you’ve been back at work for 15 days, your employer will ask you to sign Form 17. This is a receipt of compensation stating that you accepted workers’ compensation payments, and now understand that checks will stop. There are cases in which a doctor might release an injured worker with limitations, such as to return to “light duty.” If your employer offers light duty, you must accept it to still qualify for workers’ compensation benefits. You will still receive compensation for the pay difference between light-duty and your regular work. If and when the doctor releases you to return to your regular level of work, compensation checks will stop completely. Appealing the Commission’s Decision In the event that you disagree with the Commission’s decision to stop your payments, you can complete Section III of Form 15 and send it to the Commission’s judicial department. This allows you to request a hearing in 60 days regarding your benefits. Retain an attorney to help you argue your need for continued payments. Getting started is easy. Just reach out by calling 1-888-HAWK-LAW (429-5529) or by filling out the online form. ### Car Seat and Booster Seat Laws in South Carolina No matter how safe you are as a driver, you can't guarantee other drivers will always make the right decision. When you are in a car accident, and your child gets hurt by another driver's reckless or careless behavior, you're terrified and angry. You feel betrayed. Worse, you're facing mounting medical bills, and you wonder if there was something you could have done to avoid what happened. Child safety seat laws can seem onerous to parents just looking to run to the store, but they exist for a good reason. Proper child restraint is essential to keeping your child safe should you be in an accident, and accidents happen all the time, every day. In fact, according to the National Highway Traffic Safety Administration (NHTSA), motor vehicle accidents are a leading cause of fatalities among children through age 13. Having the correct car seat can quite literally save their life. Choosing a safe child car seat means considering several things, including children's ages, weight requirements, height limits, and seat belt laws, among other factors. This page will examine South Carolina car seat laws, how child passenger restraint systems are regulated, and how you can choose a suitable child safety seat for your car. If you need legal help in South Carolina after you've been in an accident, contact HawkLaw right away for representation. Rear-Facing Car Seat Laws Any child under two years of age must be in a rear-facing seat, which should also be designated as an infant car seat. The American Academy of Pediatrics (AAP) has recommended that rear-facing car seats are the safest way to transport young children, starting from the first time they ride home from the hospital. The AAP also points out that the correct car safety seat or booster seat can reduce the risk of serious injury and death by more than 70%. Forward-Facing Car Seat Laws You may have heard that children over the age of two should change to a forward-facing seat. This information is old. Children should only upgrade to forward-facing seats when they exceed the manufacturer-specified height limit or weight limit of the rear-facing safety seat, with the disclaimer that kids over two years old are likely at the height and weight limits required. Still, physical dimensions supersede age in the current guidelines. Where your child sits is also of significant importance: Your forward-facing seat should be placed in the vehicle's rear passenger seat area to give the driver access to the child and for maximum protection. Likewise, children in forward-facing car seats should remain in the seat until they exceed that seat's weight requirements and height limits. Most seats are rated for children up to and even exceeding 60 pounds. When the child outgrows their forward-facing seat, they can upgrade to a booster seat. Booster Seat Laws When a child exceeds the limit of their front-facing seat, which is usually around the age of four, they should upgrade to a booster seat. Many different types of booster seats are available on the market — some have backrests, and others are backless, for example. It's vital to check your state's child passenger safety law to ensure you get an appropriate one that complies with the law. You must use a belt-positioning booster seat that has shoulder and lap belts. A shoulder belt is required and is the best for child safety. Never use a booster seat with only a lap belt fastened. The AAP recommends that every child under the age of 13 be restrained in the vehicle's rear seats for the best protection. Adult Safety Seat Belt Laws The law and the latest safety guidelines state that when a child reaches 57 inches tall, which usually occurs around eight years of age, they can use an adult seat belt, provided that the shoulder belt fits across the center of your child's chest, and does not cross their neck. The lap belt fits across their hips and thighs and not their abdomen. The child should also sit with their back straight up against the back seat cushion and their knees bent over the seat's edge without the need for the child to slouch. Evolving Advice Remember that just because you know the current guidelines and state law, the advice and best practices for child safety seats evolve. Every so often, the AAP's Committee on Injury, Violence, and Poison Prevention reviews the guidelines for these stages. The current recommendations came about over a decade of case studies and even lawsuits, for example. A study from 2007, followed by technological developments since 2011 which allow children to remain in rear-facing seats much longer, and lawsuits in 2016 surrounding children being injured in front-facing car seats, which resulted in a retraction of the 2007 findings all played into current regulations. Because of these developments, the recommendation for rear-facing seats is in place for as long as possible. The takeaway is that you should continually stay on top of the evolution of advice and best practices as new studies are undertaken and updated guidelines are issued. Five Tips for Ensuring Child Passenger Safety Naturally, every parent wants to know, "How can I best keep my child safe in the car?" Advanced car seats exist for one reason and one reason only: to protect your child. You must choose the right seat for your child's weight limit and height or length to seriously reduce the risk of injury or death from a car crash. Even a fender bender can result in serious injuries, sometimes with disabilities and medical conditions that can last for life. The right car seat with the correct safety restraint is essential to protecting your child from these dangers. Consider these five tips to protect your child in the car: Convertible Seats Protect Infants and Toddlers: Many manufacturers offer convertible seats which will allow children to remain in rear-facing seating positions even after they exceed the height, weight, and age limit. Regardless, never move to a new type of seat before your child reaches the manufacturer's limitations for the existing one. Back Seat vs. Front Seat Positioning: A rear-facing child seat should never be in the deployment area of an airbag. If your child is under 13, keep them in the back seat. While in the back seat, they will have much better protection should you be in a head-on collision. Proper Seat Installation to Ensure Safe Kids: The National Child Restraint Use Special Study conducted by the NHTSA found that up to 46% of all child safety seats and booster seats are not installed correctly, which can make them dangerous. Always carefully follow the instructions and your car's owner's manual to ensure the seats are correctly installed. Ensure Proper Seat Belt Fit: As stated above, the seat belt should fit across the center of the child's chest, with the lap belt across their hips. A harness should protect in a crash, but if the seatbelt crosses the child's neck or abdomen, it can instead cause injury in the event of a crash. Be sure your harness is not loose and that your retainer clip is at the proper height. Keep Up to Date on Recall Notifications: Many people don't realize that you can register a car seat with the NHTSA or the manufacturer. Registering always ensures that you are up to date with all safety notifications and manufacturer recalls. Protect Your Child With Car Accident Lawyers No matter how safe you are, no matter how good of a driver, and no matter how properly your child safety seat is installed, accidents still happen every day. If you're in a car accident caused by another reckless driver, it can change your life in a second. Know that if this happens, you deserve to be compensated for the injuries you and your child have suffered, and legal remedies are available. A South Carolina auto injury lawyer can help you seek this compensation and give you the chance of getting paid. HawkLaw Fights to Win. Contact us at 888.HAWK.LAW or use our easy online form to get your consultation* today. ### Dog Owners' Obligations in South Carolina Dog ownership across the United States rises every year, bringing a level of responsibility all dog owners need to be aware of and adhere to as long as they own their dogs. Within South Carolina alone, a dog owner has specific obligations, particularly regarding their dog's interaction with other people. The state firmly backs this up by enforcing its own set of South Carolina dog laws. Dogs are undeniably often referred to as "man's best friend," but that doesn't negate the reality of dog attacks occurring. Unfortunately, some of these dogs are a true threat to overall public safety, According to the annual data compiled by the American Veterinary Medical Association, approximately 4.5 million people suffer from various dog bites in the United States each year. Over half of these dog bite victims are children, and 1 in 5 dog bite victims require medical attention. South Carolina law specifically holds all dog owners strictly liable when their dogs injure someone else, as long as the victim of the attack was not provoking the dog or trespassing at the time. State laws and municipalities have clear laws regarding dangerous domestic animals and protecting the safety of human beings. If you suffer from an unprovoked attack and believe there is probable cause to sue the owner of the animal, contact our South Carolina dog bite lawyers for a consultation. * History and Explanation of South Carolina Dog Bite Laws South Carolina dog bite laws have gone through important changes through the years, with the most notable one occurring in the mid-1980s. When it comes to dog attacks, South Carolina previously operated under judicial precedent up until 1986. Judicial precedent refers to a particular court decision that becomes the authority in deciding subsequent cases involving similar or identical facts or legal issues. As such, precedent required courts to apply the law in the same manner to all dog attack cases with the same facts. In 1986, this strict adherence to judicial precedent changed. The South Carolina state legislature adopted laws specifically addressing domestic pets, including dogs, making it a strict liability state. (See SC Code of Laws: Title 47, Chapter 3 - Animals, Livestock and Poultry). Violation of the provisions in this new code of laws means dog owners are strictly liable for damages suffered by dog bites in almost all circumstances. Strict Liability vs. One Bite Rule With the 1986 legislation making South Carolina a strict liability state, it differentiated itself from other states which continue to follow what is referred to as the "one bite rule." Across the US, there are essentially two types of dog bite laws: the "one bite rule" and "strict liability." There are clear differences between the two. In states with one bite rules, the idea is that owners of dogs are not liable for a dog's first bite, since it was not known that the dog was dangerous. In other words, the owner was not aware of the dog's propensity to bite and could not have predicted it happening. However, the South Carolina code of laws, with its strict liability focus, takes a harder stance on dog owners. If a dog attacks someone in a public place or lawfully on private property, the owner is liable for the damages suffered by the victim. For example, if you are walking through a public park and a dog knocks you down or runs up to you and bites, the owner can be held liable. Or, if you have been invited to an event by the property owner and are attacked by the dog that lives there, the owner is strictly liable for damages you sustain. Were You Injured Due Someone Else's Negligence? HawkLaw Is Committed To Fighting For The Compensation You Deserve FREE CONSULTATION* Call 888-HAWKLAW In addition, the state statute extends beyond the dog's owner to those who have possession or control of the dog that attacks. Such cases can be tricky to prove at times, so working with an experienced dog bite attorney will be essential to ensure the right person is held liable. All too often, the dog involved in the attack belongs to a friend, neighbor, or even a family member. However, this shouldn't deter you from seeking damages. In many cases, such attacks are covered under insurance owned by either a homeowner or renter. Damages and Insurance Damages suffered as the direct result of a dog bite can vary, and compensation for these damages will be required to help a victim recover. However, recovering for the full damages can be complicated and require legal help. The victim of a dog attack may seek financial losses, including lost income and medical bills. Dog bite injuries and the time it takes to recover can directly impact a person's finances. Medical expenses quickly pile up, and the injury suffered may prevent you from returning to work right away. Other factors such as the inability to return to your current employment role or a diminished earning capacity can greatly affect your financial situation. For these, you'll need to seek financial losses as soon as possible. Non-financial losses may also be sought and can include emotional trauma, pain, and suffering. Not all injuries sustained in a dog bite are visible. Emotional trauma is an example of such an injury and can scar a person in different ways, affecting them far into the future. Post-traumatic stress disorder and emotional distress may result, requiring long-term therapy or medication to assist in healing and moving forward with life. Sometimes, a homeowners' and renters' insurance policy may include liability coverage for dog bites. These insurance policies normally protect the home in the event of fire, theft, or other types of damage and also can protect the homeowners when someone on their property is injured in some way, including by a dog bite. However, the dog's owner is only personally liable for damages that exceed the limits of the coverage. If a tragedy occurs and a loved one dies as a result of the dog attack, you may be able to also file a wrongful death lawsuit to recover damages. While this won't bring your loved one back, it can help you deal with any financial issues occurring as a result. Deaths resulting from dog bites often occur with certain breeds, like pit bulls, Rottweilers, German Shepards, and mixed breeds, but any dog can be dangerous. Exceptions to Dog Owner Liability for Attacks There are exceptions in which the dog's owner may not be held liable for a dog bite. These exceptions are commonly used as a defense in cases throughout the United States and require a closer look. First, the dog's owner is not liable if the dog bit the other party directly because of his or her harassment or provocation. Provoking a dog to bite might include acts of taunting, teasing, striking, throwing rocks, or in some way abusing the dog. Proof of this harassment or provocation will fall upon the dog's owner. Secondly, if the person who sustains a dog bite was trespassing on private property without permission from the property owners, liability might also be avoided by the dog's owner. While service professionals such as mail carriers and package delivery personnel are exempt from the need to obtain personal permission to be on the property, everyone else does. Finally, the dog's owner is not liable if the dog was performing duties under the lawful command of a law enforcement officer. However, police officers may sometimes be liable for service animal injuries if: The command was unlawful The dog was not properly trained or certified The actions violated written policy of the law enforcement agency The attack constitutes excessive force Time Limit for Dog Bite Lawsuits in South Carolina An essential factor to keep in mind when it comes to dog bites is that you only have so much time to legally file a lawsuit. This is referred to as the statute of limitations. Failure to file in this allotted timeframe will, in most cases, see the court dismiss your case, with you losing your rights to file at all for damages. According to the South Carolina Code of Laws Title 15, Chapter 3, there is a three-year statute of limitations for personal injuries in most cases. This means a victim of a dog bite has three years from the date of the attack to submit a lawsuit with South Carolina's civil court. Some circumstances surrounding a dog bite can alter the allowable statute of limitations, however. For example, extensions may be granted in circumstances where a child is involved. For these cases, the three-year statute of limitations begins once that child reaches age 18. Regardless of when a dog bite occurred or where you are in settlement talks with the insurance company, victims should always consult a lawyer as quickly as possible to determine if the case falls within the time limit. Experienced legal representation can help you file your initial claim, negotiate and defend your claim, and even file a lawsuit within the allotted timeframe if necessary. Laws About Dangerous Animals There are distinct differences between dog temperaments, some being more dangerous than others. These important differences need addressing in ways fitting to the particular circumstances. Fortunately, South Carolina goes a step further when it comes to its dog bite laws by identifying those dogs that are to be considered dangerous animals. Once determined as so, strict regulations apply. For the purposes of this particular section, an animal is considered dangerous if: The owner knows the animal has a tendency to endanger human beings or domestic animals. The animal makes some unprovoked attack that causes injury to a human being or causes a human being to reasonably believe the animal will cause an injury. The state laws prohibit dangerous animals from being unconfined (Section 47-3-720). If left outdoors, owners of such animals must confine them behind a securely enclosed fence or in a locked pen, kennel, or run area. The enclosure also must be clearly marked with signs conveying there is a dangerous dog. It should be obvious that the general public should avoid entering at the risk of injury. Otherwise, the owner is to keep them indoors to protect the safety of others. Dangerous dogs are also not permitted beyond the owner's premises unless they are properly restrained (Section 47-3- 730). Although this should go without saying, the carelessness of some owners requires written laws to ensure other people's safety. Beyond biting a human, anyone who violates the provisions in these sections who owns a dangerous animal that injures a domestic animal is guilty of a misdemeanor, and the following penalties will apply. Penalties for a first offense: $200 fine or imprisonment of 30 days Penalties for subsequent offense: $1,000 fine Fighting Animals A domestic animal is also considered dangerous if the animal is owned or harbored for the purpose of fighting or trained for the purpose of fighting (Section 47-3-740). South Carolina law goes even further, adding concerns of cruelty to animals and the proper treatment of animals (Section 47-1). Any individual who commits any violation of the provisions in this section, and is the owner or breeder of a dangerous animal that injures someone, may be guilty of a misdemeanor or felony, and the penalties include: Penalties for a first offense: Misdemeanor with $5,000 fine or imprisonment of three years Subsequent offense: Felony with $10,000 fine and imprisonment of five years Seizure, Impoundment, and Euthanization of Dangerous Animals While a dog owner bears the burden of liability in dangerous dog bite cases, additional consequences are involved. Across municipalities, enforceable laws allow for actions to be taken against the dog as well. If an animal control officer or other such law enforcement officer has probable cause that a dangerous animal is being harbored in violation of the law (Section 47-3-740), the officer may ask the court to order the domestic animal to be seized and impounded. In these cases, such an animal will be impounded at a local animal shelter or kennel. In addition, animal control officers must provide written notice to the dog's owner that they have the animal in their possession. The owner then has two weeks to notify the officer that he or she will pick up the dog. If the owner doesn't pick up the animal within two weeks of the notification of impoundment at an animal shelter, the dog may be euthanized. Certain circumstances exist where the animal may be transferred to a nonprofit dedicated to caring for domestic animals, such as the Humane Society, instead of being euthanized. In other instances, a dangerous animal that injures a domestic animal or human being may be ordered to be euthanized. The dog's owner will be unable to continue to keep the dog or have any say in its fate at this point. These euthanasia inoculations may only be performed by a euthanasia technician, licensed veterinarian, or employee of the South Carolina Department of Natural Resources. Local Ordinances Relating to Dog Owners' Obligations In addition to state laws, some municipalities may adopt their own animal regulations, including rabies control and leash laws. These local municipality ordinances can impact your dog bite case, so knowing about them is also important. While rabies vaccination requirements are statewide, a municipality may choose to add its own in addition to those in the statewide Rabies Act. Abiding by these requirements are always of concern in dog bite cases, as they can lead to painful rabies shots for the victim if the dog is not legally vaccinated at the time of the bite. As for leash laws, municipalities often disallow the running-at-large of dogs in public parks and other locations. They also add restrictions on how long the leash can be, which can play another factor in dog attacks. Longer leashes give the dog's owner less control of the animal's actions. Municipalities can also take their animal laws even further. For example, the City of Charleston has a code about vicious animals (City of Charleston Laws & Ordinances Regarding Pets, Chapter 5, Sec. 5-19). Under this code, no one can lawfully own, shelter, feed, harbor, or care for a vicious animal within city limits. Always check with your local government ordinances for any specialized animal laws covering your city and county. These may involve domestic animals, service animals (e.g., guide dogs), wild animals, and even those animals kept in zoos. Hurt by a Dog Attack? Call An Injury Lawyer Today! Dog attacks can involve various levels of injury and damages, leading to complications when filing insurance claims or lawsuits. This is when you need the help of an experienced personal injury lawyer. If a dog attacks you, you deserve to know your rights. HawkLaw Fights to Win for personal injury victims. For a consultation, call our law firm today at 1-888-HAWK-LAW (429-5529), or visit our contact us page to send us a message online. ### What Fireworks Are Legal in South Carolina? Fireworks are often used to celebrate an event or celebration. Whether it is a New Year's or Independence Day festivity, fireworks are popular among South Carolina residents. As fun as fireworks displays may be, there are safety concerns and laws everyone should consider, and South Carolina personal injury lawyers can advise. Both federal and local laws prohibit certain fireworks, and when safety procedures are disregarded or illegal fireworks are used, the result is often severe injuries for people using or watching the displays. HawkLaw is known for its compassionate and personalized approach to handling personal injury cases. If you get hurt by a firework injury during a Fourth of July or New Year's celebration, contact our South Carolina law office for a consultation. What Fireworks Are Illegal In South Carolina? South Carolina laws are specific when it comes to the handling and use of fireworks. Under the Palmetto State's code of laws, any pyros made with more than two grains are outlawed. Examples of fireworks prohibited by law include cherry bombs (ground salutes), M-80s, TNT salutes, and small bottle rockets less than 3 inches long and 1/2 inch in diameter. In addition to South Carolina local laws, any firecrackers containing more than 50 milligrams of pyrotechnics are prohibited by federal law. Fireworks products acceptable for consumers to handle and shoot off include mortars, aerial fireworks (Roman candles), sparklers, and cakes. What Does the Law Say About the Purchase and Sale of Fireworks? South Carolina law is very specific about the purchase of pyro products. According to the South Carolina Board of Pyrotechnic Safety, you must be at least 16 years old to buy consumer fireworks. Local governments also have the authority to establish their own rules regarding the time and place to shoot fireworks. Therefore, there may be unique ordinances for fireworks between cities like Columbia, Charleston, Lexington, and Myrtle Beach. Before shooting off fireworks, always check the law to ensure you aren't breaking local ordinances. State law is also explicit about the sales of fireworks. Consumers should always ensure they aren't accidentally buying illegal fireworks, either in the type of fireworks or from an unlawful seller. You can spot a legitimate and licensed fireworks retailer by seeing a 3" x 5" permit sticker posted on the building. Sales of fireworks must take place in a structure, as state law prohibits selling fireworks from a motor vehicle, canopy, or tent. Anyone operating out of these is illegally selling pyrotechnics and should be avoided. Individuals wishing to operate a fireworks store must apply for an annual license from the South Carolina Department of Revenue and pay a fee of $200 that is good for one year. Sellers must also hold a valid Certificate of Insurance; a 90-day license fee is $100. The insurance policy must provide coverage for at least $1 million for injuries or damages caused by accidents. What Are Best Practices for Fireworks Displays? To avoid accidents, individuals holding fireworks shows should always practice safe handling to ensure no one gets hurt, including themselves. Good safety practices include: Setting off aerial fireworks in an area with good clearance where no trees, buildings, or grass is present. Establishing a safety perimeter to ensure people watching aren't injured and maintain a safe distance away from the launch area. Keeping a bucket of water and a fire extinguisher nearby. Reading all labels and instructions before igniting any pyrotechnics, including fireworks. Avoiding any consumption of alcohol or drugs while lighting fireworks. Never trying to relight a dud firework; wait 20 minutes and then soak it in water. Keeping pets away from any fireworks displays. Not setting off fireworks on windy days; doing so can cause debris to spread and start a fire. Following these and other safety rules will better decrease the chances of people becoming injured. If you observe anyone unlawfully shooting off explosives, report them to the local police or fire department right away. What Are Common Fireworks-Related Injuries? Sadly, fireworks-related injuries happen more often than most people think, especially around the 4th of July. A harmful firework may result in serious injuries such as burns, bone fractures, lacerations, and eye injuries. Hands and fingers injuries are the most common firework injuries, with burns being the most prevalent. Injuries to the head, ear, and face are the second-highest common fireworks-related wounds people suffer. Eye injuries are the third most common fireworks injury emergency rooms treat, followed by injuries to the legs, arms, and trunk. Unfortunately, many of these injuries lead to permanent damage or disability for victims of fireworks accidents. What's worse is the majority of these accidents are preventable with common sense, along with legal fireworks practices being followed. Injured by a Firework in South Carolina? Call a Lawyer Sadly, every year more than 15,000 people are injured in fireworks accidents, and approximately 20,000 fires are started. Either type of accident can lead to significant injuries or worse. If you or a loved one was injured during a fireworks display, the attorneys at HawkLaw can help. Our personal injury lawyers aggressively pursue justice for people who are injured in careless and negligent fireworks accidents. HawkLaw fights to win. For a consultation, call our law firm today at 1-888-HAWK-LAW (429-5529), or visit our contact us page to send us a message online.   Hawklaw, P.A. has offices serving burn injury victims in Charleston, Columbia, Greenville, and Spartanburg. ### What is the First Thing You Do in a Boating Accident? Enjoying a day out on the water can do wonders for you or your family and is a popular pastime here in South Carolina. All too often, however, boating accidents happen. If you are involved in a boating accident, what is the first thing you must do? Stay as calm as you can and assess the situation. Everything you do from this point forward will be important to your insurance claim or potential lawsuit. HawkLaw understands this, so contact a personal injury lawyer with our firm as soon as possible following the accident for legal advice and guidance. Knowing what to do following a boating accident is crucial for the safety of those on board and the protection of your legal rights. No one wants to be in a boating accident, but when it happens to you, you’ll need to take the following steps to protect yourself and those you love. If you, or someone you know, were involved in a boating accident, contact the experienced South Carolina boat accident attorneys at Hawk Law firm for a case evaluation today! Step 1: First Aid In the seconds and minutes following a boating accident, the physical safety of everyone on board is the first priority. Identify anyone needing medical attention and determine what you need to do. Pull out your first aid kit and use what you have available. Move those who are in harm’s way to prevent further serious injuries. The exception to this is if you suspect the injured person has suffered a head or neck injury. If you do have to move them, do so carefully and as slowly as possible. Is someone already in the water, or is there the potential for the boat sinking with everyone on board? Was a personal watercraft involved? Distribute flotation devices and life jackets, and assist those who need help fastening them on. According to the U.S. Coast Guard, approximately 70% of all boating accident fatalities are caused by drowning. Administer first aid to anyone in need and seek the help of medical professionals as soon as possible. If the collision involved another boat or other watercraft, check to see if aid is required to anyone there as well. Step 2: Alert Authorities As soon as you are able, report the boating accident to the U.S. Coast Guard. Tell them where you are and if medical assistance is required. Even if your boat still runs, avoid leaving the scene of the accident, especially if someone needs medical help. While you wait for the law enforcement authorities to arrive, identify if any of the boats involved in the accident are in the path of other boats. If so, move them to the side if possible. Alerting law enforcement agency authorities following a boating accident is imperative, and it’s best to report the accident right away. Step 3: File an Accident Report and Gather Information While still at the accident scene, be sure to gather contact information from the other boaters involved. Include both operators and passengers, and compile names, addresses, and telephone numbers. If your property is damaged or someone is injured, South Carolina regulations require persons involved to exchange this information. If there are any eyewitnesses to the accident, on the water or the nearby shore, gather their contact information also, including both addresses and telephone numbers. Make a note of the boats themselves, including the type of boat, identification number, and, if possible, registration number. In addition, swap insurance information, including insurance company names and policy numbers. If able, take photos at the accident scene and the surrounding area, nearby buoys, boat damages, and injuries. Also, capture the position of each boat as this will help your boat accident attorney in building your case. Once law enforcement arrives, file an official accident report, providing information specific to the accident itself and no more. Avoid apologizing or accepting responsibility for the accident, as you may not be aware of all the circumstances surrounding it. Under federal law, the boating accident report filing is required under specific circumstances, including: the accident results in the death or disappearance of someone, severe injuries occur, property or vessel damage exceeds $2,000, or a complete loss or destruction of recreational vessels. You also need to consider whether you need to file another boating accident report with a state agency, such as the South Carolina Department of Natural Resources, which regulates boating within the state. All of this compiled information will benefit any claim you file, help prove fault, and aid your personal injury attorney in developing your case and defending your claim. If you’re sitting on the fence of whether to contact an attorney or not, consider that the longer you wait to contact a boat accident lawyer, the more likelihood there is for information to get lost, deadlines to be missed, and your rights unknowingly waived. An attorney can help you file the accident reports with the law enforcement agencies and gather all the essential documentation. Step 4: Contact a Boating Accident Attorney In the aftermath of a recreational boating accident, and before contacting the insurance company and filing claims, seek the help of a boating accident attorney. Avoid speaking with insurance adjusters if at all possible, and let your attorney take on that role for you. By doing so, you’ll be protecting your rights from the beginning. If injuries occurred in the boating accident, a personal injury attorney can help build your claim, gaining deserved compensation for property damage or injury. Together, you’ll be able to assess the damage, determine rightful compensation for medical treatment expenses, pain and suffering, lost wages, and property damage. Your attorney will also guide you when it comes to important deadlines involved in the filing of claims. For this reason, act quickly in calling an attorney so you don’t miss out on deserved compensation. Boating accidents happen for various reasons and are only second to the occurrence of car accidents. Often, a boat operator is negligent in some way, such as by speeding, operating a boat under the influence of alcohol, or being inexperienced. In such cases, you may be able to take legal action for additional compensation beyond the insurance claim. Proving negligence is a difficult and time-consuming process and an area your attorney will be beneficial. You may have options to file legal action against different parties, including: the operator of the boat found at fault for the accident the owner of the boat the manufacturer of the boat or its equipment if a defect directly led to the accident If death occurred, you may also be able to file a wrongful death lawsuit. Step 5: File an Insurance Claim Only after seeking legal advice will you contact your insurance company and file a claim. You’ll need all the documents, reports, and receipts pertaining to the accident beforehand, and your attorney can help ensure you have all of these at the filing. They most likely will include: Incident reports or those reports filed with a law enforcement agency. These reports contain valuable information to support your claim, including any safety violations or citations issued. Witness statements collected by your legal team after you collect contact information at the scene of the accident Photographs taken at the scene, including the position of the boats involved, damages, injuries, and any other important factor vital to your case. For example, any photos of alcoholic beverage containers will be beneficial. Medical bills and records for medical evaluations and treatments relating to the accident Any other evidence available as identified by your attorney In instances where the other boat operator didn’t carry insurance, your attorney can also provide legal advice on your options, especially if it involves an injury claim. The majority of these cases reach a settlement long before going to trial. However, insurance companies often start with low settlement amounts, and you may deserve more. For this reason, always avoid accepting any settlement without consulting with a boat accident lawyer first. Schedule an Appointment With Your South Carolina Boating Accident Attorney Today If you or a loved one has been involved in a boating accident, you need an experienced legal team to guide you through the insurance claim filing and any legal action that may follow. Contact the boating accident attorneys at HawkLaw as soon as possible so we can fight for you! Our law firm understands what is involved when a boating accident occurs, and we know how to build your case, protect your legal rights, and assist you in gaining deserved compensation. HawkLaw Fights to Win! Schedule a consultation with our South Carolina personal injury lawyers in Charleston, Columbia, Greenville, or Spartanburg. ### Am I Entitled to Compensation After a Car Accident? When you sustain serious injuries in a car accident in South Carolina that is not your fault, state law allows you to file an insurance claim against the at-fault driver. At HawkLaw, we understand that you want to know how much compensation you might receive after a car accident. This blog explores the factors that play into the typical settlement offer from an at-fault driver’s insurance company. How Much Compensation Do You Get For A Car Accident, And What Factors Impact That Amount? The insurance company for the at-fault driver considers multiple factors before reaching an agreement with your car accident lawyer. Most of these factors fall into the category of economic damages, a term that refers to the actual financial losses associated with your car accident injuries. Your car accident attorney and the other driver’s insurance adjuster also consider the pain and suffering you endured due to the actions of the other motorist. Because pain and suffering are subjective, you need an experienced personal injury lawyer to argue for maximum value in this category of car accident compensation. How To Calculate both Economic and Non-Economic Damages Determining what car accident compensation you may receive involves both economic and non-economic damages. Once you’ve found the worth of your car, you’ll need to find the worth of your other damages. You may have been badly injured and traumatized, and those losses should be covered. First, you may need to consider your economic damages. The financial losses you’ll face, like the damage to your car or your medical costs, can get expensive quickly. These costs will need to be added up for your damages. Your intangible losses should be covered, too, even though they’re more difficult to fairly calculate. These damages cover the emotional and mental toll an auto accident causes, such as mental anguish or pain and suffering. Because these damages vary based on the severity and impact on your life, you’ll need a lawyer to help you calculate them. The Extent Of Accident Injuries Your degree of bodily injury plays a significant role in how much you can expect in a settlement offer. When determining your car accident compensation, the insurance adjuster considers how much your serious injuries affect your ongoing quality of life. For example, dealing with the aftermath of a traumatic brain injury could affect you for the rest of your life even when others cannot detect that you have suffered a serious injury. Lower back pain after car accident compensation can often be quite high because this type of injury can lead to ongoing complications and be difficult to treat completely. However, the burden of proof lies on you and your car accident lawyer to demonstrate the extent of your accident injuries. Lost Wages You are eligible to receive payment for lost income if you had to take any time away from work to recover from the auto accident. This is true even if you received compensation through sick leave since you would not have had to use that benefit if not for the actions of the at-fault driver. The term lost wages goes beyond the salary you missed out on due to the car crash. You could also receive car accident compensation for lost benefits and missed promotion opportunities. In addition, if you had to accept a part-time or less demanding position upon returning to work, your car accident settlement should reflect that. Insurance companies consider your age and how many working years you likely had left at your current wage when determining this category of compensation. Medical Bills And Expenses Any out-of-pocket cost you incurred to cover medical bills is eligible for reimbursement with your car accident claim. Typical examples include: Hospital charges Modifications to your home or vehicle to accommodate your serious injuries Medications Physical therapy Physician charges Property Damage This category of car accident compensation covers the amount it costs to repair or replace your vehicle. Damage to your vehicle can be a costly part of an accident, and you should not have to deal with this when you are already dealing with injuries and the recovery from those injuries. You can also receive property damage compensation for items you were transporting in your vehicle that you had to repair or replace, such as a laptop computer or smartphone. Pain And Suffering While each of the above represents examples of economic damage, pain and suffering are subjective and typically in a category of their own. You need a highly skilled and experienced car accident attorney to argue for maximum pain and suffering compensation on your behalf. You count on the insurance company or legal counsel for the other motorist to challenge pain and suffering compensation since no one can assign a specific dollar amount to it. What Is The Average Settlement For A Car Accident? Although it may be frustrating to hear, it is usually not possible to determine car accident compensation without knowing the other party’s insurance coverage or the extent of your serious injuries. Typical car accident settlement amounts vary widely which is why having a consultation with an attorney is so important. Your attorney can give you a better idea of how much you can expect for compensation. Do Policy Limits Affect A Settlement? Yes, the maximum you can collect on an out-of-court car accident claim depends on the pre-existing cap on the at-fault driver’s insurance policy. Your personal injury lawyer has the skills needed to advance your car accident case through the court if insurance policy limits are inadequate to meet your needs if the insurance company’s settlement offer is too low. Does The Extent Of Personal Injury Affect A Settlement? The type of injuries a car crash victim sustains and the severity of the injuries are typically the biggest determining factor in a car accident settlement value. The insurance adjuster for the at-fault party will first classify your serious injuries as hard or soft tissue. Is The Car Accident Settlement From The Car Insurance Company Fair? Unfortunately, the answer to this question is often no. Since insurance companies are in business to make money, the adjuster representing the other motorist may offer you a quick settlement that does not provide nearly enough to cover your accident-related expenses. Our injury lawyers will review your settlement offer and let you know if it seems fair or not. If the settlement offer seems too low, we will attempt further negotiations with the insurance company agent representing the other party. A court trial is the next step when neither side can agree on an acceptable amount to settle the claim. What Information Do I Need To Calculate Car Insurance Compensation? Your personal injury attorney will ask you to locate and submit several sources of evidence that will prove your claim and help you receive a fair amount of car accident compensation. Medical Bill Records Be sure to save all medical bills you receive for treatment, even if your own insurance company pays them. You should also track the amount of money you spend on transportation to medical appointments, such as fuel, parking, or taking public transportation. Employment Record For Lost Wages The insurance adjuster will need to know how much money you usually earn to figure out the lost wages portion of your car accident settlement. If you did not save the last several pay stubs, you should be able to print them out from an employee portal or ask your immediate supervisor to help you track them down. Police Report Be sure to call 911 from the scene of the accident, even if you do not think your car crash injuries are serious. The local police department will send an officer to interview both drivers and witnesses and compile a report. You will need to obtain a copy of the police report to make an initial insurance claim and use it as evidence should you decide to pursue a personal injury report later. Vehicle Repair Bills You will need copies of all invoices for motor vehicle repair if you plan to request payment for property damage. Be sure to keep repair bills for any other personal property damaged or destroyed in the car accident. If the item is non-repairable and is a total loss, ask your insurance company to provide you with the replacement cost. Are Online Car Accident Settlement Calculators Accurate? Online car accident settlement calculators can only provide a rough estimate of how much compensation you might receive in a settlement offer. This is because claimants often do not have enough information available, such as their final medical expenses and the value of their vehicle. Can I Get Compensation For A Car Accident That Wasn’t My Fault? South Carolina allows people who sustained serious injuries in a car accident to demand compensation from the other party if that person bears majority responsibility for causing the crash. Who Is The At-Fault Driver? Although you may feel confident that the other party caused the motor vehicle accident, state law requires you to prove it before proceeding with a personal injury lawsuit. Our law firm uses a proven legal process to uncover the necessary evidence to prove your claim. Here are just a few examples of evidence we will present to the insurance adjuster or jury in your car accident case: Police report Photos and video from the scene of the accident Interviews with witnesses Report from an accident reconstruction specialist if needed Medical reports to prove the extent of your injuries South Carolina Is A Fault-Based State Using Modified Comparative Negligence Before you can receive compensation in a personal injury case, your car accident attorney must be able to prove that the other motorist is at least 51 percent responsible for causing your serious injuries. You would not be able to receive any compensation if your percentage of fault is higher than that. Settling a personal injury case out of court is always the preferred option. However, you should be prepared for the possibility of negotiations breaking down between your car accident attorney and the auto insurance company adjuster representing the other driver. Should this occur, your car accident attorney from HawkLaw will represent you in court. Is There A Statute Of Limitations To File A Claim After A Car Accident In South Carolina? The statute of limitations may apply to your case, but since this may vary based on the circumstances of your case, you should talk to your attorney to find out if you have a valid claim. No matter how long it has been since you were involved in a crash, you should talk to an attorney to find out if you can make a claim. Act quickly, but if you have waited, still look into your legal options Talk To A Car Accident Attorney As Soon As Possible Since building a case against the other motorist can take several months, our law firm recommends initiating your claim as soon as possible to avoid any limitations. The statute of limitations is clear that you will not be able to pursue a claim for medical payments, lost wages, and other financial losses after that time, regardless of the extent of your serious injuries. Your top priority at the time of the accident should be seeking medical care, obtaining a police report, and exchanging contact information with the other driver. The scene of the accident is not the time to argue about who is at fault for causing the car crash in the first place. That is the job of your personal injury attorney at a later time. However, you can contact our law firm from the hospital or as soon as you get home if you feel up to it. Call For A Free Consultation* With A South Carolina Accident Lawyer HawkLaw Firm fights to win every case for every client. We invite you to learn more about the process of filing a personal injury lawsuit by contacting us at 1-888-HAWK-LAW (429-5529). You may also use our 24-hour chat options to receive answers to frequently asked questions. Our dedicated team of car accident lawyers are available now to help you learn more about your right to fair compensation for your serious injuries. Reach out now to schedule your free case evaluation*. Disclaimer: This article does not represent legal advice or legal representation. It does not offer any type of attorney-client relationship. Accident victims need to seek the help of an experienced attorney to assist with their personal injury claim after a car accident as it is vital to getting a fair settlement. ### What Questions to Ask a Lawyer After a Car Accident When you’re hurt in a serious car accident, you may have plenty of questions about your claim. You may have no idea where to even start on your claim, and you’re suffering in the meantime. That situation can make it tough to recover from your injuries. Luckily, your car accident lawyer in South Carolina can help. Check out the questions below and talk to your car accident lawyer about the details of your claim. They can help you determine what to do about your losses.  Do I Have to Report the Car Accident? When you’re involved in a car accident, you want the aftermath done and behind you. The problem is that your car may be seriously damaged, or you were hurt in the accident. In certain situations like this, you may be required to call the police and file a car accident report. If you fail to file a car accident report, you could be in legal trouble. In South Carolina, it’s a misdemeanor to leave the scene of a car accident. But filing a report can help you, besides avoiding a legal claim. Your South Carolina car accident lawyer can use that report in court and help you get compensated fairly. What Do I Say to the Insurance Company? When dealing with insurers, you may need to be careful about what you say to the insurance company. They may be recording, and they may use anything you say against you. Because of this, it’s often best to tell them you’ve had a car accident and that you may be due a settlement. Do not accept blame for the car accident. If you do, they may try to reduce or dismiss your compensation in court. In fact, letting your car accident lawyer handle all conversations with the insurer can ensure you don’t inadvertently hurt your chance for compensation. Am I Owed Compensation? If someone else hit you in a car accident, you may have trouble getting compensated fairly for your injuries. You may be due compensation for economic and non-economic damages. Damages are the losses you’ve suffered because of the accident. These damages aren’t always easy to calculate. You may know how to add up your financial losses, like medical bills and lost wages, but what about your intangible losses? What about the costs of your emotional suffering or pain? Your car accident lawyer can step in with the right tools here. They can help you calculate more difficult damages, such as pain and suffering or future expenses for your accident. How Can a SC Car Accident Lawyer Help Me? When you’re hurt in a car accident, it can feel impossible to recover. You have all kinds of questions about the specifics of your car accident, and you’re stumped. You may be wondering if a lawyer can actually help you. Statistically, injury victims who hire a lawyer to represent them have a 90% chance of compensation compared to unrepresented people, who only receive compensation about 50% of the time. More than that, claimants with a lawyer walk away with around three times more money on average than claimants who represent themselves, even after paying their legal fees. Questions to Ask a Potential Personal Injury Lawyer Your personal injury lawyer plays a critical role in your claim, so you want to be confident about your choice. During the initial consultation, make sure that you ask the following questions and look for key answers to choose the right attorney for your needs. #1. What practice area experience do you have? Look for attorneys who can explicitly describe claims similar to yours. Some attorneys work personal injury claims from car accidents to medical malpractice claims while others focus their work in certain areas. Find the attorney who has represented several claimants in a specific practice area and will share a personal success rate. #2. How long have you practiced in this jurisdiction? Green attorneys can provide excellent legal representation, but seasoned attorneys who have built practices in specific geographical areas may offer the upper hand. You can find a lawyer’s current standings on the Scbar.org website. #3. Will you serve as the primary attorney on my claim and can I access you directly during the case? Many law firms assign teams to handle claims, and claimants may rarely speak to the lead attorney. Look for a firm that gives you access to the lead attorney or an associate who can demonstrate a high degree of knowledge about your claim. #4. Can you take my claim to trial if needed? Some attorneys prefer to settle claims outside of the courtroom while others take every opportunity to go to trial. An attorney willing to work in both settings often provides the most prudent legal advice. In some cases, a settlement makes more sense. In others, a trial is the only way to enact meaningful change. Find an attorney focused on your recovery rather than a particular strategy. Every case is different. #5. Will you explain your fee structure? The majority of personal injury attorneys work on contingency. They do not charge their clients for their work until they secure compensation. While a client may not pay attorney fees until after settlement, he or she may face responsibility for other costs associated with the case. Ask all prospective attorneys about the breakdown of possible charges to fully understand what an attorney might cost. #6. How many cases do you accept at one time? Some attorneys accept too many cases at once and cannot dedicate enough time and resources to pursue the right strategy. Others may only work part time and fail to provide the kind of energy you deserve throughout a claim. Look for an attorney who understands time management. #7. Will you provide a list of references? Firsthand experience from other clients will give you a different perspective about legal services. Talk to a former client about accessibility and the attorney’s approach to the case. #8. Has the bar ever suspended you for any reason? An investigation or a suspension may not be a deal breaker. Listen for the attorney’s answer. If the suspension occurred long ago, was dismissed, or does not apply to your needs, then it may not affect an attorney’s ability to handle your claim. Don’t be afraid to engage your prospective attorney in a very frank and straightforward conversation about his or her skills and experience. At the end of the conversation, you should have the right credentials and enough details to make an informed decision about your personal injury lawyer of choice. We Are Here to Answer Your Questions If you still have questions, the lawyers at HawkLaw, PA can help. We have resources and experience to help you get the compensation you are due after an accident. To set up a free consultation* with a lawyer, call 1-888-HAWK-LAW (429-5529) or complete the online contact form below. ### When to Sue for Medical Malpractice It may not hit you right away that the losses you suffered because of a medical injury were due to medical malpractice. Your doctor may be a great doctor—except that this time, they’ve left you severely injured and suffering.  The problem is, many malpractice victims don’t know when to sue for medical malpractice. You may be lost yourself, and now you’re worried about whether you’ll receive compensation at all for your losses.  If you’re not sure when to sue, you may need a lawyer’s guidance on your medical malpractice claim. Making the right call for your claim can be tough. But if you wait too long or make a mistake, it could be the end of your claim. Reach out to a medical malpractice injury attorney today by calling 888.HAWK.LAW or use our contact form before you miss your window to sue.  Medical Mistakes vs. Medical Negligence You may need to determine fast whether you have grounds to sue before you file any paperwork. Not every medical injury or worsened illness is caused by negligence—sometimes, your doctor has done all they can to prevent your injuries.  Medical negligence means your doctor was careless enough with your safety to cause an injury. For example, a doctor treating you for one illness when you really had a different one isn’t necessarily grounds for medical malpractice. If your doctor neglected to test you for other possible conditions before treating you, though, they could be held responsible for your losses.  You Don’t Have Much Time to Sue in South Carolina  When dealing with medical malpractice, it may be better to act sooner rather than later when it comes to suing. Your time limits in South Carolina could affect you, and the rules can get complicated fast. Call a SC Medical Malpractice Attorney for Guidance  When you’re seriously injured by a medical professional, it can be such a shock to have gone through this that you may not be sure what to do or how to respond. You may even be unsure when to sue for medical malpractice.  At HawkLaw, PA, we understand that deciding when you’re ready for a medical malpractice claim is tough. Having a South Carolina medical malpractice lawyer on your side can make that easier, though. We can even get started with a free consultation* once you call 1-888-HAWK-LAW (429-5529) or fill out the online contact form below.  ### Can I Get Workers Comp Benefits for Hearing Loss? Losing your hearing means missing out on a lot of life events. Your child’s recitals, your favorite bands, and even the simple pleasure of hearing your spouse’s voice may be lost without your hearing. Worse, you did what you could to protect your hearing, but your job caused the damage. The question is, are South Carolina workers comp insurers required to cover hearing loss? You need those benefits to cover your bills to maintain or repair your hearing, when possible, as well as making up for the losses you’ve suffered. If you’re having trouble getting workers comp benefits for hearing loss, you may need to seek your benefits with the help of an attorney. What Your Workers Comp Benefits Should Cover When you’re hurt on the job, your employer should cover all your losses. No matter who was at fault, you should be offered benefits that cover all your needs, including wage replacement while you’re unable to work. For example, you may need time off to get your hearing aids, or your hearing loss may make doing your job impossible. Typically, hearing loss is considered a work injury or illness. Some work environments are especially loud, and that leads to many people losing their hearing over time. That’s especially true if you don’t have appropriate equipment to help you avoid that damage. What Happens When Your Workers Comp Benefits Are Denied But, that doesn’t always mean your workers comp provider will be so understanding. You may have been denied your full benefits, or you may have been denied benefits. That doesn’t mean you’re out of options, though. Instead of accepting what they’ll offer, your workers comp lawyer can take your claim to court, representing you when you’re hurt and suffering. Your case will be heard during a formal hearing in front of a panel of workers comp commissioners, who are responsible for deciding how your claim will be settled. If you believe your employer was reckless with your safety, such as ignoring OSHA regulations, your lawyer can help you there, too. They can help you file a complaint with OSHA, and they can even help you take your claim to court if you’re concerned about getting your compensation. Talk to a Work Comp Lawyer About Hearing Loss When you’re hurt on the job, you may be due compensation for the losses you’ve suffered.  But, some injuries and losses are more complicated than others. Hearing loss, for example, may seem more difficult to prove, since it happens over time. The good news is, you have a chance to prove it with a lawyer from HawkLaw, PA. Your South Carolina workers comp lawyer may be a key part of getting your compensation. Your attorney can help you gather information about your claim, so you can get the compensation you need following your claim.  If you’re hurt, reach out for help. We offer free consultations* for potential clients, so reach out for help before you get started. Give us a call at 1-888-HAWK-LAW (429-5529) or fill out the following online contact form to learn more. ### Can I Sue for Mishandled Coronavirus Tests? As the coronavirus pandemic continues to impact everyday life, testing becomes an important part of treatment, quarantine, and preventing new cases. You may have already been tested because you may have been exposed to a sick person, or you may be concerned about some symptoms you’ve had. Unfortunately, you may have received a mishandled or failed coronavirus test. Can you sue for mishandled coronavirus tests in South Carolina? As the situation unfolds, you deserve to know the details of your situation and what you can do if government agencies and health professionals aren’t giving you the best care possible.  Who’s at Fault for Mishandling Coronavirus Tests?  One of the difficulties involved with the coronavirus pandemic is the lack of available testing in the U.S. Many South Carolina residents and residents of other states have already complained about being unable to get tests.  One of the first batches of COVID-19 tests released by the CDC were inaccurate. In other cases, hospitals or doctors weren’t prepared for the tests or didn’t receive proper instruction on using the tests. That left many people suffering from severe symptoms without hard evidence that they had COVID-19.  Coronavirus test mishandling is a stumbling block for your health, but the at-fault party may depend on what went wrong with your test. For example, if a doctor was careless with the tests, you may be able to sue the doctor or hospital group. Government agencies may have also been careless in producing and providing the tests.  While the situation is still developing, talking to a South Carolina personal injury lawyer now could help you seek compensation down the road. Your attorney will have the most up-to-date answers about testing and your illness, so reach out for help with your potential claim.  Compensation Related to Mishandled Coronavirus Tests in South Carolina Coronavirus testing results can make a big difference in getting proper treatment and getting your health back, not to mention taking the right steps for your family and loved ones. If you’re not properly tested and someone was careless with your health and safety, you may be eligible for compensation to help you recover from your losses.  Those losses, or damages, can be financial, but they also cover the mental and emotional suffering you’ve experienced. Below are some of the damages you may have suffered that could be included in your South Carolina mishandled test claim:  Medical costs  Lost wages  Mental anguish or anxiety  Talk to a South Carolina Injury Lawyer about Mishandled Tests If you’ve been tested for coronavirus, but your test was mishandled, you may be due compensation that covers the costs of your financial recovery. While you may never recover the lost time worrying about your condition or the time you spent recovering from COVID-19, you may have a chance to get financial compensation that meets your needs.  At HawkLaw, PA, we understand you have questions, such as, “Can I sue for mishandled coronavirus tests?” Finding answers may be tough now, but your South Carolina injury lawyer can provide them. We can also get you answers for your claim during a free consultation*. To begin, call 1-888-HAWK-LAW (429-5529) or fill out the online contact form below to learn more.  ### South Carolina's Most Dangerous Roads When you’re on the road, you like to think everyone is paying as much attention to the roadways as you are. Unfortunately, some drivers are reckless, and road conditions can make that worse. Whether it’s sharp turns, animal crossings, or high speed limits, there’s a high possibility of being injured on one of South Carolina’s most dangerous roads.  If you’re a frequent driver, make sure you pay special attention to the following roads. And if you find yourself suffering because of a dangerous driver, talk to a South Carolina car accident lawyer about your claim. Your attorney can help you go after compensation for the losses you’ve suffered after your car accident. Highway 22 Some people may be surprised by the number of fatalities on Highway 22 because it’s a relatively new highway. Unfortunately, the road is one of the deadliest in the state, leading to nine fatal crashes in the past four years. That doesn’t include the non-fatal accidents that led to plenty of pain and suffering.  The danger of this highway is in how rural it is. That means plenty of people speed on this road, which means it’s easier to lose control of your vehicle. If a deer jumps out in front of your car, it can be almost impossible to stop before an accident happens.  Interstate 26 Along with I-20 and I-95, this interstate recently saw twenty fatal accidents. Interstates are usually filled with plenty of traffic and drivers who may not be giving the road their full attention. They may be traveling a long way, but even a commute means plenty of opportunity for distraction. Sadly, looking away from the road for even a moment can have deadly results.  If you were injured in an interstate crash on I-26, you have a chance to sue. Our Spartanburg, South Carolina, office is located off I-26, so you can work with a nearby car accident lawyer who understands what you’re going through. US Highway 17 Highway 17 is a long stretch of road that passes through many South Carolina cities, like Myrtle Beach. Often, drivers are distracted behind the wheel, and when you’re on the highway, you’re usually moving fast. That’s especially dangerous if you’re a pedestrian trying to cross this highway or a driver who’s trying to follow the rules of the road.  US 17 also passes through Charleston, where one of our offices is located. If you have a question or concern about your claim after a car accident on Highway 17, we’re nearby to help you get compensated.  Talk to a South Carolina Car Accident Attorney after a Crash Sometimes, you can’t avoid certain dangerous roads. Unfortunately, any road can turn dangerous in an instant, leaving you injured and suffering because of someone else’s actions.  Whether you were injured on one of South Carolina’s most dangerous roads or a quieter street, you may need help from the car accident lawyers at HawkLaw, PA. You have a chance for compensation, and we’re determined to help your claim succeed. If you’ve been injured and you need help, reach out to us for a free consultation.* Call 1-888-HAWK-LAW (429-5529) or fill out the following online form below to contact us.  ### How to Get an Accident Report in South Carolina One moment, you’re on the road, commuting, running some errands, or just enjoying the ride. The next, you’ve been hit by a careless driver, and now you're suffering the consequences for their actions. When that happens, you need help recovering from your car accident in South Carolina. Getting a car accident report can help, but you may not be familiar with the details. What can an accident report really do for you, and how do you get one? If you’re dealing with the aftermath of a car accident and you need help with your recovery, reach out for more information about your accident report. Requirements for Accident Reporting When you’re involved in a car accident, you need to know when you’re required to report an accident. In minor crashes, you may not be required to report. However, in most cases, you’ll need to report your car crash, especially if anyone was injured or killed. The police will need a record of the events as they happened, so you’ll need to report that shortly after the accident. You’ll also need to report your accident  if the estimated damage was more than $1,000 to the vehicles. Since that amount of damage usually means you’ll be interested in filing an insurance claim or a lawsuit, a report is necessary, as you’ll want it for your claim. Steps to Get an Accident Report You may have already filed your report shortly after your accident. Now, you’re accident report may come in handy as you begin your car accident lawsuit. Your car accident report is an account of the accident and how it happened immediately after the fact. Fortunately, you’ll be able to get an official copy of this report. In some cases, it may be easiest for you to buy your crash report online. That way, you don’t have to go anywhere to get your report and get started with your claim. You’ll simply input your information, pay the fee, and get a digital copy of the report. In some cases, an online report may not be available, or you may not have the resources to get the online report. You’ll instead need to complete a Request for Collision Report form. You’ll fill out this form and include your fee, then deliver it in person or via mail to the right people. Find Out Why You Need Your South Carolina Crash Report When you’re hurt in a South Carolina car accident, you need evidence to support your personal injury claim. Unfortunately, your word alone may not get you the results you need. Worse, if you don’t act, you could be in legal trouble for failing to report the accident. If you’re struggling to get your car accident report and use it for your claim, you may need the help of a lawyer from HawkLaw, PA. If you’ve been injured in a car accident, we can help you go after compensation for your car accident. We’ll start with a free consultation* about your claim. To file a claim with a car accident lawyer’s help, call 1-888-HAWK-LAW (429-5529) or fill out the following online contact form. ### Dangerous Intersections in Charleston, SC When you’re on the road, intersections can be some of the toughest areas to navigate. You’re encountering other drivers traveling in other directions, which makes it tough to travel safely. That’s especially true in places that need more safety measures. If you’re concerned about your safety while on the road, watch out for these dangerous intersection in Charleston, SC, to avoid a potential accident. If you’ve already been hit, though, your lawyer can help you seek compensation for the injuries you suffered in an intersection crash. Interstate 26 and College Park Road Interstate 26 is a major, busy road on most days. Many travelers pass through this area, which means traffic is already high. When other drivers are trying to merge into new lanes or trying to pass through the area, it can be tough to avoid a collision. While College Park Road may not be as busy as the interstate, it can still be tough to merge. Other drivers may make poor decisions and illegal maneuvers, which can lead to a major accident. If you suffered a serious injury, like a broken bone or head trauma, in a major accident like this, your attorney may have the tools needed to help you through this difficult time. International Boulevard and Interstate 526 Many dangerous intersections are so hazardous because of the amount of traffic. The more dangerous drivers on the road, the more likely a serious car accident may be. Traffic congestion in this area that lasts throughout the day can make travel tough. Unfortunately, dangerous drivers are common. Distracted driving can cause a severe accident when there’s little space between vehicles. That could lead to serious injuries and expenses, so reach out to a Charleston personal injury lawyer if you’re hit in this intersection. Ashley Phosphate Road and Interstate 26 Ashley Phosphate Road is one of the busiest streets in the state of South Carolina, which means the potential for more accidents and more injuries. Hundreds of accidents happen at this intersection yearly, which makes it notorious among drivers in SC. If you frequently pass through this intersection during your commute, you may have already noticed how difficult navigating this intersection safely can be. Merging onto a busy interstate from a busy road can be tough. Other drivers may not be focused on your safety and your car. Instead, they’re trying to change lanes, pass others, or merge. Getting hit in this intersection could lead to devastating injuries. Call a South Carolina Car Accident Lawyer after an Intersection Collision If you’ve been hurt in a car accident at one of these intersections or elsewhere in and around Charleston, you may have grounds to seek compensation for your vehicle accident. Your lawyer from HawkLaw, PA can help you seek the compensation you need. We offer free consultations* for those seeking compensation for their accidents. If you’re not sure where to start, this consult lets you talk about your claim before you decide to work with our firm. We want you to see what we can offer before you make any decisions. When you’re ready to begin, reach out for help with your claim by calling 1-888-HAWK-LAW (429-5529) or by completing the online form below. ### Can I Sue after Being Hit by a Drunk Driver? It's unfortunate, but some drivers aren't concerned with the safety of others. Instead, they may take risks, like driving under the influence of alcohol. Unfortunately, that means that you may have been in a serious car accident because they were especially negligent. Now, they’re facing criminal charges, which leaves you asking, “Can I sue after being hit by a drunk driver?” If you’re not sure where you stand on your South Carolina injury claim, you may need a lawyer’s guidance to act now. They can guide you through the details of your claim and help you recover after you’re injured by a drunk driver.  You can also call 888.HAWK.LAW or reach us through our contact page to speak to a dui accident lawyer. Criminal Cases vs. Civil Lawsuits Typically, you’re not just facing a normal civil lawsuit. Instead, the drunk driver was likely arrested and is now facing criminal charges. However, those criminal charges don’t do anything to cover your losses, even if they driver is found guilty. Instead, you’ll need to file a separate claim against the driver, which can begin after the criminal trial is complete. You’ll then have the chance to address your injuries and get your compensation. Even better, you may be able to use the evidence brought against them in criminal court as part of your lawsuit. Even if they weren’t found guilty, the threshold of proof is lower for a lawsuit. You don’t have to prove they broke the law, after all. You’ll only need to prove that they were careless with your safety. Compensation for a Drunk Driving Accident Once you know where to start with your drunk driving accident claim, you’ll then need to figure out what your claim is worth. If you don’t know what to seek before you begin, you could end up paying out of pocket for your recovery or otherwise not getting the funds you deserve. That means getting the financial and non-financial losses you’ve suffered covered. For example, you might know that your lost wages should be replaced, but what about your intangible losses? The emotional toll of a crash can be serious, so speak to your lawyer about the compensation you deserve for these losses, too. In some cases, punitive damages may also be available. Because the other driver was so careless, the judge may add further damages to punish the responsible party. Since these damages can be hard to seek, however, contact your South Carolina attorney before you file. If you’re struggling with a drunk driving accident, reach out to your attorney about seeking compensation for your losses, which may include the following: Medical bills Emotional distress Pain and suffering Household accommodations Property damage Contact an Injury Attorney if a Drunk Driver Hit You The aftermath of a drunk driving incident can be difficult to recover from. You’re facing severe injuries and losses that could affect you for years after the accident. In addition, they responsible party is currently facing a criminal trial, which may make it more difficult for you to know how to approach your civil claim. Fortunately, that’s where your lawyer from HawkLaw, PA can step in. We understand how tough it can be to sue after being hit by a drunk driver, and we want to help you get your compensation in South Carolina. When you’re ready, get started today with your free consultation.* We can be reached by calling 1-888-HAWK-LAW (429-5529), or you can connect with us through our online form. ### Can I File a Lawsuit against Uber after an Accident? Most of us have used a rideshare driver’s services at one point or another, and there is a reason that ridesharing is so popular. It is a relatively inexpensive mode of transportation, and it’s easy, fast, and, in most cases, safe. Unfortunately, even the safest driver can make mistakes that cause accidents and injuries for others. If you’ve been in an accident involving an Uber driver, you might be able to file a lawsuit against the driver and possibly against the company of Uber as well. Lawsuits can be difficult to win, and going up against a large company can be intimidating. You don’t have to file a lawsuit without legal help, though. Learn more about when you can file a lawsuit, or a personal injury claim, against Uber or its drivers. Who Is Liable for Your Uber Wreck, Uber or the Driver? If you are riding in an Uber at the time of a collision, or an Uber driver strikes you, you are probably wondering who is liable for your damages. Can you file your lawsuit against the driver, or against Uber? In most cases you will file your lawsuit against the Uber driver. It is the driver who is responsible for the accident, and they are required to carry insurance at all times, same as any other driver on the road. That being said, Uber does carry a $1 million dollar policy to protect those injured by their drivers. This insurance is usually only available if your damages exceed the driver’s policy limits. There are a few other instances when Uber could be liable, and that is if they break the laws in South Carolina and you are injured as a result. For instance, Uber could be liable if they fail to do a background check and driving history check on your Uber driver. Going after the Settlement Owed to You for Your Suffering Whether you decide to file an insurance claim against the at-fault Uber driver or you decide you want to file a lawsuit outright, you are probably doing so to recoup the losses this auto accident has caused you. You might have missed a lot of time from work; it could be that your injuries required extensive medical treatment; maybe you’ve suffered permanent injury that has required you to change professions. Whatever your damages, you deserve to receive fair payment for them. An attorney may be able to help you get the money you need to move past this rideshare accident. Get in Contact with an Uber Accident Lawyer When Uber or one of its drivers caused your injury accident, you are owed damages for what you’ve suffered. Figuring out who is liable can be difficult, and every case is unique. It’s a good idea to partner with an attorney who can help you receive the case outcome you deserve. Get the justice and compensation you seek by partnering with HawkLaw, PA. A free case consultation* is yours when you dial our office at 1-888-HAWK-LAW (429-5529) or when you fill out the free case consultation form at the bottom of this webpage. ### How to Recover Compensation after a Brain Injury Suffering through a brain injury can be a traumatic experience, and it’s not an easy one to recover from. You’ve suffered through a devastating accident, and now every facet of your life is affected. You’ll need compensation to recover, but you may need help getting that compensation. If you’re struggling with a brain injury, it can be tough to focus and get the full compensation you deserve. So, seek out help recovering compensation when you’re overwhelmed by your brain injuries. You’ll need to ensure you’re getting the full amount you’re owed, which may be high, and a lawyer can help. Damages for a Brain Injury The brain is the control center of the body. It sends signals across all parts of the body, controlling movement, thoughts, emotions, and sensations. Unfortunately, that complex organ can be damaged by a forceful impact or other trauma to the head. When that happens, you’ll likely suffer both economic and non-economic damages. These damages are important to your recovery, so you’ll need to calculate these properly. Otherwise, you might be left with less compensation than you need for your recovery. First, you’ll need to seek economic damages, which cover the financial costs of your accident. For example, if you slipped and suffered a concussion, diagnosing and treating your head injury can be expensive. If you needed long-term therapy to regain certain motor skills, or if you needed brain surgery, the costs may be even higher. Non-economic damages are more difficult to calculate, since they’re intangible losses. These damages cover the suffering and emotional toll of your brain injury. If you lost some of your independence because of your symptoms, for example, you might find yourself struggling with a loss of enjoyment of life or other impactful losses. Fighting Back for Your Compensation A brain injury can be an expensive injury, but you’ll have a chance to seek compensation from the responsible party. This compensation can help you recover completely, or it can help you deal with the permanent consequences of a major head injury. You’ll need to prepare a claim against the person responsible to get the full compensation you deserve. Typically, this means working with your attorney to find as much evidence as possible for your claim. That may include footage of the accident, medical exams from your doctor, or testimony from eyewitnesses. Take care to protect your claim, however. If you’re found partly at fault for your brain injury, you could lose part or all of the compensation you deserve. Seek Out Compensation for Your Brain Injury When you’ve suffered a brain injury because someone else was negligent, you should receive compensation for your suffering. It can be tough to recover if you’re struggling with head trauma, however, leaving you overwhelmed and still seeking compensation. Fortunately, your lawyer at HawkLaw, PA can help. Our attorneys understand how tough it can be to recover compensation after a brain injury, so we’ll make sure you know how to recover best. Starting with a free claim review*, we’ll help you work to recover the compensation you deserve. If you’re struggling with a serious head injury, reach out about your recovery by calling 1-888-HAWK-LAW (429-5529) or by filling out the online form below.  Hawklaw, P.A. has offices serving brain injury victims in Charleston, Columbia, Greenville, and Spartanburg. ### Personal Injury Compensation for PTSD Dealing with an accident or traumatic event is difficult on its own, especially if you were injured. Medical care and repairs are expensive, and there's often an emotional toll. Unfortunately, your emotional toll might be especially serious, and it's affecting your life. Those with PTSD, or post-traumatic stress disorder, are often the victims of frightening, painful events. A car crash, assault, or other injury can leave you feeling afraid and unsafe, which affects all other parts of your life. You need to know how to recover personal injury compensation for PTSD, but that can be difficult. If you're struggling with your compensation, break your damages down into two main areas: economic and non-economic damages. Knowing what you're owed and proving those damages will be key to getting the compensation you deserve for your suffering. Seeking Economic Damages In most accidents, you might be thinking about the financial losses first. While PTSD victims experience many intangible damages, the economic losses you've suffered should also be compensated. These damages cover the financial toll of your suffering. For PTSD victims, this means that any medical treatment you receive for your condition should be covered in your compensation. For example, you might be receiving therapy, or maybe you're taking medication to ease the effects of PTSD. Be sure that you include these expenses in your claim, as well as future expenses you know about or can estimate now. For example, if you'll need future treatment for your condition, your lawyer will help you estimate those expenses, too. PTSD and Non-Economic Damages When you've suffered from PTSD, it's often the non-economic damages that will affect you most. Unfortunately, they'll also be the more difficult damages to calculate because they're intangible. As such, you'll need an attorney to help you calculate these damages based on the severity and impact of your suffering. For example, you might have been in a car crash, and now you feel anxious and frightened when you're behind the wheel. You might experience flashbacks or other severe symptoms, making it difficult or impossible to drive. If you live or work in a place where driving is important or necessary, this could have a major impact on your life. These damages can be complex, but a lawyer can help you prepare for them. With the right resources, you can find the right worth for your claim and ideally recover completely. Recover Compensation with an Attorney’s Help Dealing with a personal injury is already difficult, and it may be more so when that injury leaves you struggling with PTSD. This condition can be difficult to live with, which could leave you struggling for years if you don't seek help. You deserve compensation for your suffering. If you're unsure how to recover personal injury compensation for your PTSD, you'll need a lawyer from HawkLaw, PA on your side. You need legal guidance, and we want to help you get the results you need. Starting with a free consultation*, we'll help you fight back for your claim. Ready to get started? Reach out for help in getting compensation for your PTSD. We can be reached by calling 1-888-HAWK-LAW (429-5529) or by completing the online form below. ### Injured at Work: Work Comp or Personal Injury? When a serious accident happens at work and you’re left with serious injuries, you need help. There are a few ways to get the compensation you need, but which way is right for you? Many injured South Carolina workers aren’t sure whether they should pursue workers compensation benefits or file a personal injury lawsuit. Without legal guidance, it’s tough to be sure which route you should take. If you’re not sure whether your case counts as personal injury or workers comp, you’ll need to look closely at your situation. Your employer and the cause of the accident may make a big difference. Fortunately, a qualified lawyer can advise you. When You Should Receive Workers Comp For most South Carolina workers, workers compensation will be the simplest way to get the compensation they need after an on-the-job injury. Because most employers in our state are required to purchase workers comp insurance, you should be able to get your benefits quickly, although insurers do commonly deny legitimate claims. If you have workers compensation coverage, you’ll simply need to report the injury and notify your employers that you’re seeking workers compensation. They’ll contact the insurer, which will investigate your claim to determine whether you should receive compensation and how much you should receive. Generally, you should get two-thirds of your original wage, but other benefits may be involved, as well. Any related medical expenses should be covered, for example. When You Should File an Injury Claim While work comp may be the simplest option, it might not be available to you. While South Carolina covers the majority of its workers, a few types of workers are exempt, including the following: Some agricultural workers Employees in companies with fewer than four employees Some temporary or casual employees In these cases, you’ll be unable to file for workers compensation at all. On the other hand, you may have workers comp coverage, but your situation might call for a personal injury claim anyway. For example, your employer might have done something to intentionally harm you, or you might have been injured because of a defective piece of equipment. Both of those scenarios could warrant a personal injury claim. Either Way, Call a Lawyer Unfortunately, whether you’re filing a personal injury or work comp claim, getting the compensation you need after you’re injured at work can be difficult. You may have to fight for your compensation to get the full amount you deserve. Don’t fight for your compensation alone. A lawyer from HawkLaw, PA can help. We understand how difficult securing compensation for a work injury can be, and we’ll fight to make sure you get every cent you’re entitled to. No matter which type of compensation you’ll receive, our lawyers can help, so call soon to schedule your free case review*. Give us a call at 1-888-HAWK-LAW (429-5529) or complete the online contact form at the bottom of the page to get started. ### What if I’m Injured by an Elderly Person in a Car Accident? Baby boomers are an aging generation and live active lifestyles that include driving. According to the reported South Carolina population as of 2016, 16.7% of the population is aged 65+ and many of these citizens currently have active SC drivers’ licenses. While age is not an indicator of an individual’s driving ability, the effects that come with aging can have a detrimental influence on driving ability. A person’s mental and physical attributes can indicate whether he or she can safely keep driving. Contact our attorneys at 888.HAWK.LAW or by using our contact page to learn more information about what to do after an accident involving an elderly person. Ensuring Drivers are Safe In SC, drivers older than 65 must complete a vision test at every license renewal period, as well as details about their medical health. Vision must be 20/40 with or without corrective lenses, and the field of vision must be at least 70 degrees. The state does not require mental or physical examinations for an elderly driver to renew his or her license. The individual and his or her family are the only ones who make the determination to keep driving. There are a few signs to watch for that can indicate a driver should forfeit his or her driver’s license: Becoming immobile or physically weak Multiple medications that may cause drowsiness Signs of dementia Having minor or serious traffic accidents Driving too quickly or too slowly Losing sense of direction on roads traveled frequently Receiving numerous complaints about driving ability As these signs of aging begin to appear, evaluate the need to keep driving. Accommodations can be made, such as driving only during daylight, staying on low-traffic roadways, and adding extra mirrors. At times, these adjustments are not enough to keep a driver safely on the road, however. It is the responsibility of the driver and his or her family to determine when the time has come to hang up the keys. If the negligence of this causes a car accident in Charleston or across South Carolina, you will need the council of an experienced accident attorney to help with your case. Elderly Drivers and Traffic Accidents If an accident caused by an elderly driver leaves you with injuries, contact us for an evaluation. There are complex laws involving driver liability. If the elderly individual causing injury was driving his or her own car during the accident, he or she would be liable. As with other types of vehicle accidents, sometimes personal injury claims are necessary to receive compensation for losses. If the elderly person was driving his or her own car and does not have a legal guardian, he or she will be solely responsible. The driver will handle the accident, insurance, and personal injury claims and will not involve negligent entrustment charges. Negligent Entrustment If an elderly person who causes an accident has health problems and is driving someone else’s car, the owner of the vehicle can be held liable for negligent entrustment. The same is true if the elderly driver has health conditions that impair driving, but an appointed legal guardian allows him or her to drive anyway. In these cases, the individual bringing forth the lawsuit must prove the vehicle owner understood the driver was incompetent but still allowed him or her to use the vehicle. Negligent entrustment can sometimes be difficult to prove, so before proceeding with a case, secure a lawyer who has multiple-case experience with these scenarios. What Should I Do if I’m in an Accident with a Senile or Unfit Senior Driver? Determining fault and evaluating circumstances surrounding liability and negligent entrustment requires the assistance of experienced personal injury lawyers. If the individual at fault during your accident is senile, unfit, or an incompetent driver, there may be grounds for legal recourse. Victims or family members of deceased victims can file a personal injury or wrongful death suit. Contact our team of South Carolina and  Charleston car accident attorneys us as soon as possible for a case evaluation. Our personal injury lawyers will review your individual case and advise if we feel there is a basis for a claim. Our team has experience with settlements and trial law. Call us at 888.HAWK.LAW or use our contact page today!  ### Can I File a Suit After an Injury at a Sporting Event in SC? Gamecock games and other sporting events can be dangerous for athletes and spectators. The mix of alcohol, excitable crowds, and stadium seating leads to many injuries and a few fatalities. Injuries are often due to falls or thrown objects in a stadium. Determining who is at fault for these injuries requires an in-depth look at premises liability laws and general release clauses. If you or someone you know was injured at a Gamecocks football game, read the information provided below, then contact our firm immediately for proper representation by a premises liability attorney in Charleston or throughout South Carolina. Injuries at Sporting Events Injuries happen at sporting events all the time. In 2012, a 20-year-old fan died during a college football game at the Georgia Dome. The individual fell from an upper level in the stadium, landing on another fan. The man on the lower level survived. At a pre-season NFL game in Houston, a fan died after a 60-foot fall from an escalator. And some injuries, including death, can happen outside of the stadium in tailgating conflicts within the parking lot, like in the altercation with an Alabama fan back in 2015. Lesser injuries have also occurred from unruly fan activity in South Carolina, like in throwing dangerous items from the stands, like a situation with water bottles in 2017, that has a lot of potential for personal harm. Who is responsible for these injuries? Each individual case is different. Circumstances surrounding the injuries must be considered and analyzed to determine whether the premises liability laws apply. Premises Liability Law Stadiums have a legal requirement to provide a safe atmosphere for fans and must make reasonable accommodations to prevent potential injuries. To file a claim under premises liability in Columbia, SC, you must prove that the stadium owner was negligent or did something wrong to cause injury. For example, if you slip and fall on a puddle of soda at Williams-Brice Stadium, premises liability laws will likely not cover your injuries. If you enter a bathroom the contains 2 inches of water from a broken pipe and slip, premises liability law may provide coverage of your injury. Legal options will always depend on circumstances of an individual situation. Most ticket purchases to a stadium include a general liability clause that states you are attending the event at your own risk. This clause severely limits possible claims against the owner. When you are considering filing a claim for injuries, a thorough evaluation is necessary. Could the stadium have done more to prevent your injury? Did the owner perform his or her due diligence to ensure accidents would not occur? Was alcohol involved in the incident? Making this determination requires the help of an experienced lawyer. Liability From Other Injuries Fans can also injure other fans or athletes. At a 2018 college basketball game, a player on the West Virginia team punched a Texas Tech fan after the crowd stormed the court. This type of injury did not occur during the normal course of the event. Injury occurred to the victim from an angry athlete and lack of proper security. In a case like this, one can file personal injury charges against the stadium and the player involved. The general release clause does not apply, because the events were unexpected and turned dangerous. Were You Injured while attending a Gamecocks Game? If you or a loved one has been injured at a Gamecocks event, contact us immediately for a thorough case review. We will determine if the stadium owner was negligent or did not perform necessary inspections to ensure the premises were safe for fans. If the owners failed to take reasonable steps to keep fans safe, you may have grounds for a case. Liability law can cover injuries including slips and falls due to unsafe flooring, damaged stairs or railings, or injuries occurring from other parties due to lack of proper security. The laws and regulations surrounding these incidents are complex and require the attention of lawyers with experience in claiming damages. We have years of experience with trial law and settlements and will work to uphold your legal rights during every step of the process. Contact our office in Charleston today by calling (843) 737-9356 or toll free at 888.HAWK.LAW.  You can also reach us through our contact page.  ### What Can I Recover in a South Carolina Wrongful Death Case? In South Carolina, wrongful death is the death of any person caused by negligence, recklessness, or the intentional or criminal acts of another person or entity. Wrongful death laws differ from nonfatal personal injury laws, so if a wrongful death of a loved one has affected you, finding a lawyer experienced in the field is pertinent. The South Carolina wrongful death attorneys at HawkLaw have extensive trial experience in civil and criminal courts throughout South Carolina. How Do I Establish Grounds for a Wrongful Death Suit? Both civil and criminal courts try cases of wrongful death, depending on the situation. The South Carolina statute of limitations in wrongful death cases is three years from the time of death. If a criminal action causes a wrongful death, a criminal court would try the case. During this time, one can pursue a civil case before, during, or after the criminal case. If the wrongful death case is not criminal in nature, a civil lawsuit would consider it. There are many different circumstances that can warrant a wrongful death claim. The courts can hold accountable any individual, company, or public entity that contributes or causes the death of an individual. Whether the death was accidental or caused by unnatural circumstances, there can be legal grounds for a wrongful death suit. Grounds for lawsuit in South Carolina are based upon the following: Drunk driving  Nursing home abuse or neglect Medical malpractice Prescription drug deaths Foodborne illness Improper building construction Defective products Deaths related to medical devices Unlawful or criminal acts Homicide Possible Damage Recovery in Wrongful Death Suits In South Carolina, the deceased individual’s spouse, children, parents, or estate administrator can pursue wrongful death suits. Other relatives (siblings, uncles, aunts, and grandparents) have no legal right to join the case. Damages for wrongful death cases must be related directly to the deceased individual’s injury and death. Throughout SC, there are three categories of damages to seek for fatalities: full value of life, funeral and medical costs, and pain and suffering between the time of injury and death. Full Value of Life Full value of life is the sum of the economic and noneconomic elements of the victim's life. A court can award economic damages for the victim’s future earnings, which would have occurred over his or her normal life expectancy. Noneconomic components include intangible losses such as having children, companionship in marriage, and other aspects of life that the victim will miss. South Carolina state law does not cap the amount a victim’s family can receive for these two elements. Can I get Compensation for Funeral and Medical Expenses? A wrongful death lawsuit can recover expenses incurred from the victim’s medical and funeral costs. These expenses are not related to the full value of life damages. Claiming these expenses in court is only possible when brought forth by the executor or administrator of the victim’s estate. Pain and Injury Between Injury and Time of Death If the death of the victim did not occur immediately after injury, the law allows for damages to be claimed during the period between injury and death. Damages include pain and suffering, medical expenses, and lost wages. A personal injury claim, separate from the wrongful death claim would consider these damages. HawkLaw Can Help with Your Loved One’s Wrongful Death Case If you are the surviving relative of an individual who was the victim in a wrongful death, contact us immediately for help. Wrongful death statutes are complex, and the process can be difficult to understand. We have handled more than 1,000 cases involving personal injury, motor vehicle accidents, and wrongful death claims. Our experience in both civil and criminal trials will ensure that we handle your case thoroughly, respectfully, and compassionately. Our team will focus on results, while you focus on healing.  Hawklaw, P.A. has wrongful death attorneys in Charleston, Columbia, Greenville and Spartanburg.  Call us today at (843) 737-9356 or toll-free at (888) HAWK-LAW. ### The Warning Signs of Elderly Abuse vs. Self-Neglect The elderly are some of our most vulnerable citizens, and they can’t always tell us when someone is mistreating them. Loved ones look for signs of abuse, but it’s difficult to distinguish the difference between abuse and self-neglect in the elderly. If you are concerned that your loved one is a victim of nursing home abuse, talk to the South Carolina injury attorneys at HawkLaw. We have seen enough cases of this horrific practice to recognize both abuse and self-neglect. Here are some ways you can tell the difference. Signs of Self-Neglect Hoarding Hoarding is one of the important signs of self-neglect. When seniors collect items like newspapers and magazines, mail, paperwork, and other items, it could be a sign of self-neglect. It could also happen with animals, where people allow too many animals to live with them than they could care for safely. If the hoarding is bad enough to create an unsafe environment for the person or anyone living with them, it’s a red flag that they could be neglecting their care. Poor Hygiene Another indication is if they are not taking care of themselves. A lack of care could manifest in dehydration and failing to eat enough healthy and energizing food or not eating enough in general. It also includes medications. If they are not taking their medication or are refusing medical treatment for a serious illness, it could be a sign of self-neglect. Hygiene is another requirement for self-care. If they aren’t taking care of their hygiene, the possibility of becoming sick exponentially increases. Problems Around the House Problems around the house could also be a sign. These problems could be leaving the stove turned on unattended or ignoring necessary housekeeping tasks. Especially in winter months, failing to wear clothes that are proper for the weather could be an indication that they are neglecting themselves. Primary Signs of Elder Abuse Unfortunately, some elderly people also experience abuse. Abuse can come in many forms including physical, emotional, sexual, and financial. It can be difficult to notice, so it is important to know the signs if you have an elderly loved one in a nursing home. One or two of the following issues alone may not constitute abuse. However, if such signs seem repetitive, you may need to investigate further. Here are some things that might signal abuse: Physical Abuse Injuries like bruises, pressure sores, broken bones, cuts, and burns could signal abuse. Though the elderly may be clumsy and prone to bruising, signs of injury around the neck, hands, or where clothing would hide blue marks signal physical abuse. Sexual Abuse Bruises around the breasts or genital area can be an indication of sexual abuse. Fear of removing their clothes or sudden shyness around a particular person are also signals of abuse. Emotional Abuse This is often the hardest to see. The elderly may forget that someone spoke cruelly to them, but they may indicate they want to avoid proximity to certain caregivers. If this is the case, pay attention to their fears. If they suddenly seem less alert or more depressed than usual without clear reason, they may be experiencing emotional abuse. Financial Abuse A sudden plummet in funds for an inexplicable or unclear reason could indicate that someone is taking advantage of their finances. Watch bank accounts and credit card history to prevent financial abuse of elders. Similarly, strained or forced relationships between the elderly person and a caregiver could be a sign of all these types of abuse. Whether due to fear of repercussions or forgetfulness, your loved one may not be able to tell you what’s happening. Be on the alert for self-neglect, but don’t count out nursing home or caregiver abuse. If an elderly person you know begins exhibiting any of these signs and you suspect some sort of abuse is taking place, you will want an experienced personal injury law firm on your side in South Carolina. Schedule a free consultation with HawkLaw to start your case. How to Prevent Nursing Home Abuse The best way to prevent nursing home abuse is to make sure that you are sending your elderly loved one to a respectable healthcare facility. Of course, reputation is only a part of the equation, so you will need to do a bit of investigating yourself. The first step is looking for signs of elder abuse like severely underweight residents; residents with bedsores, bruising, or scarring; residents with mental health issues that could stem from psychological abuse; and a general lack of staff. When you have a loved one in a nursing home, make sure you call your family member regularly and visit often to check for any potential abuse. Additionally, keep track of how long it takes for staff to respond when you bring a concern to their attention. Even checking your loved one's finances can help prevent financial exploitation. What to Do if You Suspect Nursing Home Abuse in South Carolina If you suspect nursing home abuse, the first thing you should do is talk to the elderly person in private. They will likely be able to verify or at least help support your suspicion based on their own testimony and experience, depending on their mental condition. Additionally, you should report the abuse as soon as possible. Even if you are not 100% sure that abuse is taking place, the suspected exploitation of a vulnerable adult can warrant an investigation from law enforcement agencies. How to Report Elder Abuse in South Carolina To report elder abuse at the hands of a South Carolina care facility, contact the Adult Protective Services (APS) Long Term Care Ombudsman at 1-800-868-9095. If you suspect that a vulnerable adult is in immediate danger, call law enforcement officers and emergency services right away rather than the South Carolina Department of Social Services. How a South Carolina Nursing Home Abuse Lawyer Can Help Your Case Having a South Carolina nursing home abuse lawyer on your side can drastically help your case. A lawyer can gather evidence of abuse, malicious behavior, and negligence by your elderly loved one's health professionals. They can also document the damages suffered from mistreatment and represent you and your loved one in settlement negotiations. An experienced attorney will even go to trial for you if the abuse case reaches that point. Fight for the Safety of Your Seniors Elderly nursing home residents in South Carolina deserve to live with respect, dignity, and an overall positive sense of well-being. HawkLaw is passionate about fighting against all types of elder abuse with our deep knowledge of South Carolina law and elder abuse laws. Get in touch with our abuse attorneys in Columbia, Charleston, Greenville, or Spartanburg for a free consultation* by calling 888-HAWKLAW toll-free or filling out our online contact form. ### 7 Things to Collect After a Car Accident in South Carolina One minute you’re driving along I-95, I-77, or a local highway and the next minute your vehicle sits crossways in an intersection – accidents happen fast. In the aftermath, drivers often forget to keep track of crucial information that may protect them later. Print this checklist and keep it in your glovebox. After a car accident, run through our information gathering checklist to ensure you take the appropriate steps. Important Items to Get immediately after an Auto Accident Your After Car Accident Information/Item Gathering Checklist: Smartphone, Cellphone, and/or Camera. While we cannot advocate using these devices while driving, they play a crucial role in accident investigations and injury claims. Keep your device nearby in the aftermath of an accident. Take pictures of everything, including injuries, the location of the vehicles, weather conditions, property damage, and the items in your vehicle. Consider taking videos and as many different pictures as possible to improve the investigative process. If you use a dash cam, dismount it and keep it with you. Drivers & Witness Contact Information. Gather the following information for all people at the scene. Record names, phone numbers, addresses, license plate numbers, and insurance information for all drivers involved in the incident. For witnesses, ask for names and contact information of all witnesses on the scene. If possible, record license plate numbers. Investigators may use license plate information to contact a witness later. Police Officers and Emergency Responders. Ask the attending officers for names, badge numbers, and the police report number/lookup information. Responders, record the names, company name, and any professional numbers associated with the personnel on the scene for reference later. Personal Belongings. To avoid additional losses, record all your belongings in the vehicle or gather them before allowing tow truck companies to take it away. A Written Description of the Scene. If possible, write down everything you can remember from the accident as soon as possible. Include small details and facts including a description of traffic, if you noticed distracted driving, and how you feel immediately after the accident. Write down information for every vehicle in the accident including the make, model, and license plate number. As time passes, your memory of the incident will face and become less reliable. A complete description will help you recall facts in subsequent investigations and legal proceedings. A Copy of the Accident Report. In South Carolina, you must file an accident report for all accidents that involve over $1,000 in property damage, injuries, and/or death. If a police officer does not attend the scene of the accident, file Traffic Collision Report, Form FR-309 within 15 days. If you do not file an accident report, you may lose your ability to pursue a legal claim for compensation. After the initial filing, check with the appropriate authority to secure a copy of the accident report. Keep the report in your records. Medical Records. If you suffered an injury in the accident, file copies of all records in a safe place. Always seek medical support after an accident to create a record of the incident in a medical facility. If you receive ongoing treatment for chronic or severe injuries, keep gas receipts, prescription receipts, and copies of all medical invoices. This information may help you recover compensation for medical expenses if you choose to file a claim. Information after an accident can protect you from liability and it can protect your right to pursue compensation in a legal claim. Remember to use caution when you interact with other drivers, police officers, insurance adjustors, and witnesses after the accident. Any admission of fault or opinion may harm you later. If you keep the information in this checklist, your personal injury attorney can quickly work on an investigation and legal claim to protect your rights. ## Pages ### Diversity, Equity, and Inclusion (DEI) at HawkLaw, P.A. Diversity, Equity, and Inclusion (DEI) means creating a workplace where every individual is valued, supported, and given a fair chance to succeed. At our firm, DEI isn’t about politics; it’s about people. It’s about treating clients, employees, and community members with respect, removing unnecessary barriers to success, and making sure that everyone has access to the same quality of service and opportunity. We believe that building a team with different backgrounds, perspectives, and experiences helps us better serve our clients and strengthens our work as a whole. We take deliberate steps to ensure that our workplace and community outreach reflect our core values of fairness, accountability, and service. DEI at HawkLaw is about action, not just intention. We’re Focused on Building a Stronger Future Together At HawkLaw, we’re integrating DEI principles into our everyday operations and leading by example. Language Access for Clients. We have Spanish-speaking staff or translation services available so non-English speakers feel understood and respected. Hiring and Vendor Practices. We make an effort to interview diverse candidates for all roles. Flexible Work Arrangements. We provide flexibility in work schedules for caregivers, parents, and employees with disabilities. Recognizing Juneteenth as a Paid Company Holiday. HawkLaw observes Juneteenth as a paid holiday, reaffirming our dedication to honor Black history and promote racial equity within our firm and the broader community. I started HawkLaw over 20 years ago with the mission of giving everyone an Amazing Client Experience, no matter who you are or where you come from. HawkLaw fights for the rights of the average person against wrongdoers and insurance companies. We seek to even the odds and to hold the wealthy and powerful accountable. Diversity, Equity and Inclusion is a key part of our everyday experience, and you can rest assured you’ll feel welcome and at home at HawkLaw. – John Hawkins, Founder of HawkLaw Diversity, equity, and inclusion are ongoing commitments. We’re continuously evaluating and improving our approach so that our team – and the communities we serve – feel empowered, welcomed, and heard. We welcome referrals from local leaders, community organizations, and individuals who want to make sure their neighbors get the representation they deserve. If you know someone who has been hurt and needs help – especially someone who might not know where to turn – HawkLaw P.A. is here to help. Call or contact us today. ### Videos South Carolina HawkLaw Fights to Get You the Money You Deserve! Free Consultation* Free Consultation* Have you ever heard of HawkLaw? Call All 3's! If you get hurt at work, who are you going to call? Call HawkLaw! Have you ever heard of HawkLaw? Call All 3's! Injured in a car wreck or have a work injury? Call All 3's! Who are you gonna call if you get in a car accident? Call all 3's! I'm a little sore, but okay. Should I see a doctor? I have pre-existing health conditions, would that affect my personal injury claim? One of my doctor's told me my injuries were permanent, does that affect my case? Is filing the lawsuit always necessary? How can an attorney help? Should I speak with the at fault driver's insurance company? What kind of questions should I ask my personal injury attorney? Do you have an on the job injury? Happy Birthday HawkLaw Who put my gavel in JELLO?! HawkLaw Football Solo - Director's Cut DON'T FIGHT SOLO, CALL TEAM HAWK! (Football 3) DON'T FIGHT SOLO, CALL TEAM HAWK! (Football 2) DON'T FIGHT SOLO, CALL TEAM HAWK! (Football 1) HawkLaw Making the Commercial: Football YOU AND YOUR CASE ARE NOT ALONE MOM, WE BETTER CALL THE HAWK! You and Your Case Are Not Alone! Happy Holidays! FEISTY PETE Video FEISTY PETE Part 3 FEISTY PETE Part 2 FEISTY PETE Part 1 FEISTY PETE DUMMY BORED DUMMY RAN A REDLIGHT? MUSIC DUMMY RAN A RED LIGHT? Every Step Of The Way Right By You Attention Driver POV - Night Driver POV - Rain Driver POV - Speed HawkLaw Cares Home Medical Network One Man Band A message about the Coronavirus from John at HawkLaw HawkLaw Cares COVID-19 Update ### Covid-19 Here’s what you can do during this difficult time to help. While there is no vaccine for COVID-19, we can take steps to prevent the spread of the virus by following the CDC’s recommendations. Stay home if you’re sick Avoid close contact within 6 feet of someone with a cough Cover your mouth and nose with a tissue when you cough or sneeze or use the inside of your elbow. Wash hands with soap and water or an alcohol-based hand sanitizer frequently Avoid shaking hands Avoid all non-essential travel outside of the U.S. Wear a facemask if you are sick. You do not need to wear a facemask unless you are caring for someone who is sick. Clean AND disinfect frequently touched surfaces daily. Stay Informed Visit the resources below for up to date information about COVID-19 Get the latest news on Covid-19 SC Department of Health and Environmental Control Centers for Disease Control and Prevention South Carolina DHEC Johns Hopkins University & Medicine Community Resources Free Remote Screening with MUSC Health Free Spectrum Internet for 60 days for students South Carolina School Food Sites How Can You Help? Here are some ways to support those in need. Donate blood if you are healthy - fewer people are eligible to donate blood and America’s blood supply will be threatened. Donate to Meals on Wheels - the charity will safely deliver food to senior citizens in self quarantine. Donate to Feeding America - School closures jeopardize families that rely on school meals to feed their kids. Supporting local businesses Help the elderly - Run errands, picking up groceries/prescriptions, or check in on the phone. Be Responsible - Follow the CDC recommendations to help prevent spread. Can We Help? HawkLaw understands the Coronavirus is having serious impacts on every part of society. At HawkLaw, we are dedicated to the health and safety of our clients, our team members, and our community. We are passionate about fighting for the rights of our clients and will continue to do so, regardless of the obstacles. If you have any questions about your case please call us toll free at 888 HAWKLAW  or email us at mycase@hawklawfirm.com. ### Privacy Policy At HawkLaw Firm, accessible from https://www.hawklawfirm.com/, one of our main priorities is the privacy of our visitors. This Privacy Policy document contains types of information that is collected and recorded by HawkLaw Firm and how we use it. If you have additional questions or require more information about our Privacy Policy, do not hesitate to contact us. This Privacy Policy applies only to our online activities and is valid for visitors to our website with regards to the information that they shared and/or collect in HawkLaw Firm. This policy is not applicable to any information collected offline or via channels other than this website. Consent By using our website, you hereby consent to our Privacy Policy and agree to its terms. Information we collect The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information. If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide. How we use your information We use the information we collect in various ways, including to: Provide, operate, and maintain our website Improve, personalize, and expand our website Understand and analyze how you use our website Develop new products, services, features, and functionality Communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the website, and for marketing and promotional purposes Send you emails Find and prevent fraud Log Files HawkLaw Firm follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this and a part of hosting services' analytics. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users' movement on the website, and gathering demographic information. Cookies and Web Beacons Like any other website, HawkLaw Firm uses 'cookies'. These cookies are used to store information including visitors' preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users' experience by customizing our web page content based on visitors' browser type and/or other information. These analytics and performance cookies are used on this site, only when you acknowledge our cookie banner. We use analytics cookies to view site traffic, activity, and other data. Advertising Partners Privacy Policies You may consult this list to find the Privacy Policy for each of the advertising partners of HawkLaw Firm. Third-party ad servers or ad networks uses technologies like cookies, JavaScript, or Web Beacons that are used in their respective advertisements and links that appear on HawkLaw Firm, which are sent directly to users' browser. They automatically receive your IP address when this occurs. These technologies are used to measure the effectiveness of their advertising campaigns and/or to personalize the advertising content that you see on websites that you visit. Note that HawkLaw Firm has no access to or control over these cookies that are used by third-party advertisers. Google advertising cookies Google uses cookies to help serve the ads it displays on the websites of its partners, such as websites displaying Google ads or participating in Google certified ad networks. When users visit a Google partner's website, a cookie may be dropped on that end user's browser. Third party vendors, including Google, use cookies to serve ads based on a user's prior visits to The Firm’s website. CCPA Privacy Rights (Do Not Sell My Personal Information) Under the CCPA, among other rights, California consumers have the right to: Request that a business that collects a consumer's personal data disclose the categories and specific pieces of personal data that a business has collected about consumers. Request that a business delete any personal data about the consumer that a business has collected. Request that a business that sells a consumer's personal data, not sell the consumer's personal data. If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us. GDPR Data Protection Rights We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following: The right to access – You have the right to request copies of your personal data. We may charge you a small fee for this service. The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete. The right to erasure – You have the right to request that we erase your personal data, under certain conditions. The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions. The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions. The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions. If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us. Children's Information Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity. HawkLaw Firm does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records. ### Middle Tyger Community Center HawkLaw is excited to announce its partnership with Middle Tyger Community Center and their “This is My Child” Program. This 5-star program provides high quality care and early education for eligible children from six weeks through 4K. In 2013 and 2016, “This is My Child” won the United Way of the Piedmont’s Program Excellence Award and continues to keep an A+ rating. HawkLaw is located across South Carolina by having offices in Spartanburg, Greenville, and Charleston.  With a team of experienced attorneys, HawkLaw specializes in personal injury, worker’s compensation, and auto accident cases. The law firm’s mission has always been to provide legal assistance to anyone in need, regardless of the circumstances that lead him or her to the firm. John Hawkins, Founder and Owner of HawkLaw recognized the two visions similarities which then led to the partnership. HawkLaw has since decided to sponsor a set of twins, Nora and John Luke, in the “This is My Child” Program by donating money to finish out their school year. The Middle Tyger Community Center is always appreciative of any donations that the community can provide. The need for cash, food, or other goods never ends. Children in the program just like Nora and John Luke, rely on these donations to help make sure they get the high-quality care and education they deserve. Donate below to other children in need! John Luke John Luke is an outgoing 4-year-old boy that is full of energy. Playing with building blocks and race cars are his favorite things to do during center time. John Luke loves the colors orange and blue and his favorite Disney characters are Mickey Mouse and Lightning McQueen. Nora Nora is a sweet 4-year-old girl that loves to play and act silly with her brother. She loves to be the role of “Mommy” when playing house during center time at school. Her favorites things include, the color pink, coloring, Finding Nemo and Disney Princesses, specifically Cinderella. ### Service Dogs for Veterans HawkLaw is extremely proud to announce our partnership with the Service Dogs for Veterans Organization.  We have seen the dedication of the individuals who run this organization and we are committed to furthering their efforts of providing service dogs to local Veterans who have PTSD. Bill Brightman, the Veterans Advocate for the program, began working with service dogs and veterans because he realized that there was a need for alternative treatment methods for victims of PTSD.  He, along with Connie Cleveland, the founder of Dog Trainers Workshop, provides skills and training to Veterans and their future service dogs. With the help of the Dog Trainers Workshop and local animal shelters in Upstate, South Carolina, Bill and Connie have helped many Veterans find healing through the addition of a service dog to their family. John Hawkins, Founder and Owner of HawkLaw and a fellow veteran, recognized the great work Bill and his team were doing in the veteran community. He knew they could help support the Service Dogs for Veterans organization by raising awareness and donations that would make it possible to assist more Veterans in the Upstate with the financial and logistical aspects of training a service dog. How You Can Help In support of this amazing organization we are hoping to raise over $10,000 to put towards the training of new service dogs for our local Veterans. We have pledged to match the first $5,000 to help achieve this goal. Will you partner with us to reach the goal of $10,000 to give back to the men and women who have dedicated their lives to our country? Donate below and change a life! Tony & Cooper Tony Swett, a U.S. retired Army infantryman, and his dog Cooper are one of the many success stores to come out of the Service Dogs for Veterans organization.  Swett and Cooper first found each other through Swett’s stepson, Garrett.  At first, Cooper was a nuisance to Swett, eating his socks and destroying everything of Tony’s he could find, but after attending a dog training workshop, Tony realized that Cooper was much more than a dog, he was his most loyal companion.  Tony and Copper enrolled in the Service Dogs for Veterans program and now they both work at Lowe’s Home Improvement store in Spartanburg, SC.  Cooper and Tony are inseparable now and Swett says, “owes his chance at a successful civilian life to Cooper and the people who took a chance on helping him get past his PTSD.” Charity & Haley Charity is one of the hundreds of veterans who suffer from PTSD.  Safety and security were two attributes that Charity never thought a dog could provide her, much less be able to ease the effects that PTSD had on her daily life.  Charity reached out to Bill Brightman at the Service Dogs for Veterans program and Bill introduced her to Haley.  Skeptical at first, Charity began to work with Haley in various training classes.  Charity quickly came to realize that Haley provided the sense of security that she so desperately needed and she was no longer afraid to go out in large crowds.  Hayley is always there to comfort Charity in high stress situations and has significantly helped to ease the effects that PTSD has on her daily life.  Charity says, “My life is totally different. I never would be able to experience the freedom I now have with Haley by my side. If at the beginning, you would have told me I would feel this different, I would've told you 'No way I could feel this good!' Now I can go where I want without being afraid! If that isn't a gift from God, I don't know what is.” Bill Brightman with SD4V and John Hawkins, Owner and Founder of HawkLaw pose with Darla, a service dog in training. ### About South Carolina About HawkLaw Fights to Get You the Money You Deserve! Free Consultation* Free Consultation* Home HawkLaw is an established Personal Injury and Workers' Compensation law firm with offices in Spartanburg, Downtown Greenville, Charleston and Columbia – serving Clients across South Carolina. John Hawkins is the Founder and CEO of HawkLaw, a firm he created and has grown and nurtured since 2002. He has been licensed to practice law in South Carolina since his graduation with honors in 1994 from the University of South Carolina School of Law, where he was Managing Editor of the Law Review and was admitted to the Order of Wig and Robe. John worked at a few different law firms before he decided to start his own business. John built HawkLaw from the ground up while also serving 4 years in the State House of Representatives and 8 years in the SC State Senate, and 23 years in the SC Army and Air National Guard. John’s career has been focused on litigation, and he is experienced in handling Car Wrecks, Workers' Compensation, Personal Injury, Social Security Disability, Administrative Law, and Criminal Law matters. During his journey, John realized his passion for helping his injured clients get back on their feet again. John’s love of companies that put their customers first has led him to insist that every HawkLaw client receive an Amazing Client Experience. Twenty years later, HawkLaw is a state-wide law firm. We have offices across South Carolina that proudly take on personal injury cases with a client-first approach. HawkLaw strives to provide every client with an Amazing Client Experience. HawkLaw Fights! ### Disclaimer Cases are principally handled out of Greenville, Spartanburg, Charleston, and Columbia offices. John Hawkins is the attorney responsible for the content on this website, and his primary office address is 3 Caledon Ct, Ste A Greenville, SC 29615. Case "worth" is determined from the total settlement amount.  The settlement amounts shown are gross numbers before attorney’s fees and cost deductions. The % fees will be computed before deducting expenses and court costs from the gross settlement. Contingency fees refer only to the fee charged by the attorney and may not be appropriate in all situations. The client may still be responsible for certain costs and expenses. The information contained in this Website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. The specific results achieved for clients shared on this website do not imply that similar results may be achieved for other clients. The information contained in this Website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. The content of this Website contains general information and may not reflect current legal developments, verdicts or settlements. 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No fees or costs with no recovery. ### Contact Contact Us Over $200 Million Recovered* No Fees Unless We Win!* "*" indicates required fields Name* Phone*Email* Case Type*Case Type *Personal InjuryBicycle AccidentBirth InjuryBrain InjuryBurn InjuryCar AccidentChild InjuryConstruction AccidentDog BiteDUI AccidentMedical MalpracticeMotorcycle AccidentPedestrian AccidentProduct LiabilitySlip and Fall AccidentSpinal Cord InjuryTruck AccidentWorkers' CompensationWorkplace AccidentWrongful DeathOther InquiryDisclosure: Completing this online form does not constitute or create a lawyer-client relationship. HawkLaw respects your privacy and requests that you do not share sensitive or confidential information in online forms. This form is not confidential.disclosure agreement* I have read and understand the above disclosure.* HiddenLanding Page HiddenConversion Page HiddenGCLID HiddenForm Factor HiddenUser JourneyCommentsThis field is for validation purposes and should be left unchanged. Δ Serving All of South Carolina Our Office Locations Have you been Injured? We’re Ready to Fight for You Get Your Case Started Immediately. We’ll Be There for You. Anytime. Anywhere. Free Consultation* ### Car Accident FAQ In 2020, there was a traffic collision in South Carolina every 4.3 minutes. A car accident can leave you suffering financially, emotionally, and physically. You deserve compensation when someone seriously injures you, but now you may be stuck, struggling to get the full amount you deserve. If you’re preparing your auto crash claim, you need answers to complex questions as soon as possible. Read on to learn the answers to some commonly asked South Carolina car accident questions. If you need help with your car accident case, call us at 888-HAWKLAW or fill out our online contact form to speak with an experienced personal injury lawyer at HawkLaw today. What Should I Do Immediately After a Car Accident in South Carolina? Check for injuries. You, your passengers, the other driver, their passengers, and any involved pedestrians should be checked for accident injuries. Call for medical assistance and first responders right away. Never think that if you feel fine, you do not need medical attention. All motor vehicle accident victims should get medical attention. Move out of danger. If you can, move your car to the shoulder of the road. If you cannot, move yourself out of the way of traffic. Getting out of the way can prevent worse accidents caused by a chain reaction when other vehicles approach. Call the police. Often, when you call first responders, the police will be first on the scene. If they are not, request a police presence. Police can also call for emergency medical services for anyone who needs it, and they will create a record of the incident. If the accident is particularly minor, the police may not come, but you can still file a police report and request a copy for your records. The police report is an essential tool for proving fault. Collect information and evidence. Get the other driver’s insurance company, their name, their contact information, and their license plate number. Get the contact information of any witnesses. Take pictures of the scene, including damage to vehicles, injuries, and property damage. Watch what you say. Never apologize for anything at the scene. Saying “I’m sorry” in any way can be used to imply that you accept fault at least partly for the accident. This can cause trouble down the road. Also, do not reveal personal details beyond your name, contact information, and insurance provider. Do not tell the other party what kind of coverage you have or give any details like your Social Security number. Call your auto insurance company. Report the accident to your insurance company as soon as possible. Do not editorialize or try to tell your side of the story. Simply give them the facts of what happened so you can get the insurance claims process started. Call a South Carolina car accident law firm. An experienced personal injury attorney at an auto accident law firm can help by communicating with all the necessary parties in your injury case, including the insurance adjuster. They can advise you on the likely outcome of your claim, make sure you meet the deadlines for filing, and handle negotiations for your settlement offer. If necessary, they can represent you in court. Report your accident to the DMV. If your accident results in injury, death, or more than $1,000 in property damage, you are required under South Carolina law to report the accident to the South Carolina Department of Motor Vehicles within 15 days of the accident. What Records Should I Keep of My Accident? You should keep any and all records that are, no matter how loosely, associated with the accident. These include photos of the accident scene, photos of your injuries, police reports and insurance claims, pay stubs and bank statements that show proof of lost wages, medical bills, medical care and medical treatment documentation, motor vehicle repair bills, rental car bills, receipts of any and all expenses resulting from the accident, such as those for necessary in-home replacement services, and even journals of how your injury has affected you. All of these can have an impact on your personal injury claim and your fair settlement. If you are in a car accident in South Carolina, whether you are in Columbia, Charleston, Greenville, or beyond, the auto accident lawyers at HawkLaw are ready to help with legal advice and representation. Our law firm has years of experience representing motorists in car accident claims, and we are pleased to offer a free case evaluation.* Our law firm works on contingency, so if we do not win your case, you owe us no attorney’s fees.* See our disclaimer and call us today at 888-HAWKLAW, or use our online contact form to schedule your case review. What Are the Most Common Causes of Car Accidents in South Carolina? Many different factors can play into a car accident. Some of the most common causes include: Distracted driving Impaired driving Drowsy driving Reckless driving Aggressive driving Vehicle defects Poor road conditions Do I Have to Report My Accident to the Police? Under South Carolina Law, if your car accident results in injury, death, or more than $1,000 in property damage, you must report the accident to law enforcement. If none of the above apply, you do not have to report the accident. It can, however, still be a good idea to call the police to the scene and file a police report. Some injuries can take weeks to show symptoms, and your police report can be a tool should you need to file a personal injury claim. How Do I Report My Car Accident? South Carolina offers two ways to report an accident. The motorist can call 911 or the local non-emergency line to report the accident to the police. This will bring help to the scene and create a police report that can be a useful tool for informational purposes in future investigations. Alternatively, the motorist can report the accident to the South Carolina DMV by completing Form-309, the Traffic Collision Report Form, and mailing it to the DMV within 15 days of the accident. How Is Fault Determined in South Carolina Car Accidents? South Carolina is a fault-based state. This means your accident injury claim will be paid by the insurance coverage of the at-fault driver. You file your claim with the insurance provider of the driver who caused the accident. Negligence is the heart of these types of cases. Negligence means that the other driver acted in an irresponsible, reckless, or deliberately malicious manner that violated their duty of care to operate their vehicle safely and responsibly. It also means that their violation led in some way to the accident and that you got hurt in the accident. Furthermore, South Carolina has modified comparative negligence. This means that your claim can be reduced by the percentage of fault that you hold. I Think I Was Partly Responsible for My Car Accident. Can I Still File a Claim? If possible, it’s best to avoid all accusations that you were at fault for your claim to any degree. This is because South Carolina has comparative negligence laws, which means that if you are any percentage at fault for the accident, your claim could be reduced by that amount. For example, if a truck driver hit you while you were on the phone, you might be found partially responsible for the accident because you were distracted. If you are found 10 percent at fault, your compensation may be reduced to only 90 percent of the original amount. Further, if you are 51 percent or more responsible, you can be barred from collecting compensation at all. This is why it is important to have help from an experienced South Carolina personal injury law firm. What Should I Do if the Other Driver Doesn't Have Insurance or Is Underinsured? The insurance policy of the at-fault driver will likely pay all the damages that you or your passengers incur during the accident, but the payout will only be up to the insurance policy liability limits. If you have underinsured motorist coverage, your policy will cover amounts in excess of the underinsured motorist’s policy limit. South Carolina also requires drivers to carry uninsured motorist coverage. If you are hit by an uninsured driver or a hit-and-run driver, your uninsured motorist coverage pays you directly. How Long Do You Have to Report an Auto Accident to Insurance in South Carolina? You have up to 15 days from the date of the incident to file a report with your insurance provider. What Should I Do if the Insurance Company Denies My Car Accident Claim in South Carolina? If you are denied by the at-fault driver’s insurance company, you can sue the driver directly. If your own insurance company denies your claim, you can file an appeal, sue for breach of contract, or sue for insurance bad faith. Which option is best depends on the specifics of your case. A knowledgeable car accident attorney can advise you on the options that are most likely to result in fair compensation, and they can represent you in your personal injury case. What Kind of Financial Compensation am I Entitled to After an Accident? Damages come in two forms: economic and non-economic damages. Economic damages represent the financial costs of the accident. These include medical expenses, lost wages, and damage to your car. Non-economic damages are harder to calculate. They include pain and suffering and loss of quality of life. An experienced and knowledgeable South Carolina car accident attorney can argue for the maximum value for your fair settlement. What Is the Statute of Limitations to File a Car Accident Lawsuit in South Carolina? After your accident, you’ll need to act as soon as possible to get your full compensation. For the typical car accident in South Carolina, you’ll only have three years to file a claim. However, you may have as little as two years for an accident involving a government entity. While that may seem like plenty of time, a claim can be overwhelming, so you may need to act fast and seek help. How Long Will My South Carolina Car Wreck Claim Take? The time it takes for your claim to be resolved will depend on several factors. For example, a multiple-car accident may be more complex. If you are suing a parts manufacturer, it may take longer to gather evidence than for a more straightforward auto collision. However, your attorney should take the necessary time to get the compensation you deserve. While many cases can be settled out of court or completed within a few weeks or months, we’ll keep fighting until you hopefully get your total compensation. When Should I Hire a South Carolina Car Accident Attorney? You should contact a South Carolina auto accident attorney immediately after your auto accident. The right attorney can help you in many ways. They can help collect evidence, file your claim with the insurance company, negotiate your settlement, and take on the hard fight for fair and full compensation while you focus on recovering from your accident. Whether you, or a loved one, are fighting a debilitating injury, or you have lost a loved one to wrongful death, the right attorney is your best ally when you need them the most. We’ll Fight for the Results You Need When you’re injured in a car crash, you need compensation to recover, but receiving that compensation can be complicated and overwhelming. Fortunately, the Charleston, Columbia, Greenville, and Spartanburg car crash lawyers at HawkLaw can help you through your claim. We understand how difficult an auto accident claim can be, so we’ll fight to protect the compensation you need and get answers to your questions. If you’re struggling with tough questions, reach out for a free consultation* with one of our South Carolina car accident lawyers. We’ll discuss your claim and help you seek the compensation you deserve. When you’re ready to begin, call us at 1-888-HAWKLAW (429-5529) or complete the online form below. ### Reopen A Workers' Comp Claim If you have been injured in a work accident, you might be relieved to have gotten your workers’ comp benefits. Unfortunately, your benefits might expire soon, but you are not feeling or doing better. In fact, you may need more compensation for your losses than your benefits are covering. Navigating the process of reopening a workers’ compensation claim can be complicated. Without a lawyer, you risk losing compensation for any of your long-term injuries. At HawkLaw, we pride ourselves on our tenacity. Our experienced lawyers have helped hundreds get compensated* for lost wages and medical treatment. Can I Reopen an Old Workers’ Compensation Claim in South Carolina? If you are concerned that you will be unable to return to work, it may be time to talk to an attorney about reopening your workers’ comp claim. South Carolina law allows injured workers to reopen their cases if their injuries worsen. For example, you might have suffered a brain injury on the job. You were steadily getting better, but then, you took a turn for the worse. Your brain injury may require more treatment and care than originally expected. In some cases, you may not be able to return to work at all. Fortunately, you can reopen an old workers’ compensation injury claim in South Carolina, but only if you did not sign a clincher agreement. A clincher agreement, also referred to as a final release, is a document that relieves an employer and its insurance company from being burdened with any further responsibility as far as paying medical benefits or other workers’ compensation. This release remains in place even when or if the employee’s work-related injury continues or worsens. Thus, once a clincher agreement is signed, your eligibility for reopening a claim is forfeited. What Are the Requirements for Reopening a Workers’ Comp Claim in South Carolina? The requirements to reopen an old Workers’ Comp Claim here in South Carolina include: The worsening injury or illness must have a causal link with the workplace accident that led to compensation previously. The change in your medical condition is not a distinct injury included in your original work injury claim. Such change in condition occurred only after the granting of the original award. If you were suffering from this condition during the time of your original application and did not include it, the state law prohibits use of it now to reopen your closed workers’ compensation case. You are within the acceptable stipulated timeframe (12 months after your last payment under workers’ compensation benefits). By meeting the requirements listed above, you can begin the reopening process of an old claim. Since you will need to show proof of a worsened condition, however, it will be beneficial to find an experienced workers’ comp lawyer to help you gather the medical evidence and file to reopen within the legally allowable time limits. How Long Do I Have to Reopen a Workers’ Compensation Claim in South Carolina? In South Carolina, you have 12 months from the date of the last compensation payment to reopen a workers’ compensation claim. Prior to filing to reopen that claim, you must experience an adverse change in your condition. As such, you will bear the burden of proof that you suffer a worsening condition and that you did not previously sign a clencher agreement with your employer and its insurance carrier. If you are unsure if you are still within the allowable statute of limitations timeframe to reopen your claim, schedule an initial consultation with a workers’ comp attorney for guidance. Many factors can determine the timeframe in which you are eligible to file. How Do I Reopen a Workers’ Comp Claim in South Carolina? You will need to talk to your lawyer about filing the right forms, taking your claim to court, and proving to the judge that you are still hurt. If you have been hurt in a work accident and you are seeking further benefits, your first step will be to gather evidence. Your attorney can help you gather the evidence you need, like doctor’s exams and daily updates on your health. From there, your lawyer will represent you in front of the judge, showing them how your condition has changed for the worse. The judge will review this evidence, and they will decide whether that is evidence enough that you are still injured and need further benefits. How Can a Workers’ Comp Lawyer Help Me Receive Additional Benefits? There are unique challenges involved in reopening a workers’ comp claim in South Carolina. For one, insurance companies diligently attempt to deny these requests since they are not in their own best interests. Secondly, judges are also hesitant to reopen a previously closed workers’ comp case unless medical records and any other evidence clearly show a reason to do so. An example of such a reason might be that the type of settlement amount or award appears unfair or inadequate under the particular circumstances. Also, much will depend on how much time has elapsed since the settlement or award. Longer timeframes can interfere with your ability to convince the judge that the worsening condition is indeed related to the original workplace injury and is not a new injury. A workers’ compensation lawyer can help you overcome all of these challenges and seek additional benefits through a reopened claim. Your legal representation will:     Compile the facts surrounding your injury and the worsening condition.     Thoroughly evaluate all facets of your case     Recommend what legal actions are appropriate to take in your particular circumstance.     If fitting, prove the employer or insurance company committed fraud.     Represent you before the employer, insurance companies, and judge.     Provide legal advice throughout the entire process from start to finish. With knowledge in practice areas of employment and workers’ compensation law, along with previous experience, your lawyer can offer you a fair chance to obtain deserved benefits. Raise Your Chance of Pay Out With HawkLaw In a recent survey, more than nine out of ten respondents with legal representation received an award or settlement in their personal injury case. Compare this to only half of those who chose to handle the process on their own. With legal representation, you can also walk away with a higher payout amount than those who choose to represent themselves. In fact, on average, legal representation can net you approximately three times more than if you handle your own claim, even after paying law firm attorney fees. An attorney can better negotiate a lump sum settlement agreement, file or fight against the employer or insurance company with a personal injury lawsuit, and represent you around every turn, helping you avoid aggravation and added stress. When you are hurt, it can be tough to focus on gathering evidence and making legal decisions for your future. You are focused on your health, and you might also be concerned about supporting yourself and your family. At HawkLaw, PA, we understand how tough it can be to prove your injuries have worsened. That is why we offer free consultations* for our clients. If you are hurt, and your South Carolina workers’ comp case needs to be reopened, we can get you started by discussing your options and what we can do to help you get your full workers’ comp benefits. To get started, call your South Carolina workers’ comp lawyer at 1-888-HAWK-LAW (429-5529). You can also fill out the following online contact form. ### Court for Car Accident? The fallout of an auto accident can be a lot to handle. You might have injuries to take care of and insurance claims to make. Car accidents bring many nuisances, and while you are recovering you might not want to deal with any of them. The idea of going to court might seem uniquely unpleasant. Sometimes court is unavoidable, though, especially if you are seeking fair compensation for your injuries. A car injury lawyer at HawkLaw, P.A. can advise you of your options, guide you through the legal process, and help you prepare your case for court.  What Are the Reasons You Would Have to go to Court Due to a Car Accident?  Most personal injury cases begin with an insurance claim. If you run out of personal injury protection (PIP) benefits, for example, you may need to assert a claim against the at-fault driver’s insurance company, or against your own insurance provider if the accident was a hit-and-run or the other driver is uninsured. Going to court is usually reserved for situations when you and your attorney cannot negotiate a settlement amount with the insurance company. Insurance Company Would Not Settle Insurance companies know many tricks to avoid paying fair settlements in car accident claims. Personal injury lawyers are familiar with these tricks, having encountered them many times. They know how to deal with them, and they know how to tell when further negotiations would not be worth the effort. That is the point when a personal injury lawsuit becomes necessary. At-Fault Driver Does Not Have Insurance South Carolina law requires drivers to carry a minimum amount of insurance coverage. A driver who fails to maintain the required coverage could face penalties, but that offers little comfort to someone that the driver injured in a motor vehicle accident. Car insurance policies must also include uninsured motorist coverage so accident victims may still be able to recover damages. You may be able to negotiate a settlement with your own insurance. If not, you still have the option of suing the at-fault driver. Recovering damages from someone who does not have auto insurance could be a challenge. An experienced car accident lawyer can advise you about the best way to proceed. Fault Cannot Be Agreed On South Carolina uses a system called “modified comparative negligence” to apportion fault among different parties involved in an accident. You may recover damages even if a jury finds that you were partly at fault, provided that your share of fault is less than 50%. The jury will reduce the amount of damages you may receive, as discussed in more detail further below. While you and your attorney are trying to negotiate an insurance settlement, admitting to a small portion of fault could help move the process along. It gives the insurance company a way to reduce the amount they must pay you, while still ensuring that you receive fair compensation. The insurance company, however, may want you to admit to more fault than you think is fair. If you cannot agree on this issue, you probably will not be able to agree on the amount of compensation you should receive. The courthouse may have to be your next stop. Can Someone Sue You Personally After a Car Accident in South Carolina? A person can file suit against you after a car accident, but you should keep several important points in mind. The first is that your car insurance company should cover your defense in most situations. South Carolina sets a three-year statute of limitations for car accident lawsuits. If a person intends to sue you for car accident injuries, they must do so no later than the third anniversary of the accident. Finally, the modified comparative negligence rule could reduce your liability if both you and the person suing you were at fault to some extent for the accident. Car accident cases are usually based on negligence. In order for someone who is suing you to establish that you were negligent, they must prove all four of these points: You owed them a duty of care. Drivers owe a general duty of care to drive safely and obey traffic laws. You breached your duty of care, such as by not paying attention to the road or running a red light. This breach caused their damages. They would have to prove, for example, that if you had not run the red light, the accident would not have occurred. They suffered damages because of the accident. Common damages include medical bills, lost wages, and property damage. The modified comparative negligence rule reduces a plaintiff’s damages by the percentage of fault that they shared in the accident. Suppose that a jury concludes that you were 60% at fault for the accident because you ran a red light, but the plaintiff was texting at the same time and was therefore 40% at fault. If the jury finds that the plaintiff has $50,000 in damages, it would reduce that award by 40%, for a final judgment of $30,000.   What Is the Difference Between an Injury Claim and an Injury Lawsuit in South Carolina? You have two options for going after a person who caused your injuries and damages in a car crash: an insurance claim and an injury lawsuit. Most people at least try to file an insurance claim first before taking a case to court. Insurance Claims An insurance claim is an informal process between you and an insurance company. You and your attorney submit evidence and a settlement demand to the at-fault party’s insurer. They should make a settlement offer after reviewing your case. If you are happy with the offer, you can accept it and be done. If not, a lawsuit would be the next step. Injury Lawsuit A personal injury lawsuit is a formal legal proceeding in a South Carolina civil court. You file a lawsuit, and the at-fault party turns it over to their insurance company. You can still settle the case if the negligent party’s insurer makes you a better offer than before, which is a common occurrence. If you do not settle, you must prepare to take the case to trial. This can be a lengthy process. Insurers often like to take it down to the buzzer before making a settlement offer, hoping you will cave first. Ultimately, very few personal injury lawsuits actually go all the way to trial. What Happens When You Go To Court for a Car Accident? When you file a car accident lawsuit, you will have many opportunities to settle the case while you prepare for trial. The trial preparation process can take months, if not longer. Your attorney will gather evidence and prepare arguments while possibly also fielding settlement offers. If the case goes to trial, it will follow several steps:  Reveal Evidence As the plaintiff, you have the burden of proving that the other driver was negligent by a “preponderance of evidence.” This means that you must show that it is more likely than not that the defendant meets the four elements of negligence described above. Evidence that can support your case may include: Police reports detailing what happened in the accident Photos and video of the accident scene Expert witness reports and testimony about the accident or your injuries Eyewitness testimony about the accident or the effect your injuries have had on your quality of life Medical records and other documentation showing the extent of your injuries You get to present your evidence first, but the defendant gets to have the last word. Jury Deliberates You can choose to have a judge or a jury decide your case. A skilled trial attorney knows how best to handle both kinds of trials. Once both sides have presented their evidence and rested their cases, the judge or jury will deliberate in order to reach a verdict. The issues they must decide are: Who was at fault for the accident, and in what proportions; and How much financial compensation, if any, to award to you. Verdict Once the jury has finished deliberating, the members will return to the courtroom to read their verdict. If a judge is deciding your case, the judge will pronounce their judgment in court. The verdict will include the determination of fault and the award of damages. How Are Settlements Paid Out After an SC Car Accident Lawsuit? If you reach a settlement agreement with an insurance company, you may be able to choose how you want to receive your share of the settlement: Lump sum: You receive a single payment from the insurance company. Structured settlement: You may choose instead to receive settlement payments over time, similar to an annuity. Why Should You Hire a Lawyer for a Car Accident Lawsuit? Obtaining fair compensation for car accident injuries in South Carolina can be a complicated and lengthy process. Many forces are arrayed against you, from an at-fault driver who might not accept responsibility to an insurance company that does not want to pay you a fair settlement. If you end up filing a lawsuit, you will have to follow strict procedures set by state law and local court rules. A single error can seriously affect your case and its chances of success. Legal advice from a skilled and experienced car accident lawyer can help you navigate these systems. They know how to negotiate with insurance companies. If they cannot reach an agreement, they can advocate for your rights in court. South Carolina personal injury attorneys know how to gather evidence for trial and how to prepare the best possible case for your specific circumstances. Get the Compensation You Deserve After Your Car Accident If you are concerned about whether you will have to go to court to assert your rights after a car accident, the personal injury lawyers at HawkLaw are here to help. Request a free consultation* today by calling 888-HAWKLAW or completing the online contact form. ### Car Insurance Understanding the specific insurance laws in each state can be complicated and confusing to drivers, both old and new. If you miss key components of that state's specific laws, you can risk serious costs when you are in an accident or even miss out on the chance to file for a claim after you've experienced bodily harm or had property damage in an accident. HawkLaw, P.A. understands the ins and outs of South Carolina insurance laws and will fight for you to get the most out of a claim or settlement. Our team is here to help you. Contact us now or call 888.HAWK.LAW for support. Liability Coverage South Carolina is an at-fault state. That is an important factor to keep in mind if you have been in an accident. In an at-fault state, the driver that causes the car accident is responsible for the damages caused to other parties. That means that if someone causes damage to your vehicle, that typically means their insurance covers the costs you've incurred. South Carolina residents are expected to prove they weren’t at fault and that the other driver was careless. As a result of this, South Carolina drivers are required to maintain liability insurance. Liability coverage provides protection for other drivers should the covered driver cause damage to their vehicle. In the state of South Carolina, a driver must carry:     $25,000 per accident in property damage     $$25,00 per person and $50,000 per accident in bodily injury coverage If you are injured by a person that has this coverage, the insurance company is likely to cover your claim if you can prove the driver caused the damage you have and the amount of damage you have. Usually, this means you’ll need to talk to a car accident attorney about your claim. They can make sure you have the evidence you need for your claim, especially if the insurance company refuses to settle with you or even tries to pin part of the blame on you. Other Types of Coverage There are other types of auto insurance that you should also know about, though these are not required under the law in most cases. Here is a look at some other types of coverage that a driver can get that go above the minimum mandated amount. Collision Insurance: Collision coverage protects a driver from incidents involving the vehicle striking another driver or object that the driver causes. For example, collision insurance may cover the damage to your car if you back up into a tree. However, if your vehicle sustains extensive damage and the repair costs exceed what’s called the threshold of the auto’s actual cash value, your insurer may determine to “total” the car instead of repairing it. When this happens, you will receive the actual cash value minus your deductible. The threshold in South Carolina is 75%. Comprehensive Insurance: Comprehensive coverage provides specific coverage for non-accident-related incidents that cause damage to your vehicle. The coverage pays out, for example, in the event of fire, flooding, theft, vandalism, or falling objects. This insurance coverage covers broken glass, often occurring when you experience damage to your car’s windshield. There are limitations here. For example, the car insurance coverage does not cover incidents resulting from poor maintenance and upkeep or damage you create to your own car on purpose. Gap Coverage: Gap coverage helps provide you with financial support in situations where your vehicle loan is worth more than the car. For example, if you just purchased your vehicle, its value is very high. That value drops a few months later because it is now a used car. If you total your car after that point, you may have a significant amount of debt on the loan that is well above the value of the car. Gap coverage helps to provide financial support for that loss. Medical Payment: Medical payments coverage provides a way to cover the medical bills for you and your passenger in your vehicle if they are hurt in a car accident. This type of insurance covers the cost no matter who caused the accident. Rental Car Reimbursement: Another type of coverage to consider is rental car reimbursement. If you damage your vehicle in a covered incident, the insurance providers will cover the cost of a rental car while yours is being repaired. There may be stipulations and limitations on what is covered. What Will Uninsured Motorist Insurance Coverage Cover in South Carolina? South Carolina requires individuals to maintain uninsured motorist coverage in the amount of $25,000 per person and $50,000 per accident. This type of insurance covers you if the driver of a vehicle that caused damage to your vehicle does not have insurance coverage. It may also provide coverage if you are hit by a hit-and-run motorist or a driver who does not have enough insurance coverage to meet the damage that you have on your vehicle. Underinsured motorist coverage may apply in this situation. The minimum liability coverage requirement is just that – the very least that a person needs to meet the state's laws. Often, this is not enough coverage, and it may be wise to increase the insurance policy coverage limits higher to minimize further risks. Insurance requirements may change over time. The uninsured motorist property damage coverage in South Carolina covers physical damage to your insured vehicle, which may fall under collision or comprehensive coverage. Also available in South Carolina is uninsured motorist bodily liability coverage, which provides payments for the following: Medical bills for those injuries occurring as a result of an accident Loss of income Treatment for mental and emotional issues resulting from the accident Funeral costs What Does Underinsured Motorist Insurance Cover in South Carolina? Uninsured driver insurance in South Carolina can cover medical costs, lost wages, funeral costs, and the treatment for emotional and mental issues that are a direct result of the accident. In particular, underinsured motorist bodily injury (UMBI) liability coverage protects you and your passengers if you are in a crash and the at-fault driver of the other motor vehicle does not have high enough insurance coverage limits to cover your full expenses. While you are not required by law to carry underinsured coverage and will need to sign a waiver containing a disclaimer, the benefits for doing so are numerous. Can You Stack Your Underinsured (UIM) Coverage? Once you exhaust your initial auto insurance policy coverage, you can stack the underinsured UIM coverage as long as one of the covered vehicles is involved in the accident. Stacking is the process of combining the underinsured coverage you have for all your cars or trucks and becoming fully compensated for damages when you suffer serious personal injury in a vehicle accident caused by the other driver’s negligence. For example, in South Carolina, the state minimum for bodily injury is $25,000. If you have a $25,000 uninsured coverage policy for each of your two vehicles, you can stack that coverage if needed to cover expenses. This stacking provides you with $50,000 plus the amount from the at-fault driver’s policy limits. Do You Need Uninsured Motorist Coverage If You Have Health Insurance? A common question often involves whether someone in South Carolina needs uninsured driver coverage if they already have health insurance. Not only is it highly recommended to have this coverage in addition to your health insurance, but it is also required. In South Carolina, you must purchase uninsured and liability insurance as a driver. In addition to uninsured motorist coverage being a legal requirement, it can be highly beneficial to help you meet expenses for not just you but your passengers also. Health insurance covers only your personal injuries and medical expenses and does not cover other damages such as destruction of property or injury to others. With uninsured motorist coverage, protection is extended to your passengers and also covers damaged property. Without it, you will need to meet all health insurance deductibles, co-pays, and requirements. Any injured passengers will need to seek help under their own health policies as well. Also, any damages to your vehicle, lost wages, or funeral expenses will be your responsibility. Consequences of Driving Uninsured South Carolina car insurance laws are very clear on what is required to maintain a driver’s license in the state. Driving without insurance is dangerous for many reasons. What may happen if you are found to be driving without proof of insurance? Fines and Jail Time: Depending on what occurs, you may have to pay a fine related to your lack of coverage. Fines may range widely. For a first offense, a driver may pay a fee of $550, a fine of up to $200, and $5 per day for the lapse in required coverage. If it happens more than once, you could have your driver’s license suspended for a set number of months or years, depending on the number of offenses. In addition, there is a maximum jail sentence of 30 days. Your Coverage Is Limited: In some situations, you may struggle with your own financial responsibility if you are in an accident that someone else causes and do not have coverage. Without uninsured motorist coverage, you'll have to pay out-of-pocket for those costs in some cases. Insurance Prices Insurance premiums are the cost of purchasing insurance. Costs range widely based on the vehicle, the person's specific risk factors, and many other factors. Even where you live and how much you drive factors into this. Generally, full coverage auto insurance in South Carolina may range from $1300 to $1800 per year. There may be other options that are lower. Keep in mind that additional coverage may add to this. Also, auto insurance rates may also be impacted if you have points on your DMV license due to a poor driving record. The Insurance Settlement Process Car insurance companies recognize that you need to use your auto insurance policy to help you when an auto accident occurs. Yet, it is not always that simple. If you are hit by an uninsured driver and suffer significant damage, your South Carolina auto insurance may help you cover those losses up to the policy limits you have. That may mean you do not have enough coverage for the loss. The process involves the following steps, in most cases. You file a police report to document the incident. The police determine who the fault driver is. In a hit-and-run incident, the police document this as well. You file a claim with an insurance agent. The insurance claim outlines what happened. It typically involves reviewing auto insurance coverage to see what type of protection you have. The insurance adjuster then determines if your coverage covers the accident based on things like who is at fault, the amount and type of physical damage, and policy limits. Your policy then pays you for those losses. If another driver causes the accident, the insurance company will request an insurance claim from you. The same process follows. However, under South Carolina law, you must prove that the other driver caused the damages. Additionally, the insurance adjuster is likely to work hard to try to minimize how much you can get for the damages. If they refuse to settle for a fair amount, or if they deny your claim, your car accident lawyer can help you take your car accident claim to court. How HawkLaw Can Help Whether or not you have minimum coverage and a liability policy, insurance companies want to work to reduce what they have to pay to you after an accident. Even if you meet the car insurance requirements, they may look for ways to reduce what is paid out. That is why it is best to work with our team at HawkLaw. We have the industry knowledge and experience to help you through these accidents. We have a record of high settlements and local knowledge to support you through this process of getting help. Accidents are dangerous and frightening, but having the right team on your side can help protect your right to compensation. Contact HawkLaw by calling 888.HAWK.LAW or using our contact page today to learn more about how we can help you after a car accident. ### Demand Letter There are a few variables that can affect the amount of time a settlement takes after a demand letter is sent. Once the demand letter has been sent and the claim has been received by the defending party, settlement can take anywhere from a few weeks, to several months. When you’ve suffered an injury in South Carolina, you may have found out quickly how difficult it can be to get the full settlement you need from the insurance company. You may have even received a settlement offer that was too low, and now you’re waiting on an answer for the demand letter you sent in return. Waiting for a response can be stressful, and now you’re asking, “How long after a demand letter does a settlement take?” That time can vary, since there are many factors that will affect your claim. Retaining a personal injury lawyer can be highly effective in moving this entire process forward. Fortunately, your attorney from HawkLaw, PA can review your demand letter and help you get your settlement underway. Demand Letter Timeline What happens after my demand letter is sent? The timeline after sending a demand letter can be a stressful one, especially when you're waiting on settlement. After You Send Your Letter Once you’ve written your demand letter and sent it on to the insurance company, the response time may vary. Typically, you can expect an answer within a few weeks. However, sometimes this process can take as long as a few months. Unfortunately, it can be difficult to determine exactly how long it will take the insurance company to determine your settlement’s worth and respond to your demand letter. However, your lawyer can determine what factors could be slowing down progress and keeping your response from arriving. Factors That Could Delay Your Answer When determining what’s holding up your demand letter response, keep in mind that there may not be a problem with your letter at all. Instead, the problem may lie with the insurance adjuster. They may be dealing with many cases at once, and that sometimes means that you won’t get as speedy a response for your questions and your letter. However, keep in mind that those aren’t the only factors that could affect your claim. In other cases, the insurance adjuster may be spending more time reviewing your case and your evidence. They’re expected to act with care and fill out all proper forms on your losses. When your insurer fails to act with your best interests in mind, or even tries to slow or refuse your claim for financial reasons, they may be acting in bad faith. They may be trying to make you feel that you have little option but to take whatever offer they eventually give you. If you suspect that this may be the case, reach out to your attorney for help with your claim. How A Lawyer Can Speed Up Settlement After A Demand Letter is Sent Even if you know how much your claim is really worth, there’s a chance that your insurance company may be causing you problems. In advanced cases, especially in those where you may be seeking compensation from an auto accident, retaining an attorney can help the process dramatically. You may not know how long after a demand letter a settlement can take, so you’ll need guidance from an attorney who can help you seek answers.  If you’re waiting on a demand letter response and you’re concerned about your claim, reach out to the attorneys at HawkLaw, PA. We understand that it can be tough to get your full settlement, so you may need help settling your claim. Ready to fight back when you’re worried about your demand letter? Reach out for help from our lawyers. 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Serving South Carolina Free Consultation* Practice Areas Watch Video HawkLaw Fights to Get You the Money You Deserve! Serving South Carolina Our mission is to always do Right By You and work for the settlement you deserve. You take care of you; we’ll take care of the rest. 7,500 Cases Handled $200 Million Recovered* 500+ Five Star Reviews american association for justice - light sc association for justice - light Free Consultation* Results $3,000,000* Trucking Accident $1,005,000* Car Accident $575,000* Personal Injury See More Results Hawklaw Fights To Win Our mission is to always do right by you and work for the settlement you deserve. You take care of you; we’ll take care of the rest. Not a client, this is a paid endorsement. Past results do not guarantee future results. 7,500 Cases Handled | $200 Million Recovered* | 500+ Five Star Reviews Practice Areas 25 Years of Fighting for People Like You All Practice Areas Latest from Our Blog Excerpt: Ut mel delectus apeirian persequeris, mei eu purto oblique qualisque. Dicta constituto comprehensam ut vel, quo ea brute primis theophrastus. Quo an duis invenire necessitatibus, sea vidit munere ad, te eam facilisi laboramus. ### Blog ### Testimonials Client Reviews HawkLaw Fights to Get You the Money You Deserve! Free Consultation* Free Consultation* Home *The clients who made the above statements were actual clients. They were not paid to make the above statements and made them with the knowledge that they would be used as testimonials. ### Results South Carolina HawkLaw Fights to Get You the Money You Deserve! Free Consultation* Free Consultation* Home These referenced case results are only examples of past results. Every case is unique, and, by merely posting past results, HawkLaw does not suggest that the results in your case will be similar to those in any of the referenced cases. *Disclaimer: Cases are principally handled out of Greenville, Spartanburg, Charleston, and Columbia offices. Case “worth” is determined from the total settlement amount. The settlement amount shown are gross numbers before attorney’s fees and cost deductions. The % fees will be computed before deducting expenses and costs from the gross settlement. No fees or costs with no recovery. The information contained in this Website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. The specific results achieved for clients shared on this website do not imply that similar results may be achieved for other clients. READ FULL DISCLAIMER ### Workers' Comp Rights After a work accident, you might be concerned about what to do next. You’re worried about your bills, and now you and your family don’t have the wages you relied on. You’ll need to seek out a workers comp claim, but what are your South Carolina workers' comp rights? Fortunately, South Carolina workers do have several rights when it comes to their compensation. If you’re concerned about yours, speak with a lawyer from HawkLaw, PA. For more information call 888.HAWK.LAW or use our contact page today. What Happens After a Workplace Injury in South Carolina? Workers in South Carolina are required to report any workplace injury to their employer within 90 days of the event. The employer then files a report with the Workers’ Compensation Commission. The injured worker is also required to file their own claim within two years of the accident. In an ideal world, your employer would report your injury to the workers’ compensation insurance company, and the company would simply agree with your claim regarding the workplace injury you suffered. They would then agree to pay out a workers’ comp settlement that pays all of your medical expenses, disability, lost wages, and other allowable damages. Unfortunately, we do not live in an ideal world, and the workers’ compensation system can often seem stacked against you. If you find yourself in a position where you have to fight for the workers’ comp settlement you deserve, the workers’ compensation lawyers at HawkLaw are here to help. Give us a call at 888-HAWKLAW or use our easy online form to schedule a free consultation* with our law firm today. Eligibility for a South Carolina Workers' Comp Claim Whether you are an independent contractor or an employee matters for your South Carolina workers' comp claim. Your chances for compensation could be affected by how your employer labels you. You may need to reach out to an attorney about your claim if your employer is not calling you a traditional employee. If you’re an employee, you typically do not have to worry about your workers' compensation. Almost all South Carolina workers are eligible for workers' comp benefits, with few exceptions. For most employees, that means you’ll just have to file a claim for your losses. Your Right to Coverage First, you’ll need to know whether you have a right to workers' comp coverage. Although workers' comp benefits are offered to almost all employees in South Carolina, some workers may not be eligible to file for a workers' comp claim. Who is Eligible for Workers' Comp Fortunately, most South Carolina workers are covered by their workers' comp insurance. If an employer hires four or more employees, they’re typically required to carry this compensation. However, there are exceptions to this rule. For example, employers are not required to cover independent contractors, and casual employees might find themselves without workers' comp. If you are one of the following types of employees, you may need to speak to your attorney about your options for compensation: Agricultural workers Some textile workers Railway company employees Certain real estate agents Members of LLC companies However, other groups might have other options. For example, federal workers may not be able to file for South Carolina workers' comp while working in the state. However, they may be able to file for federal coverage. If you’re not sure whether you are covered, you may need to speak to your workers' comp lawyer. They can help you determine whether you should be covered and whether your employer is offering the required coverage. Your Right to Compensation When you are injured at work, you more than likely have a right to workers' compensation benefits. Few workers who work for a company of more than four people do not have these benefits. As such, you should be able to seek compensation from your employer. You need to report your injury to your employer within ninety days or you may be unable to receive benefits for your work injury. You might be unable to file right away, due to the accident, but you’ll be expected to act as soon as possible. All reasonable care related to your recovery should be covered under your workers' comp benefits. You may also receive compensation through disability benefits. This benefit pays out a certain percentage of your wages, depending on the type of injury and the length of time you will be unable to work. Your disability benefits should provide you with a percentage of the weekly wages you originally earned to help you meet your living expenses. I believe I was responsible for my work accident. Will it affect my work comp claim? Fortunately, South Carolina workers do not have to worry if they were partly responsible for the accident. Workers' comp is a no-fault system in SC, so your fault should not factor into your claim at all. You should be covered regardless. The only exceptions to this rule are attempts to harm yourself or the abuse of drugs or alcohol. These incidents will be treated differently because of the gross negligence involved. If your employer has accused you of either of these things, speak to your lawyer about defending yourself. Rights after a Denial and Appeal When you were injured, you should have gotten medical care first. After that, you should have sent a report to your employer about your accident, stating that you were injured and that you are now seeking compensation. Unfortunately, even if you are covered by your employer and everything else goes smoothly, you could still be denied. That leaves you and your family without compensation. That does not mean you’re out of options. If you have been denied and you are not sure what to do, a call to your attorney can help. You might have already received a denial letter, but don’t panic. As a worker, you have a right to defend your claim in a hearing if your employer continues to refuse your claim. South Carolina workers can continue fighting back by scheduling a hearing and seeking a change in the decision. First speak to your employer informally, but if you cannot reach an agreement, you can file a formal appeal with the Worker’s Compensation Commission. Your South Carolina attorney can fight back for you if your workers' comp claim has been denied. You may need help gathering evidence, building a defense, and defending yourself during your hearing. The reason for your initial denial will help you in this process. If you know why they refused your claim, you can take certain actions to try to change the decision. For example, if they claim your situation does not meet the definition of an injury, you need to have more exams to prove that this is not true. During your hearing, you will present evidence against your denial. You might have been denied for a lack of evidence of injury or a lack of proof that your accident happened at work, or your employer might have simply not reported your injury. In any of these cases, your attorney can present further evidence that you are owed benefits and help you get your settlement approved. Workers' Compensation Options for Independent Contractors An independent contractor, however, may not be eligible. These workers are employed by contract and are not direct employees of the business. Instead, they work as agreed on by their contract using their own methods, tools, and processes. Because contractors aren’t considered full employees, they may not be eligible for workers' comp. However, just because your boss is calling you an independent contractor does not mean that you have to accept that answer. Instead, you may have options to act and get your workers' comp if you believe they are making a mistake. In some cases, an employer may call an employee an independent contractor to avoid a work comp claim. A successful workers' compensation claim could affect the insurance premiums they pay, which means they may have to pay more for insurance if you are hurt. However, you will have a chance to fight back. There are a few parts of the independent contractor definition that could be key to your claim. Keep in mind, for example, that an employee will have an employer-employee relationship. That means that the worker is subject to following the employer’s methods, not their own. These steps and others can help your lawyer get your claim changed. You Can Protect Your Rights with an Attorney Dealing with the pain and expenses of a work-related injury can be stressful. Fortunately, you do have rights as a South Carolina worker, and your lawyer from HawkLaw, PA will fight for those workers' comp rights. If you’re uncertain that your South Carolina workers' compensation rights are being respected, reach out for help. An attorney can help you understand your rights, and we will fight for those rights if they are not being met. If you are concerned about your rights, reach out for a free consultation*, where we will discuss your work comp benefits and what you can expect. Struggling with your work compensation? Seek out a South Carolina work comp attorney by calling 1-888-HAWK-LAW (429-5529) or by completing the following online form. ### Can't Afford an Attorney? When you’re hurt by someone else’s actions, you may have already thought about taking them to court and about seeking out the funds you’ve lost because they were too careless. Then, of course, you may have stopped and asked yourself, “Sure, that would be great, but what if I can’t afford an attorney?” Many people believe lawyers are for high-income people, but that’s not always the case. If you’ve suffered a personal injury because of another person, the lawyers at HawkLaw, PA can talk to you about what your claim may cost—and what size of settlement you can expect. What Are Contingency Fees? First, personal injury lawyers typically don’t work by the hour. Our South Carolina personal injury lawyers at HawkLaw, PA work on contingency fees. Contingency fees mean you and your lawyer will decide on a percentage of your compensation that will go to your attorney. If you win your claim, you’ll give your lawyer that amount of the compensation. That means your fee is contingent on you winning. If you don’t win your lawsuit, you don’t have to pay for the services your South Carolina injury lawyer provided. In most contingency fee cases, you don’t have to pay anything up front because your lawyer will also advance the costs of litigation, including filing fees, deposition costs, and other necessary expenses.  Under most circumstances, repayment of costs is also contingent on you winning your case. Getting Your Full Compensation Contingency fees make it easier for the average person to get the legal aid they need when they’re hurt. Anyone can suffer through a car accident, and anyone can be rejected by their insurance company. Working with a lawyer on a contingency fee basis means you can put more focus on getting the maximum compensation for your losses, rather than focusing on whether you’ll be able to get compensated at all. Your lawyer can help you seek the full compensation you’re entitled to. For example, if you broke a leg in a South Carolina slip-and-fall accident, you may find yourself dealing with high medical bills and several weeks without pay, if you’re unable to work. Your personal injury lawyer can help you seek out compensation for these losses, or damages. They can also help you fight for your non-economic damages. A broken bone, for example, can be extremely painful, and that can affect your quality of life. Your lawyer can help you determine what those losses are worth with legal tools and resources that might not be readily available to you without a lawyer. Talk It Over with a South Carolina Injury Attorney When you’re hurt in a serious accident, you may have concerns about your claim. Many people are afraid they can’t afford an attorney, for example. If you’re worried, your South Carolina personal injury attorney can set your mind at ease. Your lawyer can answer your questions about what your claim will cost you with a free consultation.* Here, you can discuss your claim before you decide to file. The personal injury lawyers at HawkLaw, PA are ready to help, starting with your free consultation.* When you’re ready to discuss your claim, call 1-888-HAWK-LAW (429-5529) or fill out the online contact form below. ### Hit by a Car on My Bike You may have had a great time rolling around on the many nature trails, city sights, and other popular bicycling destinations around South Carolina. There’s just one problem—not everyone is so careful and safe to ride around. You may have been hit by a car on your bike—can you sue? If you have any questions about your lawsuit, you may need a bicycle accident lawyer from HawkLaw, PA. We can help you seek compensation for your losses. Who’s at Fault for a SC Bicycle Accident? When you’re hurt because someone else hit your bike, you may be concerned about identifying the at-fault party. You were struck by a moving vehicle you may not have seen, or you hit your head and you simply don’t remember who hit you. Typically, determining who’s at fault depends on who caused your accident. But there are details that can change that. For example, you may have been hit by a delivery driver who was on the clock at the time. In those cases, their employers may be at fault for their actions. Make sure you talk to your South Carolina bike accident attorney before you file against someone else. Compensation after Being Hit by a Car When you’re hit by a car while on your bike, you may be entitled to compensation that covers all your losses, not just a portion of them. That compensation should include financial and non-financial losses caused by the bicycle accident. These losses, also called damages, can be hard to determine. For example, you may have receipts for your medical bills, but what about your future expenses? You know you’ve been in severe pain, but how does that translate to compensation for non-economic damages? If you’re not sure what your bicycle accident lawsuit is worth, talking to a South Carolina bicycle accident lawyer can help. We understand how confusing your claim can be, so we’re here to help you make the right decisions about your claim. Call a Lawyer about Your South Carolina Bicycle Accident When you’re injured by a careless driver, you may be concerned about your legal options. Sure, you got hit by a car on your bike, but can you sue? That question stalls a lot of bicycle accident lawsuits for people who need them. Here’s the good news—you may be eligible for compensation that covers your losses caused by the bicycle accident. You and your lawyer from HawkLaw, PA can build a lawsuit against the at-fault person, starting with a free consultation* and possibly ending with compensation. When you’re ready to seek compensation, call 1-888-HAWK-LAW (429-5529) or complete the online contact form. ### Occupational Diseases When you’re hurt on the job, you may have been hurt in a single big event that left you in severe pain and a speedy trip to the hospital. Illnesses, however, aren’t so easy to get answers about. You may have gotten seriously ill at work, but does SC workers comp cover occupational diseases? If you’re not sure whether you’re covered, reach out to a lawyer at HawkLaw, PA. Your attorney can help you determine your claim’s worth and ensure you’re fairly compensated. Covering Illnesses Through SC Workers Comp Some of us are exposed to disease because of our jobs that other people are not. That doesn’t mean illnesses like the flu—anyone can catch the flu, especially if you work with customers on a daily basis. Workers comp benefits instead cover illnesses you’re exposed to specifically because of your job. For example, a miner may be exposed to coal dust and asbestos, which could develop into diseases like mesothelioma and black lung disease. Doctors are exposed to biohazards like needles, so they may be at risk for contracting HIV and other diseases passed through blood or bodily fluids. These conditions are generally covered by your workers comp benefits. Because you wouldn’t have been exposed to these conditions due to your job, your SC workers comp lawyer can help you fight for compensation for these illnesses. They can make sure you get the care you need in these cases. Getting Fairly Compensated When you’re sick because of a work-related illness, your employer should act now to ensure you get compensated fairly for your losses. However, you may have some trouble getting the compensation you’re due for your illness. Your workers comp provider may not be so willing to fairly compensate you for your losses. You may have already filed a claim for your workers comp insurance, but now, you’ve been denied the insurance coverage you needed for your losses. Fortunately, you have a chance to fight back. Your workers comp attorney can guide you through a formal hearing with the South Carolina Workers' Compensation Board. It’s not easy seeking compensation alone, especially when you’re sick, so we’re ready to help you prove you were ill because of your job. Discuss Your Claim with a SC Workers Comp Lawyer When you’re hurt on the job, it’s already hard enough to get compensated for your injuries. If you’ve gotten sick because of your job, you may have a tough time proving your illness is directly related to your job. But, that doesn’t mean you don’t have a chance to fight back. If you’re struggling to get compensated after a work illness, you may need help from the lawyers at HawkLaw, PA. Your SC workers comp should cover occupational diseases, but that doesn’t mean they’re willing to pay. Luckily, we offer free consultations for those struggling with their work-related illnesses. All you have to do is give us a call at 1-888-HAWK-LAW (429-5529) or fill out the online contact form below. ### Minor Car Accident When you’re involved in a car accident, the damage may not seem so bad. You’re a little banged up, and your car needs repairs, but the damage is minimal. Now you’re wondering whether it’s worth the hassle to hire a lawyer for a minor car accident in SC?  At HawkLaw, PA, we’ve seen how a minor car crash can turn into a big deal quickly. If you’re unsure about hiring a South Carolina car accident lawyer for your claim, reach out to our attorneys about your options for compensation.  Minor Car Accidents Can Be Expensive You might be thinking that your accident wasn’t that costly, so you don’t really need to hire a lawyer. That’s not typically the case.  Even in a minor car crash, expenses can pile up fast. You could be dealing with more expenses and repairs that you didn’t expect from the accident. You may also have more medical bills than you’d expect from minor injuries. Even if you feel fine at first, you may have suffered a delayed injury such as whiplash or a concussion, both of which can be costly to treat. You may need physical therapy, time off work, and treatment beyond what you planned for. You don’t want to be left paying out of your pocket for those losses, so getting a lawyer now may be your best option to recover from your injuries.  You Could Be Blamed When you’re injured in a car accident, no matter how minor, the last thing you want to do is pay for it yourself. The problem is, that’s exactly what the liable party is fighting for.  If you’re involved in a car crash, there’s a chance you aren’t completely without fault in the claim. You may have admitted to being drowsy or fiddling with the radio when the wreck occurred. Unfortunately, letting the liable party pin that blame on you could hurt your chances to get compensated.  If you’ve been accused of partial or complete fault for the accident, your compensation could be reduced by that amount or dismissed completely. Because of this, it’s often best to have a lawyer on your side to speak on your behalf and ensure you don’t inadvertently accept blame.  Contact a SC Lawyer After a Minor Car Accident Sometimes, an auto accident may not seem like a big deal. You’re probably thinking that your insurance company should cover it, or that you can just pay for it yourself and avoid a long, expensive legal claim. However, that legal claim may be easier for you to cover than the car accident expenses.  Instead of accepting the penalties you could face and paying for the accident, hire a lawyer for a minor car accident in SC. At HawkLaw, PA, we understand just how expensive these claims can get, and we can help you get compensated when you’re struggling with a car accident claim that you didn’t cause.  Get started today with a free consultation, during which we can discuss the losses you’ve suffered and help you obtain the funds you need. Give us a call at 1-888-HAWK-LAW (429-5529) or complete the following online contact form to get started. ### Repetitive Stress Injury In some cases, a work injury is easy to spot. You fell, were hit by something, or were hurt by a malfunctioning machine. In these cases, proving you were injured and getting South Carolina work comp benefits isn’t too tough. Unfortunately, it’s not so easy to get South Carolina work comp benefits for a repetitive stress injury. Your employer may not be so willing to pay for your injuries, and you might even struggle to get workers comp benefits for your losses. If you’re struggling to get your benefits, reach out for a workers comp lawyer. We can help you get the benefits you need for your injuries. Acting within Workers Comp Time Limits One of the first difficulties you might have with your workers comp injuries are the time limits. Typically, in South Carolina, you must notify your employer of the injury within ninety days of the accident. However, there may not have been a specific injury date in your case, since repetitive motion injuries happen over time. These injuries often come from repeating the same motion until the muscle, tendons or ligaments are damaged. Cooks often suffer these, since they spend much of their time chopping food, as well as those who repeatedly lift, push, or move things for their job. Carpal tunnel syndrome is a common example. These injuries mean that you’ll need to act as soon as you could reasonably have known about the injury, and you’ll still have ninety days. Because of this, you’ll need to act now if you suspect you may have suffered your injury because of work. Proving Your Work-Related Repetitive Stress Injury Another issue that could keep you from the workers comp benefits you need is the trouble you might have proving that your injuries were work-related. Many of us do things that could also count as a repetitive motion injury, like lifting our children, typing messages, or even heavy exercises. Because of this, your employer may deny your claim on the grounds that they don’t know if your injuries happened because of your job. If you’re denied your workers comp benefits for a stress injury, a South Carolina workers comp lawyer can help you dispute the decision. Further testing from your doctor can prove that your injuries were caused by your job, so reach out for help if you’re struggling to prove your injury happened at work. Defend Your Compensation with a South Carolina Work Comp Lawyer Dealing with a repetitive stress injury can be tough. These injuries can be complicated when it comes to treatment, and worse, treatment can be expensive. When you’re already dealing with your injuries, it can be tough to deal with a denial for your workers comp benefits, too. If you’re struggling to get South Carolina work comp benefits for a repetitive stress injury, you may need help from the lawyers at HawkLaw, PA. We understand that it can be tough to recover from these losses, especially if your employer isn’t on your side. Reach out for a free consultation* if you’re struggling with your claim by calling 1-888-HAWK-LAW (429-5529) or by completing the online form below. ### Motorcycle Accident FAQ When you’re hurt in a South Carolina motorcycle accident, recovering from your injuries is tough. You might have suffered devastating losses, and you’re struggling to get the answers you need for a recovery. You may not know where to turn, which adds stress to your serious losses. At HawkLaw, PA, we understand that you’re in a difficult, confusing situation. Luckily, you can get started with our South Carolina motorcycle accident FAQ before digging into your unique, personal questions. That can give you the answers you need before you file your accident claim. What if I wasn't wearing a helmet? While not all riders over twenty-one are required to wear a helmet, your not wearing a helmet at the time of the accident could hurt your injury claim if you don't have help. They may claim you weren't doing all you could to avoid injury. Because of that, discuss your helmet use with your motorcycle crash attorney before you file a claim. I think I was partly at fault for the motorcycle accident. Can I still sue? You can sue for your injuries even if you believe you were partly at fault for the motorcycle crash. However, it's usually best not to take the blame. Accepting responsibility for the accident could reduce the compensation you receive. Because of that, it's best to defend your South Carolina claim by avoiding taking the blame when possible. Can I sue if I lost a loved one in a motorcycle accident? Losing a loved one is one of the most painful experiences any of us can go through. Worse, you lost them through a sudden, deadly accident. Your lawyer can help you file a wrongful death lawsuit in South Carolina if you believe another party was at fault for your loved one’s death. How long with a motorcycle accident claim take in South Carolina? The length of your South Carolina claim often depends on how willing the responsible party is to compensate you. A claim could be as short as a few weeks, but if they fight back, it could take a few months or longer to get your funds. Fortunately, your motorcycle accident lawyer will be with you for every step of the process. The insurance company isn't responding. What can I do? While insurance companies may be your first resort after a motorcycle crash, they may not be so willing to help. Instead, you may need to file a lawsuit for your compensation, especially if the insurance company is acting in bad faith. Your South Carolina attorney can help you determine who’s financially responsible for your injuries and who to seek compensation from. Seek Answers with a South Carolina Motorcycle Crash Lawyer When you’re injured and seeking compensation after a bike wreck, it can feel like you have more questions than answers through the process. You’re suffering, and while a South Carolina motorcycle accident FAQ can help, you might have specific, unique questions for your claim. At HawkLaw, PA, we understand that a motorcycle crash can leave you struggling to get compensation and also focus on your recovery. That’s why we offer free consultations*—that way, you can get the answers you need before you decide to work with our lawyers in South Carolina. To get the answers you need, reach out for your free consultation.* Give us a call at 1-888-HAWK-LAW (429-5529), or fill out the online form below. ### Personal Injury Claim When you're hurt in an accident, it can get expensive quickly. You're struggling with a lot of losses, all of which do add up over time. Unfortunately, if you're not aware of just how expensive those losses can be, it's easy to accept a smaller settlement than what you're truly due. In these cases, a lawyer from HawkLaw, PA may be able to help. We understand how difficult your personal injury claim can be, and we may be able to help you get the full compensation you're eligible for in South Carolina. Your Financial Costs after an Accident When you’re injured in an accident, the expenses can get out of hand fast, which is why it is important to seek out the full financial compensation you deserve for your claim. This compensation should include any funds you need for your recovery, added up to cover your needs now and in the future. For example, you may need compensation that covers the costs of your hospital bills. However, your losses aren’t always easy to calculate. For example, let’s say you’re scheduled for a future surgery, but you’re not getting the surgery for another year. When it happens, though, you’ll need compensation for your medical care, rehabilitation, lost wages, and other financial losses. Your lawsuit should cover those losses. If you’re concerned about estimating the costs of your current and future expenses, you may need to reach out and speak to your personal injury attorney. An experienced personal injury lawyer can help you track all your financial losses or Economic Damages. Examples of Economic Damages Current and future medical costs Lost income Household services Accommodations for your home Property damage Pain and Suffering Damages in an Injury Claim Your financial losses from this accident aren’t the only damages you might face. Instead, you may also have intangible losses. While these losses don’t directly cost you financially, they can affect your mental and emotional health in serious, negative ways. The damages for your intangible losses like pain and suffering can be difficult to understand. Calculating these damages requires special resources to find their worth, which is based on the severity of your suffering and the impact on your life. For example, if your suffering is affecting your career and your daily life, you may receive a higher amount for your pain and suffering. Contact a South Carolina Attorney about Your Claim's Worth Dealing with a major injury is rarely easy. You’re struggling with major losses that can affect your health, your career, and your family. Those losses should be considered and should be compensated by the responsible party. Fortunately, you can seek out the total amount of your compensation you're eligible for because of that injury. However, it's not always an easy process, which is why you may need the help of a lawyer from HawkLaw, PA. Your attorney can review your injuries, starting with a free consultation,* and discuss what your claim could be worth if you pursue a South Carolina lawsuit. If you’re considering suing, you South Carolina personal injury can give you the guidance your claim needs if you’re not sure how much your South Carolina personal injury claim is worth. To get started, give us a call at 1-888-HAWK-LAW (429-5529) or complete the following online contact form. ### Personal Injury Settlement When you’re hurt, it can take time, money, and energy to recover. If you are involved in a South Carolina accident, however, you might not be so sure that it automatically means you quality for compensation. A lawyer from HawkLaw can help you review the details of your case to determine if you have a viable claim. We are prepared to help you in settlement negotiations and, if needed, in court. We can also help you calculate your personal injury settlement in South Carolina. You do should not receive a settlement that is less than what you are owed for your damages and losses. Adding Up Your Damages after an Injury To calculate your claim, you need to add up all your losses. This can include financial losses, such as medical expenses, lost wages, and property damage. Don’t forget to include future losses in your calculation. To calculate your non-economic damages, you should factor in your pain, mental suffering, and any effects your injuries and the accident have caused in your life. A South Carolina injury attorney can assist you in this step. When Does an Injury Qualify for a Settlement in South Carolina? Determining whether you quality for a settlement is tough. You might not have been seriously injured, or you might not be sure who is responsible for your losses. Fortunately, your lawyer can help. The answer depends on your unique claim, which is where a lawyer from HawkLaw, PA can help. We know that you are facing complex injuries and losses, and we know how confusing this can be. That’s why we offer free consultations.* That way, you know whether you might qualify for a settlement before you begin. When the Accident Was Someone Else's Fault After you have suffered injury in an accident not of your making, you have the right to file an insurance claim or lawsuit against the person responsible for your injuries. No matter what kind of accident you were hurt in, the at-fault party can be held liable. In many cases, accident victims decide to file an insurance injury claim with the negligent party’s insurer, as opposed to taking the at-fault party to court. When You Suffer Financially When you’re hurt, chances are good that you need to head to the hospital as soon as possible. Even something that seems small, such as a slip-and-fall accident in a store, can leave you with an injured back or even a concussion. More serious situations, such as a car accident, could leave you in pain and dealing with treatment for years. If you need medical care to any degree, however, you shouldn’t have to pay for it. Hospital bills can be expensive, even if you have insurance. If you racked up some bills from the ambulance ride or the ongoing treatment, you may be entitled to compensation. When You Suffer Emotionally If you’re hurt in an accident, chances are good that you suffered some severe injuries and losses. You might have been traumatized after a dog bit you, for example, or you’re now anxious on the road after someone hit your motorcycle. If you’ve been hurt because someone else was careless, you’ll need to take action to get compensated for your damages. That means getting both your economic and non-economic losses covered. For example, you might have suffered some damage to your car, which you shouldn’t have to repair. You might also struggle with pain after the crash. Even if your medical care wasn’t expensive, your pain can affect your quality of life and should be compensated. Because you’ve possibly suffered severe losses, it’s important to act now and get compensation for your injuries. Understanding How Modified Comparative Negligence Works in South Carolina An important point to address is that South Carolina compares the negligence of all parties involved in an accident and uses that comparison to decide if you’re owed damages. For instance, if you and one other party were in a vehicle collision and you held a percentage of blame for the accident, your damages will be reduced by how much fault is attributed to your actions. In South Carolina, as long as you weren’t more than 50 percent to blame for the accident, then you can still go after the other party for damages. If you were somewhat at fault for the accident that hurt you, you will need to keep this in mind when calculating your claim’s value.  Read more about comparitive negligence here. Connect with a Personal Injury Attorney in South Carolina Hopefully this information has helped you to better understand how to calculate a personal injury settlement in South Carolina. For additional information regarding filing a claim or lawsuit, contact HawkLaw, PA at 1-888-HAWK-LAW (429-5529). You can also send in the online form below. ### Delayed Injury After a serious work accident, you might be surprised to find that you feel all right. You may have thought you walked away from the accident without a scratch. At least, you may have thought so until you began experiencing severe pain or symptoms later. Not every injury appears right away. Now you might be left asking, “Can I get South Carolina workers comp for a delayed injury?” While your injury may still be covered, you’ll need to protect your claim and ensure you get the full benefits you deserve. A lawyer from HawkLaw, PA can help you act now and get your benefits for a delayed injury. Act as Soon as Possible When you’ve suffered a delayed injury in South Carolina, your biggest concern may be that you’re acting in time to file your workman’s comp claim. Unfortunately, a delayed injury may not appear or affect you until some time after the accident. Because you have only ninety days to file your claim in South Carolina, you’ll need to act fast to avoid a denial. To avoid a work compensation denial, it’s best to seek medical care as soon as the accident happened. While you may feel fine, a doctor can make sure you’re actually all right, and waiting can only hurt your claim. By seeing a doctor right away, you’ll have acted immediately after your accident, getting both the care you need and the proof that your work accident was the cause of your injury. Appealing a Denial Unfortunately, your delayed injury may not be accepted right away. Instead, your employer’s insurance provider may believe that the injury didn’t happen at work because you didn’t seek workers comp benefits right away. They may claim that they’re not liable for these injuries and refuse to pay. Fortunately, you will have a chance to appeal this and seek out the benefits you deserve. If you were denied, you may start with an informal conversation with your employer and insurer about the denial. You’ll have a chance to present the evidence you have of your injury. If they don’t change their opinion on your claim, you may then schedule a hearing before the Workers' Compensation Commission. You and your South Carolina work comp attorney will prepare the evidence you need to show you suffered from a delayed injury, and the Workers' Compensation Commission will decide whether you should receive workers comp benefits or whether the denial should remain. Fight for Workers Comp for Your Delayed Injury When you’re injured at work, it’s best to seek out medical care right away, even if you don’t believe you’re injured. If you don’t, you may end up worried about your claim and asking, “Can I get South Carolina workers comp for a delayed injury?” If you’re struggling to get your workers comp benefits in South Carolina, it’s best to seek out a workers compensation attorney from HawkLaw, PA first. Starting with your free consultation*, we’ll discuss your accident and what you can do to get your benefits. Ready to get started? To reach out for your consultation, contact us by calling 1-888-HAWK-LAW (429-5529) or by filling out the online form below. ### Do I Have to Go to Court? When you're injured by another person's negligence, the damages might be severe and particularly galling since you didn’t cause them. It can take thousands of dollars to repair damaged property and cover hospital bills alone. You may be wondering, “Do I have to go to court for a South Carolina personal injury claim?” Fortunately, not every claim has to go to court. Whether you're just trying to seek a settlement, or whether you'll need to fight back for your claim in court, seek out a lawyer from HawkLaw, PA. Our attorneys understand how difficult seeking a personal injury claim can be, and a South Carolina lawyer can help your claim succeed. A Settlement May Cover Your Injuries In some cases, you may not need to go to court at all. When you’re injured, you’ll have a chance to settle out of court, which can benefit all parties involved. People rarely want to get involved in a long court battle, so seeking a settlement may be all you need. For example, you might have been hit by another driver. They were clearly at fault for the crash, and they want to avoid a major legal battle that will cost them even more. They may agree to settle out of court so both parties can avoid the associated costs. If possible, your attorney will help you settle with the full funds you need. While you shouldn’t settle for less than your claim is worth, you should receive the full amount you deserve. You Deserve Compensation Unfortunately, some claims may not be so easy to settle out of court. Instead, the at-fault party may claim they had nothing to do with your injuries, refusing to settle with you. In those cases, you may need a lawyer to help you fight back. For example, you might have been attacked by a dog, suffering severe injuries and an infection. The animal owner, however, believes they shouldn’t be held responsible for the accident. Instead of settling with you out of court, they choose to fight back. They may believe you were partially responsible, for example, and will try to avoid paying your full compensation. Going to court may be a long process, but you deserve your full compensation, not part of it. If you’ve been injured and the person refuses to pay, a lawyer may be able to get you the full amount you deserve. Protect Your Claim with a Lawyer’s Help After an accident, you have a lot of losses and legal issues to juggle. You’re hurt, you’re suffering, and you’re overwhelmed by the situation. The last thing you probably want to hear is a yes to your question, “Do I have to go to court for a South Carolina personal injury claim?” In some cases, a claim in court may be the only way to get the compensation you deserve. If the at-fault party refuses to pay for your personal injury, you shouldn’t have to suffer for it. Fortunately, your lawyer can help you fight back. At HawkLaw, PA, we offer free claim reviews before you sign anything. That way, you’ll know before you begin that we’re the right firm for you. Get your claim review today by calling 1-888-HAWK-LAW (429-5529) or by filling out the online form below. ### Work Comp Doctor When you’re injured at work, you’ll need to seek medical treatment as soon as possible. Your health is vital, and so you’ll need to fight back when it’s compromised. However, most of us have a preferred doctor. Whether they’re a doctor we’ve been with for years or someone who understands our health best, we want to see our own doctors. However, you’ll need to ask, “Can I choose my own work comp doctor in South Carolina?” Before you start, ask your lawyer from HawkLaw, PA. You’ll need to know what to expect before you sign up for your appointment, so get the answers you need before you begin. Your Medical Benefits Rights South Carolina workers should receive certain benefits once their workers comp claims have been filed and approved. One of your most important benefits will be your medical benefits, which should cover the costs of your healthcare. When you’re injured, your medical care benefits should cover all reasonable expenses that may be necessary for your recovery. For example, if you broke your arm at work, your workers comp benefits should cover the initial care; surgery for your broken bone, if necessary; and any other treatment needed to get you back to full health. Typically, though, your employer has specific plans for how that compensation is used. Speak to your employer about who you’ll need to see. Seeing Your Own Doctor in SC Unfortunately, your options for seeing your own doctor might be limited. While some states have provisions to let workers see their own doctors, South Carolina requires workers to see only certain doctors after their work accident. Your employer may pre-approve certain doctors, who may focus mainly on workers comp cases. Otherwise, they may approve a certain hospital or group, so you’ll need to choose from one or more doctors that your employer chose. So, what if you want to see your own doctor? While you’re able to choose to see whatever doctor you’d like to see, your medical benefits won’t cover these injuries. Instead, you’ll be expected to go through your insurance company or pay out of pocket. Without a workers comp attorney, those are your only options. Unfortunately, you might need to see your own doctor. You might have unique health conditions that will be affected by your on-the-job injury, or you might not be comfortable with the chosen doctor. If the insurer won’t agree to let you choose, your lawyer may need to step in. Know the Medical Rights for South Carolina Workers Getting the appropriate care for your South Carolina work accident is vital, but that’s not always so easy. You’ll need help recovering from your injuries, but you might have one question about your medical benefits: “Can I choose my own work comp doctor in South Carolina?” Unfortunately, it’s not so simple. Recovering from your condition requires the best doctor for your claim. If your employer won’t help, a lawyer from HawkLaw, PA can help you fight for you! For more information, seek assistance with your claim. We can be reached by calling 1-888-HAWK-LAW (429-5529) or by completing the online form below. ### Personal Injury FAQ When you've suffered a major injury, chances are good that you need help with the details. You may know that you're eligible for a personal injury claim in South Carolina, but how much is your claim worth? How much will you receive for it? How do you begin to fight back against the at-fault party? Making your injury lawsuit a success isn't easy, so get answers from our South Carolina personal injury FAQ. For more answers, simply reach out to us at HawkLaw, PA. What are my time limits for a personal injury claim? Every claim will have a time limit in which to file. This limit prevents someone from filing a long time after the fact, which helps preserve their evidence. In South Carolina, you'll need to file within three years of your accident or you'll be barred from recovery. So, if it's been more than two years after your accident, you'll need to speak to your lawyer about filing as soon as possible. How much will I pay for a lawyer? Fortunately, you shouldn't pay out of pocket after your accident. Instead, our lawyers work on contingency fees*. This means that our payment is dependent, or contingent, on whether we win your personal injury claim. Your lawyer will discuss the percentage of your claim we'll receive after winning, which is limited by law. That means you'll know how much of your compensation you'll need to pay before you ever get started, and that compensation will only come from your claim. If we don't win your claim, you don't pay us anything. What if my child is injured? Sadly, children are often injured, and that can be difficult for them to recover from. They don't have the same legal rights you do as an adult. Fortunately, South Carolina allows parents to file for their children. You'll need help, but your child deserves compensation for their injuries just as much as an adult. If your child has been injured, reach out to an attorney, who will help you file. Your child will need that support, so we'll help you name the at-fault party and get justice for your injured child. Seek Out a South Carolina Personal Injury Lawyer When you're injured, you might have some of the answers. You might know who caused your injury, for example, or you might know how soon you'll need to file. Unfortunately, it's tough to get all the answers you need for dealing with your suffering. Fortunately, that's where a South Carolina personal injury lawyer can step in. At HawkLaw, PA, we understand how difficult it can be to recover from your injuries and get the compensation you deserve. You don't have all the answers, but we can help you get them. When you're struggling with a claim, you'll need answers before you begin. If you're at a loss with your South Carolina personal injury claim, reach out to a lawyer for a free consultation* first. We'll discuss your claim and give you the detailed answers you need. An accident can be a confusing time, but it doesn't have to leave you struggling to recover. Instead, review our South Carolina personal injury FAQ or reach out for a free consult* by calling 1-888-HAWK-LAW (429-5529) or by completing the online form below. ## Attorneys ### Randy Taylor Randy Taylor became a member of the South Carolina Bar in 1987. Over his nearly 40-year legal career, he has done everything from Real Estate to Corporate work until he became an attorney at HawkLaw, PA, in 2014 as a personal injury and workers’ compensation attorney. He is now an Attorney Emeritus with the Firm. Randy has always prided himself on his attention to detail and compassionately assisting injured persons, and he has served an invaluable role at HawkLaw by using his vast experience to mentor younger attorneys through even the most difficult circumstance that the most complex cases can throw at them. Randy is one of the most talented, caring, and friendly lawyers I've ever encountered. He truly cares about clients and can zealously represent them while being a consummate gentleman. He is a prince of a fellow. -- John Hawkins, Founder & CEO.  His areas of practice were Personal Injury Cases; Automobile, Motorcycle and Large Truck Liability Cases; Wrongful Death Cases; Dog Bite and Premises Liability Cases; Workers' Compensation Cases; and Social Security Disability Cases. He's secured numerous six-figure client recoveries and multiple million-dollar client recoveries. Randy Taylor graduated from Clemson University with a BS degree in 1980 and in 1987 he graduated from the South Carolina School of Law. He resides in Boiling Springs, South Carolina, and he has a daughter, Margaret. -- C. Logan Rollins ### Brad Smith Brad Smith passionately advocates for individuals injured through no fault of their own. He finds deep satisfaction in helping clients level the playing field when they are up against large corporations or insurance companies in pursuit of the justice they deserve. Outside of the courtroom, Brad enjoys spending time with his wife, Jill, and their daughters, Maren and Maya. He also enjoys exploring the vibrant culinary scene of downtown Greenville and cheering on the Clemson Tigers. ### Colton Bledsoe Colton Bledsoe is a personal injury attorney who has experience handling cases like car accident injuries, wrongful death, sex trafficking, negligent security, and more. He earned his J.D. from the Willamette School of Law in Salem, Oregon, and his B.S. in Sociology from Brigham Young University.  Colton lives in Charleston with his wife and kids. He enjoys spending time with his family, going to church, listening to audiobooks, golfing, and playing team sports. He's an avid NBA and NFL fan. Vivió en Argentina durante dos años y habla español. ### Anthony Stadler Anthony Stadler graduated with his Bachelor of Arts degree from Bowling Green State University in 2015. Mr. Stadler then went on to earn his Juris Doctor from University of Illinois Chicago Law School in 2020. He was admitted to practice law in South Carolina in 2021. Prior to joining HawkLaw, Anthony worked as an insurance defense associate before shifting his focus to representing clients in personal injury matters. ### Chris Shipman Chris graduated magna cum laude from Wofford College in 2005 where he was inducted into Phi Beta Kappa. He graduated from the University of South Carolina School of Law in 2012 where he was inducted into the Order of the Wig and Robe. Prior to joining HawkLaw, Chris practiced in the Greenville, Richland, and Sumter County public defender offices, where he tried numerous felony and misdemeanor cases to juries. ### Anna Elizabeth Pruitt Anna Elizabeth Pruitt graduated from the University of South Carolina Upstate with a Bachelor of Arts degree in Communications in 2018. Pruitt then went on to earn her Juris Doctor from the Charleston School of Law. While at the Charleston School of Law, Pruitt was a member of the Resolved Law Review, served as a volunteer advocate for Tri-County S.P.E.A.K.S., and clerked at HawkLaw. She was admitted to practice law in South Carolina in 2022. As a South Carolina native, Ms. Pruitt is thrilled to call Greenville her home. In her spare time, she enjoys hiking with her dog, reading, and exploring the city. ### Drew Evans Drew was born and raised in the Charleston area. He graduated from Clemson University in 2009, and the University of South Carolina School of Law in 2012. Following law school, he clerked for the Honorable Edgar W. Dickson in Orangeburg, SC. He then spent over 5 years at the Ninth Circuit Solicitor's Office in Charleston where he prosecuted over 1,200 cases and tried approximately 30 jury trials. In 2018 he left the Solicitor's Office to go into private practice, focusing on personal injury, general civil litigation, and criminal defense. He joined the HawkLaw Firm in 2020 and enjoys being a strong trial advocate for his clients, currently focusing his practice on personal injury litigation. He has successfully litigated cases in over half of the counties in South Carolina in Circuit and Magistrate Courts and the Federal District of South Carolina. He lives with his wife and two sons in Charleston where they are active members of the James Island Presbyterian Church. In his free time, Drew enjoys singing with the Charleston Men's Chorus, cooking and eating the delicious food South Carolina and Charleston have to offer, and pulling for the Clemson Tigers! ### Carolyn Atkins Carolyn Atkins received her Bachelor of Arts degree in Government and Politics from the University of Maryland in 2012 and received her Juris Doctor from Wake Forest University School of Law in 2016. Prior to joining HawkLaw, Ms. Atkins worked as an insurance defense associate before shifting her focus to represent injured clients in personal injury and workers’ compensation cases. Originally from Maryland, Ms. Atkins is proud to call Greenville her home. In her spare time, she enjoys hiking, spending time with her family and rescue dogs, and cheering for the Clemson Tigers. ### Monique James Monique James is an Associate Attorney with HawkLaw. Ms. James received her Bachelor of Arts Degree in Criminal Justice from the University of South Carolina in 2013 and her Juris Doctor from the University of South Carolina School of Law in 2017. While at the University of South Carolina, Ms. James served as the Treasurer for the Black Law Students Association and volunteered with the Income Tax Association and the Restorative Justice Program with Richland County School District One. She was admitted to practice law in South Carolina in 2018. Ms. James honed her advocacy skills during her time practicing Family Law before shifting her focus to Personal Injury that she continues to practice today. In her spare time, Ms. James is an avid roller skater and enjoys spending time with her family. ### C. Logan Rollins C. Logan Rollins has been with HawkLaw since 2010 working on personal injury cases like car accident injuries, wrongful death and more. He received his Juris Doctorate degree from the Charleston School of Law, his MA in English from Clemson University, and his BA in English from North Greenville University. He is licensed to practice in all South Carolina State Courts, the District Court of the United States for the District of South Carolina, and the Supreme Court of the United States of America. Logan Rollins has handled cases from trial level through the appellate level. ### John D. Hawkins John Hawkins is the Founder and CEO of HawkLaw, a firm he created and has grown and nurtured since 2002. He has been licensed to practice law in South Carolina since his graduation with honors in 1994 from the University of South Carolina School of Law, where he was on the Law Review and Order of Wig and Robe. John’s career has been focused on litigation, and he is experienced in handling Car Wrecks, Workers' Compensation, Personal Injury, Social Security Disability, Administrative Law, and Criminal Law matters. His familiarity with the courtroom began when he clerked for the South Carolina Supreme Court and South Carolina Circuit Court. He also served for eight years as a South Carolina State Senator and for four years as a member of the South Carolina House of Representatives. John has served his country for 23 years in the South Carolina Army and Air National Guard, where he rose to the rank of Major and gained even greater legal experience as a JAG officer. John graduated Phi Beta Kappa from Wofford College. His legal experience as a litigator, Legislator, Senator, and JAG officer, as well as the leadership skills learned in politics and the military, are put to excellent use for HawkLaw’s clients. John’s love of companies that put their customers first has led him to insist that every HawkLaw client receive an Amazing Client Experience. John enjoys spending time with his two daughters. He’s also a pilot, cyclist, and avid reader. ## Practice Areas ### Motorcycle Accident ### Mesothelioma Mesothelioma can leave you too ill to work and unable to support yourself, all because your employer let you be exposed to asbestos. If your employer didn’t take care of your safety, contact a South Carolina lawyer about your illness. Asbestos is a dangerous substance that can lead to mesothelioma, a serious lung disease that can lead to lifelong health issues. Unfortunately, you might have been exposed to these substances because of your workplace. It’s a serious threat for many workers, especially factory workers, construction workers, firefighters, and miners. When you’ve contracted mesothelioma, you’ll need help recovering compensation that can cover your treatment and care. If you’re struggling to recover, then, you’ll need a lawyer from HawkLaw, PA on your side. A South Carolina mesothelioma lawyer can help you understand your legal options and what you can do to fight back after contracting this disease. Who’s Responsible? When you’ve contracted a disease like mesothelioma, chances are good that you were exposed to the disease through someone else’s negligence. The question is, who’s liable for those injuries? Typically, that depends on how you were exposed to asbestos. Typically, people contract the disease through their jobs. Those exposed to asbestos regularly, like miners and firefighters, should be given proper protection from asbestos. However, if your equipment failed or your employer failed to provide protection, and you’ve now contracted mesothelioma, you may seek compensation from your employer for the exposure. If you don’t work in a position where you’re exposed to these substances, you may have contracted mesothelioma because of exposure to asbestos in your home. Some older buildings may still contain asbestos, and if your landlord didn’t warn you or protect their residents, they may be liable for your illness.   Seeking Compensation in South Carolina Mesothelioma is a serious condition, which means that your damages might be extensive. Worse, you’ll need to calculate both your economic and non-economic damages, as well as your current and future damages. You might first calculate your economic damages, which cover your financial losses. For example, mesothelioma is a condition that may require long-term treatment, so include those treatment costs in your injury claim. Make sure you’re also getting the non-economic damages you need. These damages cover the intangible suffering you might experience because of mesothelioma, such as the emotional trauma of living with a deadly illness.   If you’ve been exposed to asbestos in South Carolina, you may need some or all the following damages in order to deal with your mesothelioma diagnosis: Current and future medical costs Lost wages Household services Pain and suffering Loss of enjoyment of life Get Legal Help for Your South Carolina Mesothelioma Claim When you contract a serious illness like mesothelioma, you’ll need compensation to help you recover from your illness. Fortunately, that’s what an attorney from HawkLaw, PA can provide. You need legal guidance, and we can give you the help you need. If you’re struggling with your claim, reach out for help from a South Carolina mesothelioma lawyer. Our attorneys will start with a free consult, which gives you the chance to ask questions and be sure that we’re the right firm for you. When you’re ready to get started, give us a call at 1-888-HAWK-LAW (429-5529) or complete the following online form for your free consultation*. ### Work Illness ### Slip-and-Fall Accident ### Boating Accidents ### Bus Accident ### Sexual Abuse ### Nursing Home Abuse ### Premises Liability ### Broken Bone ### Camp Lejeune ### Bicycle Accident ### Child Injury ### Birth Injury ### Construction Accident ### Burn Injury ### DUI Accident ### Medical Malpractice ### Pedestrian Accident ### Dog Bites ### Personal Injury ### Brain Injury ### Workers' Compensation ### Truck Accident ### Spinal Cord Injury ### Product Liability ### Wrongful Death ### Car Accident ### Rideshare Accident Have you been injured by a rideshare driver or in an accident with a rideshare vehicle? You may be eligible for compensation, so talk to your South Carolina rideshare accident attorney about your potential claim.  Rideshares are supposed to be a convenient way to travel safely, especially if you’ve been out drinking. Unfortunately, rideshare drivers can be just as careless as any other driver, which means you could have been badly injured in an accident involving a rideshare vehicle.  If you were hit by a rideshare driver or were a passenger in a rideshare accident, you have a chance to get compensated with the help of a lawyer from HawkLaw, PA.  If you’re struggling to recover from your injuries after the vehicle accident, reach out for help. Your South Carolina rideshare accident lawyer can help you seek the compensation you need to overcome your losses.  Liability for South Carolina Rideshare Accidents When you’re hurt in a rideshare accident, finding who’s responsible for paying for your losses can be a little difficult. Sure, the rideshare driver may have obviously caused the accident, but you may be unsure who pays for those losses. They’re working on behalf of Uber, Lyft, or a similar company, so the company may be held liable, right?  Unfortunately, in most states, rideshare drivers are considered independent contractors, which means you’ll need to sue the driver for your injuries. However, rideshare drivers are required to carry commercial drivers insurance. That means you should be covered for up to $1 million for your accident.  That gives you a chance to avoid a lawsuit with the person or party responsible for the rideshare accident. You may be able to let your rideshare accident lawyer talk to the insurance company and get you the maximum settlement for your South Carolina claim.  Getting Fair Compensation from South Carolina Insurers  However, it’s not easy to get a fair settlement or compensation when you don’t know what your injuries and other damages are worth. If you’re not sure what your claim is worth, you may need to calculate the costs of your losses following the accident.  These damages may be financial or nonfinancial. Your financial damages should cover any economic losses caused by the accident, like lost wages and medical bills. Your non-economic damages cover your intangible losses that impact your quality of life. For example, if you now suffer chronic pain because of your rideshare accident, you may be qualified for compensation for that pain and suffering in South Carolina.  Contact a SC Rideshare Accident Lawyer If you’ve been injured by a careless driver, it doesn’t matter whether you’re a passenger or a driver hurt by a rideshare driver. What matters to you is getting compensation for the losses you’ve suffered, rather than paying out of pocket for these losses.  If you’ve been hurt in a rideshare accident, a lawyer from HawkLaw, PA may be able to help. Starting with a free consultation,* we can represent you in court and help you work to get compensated for the losses you’ve suffered because of the accident.  Hurt and looking for help after a South Carolina rideshare accident? Talk to your South Carolina rideshare accident lawyer by calling 1-888-HAWK-LAW (429-5529) or by filling out the following online contact form.  ### Carpal Tunnel If you've suffered from carpal tunnel because of your job, you may have grounds to seek workers compensation. Contact a lawyer about your South Carolina claim and go after the benefits you need for recovery. When we think of a work accident, most of us think of a sudden accident, like a car crash or a machinery malfunction. What many of us don't think about are the injuries that happen over time, which can be just as severe.  For example, many workers suffering from carpal tunnel struggle with their injuries, unsure where to begin. Fortunately, your lawyer from HawkLaw, PA can help. Seek out a South Carolina carpal tunnel lawyer if you’re worried about the benefits you need for a full recovery.  Eligibility for Carpal Tunnel Injury Coverage First, many people are worried that carpal tunnel isn’t included as a work-related injury. It’s not as visible as many other on-the-job injuries, so some people may not recognize that they have a claim. However, those suffering from carpal tunnel do have options for recovery.  You’ll need evidence to prove that your carpal tunnel is related to your work, however. Typically, this injury comes from repetitive motions, which can cause damage over time that leads to serious problems. Many chefs, for example, suffer from carpal tunnel because they’re repeating motions like chopping.  If you’re not sure that your carpal tunnel is related to your job, speak to your South Carolina lawyer and your doctor. They’ll have the experience to review your injury and help work to prove your case if your employer refuses to cover you.  Seeking Benefits after Denial of a Work Injury Claim Unfortunately, a work comp denial might be a major concern for many South Carolina workers. Your carpal tunnel syndrome may prevent you from working, and a workers comp denial can leave you without compensation, meaning you may be without any resources to pay your bills or otherwise meet your obligations. That’s why you may want a workers comp attorney on your side as soon as possible.  If your employer denied your claim, your lawyer may be able to help you fight back and dispute that denial. You’ll typically take your case to a hearing with the workers compensation board. They’ll review the details of your injury and why you should receive your workers comp benefits. With the right lawyer, you may have a second chance to get your full workers comp benefits.  Get a Carpal Tunnel Lawyer's Help in South Carolina If you’re struggling with carpal tunnel and your employer refuses to help, you may need guidance to get your full work comp benefits. Many South Carolina workers are denied their benefits because carpal tunnel isn’t as visible and as clearly work-related as other injuries. Fortunately, your South Carolina workman’s compensation lawyer can help you work to prove your case and seek your benefits.  At HawkLaw, PA, we understand how difficult it can be when your employer won’t help you after a workplace injury. You need medical care and help recovering, but now you’ve been denied. Fortunately, your lawyer can provide the help you need.  If you’re ready to file a claim or dispute a denial, a South Carolina carpal tunnel lawyer can help. To begin, simply reach out by calling 1-888-HAWK-LAW (429-5529) or by completing the online form below.  ### Car Accident At Work In South Carolina Car crashes are confusing and painful, and unfortunately, it only gets more complicated when you have a car accident at work in South Carolina. You'll need to know what to expect before you file anything. What workers comp benefits can you receive? Can you receive any? This can be complex, and you might receive a denial at first, unfortunately. That's why we suggest that you speak to a lawyer from HawkLaw, PA before you begin. Our attorneys can help you when you've been in an auto wreck at work and you're not sure what to do next. Am I Eligible for Workers Comp for a Car Accident? First, you'll need to know whether you're eligible at all for workers comp. For most workers in South Carolina, there's nothing to worry about. Few types of workers have to worry about their compensation. However, if you're part of any of the following groups, you may not have workers compensation and will need to seek alternative compensation: Railway workers Agricultural workers Some temporary employees Some federal employees Don't assume, however, that not being on the above list means that you'll definitely get compensation. Driving will need to have been a part of your work duties in order to get workers comp benefits for your injuries. For example, an accident during your lunch break might not award you with compensation, but if you were injured while running an errand for your employer, you might have a chance at benefits. Workers Comp Benefits Before you file, however, you'll need to know what those benefits are. Workman’s comp benefits vary depending on the type of injuries you received and how much compensation you need for your recovery. The insurer and your workers' comp lawyer should review the amount you need and what they've offered for your claim. First, you shouldn't have to worry about your medical expenses. In South Carolina, all your medical expenses should be covered by your workers comp benefits. Any expenses included in your treatment, from surgery to therapy for emotional trauma following the accident, should be covered. You might not be able to return to work, but fortunately, your benefits should cover this loss, as well. If you're unable to work in any capacity, you should receive about two-thirds of your wages while you're unable to work. This can vary when you're unable to work or if you're able to return in some capacity, but you should have some compensation for your lost wages. Help After an On-the-Job Auto Accident in South Carolina Fortunately, when you've been through a car accident at work in South Carolina, you don't have to deal with the aftermath alone. Instead, speak to a lawyer from HawkLaw, PA. Our attorneys understand how serious car accidents can be, and we know how devastating it can be when you're denied the workers comp you need. When you're struggling with your car crash claim, reach out to us for assistance, starting with a free consultation*. We can be reached at 1-888-HAWK-LAW (429-5529) or through the online contact form. ### Factory Accident ## Service Areas ### Spartanburg Drunk Driving Accident Lawyer Your life can change in the blink of an eye when a drunk driver hits you. Physical injuries, emotional damage, and incredible financial loss are suddenly a big part of your life through no fault of your own. A Spartanburg drunk driving accident lawyer is your advocate, striving to provide you with the legal guidance you need in these difficult situations. If you were hurt in an accident like this, our drunk driving accident lawyer at HawkLaw, P.A. is the advocate you need. Talk to our legal team about your case and let us start building a claim that holds those who hurt you accountable to the fullest level allowed under the law. Can I Sue a Drunk Driver in Spartanburg If I’m Injured? Yes, you can sue a drunk driver in Spartanburg who causes injuries and other losses for you. In some cases, the driver may not be the only liable party; in other cases, such as in a hit-and-run, you may need to use your own insurance. HawkLaw, P.A. can help you understand your legal options. Why Choose a Spartanburg Injury Lawyer with DUI Accident Experience? By contacting a drunk driving accident attorney, you gain the upper hand. Your attorney will determine the losses you have by gathering evidence to back up your claims. We’ll help you find the resources you need to recover, and work with a team of field experts who can help support your damages claim.  When you are hit by a drunk driver, you need to focus on your recovery. We will handle submitting a claim to the insurance company, negotiating a fair settlement, and ultimately, suing the at-fault party if we cannot get a fair claim for you.  Our Spartanburg injury lawyers help people who have suffered serious injuries in a drunk driving crash, including injuries such as: Traumatic brain injuries Spinal cord injury resulting in partial or full paralysis Bone fractures and injuries Amputations Soft tissue injuries Is a Drunk Driver Automatically at Fault in South Carolina? Yes, but the drunk driver may not be the only one at fault.  However, you may be held accountable for any role you played in the accident that results in losses. Under South Carolina’s modified comparative negligence system, both parties can be found at fault in an accident. If you are found to be 50% or less at fault, you can file a claim for your losses against the other party, but the value is reduced by the amount of fault you have. To maximize compensation for being hit by a drunk driver, then, your attorney will work to minimize any fault attributed to you by the insurance company. Using evidence from the accident, witness statements, and accident reconstruction, we can reduce some of that fault and reduce the risk of you losing critical compensation. Our drunk driving injury attorney will work diligently to minimize any such fault you have. Dram Shop and Social Host Laws in South Carolina Under South Carolina law, dram shop laws apply. That is, if you are hurt by a drunk driver who just left a location serving alcohol to the driver, and they knew or should have known the driver was intoxicated, you may be able to hold that establishment accountable for your injuries and losses. This might be a bar, club, restaurant, or any other establishment serving alcohol for compensation. If they serve alcohol to someone under the age of 21, and that person causes an accident, the location can also be held accountable. Social host laws in South Carolina can also impact your compensation claim. If a social host serves alcohol to someone under 21 and that person causes injury to another, such as in a car accident, the party hosting the at-fault driver could be held liable. This does not apply to those over the age of 21 in many cases. How DUI Affects a Personal Injury Case in Spartanburg When an accident involves a driver under the influence, two processes typically unfold. First, there are the criminal charges. Law enforcement will collect evidence to prove intoxication, but the criminal case alone will not result in compensation for you. To recover damages, you must pursue a civil claim against the at-fault driver and their insurance company. A DUI arrest or conviction can strengthen your case by making fault more difficult to dispute. Evidence gathered by the police — such as reports, BAC test results, and witness statements — can also support your claim. You may not need to file a lawsuit if the insurance company accepts your claim and pays fairly. However, when criminal charges are pending, it becomes more difficult for insurers to deny liability, which can improve your chances of securing compensation. Compensation You May Be Entitled to in a Drunk Driving Accident Claim Your right to fair compensation is dependent on your ability to file a claim that incorporates all of the losses you have. Losses typically include: Medical expenses from the accident and through your recovery Lost wages if you miss work for some time to heal Pain and suffering Emotional trauma Property damage Loss of quality of life Loss of consortium If you suffered any type of injury or loss, you may be able to file a claim that includes those costs. However, a Spartanburg personal injury lawyer from our firm will be aggressive in building an evidence-based claim that likely includes losses you did not think about having. Can I Get Punitive Damages if the Driver Was Convicted of DUI? You may be able to seek punitive damages regardless of whether the driver is convicted – but a conviction could help your claim. Punitive damages are rare. The court may award this type of monetary punishment against the driver in cases of DUI, especially if the driver is a repeat offender or there are intentional actions involved. Do You Have a Drunk Driving Accident Attorney Near Me? HawkLaw, P.A. proudly represents clients across Spartanburg from our office located at 5506 Reidville Rd in Moore, SC 29369. Positioned just southwest of downtown Spartanburg, the office is easily reachable from both residential neighborhoods and major employers like the BMW Manufacturing Plant. We’re just minutes from Tyger River Park, and clients can reach us via I-26 W by taking the SC-296 W exit toward Reidville. Free parking is available at the office for your convenience. Call Our Spartanburg DUI Accident Lawyers Today Our Spartanburg drunk driving accident lawyer at HawkLaw P.A. has the experience and resources you need to hold those who caused your injuries accountable. Contact us for immediate help. HawkLaw P.A. has additional offices in Charleston, Columbia, Greenville, and Anderson. The Anderson office is by appointment only; most clients are served out of the Greenville office location. ### Spartanburg Distracted Driving Accident Lawyer Tragedy can strike at any moment. When you’re injured on local roadways, you need a Spartanburg distracted driving accident lawyer who will fiercely advocate for your rights. At HawkLaw, P.A., our team of attorneys is deeply rooted in the local community and understands that getting the settlement you need will help you move forward after a life-altering crash. Why HawkLaw, P.A. Takes Distracted Driving Cases Personally At HawkLaw, P.A., we don’t just take cases; we fight for the rights of our neighbors, family, and friends living in the greater Spartanburg area. We drive the same roads and understand the dangers they present. Accidents on heavily congested freeways, like I-26 and I-85, are common, and accidents on highways (like SC-9) and surface streets can also claim lives.  Our commitment to helping accident victims stems from our deep connection to this area. Many of our attorneys grew up here, are raising their families here, and have a loyalty to protecting the interests of their community. Our personal stake in the community is what sets us apart and makes us aggressive in fighting back against big insurance companies. How HawkLaw, P.A. Fights Insurance Company Excuses Our Spartanburg car accident attorneys work to dismantle every defense the insurance company uses. The adjusters working on a claim have the insurer’s best interests in mind, not yours. For every excuse, HawkLaw, P.A. has a tactic to fight back. “They weren’t using a phone.” Our attorneys subpoena phone carrier records, geolocation data, and usage logs to prove whether or not a driver was using their phone.  “No proof of distraction.” We leverage circumstantial evidence like camera footage, cell tower pings, and witness testimony to reconstruct the events that took place before the accident. “Shared fault.” South Carolina follows a modified comparative negligence rule, which the insurance company may attempt to wield against you. We’ll protect your rights and apply the rule strategically.  Our firm acts fast to preserve data from CCTVs, cell towers, and other devices before it disappears. Calling our firm from the accident scene is one of the smartest decisions you can make to ensure no data is lost. South Carolina Laws on Distracted Driving: 2025 Updates Currently, South Carolina law bans texting while driving (SC Code § 56-5-3890); however, a stricter law will take effect in September 2025. The Hands Free and Distracted Driving Act changes the way South Carolina will define distracted driving, and how it will enforce offenders.  Under the new law, drivers may not hold or support any mobile electronic device – including phones, tablets, or other devices – while the vehicle is in motion. Reading, writing, sending texts or emails, interacting with apps, or watching videos is also prohibited. Enforcement will begin with a 180-day warning period, after which the penalties will apply as follows: $100 fine for the first offense $200 for each subsequent offense, plus two points on your driver’s license.  Violating this law becomes part of a civil negligence claim and may influence shared-fault assessments. If a car accident leads to injury or death, the negligent driver could face criminal charges. Tackling the Most Challenging Types of Distracted Driving Cases Complex scenarios are no problem for HawkLaw, P.A.. We have experience with all types of distracted driving cases, including ones involving multiple parties where other insurers could be involved. Accident Claims Involving Commercial Vehicles CDL drivers must adhere to stricter rules, per the DOT. In addition to state laws, CDL drivers must uphold rest rules and other laws that ensure their safety and the safety of others on the roadways. When an accident occurs that involves a commercial vehicle, there could be multiple parties involved. If you are in an accident with a large truck, for instance, you may need to file a claim against the driver, the owner/operator of the truck, and the loader/shipper. Distracted Drivers, Cyclists, and Pedestrians When a moment of distraction injures someone on foot or a bike, HawkLaw, P.A. uses evidence and expert testimony to show liability clearly. Injuries to pedestrians and cyclists are common, as South Carolina recently ranked the third most dangerous for pedestrians. Our area is known for its lush landscape and recreational activities, but motorists repeatedly ignore pedestrian walkways and fail to give cyclists the right-of-way. When the Distracted Driver Is on the Clock If your crash happened while the driver was working for a rideshare or delivery service, multiple parties may share liability, from the driver to the employer. We are thorough in our investigation and will make certain we file claims appropriately and with the proper people. Injuries Caused by Distracted Driving Crashes Distracted driving often results in catastrophic injuries: Loss of life Traumatic brain and spinal cord injuries Broken bones and internal bleeding Whiplash and soft-tissue trauma Psychological trauma, such asPTSD, anxiety, long-term disability These injuries can derail lives, and HawkLaw, P.A. fights to secure the care and compensation you need. How Much Is a Distracted Driving Case Worth? Every case is different. There’s no one-size-fits-all settlement amount. Your compensation will depend upon varying factors, such as: The severity of your injury Medical costs you currently have Future medical costs Lost income and diminished earning capacity Pain and suffering Emotional distress Long-term care Rehabilitation expenses Our team has a network of local professionals who help us build your case and establish the fair amount for your claim. Non-compensatory damages, like pain and suffering, can be hard to quantify, and we rely on our experience and knowledge of current case law to establish these amounts. How Fault Affects Your Overall Compensation South Carolina uses a modified comparative negligence system. This means if you're found less than 51% at fault, you can still recover compensation. However, your compensation is reduced by your percentage of fault. Thus, if you are found to be 20% at fault, your settlement would be reduced by 20%. HawkLaw, P.A. uses every tool to minimize your share and maximize your recovery. Do You Have a Distracted Driving Lawyer Near Me? HawkLaw, P.A. has an office at 5506 Reidville Rd, Moore, SC 29369, just 15 minutes southwest of downtown Spartanburg. We’re near Tyger River Park, a well-known local spot just off SC-290. From central Spartanburg, take I-26 W to Exit 22, then follow SC-296/Reidville Road until you see our office near the intersection of Highway 417. Free parking is available, and we’re ready to meet in person or virtually. Speak with a Distracted Driving Lawyer Today If distraction turned your life upside down, don’t wait. Contact HawkLaw, P.A. today for a free consultation*. HawkLaw, P.A. serves clients throughout South Carolina from offices in Charleston, Columbia, Greeneville, and Anderson. The Anderson office is by appointment only, and most clients will be served from the Greenville office. ### Spartanburg Pedestrian Accident Lawyer Spartanburg has a mix of busy roads, college campuses, and residential neighborhoods where people walk every day. Areas like Morgan Square, Wofford College, and Converse University see high pedestrian traffic. Unfortunately, so do areas that weren’t designed for pedestrians. When a driver fails to pay attention or yield the right of way, the result can be devastating. A Spartanburg pedestrian accident lawyer from HawkLaw P.A. can help you pursue compensation when negligence causes life-changing injuries. Where Pedestrian Accidents Happen in Spartanburg Pedestrian accidents can happen anywhere in Spartanburg, from busy intersections downtown to residential neighborhoods. College areas near Wofford and USC Upstate see frequent pedestrian traffic, and distracted driving often leads to crashes there. Parks and recreation areas like Tyger River Park bring out runners, walkers, and families. Even in these spaces, drivers may not yield or notice pedestrians in time. Most pedestrian injuries, however, aren’t happening in places built for pedestrians: they’re happening in high-speed, low-visibility areas where the infrastructure favors cars.  Heavily traveled roads such as Reidville Road and John B. White Sr. Boulevard (SC-296) are also common sites of pedestrian collisions. Congestion, speeding, and drivers failing to look for people crossing are all major risks. It’s worth noting that there are sidewalks along SC-296, yet no safe area to cross that major highway.  No matter where you were hurt, one of our pedestrian accident attorneys in Spartanburg can review your claim and hold the responsible party accountable. I Was Injured While Walking, But Not by a Car. What Now? Not every pedestrian injury involves being hit by a car. Our pedestrian injury law firm can also help with claims involving: Uneven or broken sidewalks that cause trips and falls Outdoor dining or business setups that create unsafe walkways Dog bites when owners fail to control their pets Objects falling from a roof or construction site Sidewalks blocked by improperly parked vehicles These accidents can cause serious injuries, and multiple parties may be responsible. A Spartanburg personal injury lawyer from HawkLaw, P.A. can evaluate what happened and determine how to recover compensation. Common Injuries from Pedestrian Accidents Pedestrian accident injuries are often severe because people have no protection against impact. Common injuries include: Traumatic brain injuries  Spinal cord injuries  Paralysis Internal bleeding  Organ damage Broken bones and crush injuries Amputations Severe lacerations and soft tissue damage Nerve injuries Psychological trauma These are some of the common injuries when a car hits a pedestrian, but they may not include all of the injuries you have. If you have any of these or other injuries from being struck by a car or otherwise falling, seek the guidance of a Spartanburg pedestrian accident attorney from HawkLaw, P.A. before you settle your claim. Your injuries could be extensive, and your claim should match those losses. What to Do If You’re Hit While Walking Knowing what to do if you’re hit in a crosswalk accident in South Carolina can protect both your health and your legal claim: If possible, move yourself out of the way of additional injury. You can be seriously injured while exiting a disabled vehicle, so make sure it's safe.  Call 911 to request medical care and law enforcement support, even if you feel okay. Seek medical attention after an accident. (Attend all follow-up appointments, too.)  Take photos of the surrounding area, the car, and damage to it, debris on the roadway, and any other details that could contribute to what happened. Get the name and contact information, along with insurance and driver’s license details, of the person who struck you. Gather the names and contact information for witnesses. Provide the police with information about what happened and what you experienced and saw. Avoid any statements that put you at fault. If a car hit you in a crosswalk, your photos indicating the location could help prove what occurred. Your pedestrian accident attorneys will use this information to piece together the fault. If the driver didn’t stop after hitting you, try to note the license plate or car description. Police can use that information to investigate. How Is Fault Determined in Spartanburg Pedestrian Accidents? Police reports, witness statements, and accident evidence play a major role. Insurance companies may argue a pedestrian was partially responsible if someone was jaywalking or crossing against the signal. Your pedestrian accident attorney’s job is to minimize your share of fault and prove the driver’s responsibility. South Carolina follows comparative negligence rules, which means you can still collect compensation even if you are found partially at fault. That compensation will be reduced by the percentage of blame you share. In other words, if you are found 20% at fault, your total award is reduced by 20%. In South Carolina, you are barred from collecting any compensation if you are more than 50% at fault. How Much Is a Pedestrian Injury Worth in South Carolina? There is no way to know how much your pedestrian accident claim is worth until your attorney explores all the losses you have. Some of the losses you may be owed include: Medical costs, both current and future Lost wages and income Loss of earning potential Pain and suffering Emotional trauma Loss of quality of life The best way to understand the value of your pedestrian accident claim is to work with an experienced Spartanburg pedestrian accident lawyer who can evaluate all of your losses. Why Insurance Coverage Matters if You’re Hit by a Car If you are hurt in a car accident caused by a driver, South Carolina law allows you to file a claim against that driver’s liability insurance to cover your losses. All drivers must carry liability insurance for such incidents. If the driver is uninsured, underinsured, or flees the scene, your own uninsured/underinsured motorist coverage may apply. South Carolina also requires this type of coverage, so many pedestrians have protection even if they do not drive. Pedestrians should be able to make a claim under their own MedPay policies as well. MedPay is a no-fault insurance policy that can help offset medical costs, such as co-pays, premiums, emergency room fees, and more. Do You Have a Pedestrian Accident Lawyer Near Me? HawkLaw P.A. serves clients throughout Spartanburg from our office at 5506 Reidville Rd, Moore, SC 29369. Located near Tyger River Park and the BMW Manufacturing Plant, our office is easily accessible from both downtown Spartanburg and surrounding communities. Free parking is available on-site. Call a Spartanburg Pedestrian Accident Attorney Who Fights for You Let HawkLaw P.A. fight for you after you have suffered injuries. Our Spartanburg pedestrian accident lawyer brings years of experience to your fight. Contact us now for a free consultation*. HawkLaw P.A. has additional offices in Charleston, Columbia, Greenville, and Anderson. The Anderson office is by appointment only; most clients are served out of the Greenville office location. ### Uber Accident Lawyer Serving Anderson, SC | Get Help Now Uber rideshare services are an incredibly valuable tool in locations like Anderson, South Carolina. Whether a tourist to the area, someone with a car in the shop, or those who do not drive, rideshare companies like this provide a valuable resource. You expect them to be safe. When they are not, an Uber accident lawyer serving Anderson, SC, becomes your advocate. As dedicated car accident lawyers serving Anderson, the team at HawkLaw P.A. is available to help you determine if you can hold Uber accountable for your losses and what to expect throughout that process. We are experienced Uber accident lawyers ready to help victims get justice. Why Should I Call a HawkLaw, P.A. Uber Accident Lawyer serving Anderson? When you are hurt through the negligence of a large company like Uber, having a personal injury lawyer serving Anderson by your side can make a big difference in your ability to recover fair damages and compensation. At HawkLaw, P.A., we bring decades of experience fighting for our clients to your case. We offer: Comprehensive legal guidance for even the most challenging of rideshare accident cases A track record of success*, having helped thousands of clients recover millions of dollars in losses since our founding  Attention to your unique needs, including providing compassionate guidance as you focus on healing Our Uber accident lawyers know how challenging it can be to recover fair damages. We fight for your rights to full and fair compensation. What Should I Do After an Uber Accident in Anderson, SC? After an accident, take action to protect yourself and others. When possible, consider these steps: Make sure other parties involved are safe. Then, call 911 to request medical attention and police presence. Take photos of the surrounding area, the property damage, and the injuries you have. Request the name and contact information of anyone involved in the accident, including the Uber driver and any third parties who saw what happened. Reporting the accident to the police is beneficial. You may also need to report the accident to Uber. Do not agree to settle your claim. As always, call an Uber accident lawyer serving Anderson, SC, to discuss your case before agreeing to anything. Who Is Liable in an Uber Accident? In most accidents, the at-fault party is liable for the losses the victim suffered. Sometimes that means the other driver is liable; sometimes it means multiple parties are liable. In some cases, you may share some percentage of fault for the accident, but that doesn’t mean you don’t have options. An Uber accident lawyer from HawkLaw, serving Anderson, can still fight to secure compensation on your behalf. How Does Insurance Work in an Uber Accident Case? Uber provides insurance policies for its riders, but they only go into effect to under certain circumstances, and they may not be the only policies that apply: The Driver Was Providing Service In situations where the Uber driver accepted a ride through the Uber app and was en route to the rider’s location or was actively providing a ride, then the rideshare company is responsible for your injuries. Uber carries a $1 million insurance policy for its drivers to cover accidents that occur while they are actively providing service. A Third Party Caused the Accident In some situations, the Uber driver did not cause the accident, but another driver did. For example, if another driver ran a red light and caused the collision, that driver’s personal auto insurance would be responsible for your losses, not Uber’s. This is one of the reasons it is so important to understand the fault of the accident. Can I Sue Uber for an Accident? You may be able to sue Uber for an accident if you can show the rideshare company was negligent in some way. Most of the time, your Anderson Uber accident lawyer will work to identify who is responsible, file a claim, and negotiate a settlement with the insurance companies. That means you receive the funds owed to you. In some cases, accident victims may struggle to get fair compensation from the responsible parties, including the rideshare company. In those situations, you may be able to sue Uber to recover your losses. To do so, you must show that Uber’s insurance is responsible for paying for your losses and not the driver’s personal liability insurance. If Uber does not fall under the at-fault parties as a result of what caused your accident, it may not be possible to pursue a lawsuit against the company. What Injuries Are Common After Anderson Uber Crashes? Some of the most common injuries from Uber accidents include: Traumatic brain injuries Spinal cord injuries, especially in accidents involving an Uber and a motorcycle accident Broken and crushed bones Lacerations and tissue damage Disfigurement Road rash in bike and pedestrian accidents Permanent disability from paralysis Burns Any bodily injuries you have should be carefully documented. If your loved one lost their life as a result of an Uber accident, seek out the help of a wrongful death lawyer serving Anderson. This will help you demonstrate that Uber should compensate your family for the devastation they caused. What Is Compensable in an Uber Accident? Victims with physical, emotional, and financial losses have the right to seek financial compensation for their losses from the at-fault party. You can see damages for anything you can demonstrate occurred as a result of negligence. Examples of compensable damages after an Uber Accident include: All medical expenses from the accident, including emergency and ongoing medical care, treatment, and follow-up support Lost wages from time missed at work due to your injuries Pain and suffering Emotional trauma and mental anguish Loss of quality of life Loss of consortium During the claims process, you will need to accurately demonstrate your losses with proof and assign a value to them. HawkLaw, P.A.’s personal injury attorney will guide you through that process. South Carolina Laws for Punitive Damages Punitive damages are meant to punish wrongdoing and deter the type of behavior that led to the accident and injuries. If there is clear and convincing evidence that the Uber driver or other at-fault party engaged in willful, wanton, or reckless behavior, punitive damages may be applicable. Compensation is capped at three times the compensatory damages or $500,000, whichever is greater. How Long Do I Have to File an Uber Accident Claim in South Carolina? Under most circumstances, you have three years from the date of the Uber accident to file a claim or lawsuit. There are exceptions to every rule, but those exceptions may not work in your favor. This is why we say you should call us as soon as you know you are injured. What Does an Uber Accident Lawyer Serving Anderson Do? Your Uber accident lawyer will:  Inform you of your rights and explain how a case could progress. Review all insurance policies to see who can be held accountable, how, and for how much. Assess and value your losses, including your medical bills, lost income, property damage, and intangible losses like pain and suffering. Send a demand letter to the liable party’s insurance company to open negotiations for a potential settlement. File a complaint (lawsuit) on your behalf if negotiations fail. Interview all witnesses (via depositions and interrogatories) and review all evidence gained through discovery to see if potential punitive damages apply. Represent you in court if trial is the only way to reach a fair conclusion to your ordeal.  Your lawyer provides information and resources, builds a strong case, and provides you with peace of mind. Do You Have an Uber Accident Lawyer Near Me? HawkLaw’s Anderson office is open by appointment only, and located at 201 N Main St, Suite 3, in Anderson, between W. Earle and W. Orr Streets. You can make the left onto Federal and right onto Main, or you can take River directly to Main Street. We maintain additional offices in Greenville, Spartanburg, Charleston, and Columbia for your convenience.  Most cases are handled out of the Greenville office. HawkLaw P.A. Fights Back After an Uber Crash in Anderson You are not alone in fighting a big company like Uber. Turn to HawkLaw P.A. for a free consultation*. Use our contact form to request a conversation with our legal team to find out if you can sue Uber. ### Personal Injury Lawyer Serving Overbrook At HawkLaw, we see you. We see the pain and suffering you are facing because of the mistakes of others. We know that you are worried about paying your rent and keeping your head above water while you cannot work. We also know the challenges insurance companies often needlessly introduce to your case. Our personal injury lawyers serving Overbrook are the advocates you need to effectively navigate these challenges. ​What Does a Personal Injury Lawyer Do for Clients in Overbrook? At HawkLaw, we aim to make sure you know exactly what to expect when you contact us. We discuss your accident or injury with you upfront. Our team is always committed to understanding every nuance of what happened so we can find out why. We care about your sleepless nights and frustrating conversations with insurance adjusters. Then, we go to work for you. We review your police report to find out what missing information or gaps are present. Expect us to investigate your case thoroughly, uncovering all aspects possible. We look for data on what the driver was doing before the accident or what type of warnings the property owner already had about their dangerous property. Expect us to talk to witnesses, find videos if they are out there, and build a clear strategy for you. It is critical to understand the cause of your injury so we know all parties responsible. That means going after all people and businesses that let this happen to you.  Expect your personal injury lawyer to then start building your claim. We look at how this incident hurt you and impacted your life. After maximizing evidence to substantiate your claim, we fight for you with the insurance companies. What does HawkLaw do for you, then? We level the playing field. We believe in fighting aggressively to pursue truly fair compensation for victims. With over 20 years of experience fighting insurance companies under our belt, we know how to get results. What Kind of Cases Do Your Personal Injury Lawyers Serving Overbrook Handle? Your injuries are serious changes in your life right now and could impact your future for decades. We help people who have sustained injuries like: Traumatic brain injuries and other brain injuries Fatal injuries Spinal cord injuries Internal organ injuries Complex fractures Burn injuries Disfigurement Amputations Catastrophic injuries resulting in permanent disability How Long Should a Personal Injury Case Take to Settle? In an ideal world, insurance companies would play fair and your claim would be settled within a few weeks of your injury. Unfortunately, that’s not how it usually works. The length of your case depends on many factors, including:  The severity of your injuries How long does it take to get to your maximum point of recovery (when you will not likely improve anymore) Disputes over fault How willing the insurance company is to work with you The negotiation skills of your Overbrook personal injury lawyer How backed up the courts are Working with a personal injury lawyer serving Overbrook could potentially speed the process up; most insurance companies are more willing to negotiate in good faith when they see you have an attorney on your side. They certainly know what to expect with us. But the truth is that we don’t know until we can review your case. How Much Do Personal Injury Lawyers Cost in Overbrook? The typical cost of a personal injury lawyer in or near Overbrook ranges from 30 to 33% of the final settlement amount because most injury lawyers work on contingency.* That means our pay is contingent upon winning. It also means that we front all the costs associated with your case, from consultations to filing fees, so you never pay for anything out-of-pocket.* We only get paid after we win your case or reach a successful settlement resolution.* What Damages Can I Seek in an Overbrook Personal Injury Case? The law affords victims the right to seek full compensation for any losses they can demonstrate from an accident caused by others. The hard part is that you are responsible for documenting all of your injuries and other losses. Our personal injury lawyers serving Overbrook will get into your case to determine all losses you have – physical, emotional, and financial – to maximize your claim. Some of the most common types of damages we see include both economic and non-economic losses. Economic Losses These are losses with a typical, easy-to-understand value. Examples include: Medical expenses, including emergency medical care, ongoing care, and recovery-related costs Property damage to repair or replace damaged personal property Lost wages from missed time at work, loss of benefits, and losses related to a reduction in earning capacity Out-of-pocket travel costs and other related costs Non-Economic Losses Non-economic losses are very much real factors, but have a subjective value. Examples include: Pain and suffering, including from the accident and throughout your recovery Emotional trauma and pain Loss of quality of life Disfigurement-related losses Loss of enjoyment in life Is Emotional Distress a Personal Injury? Yes, it is. Emotional distress can cause trauma, severe anxiety, and an impact on your life and well-being. However, under the law, you can only pursue emotional distress compensation if you suffer a physical injury as well. HawkLaw Can Help After a Serious Injury HawkLaw helps Overbrook clients facing a wide array of serious injury claims stemming from:  Car accidents, including all types of head-on, right-of-way, intersection, and other accidents Bicycle accidents Rideshare-related accidents, including Lyft accidents and Uber accidents Truck accidents involving everything from delivery trucks to 18-wheelers Pedestrian accidents Motorcycle accidents Construction site accidents Dog bite injuries Slip and fall accidents Worksite injuries Do You Have a Personal Injury Lawyer Near Me? We serve clients in Overbrook from our Greenville-based office, located at 3 Caledon Court. You take North Street for just shy of three miles (it eventually turns into Pelham) and then look for the professional park; that’s where we are. There’s a bus stop nearby and plenty of onsite parking. HawkLaw maintains additional offices in and near Spartanburg, Columbia, Charleston and Anderson*. *Our Anderson office is by appointment only; most cases are handled from our Greenville office. Injured in Overbrook? Our Lawyers Want to Help Insurance companies are aggressive. Unlike our team at HawkLaw, they are not motivated to fight for fair compensation for you. We do. We care, and we know you need and advocate for fair compensation. Schedule your free consultation* with one of our injury lawyers serving Overbrook; call or contact us today to get started. ### Personal Injury Lawyer Serving Nicholtown The negligence of someone else has put you in a situation where you cannot work, you have mounting medical bills, and you are unsure of the future. You just want to move your claim forward, get the money you deserve, and start rebuilding. The problem is that the process is challenging. HawkLaw is here to help. Our personal injury lawyers help Nicholtown victims find a new way forward. We know the complexity of these cases. Most importantly, we get just how disastrous it can be when someone else’s mistake impacts your future. Talk to us about your incident. Let us build a strong case for full and fair recovery of what the at-fault party owes to you. ​What Do HawkLaw’s Personal Injury Lawyers Do for Nicholtown Clients? HawkLaw’s team of personal injury lawyers serving Nicholtown are advocates. That means we help folks just like you get the compensation they deserve and need after someone else harms them, and we don’t back down until we do. At HawkLaw:  We dig deep. We use the police report to capture as much detail about the cause of your accident as possible. We then talk to witnesses, review your medical records, watch any video footage available, and then reconstruct what may have happened. We’ll subpoena cell phone records, dash cam footage, and any other evidence we need to get the answers.  We listen to you. Your personal injury lawyer needs to understand the effects this incident had on you and your health. How did it impact your family, your ability to advance at your job, and your confidence? This information, along with medical testimony, helps us determine the value of your claim. So we ask and we listen. We fight for you. We use all of this to bring a fair and just settlement demand to the insurance company (or any liable party) during negotiations. If those fail, then we file a lawsuit and prepare for trial. Believe is when we say that insurance companies know we’re serious, and that this may work to your advantage. What Kind of Cases Do Personal Injury Lawyers Serving Nicholtown Handle? Our personal injury lawyers serving Nicholtown only help injured people – never insurance companies. We are plaintiffs’ lawyers, which means we work for folks who suffered injuries because of another person or entity. Most of our clients suffer catastrophic injuries and losses, such as:  Fatal injuries Traumatic brain injuries Spinal cord injuries with or without paralysis Burn injuries causing disfigurement Amputations Catastrophic injuries such as loss of vision or hearing Internal organ injuries Whiplash Back injuries Broken bones How to Choose a Personal Injury Attorney Near Nicholtown You deserve a personal injury attorney who will have your back in a fight. You should also look to hire someone you trust, and with whom you can have a good relationship. But you also want someone who knows what they’re doing; after all, you deserve the best chance at a successful resolution. Here are some things you can do to choose the right personal injury lawyer for you:  Read reviews. Most attorneys will have Google Reviews or third-party reviews that shed light on the good and bad. Find someone with personal injury experience. Verify the attorney has experience in the specific area of personal injury loss you are facing. It is critical for the attorney to understand your rights. Seek out a lawyer with a strong track record. Can they provide you with examples of cases like your own that they have handled? Choose a personal injury lawyer who has time for you. Having dozens of cases happening at once often means someone is not going to get the attention they need. If you feel like you are that person, seek a different attorney who values your case. You need your questions asked and someone who listens. At HawkLaw, we hope you’ll choose us to represent you in your claim or lawsuit. We expect you to ask us every question you have so that we can develop a comprehensive understanding of your needs. How Much Do Personal Injury Lawyers Charge in Nicholtown? The cost of hiring a personal injury lawyer in or near Nicholtown depends on the attorney’s experience, the type of case, the severity of your losses, the complexity of your case, and numerous factors. Expect your lawyer to charge between 30 and 33%* of your settlement value. However, HawkLaw always provides you with a free* consultation where you can learn more about our legal team and services. We also operate on a contingency fee basis* which means you do not pay upfront for your attorney fees. We only get paid if we win your case*. How Much Is My Personal Injury Claim Worth in South Carolina? It depends. We know that’s not the answer you want, but it’s the honest one: every case is different, and the worth of your claim is determined by the losses you sustained. However, we can tell you the common losses victims often recover in cases like yours. That may include: Economic losses. These have specific dollar amounts and can be calculated more precisely. They include: Medical bills from the emergency care Ongoing medical care and specialist treatment Losses related to property damage or replacement Loss of wages from being unable to work Loss of earning capacity if you have ongoing medical limitations Out-of-pocket costs Non-economic damages. These are less tangible, and often require longer negotiation. They include:  Pain and suffering Loss of enjoyment in life Emotional trauma and pain Loss of quality of life Disfigurement Common Causes of Serious Injury HawkLaw handles a wide array of injury claims, including:  Car accidents, including all types of head-on, right-of-way, intersection, and other accidents Bicycle accidents Rideshare-related accidents, including those involving Lyft accidents and Uber accidents Truck accidents, including tractor-trailer accidents, delivery trucks, and box trucks Pedestrian accidents Motorcycle accidents Construction site accidents Dog bite accidents and injuries Slip and fall accidents Worksite injuries Do You Have a Personal Injury Lawyer Near Me? We serve clients in Nicholtown from our Greenville-based office, located at 3 Caledon Court. You can take N. Pleasantburg Dr. to Pelham Road, though your GPS will probably tell you to hit the turn on Villa and come in that way. We’re in the professional park, with plenty of parking and a nearby bus stop. HawkLaw maintains additional offices in and near Spartanburg, Columbia, Charleston and Anderson. Injured in Nicholtown? Our Lawyers Want to Help Take the time now to seek help. HawkLaw will make the time you need to answer all of your questions during a free* consultation. There are many reasons to take action when someone else is responsible for your injuries. Fill out our contact form and speak to a personal injury attorney serving Nicholtown now. ### Magnolia Acres Car Accident Lawyer Do I need a car accident lawyer? It is a loaded question, as many folks just want to file a claim and move on. In some cases, it’s possible – but when it’s not, we’re here to help. At HawkLaw, we believe in doing right by you following an accident. We work to alleviate the frustration of the legal process so you can focus on healing. We will fight for full and fair compensation for you. With the guidance of one of our car accident lawyers serving Magnolia Acres, you are not left to deal with this process on your own. HawkLaw is here to help. What Will Your Car Accident Lawyers Do for a Client in Magnolia Acres? Here’s what you can expect from our car accident attorneys serving Magnolia Acres: We listen first. We encourage you to provide insight into what happened, how you felt, and what this accident did to your life. We treat you with the respect and compassion you deserve. We plot a course of action. Applying South Carolina car accident laws to your case, we examine all ways in which the at-fault party owes you. That means investigating more than the police report, but also the driver behind the wheel, the manufacturer of the car, or other factors that contributed. We do not let the insurance company take advantage of you. We become your advocate. That means we work to question insurance company denials or decisions, find evidence to build up the value of your claim, and document all missteps adjusters take. When you meet with us, we will review the police report, medical records, and other documented losses you have. This gives us insight into how you are facing the challenges of this current time in your life. We apply our decades of experience to your case, creating a strong strategy to hold the at-fault party accountable to the fullest extent of the law. The difference? We aim to recover more damages for you. ​Should I Get a Lawyer for a Car Accident? Frankly, if you have a small fender bender with minimal damage, you may not need a lawyer. But if you are asking yourself, “Do I need a lawyer for a car accident settlement,” and you have injuries and other losses, the answer is different. Hiring a lawyer becomes critical in these situations. At HawkLaw, we are honest and transparent upfront about the benefits we can offer to you. ​How Is Fault Determined in a Car Accident in Magnolia Acres? Fault is, perhaps, the most critical component of your claim for damages. To determine who is at fault for the car accident, we review your medical records, the police report, any available pictures and video footage, the mechanic’s report about the damage to your car, and any other evidence that can show what happened. If you are driving down the most dangerous roads in Magnolia Acres and someone strikes you, we need to consider all angles so we can reconstruct the way the crash occurred.   We also help people where the events of the crash may not be as easily determined. We can help with: Crashes where both parties share blame. Our investigation will determine what the real cause of the incident is and demonstrate why you do not hold fault or, if you do, that it is a lesser amount. Hit and run accidents. If there is no evidence to determine who was at fault, expect our lawyer to work to pursue your uninsured motorist coverage to cover your claim. Or, we can find evidence that tracks down who did this. Mistakes in the assignment of fault. We may determine that fault is not accurately assigned if the evidence or statements from witnesses contradict each other. Who Is Liable for a Car Crash in South Carolina? The driver at fault for causing the crash is liable for the losses you incurred; that’s why we spend so much time building a case that you are not to blame. In most scenarios, the liable party (or parties) can include: The other driver (or even their passengers) A manufacturer or retailer, if a defective part caused the collision A business or company, if one of their drivers causes the crash A government entity or agency, if the collision caused by a road defect or government employee* An entirely different third-party, such as a pedestrian, cyclist, e-scooter operator, or other person acting negligently Serious Injuries Caused by Car Wrecks Magnolia Acres car accident victims face a very real threat of serious injury, especially when there is a lot of speed or force involved in the accident. Some of the most common serious injuries we see that warrant legal action with the help of a local car accident lawyer include: Traumatic brain injuries Spinal cord injuries Whiplash and other neck injuries Lacerations and deep wounds Internal organ injuries Burn injuries Catastrophic injuries such as paralysis Fatal injuries At HawkLaw, our personal injury lawyers serving Magnolia Acres understand the losses you have from these injuries and the likely long-term implications. We gather data to assess the full extent of your potential recovery as well as your financial losses, so we can make an accurate demand for compensation. Most Common Causes of Car Accidents in Magnolia Acres Understanding the cause of your accident enables our car accident lawyers near Magnolia Acres to determine how all parties may have contributed to the wreck. Some of the most common causes of car accidents include: Collisions with speeding motorcycles Accidents with rideshare drivers, such as Lyft accidents or Uber accidents Collisions with trucks Car versus pedestrian accidents Distracted driving Driver impairment Reckless driving Head-on collisions due to fatigue T-bone accidents at intersections due to inexperience Left-hand turns with failure to yield How Our Car Accident Attorneys Serving Magnolia Acres Assess Your Damages You were hurt and have a mountain of bills to pay. Those are losses you incurred due to the negligence of another. You can file a claim for those losses to recover damages. Damages that may apply in your case include: Medical Expenses Emergency medical care Hospitalization Surgeries and other treatments Ongoing medical support and care Medications Rehabilitation and therapy Lost Wages Lost hours or salary pay for missing time at work Loss of benefits and retirement contributions Loss of sick time Loss of bonuses Reduction in earning capacity due to ongoing limitations Property Damage Damage to your vehicle that requires repairs Replacement costs if your vehicle cannot be repaired Any other damage related to personal property Rental car (insurance does cover a rental car after an accident) Emotional Trauma Post-traumatic stress disorder Depression Trauma-related stress Anxiety Pain and Suffering Loss of quality of life Pain suffered at the time of the accident Suffering through the recovery Chronic pain development Do You Have a Car Accident Attorney Near Me? We serve clients in Magnolia Acres from our Greenville-based office, located at 3 Caledon Court. You can take N. Pleasantburg Dr. to Pelham Road; it’s about 6.5 miles. We’re in the professional park, with plenty of parking and a nearby bus stop. HawkLaw maintains additional offices in and near Spartanburg, Columbia, Charleston, and Anderson.* *Our Anderson office is by appointment only. Cases are largely handled out of the Greenville office. Injured in a Car Accident in Magnolia Acres? Our Lawyers Want to Help HawkLaw is the trusted resource with the strong track record of results you need. Fill out our contact form to schedule a free consultation* with an experienced car accident lawyer near Magnolia Acres. Do not wait to get answers. Let us start advocating for you now. ### Woodland Heights Car Accident Lawyer ### Fairforest Car Accident Lawyer ### Autumn Oaks Car Accident Lawyer ### Personal Injury Lawyer Serving Woodland Heights It's frequently said that accidents are a part of life, but that doesn't mean that they're any less devastating when they occur, especially when they result in serious bodily injury, an inability to provide for your family, or even the death of a loved one. In cases where a negligent person's actions caused your losses, filing a personal injury suit may be your only chance at a full recovery. A HawkLaw personal injury lawyer serving Woodland Heights can help. Call us today to get started. What Does a Personal Injury Lawyer Serving Woodland Heights Do? The primary role of a personal injury lawyer serving Woodland Heights is to help their clients recover compensation when a negligent party injures them or damages their property. To do this, they may assist with evidence collection, filing paperwork, or interviewing and/or deposing witnesses, insurance representatives, or the negligent party themselves. Once they're able to build a solid case for their client, they advocate for their client during the settlement process or represent them in court if a fair settlement cannot be reached. Why We Want You to Choose HawkLaw We understand that you have plenty of choices when it comes to law firms, but when it comes to personal injury suits, who you pick to represent you is arguably the most important decision you can make. HawkLaw is a well-established law firm whose experienced attorneys have represented South Carolinians for several decades, and we have the results and testimonials to prove it. We've recovered more than $200 million* for our clients in a variety of complicated cases. To find out how we can apply the same dedication and resources to your case, we encourage you to reach out for a free consultation*.   Can I Afford an Injury Attorney Near Woodland Heights? Yes, you can afford a injury attorney serving Woodland Heights. HawkLaw offers our services on a contingency basis, which means that our clients never pay legal fees upfront*. Additionally, if you don't win your case, you will not be required to pay anything at all for our legal representation*. What Kinds of Injury Claims Do You Take? Typically, HawkLaw is open to taking any case where a person has been negligently harmed either from a physical injury, emotional trauma, or damage to their property. This may include (but is not limited to) claims involving: Broken bones Brain injuries Spinal cord injuries Burns Birth defects or birth injury Coma, brain death, or vegetative states Organ damage Internal bleeding Permanent scarring or disfigurement Amputation Assault, including physical or sexual abuse Workplace illness Permanent or temporary disability Our firm also works with the surviving family members of individuals who have died due to the negligent actions of another person or organization to pursue justice and compensation for their loss. Common Causes of Serious Injury in South Carolina HawkLaw routinely represents people who have sustained catastrophic injuries – the types of injuries that cause long-term, if not permanent, damage and trauma. While a person can be hurt in myriad ways, the most common causes of our clients' serious injuries are: Motor Vehicle Accidents In 2023, more than a thousand people were killed in traffic accidents in South Carolina; on average, around 40,000 people are injured in traffic accidents on our roads each year. Regardless of the severity, it's never a good idea to handle car accident cases without a lawyer, especially in cases involving motorcycle riders, intoxicated drivers, or injured pedestrians or cyclists, which can result in life-threatening injuries. Taking on rideshare companies, transportation authorities, or trucking companies that have million-dollar legal budgets at their disposal is virtually impossible to do on your own. Fortunately, our legal team has an excellent track record in these types of cases and more, many of which were settled before going to court. Fatal Accidents If you've lost a family member due to an accident or injury caused by the negligent actions of someone else, you have a right to pursue compensation for your loss and suffering. You can also pursue economic damages such as your loved one's lost income, medical bills left behind, or burial and funeral costs. These types of personal injury cases are known as wrongful death lawsuits, and out compassionate counselors are here to guide you through the process while advocating for your rights. Dangerous Properties Premises liability law in South Carolina holds property owners and managers responsible for maintaining their premise. Specifically, those in charge of the premises must eliminate or warn of unreasonable risks to invitees and  warn of hidden dangers to licensees. Failure to do so leaves them open to liability in cases involving a dog attack or slipping and falling on a wet floor or icy walkway. If there's evidence that shows your injury could have been avoided through a property owner's actions, we want to help. Work-Related Injury Claims Workers' compensation is a tool for injured workers to receive compensation for medical expenses and lost wages during their recovery process. In most cases, workers' compensation is a great tool for workers who were injured while performing duties arising from and in the course and scope of their employment, such as a construction worker who loses their balance and falls from their scaffolding. Unfortunately, workers' compensation is not an option for some self-employed workers or some classes of workers, like temporary farm laborers. While workers' compensation can cover medical expenses, occupational therapy, medication, and some wages, it is not designed to cover non-economic damages such as pain and suffering. However, when a worker is injured on the job due to the negligence of a third party, a personal injury suit may be an additional option for recovery of non-economic damages. An experienced attorney can help you evaluate whether you may have the right also to pursue a third party claim in addition to a workers’ compensation claim. HawkLaw is experienced in both and can help you with a workers' compensation claim or a personal injury claim at any stage in the process. Dangerous Products Government regulation is supposed to weed out harmful products that can cause illness or injury to consumers who buy them, but it doesn't stop all dangerous products from reaching the market. Some manufacturers ignore those regulations; others work off an inherently faulty design, or use shoddy materials to save money. Whether this is done intentionally or unintentionally is irrelevant; you can file a product liability claim regardless. In some cases, you may wish to join or pursue a class action lawsuit on your own. Medical Negligence and Malpractice Medical professionals owe you, their patient, a duty of care. If they fail in this duty, you can hold them liable for your injuries and losses. Medical malpractice lawsuits can name doctors, nurses, hospital administrators, specialists, and others as defendants, which can make them challenging to pursue without legal counsel. After all, they have a small army of lawyers on their side; you deserve to have a fighter on your side, too. What Damages Can I Seek After a Serious Injury? If the defendant in your personal injury case is deemed negligent, your lawyer will point to specific examples of ways this negligence has harmed you. You can seek compensation for these harms, and that compensation is known as damages. There are three types of damages that a person can sue for: Economic damages are compensation for specific financial losses, such as medical bills, lost wages and income, property damage, and more. If there is a receipt, it is an economic damage. Non-economic damages are not as defined, and can include emotional trauma, including anxiety PTSD, or depression, disfigurement, the inability to socialize, loss of consortium, or the inability to find work after an injury. These are generally subjective, and it can help you to have a Woodland Heights injury lawyer who knows how to calculate these damages. Punitive damages are designed as a form of punishment, and they are very rare. In South Carolina, you must be awarded compensatory damages (economic and non-economic) to even claim them, and then as a plaintiff you need to provide "clear and convincing evidence that [the] harm was the result of the defendant's wilful, wanton, or reckless conduct." The State imposes caps on these damages as well. We can discuss whether or not your case merits this type of request during our consultation. Filing a Personal Injury Claim in South Carolina The process for filing a personal injury claim in South Carolina generally works like this: You contact the proper authorities about the incident that caused you harm: In a Woodland Heights car crash or assault case, you'll get a police report. In a work-related case, you'll get an incident report. The point is to get documentation about the incident that is official. This helps inform our discovery requests later. You get a full medical workup and report on your health: This can take time, but it is one of the most important parts of any case. If we don't understand the full extent of your injuries, we cannot accurately value your claim. That means you risk leaving money on the table, so to speak, that should be yours. You hire a personal injury lawyer serving Woodland Heights: We hope you choose the attorneys of HawkLaw to represent you. We open an official claim and send a demand letter: Once you hire us, you never have to talk to the insurance company alone again. We'll handle all the paperwork, create the demand letter, and start the negotiations. Often, we reach a mutual agreement on a settlement and within a few weeks, you should get your compensation check. But if the insurance company refuses to negotiate in good faith, or the defendants attempt to bury us in paperwork to delay the process, then we may need to go to trial. We pursue a personal injury lawsuit: If you're offered an unfair claim, or if the responsible parties or the insurance company assigned to your case is ignoring communication, the next step is to file a lawsuit. Depending on the nature of the claim, this can be done at the Magistrate Court in Spartanburg, at the Court of Common Pleas, or elsewhere. Sometimes, this is enough to make insurance companies sit up and take notice; because we are willing to go to trial, they may be more willing to come back to the table for another round of settlement talks. We take your case before a judge or jury: Jury trials can be a risk because they're made up of people, and people can be unpredictable. But sometimes, the best chance you have at true justice comes from 12 strangers who listened to your story. At HawkLaw, we prepare every case as though it will eventually end up in front of a jury. Not only does this give us an advantage later if we do need to go to court, but it forces us to be as precise and thorough as possible at every stage. Do You Have a Personal Injury Lawyer Near Me? HawkLaw serves a variety of communities in South Carolina. If you need a personal injury lawyer near Woodland Heights, you can visit our Spartanburg office at 5506 Reidville Rd, Moore, SC 29369. We are just down the road from Reidville Road Pet Salon and Boarding; if the salon is on your right, we'll be coming up on our left in .3 miles. We have additional offices serving Anderson, Charleston, Columbia, and Greenville for your convenience. Contact a Personal Injury Attorney Serving Woodland Heights Today As you can see, there's a lot that can happen when opening up a personal injury claim, and having an experienced and knowledgeable personal injury attorney serving Woodland Heights on your side may be the difference between an unsuccessful claim and a successful one. Whether you have questions about an existing claim or you need help getting started, HawkLaw is available to assist you regardless of where you are in the process. Contact us for a free consultation* or stop by our Spartanburg location today. ### Fairforest Personal Injury Lawyer Surrounded by expansive public parks and recreational Lake Cooley, Fairforest hardly seems prone to accidents. However, personal injuries happen in every county, city, and township in South Carolina, and residents and visitors alike may need some help when those injuries happen. Hiring an experienced personal injury lawyer serving Fairforest is a smart decision if you are injured. Contact HawkLaw today for help. How Can a Personal Injury Lawyer Serving Fairforest Help? At HawkLaw, we have helped numerous personal injury victims recover the compensation they need to move forward with their lives.* Our personal injury clients consistently give us a five-star rating for our ability to handle claims expeditiously and aggressively. Our attorneys serve clients across South Carolina, offering clients a dedicated legal team of lawyers, paralegals, assistants, and clerks who will make certain every detail of their case is given meticulous attention. What Types of Injury Cases Do Your Attorneys Take? No matter the injury, HawkLaw can help. Our compassionate staff understands the high stakes involved with an injured person’s claims. We offer legal counsel for numerous types of accidents and injuries. Car Accidents. A motor vehicle accident can result in myriad of injuries. We help accident victims determine who was at fault so that they can file an appropriate claim. Motorcycle Accidents. Motorcycles are frequently ignored on streets and highways. When a rider is involved in a motorcycle accident, the injuries are often more significant due to the lack of protection of the rider. Truck Accidents. Accidents involving large trucks can quickly become catastrophic from the sheer size and force of the truck itself. Liability in truck accident cases often includes numerous parties, like the owner/operator of the truck and companies hired to load the truck. Pedestrian Accidents. Pedestrians are naturally vulnerable when crossing intersections or walking near roadways. Hit-and-run pedestrian accidents may leave a person critically injured. Rideshare Accidents. Choosing an Uber or Lyft is a smart decision when a person is unable to operate a vehicle safely or needs transportation in a different city. Unfortunately, nearly 1/3 of rideshare operators have had a car accident on the job. Bus Accidents. Public transportation, tour buses, and school buses are not exempt from vehicle crashes. Bus accidents may involve numerous injured parties. HawkLaw helps individual clients by protecting their rights when a large number of claimants are involved in a case. Bicycle Accidents. Bicycle laws protect Fairforest cyclists by giving them the right-of-way and requiring motor vehicle drivers to exercise extreme caution when approaching them. Still, information released by the NHTSA showed that South Carolina’s bicycle fatality rates were among the worst in the nation. Workers’ Compensation Claims. Injuries sustained on the job can have a crippling effect on a person’s ability to earn their wages. Whether you have been injured at work or experienced a work-related illness, HawkLaw can handle your workers’ compensation claim. Dog Bites. Pet owners have a fiduciary responsibility to protect others from the actions of their animals. Dog bites can cause injuries that can damage skin, muscle, and ligaments, and leave permanent scars. Slip and Falls. A slip-and-fall accident occurs when a person slips, trips, or loses their footing and falls due to improperly maintained walkways, sidewalks, or other flooring. In these instances, it is not uncommon for the owner of the property to attempt to shift liability to the injured party. Hiring a personal injury attorney protects the injured person and helps them establish fault. Dangerous Products. Manufacturers have a responsibility to offer products to the public that are safe for use. When this responsibility is not met, consumers may be injured. Medical Malpractice Cases. Healthcare professionals make mistakes and oversights and occasionally fail to diagnose or misdiagnose their patients. When injuries and illnesses occur as a result of these actions, these professionals must be held accountable. Wrongful Death Actions. Sometimes accidents result in the untimely death of the people we care about. HawkLaw represents the families and loved ones of these victims in wrongful death claims that help offset the costs of final expenses, future earning losses, pain and suffering, and more. The type and severity of a person’s injury are insignificant in terms of our firm’s ability to handle your case. Our firm has successfully handled claims for all types of accident victims with numerous types of injuries. How Much Time Does a Fairforest Injury Lawsuit Take? There is no set time frame for a personal injury case. Every case is different, and the length of time it takes for a case to settle is determined by numerous factors such as: The extent and severity of the injuries The number of parties involved Current court caseload Laws that govern the amount of time allotted for responding to claims, discovery, etc. Some cases may be settled out of court in a matter of months, while others may involve litigation (the filing of a court case against the insurer or at-fault party) and take up to or over a year. Our goal as your attorneys is to move as quickly as possible to help resolve your case. Questions to Ask a Personal Injury Lawyer Near Fairforest During the Consultation Hiring a personal injury attorney who takes cases in Fairforest is a serious decision. You want to look at more than just their advertising campaigns. For example, you can look at our website to see how much experience our team has, who our team members are, and what results we'd had for other clients*. You should be able to do that with any potential lawyer. Once you've narrowed down your selection, you can ask your potential attorney: How many cases have you tried? Not all cases can be settled out of court. An attorney with trial experience is needed if you need to file a lawsuit against an insurer. Do you have experience with my type of accident/injury? Some attorneys focus their practice solely on one specific type of accident or injury. If your injury does not fall within the scope of their work, they will not be a good fit. Are client testimonials available for review? Many law firms will offer testimonials on their websites. Checking Google or Yelp reviews is another way to vet a potential firm. How will I pay for my attorney’s services? Many personal injury firms operate on a contingency basis, which means they will not collect their fee until your case has been settled. It is important to understand the fee structure and when payment for fees and costs will be expected. How frequently will I receive communication and updates about my case? It can be frustrating for a client to hire an attorney only to realize they do not receive as many case updates as they expected. Find out how often you’ll receive updates, correspondence, and communication from your attorney. Above all, your attorney should be experienced and compassionate, with a professional demeanor that makes you comfortable and understood. If you do not experience this with a potential attorney, it may not be a good fit. At HawkLaw, our team of attorneys and staff members have the knowledge and skills to handle your claim while treating you with the dignity and respect you deserve. How Does a Personal Injury Lawsuit Work in South Carolina? If you did not hire a personal injury attorney immediately after your Fairforest accident, you still have time to get legal representation. You may hire an attorney to represent you at any point in your personal injury claims process. Once you’ve hired a lawyer, they’ll handle all aspects of your case including: Collecting evidence. Documents like like police reports and medical professional statements, as well as eyewitness accounts, accident footage, CCTV footage, and photographs, can all help your case. Determining liability. Accidents that involve multiple parties and insurers can become complex. Your attorney will review your case and determine how your claim should be filed. Determining a value for your claim. An experienced attorney understands the law as it pertains to policy limits, injuries, and fair compensation. With a lawyer from HawkLaw on your side, you’ll have an additional layer of protection from lowball, unfair settlement offers. After the initial collection of evidence, your attorney will file a claim on your behalf and negotiate the terms of a potential settlement with the insurance carrier. Many cases are settled out of court through these negotiations. If a settlement is not reached, your attorney will file a lawsuit on your behalf. Once a case is filed, your attorney will: File discovery. Discovery is the process by which your attorney collects statements, facts, documents, and evidence from the insurance carrier and opposing parties to help build your case. Hire experts when needed. Expert testimony may be needed to help garner your case. Your attorney will hire and meet with these experts and obtain reports from them to file with the court. Represent you in court. This includes preparing you for trial and what to expect, and arguing on your behalf in front of a judge and/or jury. Get you your compensation. After you win, your award will likely be placed in trust. From there, any outstanding bills and liens will be paid. Once that's finished, your lawyer can facilitate the transfer of funds for any settlement that you are awarded. How Can I Afford to Hire a Personal Injury Attorney Near Fairforest? After an injury, a person may find themselves financially strapped due to medical bills, therapies, and missed work. We understand. At HawkLaw, we operate on a contingency fee* basis. That means there's no upfront cost to you to work with a personal injury attorney serving Fairforest from our firm. Do You Have a Personal Injury Lawyer Near Me? HawkLaw has offices throughout the state of South Carolina serving major cities and suburbs. Fairforest residents should contact our Spartanburg office located at 5506 Reidville Road, Moore, SC, 29369, near the intersection of Reidville Road and Hollifield Lane. If you're coming up 417, make a right by the salon and drive about .3 miles. We'll be on the left. We have additional locations in Anderson, Greenville, Charleston, and Columbia. Helping Injured Folks in Fairforest Get Justice If you were injured in or near Fairforest – or any part of South Carolina – you don't have to be alone. We invite you to call or contact HawkLaw today and let an experienced personal injury lawyer serving Fairforest help you find a new path forward. *Previous results are not a guarantee of outcome or results for your case; every case is different. ### West Greenville Personal Injury Lawyer Injuries can happen at any time or any place, and there is no shortage of scenarios in which they can occur. Even the most cautious individuals may still fall victim to the negligent actions of others, resulting in serious injuries or even lifelong disability or death. When this happens, a personal injury suit is an option that many take to pursue compensation for medical expenses, emotional trauma, or a forced change in lifestyle due to the injury. If you're considering legal action against the negligent parties responsible for your injuries, hiring a West Greenville personal injury lawyer is an important first step. Do I Really Need a West Greenville Personal Injury Lawyer? While you're not legally required to hire a lawyer for a personal injury lawsuit, doing so may significantly increase your chances of securing fair compensation. Working with a local personal injury attorney in West Greenville – one who is familiar with local ordinances and state laws regarding negligence – also means that you'll be spending less time filing paperwork and compiling evidence and more time focusing on healing from your injuries. What Sets HawkLaw Apart Hiring a lawyer locally is a great first step to securing a solid personal injury claim, but you'll also want to make sure that your lawyer has plenty of verified successes in the courtroom as well as positive testimonials from past clients. HawkLaw has proudly recovered over $200 million in damages* for our clients in a diverse array of personal injury cases, and we've dedicated over 20 years to serving our communities in South Carolina. What Is a Personal Injury Claim? A personal injury claim is a legal process that allows victims who have been injured due to negligence to pursue compensation for the damages that they've suffered. A person may file a personal injury claim for physical injuries such as brain or spinal cord injuries, burns, or broken bones, or for actions that may encompass more than just physical injury such as sexual abuse or nursing home abuse. You don't necessarily need to be a direct victim of a negligent party; if your loved one is killed or severely injured due to the harmful actions of others, you may be able to file a lawsuit for your own losses, or on behalf of your loved one for ongoing care. Types of Personal Injury Cases We Take HawkLaw represents people who are seriously injured because of others' negligence. Many of our clients seek our counsel for help with: Car, Truck, and Other Vehicle Claims Car accidents, motorcycle accidents and truck accidents are among the most common causes of injury. The injuries that result from motor vehicle accidents are often very serious, especially in the case of an intoxicated or distracted driver, which means that the cost of medical bills and property damage are very high. Our team of West Greenville personal injury attorneys is exceptionally talented in gathering evidence and negotiating settlements in these cases, and many other related ones such as: Pedestrian accidents Rideshare accidents Bus accidents Bicycle accidents Work-Related Injury Claims Most South Carolinians spend more time at work than at home, and that can increase the risk of a serious injury. This is especially true if you work a physically demanding or dangerous job such as construction or manufacturing. While workers' compensation is one avenue for help after a work-related injury or illness, if a worker is harmed due to negligence (whether from an employer, co-worker, or someone else), they may be able to pursue a personal injury claim. Dangerous Properties Premises liability laws essentially state that a property owner has a duty to prevent their visitors from being harmed while on their property. For example, if a person slips and falls in an icy parking lot of a grocery store or if a neighbor's dog gets loose and bites a person knocking on their door, the property owner or manager can be sued for the injuries that occur as a result. This protection may even extend to trespassers if the victim is a child or if the trespasser was intentionally harmed through malicious means. Dangerous Products Manufacturers of harmful products can also be held liable for their negligent actions. This can include medications with life-threatening side effects, poorly prepared food that makes consumers sick, or beauty products that cause skin rashes. It may also include building materials that contain toxic elements such as lead or asbestos. Whether the manufacturer knowingly put these dangerous products on the market or they did not keep up with the testing required to prevent serious injury or illness to consumers, the public has a right to seek compensation for the damages they suffered as a result of poorly developed products. Our firm takes dangerous product cases very seriously and if we believe that others have suffered in addition to our clients, there may be grounds for a class action. Medical Negligence and Malpractice Doctors, nurses, dentists, and all other medical professionals have a legal obligation to provide care and advice that will not cause avoidable harm to their patients. If this duty is breached, whether intentional or not, there may be grounds for a medical negligence lawsuit. For example, if a surgeon fails to sanitize their equipment before a procedure and their patient suffers an infection as a result, the patient or their family may be able to sue for their suffering or loss. Wrongful Death In all of the types of personal injury cases listed above, there is always a risk of death as a result of the incident that occurred. When a person dies as a result of the negligence of another person, business, or organization, their family has a right to sue for their loss and the suffering that their loved one endured. In wrongful death cases, it's common for our clients to not only receive compensation for the emotional trauma that comes with losing a loved one, but also for the burden of medical debt that their loved one may have left behind as well as funeral and burial expenses. How Long Will My Injury Case in West Greenville Take? The length of time that a personal injury case may take can differ significantly depending on the specific circumstances surrounding the case. For example, a car accident that was captured on camera and seen by multiple witnesses is typically more "open and shut" than a case involving a long-term (but not life-threatening) illness or injury. Beyond this, other factors beyond either the plaintiff's, defendant's, or even the Court's control may contribute to a shorter or longer settlement process. This is one of many reasons why it's important to contact a lawyer as soon as you make the decision to file a personal injury suit. Not only will collecting evidence and filing paperwork alone take many weeks or months to complete, but you also generally only have three years from the date of the accident to file due to South Carolina's statute of limitations. Except in very rare cases, once the statute of limitations is up, you will lose your opportunity to seek compensation for your injury. How Much Is My West Greenville Injury Claim Worth? Every case is different, so we cannot estimate the costs of your claim without understanding the nature of your case. What we can say is that all injury victims can seek to recoup their losses. Damages are generally organized into two categories in South Carolina – economic and non-economic . Economic damages include the quantifiable financial losses that you've sustained due to negligence. Examples include: Medical bills, including therapy, medications, and treatment cost Lost wages and income due to your inability to work Damage to your property Non-economic damages, on the other hand, are more subjective. Examples of non-economic damages may include: Physical pain and suffering Emotional trauma, such as depression, anxiety, or PTSD Loss of opportunity due to emotional trauma, such as the inability to find work or socialize Disfigurement Loss of consortium Loss of enjoyment of life Because non-economic damages are not tangible, there is often disagreement between the parties about how much should be awarded. This is why having an experienced West Greenville injury lawyer on your side may be beneficial. At HawkLaw, we have years of experience negotiating for fair and just settlement offers. And if those negotiations fail, we are always prepared to try cases in front of a judge and jury. The Personal Injury Claims Process in South Carolina Regardless of why you or a loved one is seeking compensation, the process of filing a personal injury suit generally follows the same guidelines. Once you have sought medical attention and hired us as your legal representation, we can: Review all your documentation and reports. We look at your medical records, employment records, police report (if applicable), and any immediately available videos or photos. With this information, we can deduce who may be liable and assess your current (and potential) medicals expenses, lost wages and related costs. File a claim, generally with an insurance company: We start with an insurance claim, in most cases. We create a demand letter that speaks to your losses and we send it to the insurance company. Negotiate: We may need to go back-and-forth with the insurance company a few times, but often, we can reach a fair settlement offer for your losses. Pursue legal action: If a fair settlement cannot be reached, we can file a personal injury lawsuit in Circuit Court. Once the lawsuit has been filed, we begin the discovery process, which includes: Taking depositions Submitting interrogatories Requesting any and all evidence and documentation the defense has Making appropriate pre-trial motions regarding discovery and evidence Hiring expert witnesses to help with your case Renegotiate: At this point in the process, we may open up negotiations again with the defense, to see if a fair settlement can be reached. Often, insurance companies and other defendants are more willing to negotiate in good faith because they realize we are willing to go to trial. Trial: If these final negotiations fail, we try your case. As you can see, the personal injury claims process has a lot of moving parts. Fortunately, hiring a lawyer for personal injury makes this process a lot easier for you; your law firm handles almost all of it, including communicating with the negligent parties and insurance companies, gathering evidence, and filing paperwork at the correct deadlines. Do You Have a West Greenville Personal Injury Lawyer Near Me? HawkLaw serves most of South Carolina, and has offices all over the state, including Greenville. If you're based in West Greenville or any other area of the city, our office is conveniently located at 3 Caledon Court, Unit A, Greenville, SC 29615, right off Pelham Road, next to Bimini's Oyster Bar and Seafood Cafe. Contact a West Greenville Injury Attorney Today Regardless of the event that has caused you to consider filing a personal injury suit, we understand that you're likely going through an incredibly difficult time in your life and feeling anxious about the future. HawkLaw prides itself not only on our decades of experience in personal injury cases but our dedication to serving as advocates to members of our community who have struggled to get their voices heard. Whether you're just beginning the claims process or you're looking for advice on how to navigate a current claim, our West Greenville injury attorneys want to hear from you. Contact us today to learn more about how we can help. ### Car Accident Lawyer Serving Nicholtown A serious injury from a car crash can change everything in the blink of an eye. Suddenly, the plans you made for yourself and your family don't seem quite as possible. If you're worried about your bills and being out of work, and how you're going to protect your family, it's time to call a HawkLaw car accident lawyer serving Nicholtown. Our only goal is to help you get the money you need so you can focus on healing. What Should You Do After a Car Accident in Nicholtown? If you are in a car accident in Nicholtown, call 9-1-1. Even if you think you're fine, some injuries can take a few hours to present fully. That means you may not even know how injured you are. Other than seeking medical attention, you should: Try to move your car to safety, if you can. If you can move the car, do so; getting it out of the road can help the ambulance, too. Call the local police. If you called 9-1-1, the police will show up automatically. If you didn't call 9-1-1, then call the local police department and ask them to come. You'll want that traffic report later. Take pictures of everything. Take photos or video of your car, the road, the street signs, the other vehicle – even of yourself. Exchange information with the other driver. Names, phone numbers, insurance information: ask for it all. Do not admit to any fault of apologize for anything. Things to do in the coming days and weeks If you suffered an injury, make sure you follow up with your doctor. You want to keep to their treatment schedule because it is your best chance at recovering your health. It is also the right move for your case. Keep a record of all documents related to the accident and your injuries. This includes police reports, medical records, and any communication with insurance companies. Finally, a word of caution: be wary of engaging directly with the other party's lawyer or insurance provider. Avoid signing any documents or agreeing to settlements without consulting your own car accident lawyer serving Nicholtown. Why Do Car Accidents Happen? Car accidents can occur for many reasons, but in our experience, driver error and negligence is often the cause. Some of the most frequent contributors to car accidents in South Carolina include: Distracted Driving: This is one of the leading causes of car accidents nationwide. Activities such as texting, using a smartphone, eating, or even adjusting the radio can divert attention from the road. Speeding: Driving above the speed limit or too fast for road conditions reduces the driver's ability to react in time to avoid a collision. Drunk Driving: Despite strict laws and penalties, driving under the influence of alcohol or drugs remains a significant factor in serious and fatal car accidents. Reckless Driving: Actions such as improper lane changes, tailgating, and disregarding traffic signals can lead to dangerous situations on the road. Failure to Yield the Right of Way: Not adhering to yield signs or giving the right of way when required can result in collisions at intersections or while merging. Driving in Poor Weather: Heavy rain, fog, ice, and snow can impair visibility and vehicle control, contributing to accidents. Of course, not every wreck is a driver's fault. Deer will run out on the roads unexpectedly, and some roads are in such poor condition that they're the cause of the crash. A defective brake can lead to a crash just like a defective seat belt can contribute to your injuries. At HawkLaw, we understand that the causes of car accidents in Nicholtown can vary, and that this can play a role in your case. Our job is to use the evidence to prove that someone else's negligence caused the crash and your resulting injuries, and that those injuries are affecting your life in a significant way. Where Do Most Car Accidents Happen? High-traffic zones such as intersections, congested roadways, and areas near schools or shopping centers are common sites for collisions. In Nicholtown, for example, Laurens Road is part of the “High Injury Network," meaning it's one of the most dangerous roads in the area. Additionally, roads that are poorly lit or lack proper signage can also be treacherous, leading to higher instances of accidents, especially during the night or under adverse weather conditions. Rural roads shouldn't be underestimated either; despite appearing less dangerous due to lower traffic volumes, they often have higher speed limits and less oversight, contributing to severe accidents. Nicholtown may not have many rural roads, but it's worth remembering for when you travel. Serious Injuries Caused by Car Accidents Any type of crash can lead to an injury, and some can take much longer to heal. At HawkLaw, our car accident attorneys help folks in Nicholtown who have sustained injuries such as: Back Injuries: These can vary from strains and sprains to more severe conditions such as herniated discs, which can cause chronic pain and mobility issues. Neck Injuries: Whiplash is the most well-known neck injury associated with car accidents. It results from the sudden movement of the head and neck, leading to pain, stiffness, and sometimes long-term discomfort. Spinal Injuries: The impact of a car accident can cause damage to the spine, potentially leading to significant nerve damage or even paralysis. Brain Injuries: Traumatic brain injuries (TBI) can occur when the head is hit or jolted hard enough. Symptoms can be mild, like concussions, or severe, affecting cognitive function and quality of life. Broken Bones: The force of a collision can easily break or fracture bones, particularly in the arms, legs, ribs, and pelvis. Cuts and Lacerations: Shattered glass or metal can cause cuts, which may require stitches and could lead to scarring or infection. Internal Injuries: These are particularly dangerous because they may not be immediately noticeable. Injuries to organs or internal bleeding can be life-threatening if not treated promptly. The adrenaline rush after a car accident can mask pain and injuries. A thorough medical examination is key to identifying and treating any injuries quickly. This is why we keep saying to follow your doctors' orders: it could be the difference between recovery and a lifelong disability. The Long-Term Effects of Car Accident Injuries There's more to car accident injuries than the immediate pain and harm. Serious injuries can take years to heal; some may never fully heal at all. As such, you might face steep medical bills for treatments and emergency procedures, particularly if you have a pre-existing condition. The financial burden doesn't end with healthcare costs, either; vehicle repairs (or replacement) coupled with potential hikes in insurance premiums can cause a serious strain on your finances. If you can't pay your bills, your credit score will tank; if your credit score tanks, there goes any chance at getting a new apartment or home loan, car loan, or maybe even that new job you were eyeballing. And then there's the pain. Some injuries will lead to physical disabilities or chronic pain, hindering your daily activities and diminishing your overall quality of life. The mental and emotional toll, including stress, anxiety, or even PTSD, can make it hard to spend time with friends and family, let alone go to work. Add in some mobility issues and suddenly, that so-called car accident settlement offer from the insurance company doesn't look so good, does it? This is why we want you to call our car accident lawyers. A serious injury can really snowball, and your whole life can be affected. By diving into every aspect of how your injury has disrupted your life—from emergency surgery expenses to the loss of ability to engage in hobbies or familial duties — we can build a case tailored to your needs. Who Pays for My Injuries From a Car Accident? In South Carolina, the at-fault driver's insurance company is typically responsible for covering the damages incurred by the injured parties. This means that once fault is determined, the insurance policy of the driver who caused the accident should cover medical expenses, lost wages, and other associated costs. The process begins with filing a claim against the at-fault driver's insurance company. The insurance provider will then investigate the accident, review evidence, and assess the damages. Our team will do the same: we also review medical records, police reports, photos and videos of the scene, and another other documentation and evidence there is. We do this because the insurance company – even the one you've been paying premiums to for years – doesn't want to pay out on claims. It wants to keep the money that comes in. Our job is to make sure that you get the compensation you deserve. How Does Car Insurance Work? According to the South Carolina Department of Insurance, every car owner must have proof of financial responsibility to cover any potential car accidents. This proof is typically obtained through auto liability insurance, which is a legal requirement in the state. Liability insurance covers bodily injury and property damage that the at-fault driver causes to others. In addition to standard liability coverage, South Carolina law also mandates uninsured motorist (UM) coverage. This protects you if you are involved in an accident with a driver who lacks insurance. We recommend getting underinsured motorist (UIM) coverage, too, as it provides additional protection if the at-fault driver's insurance limits are insufficient to cover your damages fully. Both UM and UIM coverages act as safeguards, ensuring that you are not left with significant out-of-pocket expenses if you encounter an underinsured or uninsured driver. Can I Sue After a Car Accident Near Nicholtown? If you've been involved in a car accident and the at-fault driver's insurance doesn't cover all your expenses or denies your claim, you may have grounds to file a lawsuit. In cases where the other driver was particularly negligent or reckless, suing can also serve as a form of accountability, potentially preventing similar incidents in the future. Consult with a car accident lawyer to evaluate the specifics of your case. They can help you determine the viability of a lawsuit based on the evidence and circumstances surrounding the accident. An experienced lawyer can navigate the complexities of the legal system, gather crucial evidence, and advocate for your best interests in court, ensuring you receive the full compensation you're entitled to. Taking legal action can provide a clearer path to financial and emotional recovery, making it an option worth considering if you're facing significant post-accident challenges. Potential damages for your car crash claim Generally, you can seek two types of damages: economic and non-economic. Economic damages include things like medical bills, vehicle repairs, lost wages, property loss, and more. If you can count it or get a receipt for it, it's probably an economic damage. Non-economic damages are different. They include things like emotional and mental trauma, pain and suffering, loss of enjoyment of life, and other intangibles. Average Car Accident Settlement in South Carolina In South Carolina, the average car accident settlement varies based on several factors, including the state's comparative negligence rule. This rule allows compensation even if you are partially at fault, but the amount is reduced by your percentage of liability. Settlements also depend on the extent of injuries, damages incurred, and the strength of the evidence presented. A skilled car accident lawyer taking cases in Nicholtown can significantly boost your chances of securing the maximum possible compensation by advocating on your behalf. Is There a Statute of Limitations on Car Accidents? Yes, there is a statute of limitations for car accident claims in South Carolina. You have three years from the date of the accident to file a personal injury lawsuit. There may be some exceptions based on the exact circumstances of your case, so the smart move is to contact a car accident lawyer near Nicholtown as soon as possible. What Does a Car Accident Lawyer Even Do for Nicholtown Injury Victims? At HawkLaw, we provide guidance and support for our personal injury clients at every step, offering advice about their options. We serve as your fighter in the ring against the insurance companies. But as also: Investigate your case and determine the full extent of your losses: We meticulously gather evidence, such as accident reports, witness statements, and medical records, to build a strong case. Review your insurance policy: We examine your insurance policy to understand the coverage available and review all potential benefits are utilized. Communicate with the relevant third parties: We handle all communications with insurance companies, law enforcement, and other involved parties, allowing you to focus on recovery. File a lawsuit on your behalf: If a fair settlement cannot be reached, we can file a lawsuit and let a jury decide. Our willingness to take cases to trial is well-known in this part of the state. How Much Does a Car Accident Lawyer Cost? At HawkLaw, we understand the financial strain that follows a car accident. That’s why we operate on a contingency fee* basis, meaning you don't pay any upfront fees. We only get paid if we win your case. Our commitment is to help secure the compensation you deserve while you focus on your recovery. Do You Have a Car Accident Lawyer Near Me? HawkLaw maintains multiple offices throughout South Carolina. Our Nicholtown clients are closest to our office in Greenville at 3 Caledon Court. We're located off Pelham Road in the professional park; there's plenty of onsite parking as well as a bus stop a few block away. We also have offices in Spartanburg, Columbia, Charleston and Anderson to better serve our clients throughout South Carolina. Injured In Nicholtown? Contact a Car Accident Lawyer at HawkLaw For Help If you’ve been injured in a car accident in Nicholtown, don’t navigate the aftermath alone. At HawkLaw, we offer personalized, compassionate legal support to help you secure the compensation you deserve. Our experienced team will handle the complexities of your case, allowing you to focus on recovery. Reach out to us today for a consultation and take the first step towards reclaiming your life. ### Personal Injury Lawyer Serving Magnolia Acres If you get injured at no fault of your own, there are legal options available to help you fight for your rights and obtain financial compensation. The personal injury claims process can be difficult, but you don't have to go through it alone. Getting strong legal representation is essential to ensuring that you can get the maximum settlement possible for your injuries. Working with a personal injury lawyer serving Magnolia Acres can make a difference. The dedicated personal injury lawyers at HawkLaw can assist you today. With over $200 million recovered for our clients, you can rest easy knowing that our experienced and dedicated personal injury lawyers will help you fight for your right to recover financial compensation. Magnolia Acres cases are primarily handled out of our Greenville office. Do I Have a Personal Injury Case? It's important to know that not all injuries can lead to a personal injury case. In order to understand if you do have a case, consider the following: Was there negligence or fault? To make a personal injury claim, it's important to establish fault. To do that, you need to understand negligence, which is when another party fails to act within their legal duty of care to prevent an accident from occurring. If your injuries were the result of someone's negligence or intent on harming you, then you may have a case. How long ago was your injury? It's essential to file a personal injury claim as soon as possible as it generally becomes more difficult to seek compensation as time passes. Also, bear in mind the statute of limitations for personal injury, which in South Carolina is generally three years from the date of injury. What damages have you suffered? Take an inventory of the damages you've suffered and figure out how much compensation you should seek. Evaluating damages can be as easy as examining your medical bills, but remember that you can also seek compensation for damages such as loss of enjoyment of life, pain and suffering, emotional trauma, and missed work. The above are general guidelines, but it's always best to consult with a personal injury lawyer, who can give you insight regarding your specific case. An attorney from HawkLaw can answer any questions you have. Common Types of Personal Injury Claims in Magnolia Acres Our personal injury attorneys near Magnolia Acres work on a wide range of cases, but some of the most common types include: Auto Accidents: Collisions are often caused by distracted, drunk, or speeding motorists. Slip and Falls (Or Premises Liability): Injuries can occur when property owners fail to maintain safe conditions. Wrongful Death: Reckless or negligent actions can unfortunately be fatal in some cases. Defective Products (Or Product Liability): Faulty household appliances, auto parts, and other products can cause serious harm. Dog Bites: Uncontrolled pets can lead to bites and other injuries, sometimes with long-term complications. Medical Malpractice: Misdiagnosis, surgical errors, or medication mistakes can be life-changing. What Does a Personal Injury Lawyer Do for Magnolia Acres Clients? Personal injury lawyers can help handle a variety of challenges you'll face following an accident. Some of these include: Taking care of communications. The at-fault party or insurance companies may try to contact you after your injury and get you to settle for less. In some cases, they may even try to get you to admit fault. A personal injury lawyer can handle these conversations for you so you have the best chance of receiving a fair settlement. Obtaining evidence and consulting with experts. Personal injury lawyers can assist you in gathering evidence and tracking down witnesses. They can also consult with investigative or medical experts. All this can help illustrate the severity of the damages sustained and prove the negligence of the at-fault party. Assessing and calculating damages. It can be hard to keep track of all the damages you sustained due to your injury. A personal injury lawyer near Magnolia Acres can assist you in ensuring all of your damages are accounted for as you pursue compensation. Negotiating on your behalf. You'll never have to settle for less. Personal injury lawyers will fight to ensure that your personal injury claim value accurately reflects the damages you've suffered. Is it Worth Hiring a Personal Injury Attorney Near Magnolia Acres? Remember, no matter whose fault the accident may have been, insurance companies aren't going to automatically side with you. Even if your injuries are at no fault of your own, most insurance companies will default to giving you the bare minimum amount of compensation. This is why it's essential to consult with a lawyer to recover as much compensation as you can. At the very least, it's always worth consulting with a personal injury lawyer serving Magnolia Acres before you accept any settlement offer. There are typically no upfront costs* to speaking and working with an attorney, as most operate on a contingency* basis. This means that they only get paid if they recover compensation for you. If you can't recover a settlement, you owe nothing at all*. While you're injured, it's tough to file your own personal injury claim and deal with all of the legal work required to recover a settlement. While receiving a settlement is extremely important, so is your well-being. It's critical that you focus on what matters the most, your health. As you focus on your recovery, get help from a lawyer so you can fight for the maximum amount of compensation possible. How Much Compensation Am I Likely to Get for My Personal Injury Claim? Unfortunately, there's no way to know exactly how much compensation you can receive for your personal injury without working with an attorney. Some personal injury claims can result in millions and others thousands. Settlements vary from case to case because even similar types of injuries can involve different treatments and recovery times, among numerous other considerations. Consult a Personal Injury Lawyer Serving Magnolia Acres Today If you were in an accident that resulted in injury, don't wait to contact HawkLaw's personal injury lawyers serving Magnolia Acres. We can help you determine if you have a case and assist you in filing a claim for a settlement There are no fees* if you don't win, so there's no risk in getting in touch with one of our attorneys to get the help you need. Our lawyers are ready to help the residents of Magnolia Acres and others throughout South Carolina file their personal injury claims and fight for compensation. Contact us today to learn more. ### Slip and Fall Lawyer Anderson, SC If you’ve experienced a slip and fall accident in Anderson, SC, you don’t have to navigate the aftermath alone. Slip and fall accidents can result in pain, extensive medical costs, and unpaid time off from work. At HawkLaw, we understand the overwhelming challenges victims face and the impact such incidents can have on their daily lives and long-term well-being. Our dedicated slip and fall accident lawyers are committed to providing steadfast support and aggressive representation to help you seek compensation. Whether you’re dealing with uncooperative property owners or insurance companies aiming to minimize your claim, HawkLaw will advocate for your rights. How Do Slip and Falls Happen? Slip and fall accidents occur in many settings, often due to a property owner's failure to maintain a safe environment. These incidents can happen in grocery stores, restaurants, workplaces, or even private residences, and they frequently result in serious injuries like broken bones, head trauma, or sprains. Common causes of slip and fall accidents include: Wet or Icy Surfaces: Spills, leaks, or untreated ice on walkways create slippery and hazardous conditions. Objects on the Floor: Items left in walkways, such as cords or boxes, can lead to unexpected trips. Loose Flooring: Damaged tiles, warped floorboards, or unsecured rugs can catch your foot and cause a fall. Uneven Surfaces: Cracks in sidewalks, potholes, or poorly maintained stairs pose significant risks, especially in dim lighting. What to Do After Slip and Fall Accident in Anderson A slip and fall accident can be surprising and embarrassing, but what you do in the immediate aftermath of the accident can greatly impact the outcome of any future claim. It is essential to remain calm and take the following steps. Seek Medical Treatment Your health is the top priority. It is important to seek medical attention and be evaluated, even if you believe your injuries are minor. Many injuries, such as fractures, concussions, or soft tissue damage, may not show immediate symptoms but can worsen over time. A thorough medical examination not only ensures proper treatment but also creates a record linking your injuries to the accident. Additionally, follow through with any prescribed treatments or follow-up appointments. Gaps in medical care could give the impression that your injuries are not serious and weaken your claim. Report the Accident Notify the property owner or other relevant authority about the incident as soon as possible. Request that they create a formal slip and fall incident report and provide you a copy. In reporting the accident, avoid speculating about fault or minimizing your injuries. These statements may be used later to challenge your claim. If your injuries prevent you from filing a report immediately, consider asking a friend or family member to do so for you. Capture the Scene One of the most critical steps you can take is documenting the accident scene. Use your smartphone to take clear photos or videos of: The exact location where you fell. Any hazards that contributed to your accident (e.g., wet floors or uneven pavement). Warning signs—or the lack thereof—indicating potential dangers. Lighting conditions or other environmental factors. Witness statements can also provide valuable third-party perspectives in your case. Create a Record of Your Damages Keep a detailed record of the accident's physical, emotional, and financial impacts. This should include: Medical bills: Itemized statements for hospital visits, tests, surgeries, or rehabilitation. Lost wages: A statement from your employer showing time missed from work. Pain and suffering: A journal detailing how your injuries affect your daily life and mental well-being. Property damage: For example, if a personal item like a phone or glasses was damaged during the fall. These records are evidence that is essential for calculating the extent of your slip and fall injury compensation and strengthening your slip and fall injury claims. Should I Get a Lawyer for a Slip and Fall in Anderson? Even if your injury case seems straightforward, consulting an experienced Anderson slip and fall lawyer is essential. At HawkLaw, our slip and fall injury lawyers can: Assess the circumstances of your accident. Identify liable parties. Negotiate for fair slip and fall injury settlement amounts. Represent you in court if necessary. Insurance companies often aim to minimize payouts, but with legal guidance, you can fight for the compensation you’re entitled to. How Are Slip and Fall Settlements Calculated? Calculating a slip and fall injury compensation amount is a complex process that takes many factors into consideration, including: Medical expenses (current and future). Lost income and reduced earning capacity. Pain and suffering. Property damage and other costs. Every case is unique, and settlement amounts depend on factors including the severity of your injuries, the extent of negligence, and the evidence supporting your claim. Who is Liable in a Slip and Fall Accident? In most slip and fall accident cases, the property owner is held responsible. To prove liability, you must demonstrate that the owner knew—or should have known—about the hazard on their property and did not address it. Get Help From Our Anderson Slip and Fall Lawyer If you’ve been injured in a slip and fall incident, the aftermath can be overwhelming. Medical bills, lost wages, and physical pain often leave victims feeling uncertain about their future. You don’t have to face this alone. At HawkLaw, our team of experienced slip and fall injury lawyers in Anderson, SC, is dedicated to fighting for your rights and helping you secure the compensation you deserve. Whether your case involves minor injuries or life-changing consequences, we approach every situation with the same commitment to achieving justice. Contact us to schedule a free consultation* and take the first step toward recovery and peace of mind. Let HawkLaw be your trusted advocate in your pursuit of justice. ### Car Accident Lawyer Serving Saxon When navigating the aftermath of a car accident, having the right legal support can make all the difference. In South Carolina, the frequency of motor vehicle accidents is staggering, with a collision occurring every 3.7 minutes, according to the South Carolina Traffic Collision Fact Book (2022). This alarming statistic highlights the importance of having a car accident lawyer serving Saxon by your side to help you understand your rights and options. At HawkLaw, we are dedicated to helping car accident victims through this challenging time, so they may receive the compensation they deserve for someone else's negligence. I Was In a Car Accident. Should I Get a Lawyer? Consulting with a lawyer after a Saxon car accident is highly recommended, regardless of the severity of the injuries or damages involved. A skilled personal injury attorney can help you navigate complex insurance claims, gather essential evidence, and protect your legal rights. Additionally, a car accident attorney serving Saxon can provide invaluable advice on how to deal with medical bills, lost wages, and other financial burdens that may arise. Often, insurance companies try to minimize payouts; having a lawyer on your side can balance the scales and increase your chances of receiving fair compensation. Seeking legal counsel early on can have a significant effect on the results of your case by allowing you to preserve evidence, prevent common mistakes, and file an injury lawsuit on time. South Carolina Car Accident Laws Car accidents are not rare in South Carolina, especially not in Spartanburg County. In fact, the county ranks highest in the state for fatal car accidents. South Carolina car accident laws establish protections for victims and rules for how compensation may be paid out in the event of a car crash. Typically, the driver who caused the collision is responsible for the damages for their negligence, which can include actions like speeding or texting while driving. Additionally, South Carolina has a statute of limitations for filing car accident claims – this means you must file an injury lawsuit, in most cases, within three years from the date of the accident. An experienced lawyer can help comply with all legal requirements, such as correctly filing the accident report and interpreting the nuances of state laws. Is South Carolina an At-Fault State? Saxon, South Carolina adheres to a modified comparative negligence rule. Thus, the person responsible for causing the accident is required to pay for the victim's injuries and other damages. Such a person may be an employer of a trucking company or an insurer bound by contract to cover the policyholder's negligent actions. However, establishing liability is not easy; in most cases, it involves proving to a jury that the at-fault driver acted negligently, such as by speeding, driving under the influence, or ignoring traffic laws. If you are partially at fault for the accident, your compensation will likely be reduced by the percentage that you are at fault. If you are more than 50% at fault, you may not be able to recover any damages at all. This nuanced approach to fault and negligence highlights why having a skilled car accident lawyer on your side is critical. Compensation for Car Accidents Compensation for car accidents generally includes both economic and non-economic damages. Economic damages cover calculable losses, which may include medical expenses or property damage. Non-economic damages, on the other hand, address losses that are much more difficult to calculate, like pain and suffering. This is where the legal expertise of a car wreck attorney comes into play. An experienced South Carolina lawyer can be invaluable in negotiating higher non-economic damages. They understand how to effectively present evidence and arguments that highlight the extent to which an accident has affected your quality of life, significantly influencing the settlement amount so that it accurately reflects your current and future losses. By leveraging their knowledge and skills, your attorney can help secure a more comprehensive settlement that addresses both your financial and emotional needs. How Much Can a Lawyer Get You for a Saxon Car Accident? The dollar amount a lawyer can help you secure for a car accident varies widely based on how severe your injuries are, how much property damage was involved, and other factors. A skilled motor vehicle accident attorney serving Saxon will meticulously assess your case, gather all necessary evidence, and accurately calculate both economic and non-economic damages to present a strong claim. This comprehensive approach can significantly influence the settlement amount to highlight the full impact of the accident on your life. While no lawyer can guarantee a specific amount, their knowledge and legal skills can significantly enhance the likelihood of achieving a favorable outcome. How Long Does It Take to Get a Settlement After an Accident? The time it takes to reach a settlement after a car accident can vary widely based on several factors. One of the primary factors is the complexity of the case. When multiple drivers are involved or fault is unclear, the settlement process can take longer. Additionally, the severity of injuries and the necessity for ongoing medical treatment can also impact the timeline, as additional time may be needed to fully understand a victim's future medical expenses. In addition, insurance companies also influence the time it takes to settle a case. Some may offer a settlement quickly but often at a low amount. A thorough investigation and negotiation process led by an experienced car crash lawyer can unpack the true value of your claim. How Does HawkLaw Approach Car Accident Cases in South Carolina? At HawkLaw, we approach car accident cases with a client-focused strategy, while leveraging our extensive experience and a strong track record of proven results. Our team is adept at handling the complexities of South Carolina car accident laws and is dedicated to providing personalized legal services tailored to each client's unique situation. We conduct a thorough investigation to gather relevant evidence, such as police reports and witness statements. Our attorneys are skilled in negotiation tactics and can often recover a settlement without the need for litigation. Very few civil lawsuits go to trial. But if a trial becomes necessary, we are ready to fight for our clients in court. HawkLaw's commitment to excellence and client satisfaction is reflected in our numerous successful case results. We pride ourselves on being accessible and responsive, keeping clients informed at every stage of the process, and providing the support they need during such a challenging time. Looking for a Car Accident Lawyer Near Saxon, SC? Contact HawkLaw Today Dealing with the aftermath of a car accident can be overwhelming, but you don't have to face it alone. At HawkLaw, our experienced motor vehicle accident attorneys serving Saxon are here to provide you with the support and guidance you need. You can trust us to efficiently and effectively handle every aspect of your case, from initial investigation to settlement. Reach out today for a consultation and take the first step toward recovery. ### Car Accident Lawyer Serving Arcadia A car accident can cause significant injuries that reshape a person’s future. Simultaneously, they can also cost thousands in damages, lost wages, and medical bills. If you're hurt in an Arcadia car wreck, HawkLaw, P.A. is available to represent you through this life-altering event. Understanding the steps to take after an accident, and how an attorney can benefit you, are key to recovering your life and your financial footing. What Should I Do After a Car Accident in Arcadia, South Carolina? It's normal to feel shaken after a car accident, especially if you've been injured, but there are crucial steps you can take to preserve your health and financial well-being: Call 911. If you've been seriously injured, seek immediate medical attention. Otherwise, speak with police officers who arrive at the scene – they can create an official police report about the accident. Exchange relevant information with the other party. Exchange names, phone numbers, email addresses, and insurance details. Take pictures with your phone or record videos to document everything, from the site of the accident to injuries and road conditions. If there were witnesses to the accident, gather their names and phone numbers. They may be able to provide an account of the incident that can support your claim. Did you speak with the police right after the accident where the damages exceeded $1,000 or there was a fatality? Remember, South Carolina law requires you to file a police report in such cases, so you must do so immediately. At the same time, notify your insurance company right away that you’ve been hurt in a car accident so you can begin the claims process. You can contact a car accident lawyer serving Arcadia from the scene of your accident. Contacting a car wreck lawyer as soon as possible gives them the most opportunity to help you with your claim, including preventing mistakes and preserving relevant evidence. How Long After a Car Accident Can You Get a Lawyer? Hiring an attorney may be the last thing on your mind on the day of your accident, but securing timely legal representation is essential to protect your interests and help you with filing a compensation claim. Missed deadlines, inconclusive evidence, and red tape with insurance companies are all difficult to deal with alone. There is no time requirement for hiring an attorney, but South Carolina law states that you must file a claim for damages within three years from the date of your accident. The sooner you obtain legal representation, the sooner you can begin to build your case and potentially receive compensation for damages and injuries. South Carolina Car Accident Laws Laws that govern car accidents differ from state to state. In South Carolina, several rules affect your ability to obtain compensation for a claim. Comparative Negligence. South Carolina follows a comparative negligence rule. This means if a driver is found to be at fault (at least in part) for an accident, they may still recover compensation for a claim, but at a discounted rate. If a driver is found to be 51% or more at fault, they may not recover any compensation. Statute of Limitations. In South Carolina, you have three years from the date of an auto accident to file a claim against another involved party. Car Accident Insurance. Drivers in Arcadia, SC, are required to carry liability insurance for bodily injury, property damage, and uninsured motorists coverage. These policies protect drivers if they are at fault in an accident, or if they are involved in an accident with an underinsured/uninsured motorist. Compensation For Car Accidents Car accidents can cost thousands in damages and medical bills, but they can also result in non-economic damages that are intangible losses such as: Pain and suffering Physical limitation or disfigurement Mental and emotional distress Loss of companionship Additionally, punitive damages may be paid to a party if the defendant's actions were particularly egregious or reckless. Punitive damages in South Carolina are typically capped at $500,000, or three times the amount of actual damages, whichever is greater — however, there are some exceptions to this rule. A car accident lawyer who takes cases in Arcadia can help you understand the amounts you may be entitled to receive and how those amounts may be calculated. Common Causes of Car Accidents in Arcadia Car accidents are frequently caused by distracted drivers or drivers not obeying traffic laws. In Arcadia, some intersections are infamous for producing car accidents. The intersection of NC 11 and NC 87 in East Arcadia was responsible for 34 car accidents between 2016 and 2020. Additionally, backcountry roads that seem familiar to drivers who travel along them can create a false sense of security, making them exceed the speed limit or pay divided attention to the road. Recently, two people were injured (one fatally) when two vehicles collided near the intersection of Pinewood Rd. and Cody Rd. in Sumter County. Injuries may occur in any accident, but the likelihood of them being severe or life-threatening increases when passengers and drivers choose to avoid safety belts. Crashes that happen along Arcadia roadways when safety belts are not in use can even result in fatalities. How Can a HawkLaw Car Accident Lawyer Help Me in Arcadia? The decision to hire legal representation should never be taken lightly. If you are injured in a car accident in or near Arcadia, a lawyer from HawkLaw can help by: Taking the burden of the initial stages of accident investigation and communication with relevant third parties: Your attorney will be able to help with collecting evidence, obtaining traffic camera footage, and negotiating with insurance adjusters on your behalf. Filing a car accident injury claim: For claims to be accepted, they need to be filed timely and correctly. A skilled South Carolina lawyer will help ensure that your claim is taken seriously and not dismissed at face value. Litigation, if necessary: In some cases, claims disputes result in litigation. If necessary, your attorney will prepare you for trial, present arguments on your behalf, and produce evidence in court to support your case. Hiring an attorney to represent you in your auto accident is a smart decision that can help take the headache out of the process. Hurt In an Arcadia Car Accident? An Attorney at HawkLaw Wants to Hear From You Car accidents are traumatic, but hiring an attorney who is local to the Arcadia area can help you build your case and file your claim with confidence. Our team of attorneys is active in our local community and familiar with local weather conditions, dangerous roadways, and other factors that contribute to car wrecks. Our team has helped many victims receive millions in damages in recovery. Contact us today to learn how we can give you the assistance you need. ### Cherokee Springs Car Accident Lawyer Cherokee Springs is a bustling town that sees its fair share of vehicle traffic throughout the year. Unfortunately, with this traffic comes an increased risk of car accidents. If you or a family member has been involved in a car accident in Cherokee Springs, it is important to have a competent and experienced car accident lawyer by your side. Why Should I Hire a Car Accident Attorney at HawkLaw? Experiencing a car accident can be overwhelming. With so much at stake, from your health to your financial well-being, you need a car accident lawyer who understands what you are going through and will fight for your rights. At HawkLaw, our attorneys will stand by your side through this challenging time and provide skilled legal representation to help you secure a fair outcome for your case. Our team brings a wealth of knowledge and experience to the table and will handle your case with the utmost care. Following your car wreck, an attorney at HawkLaw can help you: Comprehensively assess your case and losses: Our car accident attorneys review every detail of your case so that nothing is overlooked. This thorough investigation allows us to determine the full impact of your accident, including medical expenses and other losses. Communicate with the relevant third parties: Dealing with insurers and other parties can be daunting, especially when you are dealing with an army of lawyers on the other side. Our attorneys take on this responsibility so you can focus on your recovery with the assurance that all legal communications will be effectively handled on your behalf. Negotiate with the insurance company: Many insurance companies will avoid paying a fair sum to the car crash victim in order to preserve their bottom line. We understand this and know how to negotiate with insurers to help you secure the payout you rightfully deserve. File a lawsuit on your behalf:  If a fair settlement is not reached, our legal team is fully prepared to file a lawsuit and continue the fight for you in court. Represent you in a trial, if necessary: Most car accident cases are settled outside of court, but a trial is sometimes necessary. Should this happen, our attorneys will provide you with strong representation, advocating on your behalf every step of the way. At HawkLaw, our priority is your recovery and well-being. By entrusting us with your car accident case, you will not just get a lawyer; you will get an experienced team committed to helping you secure the compensation you deserve. What Should I Do If I Am Injured in Cherokee Springs? Taking the right steps after a car accident in Cherokee Springs is imperative to your safety and any potential legal action. Here is what you should do if you find yourself in such a situation: Call 911 in case of an emergency:  It is vital to get immediate medical attention for any serious injuries. A dispatcher can quickly send emergency services to the accident scene. Pull over to a safer area, if possible: In minor accidents, attempt to move all vehicles to the side of the road to keep traffic moving. Ensure everyone is safe: Check on all parties involved for any injuries. Avoid moving anyone who is severely injured, as this may cause further harm. Contact the local police for help: It is important to have an official report filed by the police. Even if you believe you may be partially at fault for the accident, you must cooperate with the police. Gather contact information from other parties and witnesses: Make sure to obtain the names, phone numbers, addresses, and insurance information from all drivers involved, as well as the contact information of any witnesses to the accident. Collect as much evidence as possible: Take photos of the accident scene, documenting the road conditions, injuries sustained, as well as the vehicles involved in the crash. This documentation can be invaluable later on. Set up a consultation with a Cherokee Springs car accident lawyer: Even if your injuries seem minor, consulting with a car wreck lawyer can provide you with guidance on your next steps. Whose Car Insurance Pays For an Accident? Determining which car insurance company is responsible for covering the expenses incurred in a car accident often depends on several factors, including state laws and the specifics of the insurance policies involved. Generally, the insurer of the party found at fault for the accident is expected to pay for damages and injuries. Unfortunately, in some cases, the other party may be uninsured. In South Carolina, you are required to have uninsured motorists coverage, which covers your injuries and other damages if you are involved in an accident with an uninsured or hit-and-run driver. Sometimes, the other party may have insurance, but not enough to cover your damages. In this case, having coverage for underinsured motorists coverage can help compensate you. Dealing with insurance companies can be intricate and sometimes adversarial, as they often attempt to minimize payouts. A skilled car accident lawyer can advocate for your rights and help you navigate the insurance claims process as smoothly as possible. Should I Talk to the Other Insurance Company After an Accident? After a car accident, you may wonder whether you should communicate directly with the other party's insurance company. While it is necessary to report the accident to your own insurer, dealing directly with the other insurance company can be tricky and may not always be in your best interest. The conversations may involve a dispute regarding who is at fault, whether the insurer is providing a fair valuation of your claim, or if they are delaying payment due to bad faith reasons. You may inadvertently accept a low settlement or sign a document accepting part of the blame. A car accident lawyer can navigate these conversations on your behalf and take measures to prevent you from receiving a lower settlement than you deserve. They understand how to counter the tactics insurance companies often employ to minimize payouts. An experienced car accident attorney can handle all communications with the other insurance company and help protect your interests. Cherokee Springs Accident | Treatment For Car Accident Injuries A Cherokee Springs car crash can lead to a number of injuries, ranging from minor bruises and lacerations to more severe ones like whiplash, fractures, brain injuries, and spinal cord injuries. Car accident injuries can vary greatly. Your recovery may depend on things like the severity of the accident, the specific injuries sustained, the quality and timeliness of the emergency response, and pre-existing medical conditions. You must seek immediate medical attention following a car accident, even if you feel fine. Emergency care focuses on stabilizing the patient and addressing any life-threatening injuries. Following initial treatment, the recovery process may involve a combination of specialized medical care, physical therapy, and, in some cases, surgeries or long-term rehabilitation programs. The path to recovery after a car accident is unique for each individual. Your overall health, age, and your body's response to treatment play significant roles in the healing process. This is why it is important to follow through with your recommended treatment plan after sustaining injuries in a car accident. How Much Money Can You Get From a Car Accident Settlement? Your total settlement amount after a car wreck will depend on numerous factors: How severe are your injuries? What does the treatment plan look like for you? What were the circumstances surrounding the accident? What are the strengths and types of evidence collected? Each case is unique, and while some settlements may amount to thousands of dollars, others can reach into the millions. These settlements typically take into account both economic and non-economic damages, such as: Economic Damages Medical bills (hospitalization, surgeries, medical procedures, emergency care, doctor’s appointments, and prescriptions) Medical devices and mobility equipment Physical therapy Long-term care expenses Loss of income Loss of earning capacity Property damage Diminished value of property Funeral expenses Non-Economic Damages Pain and suffering Mental anguish Loss of quality of life Physical impairment, disfigurement, or disability Loss of consortium/companionship How Long Does a Car Accident Settlement Take? The timeline for a car accident settlement can vary based on the specifics of the case. Settlements can take months or even years to reach completion. The duration is often extended by factors like the complexity of the case, the extent of the damages incurred, and the amount of time needed to accurately assess the full impact of injuries on the victim's life. Additionally, if the case involves a substantial amount of damages, insurance companies may take longer to agree to a fair settlement, as they meticulously review every detail. An experienced car accident attorney can help expedite the settlement process by pushing for a timely resolution so you may get the compensation you need to ease your financial burden after a car wreck. How Does a Car Accident Affect Your Life? A car accident's effects stretch far beyond the immediate aftermath, often altering the course of one’s life significantly. Sometimes, physical injuries can lead to a mountain of medical bills, some of which may not be fully covered by insurance. Unfortunately, the financial burden does not stop there. The cost of vehicle repairs or replacement can quickly escalate, adding to the stress. On a day-to-day level, you might struggle with mobility, unable to drive or perform basic tasks without assistance, which can further strain personal relationships and diminish your overall quality of life. Financial pressures can also mount due to loss of income in cases where the injuries prevent you from returning to work. A Cherokee Springs car accident lawyer delves into every facet of how another's negligence has disrupted your life. From covering emergency surgery bills to compensating for the loss of ability to partake in hobbies or activities that once brought you joy, our approach is thorough. We strive to build a compelling case that fully represents the breadth of harm suffered, ensuring you receive comprehensive compensation. When Should You Call a Lawyer After a Car Accident? How quickly you contact a lawyer after a car accident can have a significant effect on the outcome of your case. It is advisable to reach out to a car wreck attorney as soon as possible. Under the applicable statute of limitations, you have three years from the date of the accident to file an injury lawsuit. In other words, a delay in initiating legal proceedings could prevent you from claiming compensation. Engaging an attorney early on also provides your lawyer with enough time to meticulously prepare your case, gather necessary evidence, and navigate the complex legal landscape that surrounds car accidents. The sooner you have a dedicated car accident lawyer working for you, the better positioned you will be to address the challenges that follow a car wreck. How Much Do Lawyers Charge For Car Accident Cases? Legal fees* for car accident cases can vary, but many car accident lawyers work on a contingency fee* basis. This means that your attorney will receive a percentage of the settlement or award won in the case. This way, your lawyer's compensation is directly tied to their incentive to help you secure a fair outcome. Hurt In a Car Accident? Contact HawkLaw For Help Securing Compensation If you have been hurt in a car accident, securing compensation for your injuries is crucial. HawkLaw's experienced local car accident attorneys can support you through this challenging time. With convenient locations in Greenville, Charleston, Spartanburg, and Columbia, our team leverages extensive legal experience to deliver results* that mark the difference between a low payout and a well-deserved compensation. Contact HawkLaw today, and let us help you move forward. ### Car Accident Lawyer Serving Overbrook A car accident can turn your life upside down. From physical injuries to financial stress, the aftermath of a car accident can be overwhelming. Navigating insurance claims, medical bills, and potential legal battles only adds to the complexity and stress. This is where an experienced car accident lawyer serving Overbrook can help. At HawkLaw, our car accident lawyers near Overbrook are dedicated to guiding you through every step of the legal process. From filing your claim to negotiating with insurance companies, we work tirelessly to help you recover the compensation you deserve. Our team is committed to easing your burdens so you can focus on your recovery. Is It Worth Getting an Attorney for a Car Accident? Deciding whether to engage an attorney following a car accident is a pivotal decision that can greatly influence the outcome of your case. Car accident cases can soon become complex, involving intricate legal and insurance issues that a layperson may not be equipped to handle. A skilled and knowledgeable car accident lawyer can help ensure that your rights are protected in a lawsuit. Attorneys are adept at managing the maze of paperwork that accompanies legal claims and are strict about adhering to the statutes of limitations, meaning you won't miss critical deadlines. They also have the negotiation experience needed to effectively deal with insurance companies, who often aim to minimize the total payout. With a car accident lawyer serving Overbrook, you stand a better chance of receiving a fair settlement that reflects the full extent of your injuries and losses. Can I Sue After a Car Accident? Absolutely, you have the right to pursue legal action if you've been hurt in a car accident due to another party's negligence. Even if you suspect you were slightly at fault, you shouldn't automatically assume it disqualifies you from seeking justice and compensation in Overbrook. South Carolina operates under a modified comparative negligence rule. This means that even if you were partially at fault for the accident, you might still be able to recover damages, provided your level of fault is less than 50%. However, your compensation will be reduced by the percentage of your fault. The key here is determining the degree of liability involved and how it impacted the parties. It is advisable to consult with an Overbrook car accident lawyer as soon as possible to evaluate the merits of your case. Steps In a Car Accident Lawsuit Below is a general overview of the key steps in a South Carolina car accident lawsuit: Hiring a Car Accident Lawyer: A car accident attorney possesses an in-depth understanding of the law and practice, which they can leverage to effectively fight for your rights. It is important to take the time to choose the right lawyer who can provide the guidance and representation you need for your car crash lawsuit. Gathering Evidence: A South Carolina car accident lawyer meticulously collects and examines evidence to support your claim. This may include photos from the accident scene, witness statements, and medical reports. It is important to note that not all evidence is admissible in court; hearsay without exception or privileged information is generally excluded. This is why you need an attorney trained in gathering and presenting relevant evidence. Filing a Car Accident Lawsuit: A lawsuit formally starts with filing a complaint. This document lays out the basis of the lawsuit – it details the plaintiff’s allegations against the defendant as well as the relief sought. This step transitions the matter from a preparatory phase to active litigation, setting the stage for the legal process to unfold. Serving the Defendant: Once the pleading is filed, it must be formally served on the negligent party to notify them about the lawsuit and their role as the defendant. The law mandates a specific timeframe within which the defendant must respond to the allegations, either admitting or denying them. This response is a critical element of the legal process, as it lays down the issues that will be contested during the lawsuit. Pre-trial Procedures: This phase starts with the plaintiff’s attorney determining the most appropriate court in which to file the case. Once the case is filed, the pre-trial period begins, characterized by a series of motions that could include a motion to dismiss, a motion for summary judgment, or a motion to discover. These motions are strategic tools used by either party to strengthen their position or even resolve the case before it reaches trial. Discovery: During discovery, both parties exchange crucial information pertaining to the case. This process allows each side to seek documentation, like black box data in truck accident lawsuits. Pre-trial Conference: A pre-trial conference involves a meeting with the judge to streamline the trial process and encourage settlement discussions. It's an opportunity to address any outstanding issues and set timelines for concluding pre-trial activities. Trial and Appeal: In the trial phase, the parties present their arguments, evidence, and witnesses to either a judge or a jury, depending on the case specifics. Following the trial, should one party feel dissatisfied with the verdict, they have the option to appeal to seek a review of the trial for errors. Each of these steps plays a vital role in ensuring that your case is accurately presented and that you have the best chance of receiving the compensation you deserve. With the guidance of a skilled car accident lawyer serving Overbrook, you can navigate these steps with confidence, knowing that your interests are being protected at every turn. How Long Does a Car Accident Lawsuit Take? The duration of a car accident lawsuit can vary widely based on numerous factors, such as: Severity of Injuries: Serious injuries may require longer recovery times, which can delay proceedings. Gathering Evidence: Collecting and assessing evidence, like medical expenses, can take time and impact the lawsuit's timeline. Determining Liability: Establishing who is at fault and to what degree can involve lengthy investigations. Insurance Coverage: The amount of insurance coverage available can affect the duration of settlement negotiations. Legal and Court Delays: Scheduling issues, court backlogs, and procedural matters can also extend the time needed to resolve a case. A car accident lawyer can give you a better estimate of how long your particular case might take by evaluating the specific details and complexities involved. How Much Is the Average Settlement for a Car Accident? The average settlement for a car accident varies widely due to the multitude of factors that come into play with each case. Settlement amounts can range from a few thousand dollars for minor incidents to several million dollars for accidents resulting in severe injuries or fatalities. Factors that influence compensation amount include the severity of the injuries sustained, the extent of property damage, loss of wages, and the impact on the victim's quality of life. Additionally, the specifics of each case, such as the non-economic harm involved, can play critical roles in shaping the final settlement figure. How Are Car Accident Settlements Calculated? Calculating car accident settlements involves a detailed assessment of both economic and non-economic damages. Economic damages refer to the tangible, financial losses suffered due to the accident. These include medical expenses for immediate and ongoing treatment, lost wages if the victim is unable to work, and property damage, such as repair or replacement costs for the vehicle. Non-economic damages, on the other hand, cover intangible losses like pain and suffering, emotional distress, loss of enjoyment of life, and, in some cases, loss of consortium. Quantifying these damages can be more complex as they don't have a direct monetary value attached. Lawyers and insurance adjusters often use multipliers or formulas based on the severity of the injury and the impact on the individual's life to estimate a fair amount for these damages. What to Look for in a Car Accident Lawyer Serving Overbrook When searching for a car accident lawyer who fights for Overbrook clients, it is essential to choose a law firm well-versed in the legal landscape. You want a lawyer who has a track record of handling car accident cases successfully. Their familiarity with car accident laws, court procedures, and the local Overbrook traffic patterns and accident hotspots can significantly influence the outcome of your case. Additionally, it is important to hire an attorney who practices clear and straightforward communication. Your lawyer should be able to demystify the legal jargon to ensure you’re well-informed every step of the way. What to Ask a Car Accident Lawyer It is important to have a good understanding of what to expect from your legal representation. Here are some critical questions you should consider asking during your initial consultation: What information and documentation do you need from me to start working on my case? Could you walk me through the steps I should take while my case is ongoing? How do you communicate updates and progress about my case to me? Based on your experience, what challenges do you anticipate we may encounter with my case? How is your fee structure organized, and what costs can I expect to incur during the process? Can you provide examples of similar car accident cases you have handled and their outcomes? Asking these questions will help you understand what to expect and find the right lawyer for your case. Looking For a Car Accident Lawyer Serving Overbrook? Call HawkLaw Today If you’re navigating the aftermath of a car accident and need trusted legal guidance, HawkLaw is here to help. Our dedicated team of car accident lawyers near Overbrook has a track record of securing favorable results* for our clients. We understand the challenges you’re facing and are committed to fighting for the compensation you deserve. Don’t let the complexity of your car wreck case overwhelm you. Reach out to HawkLaw today, and let us take the burden off your shoulders. ### Brain Injury Lawyers in Columbia Handling the trauma and aftermath of a serious accident can feel incredibly overwhelming. Even if the other party seems clearly at fault, your injuries might be significant enough to affect your regular functions and ability to act on your claim against that party. Unfortunately, head trauma can be especially serious, affecting your cognitive abilities and other vital functions. That can make it difficult or impossible to recover from your injuries without aid. Fortunately, a Columbia brain injury lawyer from HawkLaw, P.A. can help you take action beginning with a free case evaluation*. What Is a Traumatic Brain Injury? Traumatic brain injuries are a difficult personal injury to manage. There are two primary types of brain injuries you should be aware of, legally speaking. Closed Brain Injury A closed brain injury is one in which the skull is still intact. One of the most common types of closed brain injury is concussion, which is when the brain is shaken in the skull, causing bruising and tearing of brain tissue. Penetrating Brain Injury Brain injury cases in which the skull is broken are known as penetrating brain injuries. More severe car crashes can lead to this kind of injury, which may occur if a piece of metal or glass is pushed through the skull, for example. What Are the Symptoms of a Traumatic Brain Injury? A traumatic brain injury expresses itself through a variety of different symptoms, but they largely revolve around alterations in one's motor functions or emotional regulation. Note that TBIs present differently for different people. Some of the most common symptoms in Columbia brain injury victims include: Agitation Problems with coordination and balance Confusion Trouble sleeping Depression and anxiety Headaches Dizziness Mood swings Nausea Sensitivity to light and/or sound Cognitive problems Who Is Most At-Risk For a TBI in Columbia, SC? Anyone in South Carolina is at risk for a traumatic brain injury, but people who are 75 and older tend to be the most vulnerable, according to the Centers for Disease Control and Prevention (CDC). Additionally, men are nearly twice as likely to be hospitalized and three times more likely to die from a TBI than women. Older people generally tend to be more fragile, and TBIs can occur due to falls or car accidents. Long-Term Effects of Traumatic Brain Injuries A brain injury is unique from other types of injuries, and it may be more difficult to recover. For example, a broken bone may take time and possibly surgery to heal, but you’ll typically be able to fully recover within a set timeframe. A brain injury, however, is often a long-term injury because the brain is so complex. Because the brain is the control center of the body, a traumatic injury to it can affect all your cognitive functions. For example, some people find themselves unable to remember words or communicate clearly with the people around them. Others may suffer from severe memory loss, which makes preparing a claim and getting your compensation far more difficult. These long-term effects can hurt your quality of life, so make sure you have a Columbia attorney on your side. When you’ve suffered brain trauma, you may need help to get the full compensation you deserve, and it starts with a free consultation* from the HawkLaw team. Can the Brain Fully Recover From a Traumatic Head Injury? The brain is the most complex organ in the human body, so it can be difficult to say whether it will ever fully recover from a traumatic head injury. In some cases, recovery is relatively quick, while other TBIs may take weeks or even years to heal. In particularly unfortunate cases, one may never fully recover from a traumatic brain injury. Even mild injuries can lead to trouble down the line. If a doctor says you will likely be fine with some over-the-counter medicine and rest, that does not mean you should not keep an eye on your injury. If the symptoms are not getting better, it is time to go back to the doctor. Rehabilitation is a common part of severe brain injuries in South Carolina. Even if complete healing is not possible, plenty of treatments exist that could help you at least get better at managing the symptoms and lessening their severity. Common Causes of Traumatic Brain Injuries in Columbia The causes of traumatic brain injuries can vary a great deal, but the following are the most common in Columbia, South Carolina. Falling Most traumatic brain injuries are from falls. In fact, nearly half of all brain injuries that occur in the country result from falling. Young children and older adults tend to be the most vulnerable, as they either have not mastered balance or have lost the physical ability to move properly. This has been seen repeatedly in South Carolina personal injury cases. Blunt Trauma Blunt force trauma can cause serious brain injury, and it can occur in children and adults alike. Children may suffer an accident, while blunt trauma can also happen in the workplace due to machinery or falling objects, as is seen in many workers’ compensation and personal injury claims in South Carolina. Motor Vehicle Accidents Car accidents can be particularly tough on the brain. A victim's head can be hit directly in a car accident, but that is not all. Whiplash is a kind of brain injury that results from motor vehicle collisions in which the brain is rattled around inside the skull and potentially gets bruised. Motorcycle accidents and truck accidents can be particularly destructive in personal injury cases, and vehicles sold as defective products can be dangerous, too. How Do You Prove a TBI Case in Columbia, South Carolina? The key to proving a TBI legal case in Columbia is demonstrating that the injury was caused by negligence on the part of someone else. This will allow the injured person to hold the negligent party liable for damages to the brain injury victim. Specifically, the legal definition of negligence in South Carolina involves someone who has a duty of care to the victim violating that duty, which led to the injury. To violate that duty, one must act in such a way that is reckless and would be unexpected of a reasonable person. To prove a TBI case in South Carolina, you must first demonstrate that a TBI has actually occurred. This is done through medical evidence showcasing a variety of symptoms. Testimony and records from a medical professional are essential in arguing that a TBI occurred, which is necessary before you even begin to think about the negligence involved in the incident. A Columbia brain injury attorney can help you through the evidence-gathering process, and it begins with a free consultation*. Compensation for Your Head Trauma in Columbia, SC One of the biggest challenges for your claim in South Carolina may be getting the fair compensation you’re owed. Your recovery may depend on getting both your economic and non-economic damages, which will be used to cover the losses you’ve suffered after your accident. Unfortunately, these damages can be difficult to calculate. The financial losses you’ve suffered may already be overwhelming, for example. Worse, the non-economic damages, otherwise thought of as the intangible losses you’ve suffered, can be difficult to calculate without a lawyer’s tools. For example, it can be hard to tell what your pain and suffering is worth financially. Fortunately, an injury lawyer in Columbia can help you seek out the compensation you deserve. For example, you may be eligible for some of the following damages because of your brain injury. Medical expenses Lost income Pain and suffering Emotional distress Property damage Is TBI a Permanent Disability in South Carolina? TBIs are commonly permanent in the sense that you may be able to receive long-term disability benefits for having one. The case is different for every individual, however, so a TBI does not necessarily guarantee long-term disability. This is particularly true for brain injuries that actually do heal, which is a possibility in some cases. Keep in mind that long-term disability will likely legally require you to submit ongoing proof of impairment to the insurance company. If you have further questions on how your TBI affects your employment, schedule a free consultation* with the Columbia brain injury lawyers at HawkLaw. How Are TBI Settlements Evaluated in Columbia, South Carolina? Every TBI legal case in South Carolina is different, but they are typically evaluated based on several factors working together. The severity of your injury plays a major role, of course, but you also have to consider insurance limits. The legally defined negligence that led to your injury is also essential for the overall evaluation. Plus, you will be evaluated based on the medical care you were given. Specifically, you should seek medical attention and follow medical advice to have the strongest possible case. If you do not, the legal opposition may use your lack of medical treatment to argue that your injury is not serious. What to Look for When Hiring a Traumatic Brain Injury Attorney in Columbia, SC Recovering from a traumatic brain injury is tough enough on its own, so you need an experienced South Carolina brain injury attorney to take care of the legal process for you. You need to find an attorney who actually has your best interests in mind and has experience with injury cases similar to yours. After all, the legal advice you get from a reliable injury lawyer in Columbia can greatly affect the aftermath of your accident. Of course, it is also helpful to get an attorney who offers a free case evaluation* so you can ask your initial questions at no cost. Ready to Contact a Columbia Brain Trauma Attorney? After a severe brain injury, you might be struggling to keep up with basic daily tasks. Things that you do daily may now be especially difficult, so preparing a lawsuit might feel nearly impossible. Fortunately, you still have a chance to recover from your injuries. With the help of a lawyer from HawkLaw, you can work to get the aid you need while you recover from your head trauma. We understand how difficult your recovery may be, so we’ll help you fight back, starting with your free consultation*. Getting the answers you need from a Columbia brain injury lawyer is just a call or click away. Reach out for your free consult* by calling 1-888-HAWK-LAW (429-5529) or by completing the online form below. A Traumatic Brain Injury Can Impact You for the Rest of Your Life We know that a traumatic brain injury can be difficult. Putting your life back together in the wake of such an incident is an enormous challenge, especially considering the medical bills. Seeing it happen to a loved one in a wrongful death case can be even more emotionally taxing. That's why our law firm is happy to take care of the legal issues for you. Get in touch with our team of experienced Columbia personal injury lawyers in South Carolina today for a free case evaluation.* ### Medical Malpractice Lawyer Columbia Injured or ill because your doctor was careless? You have a chance to seek compensation with help from a Columbia, South Carolina malpractice lawyer. You may have turned to your doctor in your time of need as you were dealing with a severe injury or illness. You’ve trusted your doctor for years with your health. Yet, now your health is worsening, and you think your doctor may be to blame. At HawkLaw, we believe you should have a chance to get your maximum compensation for a medical mistake. If you believe your doctor was careless with your health and well-being, a Columbia medical malpractice lawyer can help. What is Medical Malpractice in South Carolina? South Carolina medical malpractice is any incident in which a doctor or someone else in the medical field is negligent to your detriment, whether it is a serious injury or otherwise. This comes in many different forms, as doctors can render their professional services poorly, erroneously, without consent, or while omitting key information that you should have been informed of beforehand. Note that negligence has to be the cause of the problem for it to be a medical malpractice legal issue. Failure to provide proper medical care can apply to virtually anyone in the healthcare industry, including nurses, surgeons, dentists, chiropractors, optometrists, and even pharmacists. Any healthcare provider who causes a personal injury or the wrongful death of a loved one due to their negligence could have a medical malpractice case on their hands. Common Types of Medical Malpractice Cases in Columbia, SC Medical malpractice can be expressed in many ways throughout Columbia, SC, from birth injuries to a failure to diagnose. Here are some of the most common types of medical errors that victims of medical malpractice suffer. Failure to Treat A medical practitioner is obligated to provide follow-up care in addition to the initial treatment and/or diagnosis. While you are free to refuse follow-up treatment, the medical provider must let you know first that it is, in their opinion, medically necessary for them to be acting within the minimum standard of care. Prescription errors can also qualify as a form of failure to treat. Misdiagnosis A misdiagnosis is an instance in which you are either not diagnosed when you should be or are diagnosed incorrectly. This is arguably the most common type of medical malpractice. The consequences of a misdiagnosis can be severe, as conditions that go mistreated can develop into something that is much more difficult to treat. Anesthesia Errors Anesthesia is an essential aspect of just about any surgical procedure across many practice areas, so medical practitioners must get it right. If they do not, the patient may feel pain during their operation or even suffer trauma, brain injuries, or death. Whether the after-surgery instructions were poor or the anesthesia was administered incorrectly, you may have a case for medical malpractice. Surgical Errors Surgical errors come in many different forms, and they can all have dire consequences. Surgery could be performed incorrectly, or the surgeon could have performed the wrong procedure altogether. Additionally, surgical errors can include avoidable damage to organs and tissue, along with failing to sterilize surgical instruments. Sometimes, surgeons even leave equipment inside patients. Note that these can be emergency room errors or errors that take place during scheduled visits. What Are the Requirements for Medical Malpractice in Columbia, SC? Medical malpractice law has specific requirements that need to be fulfilled, so it is not simply a matter of your trip to the doctor not making you feel any better. Medical malpractice is explicitly when the healthcare provider acted with negligence, and you will have to be able to demonstrate this negligence to have a case, similar to personal injury cases. Inherent risks are standard for many medical procedures, and those risks occurring does not necessarily mean that it was a case of medical malpractice. Always consider whether or not the healthcare provider breached their duty of care. Even if they did, you would still have to draw a causal link between their negligence and your suffering. Given the complexity of the situation, you will want legal advice from an experienced Columbia, South Carolina medical malpractice lawyer rather than a general personal injury lawyer. Liability for Columbia Medical Malpractice When you are hurt because your doctor was careless, you first need to know who’s at fault for your losses. For example, you may have found your doctor left a surgical tool inside you, but is the doctor financially responsible? In many cases, you may not be able to sue the doctor directly. Doctors often work under doctor or hospital groups. These groups may take responsibility for medical malpractice lawsuits, providing defense attorneys for doctors and any funds for compensation. This keeps the doctors from paying out of pocket, but it can also make it difficult to determine who’s at fault for your losses and what compensation you are due. Luckily, your Columbia malpractice lawyer can step in and help you seek compensation by the at-fault party without all the confusion. Schedule a free consultation* with our team to begin your case. How Long Do You Have to Sue for Medical Malpractice in Columbia, South Carolina? The statute of limitations for a medical malpractice claim in South Carolina is three years from the date of the malpractice or the reasonable date by which you should have discovered that medical negligence took place. In South Carolina, you will also find that the state has a different standard for cases in which a foreign object, like a medical instrument, was left inside a patient. These cases must be filed no later than two years after discovering the foreign object. If you decide to move forward with a lawsuit, you must also file a notice of intent with all of the healthcare professionals involved. They will then have 90 days to participate in a mediation conference. Additionally, you must file a medical affidavit with the court before your suit that cites a medical expert as an expert witness. A Columbia medical malpractice attorney from a reliable law office can help you gather everything necessary for filing the suit. Compensation for Injured Columbia Patients When you are hurt because your doctor was careless, you may need help determining what your compensation is worth. That compensation should include the costs and losses you have suffered because of the accident, also called damages. These damages should cover not just the economic damages you have suffered but also the mental and emotional trauma you have experienced because of your injuries. For example, if your doctor left a surgical tool inside you, you may need a second surgery to repair that damage. That’s not just an expensive surgery — that can cause more physical pain, and the experience may have shaken your trust in medical professionals. Looking for compensation? Your medical malpractice lawyer in Columbia may be able to help you get compensation for the following damages, among others: Medical bills Lost income Household services Pain and suffering Loss of enjoyment of life Emotional trauma How Long Do Malpractice Suits Take to Finish in South Carolina? When it comes to medical malpractice suits, cases tend to take several years, whether you are in Columbia, Lexington, Charleston, Rock Hill, Sumter, or Myrtle Beach. This is largely due to the complicated nature of these cases and the severity of the transgression and subsequent payout. That is why it is always helpful to get a medical malpractice attorney from an experienced South Carolina law firm involved as soon as possible. Even with lawyers speeding up the case, however, you should still expect the process to take years. Given the variety of South Carolina medical malpractice cases that can occur due to the sheer number of medical procedures and treatments that exist, every case has to be fact-based. This particular focus tends to add to the total time compared to something like a car accident case. Connect With a Medical Malpractice Lawyer in Columbia When you are hurt by a doctor, it can be difficult to recover. Your doctor is a medical professional, which means they may have access to tools and resources you wouldn’t have. Unfortunately, that leaves many people thinking they do not have any hope of suing their doctor. That is not true, though. Your medical malpractice lawyer at HawkLaw is here to help. If you have been injured because your doctor was negligent, you may have grounds for a lawsuit. If you are unsure, your lawyer can talk to you during a free consultation* about your claim. Speak to an experienced Columbia medical malpractice lawyer today by calling 1-888-HAWK-LAW (429-5529) or by completing the online contact form. ### Slip-and-Fall Lawyer Columbia Ad Web Team: Photo If you’ve been injured in a slip-and-fall accident, you may be entitled to compensation for your losses. Reach out for help from a Columbia fall injury lawyer for help seeking compensation for your losses. When you’re out on someone else’s property, they must make their property safe for everyone. Whether that’s a home you were invited to, an apartment complex, or a store, you should be safe from harm, within reason. That means, for example, placing warning signs, verbally warning you, or blocking off dangerous areas. Unfortunately, the property owner may not have been careful with your safety, and now you’ve slipped and fallen. If this happens to you, contact a lawyer from HawkLaw. Your Columbia slip-and-fall lawyer can help you get the answers you need for your injury claim. Slip-And-Fall Injuries Are Serious If you’re hurt in a slip-and-fall accident, you might be worried that your losses are not severe enough to count. You might think it was just a fall, so what compensation could come from it? These accidents can be severe, and you could suffer serious injuries if you slip and fall. For example, if your head hit the floor, you may have suffered a concussion, disrupting your life. You might have trouble with your memory and concentration, making work, school, and even daily tasks difficult. Broken bones and spinal injuries are also common. These injuries can be painful, costly, and impactful in a long-term sense, so reach out if you have suffered any of these injuries or others in a slip-and-fall accident. You may be eligible for compensation that covers those injuries. Common Slip-and-Fall Injuries in Columbia, South Carolina Poor and unsafe conditions contribute to slip-and-fall injuries. From broken pavement to spills, loose tiles, and torn carpeting inside buildings, unsafe walking conditions could cause you to fall and get hurt. If the property manager, tenant, or property owner knew about or should have known about these issues and did not address the situation, they could be held responsible. Common injuries in slip-and-fall cases include, but may not be limited to, the following. Traumatic Brain Injuries Traumatic brain injuries (TBIs) are some of the most severe and difficult to prove injuries. They can change the entire life of the person who suffered them, often permanently. They are called invisible injuries because they can cause a wide range of symptoms with no easily apparent visible cause. Symptoms from a TBI can include mood swings, emotional trauma, difficulty enjoying life, phantom limb pain, and more. Because your brain controls your entire body, you may experience problems ranging from loss of coordination to cardiovascular problems and even paralysis or wrongful death. Broken Bones Broken bones come in a wide range of severity. Hairline fractures cause sharp pain but tend to heal quickly. Clean breaks can heal in around six weeks. Compound fractures that pierce the skin can take up to 12 weeks to heal and may be followed by months of physical therapy and medical treatment, with some incidences leaving lifelong symptoms like limb pain, loss of strength, limping, and the like. Fractured Hip A fractured hip may heal completely or leave you with lifelong complications. The older the victim, the more risk a fractured hip poses. Personal injury cases involving fractures in the hip can be tricky, especially when injury victims have pre-existing injuries such as osteoporosis, which weakens the skeletal system. Your personal injury lawyer at HawkLaw can help you prove that your fall caused your injury and help you fight for the compensation you deserve. Types of Accidents That Lead to a Slip-and-Fall in Columbia, South Carolina An individual can be harmed by a slip-and-fall in numerous ways. Hazardous conditions that can lead to injuries include poor lighting, cracks or holes in the pavement of parking lots, unmarked wet areas on the floor (leaving you unaware of the danger), broken handrails, damaged walkways, cracked tile, icy pavement, loose stairs, torn or frayed carpeting, and many others. If you have suffered an injury on someone’s property due to a dangerous condition that the responsible party should have addressed in advance, our experienced Columbia personal injury lawyers at HawkLaw are ready to help. Under South Carolina law, you may be entitled to significant compensation for your medical expenses, lost wages, and non-economic damages. Contact our law firm for a free case evaluation* and legal advice. What is the Statute of Limitations for Slip-and-Fall Injuries in South Carolina? In general, the statute of limitations for premises liability injuries is three years from the accident date. For wrongful death cases, it is three years from the date of death. However, it is important to remember that this may not be absolute, and exceptions do exist. While it is always best to file your lawsuit quickly, you may not be completely ineligible if you miss the statute of limitations. It can be tricky to pursue a case that is beyond the three-year time frame, but if you have suffered broken bones, head injuries, or any other type of injury from a South Carolina slip-and-fall caused by a property owner’s negligence, call HawkLaw at 888-HAWKLAW or use our online contact form. Our premises liability lawyers are ready to listen, and HawkLaw fights to win. How Will My Past Medical History Affect My Case? If your slip-and-fall accident exacerbated a pre-existing condition, your case will likely become more challenging. When this happens to you, your slip-and-fall accidents lawyer must prove that the fall caused more damage to the pre-existing injury. For example, if you already have a bad shoulder and file a slip-and-fall claim based on a shoulder injury, it will be essential to show that the fall injured the shoulder beyond the existing injury. This is why it is so important to have the assistance of a Columbia personal injury accident attorney. We know how to structure arguments related to these complex legal issues and will fight for your right to compensation when the insurance company tries to avoid paying your claim. Determining Liability for a Premise Liability Case in Columbia Liability lies at the heart of almost every personal injury case. At its most basic, it means that someone violated a duty of care toward others by behaving irresponsibly or failing to behave responsibly. This irresponsible act led to an accident in which the injured person got hurt. In a slip-and-fall case, several factors come into play to determine if liability lies with the property owner. First, did the property owner know about the unsafe conditions, or should they have known about them? Did they, in turn, fail to address the danger by not repairing them or warning the guests of a hazard? Alternatively, was there a failure of routine maintenance that caused the property to be unsafe? If any of these conditions apply, a Columbia slip-and-fall attorney may be able to fight for fair compensation to cover your medical bills, lost wages, pain and suffering, and other damages. How to Win a Case for Slip-and-Fall Winning a South Carolina slip-and-fall case means you must prove that your injuries occurred due to property owner negligence. This proof can come from a variety of sources. The strongest evidence includes witnesses to the incident and video evidence such as surveillance footage. In the case of indoor accidents, such as at a restaurant or hotel, often the business will have security cameras. If you get hurt outside, it may be possible for your slip-and-fall accident lawyer to secure footage from parking cameras or other cameras surrounding the area that may have captured the incident. If you do not have witnesses or footage, we may be able to take other avenues. Never assume that you do not have a case. If you, a family member, or another loved one has been hurt due to someone else’s negligence, contact a Columbia personal injury attorney to discuss your case right away. Compensation For Columbia Residents You’ll need to understand what your Columbia claim is worth, which can be tough to calculate. It’s difficult to stay on top of your expenses when you’re hurt, and you might not have the tools you need to calculate your losses. Fortunately, your Columbia fall injury attorney has the tools you need. They can help determine the worth of your financial losses and the intangible suffering you’ve experienced in the wake of the accident. If you’ve suffered any of the following financial and non-financial losses in Columbia, you may have grounds to seek compensation for these losses. Medical costs Lost income Household services during recovery, such as housekeeping Pain and suffering Loss of enjoyment of life Calculating a Claim in Columbia, South Carolina Calculating your claim can be complex. You should allow your attorney to handle this to get full and fair compensation for your injuries. It may seem straightforward to total the cost of lost wages and medical bills, but you usually cannot sue for ongoing expenses. Your lawsuit will involve a lump sum. Your attorney knows how to estimate the full value of your injuries to fight for enough to cover past, present, and future losses. In addition, your attorney will apply a formula to determine what noneconomic injuries like pain and suffering, emotional distress, PTSD, loss of consortium, loss of enjoyment in life, loss of comfort and support, and other invisible injuries may be worth. If you get hurt, do not go it alone. Talk to an attorney at HawkLaw. We will stand by your side every step of the way in your Columbia slip-and-fall accident case. Remember, HawkLaw fights to win. Talk to a Columbia Slip-and-Fall Injury Attorney Suffering through a slip-and-fall accident can take a toll on you, not just physically but emotionally. You’re stuck with the pain and suffering of a serious accident, but you are also unsure how to file a lawsuit, seek out compensation, and recover financially from your fall. At HawkLaw, we know that dealing with the aftermath of an accident is tough. That is why you may need to start by taking advantage of a free consultation* with a Columbia slip-and-fall lawyer. If you have questions about your claim, call 1-888-HAWK-LAW (429-5529) or fill out the online form below. Meta: Learn about slip-and fall-accident cases, why they are complex, and how a personal injury attorney at HawkLaw can fight for compensation for you. ### Uber Accident Lawyers In Columbia When you are in a rideshare accident, it can be tough to identify the person responsible for your injuries. You may need a Columbia lawyer’s help when your Uber trip goes wrong. If you are going to an event in Columbia, or if you are heading to Columbia Metropolitan Airport, taking your own car may be more hassle than it is worth. Many people choose instead to take an Uber or Lyft and save time. However, that does not mean you are immune to accidents. Instead, you may have been seriously injured as a passenger, and now you need a Columbia rideshare accident lawyer. At HawkLaw, P.A., we know getting compensated as a passenger can be tough, so seek out help now for your rideshare crash. Steps to Take After an Uber Accident in Columbia, South Carolina Taking the right steps after a South Carolina Uber accident is essential for your health and future compensation. The following steps will help see you through the car crash. Step One: Seek Medical Attention Before anything else, you should always seek necessary medical attention after a Columbia Uber accident. Whether this is for yourself or any other accident victims, the most important factor is always protecting safety and avoiding wrongful death. This is especially important if your Uber was involved in a truck accident, which is statistically more dangerous. Plus, you will need medical records as evidence for your personal injury insurance claim. Step Two: Call the Police In addition to contacting health services, you should contact the police to secure the scene and properly direct traffic around it. The initial police report will serve as a valuable piece of evidence in your case. Step Three: Call a Columbia Uber Accident Attorney Before you contact any insurance agents or discuss how to move forward with the other people involved in the accident, you should hire a Columbia Uber accident attorney. Get contact information from others involved in the accident as well as any witnesses. Always consult a Columbia, South Carolina car accident lawyer before taking additional action or accepting any settlement offer. Step Four: File a Report With Uber Filing an accident report with Uber is fairly simple. Because you were an active passenger during the accident, it is likely that Uber's insurance will cover the costs of any medical expenses and property damage. You can file your report with Uber directly from their app or website. How Does the Insurance Work After an Uber Accident? Insurance for an Uber vehicle accident can be complicated because they are considered independent contractors. The applicable insurance depends on the job status of the driver at the time of the accident. If they are on the clock, insurance works differently than it would if you are a passenger in a friend's car who is an Uber driver but not currently on the job. Essentially, there are three scenarios to remember when determining how insurance will work after an Uber accident. If the Uber driver is on the job and actively transporting passengers after a pick-up, their personal vehicle is considered a commercial vehicle. In that case, Uber's commercial insurance policy will cover injuries and property damage. If the motorist is not on the clock, their vehicle is no longer considered a commercial vehicle, and the driver’s insurance policy will come into play. The situation becomes complicated if you are in an accident with an Uber driver who is on the clock but not currently transporting passengers. While technically still on the clock, being between active fares means the rideshare driver is not transporting anyone at the time of the accident. Because of this, Uber's insurance policy may not apply. Instead, you will likely have to deal with a contingent insurance policy from the driver. Responsibility for Your Claim When you are hurt in an Uber crash, you need to identify the liable party to start pursuing compensation. Your first thought might be that because they were a driver for Uber or Lyft, you can sue the company for your damages. In many cases, the employer of the person who injured you is also responsible for the damages. This is not so easy for rideshare companies, however. Although companies such as Uber screen and check potential drivers, they claim that they are only an app-building company and that their drivers are independent contractors. That means that it can be difficult to sue them. Fortunately, you may not have to sue. Instead, you might focus on getting your full settlement from Uber’s commercial driver insurance company. Your claim may be covered for up to $1 million in damages. Types of Injuries That Are Common in Uber Accidents in Columbia, South Carolina Like any other kind of motor vehicle accident, an Uber accident can leave you or a loved one with significant, potentially catastrophic injuries and medical bills. Some of the most common injuries that occur from Uber accidents are the following. Whiplash Whiplash is a bodily injury that can occur when the injured person is shaken violently for a brief period causing stress in the neck. This is common in all types of auto accidents. Broken Bones A broken bone is not only painful, but it can take a long time to heal properly. The expenses that accompany a broken bone are significant as well, so it is important to catalog all of your medical costs. Spinal Injuries The range of severity for spinal cord injuries varies quite a bit. You could suffer an injury that physical therapy can fix in a few weeks, or you could be permanently paralyzed. This is why it is important to get medical attention as soon as possible. If you suspect you have a spinal injury or neck injury, do not move more than you need to. Contact emergency services. Internal Injuries Internal injuries can be severe, and you must get medical attention as soon as possible. Because these kinds of serious injuries are not always visible or can seem as harmless as general aching after an accident, it is essential that your medical needs are taken care of before anything else. Getting Your Full Settlement Amount in Columbia Just because you are injured does not mean that the insurance company will be willing to give you the full settlement you deserve. They are a for-profit company looking to protect their bottom line. That is why you need to speak to a Columbia Uber accident attorney for legal advice about what your claim is worth. If you do not seek out the full settlement you are owed within the statute of limitations, you might not get a chance to recover what you did not receive. That means you might have to pay out of your own pocket for damages that you did not cause. Because of this, you should speak to your Columbia personal injury attorney about your losses, which could include any of the following: Hospital costs Lost wages Cost of household services Pain and suffering Loss of enjoyment of life Mistakes to Avoid if You Were Involved in a Rideshare Accident Being in any kind of accident is stressful, and you should be able to focus on your recovery before anything else. However, it is important to remember that your recovery can depend on how you act in the wake of your accident. Here are the most important actions to avoid if you are ever involved in a rideshare accident. Not Seeking Medical Attention Regardless of damages, fault, legal standing, or any other factors you may be concerned with after an accident, your own health is most important. Seek medical attention right away, even if you feel fine after an accident. Some accident injuries take a while to appear fully, so you should try to catch them early and start treatment as soon as possible. Plus, waiting to get medical attention makes it more difficult to prove that the accident caused your injury. Posting to Social Media Posting on social media can negatively affect your case. Much like employers, insurance companies will search through your social media accounts in an effort to find anything that may be detrimental to your Columbia Uber car accident case. This includes posts about the accident as well as posts after the accident that appear to undermine your injury claims. Admitting Fault Much like anything that could involve a legal case, it is essential that you do not admit fault in the wake of an accident. This will be used against you. Remember, even apologizing can imply that you are at fault. What to Do if the Uber Driver Refuses to Call the Police After an Accident in Columbia, South Carolina If you are involved in an Uber accident and the driver refuses to call the police, you must take action. The police must be called after any kind of accident. Without a record of the accident, you will have a tough time seeking damages, even with a Columbia car accident attorney. When the Uber driver refuses to call the police, capture as much evidence as you can from the scene of the accident, including the license plate numbers of the vehicles involved. Calling the police yourself may help too, but there is a chance that your driver and the other drivers involved will be gone by the time the police arrive. Whatever happens, contact a Columbia personal injury lawyer to help make your car accident claim to Uber itself. Seek Out a Columbia Lawyer After Your Uber / Lyft Crash Struggling after your Uber driver left you injured? It can be tough to get answers and seek appropriate compensation for your injuries and damages. You are already facing injuries, and you might not have the legal experience to fight for yourself. That is why we offer free consultations* at HawkLaw, PA. We understand how confusing a rideshare crash can be. Because of that, we will talk to you obligation-free, so you know our law firm can help you with your claim. If you are struggling after a rideshare wreck, contact your Columbia Uber accident lawyer for a free consult*. When you are ready, reach out by calling 1-888-HAWK-LAW (429-5529) or by completing the online form below. ### Lyft Accident Lawyers in Columbia Rideshare services like Lyft are convenient for leaving your car at home while enjoying Columbia, South Carolina. You might be going out for drinks with friends, getting a ride to Columbia Metropolitan Airport, or spending the day at the Riverbanks Zoo. Unfortunately, the rideshare driver might have been careless, which can leave you badly injured. At HawkLaw, P.A., we understand that your accident is serious and could be complex. If you are unsure who should pay for your losses, contact us at 888-HAWKLAW (429-5529) or complete our online contact form to schedule a free consultation.* A Columbia Lyft accident lawyer can help you understand the complexities of rideshare accidents and fight for the compensation you deserve. What to Do After a Lyft Accident in Columbia, South Carolina If you are involved in a Lyft accident in Columbia, South Carolina, you must take the correct steps in the aftermath to protect your safety and your rights. Here are the steps to follow after an accident in a rideshare vehicle. 1. Get Medical Attention The most important step is the first step, which is to check that all of the accident victims get the proper medical attention. This is necessary regardless of who is liable for the accident or the insurance status of the people involved, as safety always comes first. Plus, the longer you wait to get medical treatment for any personal injury, the more difficult it will become to show how the accident caused your injuries. Medical records, after all, are crucial evidence for verifying injuries and determining medical expenses. 2. Contact the Police Like with any other kind of accident, a Lyft or Uber accident warrants a call to the proper authorities. The police need to come and secure the scene and make a report of the incident and injury victims. This report could play a major role in the future, as it serves as valuable evidence for your case if you were injured in the accident. 3. Take Notes and Collect Evidence Once everyone's safety has been secured and the proper authorities have been notified, you need to collect evidence if possible. Take note of the driver's actions leading up to the accident and details of the accident, such as the location, direction, and speed of the vehicles involved. Get any contact info from witnesses that you can. Remember to take pictures of your accident injuries and the accident scene with a focus on damage to the vehicles and skid marks on the road. 4. Check What Insurance is Relevant Rideshare drivers must have insurance, but their insurance policies can differ. For example, some drivers are not logged into the transportation company network and use their own personal auto insurance policy. Other drivers may utilize the network to cover damages exceeding their personal policy limits. Lyft offers limited coverage for bodily injury and property damage. If the driver is actively involved in transportation services, Lyft offers a $1 million liability insurance policy and a $1 million uninsured policy. 5. Contact a Lyft Accident Attorney Given the nature of rideshare accidents, you should contact a Columbia car accident attorney with experience with Lyft and rideshare services. Contact a South Carolina personal injury lawyer before you talk to any insurance representative. Common Passenger Injuries As a passenger, your injuries could be severe. Although it was not your car, you might have suffered for a driver’s negligence. Unfortunately, that could mean you are facing potentially life-altering injuries. Fighting back now is essential because your injuries could affect your life and finances. You might not be dealing with a totaled car, but you are facing traumatic injuries that could take years and thousands of dollars to recover. Because of this, you may still be eligible for compensation that covers your losses. If you were injured in a rideshare accident, you may be entitled to compensation for any of the following injuries, among others: Whiplash Back injuries Burns Traumatic brain injuries Broken bones Who is Liable for a Rideshare Accident in South Carolina? Like any other auto accident, a rideshare accident in South Carolina uses the comparative negligence standard. This means the court assigns responsibility for damages to parties based on how much they were at fault for the accident. Anyone with less than 50 percent responsibility for an accident can file a claim to recover damages. You have little chance of being liable as a ride-sharing passenger, so you rarely have to worry about any of that apportioned responsibility falling on your shoulders. Regardless of liability, your driver's insurance or Lyft's insurance coverage should cover your damages in most accident cases. Alternatively, the other driver involved in the accident may be liable if they are deemed greater than 50 percent responsible. How Long Do I Have to File a Claim After My Columbia Lyft Accident? After a Lyft accident in Columbia, you have three years from the date of the accident to file a claim. Even so, filing as soon as you gather all the necessary evidence and after you have spoken to a lawyer is generally recommended. In cases in which the accident led to a wrongful death of a loved one, you have three years from the date of their death to file a claim. Are South Carolina Uber and Lyft Drivers Required to Have Car Insurance? South Carolina Lyft drivers must carry insurance for commercial drivers, which could cover up to $1 million. The specific details of Lyft drivers' insurance vary based on the situation, but as a passenger, you only have to be concerned with one scenario. When a Lyft driver is actively on the job and transporting you as a passenger, Lyft’s insurance policy offers at least $1 million in coverage for third-party auto liability. Additional first-party coverages may include uninsured motorist coverage, underinsured motorist coverage, and occupational accident coverage. Speak with an experienced Columbia rideshare accident attorney to understand your options. How Do I File a Lyft Accident Claim in Columbia, SC? To file a Lyft accident claim in South Carolina, you should speak to a car accident lawyer first to verify that you are filing the claim against the correct party. Filing a claim against Lyft or any other rideshare company can be challenging because they often claim they are not responsible for their independent contractors' actions when they allegedly violate company policy. In addition to establishing liability, you must show that the driver was transporting a passenger while logged into the app. If the driver's app is completely off, for instance, the driver's personal insurance is the only coverage that applies, meaning you cannot file a claim against Lyft. What to Expect from a South Carolina Lyft Accident Claim After your rideshare crash, you will need to prioritize getting a full settlement to recover. Those funds are important to your recovery and your health. Unfortunately, getting your compensation through a lawsuit against Lyft may be tricky. The company positions itself as an app service provider, not a rideshare employer. Their top priority is to protect the company from costly lawsuits and settlements. However, that does not mean you are out of options. Rather than seeking out compensation directly from Lyft, which may be a difficult process for you, we can focus on getting your full settlement from the insurance company while you focus on recovery. Call us for a free consultation* to begin your case. How Can a Columbia Lyft Accident Lawyer Help Me? With a Columbia Lyft accident lawyer on your side in the wake of a Lyft vehicle accident, you can focus on recovery and medical care while they focus on filing your claims for damages like medical bills. Going beyond simple legal advice, a lawyer can help you file the proper claims and gather evidence to make your claim as strong as possible. Plus, the law firm will handle all necessary communication with all parties involved. An experienced Columbia personal injury attorney can also calculate your deserved compensation and even represent you in court if it comes to that. We’ll Ride Out the Claims Process With You At HawkLaw, we understand that a rideshare accident can be more complicated than many other car crashes. That is why we focus on helping you understand your options and obtaining a fair settlement for your losses. Get started today with a free consultation.* We will discuss your claim and what we can do for you before you decide how to proceed. To speak with the HawkLaw team, call us at 1-888-HAWKLAW (429-5529) or complete our online contact form. ### Motorcycle Accident Lawyer Serving Sumter When you’re hurt in a motorcycle accident, it can devastate you for years following the accident. You may have suffered financial, physical, and emotional losses that impact your life. Now, you may need help from the lawyers at HawkLaw, PA to help. Reach out to a motorcycle accident lawyer serving Sumter for guidance on your motorcycle accident claim. Sumter motorcycle accident cases are handled out of the Columbia office. Injuries Suffered in Sumter Motorcycle Accidents Motorcycle accidents are especially dangerous because you have so little protection. You don’t have seat belts, airbags, or even the frame of a vehicle to protect you from injuries. This lack of protection makes motorcycle accidents extra dangerous and even deadly. That means you’re more likely to suffer a severe injury. That injury may leave you in need of increased medical care than other accident victims. That’s why it’s important to talk to a lawyer about your compensation as soon as possible. Below are a few examples of injuries you may have suffered. Talk to your motorcycle accident lawyer serving Sumter if you’ve experienced any of the following because of your accident: Broken bones Whiplash Traumatic brain injury Friction burns (also called road rash) Spinal cord damage Motorcycle Accident Claims and Your Sumter Insurance Policy Many motorcyclists suffering after an accident turn to their insurance company first. But that may be a mistake. Insurance companies are for-profit businesses, which means their profits may suffer if they pay for your losses. Motorcycle accidents are often more expensive because of the severity of the damage. Having a motorcycle accident lawyer on your side while settling with an insurance company can make all the difference. Your lawyer can help you seek a fair settlement, or they can represent you in court if the insurance company refuses to settle. Compensation for Sumter Motorcycle Accident Victims After a motorcycle accident, you need to know what your claim is worth before you make any big decisions. Your damages, or losses, suffered in the accident, can impact your life for years. These are typically divided into economic and non-economic damages. Economic damages cover financial losses. That includes your medical care, lost wages, and property damage to your motorcycle. All these items can be added up and included in your compensation. Non-economic damages can be trickier because they often don’t come with a price tag. These losses, such as pain and suffering, are calculated based on the severity of your losses and the impact they had on your claim. Connect with a Motorcycle Accident Lawyer serving Sumter After a motorcycle accident in, you don’t have time to waste on your claim. You need compensation, and you may need help from the lawyers at HawkLaw, PA to get it. If you’re ready to talk to a motorcycle accident lawyer serving Sumter, you can set up a consultation.* Just call 1-888-HAWK-LAW (429-5529). ### Truck Accident Attorney Serving Sumter Commercial trucks are large, heavy, and dangerous. That makes riding along US 15 on your way home nerve-wracking. Worse, you may have been near a truck when the driver lost control. Now you’re hurt and need compensation. You may need a lawyer from HawkLaw, PA to get it. If you’ve been hurt in a truck accident in Sumter, a truck accident lawyer from HawkLaw can fight for you. They can offer representation in court, experience, and resources to help you through this difficult experience. If you’re not sure where to begin, reach out to understand the process and how we can help you. Sumter cases are handled out of our Columbia office. Liability for a Sumter Truck Accident After a Sumter truck accident, you need to ask, “Who’s responsible for my injuries?” You may not have the tools to determine who caused your accident, but it’s a crucial part of your claim. Without this answer, you can’t sue the at-fault party or seek a settlement with the correct insurer. Truck accidents are more complex because they involve drivers who are on the job. They may have caused your accident, but they may not be financially liable for your injuries. In many cases, their employer is the one responsible for paying for your losses. Other factors can affect who pays for your injuries. For example, the truck driver in your Sumter accident may have lost control because of faulty brakes, for example. When a product breaks down and injures someone, that may be the fault of the manufacturer. Talk to your truck accident lawyer about the details of your claim and who or what is responsible. South Carolina Law Can Affect Your Truck Accident Claim When you’re hurt in a truck accident, it’s not always as easy as going to court and getting compensated for your injuries. You also have to focus on protecting your compensation. State law can affect your Sumter truck accident claim and put your compensation at risk. Your truck accident lawyer near Sumter can help you calculate your losses caused by the accident. These damages cover both your economic and non-economic damages. Your economic damages cover your financial needs, such as coverage for your medical bills, lost wages, and car repairs. Your non-economic damages cover the emotional and mental losses, such as pain and suffering or emotional distress. Connect with a Truck Accident Lawyer in Sumter When you’re hurt in a truck accident, you may be due compensation for the losses you suffered. But that doesn’t mean the at-fault party will be willing to pay for your losses. You need a lawyer from HawkLaw, PA on your side. Ready to discuss your claim through a free consultation?* Give a truck accident lawyer serving Sumter a call at 1-888-HAWK-LAW (429-5529). Hawklaw also serves other claims such as motorcycle accidents and car accidents for Sumter. ### Truck Accident Lawyer Serving Laurens  A truck accident is one of the scariest accidents you can be involved in. You’ve been hit by a vehicle several times your car’s size, and the cargo may do more damage than the truck. On top of that, you’re left dealing with a confusing legal claim that may involve the truck driver, their employer, or other parties. When you’re dealing with a severe injury, that can leave you feeling lost and struggling to recover from your injuries. But you don’t have to recover without help. At HawkLaw, PA, we know how tough it can be to fight back when you’re not experienced with lawsuits and insurance negotiations. A truck accident lawyer serving Laurens can help you. Laurens cases are primarily handled out of our Greenville office. Liability for a Laurens Truck Accident When you’re hurt in a Laurens truck accident, you may have one question on your mind: Who’s financially responsible for my injuries? That’s where a truck accident case can be difficult—a few parties could be at fault for your injuries. When you’re hit by another driver, who’s at fault may seem obvious. They struck you, so they should pay for it, right? A truck accident isn’t always that simple. You may instead need to file a claim against the trucker’s employer, for example, because employers often have a duty to hire responsibly and ensure their employees are driving safely. That’s even more complicated when the Laurens truck driver didn’t do anything to cause the accident. They may have been driving safely, but road conditions caused the accident. That may be due to a defect in the road, such as a pothole that damaged the truck or a defect in the truck itself. For example, their brakes may have failed, which may be the manufacturer’s fault. Compensation for Laurens Truck Accident Victims Now, you may know who’s supposed to pay for your truck accident, but how much compensation are you owed? Typically, you’re due compensation that covers all losses caused by the accident. These losses, or damages, should cover both your economic and non-economic suffering. You shouldn’t have to pay out of your own pocket for your injuries. Your truck accident lawyer can help you add up your losses, from your medical bills to your missed work days to the costs of repairing your vehicle. Your auto accident lawyer serving Laurens can also help you find the value of your intangible (non-financial) losses. These losses may cover emotional distress, for example, or the physical pain you’ve experienced. Your lawyer can calculate the value of these damages based on their severity and impact. Connect with a Truck Accident Lawyer Serving Laurens A truck accident is devastating, expensive, and complicated. Luckily, a truck accident lawyer serving Laurens, South Carolina, can help you get compensated for your losses. You can get started today with a free consultation.* Just give HawkLaw, PA a call at 888.HAWK.LAW or use our contact page. ### Motorcycle Accident Lawyer Serving Laurens You might have been in the middle of a beautiful ride when you were hit. Another driver was careless and didn’t see your motorcycle, and they hit you. Now, you’re hurt and suffering, but where do you start on a motorcycle accident lawsuit? At HawkLaw, PA, we understand how tough it is to get compensated for your losses. That’s why we’re here to help. A motorcycle accident lawyer serving Laurens can give you the guidance you need during this difficult time. Laurens cases are primarily handled out of our Greenville office. Common Injuries in Laurens Motorcycle Accidents Motorcycle accidents often cause lasting, even permanent damage. Even if you feel fine, you may have delayed injuries, like internal bleeding or post-traumatic stress disorder (also called PTSD). If you’ve been injured in a motorcycle accident in Laurens, you may be owed compensation for every part of your treatment. Because of this, it’s important to talk to your lawyer about your losses. Below are some of the most common injuries in motorcycle accidents: Traumatic brain injuries Spine damage Broken bones Friction burns or road rash Disfigurement Internal organ injuries Insurers May Not Help You Insurance should cover your accident, right? Unfortunately, it’s not always that easy. Insurance companies are for-profit businesses, and a motorcycle accident in Laurens may be especially expensive. Because of that, the insurer may offer a low settlement, or they may deny you altogether. Here’s the good news: Settling with the insurance company is only one way to get compensated for your injuries. Your motorcycle accident lawyer can help you get a better settlement offer from the insurance company, or they can take the insurance company or at-fault party to court for your injuries. Compensation for Laurens Motorcycle Accident Victims Before you go to court or write that demand letter, you may need to first consider what your claim is worth. That means finding the costs of all your losses following the accident. These losses should compensate you for the suffering you’ve experienced. For example, your motorcycle accident lawyer can add up the economic damages you’ve suffered. These losses cover all the financial suffering you’ve experienced, such as medical bills, lost wages, and property damage. You may also be due non-economic damages. These damages cover the emotional and mental suffering caused by your accident, like pain and suffering. Calculating these damages requires special tools your motorcycle accident lawyer from our firm can provide. Talk to a Motorcycle Accident Lawyer Who Serves Laurens When you’re hurt in a motorcycle accident, it’s tough to get compensated for your serious losses on your own. But you don’t have to act alone. You can reach out for help from a motorcycle accident lawyer serving Laurens. The lawyers at HawkLaw, PA are ready to help you, starting with a free consultation.* All you have to do is call 888.HAWK.LAW today. ### Workers' Compensation Lawyer Serving Goose Creek The aftermath of a work accident injury can be tough. You’re injured, your medical bills are piling up, and you can’t bring in any money while you heal. Maybe your request for workers' comp benefits were already denied. A lawyer from HawkLaw, PA can help. If you need a workers' comp lawyer serving Goose Creek, our attorneys can file your claim, represent your case from start to finish, and work diligently to secure the workers' comp benefits you need. Goose Creek cases are handled primarily out of our Columbia office. Goose Creek Workers' Comp Benefits When you’re injured in a work accident, getting compensated for your losses is vital to your health and safety, as well as your family’s. As an employee, you should have access to the following benefits following a work injury: Medical Benefits – If you’ve been hurt in a work accident, you need medical care that meets your needs and helps you overcome your losses. That should include all reasonable care needed for your physical recovery. Wage Replacement – While you’re recovering from your injuries, you may be unable to work. Your lawyer can help you get disability benefits, which covers a portion of your wages until you return to work or retire. Death Benefits – Grieving families need support during this difficult time. If you lost a loved one in a work accident, you may be entitled to burial and funeral coverage, as well as a portion of their weekly wages you would have received. What If I’m Denied Workers' Comp? Unfortunately, you may have already sought out workers' compensation in Goose Creek, only to be denied the compensation you need. However, that denial doesn’t mean you’re out of options. Instead of accepting that denial and moving on, talk to your workers' comp lawyer about your options after a denial. You’ll have a chance for a hearing, during your attorney can represent you in front of the South Carolina Workers' Compensation Commission. Your lawyer will present evidence that you need to be compensated for your work accident losses, and the board will then decide whether to uphold the previous decision or make a new one. Connect with a Workers' Comp Attorney Serving Goose Creek If you’ve been hurt on the job, you know how tough it can be to get back to normal. Worse, you may not have the financial support you need through your workers' comp benefits. Unfortunately, that makes life tough on you and your family. That’s why you may need to call a lawyer from HawkLaw, PA. It’s not easy to recover from these injuries without that support, which is why guidance for your case can make all the difference. Fortunately, your lawyer can even get you started with a free consultation*. To talk to a workers' comp lawyer serving Goose Creek, call 1-888-HAWK-LAW (429-5529) or complete the following online form to get started. ### Workers' Compensation Attorney Serving Florence When you’re hurt in a work accident, you may not be thinking about your legal status as a worker or the intricacies of working with the insurance company. You’re focused on the pain you’re experiencing and what you’ll do for an income while you’re unable to work. At HawkLaw, PA, we understand that your biggest concern is your financial and physical recovery so you can take the time to get better without losing your income. Fortunately, a workers comp lawyer serving Florence can help you with that when you’re injured at work. Florence injury cases are primarily handled out of our Columbia office. Eligibility for Workers Comp in Florence When you’re hurt in an accident at work, you may be concerned about your options for compensation. There are exceptions to South Carolina’s workers comp eligibility, and you may need answers before you file a workers comp claim. While almost all Florence workers should be entitled to workers comp benefits, those who are exceptions may need to seek other options for compensation. For example, if you’re a federal employee in South Carolina, you may be entitled to benefits on the federal, not the state, level. Others, like casual employees, may be ineligible for compensation. You may need to speak to a workers comp lawyer about your other options following the accident. Benefits for Florence Workers When you’re injured in a work accident, you as an injured worker or family member may be entitled to the following benefits: Medical Expenses – Your employer is responsible for the costs of your physical recovery. That means you shouldn’t have to pay for things like hospital bills, rehabilitation, or long-term care.  Disability Benefits – If you’re unable to work, you still need an income to survive. You may be eligible for wage replacement benefits that vary, depending on when and whether you’re able to work. Death Benefits – If you lost a loved one in a work accident, these benefits ease the financial burden of that loss. You may be entitled to compensation for their funeral costs and some wage replacement. What Happens if Your Workers Comp Claim Is Denied? Unfortunately, your employer and their insurance company may not be so sympathetic about your losses. They may deny your claim, leaving you without workers comp benefits. Fortunately, you and your workers comp lawyer serving Florence accident victims can help. If you’ve been denied workers comp benefits, you may be able to attend a formal hearing, where you can defend your right to workers comp benefits. That gives you a second chance to overcome your losses. Seek Help from a Workers Comp Lawyer Serving the Florence Area After a serious work injury in Florence, it’s important to get compensated fairly. Without those benefits, it may be difficult or impossible to fully recover from your financial losses. Worse, you may have already been denied compensation. A lawyer from HawkLaw, PA can help, starting with a free consultation.* If you’ve been injured and you need help, connect with a workers comp lawyer serving Florence by calling 1-888-HAWK-LAW (429-5529) or by completing the online contact form below. ### Car Accident Lawyer Serving Florence Driving is a major part of life for many of us, but when something goes wrong, the consequences can be severe. If someone else was careless with your safety, you might have found firsthand just how dangerous, scary, and painful a car accident can be. Fortunately, you don’t have to live with the consequences of someone else’s actions. Seek out a car accident attorney from HawkLaw, PA to get the guidance a car accident lawyer serving Florence can provide. Florence cases are primarily handled out of our Columbia office. Understanding Fault in Florence Car Accidents When you’re hurt in a car accident in Florence, South Carolina, you may need help identifying the at-fault party. In some cases, that’s a simple question—the person who hit you was drunk or distracted, and they injured you because of their carelessness. However, not all at-fault parties are so easy to identify. For example, you might have been struck by a driver who’s on the clock. In other cases, you might have been in a single-car accident, but your injuries were caused by a mechanical malfunction in your car or a defect in the road itself. In any of these cases, someone might have been careless with your safety, but it may not be so easy to determine who was careless. Fortunately, a car accident attorney serving Florence can step in and help you identify who’s financially responsible for the injuries you suffered. Compensation for Your Florence Car Accident In the wake of a car accident, you may be dealing with severe injuries and losses that make it difficult to recover after the accident. These losses, or damages, could affect your long-term physical, financial, and mental health. You need compensation for these losses, but it’s tough to calculate the value of future losses and intangible suffering while you’re physically recovering. Luckily, that’s where a personal injury lawyer can step in with the right tools and resources to calculate your Florence claim’s value. If you’ve been injured in a car accident, your lawyer can help you seek compensation for any of the following damages you might have suffered: Medical expenses Household services Lost wages Pain and suffering Loss of enjoyment of life Ask How a Car Accident Attorney Serving Florence Can Help When you’re dealing with the aftermath of a car accident, you may already feel overwhelmed. You’re hurt, you may be unsure who’s financially liable for your injuries, and you’re struggling to overcome the losses you’ve suffered. In these cases, a car accident lawyer from HawkLaw, PA may be your best chance to recover compensation. Reach out for a free consultation,* and we can discuss exactly what we can do to make your claim easier on you. We’re ready to seek the maximum compensation our clients are eligible for, and we’re here to make your claim easier on you. If you’re seeking out a car accident lawyer serving Florence, reach out for a free consultation* by calling 1-888-HAWK-LAW (429-5529) by completing the online contact form below. ### Personal Injury Lawyer Serving Florence Dealing with a serious injury is a difficult situation. You may be struggling with major injuries that leave you suffering, ill, or traumatized by the experience. Worse, the liable party has no interest in getting you the compensation you need for your losses. That’s why you may need a South Carolina personal injury attorney serving Florence to assist you. Your attorney from the law firm of HawkLaw, P.A. can help when you have been injured in Florence but aren’t sure how to get the compensation you’re owed. Florence accident cases are primarily handled out of our Columbia law firm office. To begin your case, contact our legal team for a free consultation.* What Cases Does a Personal Injury Lawyer Take? A personal injury lawyer serving Florence accident victims can handle a wide variety of cases. These are just a few of the types of cases personal injury lawyers at respected law firms frequently manage: Auto accidents like car accidents, motorcycle accidents, and truck accidents Slip-and-fall injuries Birth injuries Catastrophic injuries like brain injuries and spine injuries Child injuries and dog bites Construction accidents Defective drugs and medications Medical malpractice Nursing home abuse Premises liability Property damage Major public harm Workers' compensation Wrongful death of a loved one What Are the Steps in a Personal Injury Lawsuit in Florence? Every personal injury lawsuit in Florence is going to be unique in its own way, but they all generally follow the same basic steps. Your case will begin with a free consultation*. Then, there is an investigation to gather as much evidence as possible before even filing a lawsuit. If a settlement can be reached before real litigation begins, that certainly makes the process easier. Accident victims should be free to focus on recovery, but the demands of the litigation process can be relentless. That is why it is always helpful to have a personal injury lawyer from a law firm serving Florence, SC by your side. Filling a Summons If no settlement is reached, it will be time to file the summons and the complaint for your accident claim. This involves serving the named defendants in the case. It is important to remember that all filings must be compliant with the South Carolina Rules of Civil Procedure, but a law firm can help with that. If the filing does not meet the regulations in Florence, it could be dismissed. Injury Case Discovery Process After the lawsuit is filed, the discovery process begins, which is essentially a process in which information is discovered and exchanged on both sides of the case with any law firms involved. This is typically the longest part of the process, potentially lasting a year or even longer. Additionally, legal motions are filed during this time, such as moves and motions that would ask the court to rule in your favor before the case goes to trial. Pre-trial Mediation Before trial, there is a mediation process in which both sides sit down and try to come to a solution. This process is overseen by an independent third party who acts as the mediator. A third-party mediator may be a respected local representative of an uninvolved law firm or someone with experience and without connections to your case. This can be an essential step, especially if you reside in one of the many South Carolina counties, like Florence, that require mediation within one year of filing suit before they can go to court. Jury Trial The last step is a trial in front of a jury. While most Florence accident cases do not go to trial, it is important to be prepared for that outcome in case you are part of the 10% that do actually see a courtroom. This is where a trial lawyer from an experienced South Carolina law firm is absolutely essential. Liability for Personal Injury in Florence, South Carolina After your injury, identifying the liable party is critical. They may not be willing to provide you with the compensation you need for your claim, so you may need a law firm on your side to help you hold their feet to the fire. Determining Liability First, you must confirm who’s responsible. The responsible party may depend on the kind of accident you suffered. For example, if you were injured because of a mechanical malfunction or a defective drug, you may need to seek compensation from the manufacturer. In other cases, a reckless or distracted driver may be the only one responsible for their actions and your injuries. Because liability can vary between different claim types, you may need help from a personal injury lawyer who can work with Florence residents to get compensated. If you’ve been injured in a serious accident, work with your Florence, South Carolina law firm to review who could potentially be responsible for your losses. Compensation for Your Injury in Florence When you’re dealing with a personal injury lawsuit in Florence, it’s not just who’s at fault that will matter for your claim. You’ll also need to know what your compensation is worth. Unfortunately, the severity of your injuries may leave you overwhelmed and struggling to look at the worth of your damages (also called losses) caused by the accident. If you’ve been injured and the responsible party is trying to avoid paying for the damage they caused, reach out to a law firm that offers free consultations* that can help you get compensation for the following damages and more. Personal Injury compensation that can be acquired: Medical bills Mental trauma Property damage Pain and suffering Lost wages Is There a Cap on Personal Injury Damages in South Carolina? Damage caps for accidents are in place in Florence, South Carolina, and it is important to keep up with them, as they can change quite often based on what local law firms see. With the caps in mind, you can better understand the potential earnings that will come with a lawsuit. For economic damages, there is no damage cap. Economic damages are the damages that are easily quantifiable, like medical expenses and lost wages. Not only do these not have a cap in Florence, South Carolina, but you can even sue for future losses in addition to current losses. For example, if you sustained an injury that will require ongoing medical care, your future medical costs can also be covered. Non-economic damages are damages that are harder to quantify, like pain and suffering, and they generally do not have a cap either. There is an exception, however, when it comes to medical malpractice cases. In these cases, you may only sue for up to $350,000 in Florence, South Carolina.  As a disclaimer, punitive damages are where the caps are more strict and comprehensive. In Florence and the rest of South Carolina, punitive damages can only be three times the amount of compensatory damages or no greater than $500,000, depending on which threshold is met first. For example, if you recover $50,000 in damages, punitive damages cannot exceed $150,000. If you recover $200,000 in damages, however, punitive damages are capped at $500,000 rather than $600,000. A free consultation* with our law firm can help determine the value of your case. What Is the Statute of Limitations on Personal Injury in South Carolina? In Florence, South Carolina, the statute of limitations for filing a lawsuit is three years from the date of the injury, which is most often the date of the accident. The reason it starts with the date of the injury is that some injuries are not apparent right away. Additionally, wrongful death cases do not start the three-year timer until the death has occurred. If the target of your suit is the Florence government or any other government entity, you will have even less time to file. Some cases allow you to extend the statute of limitations, however, granting more time to file your suit. For example, a minor who suffered a personal injury does not have their three-year limit begin until they turn 18. Mental and physical disabilities can warrant an extended timeline, too. A free case evaluation* can help determine the circumstances relevant to your case. Why You Need a Personal Injury Lawyer After an Injury in Florence A South Carolina personal injury lawyer serving Florence with years of experience is essential if you want to put yourself in a good position regarding your legal issues. Not only is the litigation process difficult to navigate on your own, but a personal injury lawyer can help compile a lawsuit and gather evidence to help make your case strong.  Help Determining Negligence A major aspect of personal injury cases is determining negligence, and a lawyer can help document this negligence and show that it was the direct cause of your injury. An experienced lawyer can also help calculate compensation. Economic damages are easy enough to determine, but a law firm can offer legal advice on how much you should ask for regarding non-economic damages in your personal injury claim. Personal Injury Lawyers Analyze Evidence Analyzing evidence is a long and comprehensive process, but a law firm will know the right approach to getting the information that is important to your case. To find this evidence, a lawyer within this practice area can send out communications across various channels, and they can even negotiate with insurance companies on your behalf. This is assistance you may benefit from greatly, as insurance providers tend to lowball people without much experience filing claims. Filling a Lawsuit On Your Behalf Finally, a personal injury lawyer will be able to file a lawsuit on your behalf. Quite a few particulars go into filing a valid lawsuit, but a law firm will know how to meet the necessary standards to avoid dismissal based on technical issues. Overall, you are more likely to get compensation when you work with a law firm serving Florence accident victims than if you take on this endeavor on your own. What to Expect From a Personal Injury Lawyer Serving Florence When you enlist the services of a personal injury lawyer in Florence, your experience begins with a free consultation*. This free case evaluation examines the merits of your case and develops some preliminary strategies for how to proceed. Expect the law firm's free consultation* to be thorough, as the attorney will need to have a complete grasp on exactly how the personal injury occurred and the circumstances surrounding it. Once your case is taken on, you can expect a personal injury lawyer to do the heavy lifting for you. A major benefit of law firm services is that you get to focus on recovery while your lawyer takes care of the litigation on your behalf. The law firm will conduct its own investigation into the accident that caused your personal injury and use the available evidence to make your case. Of course, the law firm will communicate with you as much as you like throughout the process. How Much Does a Personal Injury Lawyer Cost? A personal injury lawyer serving Florence does not have to cost you anything upfront. Our law firm operates on a contingency fee basis, which means you do not owe any money unless we win your case, and there is no risk for you to pursue a lawsuit in the event that you do not win*. Plus, we have active incentives to fight for you. Upon winning your case, however, a contingency legal team will have to be paid. Typically, the law firm's payment is a percentage of the total compensation you were awarded in the case. This percentage is typically around 33% of the total damages won, but every case in Florence will be slightly different*. Hear What Our Clients Have to Say These testimonials from our previous Florence clients should give you an idea of what working with our law firm is like. “Excellent and professional service! Each and every person I have been in contact with in the law firm HAWKLAW treated me with the utmost personal kindness and understanding! I feel they went above and beyond what was expected. I would certainly recommend Ivey and her team to those looking for help and advice. Thank you again HAWKLAW for going the extra mile.” — Elizabeth C. * “It was a pleasure working with Ivey at HawkLaw. After being hit on my bike by a motorist, Ivey went right to work for me. Throughout, she communicated and explained things well and fought hard to get me compensated adequately. I highly recommend using Ivey and the HawkLaw firm!!!!” — Brian M. * We Take Each Case Personally Dealing with a personal injury is rarely easy. You’ve been put in a painful situation, and it won’t be easy to get compensation for your injuries in Florence County. Fortunately, our team from HawkLaw, P.A. can help you with this. If you have been hurt and are ready to file a lawsuit in Florence, you may be eligible for compensation. However, you may also need help seeking out that compensation. Fortunately, our law firm offers free consultations.* That way, you can check out what we have to offer and more easily get the help you need to get your maximum compensation. When you are ready, contact a personal injury lawyer serving Florence at our law firm. To begin with a free consultation,* reach out by calling 1-888-HAWKLAW (429-5529), visiting one of our law firm's office locations during open office hours, or completing our online contact form. ### Workers' Compensation Attorney Serving Laurens If you’ve been injured on the job, you may currently be struggling to overcome your injuries and get back to work. Unfortunately, many people have trouble getting their South Carolina workers comp benefits after an on-the-job injury. If you’re one of these people, an attorney from HawkLaw, PA may be able to help. If you’re hurt and seeking your benefits, a workers comp lawyer serving Laurens can help you go after the maximum payout. Laurens cases are primarily handled out of our Greenville office. Eligibility for Workers' Compensation Workers comp is offered to many workers, but that doesn’t mean all workers have coverage. If you’re not covered by workers compensation, you may have to seek out compensation for your losses in other ways, like through a personal injury claim. A work comp lawyer who serves Laurens will be key in determining which claim type you have. If you’re one of the following employee types, you may be ineligible for workers compensation and may need to pursue an alternative route with your attorney: Corporate officers or partners Some temporary employees Agricultural workers Federal employees working in the state Railway workers Benefits Offered to South Carolina Workers If you are eligible for benefits in Laurens, you might not be sure what those benefits include. You need to know that your benefits can cover all you need for a complete recovery from your injuries. Fortunately, these benefits should cover all those losses. For example, you shouldn’t have to pay for your medical costs. Instead, your benefits should cover all your hospital bills and any reasonable costs it takes to help you recover from your suffering. You should also receive some wage replacement or disability benefits while you’re unable to work. These should cover a portion of your income, so you don’t have to worry as much about supporting your family or yourself while you’re off work. What if My Workers Comp Is Denied? Unfortunately, filing a workers comp claim and knowing the worth of your benefits doesn’t guarantee you’ll get those benefits. You could instead be denied, and your employer and their insurance company won’t cover the costs of your recovery. Fortunately, your workers comp lawyer can help. We can help you set up a hearing with the workers compensation board and your Laurens employer. That way, you can spend more time thinking about your physical recovery while we make sure you get your workers comp claim resolved. Call a Work Comp Attorney Who Handles Laurens Cases When you’re injured in a work accident, your workers comp benefits should help you and your family pay your bills and be supported, even while you’re unable to work. That means a work comp denial can be devastating. Fortunately, you don’t have to deal with your Laurens work comp claim without help. Your lawyer from HawkLaw, PA can help you pursue the workers comp benefits you need so you can spend more time on your physical recovery and less time in the courtroom. We can even get you started with a free consultation.* To begin, give your workers comp lawyer serving Laurens a call at 1-888-HAWK-LAW (429-5529) or fill out the following online contact form.  ### Car Accident Lawyer Serving Sumter If you’ve been injured in a car accident, it’s not always easy to recover physically and get compensated financially. You might instead find yourself fighting the responsible party, who may not be willing to compensate you for your injuries. At HawkLaw, PA, we know that not everyone is willing to take responsibility for their actions. That’s why you may need a car accident lawyer serving Sumter on your side when the liable party doesn’t want to cover the costs of your physical and emotional recovery. Sumter cases are primarily handled out of our Columbia office. Who’s Responsible for Paying Out on Your Car Accident Claim? If you’re hurt in a car accident, you might first be unsure who’s responsible for hurting you. You might have been in a multiple-car accident, or you might have even been hurt in a single-car crash. Even in cases where another driver hit you and it seems straightforward who was to blame, you might face complications, such as the driver being at work at the time of the accident. Your auto accident attorney can help you find the right person to hold to account. Making sure the liable party is held responsible is tough, but your lawyer can go through the evidence for your claim and take steps to make the guilty person pay in Sumter. Dealing with Car Insurers after an Accident After a car, motorcycle or other types of vehicle accident, you may need to notify the insurance company as soon as possible about your crash. You might even consider working with them on your claim, but that could be a mistake. Insurance companies are often more focused on their profits than on your safety or your future. Because of that, they may not be willing to pay the full costs for your recovery and may even act in bad faith. They may instead offer you a lowball settlement, which won’t cover all the costs for your recovery. You may need an attorney to help you write a letter demanding the full amount, or you may need to take your claim to court for the full amount you’re owed. South Carolina auto insurance can be complicated, so get someone on your side who knows the ins and outs of this industry. Compensation for Sumter Car Accident Victims When you’re hurt, you need compensation that covers all your needs, both financial and nonfinancial. Unfortunately, you might struggle to calculate these costs, especially since some of your losses, like your pain, are intangible. Having a car crash attorney on your side makes that easier. Your lawyer can review your claim and calculate the total costs of your accident, not just your bills like your medical expenses and property damage. Below is a sample of the losses you could be compensated for with your car accident lawyer’s help: Medical bills Household accommodations, like wheelchair ramps Lost wages Pain and suffering Emotional trauma Connect with a Car Crash Lawyer Who Takes Cases in Sumter If you’ve been injured during a serious car accident, you may be entitled to compensation for your suffering. You might have severe injuries and expenses, all of which should be compensated by the responsible party. Unfortunately, the at-fault party may not be so invested in your recovery. If they’re not willing to help you recover from your injuries, you may need to seek help getting compensation by speaking to the lawyers at HawkLaw, PA. Your car accident lawyer serving Sumter can guide you, starting with a free consultation,* when you call us at 1-888-HAWK-LAW (429-5529) or check out the online contact form. We also serve clients that have been in motorcycle accidents, truck accidents, and more. ### Personal Injury Lawyer Serving Sumter You might have been simply enjoying your day before the worst happened. You were injured by someone, and whether they intended to harm you or not, you were left with serious injuries that could affect your health. That’s a serious problem for you, and it’s one that our lawyers at HawkLaw, PA want to help you with. You may need a personal injury lawyer serving Sumter to help you file your personal injury claim, get compensated, and focus on your physical recovery, not on struggling to get your compensation. Sumter cases are primarily handled out of our Columbia office. South Carolina Law Will Affect Your Personal Injury Claim If you’ve been injured by another person or group in Sumter, getting compensation isn’t so easy, and it’s not just because they likely won’t be willing to pay for it. South Carolina law can also affect your claim, making it more difficult to get your full compensation. You could even be left without any compensation for your losses. For example, your time to file is limited. You only have a few years to file, and if you don’t, you’ll lose your chances at compensation. Likewise, taking the blame for your accident can reduce your compensation or even cause your case to be dismissed completely. For example, say you were in a Sumter auto accident caused by a drunk driver—but you were also texting at the time. The court is likely to find you partially to blame for the accident, and this will impact how much compensation if any, you will receive. When your compensation is in such danger, it’s important to take steps to protect it. That’s why a lawyer can be so valuable to your claim—they can help you understand the laws affecting your claim and fight for your maximum compensation. How a Personal Injury Lawyer Can Help You When you’re hurt, it can be hard to act now and get compensated for your suffering. You’re in pain, and you may even be physically or mentally disabled by the accident, making it hard enough already to act in time and seek compensation. Worse, you might not have experience in the courtroom. Not only are you struggling to get evidence and other important resources, but you’re also unfamiliar with the courtroom and what to expect when your day in court begins. Because of this, it’s tough to get the compensation you’re eligible for without help. That’s where a personal injury attorney serving the Sumter area can be vital. Your lawyer can represent you in the Sumter courtroom and help you prepare for your claim. Seek Compensation with Help from an Injury Lawyer Serving Sumter When someone else is careless, you might have been the one to suffer for it. However, just because you were the one injured, that doesn’t mean you have to pay for your own injuries. If you’ve been injured because someone else was negligent, you may have grounds for a lawsuit in Sumter. At HawkLaw, PA, we understand that it can be tough to get compensation for your injury, which is why we offer free consultations.* We can discuss how we can help you get compensated before you file a claim. When you’re ready to talk to a personal injury lawyer serving Sumter, call 1-888-HAWK-LAW (429-5529) or complete the following online form. Sumter South Carolina Practice Areas Sumter car accidents  Sumter motorcycle accidents  Sumter truck accidents  Sumter workers' compensation ### Car Accident Lawyer Serving Laurens Many of us drive every day without a problem. Unfortunately, it only takes one careless driver to hurt you, leaving you struggling to overcome the injuries you’ve suffered. Worse, the responsible party may be unwilling to compensate you for your losses. At HawkLaw, PA, we know how hard it can be to overcome serious auto injuries and fight the responsible party in court. Fortunately, your car accident lawyer serving Laurens can help you fight back and seek compensation for your losses. Laurens cases are primarily handled out of our Greenville office. Responsibility for South Carolina Auto Accidents When you’re hurt in a car accident in Laurens, it may seem clear that the person who hit you would be legally responsible for compensating you, right? Unfortunately, car accident claims aren’t always that simple. The financially responsible party might be someone else. For example, let’s say the driver was on the job as a delivery person or taxi driver. They were reckless and hit you, but they’re not necessarily the ones who will pay for your injuries. That may be the responsibility of their employer, who could be held liable for the actions of their employees. Even if you were in a single-car accident, your car crash injury attorney can help if negligence was involved. We can help you identify the party responsible for your accident. For example, if your brakes locked up and you crashed because of it, the manufacturer could be held liable for your losses. Navigating Insurance after a Car Accident If you’ve been injured in a car accident in Laurens, getting compensation for your losses is important. For some, going to their car insurance company for their injuries may seem like the best idea. However, the insurance company isn’t always on your side. Instead, they may be focused solely on their profits. That means they may lowball your settlement or even refuse to compensate you. In these cases, it’s important to know what your claim is worth so you can defend yourself from the insurers’ tactics and seek compensation from the at-fault party. If you’ve suffered because of any of the following losses, you may be entitled to compensation from the liable party or their insurance company with the help of an auto wreck attorney serving Laurens: Medical bills Lost income Property damage Emotional distress Pain and suffering Connect with a Car Accident Attorney Serving the Laurens Area When you’ve been hurt in a car accident, getting you compensated for your losses is our priority. These accidents can be devastating, and you might now be struggling to get compensation for the suffering you’ve experienced. Luckily, you don’t have to fight for your compensation without help and guidance. If you’ve been injured in a car accident, your attorney from HawkLaw, PA can help you seek evidence, navigate your insurance claim, and sue the responsible party for the damage they’ve caused. If you’ve been harmed by another party’s actions, your lawyer can help you overcome your losses. If you’re ready to get started with your lawsuit, reach out to a car accident lawyer serving Laurens for a free consultation.* Call 1-888-HAWK-LAW (429-5529) or complete the following online form to get started. ### Personal Injury Lawyer Serving Laurens One moment, you’re running errands, shopping, or just staying in the comfort of your own home. The next, you’re on your way to the hospital, and your injuries are serious. Worse, it wouldn’t have happened if someone had been paying attention. That’s tough to recover from on your own, which is where a lawyer from HawkLaw, PA can help. If you’re injured and filing a lawsuit, get a personal injury lawyer serving Laurens on your side. Laurens cases are primarily handled out of our Greenville office. Personal Injury Claim Types We Cover When you’ve been injured by another party, it’s important to know what type of claim you’re dealing with. That way, your injury attorney can ensure they’re the right fit for your claim. That helps you get the maximum compensation for your claim. However, even personal injury claim types can vary, so it’s important to talk with your lawyer about the kind of claim you’re facing. Below are just a few of the personal injury claim types we have experience winning cases in: Motor vehicle accidents, like car, truck, and motorcycle crashes Wrongful death Dog attacks Slip-and-fall accidents Dangerous product defects Workplace injuries not covered by workman’s comp Compensation for Injured Laurens Residents When you’re hurt, you’ll also need compensation that covers the costs of your losses. While this financial compensation can’t fix the damages, or losses, caused by your accident, it can help you recover from your injuries. These damages should include both your financial losses and your mental and emotional trauma. While the latter is intangible, you may be eligible for compensation for your anxiety, pain, and other emotional losses. Your lawyer will have the tools to calculate the costs of these losses. South Carolina Law Can Be Complicated Many Laurens residents consider filing a lawsuit on their own, but that could affect the compensation they’ll receive for their claim. If you’re not careful, you could even lose part or all of the compensation you should have received. For example, it’s tough to file a lawsuit on time when you’re dealing with severe or even life-changing injuries. However, if you don’t file on time, you could lose your ability to file your claim and get anything from the person who hurt you. Likewise, it’s easy to take a little blame for your own carelessness. However, taking even part of the blame means that your compensation will be reduced by that amount. Because your compensation could be affected by your actions, having an experienced attorney on your side to advise you can make a difference. Call an Injury Attorney Who Handles Cases in Laurens If you’re injured and you’re struggling to get back to normal, you might have interest but also some concerns about working with a personal injury lawyer. Fortunately, your attorney serving Laurens is there to help your claim succeed, making sure you get the help you need to recover compensation. If you’ve been injured and you think someone else was at fault, take advantage of a free consultation* with a lawyer at HawkLaw, PA. We understand that personal injury claims can be tough, but we’re tougher when it comes to getting our clients the help they need. Ready to file a claim with a personal injury lawyer serving Laurens? Call 1-888-HAWK-LAW (429-5529) or complete the online form below for more information. Laurens South Carolina Practice Areas Laurens Car Accidents Laurens Motorcycle Accidents Laurens Truck Accidents Laurens Workers' Comp Claims ### Workers' Compensation Lawyer Serving Sumter Contact a HawkLaw Workers' Compensation Attorney Serving Sumter, SC If you were injured in a workplace accident in Sumter, SC, you may be entitled to compensation through workers' comp. HawkLaw can help see your case through, allowing you to focus on recovery. Give us a call at 888-HAWKLAW or complete our online contact form, to begin with legal advice and a free consultation*. Understanding Your Workers' Comp Rights in South Carolina At a workplace, you are expected to be able to perform your duties safely without having to worry about unnecessary dangers. Even so, the U.S. Bureau of Labor Statistics has shown that private industries reported 2.8 million nonfatal workplace injuries and illnesses in 2022 alone. This is an increase of 7.5% from the previous year. Respiratory illnesses drastically increased. Injuries and illnesses required a median of 10 days off work. Workers' comp claims elicited a median of 15 days in a job transfer or restriction. In the state of South Carolina, workers are protected under the SC Workers' Compensation Act. According to this law, any employee who suffers an injury by accident throughout the course of employment is entitled to benefits to cover medical expenses, lost wages, and potentially disability benefits, depending on the nature of their injury. Filing a Workers' Compensation Claim in Sumter, SC Workers' comp claims in the state are governed by the South Carolina Workers' Compensation Commission, and it all begins with you reporting your injury to your employer. Your employer will then file the claim with the commission on your behalf. If they fail to file, you can take the action yourself. Prioritize medical attention over reporting. You have 90 days from the accident to report. Do not overlook small problems, as they could get worse. The statute of limitations for claims is two years, much like auto accidents. The two-year countdown begins with the discovery of an injury or illness. Some of the Most Common Problems That Cause Workplace Accidents in Sumter Workplace accidents can come in many forms, and understanding the most common causes can be a good way to avoid putting yourself in danger. The following are some of the most common problems that lead to workplace accidents: Being overfatigued (lifting, pushing, pulling, bending) Ladder and scaffolding falls Workplace violence Toxic fumes Fires and explosions Slippery surfaces that cause falls Falling objects Motor vehicle crashes and truck accidents Trauma due to repeated strain Understanding What South Carolina Workers' Compensation Pays For Workers' compensation benefits are designed to cover the damages employees suffer in the event of an accident at work. The severity of the accident determines how much is actually paid out, but quite a few different costs can be covered by these benefits. Take a look at exactly what workers' compensation can cover in South Carolina: Medical bills and expenses Lost wages from time missed at work Physical disfigurement Reimbursement for medical costs and travel Permanent disability Death benefits Why Work With HawkLaw When you work with HawkLaw, you can approach your workers' comp claim and legal issues with confidence. Our law firm’s attorneys have years of experience with workers' comp cases and insurance companies in South Carolina, with more than $275 million recovered for our clients in the past throughout our practice areas.* You can potentially become a part of our legal service winnings across Sumter, Columbia, Charleston, Lexington, Orangeburg, and beyond. Testimonials “Hi, I would like to thank Drew and Nissy for their help and support during my time with HawkLaw. I appreciate your courtesy, your hard-working effort, and your professionalism on my case. I will always keep you in mind, should I need you in the future. God bless and take care.” — Wanda C. “I am completely satisfied in my decision in [hiring] Hawklaw. My attorney Nancy is very professional, her paralegal Sarah is very competent and professional. I can send her updates and she always replies in a very timely manner. If you are looking for an awesome law firm, look no further then the [HawkLaw] team. HAWKLAW FIGHTS FOR YOU!” — Keith H. Learn More About Workers’ Compensation in South Carolina! Click the Links Below What Are the Different Types of Workers’ Comp Cases? Discover the various types of workers' compensation cases under South Carolina law. How Do I File for Workers’ Comp in South Carolina? Explore the step-by-step process of filing for workers' comp. How Long Does Workers’ Comp Last After Injury? Take a look at the limits of workers' comp benefits and when you can expect to run out. What to Expect at a Workers’ Comp Hearing. A workers comp hearing may be an integral part of the process. Here's what to expect. Will Lost Wages Be Covered By Workers’ Comp? Lost wages are one of the many kinds of benefits available from workers' comp. Check out how it works. ### Workers Comp Lawyer Serving Orangeburg When an accident at work happens, it can be tough to overcome the losses you’ve suffered. You’re hurt, you’re unable to work, and your expenses are piling up. However, you may be eligible for help. If you’re struggling with your claim, your lawyer from HawkLaw, PA can help you understand your benefit options and get the help you need. If you’re not sure how to get benefits for your work injury, call a workers comp lawyer who serves Orangeburg for help. Orangeburg injury cases are primarily handled out of our Columbia office. Who’s Eligible for Workers' Compensation? If you’ve been injured in a work accident, it’s important to act quickly for your workers comp claim. That’s tough, though, if you’re not sure whether you have workers comp coverage. Fortunately, most South Carolina workers should be eligible for workers compensation benefits. The people who aren’t eligible may also have other options for coverage. For example, federal government employees may be compensated on the federal level, not by state-level employers. If you’re one of the following types of workers, your lawyer can discuss your options to file a claim in Orangeburg, since you may be ineligible for workers comp: Railway workers Federal employees who work in the state Some realtors Employees in businesses with fewer than four workers Some temporary workers Benefits for Injured Workers in Orangeburg If you’ve been injured on the job, your workers comp benefits should reflect all your losses. Making sure you’re getting the full value of your claim is vital, so it’s important to know what benefits you may be eligible for first. If you were injured in an accident, you need medical care for your injuries. Fortunately, your compensation should cover all reasonable expenses for your care. You also shouldn’t have to worry about how you’ll support yourself during your recovery. A workers comp attorney who serves Orangeburg, South Carolina, can help you seek out disability benefits. These benefits replace a percentage of the wages you would have received if you were able to work. These benefits vary, depending on how long you’re unable to work and whether you can return in any capacity. Because of this, you may need to discuss the details with your attorney. Connect with a Work Compensation Attorney Serving Orangeburg If you’ve suffered a work injury, you may need help recovering from your losses and getting back to work. An on-the-job accident can leave you struggling to recover from the losses you’ve suffered, and your Orangeburg employer may have denied your claim. Luckily, that’s not the end of your claim. If you’re struggling to get your workers comp benefits, your attorney from HawkLaw, PA can help you go after the work comp benefits you’re qualified for. We even start with a free consultation* so you know how we can help your claim succeed. If you’re struggling with an on-the job injury or a work comp denial, give your workers comp lawyer serving Orangeburg a call at 1-888-HAWK-LAW (429-5529) or complete the online form below. ### Truck Accident Lawyer Serving Rock Hill Few accidents are more severe than a truck accident. Semi-trucks are massive machines, which means accidents can be especially severe. You might have already suffered major injuries and losses because of the Rock Hill crash. At HawkLaw, PA, we have the tools you need to recover from your vehicle accident. If you’re struggling with severe injuries and you’re concerned about getting the help you need, talk to a truck accident lawyer who serves Rock Hill. Rock Hill cases are primarily handled out of our Spartanburg office. Responsibility for Trucking Accidents If you’ve been hurt in a truck crash, you may be eligible for compensation, but who’s financially responsible for your accident? Your first instinct may be to pin the costs on the other driver, but they may not be the right person to blame. Instead of seeking out the truck driver, you may need to file an injury claim against the truck driver’s boss. They’re responsible for the actions of their employees, which means they’re usually the ones to take financial responsibility. Keep in mind, though, that they may still not be the ones responsible for the costs. If the accident was caused by a parts malfunction or a road defect that led to the crash, for example, the at-fault party may be the one responsible for those dangers. Talk to your truck accident attorney serving Rock Hill about who may be responsible for your injuries. Compensation for Rock Hill Truck Crash Victims When you’re hurt in a semi-truck wreck in Rock Hill, finding the dollar value of your claim is key. You need to know that you’re getting the right amount from the insurance company or seeking the right compensation for your losses. That means getting both economic and non-economic damages covered. These damages, or losses that stemmed from the accident, can make your life harder, even if they didn’t cost anything. For example, the costs of a brain injury are more than just your surgery. You also need compensation for the mental suffering you’ve endured, which is intangible but still important. If you’ve suffered any of the following losses in Rock Hill, you may be eligible for compensation, so reach out for help: Medical bills Lost income Property damage Loss of enjoyment of life Pain and suffering Anxiety  Get the Right Truck Wreck Attorney on Your Side If you’ve been injured on the road, you might now be struggling with severe injuries and mental trauma that makes getting back behind the wheel tough. Worse, the responsible party may not be willing to help, or you may not know who’s responsible for your losses. Protecting your compensation is important, and the lawyers at HawkLaw, PA know that. That’s why we offer free consultations* where you can sit down with an attorney and talk about your options before you sign anything. A truck accident lawyer serving Rock Hill can get you started with your free consultation* when you call 1-888-HAWK-LAW (429-5529) or fill out the online contact form below. ### Motorcycle Accident Lawyer Serving Rock Hill Motorcycles can be a freeing mode of transport, but that freedom may come with a price. If you were hit by a careless driver, you might be struggling now to overcome your injuries and seek help. The lawyers at HawkLaw, PA understand just how tough it can be to get the compensation you need after a bike crash. If you’re not sure what your claim is worth or what steps you can take to get compensated, reach out to a motorcycle accident lawyer who serves Rock Hill for help. Rock Hill cases are primarily handled out of our Spartanburg office. Your Rock Hill Insurance Company May Not Help The instinct most people have after a motorcycle crash is to seek help. Motorcycle injuries are serious, potentially leaving you with brain injuries, spinal cord damage, broken bones, or other traumatic injuries. However, your insurance company may not have your best interests at heart. Instead, they may be focused on protecting their profits. In practice, that means you might receive a smaller settlement than you deserve, or they may simply refuse to work with you on your Rock Hill injury claim. You don’t have to accept their initial response just because they’re your insurance company. You can instead work with a motor vehicle crash lawyer to get the compensation you’re qualified for. Compensation for Rock Hill Motorcyclists To know whether the insurance agency is unfairly lowballing your settlement can be tough, though. You may need to talk to your motorcycle accident lawyer serving Rock Hill about your damages, or the losses you faced because of the motorcycle crash. Typically, this amount should include both economic and non-economic damages. Your economic losses should cover the expenses that have accrued because of your accident. That may include the costs of your motorcycle, your loss of income, and your hospital bills, among others. Your non-economic damages are intangible. They include your emotional suffering because of the accident. Talk to your attorney about finding the exact worth of these losses using specialized tools. If you’ve been injured in a Rock Hill motorcycle accident, your list of damages may look something like this: Medical bills Lost wages Property damage Pain and suffering Emotional trauma Loss of enjoyment of life Contact a Motorcycle Accident Attorney Who Handles Rock Hill Cases As a motorcyclist, you might find yourself struggling with severe injuries, ones that could haunt you for years after your accident. Worse, you may be facing an insurance company that not only doesn’t want to pay for your injuries but also puts the blame on you. That can leave you struggling to find options for compensation in South Carolina. Because of this, you may need a lawyer from HawkLaw, PA to help. We know the impact of a motorcycle crash can be lasting, and we know it often feels like no one is on your side. That’s why we offer free consultations.* We want you to know we’re on your side before you begin. To take advantage of a consultation with a motorcycle accident lawyer who serves Rock Hill, call 1-888-HAWK-LAW (429-5529) or fill out the online form below. ### Car Accident Lawyer Serving Rock Hill On your daily commute, you never expect that an accident may occur. Even when you take all of the necessary precautions to drive attentively, your safety is in the hands of other drivers. Furthermore, insurance might not want to pay you what is sufficient for recovery and repair. The car accident attorneys at HawkLaw, P.A., will fight to get you compensation in the event of a car accident. Call 1-888-HAWK-LAW today. What Are My Chances of Getting in a Car Accident? How likely are you to be in a car accident? The South Carolina collision statistics from the Department of Public Safety found that in 2019, there was one traffic collision every 3.7 minutes in the state. Consider a few more statistics: Every 9.4 hours, a fatal accident occurred. Every 13.6 minutes, one injury collision occurred. Every 5.2 minutes, one property damage collision occurred. Every 9 minutes, one injury occurred to a person. When you consider these facts from the Department of Public Safety, one thing is clear. It is dangerous to be on the roadways. Many of these accidents result in property damages, high medical expenses, and wrongful death. However, before you file a car accident claim, reach out to a law firm to help you protect any compensation owed to you. What Steps Should I Take Right After an Accident? After an accident, the first step in most cases is to contact the police. Call 911 to request help needed. Try to stay calm and remain where you are until the police arrive. Be sure to assess who has injuries and provide that information to the dispatcher. When safe to do so, obtain the other driver's insurance information. Be sure to get their contact information, including their insurance company and the policy number, from their insurance card. Take a photo of both sides of the card. Also, if safe to do so, gather the names and contact information of any witnesses to the accident. Your personal injury attorney may need to reach out to these individuals to get statements. If you can do so, take photos of the scene. That includes photos of: The damage to your vehicle The damage to the other driver’s car The surrounding area Any evidence laying around The other driver’s license plate Video that shows the entire crash site, moving slowly through it Any traffic signals or signs in the area You may need to visit the police station to complete a police report. If not, gather a copy of the police report for your records and your personal injury case. When Should I Call a Lawyer After a Car Accident? Our car accident lawyers serving Rock Hill are available to discuss your case with you as soon as you need help. It is important to discuss your auto accident with an attorney before filing an insurance claim for the medical bills or other losses you have. One of the reasons for that is that South Carolina is an at-fault state. What does at-fault mean? In a car accident case, the person who causes the accident holds responsibility for the losses others suffer due to that accident. If he or she caused your damages, the other driver may hold responsibility for your medical bills, property damage, and wrongful death claims. Car accident victims may think this means that filing a claim for those losses and receiving fair compensation is likely to happen. However, that is not always the case. Remember that the insurance company is going to try everything possible to keep the compensation paid to you low as possible. Because of this, it is critical to call car accident lawyers serving Rock Hill as soon as possible after you have the medical attention you need. Getting this legal advice may help answer your questions. It could help you avoid some mistakes, too. Auto accident attorneys may help in numerous ways. First, they educate you on your legal rights. They may also be able to tell you if you have an accident claim and case to file based on the information you provide. Personal injury claims may be complex. Attorneys help you to potentially receive any fair compensation for the losses you sustained that are owed to you because of their experience and understanding of the law. This may include losses you sustain into the future due to long-term care needs. What Are the Different Types of Damage from a Car Accident? With legal representation, you may learn there are several types of personal injury claims in your case. For example, the at-fault driver may be responsible for losses such as: Property damage: This could include damage to your vehicle and any property you had in your vehicle at the time of the accident. Pain and suffering: This could include intangible losses, such as the amount of pain you were in or how you are struggling mentally after the accident. Loss of Consortium: This type of claim could include losses related to deprivation of benefits to a family relationship due to your injuries. This may include being unable to take care of your children or keep up with your home. Transportation to medical appointments: You may need compensation to help you with scheduling and paying for medical transport. Medical bills: This could include any medical bills sustained as a result of the car accident, such as emergency room costs, surgeries, in-hospital stays, medications, and much more. Lost income: You may be unable to work after your motor vehicle accident for some time. Loss of enjoyment of life: You may have the legal rights to compensation for this type of loss if you show that you have a serious injury that limits your ability to engage in activities you used to enjoy. It is also important to understand the differences between compensatory and punitive damages. Compensatory damages compensate the injured person for some type of loss or injury. By comparison, punitive damages work to punish the at-fault driver, according to Cornell Law School. How Do I Settle a Car Accident Claim Without a Lawyer? It is possible to file a claim for a car wreck without the help of an attorney. You may be able to contact the insurance provider for the driver at fault, discuss the incident with them, and then file a claim that includes what you perceive as your losses. It may be difficult to do this in more complicated cases, such as after a drunk driving accident or a truck accident. You may also find that the process requires you to carefully document the incident and include all details of your losses, how much your earning capacity changed, what types of lingering issues you have, and what type of care you may need in the years to come, such as rehab or additional surgical procedures. While you certainly have the right to go through this process on your own, working with a car accident lawyer that serves Rock Hill may be a much more effective method for some. If you want to try to obtain maximum compensation, use every resource you have to support you, including the help of a personal injury lawyer for guidance and support throughout your case. To determine if you need this help, keep the following tips in mind: Most lawyers provide a free* consultation, so you may be able to learn more about your options. You typically need to be able to clearly document and prove your injuries, expenses, and damages incurred and show they come from the accident. Do not put your trust in insurance companies. They try to get you to close quickly, and they are not working to meet your needs, no matter what they tell you. There is no time to delay. Work to process your claim as soon as possible. How Do I Get Compensation for My Case? If you or a loved one suffered losses like this, speak to the law offices of a local attorney who has practice areas related to motor vehicle accidents and personal injury claims.  Unfortunately, it can be tough to find the right party. The driver who hit you may not be the one responsible for paying for your expenses, and your single-vehicle crash could have been caused by a defective part or pothole. Auto accident lawyers should be the people that speak to the insurance company. Insurance companies could try to use what you say to them to prove you have some or all of the fault in the case. For example, they may try to prove you were engaged in distracted driving because you mentioned being on your phone while the accident occurred. They may try to prove that the other party was not a drunk driver because a failed sobriety test was inaccurate. It is their job to reduce what you receive. What option do you have, then? Let a legal team handle the insurance company for you. Our car accident attorneys serving Rock Hill may be able to answer the insurance company's questions for you. We can also provide you with upfront support for your case, such as helping you to determine what type of compensation you should claim. Without this type of support, motorists may be more likely to struggle to receive the full compensation the insurance company owes. Your economic damages, or losses caused by the wreck, should cover all the costs you’ve paid for your recovery. For example, you might have paid to have your car repaired, or you may have missed time at work. Non-economic damages can be more difficult to calculate. Your losses in this category are intangible, like pain and suffering, which makes them tough to calculate. Talk to your injury attorney about finding their worth. Call Our Experienced Car Accident Attorneys Serving Rock Hill Our car accident attorneys are not only experienced at getting you the compensation you deserve, but we are also compassionate and understand the pain you are experiencing. Let us fight for you so that you can focus on your recovery. Let the HawkLaw car accident lawyers proudly serving Rock Hill support you after a car accident. To request a free* consultation, call 1-888-HAWK-LAW (429-5529) or complete the contact form to speak with an experienced car crash attorney at HawkLaw today. ### Personal Injury Lawyer Serving Rock Hill Dealing with a serious injury can be overwhelming. You’re not just hurt—you’re dealing with bills and trauma, and the responsible party doesn’t even want to help you. At HawkLaw, PA, we understand that’s a tough situation, but it’s one we can help with. Reach out to a personal injury lawyer who serves Rock Hill if you’ve been injured. You may be eligible for compensation. Rock Hill cases are primarily handled out of our Spartanburg office. Why You Need an Injury Lawyer When you’re injured, it’s easy to get overwhelmed by the details of a personal injury claim. You might already be suffering from major injuries, some of which may affect your health, mobility, and mental processes. Now, you have a limited time to file a claim, and the other side may drag out your claim as long as possible. When you’re inexperienced in legal concerns, that could be the end of your claim. With a personal injury attorney who serves Rock Hill, however, you have a chance to get the compensation for which you’re qualified. They can help you meet your deadlines, make your court dates, and seek compensation for your losses. Compensation Available for Rock Hill Residents Your compensation will help you recover financially after an injury, but what is your claim really worth? Your damages, or the losses you’ve suffered because of your accident, can affect your quality of life. Talk to your injury lawyer about both your economic and non-economic, or emotional, losses. These losses can be tough to calculate, since some are intangible or scheduled for the future. Your lawyer, fortunately, has the right tools for your Rock Hill injury claim. When you’re injured, make sure you’re getting compensation for all your damages, like the following: Hospital bills Emotional trauma Lost income Pain and suffering Household services, like housekeepers while you’re recovering Property damage, like car repairs if you were in an auto wreck Protecting Your Personal Injury Compensation When you’re injured in an accident in Rock Hill, South Carolina, you may be focused on the compensation that should be available. However, your own part in the accident can be important, too. South Carolina follows modified comparative negligence laws. That means that if you’re partly at fault for the accident, you could take part of the blame. If you take more than half the responsibility, your claim could be dismissed. Your attorney can help here, too. Reach out when the at-fault party says you were partly at fault so you can protect the full compensation you’re qualified for. Call a Personal Injury Attorney Serving Rock Hill If you’ve been injured by another person’s actions, getting compensation can be tough. They don’t want to pay for their own mistakes, but that leaves you dealing with the damage they did. When that happens, you may need an attorney from HawkLaw, PA. Your personal injury lawyer serving Rock Hill can get you started with a free consultation* so you know what to expect when you take your injury claim to court. To get started, call 1-888-HAWK-LAW (429-5529) or complete the online form below. Rock Hill South Carolina Practice Areas Car Accidents Motorcycle Accidents Truck Accidents Workers Compensation ### Rock Hill, SC Workers' Compensation Lawyer If you’ve been injured on the job, recovering from your injuries can be tough. You may not be able to work for some time, and your employer may be avoiding giving you the benefits for which you are eligible. That makes your physical recovery tough, and it puts a financial strain on you and your family. That’s why you may need a workers' compensation lawyer serving Rock Hill. At HawkLaw, we understand just how important it is to get the benefits you need after your work accident. Your lawyer can help you handle your claim and get the benefits you need to move forward with your life. Am I Eligible For Workers’ Compensation in Rock Hill, South Carolina? When you’re injured on the job, your first question may be, “Am I even covered for this?” It’s a major concern — if you’re not eligible for workers’ compensation benefits, you could be the one paying for your recovery after a Rock Hill work accident. Fortunately, though, most South Carolina workers are eligible for benefits, with a few exceptions. For example, independent contractors and employees of businesses with fewer than four employees may not have workers’ compensation benefits because coverage isn’t required for these groups. If you’re worried about your eligibility, your workers’ compensation attorney can help. We understand how vital your workers' comp can be to your recovery, so we can help you determine your options regarding your benefits. To receive workers' compensation, you must meet the following requirements under South Carolina workers’ compensation laws. You must be employed. Your employer must have workers' compensation insurance. Your injury or illness must have been sustained on the job. You must report within the state's deadlines. Common Workplace Injuries That Qualify For Workers’ Compensation in Rock Hill Several types of job injuries can be sustained at work. The most common workplace injuries are the ones you should be looking out for the most since the best course is always to avoid being injured in the first place. Still, it is important to know if your injury qualifies for workers' compensation. For the most part, any injury that causes damage and prevents you from doing your job properly will likely be covered. Here are some examples. Electricity exposure Radiation exposure Temperature extreme exposure Harmful substance exposure Slip-and-falls Trip-and-falls Equipment malfunctions Falls from heights Friction or pressure injuries Overexertion Car accidents Truck accidents Dog bites Burns Your Rights Under the South Carolina Workers’ Compensation Act Under the South Carolina Workers' Compensation Act, several rights of yours are protected and enforced. This law is designed to offer compensation for any damages suffered on the job in Rock Hill, SC, but there are limits to its coverage. Here are the most important rights to keep in mind. Your employer can select which doctor will treat you. You can choose your own doctor, but medical expenses may not be covered. If your employer does not file on your behalf, you can file yourself. If you are denied, you can file an appeal. If your appeal is denied by the South Carolina Workers’ Compensation Commission, it may be possible to appeal to the courts. Fault or negligence is not considered unless the employee was committing egregious behavior, such as being intoxicated on the job. What is the Deadline to File for Workers' Compensation in Rock Hill? The first deadline to remember when it comes to filing a workers' comp claim is that you have 90 days to report your injury to your employer from the date of the injury. Regarding filing a claim with the Commission, you have two years from the date of the injury. If you suffered an illness or injury that is not immediately detected, you have two years from the reasonable detection of your condition. The Workers’ Comp Claim Process Once you know whether you’re eligible, you can begin seeking your benefits in Rock Hill as soon as possible. Typically, your first step is to seek medical attention. Even if you feel fine, you may need medical proof to protect your right to your workers’ comp benefits. Once you’re getting the care you need, you then need to notify your employer of the accident and request your workers' comp benefits. From there, they’re required to contact the insurance company to move your case forward. The insurance company can then investigate your claim. They’ll review your injuries, your accident, and your needs. If they approve you for work comp benefits, they’ll then decide the amount of benefits you’ll receive, as well as how long you’ll receive them. If you were denied, though, don’t panic. Instead, talk to your personal injury attorney about your Rock Hill workers' comp claim. They can review the evidence and help you dispute the decision, which can help you get a work comp settlement after all in some cases. What Does Workers’ Compensation Cover in Rock Hill, South Carolina? Workers' comp claims are designed to cover any damages you might sustain when injured or stricken with an illness at work. These damages are more diverse than you might think and can actually comprise a lot of the costs you may experience. Here is what workers' comp may cover. Medical expenses for injury/illness treatment Disability both temporary and permanent if applicable Partial disability and total disability benefits Death benefits in cases with fatalities Medical travel expenses Disfigurement compensation ⅔ of your pre-tax wages if placed out of work Were You Injured On The Job? HawkLaw Is Committed To Fighting For The Compensation You Deserve FREE CONSULTATION* Call 888-HAWKLAW How Long Can You Stay on Workers’ Comp in South Carolina? The strict cap on workers' comp benefits in South Carolina is 500 weeks, just over 9.5 years. However, how long you can collect in your specific case can vary based on various factors. If you suffer a traumatic brain injury or become paralyzed, for example, you may be entitled to benefits for the rest of your life. Typically, your benefits end when you can return to work, but that is not always the case. If your doctor gives you an impairment rating that allows you to do less strenuous labor, you may still get some benefits. If your new position does not pay as much as your old position, you could receive benefits for two-thirds of the difference between the two wages. How Are Workers’ Comp Settlements Calculated in South Carolina? Some workers' comp benefits are easy enough to calculate. How much you spend on medical care to treat your work-related injury translates directly into how much you are owed in compensation for medical bills. Your lost wages are calculated by utilizing your average weekly wage, which is often your average wages for the last 4 quarters before your injury. If you miss 8 days of work, you can get a weekly check equivalent to your comp rate, which is ⅔ of your wages. In Rock Hill, South Carolina, there are limits to how much you can get in compensation for a week based on which body part was injured. Arms, for example, are covered for a maximum of 220 weeks. Additionally, you will have to consider the impairment rating, a rating given by a doctor that describes how impaired you are or how much mobility and strength you lost. This is related to the disability rating, which rates how your injury prevents you from working. This will be different for everyone, so a workers' comp lawyer may be necessary to get a reliable calculation. Common Reasons for Work Injury Claim Denials in Rock Hill Workers' comp claims in Rock Hill are denied for a variety of reasons, but these are among the most common. Missed deadlines Poor employee behavior causing the injury Independent contractor classification Pre-existing injuries Lack of medical evidence Injury did not occur at work What Do I Do if My South Carolina Workers’ Comp Claim Was Denied? You can file an appeal if your workers' comp claim is denied. This is done by the Commission, where a single commissioner will hear your case. If you are denied again, you can request a commission review if you file the request within 14 days. If it is still denied, your last option is to appeal with the state courts via a lawsuit. No matter your stage, it will always be beneficial to have legal representation from a workers' comp lawyer on your side. How Long Does It Take to Get a Workers' Comp Settlement in Rock Hill, South Carolina? How long it takes to get a workers' comp settlement depends on the extent of your injuries and how willing the insurance company is to pay. If they are willing to pay in a clear-cut case, you could get benefits as soon as seven days after you stop working. Sometimes, it can take much longer, especially if you are initially denied. Fortunately, you can get back pay for all the time you had to wait for approval. Do I Need a Workers’ Compensation Lawyer for my Rock Hill Workers’ Compensation Claim? Strictly speaking, you are not required to have a lawyer for your workers' comp personal injury claim in Rock Hill. Not having a workers’ compensation attorney may significantly disadvantage you, though. With an attorney on your side, you will have an experienced professional who will know how to navigate the complexities of South Carolina law to help get you the compensation you need. A workers’ compensation lawyer serving those in Rock Hill can certainly help. At HawkLaw, we offer free consultations,* which gives us a chance to talk about your claim before you get started with our firm. When you’re ready for your workers’ compensation case, reach out for help by calling or completing the online form to get started with your free consultation.* HawkLaw has workers’ compensation attorneys serving South Carolina from Goose Creek to Columbia, Greenville to Spartanburg. Why Work With HawkLaw When you work with HawkLaw, you can approach your case with confidence, as our experienced personal injury lawyers have worked with countless workers' compensation claims over the years. With more than $275 million in settlements* across all our practice areas, it is easy to see how we prioritize your winnings above all else. Take a look at what our previous clients have had to say about our work throughout South Carolina. We Work Hard For Your Compensation HawkLaw strives to meet our clients' needs with a communicative and compassionate attorney-client relationship. Suffering from a personal injury is stressful enough just when considering the physical toll, but dealing with lost wages and problems at work only makes recovery more difficult. Our law firm can take on that burden for you every step of the way, with our professionals handling the legal issues while you focus on recovery. Get started on your workers’ compensation case by calling our law office at our phone number, 888-HAWKLAW or by filling out our online contact form for a free consultation* and legal advice. ### Workers Comp Lawyer Serving North Charleston When you're hurt on the job, it can be a painful, confusing situation. You're suffering, and your employer should be covering the losses you've suffered. Sadly, your boss or the insurance company may not be giving you the help you need. If you're suffering and struggling with your claim, your North Charleston workers comp lawyer can make a difference. At HawkLaw, PA, we understand how tough it can be to recover, which is why we can help you file a claim, fight a denial, and seek the benefits you need for your recovery. Filing for North Charleston Workers' Compensation When you’re injured in an on-the-job accident, filing a claim for your workers compensation after you receive medical attention is key. You’ll need those benefits to recover, so you’ll need to notify your employer of the accident within ninety days of the incident. Once that happens, your North Charleston employer will contact the insurance company, and the insurer will begin the investigation into your situation. They’re tasked with finding whether you’re eligible for your benefits, and then they decide what your benefits are worth. Once they make the decision, you’ll receive notice of your benefits or denial. If you think there’s a problem, though, even if you were approved for benefits, reach out to your work comp attorney in North Charleston for help. Work Comp Benefits for North Charleston Workers When you've been hurt, it's important to understand the benefits you may be eligible for. These benefits are meant to help you with your recovery, so you'll need them to sufficiently cover your losses. For example, your medical benefits should cover all reasonable costs of your recovery. That includes not just your initial medical care but all care and related travel needed. Because of this, if you need a future surgery related to your on-the-job injury, your workers compensation should pay for that care, too. You may also need to speak to your workers comp attorney about your disability benefits in North Charleston. These benefits should provide a portion of your former wages, which should help support you while you’re unable to work. These vary in amount, depending on your original income and whether you’re able to return to work, so speak to your lawyer about what your benefits should be worth. Connect with a North Charleston Work Compensation Attorney When you’re hurt in a work accident, you shouldn’t have to cover all your expenses on your own. Your injuries make it tough to recover, and you might have been denied the workers compensation benefits you need for your recovery. Fortunately, you don’t have to face your injury claim alone. Your lawyer from HawkLaw, PA can give you the guidance you need for your work comp claim, even if you’ve already been denied. They can help you push back against the denial and seek out the benefits you need, starting with a free claim consult.* That gives you the chance to learn about what we can offer before you get started. When you’re ready to get started, reach out to your North Charleston workers comp lawyer. You can give us a call at 1-888-HAWK-LAW (429-5529), or you can complete the online form below. ### Wrongful Death Lawyer Serving North Charleston If you've lost a loved one, you've lost a companion, a family member, and a support in your life. That leaves you and your family struggling to recover from the severe losses you've suffered in North Charleston. Worse, you may have found that someone else was responsible for their death and that you may have grounds for a lawsuit. Your North Charleston wrongful death lawyer can help you seek the funds and the closure you need in the wake of your loss. At HawkLaw, PA, we can help you seek financial recovery. Responsibility for Filing Wrongful Death Claims One of your first questions when filing a wrongful death claim may be, “Who files?” The injured party is no longer able to act, which leaves you to find the person responsible for your losses. Typically, the claim is filed by the administrator or executor of the estate. This person is usually listed in the will and should be responsible for the claim. However, your loved one may have passed away before they named an executor. In these cases, the claim may be the responsibility of one of the following family members: The surviving spouse or children of the deceased The parents of the deceased Any heirs to the deceased’s estate Compensation for North Charleston Families After a fatal accident, your family may have grounds to seek funds for the losses, or damages, you and your family suffered because of the accident. These damages should cover the financial and emotional tolls of your loss. For example, the costs for a fatal accident can be steep. Your relative may have received some medical care after the injury, as well as a funeral and burial. These costs should be covered, as well as funds for the loss of income, if your loved one was the breadwinner of the household. In addition, the emotional impact of your grief is just as important. Damages for the loss of care, support, and affection you would have received should be offered based on the impact of those losses. You may also seek compensation for your loved one's pain and suffering, so speak to your lawyer about your North Charleston wrongful death claim. Speak to a North Charleston Fatal Accident Lawyer When you’re facing the loss of a loved one, you don’t want to worry about a lawsuit. You want to focus on your grief and on your family. However, your claim could help your family get the closure and financial support it needs during this difficult time. The North Charleston lawyers at HawkLaw, PA can help. We understand that you’re in a painful situation, which is why we’re focused on getting you the help you need during your fatal accident lawsuit. We offer free consultations* so you can discuss what an injury lawyer can do for you before you choose to work with us. If you’re ready to make your claim easier, seek a North Charleston wrongful death lawyer. We can be reached when you call 1-888-HAWK-LAW (429-5529) or when you complete the following online contact form. ### Truck Accident Lawyer Serving North Charleston Semi-trucks are one of the preferred ways many products are shipped across the country, but that doesn't make it fun to drive next to one. Many of us worry about driving with these trucks, considering their large blind spots and the size difference between vehicles. You might have already discovered that fear is reasonable. You've been hit by a commercial truck in North Charleston, and now you're facing major injuries, expenses, and trauma. When this happens, a North Charleston truck accident lawyer may be key to your recovery. Seek help from a lawyer at HawkLaw, PA in getting the compensation you need when you’re hurt. Responsibility for Truck Crashes If you’ve been injured by a truck driver, one of your first steps is to find the person who’s financially responsible for your suffering. That can be tough, though, because the truck driver was likely on the job during the semi-truck wreck. When someone is at work, they’re often the responsibility of their employer. For example, if a construction worker caused an accident in the course of their job, their employer is responsible for the expenses of that accident. Truck drivers may follow the same rules. Because of this, your truck crash attorney may focus on finding their employer and seeking your compensation from them in North Charleston. Compensation Offered to North Charleston Truck Crash Victims Truck accidents are often devastating and even deadly because of the widespread damage they cause. These trucks can be multiple times the size and weight of your car. That means there’s more force behind them when they hit your car. Because these crashes are so serious, you may need to seek out compensation for the damages you’ve suffered. These damages are the losses you’ve suffered in the wake of the crash. These can be financial, such as your hospital bills or lost income, or they can be intangible and non-economic. That includes your pain and suffering or your emotional trauma. These damages can be tough to calculate without the right tools. Intangible damages are based on the severity and impact of your injuries, and even your financial damages can be tough to estimate. The good news is that your North Charleston crash attorney should have the tools you need to calculate them. Seek Help from a North Charleston Semi-Truck Crash Lawyer Knowing the worth of your North Charleston injury claim isn’t the end, though. You may struggle to get a fair settlement from their insurer, or you may even need to sue. Taking your claim to court can be difficult, especially if you’re still recovering from your injuries. At HawkLaw, PA, we know just how tough it can be to get the financial help you need after an accident. That’s why we offer free consultations* where you can talk to us about your claim before you decide to work with our firm. That way, you know what we can do to help you. When you’re struggling after a crash, your North Charleston truck accident lawyer can make a difference. To learn more about what we can offer, reach out by calling 1-888-HAWK-LAW (429-5529) or by completing the online form below. ### Motorcycle Accident Lawyer North Charleston Motorcycles provide a more unique, freeing ride than most other vehicles. You’re exposed to the outdoors in a way that cars can’t match, which makes a drive down U.S. Route 52 and other major roadways in North Charleston more thrilling. Sadly, it also exposes you to dangerous drivers who may not be looking out for your bike. Now, you’ve been in a vehicle accident, and your injuries are severe. Worse, the stigma around motorcycles can make it tough to get the funds you need for your recovery. That’s why you may need a North Charleston motorcycle accident lawyer on your side. Your attorney at HawkLaw, PA can give you the guidance you need to recover from your injuries. Insurance Companies May Not Help after an Accident When you’re hurt in a motorcycle accident, you expect your insurance company to step in for most cases. You pay into your insurance policy, which should cover your expenses. That doesn’t mean your insurance company will have your best interests in mind, though. Instead, they’re focused on their profits, and motorcycle crashes can be especially costly. Your injuries are likely more severe, like broken bones, brain injuries, and spinal cord damage. These are expensive long-term injuries. Because of that, your insurance company may delay a settlement, refuse to settle, or offer you less than your claim is worth. If this happens, you may need to speak to your motorcycle accident attorney about your options to sue in North Charleston. Protecting Your Motorcycle Accident Compensation in Court Taking your motorcycle accident claim to court in North Charleston can help you get the full compensation you need. You have a chance to seek funds for your recovery if the responsible party refuses to pay. However, that doesn’t mean it’ll be easy to get your compensation, especially without an attorney. For example, the defense may try to place the blame on you for your injuries. They may rely on old stereotypes about reckless motorcyclists, stating that you were at least partly responsible for your losses. If you don’t fight back, this tactic can work. South Carolina accident victims who don’t fight back may lose part or even all their funds if they don’t defend themselves. With a North Charleston lawyer on your side, though, you have the resources you need to address their accusations and protect your compensation. Connect with a North Charleston Motorcycle Lawyer after a Crash If you’ve been injured in a motorcycle wreck, you could be facing injuries and expenses that the responsible party isn’t willing to pay. Worse, they may use your choice of vehicle against you. That leaves a lot of motorcyclists struggling to deal with their expenses and trauma. At HawkLaw, PA, we don’t think that’s fair, and that’s why we’re ready to fight on your behalf. If you’re struggling to get your compensation, take advantage of our free consultation,* where we can discuss your claim before you work with us. Ready to get started? Contact your North Charleston motorcycle accident lawyer by calling 1-888-HAWK-LAW (429-5529) or by completing the following online form. ### Car Accident Lawyer in North Charleston One moment, you're driving across North Charleston, whether you're heading to work or just heading out to see a friend. The next, someone has hit you, and you're struggling to make sense of the crash in the aftermath. Car, motorcycle, and truck wrecks can be frightening, and they can leave you struggling to overcome the suffering you've been through. Worse, you might find yourself feeling alone, as the responsible party may not want to compensate you. At HawkLaw, PA, we know the struggles you’re facing, and your North Charleston car accident lawyer can help. Navigating Car Insurance after an Accident Many people immediately turn to their car insurance company for help after a car crash, but this may be a mistake. The truth is, these companies aren’t focused on your care and recovery. Instead, they’re worried about their profits. Even if another person is at fault for the accident, it can be tough to get a settlement that meets your recovery needs after the wreck. When you file a claim with your insurance company, keep in mind that they may try to avoid giving you your full settlement. That means they may lowball your settlement, slow down your claim, or even refuse to settle with you. If you believe the insurance company isn’t offering you a fair settlement, reach out to a car crash attorney for help with your personal injury claim. North Charleston Car Crash Compensation One key part of getting a fair settlement or seeking out compensation in court is to know what your claim is worth. If you’re not sure what your claim is worth, it’s easy to settle for less than what your injuries and suffering are valued at. Before you head to court, discuss both your economic and non-economic damages or losses suffered because of the auto crash, with your North Charleston accident attorney. These damages should cover both the financial losses you’ve suffered and the intangible emotional losses trauma causes. If you’ve been injured in a car accident, you may be entitled to compensation for the following losses from your crash: Medical bills Lost wages Property damage Emotional trauma  Pain and suffering Connect with a North Charleston Auto Crash Attorney If you’ve been injured in a car crash in North Charleston, it can be tough to deal with your losses and face the other driver. You need your damages covered, but the responsible party won’t want to cover those losses. They may even fight back to avoid paying out for you. At HawkLaw, PA, we know that it can be tough to recover after a car crash, especially if you don’t have experience in the courtroom. Luckily, your lawyer does have that experience, and they can help, starting with a free claim consultation.* If you’re not sure where to start with your case, reach out to a North Charleston car accident lawyer. Give us a call at 1-888-HAWK-LAW (429-5529), or complete the online form below. ### Personal Injury Lawyer in North Charleston Accidents can happen to any of us, and they can leave us injured and struggling to recover. That's already difficult, but what if the person who hurt you wasn't even being careful? That’s where a North Charleston personal injury lawyer may be vital. When someone else makes a mistake, you might be the one suffering for it, especially if you're not sure how to fight back. Luckily, you don't have to seek help alone. Your lawyer at HawkLaw, PA can help you get answers when someone else harms you. Types of Personal Injury Claims When you're injured by someone else's actions in North Charleston, knowing what type of injury claim you're facing can help you file your claim correctly. You know you've suffered major injuries, like a concussion or a broken bone, but you may be unsure about some of the details of your claim. Each claim type has unique rules that can affect your injury claim. For example, a North Charleston car accident claim may require more focus on your insurance company, while your concerns with other types of accidents may focus more on who's responsible for your injuries. If you’ve suffered through an injury, your personal injury attorney in North Charleston may have the tools to help your claim succeed. They can start out with your claim type and review the details of your claim. Below are just a few examples of the claim types we can help with: Motor vehicle collisions, including those involving cars, motorcycles, and commercial trucks Dog attacks Wrongful death Slip-and-fall injuries Medical malpractice North Charleston Laws Can Affect Your Injury Claim There are a few laws that could affect your claim, no matter the type of injuries you suffered from. As your claim is beginning, your lawyer may focus on these laws, because a mistake could leave you with less or no compensation. For example, you have a short length of time to file your injury claim in North Charleston. Typically, you’ll only have three years to file, but each claim is unique. Reach out to your injury attorney about your options if you’re running out of time. You’ll also need to take care to avoid taking the blame for the incident. The defense may try to say you were partly responsible for the injuries you suffered. Your compensation could be reduced by the amount of fault you accept, or your case could even be dismissed completely. You may need help from your North Charleston lawyer to protect your compensation. Reach Out to a North Charleston Injury Attorney If you’ve suffered because someone else was careless, you may have grounds to file a claim against them. They didn’t take care of your safety, and you suffered for it. They should be held responsible, but that can be tough to focus on when you’re injured and suffering. At HawkLaw, PA, we understand that proving an injury claim and seeking compensation aren’t always easy. That’s why we focus on getting our clients the answers they need, starting with a free consultation.* That way, we can talk about your claim before you start your lawsuit. Ready to learn more about your options? Seek out a North Charleston personal injury lawyer by calling 1-888-HAWK-LAW (429-5529) or by filling out the following online contact form. North Charleston South Carolina Practice Areas North Charleston Car Accident Lawyer North Charleston Motorcycle Accident Lawyer North Charleston Truck Accident Lawyer North Charleston Workers' Compensation Lawyer North Charleston Wrongful Death Lawyer ### Workers Comp Lawyer Serving Mount Pleasant When you're at work, you're there to focus on your job. Unfortunately, even if you're just as focused on safety, accidents do happen. That means you may have ended up hurt and struggling to recover. When this happens to you, you may need to seek out a lawyer from HawkLaw, PA. Our attorneys can give you the guidance you need to fight for your workers' comp benefits. A workers' comp lawyer serving Mount Pleasant can give you the answers you need for your work comp claim. Mount Pleasant cases are primarily handled out of our Charleston office. Eligibility for South Carolina Workers' Comp When you’re injured in a work accident, one of your main concerns may be whether you’re eligible for a workers' comp claim. Your employer may have work comp insurance, but not every employer is required to carry this coverage. Typically, if an employer has more than four employees, they’re required to carry workers comp insurance. However, there are exceptions to this rule. For example, proprietors and members of a limited-liability company, or LLC, may not be required to carry insurance. Agricultural or railway workers may also lack workers comp coverage. If you’re concerned that you don’t have the benefits you need for your compensation, you may need help to get compensated. Your attorney serving Mount Pleasant can help you determine whether you’re eligible and what your options are if you’re not. Benefits for Injured Mount Pleasant Workers Your injuries can affect your quality of life, your ability to earn a living, and your family’s situation. Fortunately, you don’t have to simply deal with those losses without benefits. Your workers compensation should cover many of the expenses you’re facing because of your work accident. If you’ve been injured at work in Mount Pleasant, seek out the appropriate benefits for you and your family, which could include the following:  Medical Benefits – When you've suffered a serious injury or work-related illness, you need medical treatment. Your medical benefits should cover any reasonable expenses for your recovery. Wage Replacement – You may be unable to work at the same capacity, but you still need wages to survive. Fortunately, you may be qualified for benefits that cover part of the wages you've lost. Death Benefits – Losing a loved on is a devastating experience, both emotionally and financially. Their death benefits can ease some of the expenses and give you some wage replacement benefits for life or until you remarry. Connect with a Workerss Comp Lawyer Serving Mount Pleasant If you're struggling to get the workers comp benefits you need, you may need help from a workers' compensation attorney. You're struggling with your injuries, and you may have even been denied your workers comp already. That makes it tough to fully recover. Fortunately, your attorney from HawkLaw, PA can help you seek out your worker's compensation. We understand how tough getting compensated is, so we offer free consults.* That way, you know what to expect before you commit to working with our firm. When you’re ready to get started, reach out for help from a workers comp lawyer serving Mount Pleasant. Give us a call at 1-888-HAWK-LAW (429-5529) or complete the online form below to contact us. ### Car Accident Lawyer Serving Orangeburg Many of us use our cars daily to travel. Whether that's for work, for errands, or just for fun, we're on the road a lot. Unfortunately, that time on the road could lead to a substantial crash. After such a serious accident, your lost time at work and your hospital bills could leave you in a tough financial spot. The good news is that a lawyer may be able to help you recover compensation that covers your losses. A lawyer from HawkLaw, PA can help you seek compensation for your car repairs, lost wages, and other losses. A car accident lawyer serving Orangeburg can guide you through your claim. Orangeburg workers comp cases are primarily handled out of our Columbia office. Dealing with Auto Insurers After a car crash, many injured people just want the funds they need to cover the costs of their accident. Your insurance company may offer you a settlement, or money to cover your losses, but they might not offer the full amount you need. If you settle, or accept the insurance company's offer, you might find yourself trying to recover without the full financial help you really need. It’s rarely easy to get the full funds you deserve. The insurers want to protect their profits, which may leave you without the compensation you need to recover. They may delay your claim, lowball your settlement, or outright refuse to discuss it, which means they may be acting in bad faith. If they are, you may be able to file a claim against the insurance company. Having a lawyer on your side may help with your Orangeburg accident claim and any action against the insurance company. While your insurer may not want to compensate you for your losses, your Orangeburg auto wreck lawyer can give you the help you need with your claim. Compensation after a Car Crash It’s important to know what your car crash claim is worth, even if it sounds like your insurer is offering you a fair settlement. While it may seem like they're offering you a fair amount, you could actually be receiving less compensation than you’re entitled to, which could hurt your chances to recover fully. You’ll need to calculate both your financial and non-financial losses suffered because of the crash. While your financial losses may be a matter of adding up your medical bills and lost wages, you might also need to estimate the costs of your future expenses. For example, you may need future surgeries for the injuries you suffered in the accident. Your non-economic losses can also be difficult to recover from. These losses are intangible, which means they don’t have a specific economic value, like the cost of car repairs. Instead, you may need to speak to a lawyer about calculating the impact of your crash-related losses on your mental and emotional well-being. If you’ve suffered through a car accident in Orangeburg, your damages may include any of the following examples: Hospital bills Property damage Household accommodations for injuries, like wheelchair ramps Pain and suffering Emotional trauma Contact a Car Crash Lawyer Serving Orangeburg If you’re struggling with a car accident claim, you may need a lawyer’s help to recover. You might already be feeling overwhelmed by calculating your compensation alone, not to mention seeking that compensation. At HawkLaw, PA, we know how tough filing an accident claim can be when you’re hurt and struggling with trauma. That’s why we offer free consultations;* you need help, and we can discuss what we can do for you before you hire your lawyer. When you’re ready, reach out to a car accident lawyer serving Orangeburg for help. Call 1-888-HAWK-LAW (429-5529) or fill out the online form below. ### Personal Injury Lawyer Serving Orangeburg Dealing with a serious injury can be costly, painful, and frustrating. You're facing injuries that may affect your quality of life and make it tough to recover. That's why you may need a lawyer from HawkLaw, PA. You're struggling with severe injuries, and those injuries may be eligible for compensation. You may be able to file a lawsuit, but without a  personal injury lawyer serving Orangeburg, that can be tough. Fortunately, your attorney may be able to help you through your lawsuit when you’re struggling to recover. Orangeburg personal injury cases are primarily handled out of our Columbia office. Types of Personal Injury Claims If you’ve suffered a severe injury because of someone else’s carelessness, you may be eligible for a personal injury claim in Orangeburg. These claims typically mean that someone was careless with your safety and that your accident wouldn’t have happened if they had met the duty of care that they should have. However, it’s important to talk to your lawyer about the specifics of your accident. Some injury types may have laws unique to those injuries, especially regarding who’s responsible for your injuries. That’s why you may need to reach out to a lawyer before making any decisions. If you’ve suffered an injury in an accident like one of the following, you may be qualified for compensation that covers your losses: Motor vehicle accidents involving cars, motorcycles, or commercial trucks Wrongful death Dog attacks Defective products Slip-and-fall accidents South Carolina Laws Affecting Your Claim When you’re injured, it’s also important to consider the South Carolina laws affecting your accident claim. While some are case-specific, you may also need to consider general injury laws that could leave you with less or no compensation for your injuries. For example, you have a limited time to seek compensation for your claim. In South Carolina, injury victims will typically have only three years to file a claim, often even less time. If you don’t act within that time, you could lose your compensation completely. Other factors may affect your claim, so speak to your Orangeburg lawyer, since you may have even less time than you expected. You may also need to focus on protecting your claim from accusations of fault. The defense may put the blame on you, which can reduce the compensation you receive for your injuries. If you don’t prepare a defense against their claims, you could even lose your compensation completely. Contact a Personal Injury Attorney Serving Orangeburg When you’re injured, your compensation is key for a complete recovery, but it’s not always easy to get. Instead, you might struggle to get answers for your claim and get the help you need. Fortunately, you don’t have to seek compensation alone. Instead, the lawyers at HawkLaw, PA can help. Reach out for a free consultation,* and we can discuss your options for compensation when you’re ready to file a claim. That way, you know what we can offer you before we begin. Your personal injury lawyer near Orangeburg can make a difference in your personal injury lawsuit when you get started, so give us a call. We can be reached at 1-888-HAWK-LAW (429-5529), or you can fill out the online contact form. Orangeburg South Carolina Practice Areas Orangeburg Car Accident Orangeburg Workers' Compensation ### Truck Accident Lawyer Serving Mount Pleasant Commercial trucks are key to shipping the products we need daily. Whether that’s medication, food, gasoline, or other supplies and inventory, these trucks make up a large portion of traffic because of this. Unfortunately, that cargo can turn a traffic accident into a deadly situation. You might struggle to recover without a lawyer on your side. Fortunately, a HawkLaw, PA truck accident lawyer serving Mount Pleasant may be able to help you seek out the full compensation you qualify for after a crash with a semi. Mount Pleasant cases are primarily handled out of our Charleston office. Truck Accident Injuries Are Severe Unfortunately, you may be dealing with uniquely severe injuries because of your Mount Pleasant wreck. These crashes are often more severe than a car accidents because of the size and contents of these trucks. The trucks are usually several times heavier than the average car, and that force could leave you struggling with severe trauma. You might also suffer injuries because of the products the semi-truck is carrying. For example, gasoline is flammable, so you might suffer severe burn injuries if the other driver was transporting gasoline. Keep in mind, though, that you may be eligible for compensation for all those injuries. If you’ve suffered through a truck crash, make sure you go after compensation for your injuries and trauma, which may include the following: Traumatic brain injuries Whiplash Burn injuries Spinal cord injuries, leading to paralysis Post-traumatic stress disorder Bone fractures Compensation for Your Mount Pleasant Victims When you’re hurt by a truck crash, it’s important to seek out compensation that helps you overcome those injuries. Without your full compensation, you could struggle to pay for your bills and recover from the physical and mental trauma. When seeking compensation, your first concern may be your financial losses. These losses cover the expenses for your physical injuries and for the other financial losses in the accident. For example, your compensation typically includes property damage to your car. However, you should also receive compensation for your intangible damages. These losses include things that impacted your mental and emotional health, like the pain of your injuries. Because these losses are intangible, make sure you speak to your attorney to find the full worth of your injury claim. Call a Truck Accident Lawyer Serving Mount Pleasant If you're struggling in the wake of a truck accident, it can be tough to get the full compensation you deserve for your injuries. Your injuries are severe, your expenses are high, and that trauma can prevent you from seeking the full compensation you deserve. At HawkLaw, PA, we understand the suffering you've been through because of your crash, and it's why we're focused on helping. We know how tough your recovery can be, so we offer free consultations* to help you get started. That way, you know what we can offer before you file an accident claim in Mount Pleasant. If you’ve been injured in an 18-wheeler crash and you’re not sure where to begin, a truck accident lawyer serving Mount Pleasant may be able to help. To begin, reach out by calling 1-888-HAWK-LAW (429-5529) or by filling out the online form below. ### Motorcycle Accident Lawyer Serving Mount Pleasant A motorcycle can give you a level of freedom that a car simply can't give. You have less between you and the world, which is perfect for a fun drive or a ride through some of South Carolina’s natural wonders. Unfortunately, it can also put you at risk. If you've been hit by another driver, your injuries after a motorcycle accident can be especially devastating. That's why we at HawkLaw, PA are focused on helping you seek full compensation after a bike wreck. If you're struggling with a personal injury claim, a motorcycle accident lawyer serving Mount Pleasant may be key to building your case. Mount Pleasant cases are primarily handled out of our Charleston office. Dealing with Insurance after a Motorcycle Crash When you’re in a motorcycle accident, you might first think about your insurance policy, which is required for all drivers and should help you recover the compensation you’re qualified for after an accident. Unfortunately, it’s not always that simple. Instead, you might find yourself struggling to get an answer from the insurance company. They’re a for-profit company, so they likely don’t have your best interests at the top of their mind. Instead, they might lowball your settlement or even use stereotypes to place the blame on you as a motorcyclist. If you’re concerned that the insurance company isn’t being fair, reach out to one of our lawyers near Mount Pleasant. We may be able to help you build a claim against the insurance company for your full settlement. Compensation for Mount Pleasant Victims Knowing what your claim is worth before you settle is also vital. Your compensation will be key to your recovery, so it’s important to make sure you’re seeking out the full compensation you need for your recovery. That means you’ll need to get both your financial losses covered as well as your non-financial losses. Your financial losses simply include anything you lost economically because of the accident. For example, if you lost the use of a hand and can’t work like you used to, you may be able to sue for the loss of capacity to earn a living. Non-economic losses are intangible, making them tougher to calculate, but they’re no less important. These losses cover your mental and emotional health, which could be affected by the trauma you suffered in the accident. If you’ve suffered through a motorcycle accident, your claim may include compensation for any of the following losses, plus others: Medical expenses Property damage Lost wages Pain and suffering Emotional trauma Talk to a Lawyer Serving Mount Pleasant after a Motorcycle Accident Dealing with a serious motorcycle accident injury is tough. You’re struggling with injuries that won’t be easy to recover from, and, worse, the parties responsible for your recovery may not be so willing to help. If you’re struggling with this, getting help on your side may be vital. If you’re struggling to settle or fight for your compensation, reaching out to the lawyers at HawkLaw, PA can help. We offer free consultations* so you know what to expect before you work with us. Ready to learn more? A HawkLaw motorcycle accident lawyer serving Mount Pleasant can help when you call 1-888-HAWK-LAW (429-5529) or when you complete the online form below. ### Workers' Compensation Attorney Serving Greenwood While your work environment may be up to OSHA standards, work accidents can still happen at any time. The smallest mistake or malfunction can lead to major consequences, which can leave you injured and struggling to work. Fortunately, you do have the option to seek out workers' comp, but you might not be sure where to begin. At HawkLaw, PA, we understand how complex a work accident can be, and we're here to help. Your workers' comp lawyer serving Greenwood can help you get the answers you need regarding your benefits. Greenwood cases are primarily handled out of our Columbia office. Eligibility for Workers' Compensation When you’re injured, you might be concerned about whether you’re eligible at all for workers' compensation. While most South Carolina workers are covered, there are exceptions that could make getting coverage difficult. For example, certain casual employees aren’t covered. If you do temporary or agricultural work, your employer may not be required to cover your injuries. Railway workers and employees of businesses with fewer than four employees may also be exempt from coverage. Some workers may receive other types of coverage instead. Federal workers living in South Carolina might not receive state workers comp coverage, for example. However, because they are federal employees, they may have other options for recovery. If you’re not sure about where your claim stands, reach out for help from your lawyer. They can review your employment situation and help you determine whether you’re eligible for workers' comp benefits, a different kind of coverage, a personal injury claim, or some other option. Benefits Offered for Greenwood Workers Once you know your options for filing for workers' comp, you’ll then need to know what benefits to expect. Typically, any of your expenses related to your recovery should be covered, so it’s important to make sure the benefits you’re offered fully meet your needs. For example, your medical care and traveling expenses for care should be covered in full. You shouldn’t be left paying for the treatment you need after your injury. You could also receive wage replacement benefits based on your injuries. For example, if you’re completely unable to work, you should receive a portion of the wages you would have earned, which should help you support yourself and your family. If you’re concerned that they’re not offering you the full amount you deserve, reach out for help from your workers' comp attorney serving Greenwood to dispute what you’ve been offered.  Connect with a Workers' Comp Lawyer Who Serves the Greenwood Area A work accident can be painful, confusing, and expensive. While your workers compensation can’t remove the suffering you’ve been through, it does allow you to seek benefits that can help you recover from your injuries. You need help getting your injuries handled and getting back to work, and your workers' comp should help. If you’re struggling to get the full benefits you deserve, a lawyer from HawkLaw, PA may be able to help. We understand that getting benefits isn’t always as simple as filing a claim. That’s why we’re here with a free consultation,* so you know up front how we can help you go after your full benefits. If you’re worried about getting your benefits after a workplace injury, reach out to a workers' comp lawyer serving Greenwood. We can be found by calling 1-888-HAWK-LAW (429-5529) or by filling out the online contact form below. ### Car Accident Lawyer Serving Mount Pleasant For many Mount Pleasant residents, a car is the best way to travel, whether they’re taking a quick trip to the grocery store or traveling across South Carolina. Unfortunately, despite the convenience, there’s still the chance of a serious crash. When you’re injured in an auto wreck, recovering isn’t always easy. At HawkLaw, PA, we understand how legal and health issues can be obstacles to your recovery, so reach out to a car accident lawyer serving Mount Pleasant before you begin. Mount Pleasant cases are primarily handled out of our Charleston office. Responsibility in Car Accidents When you’re injured in a car crash, one of the first questions you may need to ask is who may be responsible for your accident. South Carolina is a fault state, which means the person responsible for your accident is also financially liable for the crash. That fault could fall on a few different parties, depending on your claim and the details of your situation. You may want to review the specifics of your claim with a car accident lawyer before you file against anyone. Typically, the other driver is the responsible party, because they may have been distracted, drowsy, or even driving under the influence of alcohol. However, they’re not the only ones who can be liable. For example, if you were injured by a parts malfunction, the manufacturer might be responsible because they didn’t make their products safe enough. Compensation for Mount Pleasant Drivers Once you and your attorney determine who’s responsible for your injuries, you’ll then need to focus on what compensation you could seek for your losses. Mount Pleasant car accidents are a serious matter, and you may be able to seek significant compensation for the losses you’ve suffered because of the crash, also called damages. Typically, these damages cover both your economic and non-economic losses. That means you shouldn’t only receive compensation for the costly payments you’ve made because of your crash. Instead, you may also receive compensation for the emotional and mental toll of your injuries. While these losses are intangible, they may still be compensated, since you wouldn’t have suffered if the accident had not happened. If you were injured by a careless driver, you may be entitled to some or all of the following categories of compensation: Medical bills Lost wages Property damage Pain and suffering Loss of enjoyment of life Emotional trauma Contact an Auto Accident Lawyer Serving Mount Pleasant When you’re injured in Mount Pleasant by someone else’s carelessness, it’s not always easy to recover. Sadly, it can be difficult to even deal with your medical bills. The responsible party may be tough to find, and, worse, once found, they may not be willing to pay for your suffering. Fortunately, an attorney from HawkLaw, PA can help. We understand just how tough it can be to overcome your injuries, and we’re prepared to help, starting with a free consultation.* When you’re struggling with your lawsuit, reach out for help from a Mount Pleasant car accident lawyer. We’re ready to help when you call 1-888-HAWK-LAW (429-5529) or fill out the online form below. Additional accidents that Hawklaw, P.A. serves. Motorcycle Accidents  Truck Accidents    ### Personal Injury Lawyer Serving Mount Pleasant Whether we're at home, at work, or enjoying one of Mount Pleasant’s many historical landmarks, unfortunately, there's always a risk of an injury. Sometimes, people are careless, and you might be the one who suffers for that carelessness. Luckily, you don’t have to accept your injuries without seeking compensation. Instead, a lawyer from HawkLaw, PA can help you work to overcome your suffering and make a recovery. Mount Pleasant cases are primarily handled out of our Charleston office. Responsibility for Your Injury When you're hurt, finding the person responsible for your suffering is vital. You'll need help making a full recovery, but you might not even be sure who's responsible for paying for that. That makes it tougher to move forward with seeking full compensation. Fortunately, your injury attorney serving Mount Pleasant can step in here. We can take a closer look at who might be the responsible party for your claim when you’re not sure. For example, if you slipped and fell in a store, the property owner is usually the responsible party, but that might not be clear in the aftermath of your injury. Likewise, finding the person responsible for your injuries when you’re hurt by an object can be difficult, too. You might not be sure whether a manufacturer or seller is responsible, which is why it may be best to seek guidance now, not later. Compensation for Mount Pleasant Victims Once you and your personal injury lawyer seek out the person responsible for your injuries, you’ll also need to determine what you’re owed. Many South Carolina residents find themselves struggling to get the full compensation they deserve because they don’t know what their compensation is really worth. For example, let’s say you’re hurt in a serious motor vehicle accident, like a car or motorcycle crash. You might already know that you need compensation for your medical bills, as well as funds to cover your time away from work. However, you might not be familiar with the costs of your mental and emotional losses. These losses, called non-economic damages, are intangible, which may make them difficult to calculate on your own. Instead, you may need to the tools and resources a lawyer serving Mount Pleasant can offer for calculating these losses. Speak to a Personal injury Attorney Serving Mount Pleasant When you’ve been injured because someone else was careless, your recovery isn’t always easy. Sadly, you may find yourself struggling to get the full compensation you deserve when you need it most. That’s why it’s so important to speak to a lawyer at HawkLaw, PA now, when you’re starting to seek compensation. Your attorney may be key to getting your full compensation when you’re struggling with your injuries. Starting with a free consultation,* you can get the answers you need about your claim before you make any decisions. If you’re struggling to recover, your  personal injury lawyer serving Mount Pleasant is ready to speak to you as soon as possible about your recovery. To get started with your lawyer, give us a call at 1-888-HAWK-LAW (429-5529) or complete the online form below. Mount Pleasant South Carolina Practice Areas Mount Pleasant Car Accident Mount Pleasant Motorcycle Accident Mount Pleasant Truck Accident Mount Pleasant Workers' Compensation ### Truck Accident Lawyer Serving Greenwood Tractor-trailers might be a convenient way to transport freight and products, but for many drivers, it’s nerve-racking to share the road with these trucks. That’s with good reason, too—these vehicles might be up to six times the size of your typical car, which could mean major damage if you’re hit by one in a vehicle collision. If you know firsthand how dangerous that damage is, you may need an attorney from HawkLaw, PA on your side. Your truck accident lawyer serving Greenwood can make a major difference with your claim and help you seek full compensation for your recovery. Greenwood cases are primarily handled out of our Columbia office. Who’s Responsible in a Trucking Crash? When you're involved in a truck accident, your first concern is finding the responsible party. Because South Carolina is a fault state, the responsible party will be responsible for paying for your injuries. Unfortunately, finding the right person isn't always easy. For example, the truck driver is often not the liable party. While they may have been the cause of the truck crash, they answer to their employer, who’s responsible for the actions of their employees. Sometimes, other factors like faulty parts or road hazards may be responsible for your accident and, in turn, your injuries, so speak to an accident attorney serving Greenwood before you file against anyone. Compensation for Truck Accidents After you find the responsible party, you’ll need to know what compensation you’re due for your losses. These losses, both economic and non-economic, should be included in your recovery. For example, you might already know some of your economic losses. You might have already had your car inspected, for example, or the hospital might have sent you a bill. However, you might not be sure about the future costs of your losses, which will also need to be added up or estimated. You may also need help finding the worth of the intangible losses you’ve suffered. For example, you should receive compensation for your pain and suffering, but it can be tough to calculate the worth of these kinds of losses based on their impact to your life. If you’ve been hit by a truck driver in Greenwood, the following compensation categories and others may be available for your recovery: Hospital expenses Emotional distress Lost income Pain and suffering Property damage Contact a Truck Accident Lawyer who Serves The Greenwood Area Truck accidents are some of the toughest types of accidents to recover from. You’re dealing with major injuries that could leave you with permanent damage. Worse, it can be tough to find the people responsible for your suffering. At HawkLaw, PA, we understand how complex and difficult these claims can be, especially when the insurers don’t want to pay. Fortunately, you have a chance to recover with help from your attorney. Seek us out for a free consultation,* and we can discuss what you can do in the wake of an 18-wheeler crash. We’ll make sure you know what to expect from us before you agree to anything. If you’re struggling with your claim, reach out for help from a truck accident lawyer serving Greenwood. To take advantage of our free consultations,* reach out by calling 1-888-HAWK-LAW (429-5529) or by completing the online contact form below. ### Motorcycle Accident Lawyer Serving Greenwood Motorcycles make for a great way for many people to travel around with more freedom and fun than a car usually allows. Unfortunately, it also puts you at risk. As a motorcyclist, there’s a chance that a driver won’t see you or that a pothole could cause you to lose control. Now you might be seriously injured after a wreck and struggling to recover. Without help from a lawyer from HawkLaw, PA, that can feel impossible. If you’re a motorcyclist, help protect your future by calling a motorcycle accident lawyer serving Greenwood. The other party in your accident may not be willing to pay for your recovery, so make sure you have the right team on your side when you’re filing a Greenwood personal injury claim. Greenwood cases are primarily handled out of our Columbia office. Motorcycle Accident Injuries As a motorcyclist, you’re uniquely exposed to the road in a way other drivers aren’t. You may only have a helmet between you and the road. That may protect you from more severe brain injuries, but it may not prevent all damage. Unfortunately, because the damage done in motorcycle crashes is so severe, it can be tough to recover fully from your accident. You may need long-term treatment or even rehabilitation to relearn certain tasks. Permanent damage is a possibility when you’re seriously injured like this. In the worst cases, motorcyclists may even pass away because of the accident. If you were injured in a motorcycle accident, you may need a lawyer to get compensation for injuries like the ones below: Head trauma Spinal cord injury Broken bones Internal organ damage Burn injuries South Carolina Laws on Motorcycle Crashes When you’ve been left with such major injuries, it’s important to act now to get your compensation. Unfortunately, as a motorcyclist, you may be at a disadvantage, since the responsible party may be especially likely to try to blame you. Talking to an attorney and understanding the law is vital to getting your compensation. For example, you may not have known until now that if you don’t act in time, you could lose your compensation. South Carolina requires injured drivers to file a claim within three years for their injuries, or their case will be dismissed. You’ll also need to protect yourself from blame. The liable party will usually claim you caused the accident, and if you accept that, you could lose part or all your compensation. Worse, if you’re found more at fault than the other person, you might lose your chance at any compensation at all. Get a Motorcycle Accident Lawyer Serving Greenwood on Your Side After a motorcycle crash in Greenwood, you may need help getting the funds you need for a full recovery. These wrecks are expensive, making it tougher for you to focus on healing from your injuries. Fortunately, you may have a better chance for recovery with a lawyer from HawkLaw, PA on your case. If you’re struggling with your claim, reach out for a free consultation.* We’ll discuss your opportunities for compensation and what we can do to help. That way, you know what to expect from your motorcycle accident lawyer serving Greenwood before you ever get started. To reach out for your consult, call 1-888-HAWK-LAW (429-5529) or complete the online form below. ### Car Accident Lawyer Serving Greenwood Car accidents can be really stressful, especially when you are injured. The laws are complicated and insurance companies – even the one you hired – will often try to payout less than you are owed on your claim. A car accident lawyer serving Greenwood may help alleviate some of that stress by taking the burden off of your shoulder, so you can focus exclusively on your recovery. At HawkLaw, we have a team of attorneys and staff who strive to help folks just like you. We understand that another person's poor decisions may lead to a lifetime of pain or hardship for you. Working with a car accident attorney from our firm is one way to show insurance companies that you mean business about your case. Call or contact us today to get started. What Does a Car Accident Lawyer Do for Greenwood Injury Victims? When you are injured in a wreck in Greenwood, your car accident lawyer serves as your advocate and your liaison with the insurance company(ies). That means we: Review the facts of the car accident lawsuit: The first step of any case is a thorough investigation into the accident. This goes beyond just understanding the incident itself to examining the medical history of all involved parties, considering the impact of any adverse weather or hazardous road conditions, and even delving into the background of the auto insurers. This reduces the risk of any "surprises" that could affect the outcome of your case. Coordinate with all parties to gather relevant evidence and information: This includes speaking with your doctors, your boss, and the responding officer, as well as any witnesses. We may also speak with friends and family. We put together the accident report, medical reports, any photos or videos, and any other documentation and evidence we need to build a case. Prepare for trial: Though most claims – even ones involving life-threatening injuries – will eventually settle, there are times when a jury trial is the only way to secure a fair award. Our willingness to go to trial is well known in the Greenwood community and by insurance companies that serve South Carolina. Hiring us sends a message that you are not willing to accept an unfair offer. How Is Fault Determined in a Car Accident? Fault for a car accident is generally determined in one of three ways: The police assign fault at the scene. The insurance company assigns fault while assessing a claim. A judge and/or jury decides who is at fault in a courtroom. The at-fault party in a Greenwood car accident can then be held financially responsible, or liable, for any losses or damages associated with the crash. Fault generally hinges on negligence. Negligence refers to the failure to act with the level of care that a reasonably prudent person would have exercised under similar circumstances. In car accident cases, this means proving that one party did not exercise the proper care expected of them and that this failure directly led to the accident and the resultant injuries or damages. Determining fault is a critical aspect of a car accident claim in Greenwood, as it directly influences the compensation you may be entitled to receive. This underscores the importance of having a knowledgeable car accident lawyer who can effectively demonstrate the other party's negligence and minimize your share of the fault, thereby maximizing your potential compensation. When You Contribute to Your Own Car Accident in South Carolina South Carolina operates under a modified comparative negligence rule. This rule allows for the possibility that more than one party can be found at fault for an accident. The amount of compensation one can receive is proportionally reduced by the percentage of fault they are found to bear. What this means is, if you are one of those parties, you can still recover compensation for your injuries. For instance, if you are deemed to be 30% at fault in an accident and the total damages are $1,000,000, you would be eligible to recover $700,000, reflecting a 30% reduction in your recoverable damages. However, if a party is found to be more than 50% at fault, they are barred from recovering any damages. If you think you may share blame, then engaging a South Carolina car accident attorney could make a significant difference in your case. Note: if you believe you contributed to your own accident, do not admit fault at the scene. It can come back to harm your case later, even if it turns out you were not to blame at all. How Much Is the Average Settlement for a Car Accident? In Greenwood, as in other parts of South Carolina, the average settlement for a car accident hinges on the specifics of the accident, the severity of injuries incurred, and the extent of property damage. Key considerations include the cost of medical treatment (both immediate and ongoing), the victim's lost wages and potential for future earnings loss, the degree of pain and suffering experienced, and the percentage of fault a victim may share. How Much Do Car Accident Lawyers Charge in Greenwood? At HawkLaw, we take car accident claims on contingency. That means our pay depends – or is contingent upon – a successful resolution of your case, because we take our fee from your compensation award. We also recoup our costs from this award, which means you do not have to pay for services or associated fees* until after the case ends. We believe in transparency, so we can discuss the contingency fee arrangement during our consultation. Common Car Accident Injuries Car accidents can lead to a wide array of injuries, varying from minor to severe, or even fatal. Injuries frequently encountered in car accidents include: Wrongful Death: Tragically, the most severe accidents result in loss of life, leaving families to cope with both emotional distress and financial burdens. Brain Injuries: These can range from mild concussions to severe traumatic brain injuries (TBIs), affecting cognitive functions and potentially leading to long-term disability. Spinal Injuries: Damage to the spinal cord can result in partial or complete paralysis, significantly altering a victim's quality of life. Broken Bones and Fractures: The force of a collision often causes fractures and broken bones, which can vary in severity and sometimes require surgery or prolonged rehabilitation. Back Injuries: The impact of a car accident can lead to herniated discs, strains, and other back injuries that may cause chronic pain and mobility issues. Neck Injuries: Including soft tissue damages and more severe conditions like cervical radiculopathy, neck injuries are common due to the sudden jerking motion of the head and neck during a crash. Whiplash: This is a specific type of neck injury resulting from the rapid back-and-forth movement of the neck, often leading to prolonged discomfort and reduced mobility. Miscarriage: Pregnant women involved in car accidents may suffer from miscarriages due to the trauma, representing a profound loss and emotional distress. Catastrophic Injuries: These refer to injuries that permanently prevent an individual from performing any gainful work, drastically altering their lives and the lives of those around them. Other Injuries: Including but not limited to internal bleeding, organ damage, bruises, and injuries to the eyes. These injuries may not be immediately apparent but can have lasting effects on an individual's health and well-being. These types of injury cases typically seek compensation for medical expenses, lost wages, and pain and suffering, both physical and emotional. These often require extensive documentation and medical records to substantiate the extent of the injuries and their impact on your life and the lives of those around you. When a car accident is fatal, we can help you with a wrongful death claim. These claims seek to compensate the surviving family members for their loss, covering funeral expenses, loss of future income, and emotional distress. Questions to Ask a Car Accident Lawyer Finding the right car crash lawyer serving Greenwood for your needs can be a challenge, especially if you have never hired a lawyer before. Here are some questions you can ask during your consultation: Do you take a lot of car accident clients? Car accidents can get complicated. You deserve a lawyer who has a track record of success on behalf of their injury clients, and you have every right to ask about their practice. How often do you go to trial? Not all cases settle out of court, so it's important to ask about the lawyer's trial experience. You want a lawyer who will not push you to settle if that is not in your best interest. Can you tell me about your other car accident cases? Ask for examples of past cases similar to yours and their outcomes. This can help set realistic expectations for your case and provide insight into the lawyer’s effectiveness.  How will I receive my compensation? Ask the attorney how you will receive your final award, and what steps you may need to take to avoid having your payment delayed. Who will actually represent me? You have a right to know who will be handling your case. Find out which attorney you will work with, and ask the names of any clerks, administrators, or other team members who may be assisting you along the way. Will I have to go to court? Most car accident claims are resolved through settlements before reaching court. However, if an agreement cannot be reached or if the case involves multiple parties, going to court might be necessary to achieve a fair outcome. If I don't like my current lawyer, can I switch to you? If you're dissatisfied with your current legal representation, you have the right to change lawyers. It’s important that you feel confident in your lawyer's abilities and commitment to your case. If you're considering a switch, contact HawkLaw to learn more about how we may be able to assist you. Our priority is ensuring you feel supported and informed throughout the legal process. Do You Have a Car Accident Lawyer Near Me? HawkLaw maintains multiple offices throughout South Carolina, and often serves Greenwood clients from our Columbia location. We're located at 140 Stoneridge Drive, Suite 430, on the other side of US 76 from Riverbanks Zoo. You'd get off at the Greystone Blvd exit, most likely. There's plenty of onsite parking, and there's also a bus stop a few buildings away. We have additional offices serving Anderson, Charleston, Greenville and Spartanburg. Contact a HawkLaw Car Accident Lawyer Serving Greenwood Today If you're dealing with the effects of a car accident in Greenwood and need legal guidance, HawkLaw is here to assist you. Our dedicated team understands the challenges you face and is ready to support you every step of the way. Contact us today to begin the journey towards your recovery. ### Personal Injury Lawyer Serving Greenwood In your daily life, you might not often think about what you’d do if someone was careless with your safety and hurt you. Sadly, it might be a consideration you’ll now have to take. At HawkLaw, PA, we know how an injury can happen in an instant and how it can hurt your future. That’s why you may want a personal injury lawyer serving Greenwood on your side. We understand South Carolina injury law, and we’ll help you seek the full compensation you deserve so you don’t have to worry about how to go about pursuing the funds you need for a full recovery. Greenwood cases are primarily handled out of our Columbia office. Types of Personal Injury Claims A personal injury claim can cover many types of injuries. The key to an injury claim, however, is that you were injured because another person was irresponsible with your safety. For example, another driver hitting you because they were texting may warrant a personal injury claim. However, it’s not always clear when a personal injury claim is available. You may be considering a claim, but you’re not sure if your Greenwood case counts. Fortunately, an attorney can explain where your claim stands. If you’re struggling in the wake of any of these injuries or others, reach out to an injury lawyer who serves Greenwood for help with your recovery: Motor vehicle accidents involving cars or motorcycles Commercial truck accidents Dog attacks Slip-and-fall accidents Wrongful death of a loved one South Carolina Laws to Watch For Sadly, it takes more than knowing you have the opportunity to file to actually get your compensation. Instead, you’ll need to make sure you address the laws that could affect your claim. If you’re not careful, you could lose part or all your compensation. For example, you’ll only have three years to file a claim for your injuries in Greenwood. If you fail to file your claim in time, your claim may be dismissed, leaving you without compensation for your losses. You’ll also need to avoid taking the blame for the injuries, if possible. The responsible party will want to shift the blame to you, so they may claim you were partly responsible for your losses. If they succeed, in South Carolina, your compensation will be reduced by the amount you’re found at fault for. For example, accepting 15 percent of the blame means you’ll only receive 85 percent of the compensation. Talk to a Personal Injury Lawyer Who Serves the Greenwood Area When you’re hurt, getting compensation for your losses is a major part of your recovery. Unfortunately, you might not even be sure whether your situation qualifies as a personal injury case. Without experience on your side, it can feel impossible to make a full recovery. Fortunately, that’s where we at HawkLaw, PA can step in. We understand how tough it can be to recover from your injuries, so we offer free consultations* regarding how we can help with your claim. If you’re ready to begin, reach out to your personal injury lawyer serving Greenwood by calling 1-888-HAWK-LAW (429-5529) or by filling out the following online contact form. Greenwood South Carolina Practice Areas Car Accident Lawyer Motorcycle Accident Lawyer Truck Accident Lawyer Workers' Compensation Lawyer ### Workers' Comp Lawyer Serving Lexington On the average day of work, you might not spend much time thinking about a work accident or on-the-job injury. Unfortunately, these accidents can happen any time, whether they happen all at once or over time. At HawkLaw, PA, we understand how sudden and severe these accidents can be. Fortunately, that’s also where your workers comp lawyer serving Lexington can step in. We understand how severe your injuries are, and we’re ready to help you fight for funds. Lexington cases are primarily handled out of our Columbia office. Eligibility for Lexington Workers As a South Carolina worker, one of your first concerns may be about your eligibility for benefits. You know that you were injured at work, but that doesn’t mean you’re sure how to get your compensation. While many workplaces do provide this information, you might have a difficult time finding it. Fortunately, the majority of Lexington workers should be covered by their employers. However, there are a few types of workers who may need help getting workers comp benefits or a settlement for their injuries. If you fall into the following categories of workers, you may need an attorney’s help with your recovery: Railway workers Agricultural workers Federal employees working in South Carolina Temporary employees Some realtors The Workers Comp Process Once you’ve found whether your employer carries workers comp insurance, you’ll need to act to get your compensation. Generally, you’ll have just ninety days to notify your employer. You’ll need to file a claim reporting your injury and requesting workers comp benefits. After that, the insurance company will review your claim. They’ll determine whether your injuries should be covered by workers comp benefits. They’ll also determine how much these benefits would be worth and how long you should receive them. This decision-making process should be quick. Injured employees need answers fast, so you should get a quick response about your claim. You’ll receive a letter either approving or denying your claim. An approval letter should also include your benefits and the details about your claim, such as when your benefits will begin. If you’ve been denied, however, don’t panic. Your injury attorney can help you review your claim and fight your denial, rather than simply accepting the loss. Reach Out for a Workers Comp Lawyer Serving Lexington If you’ve been injured at work, you don’t have to suffer alone. Instead, you can seek out help from a work comp lawyer, who can help you get the compensation you need for recovery. At HawkLaw, PA, we want to see workers like you get the full benefits you need for a recovery. We’re ready to fight for you, which is why we offer free consultations.* A consult with our attorneys can give you a better idea of your claim and what we can do for it before you file or sign anything. If you’re ready to begin, give us a call today at 1-888-HAWK-LAW (429-5529). You can also fill out the following online form to contact to get started. The information provided above is not legal advice. Each claim is different, and results are not guaranteed. An attorney-client relationship is not created by the submission of the form below. ### Truck Accident Lawyer Serving Lexington 18-wheelers and other commercial trucks deliver tons of goods to our stores every day. You might see them regularly on I-20, transporting the goods we need for a comfortable life. Unfortunately, trucks these size can be as dangerous as they are helpful. That means many drivers like you are left with serious injuries and severe trauma. Fortunately, you'll also have a chance to recover with the help of a truck accident lawyer serving Lexington. At HawkLaw, PA, we understand how tough recovery can be, and we'll help you understand your claim and act now for compensation. Lexington cases are primarily handled out of our Columbia office. Responsibility for a Truck Accident in South Carolina When you're hurt in a semi-truck accident, you'll first need to find the person responsible for your injuries. South Carolina is a fault state, so the at-fault driver will be liable for your losses, as well. However, accidents involving truck drivers are a little more complicated. These drivers aren't just on the road for travel or leisure. Instead, they're at work, which means that their employer might be the responsible party. Although they weren't involved with the accident, they're responsible for making sure their drivers are trained, following the rules, and prepared for their jobs. If they fail to do so, they might be the ones to pay for your suffering. Your Compensation for 18-Wheeler Wrecks After you've identified the responsible party, don't forget to talk to your lawyer about what they owe. Truck crashes are expensive, and they can take a physical, financial, and emotional toll. That's why you'll need to ensure you get coverage for all your losses, both economic and non-economic. Keep in mind that your non-economic losses may be more difficult to calculate. Although identifying your medical costs might be as simple as collecting your bills, for example, the intangible effects of pain can be more complicated. You'll need an 18-wheeler crash attorney to help you determine how much your damages are worth. Talk with your truck accident lawyer about the damages you're eligible for, such as the following: Medical costs Lost wages Pain and suffering Mental trauma Property damage Contact a Lawyer after a Lexington Truck Accident When you're injured by a truck driver, you might struggle to understand your claim and your options for recovery. You'll need help getting the full compensation you deserve for your suffering because the responsible party will likely fight back to avoid paying. That's why it's important to get a lawyer from HawkLaw, PA on your side now. Our attorneys can offer you the guidance and defense you need, starting with a free claim consultation.* Your no-obligation review can help you understand your claim and how much compensation you're due. Get started today by talking with your truck accident lawyer serving Lexington before you file. To get the help you need, start with your consultation and call 1-888-HAWK-LAW (429-5529) or complete the online form below.   The information provided above is not legal advice. Each claim is different, and results are not guaranteed. An attorney-client relationship is not created by the submission of the form below. ### Motorcycle Accident Lawyer Serving Lexington For many Lexington residents, a motorcycle is a great way to save gas and experience a little freedom, whether you’re heading to work or just taking a scenic drive across Lake Murray Dam. Sadly, many other drivers aren’t so careful, which can turn a scenic drive into a painful crash. If you’ve been hit by another driver, you might need the help of a motorcycle accident lawyer serving Lexington. The attorneys at HawkLaw, PA can help you get the compensation you need when other drivers are careless. Lexington injury cases are primarily handled out of our Columbia office. Insurance Law for Motorcyclists When you're first hurt in a motorcycle accident, you'll need to know what your options are for recovery. South Carolina is a fault state, which means that the responsible driver is also responsible for paying for your injuries. That means that you can file with their insurance company, or you can file with your own insurance provider and let them seek funds for your recovery. The problem is that many insurers might not be so willing to help with your recovery. They're a for-profit business, which means they might lowball your settlement or even refuse to settle with you. That leaves you struggling to recover. That's why you'll need a motorcycle accident attorney on your side. We understand how important your compensation is, and we'll help you understand what your claim is truly worth. Compensation for Lexington Motorcycle Wrecks Understanding the worth of your claim may be vital for your recovery. If you don’t know what your claim is worth, your insurer and the responsible party might take advantage of that. You can expect them to try to lowball your settlement and try to reduce what they have to pay. That’s why it’s important to understand your losses before you file a claim, both financial and non-financial. These losses, or damages, can be tough to calculate without help. You may need an attorney to help you quantify these damages. If you’ve been in a motorcycle crash, you may be entitled to compensation for the following damages: Medical bills Property damage Loss of earning capacity Pain and suffering Emotional trauma Seek Out a Motorcycle Crash Attorney Serving Lexington If you’ve been hurt in a motorcycle accident, the results can be disastrous. You’re facing major consequences because someone wasn’t watching out for you and your bike. Fortunately, you’ll have a chance to recover from your losses and your injuries. If you’re struggling after a motorcycle wreck, you may need a lawyer from HawkLaw, PA on your side. We understand how tough your claim is, and we’re ready to guide you to the compensation you deserve. Still have questions about your claim? We also offer free claim consults, which means you get to discuss your claim for free, with no obligation to work with your motorcycle accident lawyer serving Lexington. If you’re ready to get answers, reach out by calling 1-888-HAWK-LAW (429-5529) or by filling out the following online form. The information provided above is not legal advice. Each claim is different, and results are not guaranteed. An attorney-client relationship is not created by the submission of the form below. ### Car Accident Lawyer Serving Lexington Many South Carolina residents find themselves behind the wheel every day. Whether you’re taking Highway 1 on a trip out of town; or, you’re driving down Sunset for groceries, there are plenty of drivers like you on the road. Sadly, not all those drivers are as cautious as you. Now, you’ve been hit by one of them, and you’re hurt. You’ll need compensation to recover, which can be tough to secure without the help of a car accident lawyer serving Lexington. Fortunately, the attorneys at HawkLaw, PA are ready to assist. Reach out when you’re struggling with your accident claim. Lexington cases are primarily handled out of our Columbia office. South Carolina Fault Laws When you’re injured by another driver, you’ll need to understand your options for recovery. Because South Carolina is a fault state, you’ll need to know who’s at fault and start gathering evidence to prove it. So, what is a fault state? For you, this means that the person who caused your accident is the person responsible for paying for the damage. That means that you’ll need to file a claim with their insurer, let your insurance company pursue compensation for your losses, or file a lawsuit against them. Speak to your car wreck attorney who serves Lexington about your options. Typically, your best option will depend on whether your insurer is willing to pay for your injuries, and whether they offer a compensation amount that reflects all of your damages. Losses in a Car Crash Before you accept a settlement, however, it’s important that you understand the magnitude of the losses you’ve suffered. Understanding their value will help you completely recover, so if you fail to ask for the full amount you need, you could be left paying for some of your expenses. Typically, you’ll receive both economic and non-economic damages. That means that you’ll receive compensation for both your expenses and for the more complicated mental and emotional suffering you’ve experienced. Keep in mind, though, that these damages can be complex. You might have lasting injuries that require future care, and non-economic losses are intangible, which makes them tough to calculate. Speak to a car accident lawyer if you’re struggling to calculate the full value of your claim. Call a Car Wreck Lawyer Serving Lexington If you’re hurt in a car crash, recovering compensation for your damages is crucial. You’re hurt, and the responsible party might not be so willing to help you recover. Fortunately, the lawyers of HawkLaw, PA can help you get the full recovery you need. If you’re struggling after an auto accident, you’ll need guidance from attorneys who can help you recover your full compensation. Fortunately, we can help you get started with a free consultation. We’ll discuss your claim with you before you sign or pay anything. When you’re ready to get started, reach out for help from a car accident lawyer serving Lexington. To begin with your complimentary consultation, give us a call at 1-888-HAWK-LAW (429-5529) or complete the online form below. The information provided above is not legal advice. Each claim is different, and results are not guaranteed. An attorney-client relationship is not created by the submission of the form below. ### Personal Injury Attorney Serving Lexington Lexington residents have plenty to keep them busy. There's not just your work and home life, either. Many residents enjoy a show at the Icehouse Amphitheater or explore the great outdoors on the Jim Spence Islands. Unfortunately, these and other public locations can turn dangerous in an instant. Worse, someone else's actions might have caused your injuries. Fortunately, you have options to recover, and a  personal injury lawyer serving Lexington can help. Speak to the lawyers at HawkLaw, PA, to act now for your claim. Lexington cases are primarily handled out of our Columbia office. What Is a Personal Injury? First, it's important to understand the claim you're facing. It's not just an accident. A personal injury lawsuit comes when a person is careless with your safety, and that carelessness leads to an injury or other damages. For example, let's say you're crossing the street when you're hit by a car or truck. You're hurt by the responsible party who was distracted at the time of the accident. In these cases, you may have grounds to file a claim against the driver for the damage they caused to your health and your finances. Compensation for Your Injuries Injuries can be expensive to recover from, which makes it more important than ever to seek compensation. These funds should cover the losses you've suffered—also known as damages-- because of the accident. Typically, these cover two types of damages: economic and non-economic. Your economic damages should cover all related financial losses. For example, your medical bills and lost wages should be covered if you're hurt in a fall. Your non-economic damages are intangible, however, which will make them more difficult to calculate. These damages, such as pain and suffering, may require special tools to calculate, which your attorney can provide. South Carolina Laws on Your Claim When you're hurt, it's important to protect your opportunity for compensation. If you don't, your claim for compensation could be dismissed. For example, you'll typically only have three years to file your claim. If you don't file in time, your claim will be dismissed without compensation. Worse, you could lose part or all your compensation if you're found partially at fault. In South Carolina, your compensation will be reduced by your amount of fault. For example, if you're found 30 percent at fault, you would only receive 70 percent of your compensation. If you're more than 50 percent at fault, your compensation will be dismissed. Contact a Personal Injury Lawyer Who Serves the Lexington Area When you're hurt because someone else was careless, you'll need someone on your side for guidance. Getting your compensation is tough. Not only are you facing confusing laws, but you're also hurt and trying to recover. That's why you need a lawyer from HawkLaw, PA on your side. We understand how tough South Carolina law can be, so we'll help you get answers, starting with a free consultation. Here, we'll discuss your situation and what we can do to help. When you're ready to begin, reach out by calling your personal injury lawyer serving Lexington today.  We can be reached by calling 1-888-HAWK-LAW (429-5529) or by completing the online form below. *Results are not guaranteed and all cases are different. The summary of personal injury laws provided above is not intended to be legal advice for your claim, and is provided for information only. Lexington South Carolina Practice Areas Lexington Car Accidents Lexington Motorcycle Accidents Lexington Truck Accidents Lexington Workers' Compensation Claims   ### Workers' Compensation Lawyer Serving Myrtle Beach After experiencing an injury from work, your recovery might be difficult and a little confusing. You’ll need to know what your workers’ compensation benefits cover, but you may have some trouble getting that information. For example, nontraditional workplaces may lack a designated break room (where workers’ comp posters are typically displayed). Additionally, you may encounter challenges in obtaining responsive communication from your employer. If you need assistance with a workers’ compensation case in Myrtle Beach, speak to your lawyer at Hawklaw, P.A. You are entitled to receive your complete benefits, and the workers' compensation attorney serving the Myrtle Beach area can assist you in securing these benefits following your accident. Myrtle Beach cases are primarily handled out of our Charleston office. What Is Workers’ Compensation Insurance? Workers' compensation insurance is a type of insurance that provides coverage for medical expenses, lost wages, and more in the event of an accident occurring at work. Employers are required to provide safe working environments, so any accident that occurs on their premises is on them to cover in most cases. That is why they have workers' compensation insurance. It is important to understand your rights as a worker and know when you are entitled to benefits. If you are hurt on the job in Myrtle Beach, you have a right to receive paid medical care and to be paid for the time you are unable to work during recovery. Your medical treatments should continue until you reach what is considered to be maximum medical improvement. If you have specific qualifying injuries, you may even have the right to lifetime benefits. If you return to work with restrictions on what you can do, you are also entitled to compensation for the difference in pre-injury wages. A personal injury lawyer with a practice area in workers’ compensation can help. Workers’ Compensation Process for Myrtle Beach Workers When you are injured on the job, your primary concern is going to be recovering from your injury. The details of filing for workers' comp certainly do not make the recovery process any easier, but the steps are important to know. Here are the most important steps to remember to put yourself in a good position to receive compensation. Report the Injury to Your Employer The first step you must take after you have received the proper emergency medical care is to report the injury to your employer. This is an essential step because your employer is responsible for providing you with the proper documentation to file a workers' compensation claim. Plus, you have to notify your employer within 90 days for your claim to even be eligible for benefits. Seek Medical Attention Your injury will likely require further care after the initial trip to the emergency room. Make sure to get all the necessary medical care that's recommended by doctors in the wake of your accident. Not only is this helpful for your recovery, but failing to follow the doctor's orders can be used against you by the insurance company, which can argue that it demonstrates how minor your injuries were. Keep Records You should maintain detailed records of all your medical expenses, treatments, and potential lost wages throughout the recovery process. This will serve as helpful evidence in your case when it comes to calculating economic damages, which are damages that can be specifically quantified in terms of compensation. Watch Your Deadlines Much like other insurance claims, workers' compensation claims have strict deadlines that you must adhere to if you want to receive benefits. Failure to meet these deadlines could result in your entire personal injury case being rendered ineligible for compensation. For example, South Carolina requires that injured employees alert their employer that they have been injured on the job within 90 days of the injury. Additionally, you have two years from the injury to actually file a workers' compensation claim, though it is always better to file sooner rather than later. Can You File Both a Personal Injury Lawsuit and Workers' Comp Claim in Myrtle Beach? While it is possible to file for both workers' comp and personal injury in a civil suit, your case may not warrant doing both at once. Typically, third-party lawsuits are only permitted when someone else's negligence is directly responsible for your workplace accident. For example, a vehicle driver on your worksite hit you, or you were injured through defective equipment. You can file for workers' compensation and hold the responsible party accountable in a civil suit. Compensation in a third-party claim is typically restricted to anything your workers' comp claim did not cover. For example, you cannot get paid twice for the cost of your medical expenses. If workers' comp did not cover all of your medical expenses, however, a civil suit against the negligent third party could fill the gap in medical benefits. Remember, however, that your employer cannot be sued in a civil suit unless they directly violated your rights during the workers' compensation process. One of the most important factors in civil cases is the availability of non-economic damages. Workers' comp only covers economic damages like medical costs and lost wages. Non-economic damages are a bit tougher to quantify but can be claimed in a civil personal injury suit. Just make sure you have a South Carolina personal injury lawyer by your side to help make those evaluations. Types of Injuries That May Qualify for SC Workers’ Compensation in Myrtle Beach Anyone injured at work in Myrtle Beach may be entitled to South Carolina workers' compensation. Here are some of the most common types of injuries that are covered. As a disclaimer, this list is not exhaustive, and each personal injury case is evaluated on its own terms. Crush Injuries Crush injuries typically occur when accident victims are caught or trapped between objects. This can be moving equipment or other kinds of machinery, and it can potentially lead to serious injuries like back injuries or injuries to internal organs. Several safety measures should be in place to prevent these kinds of work-related injuries. Broken Bones Broken bones can occur for a variety of reasons, whether they result from a fall, malfunctioning equipment, or virtually anything else you can imagine. Not only are broken bones incredibly painful, but they take a long time to heal and can potentially never quite heal properly, leading to permanent disability. Slip-and-Fall A short fall can cause more damage than you might think. In fact, falls can lead to traumatic brain injuries, which, in turn, can have consequences that last the rest of your life. The construction industry is particularly deadly when it comes to falls, given that falls represent the primary cause of fatalities within this industry. Electrocution Dealing with electricity always requires many safety precautions, from securing the site to providing workers with the proper protective safety gear. Electrocution can be deadly, but even when it is not, voltage can still cause quite a bit of damage to victims, leaving them unable to work for an extended period. Repetitive Tasks Several occupations involve repeating the same task, causing excess wear and tear on the body. Even a minor motion repeated for an extended time can cause major bodily damage. Poor work ergonomics allow these injuries to manifest and could leave victims with conditions like back strain and tendonitis. Carpal tunnel syndrome is a common workplace injury that individuals in desk-bound roles may potentially experience. Benefits for Myrtle Beach Workers When you are injured on the job, you will need to determine what your workers’ compensation claim is worth. You’ll need compensation that covers all the losses you’ve suffered because of your work accident. Ideally, your medical care should be covered. You should not have to pay out of pocket for your work injury. When you’re not worrying about how you’ll pay for the care you need, you can focus on healing. You should also receive compensation that covers some of the wages you have lost while unable to work. The amount will depend on whether you are completely unable to work or able to commit to “light duty” while you heal. Fortunately, this coverage can take some of the financial pressure off you while you heal. What Happens if a Loved One Died While on the Job? If a family member or loved one suffered a wrongful death on the job, you might be entitled to death benefits. Dealing with the loss is tough enough on its own, so it is always a good idea to hire a lawyer serving Myrtle Beach to help you deal with the legal issues while you navigate the loss. In typical Myrtle Beach workers' compensation cases, you may receive compensation to recover medical bills and lost wages. Wrongful death cases work a bit differently. In the instance of a wrongful death, you can potentially receive reimbursement for any funeral or burial expenses, though that coverage is capped at $12,000. Additionally, you may be able to receive two-thirds of the deceased's former earnings for up to 500 weeks. This is a matter of South Carolina law under SC Code 42-9-290. Can You Get Workers’ Compensation in South Carolina for Mental Illness? Mental illness is always harder to deal with regarding insurance since many mental illnesses are not immediately visible or quantifiable. Still, the South Carolina Workers' Compensation Act states that employees can be covered for any mental injuries that are brought on by emotional stimuli or stressors present in the workplace. Put simply, mental illness is only covered if it is brought on by a physical injury that occurs at work or other extraordinary or unusual conditions of employment. Many aspects of just about any job can be mentally taxing, so certain common practices will not qualify. For example, if you find yourself exceptionally stressed to the point where it negatively affects your mental health due to an upcoming work evaluation, transfer, or demotion, that will generally not be covered by workers' compensation. Of course, an exception can be made if any of the aforementioned actions were taken in an extraordinary manner. Given these vague qualifications, scheduling a free consultation* with a workers’ compensation attorney is highly advisable. What if My Job Aggravates a Pre-Existing Condition? If you have a pre-existing condition, that will not necessarily bar you from workers' compensation benefits. Under South Carolina law, workers may be entitled to benefits if an injury suffered on the job aggravates a pre-existing condition. The only catch is that you must provide appropriate medical evidence to make your case. Medical evidence is key if this is an aspect of your case. Your medical documentation must contain the following: Details your pre-existing condition, How the injury you suffered at work directly affected it What the consequences for you have been This can get quite complex, but an experienced workers’ compensation lawyer can help you compile the evidence you need. Dealing with a South Carolina Work Comp Denial Unfortunately, while you may have completed all the right steps for your claim, you may have still received a denial letter. That can be an upsetting discovery, and you may be thinking about how you’ll pay for treatment while you’re unable to work. Fortunately, your South Carolina attorney who serves Myrtle Beach workers can step in to help. They can help you fight back and present your request for benefits before the South Carolina Workers’ Compensation Commission when you’ve been denied. When the insurance provider denies your claim, you’ll need to contest that denial in a hearing. There, your case will be reviewed, and the Workers’ Compensation Commission will decide whether to uphold the decision or offer you workers’ comp benefits. It can be tough to provide the right evidence and fight back for your case, but your attorney can help. Your workers’ compensation attorney, who takes cases in Myrtle Beach, can review the accident, find evidence for your claim, and fight for you while your case is under review. Why Was My South Carolina Workers’ Comp Claim Denied? Workers' compensation claims are denied for a wide variety of different reasons, but they are generally denied for one of three primary reasons. As a disclaimer, the denial letter you will receive will detail the exact reason why your claim was denied, so you always know where to begin your appeal. Here are a few of the most common reasons for denial. Missed Deadlines Even if your job injury claim is backed by a mountain of evidence, it can still be denied if you do not meet the proper deadlines of the workers’ compensation system. Regardless of how great your need is, you will be denied if you do not meet the deadlines without exception. Even so, the deadlines do not necessarily have to begin the countdown the day of your accident. If you suffered an accident at work but the injury only manifested later, the time period for which you must file a claim begins from the discovery of the injury rather than from the date of the accident. You just need evidence supporting your timeline for the reasonable discovery of your injury. Lack of Proof With any workers' compensation claim, it is on you to demonstrate the value of your claim. Liability typically does not matter, but a tally of the damages you suffered undoubtedly does. Establishing the lost wages you suffered is easy enough with some pay stubs, but showing the extent of your injuries, medically speaking, is a bit trickier. You must submit proper health care evidence and a testimonial from your attending physician or physicians. Records of doctor visits and treatments will also be necessary for your case. Injury Did Not Occur at Work Obviously, workers' compensation only applies if the injury occurred while you were at work. It is important to note, however, that you did not necessarily have to suffer the personal injury on company grounds. If you were injured in a car accident in your car while driving to make a delivery on behalf of your business while on the clock, for example, you can still file a workers' compensation claim. Be sure to discuss what qualifies as being at work with a South Carolina workers’ compensation attorney from HawkLaw. Call today to schedule a free case evaluation.* What Challenges Usually Arise With Workers’ Comp Cases?  Some challenges can occur throughout workers' compensation cases that could cause problems for you claiming the damages you suffered. Here are a few common obstacles that our workers' comp lawyers serving Myrtle Beach frequently see. Employer Trivializes Injuries Your employer may not take your injuries as seriously as they need to, which can seriously impact your claim's validity. They often do this because they want you to return to work as soon as possible and do not want to bother with a workers' comp claim. To combat this, you must provide evidence like medical records and eyewitness statements of your injury. Your employer may even try to claim that your injury did not occur at work. Remember to get legal advice from a workers' compensation lawyer to ensure what qualifies as on the job. Employer Never Follows Up Even if you report your injury to your employer promptly, they can fail to follow up. Whether it slips their mind or they act maliciously, failing to meet deadlines can seriously compromise your case. That is why it is important to bother your employer for information about a follow-up as much as possible. Ask every day until they can confirm they have taken the proper steps. Fear of Retaliation Some workers may feel that filing for workers' comp will cause their employer to retaliate against them. This is not exactly unfounded either, as some employers do. However, it is important to remember that workers’ compensation law prohibits employers from retaliating toward injured workers due to a workers' comp claim. A workers' compensation attorney can help. Claim Denial Of course, your claim can always be denied by the commission. If you leave it at that, you will never receive the compensation you need. If your claim is denied, you will need to begin the appeal process. It can be fairly complex, so an attorney from an experienced law firm will be necessary to navigate the steps to make your case. Speak to a Workers’ Comp Lawyer Who Serves Myrtle Beach When you’ve suffered through a work accident, you’ll need help getting the full compensation you deserve after your accident. Fortunately, your workers’ compensation attorney from the law offices of HawkLaw, P.A. will have the experience and the tools you need to recover. If you’re struggling to get your full workers’ compensation benefits, reach out for the help you need, starting with a free consultation.* We will review your case and help you understand exactly how we can help. ### Wrongful Death Lawyer Serving Myrtle Beach When a family member passes away, it can be tough to overcome that loss. Worse, you may have lost your loved one because someone else was careless with their safety. That can be a major blow to your family, making it especially difficult to move forward. At HawkLaw, PA, we understand how difficult it can be to juggle your grief and a lawsuit against the responsible party. Let your wrongful death lawyer serving Myrtle Beach take some of that pressure off your family by fighting back when you're struggling in the wake of a major loss. Myrtle Beach injury and wrongful cases are primarily handled out of our Charleston office. Finding the Responsible Party for Wrongful Deaths When you've lost a loved one, taking legal action against the responsible party can be difficult. You're filing a claim for someone who's unable to file for themselves, so South Carolina law narrows down who's able to file a claim. For Myrtle Beach families, you'll need to find the executor or administrator of the deceased's estate, if you aren't the executor. This person will act on behalf of the estate and the family to seek compensation. However, being unable to file doesn't mean you cannot receive compensation. The family of the deceased may be able to receive some compensation when the executor files a Myrtle Beach wrongful death claim. That can help relieve some of the sufferings you may be experiencing because of your loss, so it's important to speak to an attorney who serves Myrtle Beach, even if you're not the executor. Compensation for Myrtle Beach Families As the family of the deceased, you may have suffered greatly after the loss of your loved one, both financially and nonfinancially. A death in the family can be a difficult thing to process, so we'll help you seek out the compensation you need to ease the financial burden and provide you with some peace of mind. One of your first concerns for your damages may be the financial losses. The costs of a funeral and burial alone can put your family in dire straits, making it difficult for you to grieve and focus on your loss. You may also seek out compensation for your emotional losses, like loss of care and companionship. Seek out a wrongful death lawyer who can help your family get the full compensation they deserve. Seek Out Legal Help after a Fatal Accident When you've lost a loved one to a negligent person’s actions, you may need help working through a wrongful death claim. You need time to grieve, but you're juggling major expenses because someone else was careless. We at HawkLaw, PA want to see you get the full compensation you deserve for your losses. That's why we offer free claim consults,* where we'll discuss your claim and help you find the best route for recovery. When you're ready to get the answers you need after the loss of a loved one, reach out to a wrongful death lawyer serving Myrtle Beach. We can help you recover when you call 1-888-HAWK-LAW (429-5529) or complete the online form below. ### Truck Accident Lawyer Serving Myrtle Beach When you're on the road, driving alongside semi-trucks can be a nerve-racking experience. They're much larger than your vehicle, and that can be nerve-racking. Worse, an accident with a semi can be a devastating, painful experience. Fortunately, you can have a truck accident lawyer serving Myrtle Beach by your side throughout the process. Speak to a lawyer from HawkLaw, PA  about your claim by using our contact page or by calling 888.HAWK.LAW before you make any decisions about your case. They can help you get the answers you need for a full recovery. Myrtle Beach accident cases are primarily handled out of our Charleston office. Who’s Responsible for Myrtle Beach Truck Crashes? One of the first questions after any major injury is often, “Who's responsible for my suffering?” Unfortunately, that can be a tough question. Accidents happen in a split second, which means you may not have much time to register who's responsible for the accident before it happens. South Carolina is a fault state, which means that the responsible driver is also financially responsible. However, that becomes more complicated when the other driver was at work. Because they are on the clock, their employer may be the responsible party. When an employer hires someone, they take responsibility for them during the course of their time working for them. That means that if you were hit by an 18-wheeler, your lawyer taking cases in Myrtle Beach may be instead looking for their employer, not the driver themselves. Seeking Compensation after an 18-Wheeler Wreck After your truck accident, you'll also need to focus on getting the full compensation you deserve. Truck crashes are especially serious, which means you may be suffering damages beyond what you initially expected. For example, you'll need to get the full worth of your financial losses, or economic damages. However, you may feel that these keep piling up. Your medical expenses are getting out of control, and your car is totaled. Your truck accident attorney may be needed to help you track all your expenses. Don't forget the emotional toll of your wreck. These 18-wheeler accidents are scary and traumatic, which can affect your quality of life. For example, you may be in extreme pain because of your injuries. That can affect how much you enjoy your life, so speak to your lawyer about including these damages as well. Contact a Truck Crash Attorney Who Serves Myrtle Beach When you're hurt by another driver, it's important to seek out the full compensation you deserve. That's especially true when you're a driver injured in a semi-truck crash. These accidents tend to be especially dangerous, which can leave you overwhelmed. At HawkLaw, PA, we understand how difficult that can be to overcome. That's why we offer free consultations* for victims of truck crashes. Speak to a lawyer before you make any decisions so you know what to expect when you get to the courtroom. To begin, reach out to a truck accident lawyer serving Myrtle Beach. We can be found by calling 1-888-HAWK-LAW (429-5529) or by filling out the online contact form below. ### Motorcycle Accident Lawyer Serving Myrtle Beach While motorcycles can provide a new sense of freedom, they can also sometimes cause harm. Unfortunately, you may have learned this firsthand on one of South Carolina’s highways. Now you’re hurt, and the person responsible doesn’t want to pay. It’s a difficult position that many motorcyclists find themselves in, but you don’t have to fight back alone. Instead you’ll be able to fight back with the help of a lawyer from HawkLaw, PA. If you’re struggling with your claim, seek out help from a motorcycle accident lawyer serving Myrtle Beach after an injury. Myrtle Beach cases are primarily handled out of our Charleston office. Motorcycle Crash Injuries Are Serious Motorcycles are a unique way to travel, but that excitement can come at a high price. Sadly, you may find yourself struggling with severe injuries that will make it harder to recover. Keep in mind that, as a motorcyclist, your damages may be more severe than those of others involved in your accident. While you may have been wearing a helmet, especially if you’re under twenty-one, you don’t have the same protections that someone in a car might. You don’t have a seat belt, airbag, or protective frame to protect you from trauma on the road. If you’ve had a motorcycle wreck, seek out medical care to help with severe injuries, such as the following: Traumatic brain injury Spinal cord injury Broken bones Burns, including friction burns Internal organ damage Fighting for Compensation in Myrtle Beach As a motorcyclist, you may also have a unique struggle to get compensation for your case. While motorcycle insurance is required, your insurance company may fail or refuse to compensate you for all the damages you’ve suffered. Because South Carolina is a fault state, meaning the responsible driver is financially liable for your injuries, you’ll have a chance to take your claim to court. Don’t forget, however, that the defense will try to put the blame on you. It’s especially common to be called reckless, careless, or dangerous, based on harmful stereotypes about bikers. Unfortunately, it may work if you don’t fight back. If you don’t take action, the liable party may claim that you were partly responsible, which could reduce your compensation by the amount of fault they blame you for. Unfortunately, that means your compensation will be reduced by that amount. That’s why it’s vital to have a lawyer who serves Myrtle Beach on your side to fight back. Seek Help after a Myrtle Beach Motorcycle Accident If you’ve been injured in a motorcycle crash in Myrtle Beach, recovery won’t be easy. You’ve suffered devastating injuries, and the responsible party doesn’t want to pay you back for the suffering they caused. Fortunately, a lawyer from HawkLaw, PA can help you get the compensation you deserve. When you’re struggling with a motorcycle crash claim, speak to our attorneys during a free claim review,* where we’ll discuss your options and what we can do for you. We’re proud to offer this service obligation-free so you know what to expect before you begin. When you’re ready to begin, your motorcycle accident lawyer serving Myrtle Beach is waiting. Reach out by calling 1-888-HAWK-LAW (429-5529) or by filling out the following online form. ### Car Accident Lawyer Serving Myrtle Beach Making sure you are fairly covered for your medical expenses and the damage to your car is critical at this time. Yet, as you are recovering from the accident, you may be tempted to give in to the insurance companies and take a settlement that is too low. You just want to get these costs covered. HawkLaw has car accident lawyers near Myrtle Beach who can protect you. Contact us today to learn more about what you can do to ensure fair compensation after a crash. Don't go it alone!  Myrtle Beach cases are primarily handled out of our Charleston office. ESTABLISHED LAWYERS RIGHT BY YOUR SIDE. ALWAYS. ANYWHERE. Common Car Accident Causes Car accidents occur for many reasons. Sometimes, an accident occurs through no fault of your own. That does not mean you have to suffer financial losses. Here are some common reasons Myrtle Beach, South Carolina car accidents occur. Distracted Driving: Driver distraction is a common cause of avoidable car accidents. A person may be paying attention to their phone, perhaps texting a friend. Others may be eating, applying makeup, or in a heated argument with someone else in the car. The driver is not paying attention to what is happening on the road because their focus is on other things. This distraction puts every other person on the road at risk, along with any passengers in the vehicle. Failing To Follow Posted Signs: This often falls under distraction, however, sometimes drivers just do not pay attention to what's happening on the roadway. Signs may warn of a road closure, lanes shifting, or speed limit reductions that are significant. Construction is sometimes a big factor in this situation as well. Aggressive Driving: Aggressive driving or reckless driving is a common cause of car accidents. A person may be speeding and lose control of their car. They may be unable to stop after driving recklessly in between lanes or swerving. Other times, there is true road rage occurring, where drivers aggressively try to interfere with another driver on the road. All of these situations can lead to costly accidents and personal injury losses. Driving Under the Influence: Driving under the influence of drugs or alcohol puts everyone on the road at risk. A person above the legal limit is typically unable to control their vehicle, especially when conditions change. When a person is drunk driving, they may drive too slow or too fast. They may be unable to stay within the lane or may be unable to navigate turns well. This can cause an impact to another car or person on the road with them. These are just a few examples of accidents that may cause property damage, accident injuries, or even wrongful death. If these or another common cause occurs, contact a car accident attorney serving Myrtle Beach for immediate help after your car crash. What Kind of Auto Accident Claims Can You File? Accident victims may struggle with numerous losses after a car accident case. Sometimes, you may not know all of the losses you have, but the insurance adjuster is likely to work hard to get you to process your claim and settle it right away. That is not what you want to happen. After a Myrtle Beach auto accident, reach out to your attorney to learn about all the potential losses you've had. Here are some common examples that insurance policies typically cover if you file a claim for them (though they may fight you on the process): Accident Injuries: You or a loved one may have multiple injuries after a car accident. Some of those injuries may include significant pain and suffering. You may be unable to engage in activities you once loved because of those losses or may not be able to work. Lost Wages: Did you miss work due to your injuries? If so, you could have lost wages and may even have lost vacation or PTO time, losses related to your benefits, and other concerns. In addition, if you lost time at work to attend legal hearings on your case, that might also be a factor in your claim. Medical bills: Depending on the severity of your car wreck, you may have numerous losses leading to medical bills. It is always wise to see medical attention after an accident, even if you feel fine. From that first appointment in the emergency room after your accident to those follow-up appointments that come months later, these may all be a component of your claim. Property damage: Many personal injury cases involve losses to vehicles. There may be significant damage to your vehicle and the contents within it. Your passengers may also be facing losses to their belongings. Wrongful death: No monetary amount makes up for losing a loved one. Yet, you should receive financial support if that person supported you and provided for your way of life and someone else causes their death. Your accident lawyer serving Myrle Beach will help you pursue proper recovery of these losses. How To Deal With South Carolina Insurers Insurance companies are for-profit companies. Insurance adjusters are not working for you — they are working to minimize the amount of money they have to pay out for your case. They will do all they can to avoid settling with you for the full worth of your claim. Even if they seem friendly, they typically are looking for ways to reduce your claim. A case evaluation can help you get fair compensation after a car wreck. Seek out the legal advice and guidance from a local attorney experienced in motor vehicle accidents like yours, especially in complex cases such as DUI, truck accidents, or those that rely on witness statements. South Carolina is a fault state for motor vehicle accidents, meaning the driver at fault is responsible for some or all of the losses caused to another person. For you, that means you'll have the option to take your claim to the insurance company or, if they fail to compensate you fairly, to court. Talk to your car accident lawyer about the best option for your claim. A law firm will help minimize these risks. Be Cautious About Shared Fault If the insurance adjuster pushes for shared fault, be careful. While you may be focusing on proving the other person is at fault, they may be working to prove you are at least partially at fault, which may impact the compensation you receive. For example, you may have been texting while driving. While you stayed in your lane, you were not paying attention when another car moved into your lane and hit you. While you did not cause the accident, the defense may claim that you were partly responsible by not paying attention. Let's say they claim you were 15 percent at fault for the car wreck. If you do not fight back, you will only receive 85 percent of the compensation you need to recover. If you're concerned about protecting your claim, set up a consultation with a personal injury attorney to discuss your case fully. He or she will work closely with you to try and prove that you were not responsible for the losses that occurred. Also, remember that insurance adjusters will use any information you communicate about the case against you. If you post information on social media about what you were doing, that could be admissible in court. If you make a mistake describing your case to an adjuster, they could turn your words around on you. For these reasons, it is always best to leave all communication between you and the personal injury lawyer and then let them handle the insurance company. When Do You Need Legal Advice After a Car Accident? It's always best to have a free case evaluation* even if you think your case is simple and straightforward. Get legal help if the insurance policies are unclear or you are questioning the process being used. It is also important to get help if you are named as an at-fault party in the case. If you have received compensation for your case, but you have bills that are higher than this, or you believe you are owed more, reach out for immediate help. Why Call Our Car Accident Law Office Serving Myrtle Beach? With an attorney-client relationship established, what you tell your auto accident attorney is protected and remains private. You can discuss any legal issues you are facing from the accident and get help with everything from police reports to filing a claim with the insurance company. With our years of experience and being paid on a contingency fee*, we are confident we can help you. At HawkLaw, our compassionate legal team is here to help you no matter what you face. We have ample experience working with insurance companies. We provide tenacious fighting for fair compensation for our clients. We understand how tough it can be to get the full compensation you deserve, so we will help you fight back when you're struggling to recover. Request a free consultation* today. Call 888-HAWK-LAW or complete the online contact form to speak with an experienced car accident lawyer serving Myrtle Beach. We are ready to talk to you about your case. We help individuals in North Charleston, Columbia, and the rest of the Myrtle Beach area. ### Personal Injury Lawyer Serving Myrtle Beach When you’re in Myrtle Beach, there are plenty of ways to get out and enjoy the city. Whether you’re more interested in historic sites like Atalaya Castle, or whether you’d rather spend the day at Pavilion Nostalgia Park, you have options for getting out in the city. Unfortunately, that means you’ll be exposed to more options for injury. Even a day inside can’t protect residents from other people’s carelessness, sadly. However, that doesn’t mean you’ll have to deal with your claim alone. Instead, reach out to a personal injury lawyer serving Myrtle Beach. The attorneys at HawkLaw, PA can help you get the answers you need and fight back. Myrtle Beach cases are primarily handled out of our Charleston office. Types of Personal Injury Damages When you’re hurt, you’ll need to know how much the responsible party should be held accountable for. That means you’ll need to seek out damages that will cover both the financial costs of your accident and the emotional toll that your injuries have left. For example, if you slipped and fell, you may have broken your arm. That will require medical treatment, but it’s also a painful injury. That pain can make you miserable, affecting your quality of life. Because your injuries can cause so many damages, you’ll need to understand the full worth of your damages. Speak with a lawyer if you’ve suffered any of these personal injury damages: Medical bills Lost wages Property damage Emotional trauma Pain and suffering South Carolina Law Can Affect Your Accident Claim Unfortunately, getting your compensation for a full recovery isn’t as simple as filing your claim and proving the other person was at fault. Instead, you’ll need to watch out for other South Carolina laws that could reduce or dismiss your claim. For example, you’ll first need to act in time. South Carolina residents only have three years to file their claims. While that seems like plenty of time, a late response could lead to a dismissal of your personal injury claim. You’ll also need to avoid accusations of fault. The other party will likely try to share the fault or put it all on you. If they succeed, South Carolina law dictates that your claim be reduced by the fault you’re found responsible for. Reach Out after a Myrtle Beach Personal Injury While you just want to recover and get your life back on track, the responsible party probably isn’t so interested in helping you. Instead, they may want to protect their funds and put the blame on you. Protect yourself by seeking out a personal injury lawyer from HawkLaw, PA. Our attorneys understand the difficulties you’re facing, and we’ll help you fight back. Get started today with a free consultation,* and we’ll discuss your claim before you sign anything. When you’re ready to get your claim on track, reach out to a personal injury lawyer serving Myrtle Beach by calling 1-888-HAWK-LAW (429-5529) or by filling out the online form below. Myrtle Beach South Carolina Practice Areas Myrtle Beach Car Accident Myrtle Beach Motorcycle Accident Myrtle Beach Truck Accident Myrtle Beach Workers' Compensation Myrtle Beach Wrongful Death ### Workers Comp Lawyer Serving Summerville When you’re at work, an accident, injury, or illness can happen anytime. Whether you’re in a vehicle, working with dangerous substances, or simply repeating a motion too often, you could suffer an injury that leaves you unable to return to work. In the time you’re unable to work, you’ll need work comp benefits, which a workers comp lawyer serving Summerville can help you with. If you’re struggling to recover after a work injury, contact the lawyers at HawkLaw, PA for help filing or appealing your South Carolina workers comp claim. Summerville injury and work comp cases are primarily handled out of our Charleston office. Eligibility for Workers Comp After your injury or illness, one of your first concerns may be whether you’re able to seek out the compensation you need. Fortunately, most employers are required to offer workers compensation insurance for their employees. That way, their employees are covered if they’re hurt because of their job. However, there are some workers who may not be eligible for this compensation. Some may have alternate forms of coverage for work accidents, while others may need to file an injury claim against their employer instead. While there are few employees who are ineligible, you’ll need to know before you file. If you’re one of the following exceptions to South Carolina’s workers compensation coverage, seek out a lawyer for help seeking compensation outside of workers comp: Agricultural workers Employees in businesses with fewer than four employees Some casual employees Corporate officers Railway employees Benefits for Summerville Workers Once you’ve determined that you’re eligible, you’ll then need to seek out your workers comp benefits. You may be eligible for any of the following: Medical Care – After your accident, you shouldn’t have to pay for your medical expenses. Your employer should cover any reasonable costs for your recovery. Total Disability Benefits – While you’re unable to work, you should receive benefits that replace some of your wages. The amount will depend on your original wages, but you may receive two-thirds of your weekly wages. Partial Disability Benefits – If you’re permanently impaired but able to return to work in some capacity, you may receive benefits for your loss. These benefits will cover a certain number of weeks while you transition to a less-strenuous position. Seek Help after a Summerville Work Accident A serious work accident isn’t easy to overcome. You’re hurt, you’re unable to work, and you’re unsure you’ll be able to work again. Worse, you may be worried that your workers comp claim will be denied. Fortunately, your lawyer from HawkLaw, PA can help you recover. We understand how confusing a workers comp claim can be, and we can help you figure out your claim. When you’re ready to take action, reach out for help from a workers comp lawyer serving Summerville. Our attorneys can make the difference you need to recover your full workers' comp benefits, starting with a free consult*. If you have questions about your claim, call 1-888-HAWK-LAW (429-5529) or fill out the following online form to speak to your lawyer before you make any decisions. ### Wrongful Death Lawyer Serving Summerville Losing a loved one is a painful experience, and one that may feel sudden or unexpected. Worse, your loved one may have passed away because another person was negligent. Now you’re struggling to overcome the painful losses you’ve suffered because of their passing. When another party’s reckless actions led to your loss, you have the chance to get the full compensation your family deserves. At HawkLaw, PA, we understand the pain of a death in the family, and we’ll help you recover financially from that loss. Seek out help from a wrongful death lawyer near Summerville to get the guidance your family needs. Summerville cases are primarily handled out of our Charleston office. Filing a Wrongful Death Claim When you’re filing a wrongful death claim in Summerville, to start, you’ll first need to ensure you’re the right person to file. Because the person injured is no longer able to seek their compensation themselves, you’ll need to ensure you’re eligible to fight for that compensation. South Carolina law limits the parties eligible to file. Your loved one’s wrongful death claim must be brought forth by the executor or administrator of the estate. However, your loved one may not have had a plan for their estate, meaning that they never assigned an estate representative. If this is the case, the court will assign one for the estate. However, that doesn’t mean you and your family can’t recover damages. While the estate representative will be the one filing, they’ll seek out compensation for close family members, namely the following: The deceased’s surviving spouse Their children Heirs to the estate Compensation for South Carolina Families When your loved one is lost in a Summerville fatal accident, your family may be the ones facing the damages for the loss, both economic and non-economic. You’ll need to ensure you seek out the full compensation you’re owed because of their accident. You’ll need economic damages that cover the financial losses you’ve suffered because of their passing. Those might include funeral expenses, property damage in accidents like auto wrecks, or medical costs for their final care. However, you’ve suffered more than your financial expenses. You’re also going through a major loss, and your grief should be compensated as well. However, finding the worth of your grief and loss of companionship can be difficult. Seek out help from your lawyer for calculating these intangible losses. Reach Out to a Attorney Serving Summerville When you’ve lost someone to another person’s negligence, your family’s recovery might not be easy. You deserve justice for your loss, but the responsible party might not be so willing to help. Fortunately, you’ll have a chance to fight back for your compensation. Your lawyer from HawkLaw, PA can help you and your family overcome some of the suffering your family has experienced because of your loved one’s untimely passing. Seek out a free consultation with our attorneys, and we’ll show you how we can help before you agree to work with us. If you’re considering a lawsuit after a family member’s fatal accident, contact a wrongful death lawyer serving Summerville. Your attorney can be reached by calling 1-888-HAWK-LAW (429-5529) or by completing the following online form. ### Truck Accident Lawyer Serving Summerville While 18-wheelers play a major role in shipping goods to different areas, it can still be nerve-racking to drive next to one. These vehicles are massive, and if you’re hit by one, the damage can be devastating. That’s why you’ll need to seek out a truck accident lawyer serving Summerville after your semi-truck crash. At HawkLaw, PA, we understand how serious your injuries are, and we’ll fight to help you overcome them. Summerville accident cases are primarily handled out of our Charleston office. Liability for Truck Accidents After your truck accident, you’ll first need to find who’s responsible for your vehicle crash. South Carolina is a fault state, which means that the at-fault driver will be responsible for your financial recovery. Unfortunately, that can be complicated when you’re dealing with commercial drivers. Since they’re at work when they’re behind the wheel, you’ll need to ensure you’re seeking compensation from the right person, which may not be the driver. Their employer may be responsible for their employees’ actions, which means they could be financially responsible for your crash. You may also need to verify that your truck wreck wasn’t caused by other factors. For example, a parts malfunction could have caused the driver to lose control, but the accident wouldn’t have been their fault in this case. Instead, you’d need to seek the part manufacturer for your compensation. If you’re not sure who’s responsible for your injuries, your truck accident lawyer can help you file your claim against the correct party. Compensation for Your Injuries After your tractor-trailer crash, you’ll need to ensure you’re getting the full compensation you deserve for your injuries. Commercial trucks can be several tons heavier than your car, often up to six times their size. Unfortunately, that means that many 18-wheeler crashes cause severe damages. For example, your economic damages may be extreme. Your car may be completely totaled, for example, and the injuries you’re suffering could be devastating. You’re likely also experiencing severe mental and emotional trauma, which are part of what are known as non-economic damages. Your losses for these damages can be severe, so make sure you speak to your attorney for help calculating them. If you’re injured in a semi wreck, make sure you get the full compensation you need for damages like the following: Medical expenses Lost wages Property damage Pain and suffering Loss of enjoyment of life Seek Legal Help after a Truck Crash in Summerville When you’re injured in a commercial truck wreck and you’re struggling to overcome your losses, you may need help. You’re physically injured, you’re traumatized, and you’re not getting helpful responses from the responsible party. Fortunately, a lawyer from HawkLaw, PA can help you seek out the full compensation you deserve. When you’re injured, take advantage of our free consultations and get the answers you need about your injury claim. That way, you know what to expect if you choose to work with us. When you’re ready to begin, talk to your truck accident lawyer serving Summerville to get started. We can be contacted by calling 1-888-HAWK-LAW (429-5529) or by filling out the online form below. ### Motorcycle Accident Lawyer Serving Summerville The aftermath of a motorcycle accident can be difficult and expensive to deal with. You've likely been seriously injured, and now the responsible party doesn't want to take responsibility. It's a tough position, and it's one that can feel frustrating and hopeless. Fortunately, you don't have to recover your compensation without help. At HawkLaw, PA, we understand that getting your compensation isn't always easy as a motorcyclist, but we can help. Your motorcycle accident lawyer serving Summerville is ready to help you get started on your injury claim. Summerville cases are primarily handled out of our Charleston office. Motorcycle Injuries Are Serious For a motorcyclist, getting compensation is especially important because you've likely suffered severe injuries. You're uniquely exposed to dangers on the road, from potholes to other drivers. You also don't have the same protections as other motor vehicles. Rather than being protected by airbags, seatbelts, and a protective frame, you may only have a helmet between you and the road. If you're over twenty-one, you may not even have that. Because of your lack of protection, you're more susceptible to life-altering or deadly injuries that could haunt you or your loved ones for years after the motorcycle crash. The following examples are some of the severe injuries many Summerville motorcyclists suffer through after an accident: Brain trauma Spine injuries Burns Broken bones Internal organ damage South Carolina Laws Affecting Your Claim Your claim isn't as simple as understanding your injuries and their worth. Motorcyclists will need to fight back for their claims. Otherwise, your compensation could be diminished or dismissed completely. First, you'll need to ensure you're acting on time. Residents of South Carolina will have three years to file a claim. While a few years sounds like plenty of time to file, keep in mind that the clock starts ticking after the motorcycle crash, and preparing a claim can take time. Unfortunately, you may also struggle to protect your compensation from accusations leveled at you. Motorcyclists are often the victims of harmful stereotypes, and in court, these can hurt your claim. South Carolina law reduces your compensation for the amount of responsibility you have for the accident, and those accusations can reduce the compensation you receive. If you're found more than 51 percent at fault for your claim, you could lose all your compensation. As such, you'll need to protect your Summerville claim by reaching out for help. Seek a Lawyer Who Serves Summerville for Your Compensation When you're injured by a reckless driver, it's important to act quickly for the compensation you need. You're badly injured, and it can be tough to get full compensation as a motorcyclist. That's why it's best to not seek your compensation alone. Instead, reach out for help from the lawyers at HawkLaw, PA. When you're struggling with your claim, our attorneys can help you fight back, starting with a free consultation. If you're ready to speak to a motorcycle accident lawyer serving Summerville before you sign anything, call us at 1-888-HAWK-LAW (429-5529) or fill out the online form below. ### Car Accident Lawyer Serving Summerville Summerville may be the birthplace of sweet tea, but not every trip through town is so sweet. Unfortunately, you may already know that firsthand—someone else was careless and hit your car. Now, you're injured and struggling to overcome your injuries. It's a tough situation, especially when the other driver isn't willing to settle with you. Fortunately, you'll have a chance to seek out the full compensation you deserve with help from a lawyer from HawkLaw, PA. With a car accident lawyer serving Summerville on your side, you'll have a better chance to get the full compensation you’re entitled to. Summerville cases are primarily handled out of our Charleston office. Dealing with Insurance Companies When you're first injured in a Summerville car crash, one of your first responses may be to contact your insurance company for your compensation. South Carolina is a fault state, which means the responsible party is financially liable as well. That means you'll either file a third-party claim with their insurance company or you'll file a claim with your own insurer. Unfortunately, they may not be so cooperative. Insurance providers are for-profit companies, which means their profits may come before your recovery. If you suspect that the insurance company isn't offering you a full settlement, your first option is to write a demand letter for your claim. If they refuse to cooperate with you, your lawyer serving Summerville can help you fight back. Compensation for Auto Accidents in Summerville To ensure you're getting the full compensation for your crash, you'll need to understand what your SC car accident claim is worth. That means seeking your full economic and non-economic damages. Your economic damages may be your most urgent damages. You'll need compensation for the tangible losses you've suffered, like your health, your vehicle, and your wages if you're unable to work. These damages should be added up, and any related future amounts should be estimated. However, that doesn't cover all your losses. The intangible losses you've suffered are also severe, even if they're not as easy to calculate. These damages should cover the emotional and mental suffering you've experienced because of the accident. Since these can be difficult to calculate, let your lawyer help you find the full value of your claim. Your lawyer can help fight for you, which may include some or all the following damages: Hospital costs Property damage Household services Pain and suffering Emotional trauma Contact an Auto Wreck Attorney Serving Summerville When you've been hit by a careless driver, you'll need help recovering from the severe injuries they caused. That's not easy to do alone, but a car accident lawyer serving Summerville from HawkLaw, PA can make your claim easier. If you're struggling to overcome your accident, reach out for a free consultation* with a personal injury attorney serving Summerville. Hawklaw, P.A. fights to win! To get started, reach out by calling 1-888-HAWK-LAW (429-5529) or by completing the online contact form. ### Personal Injury Lawyer Serving Summerville Suffering a personal injury can be tough when the other party doesn't want to take responsibility for hurting you. Fortunately, you'll have a chance to recover with the help of an attorney who serves Summerville. Summerville residents have plenty to enjoy about life in their town. Unfortunately, that famous Southern hospitality won't protect you from an injury. Whether you're taking a stroll through Azalea Park, checking out the “Birth of Sweet Tea” mural, or just relaxing in your home, an injury can come anywhere, at any time. Unfortunately, those injuries could be serious, but now the responsible party won't pay for your accident-related expenses. You'll need the help of a personal injury lawyer serving Summerville on your side. When you're struggling to get the full compensation you deserve, the attorneys at HawkLaw, PA can help. Summerville cases are primarily handled out of our Charleston office. Compensation for Personal Injury Claims When you're injured by another person, you deserve compensation for your loss. Unfortunately, one of the first difficulties you might face will be finding the worth of your damages. You'll need compensation for all damages you've suffered, both economic and non-economic, but that can be difficult to find on your own. You may already be thinking about the financial impact of your accident, like car repairs if you were injured in a Summerville auto accident. However, you might need help calculating your other damages. Many people don't consider the impact of their non-economic damages, for example. While they may not affect you financially, your mental and emotional suffering is also important. Make sure your Summerville claim also includes these damages. If you've been hurt by another person's negligence, you might receive any of the following damages (or others) for your injury accident: Medical expenses Property damage Lost wages Emotional trauma Pain and suffering South Carolina Laws Affecting Your Claim You may also need help protecting your compensation. You'll need your funds to cover the costs of your injuries, but a mistake in filing your lawsuit could leave you with a diminished or dismissed claim. First, you'll need to make sure you're acting on time. You'll have three years to file a claim in South Carolina, which may seem like plenty of time. However, if you don't act fast enough, you could be barred from recovering compensation in Summerville. You'll also need to pay attention to your contribution to the injury. In South Carolina, your compensation could be reduced if you're partly at fault for the accident. Worse, if you're more than fifty percent responsible for the accident, you could lose your compensation completely. Contact a Lawyer Who Serves Summerville for Guidance Because your compensation may be at risk, it's important to understand your case and be ready to fight back. When you're struggling with a serious injury, though, that's easier said than done. That's where your lawyer from HawkLaw, PA comes in. We understand how difficult it can be to juggle your recovery and your claim. That's why we offer free consultations—so you can see what we can do for you before you sign anything. Ready to take action after an injury? Your personal injury lawyer serving Summerville is ready to help. To get started with your free consultation, reach out by calling 1-888-HAWK-LAW (429-5529) or by completing the online contact form. Summerville South Carolina Practice Areas Summerville Car Accident Lawyer Summerville Motorcycle Accident Summerville Truck Accident Summerville Workers' Compensation Summerville Wrongful Death ### Workers' Compensation Attorney Serving Anderson Key Takeaways You are eligible for workers' compensation if your company carries workers' comp insurance and you were injured on the job. Partnering with a workers’ compensation lawyer will help minimize your chances of a work comp denial. You can be compensated for 66 2/3% of your average weekly wages and for your medical treatment as well as permanent injury payments. It’s usually advisable to have a workers’ compensation lawyer help you with your claim. You must report any personal injury sustained on the job to your employer within 90 days of the injury.   If you’ve suffered a personal injury at work and don’t know what to do, don’t panic. Call a HawkLaw workers’ compensation lawyer serving Anderson to get started on a workers' compensation claim today. Thousands of people are injured at their workplaces each year, but because of South Carolina’s workers' compensation laws, you have options when you’ve been injured at work. You have every right to submit a workers' compensation claim when you were hurt at your place of employment. It does not matter who or what caused the accident; you can still receive workers' comp benefits. Some workplace personal injury cases are clear-cut, and the victims won’t have too much trouble proving their claims, but other cases can be a little more difficult to prove. For instance, if you are injured while driving for work, will you be eligible for compensation? It will depend on your job duties and your situation. You will also need to prove that you were on the clock at the time of the crash. Seeking legal help from a workers’ compensation lawyer serving Anderson can greatly assist you in winning a workers’ comp claim. Anderson cases are primarily handled out of our Greenville office. How Long Do You Have to Work in South Carolina to Be Eligible for Workers’ Comp? How long you or a family member have worked for a particular company in South Carolina does not impact eligibility for workers' compensation. You are eligible if your company carries workers' comp insurance and you were injured or became ill on the job. As long as you file in time to meet the deadline and are an employee at a company that carries workers' compensation insurance, you should be eligible for benefits if you were injured on the job. Some workers, like seasonal employees, people placed by temp agencies, and agricultural workers, may be subject to unique secondary rules, so it is best to seek legal representation from a workers’ compensation lawyer to navigate these legal issues. How Long Can You Receive Workers’ Comp in Anderson, South Carolina? In Anderson, Columbia, Spartanburg, upstate, and other areas of South Carolina, you may be able to receive workers' compensation benefits for up to 500 weeks. While this is the general cap, your specific situation may further limit how long you can receive benefits to help with lost wages. Missing at least a week of work due to a personal injury will entitle you to two-thirds of your average weekly salary starting on the eighth day following the date of your personal injury or illness. If you are out for two weeks or more with a serious injury, you can file for retroactive back pay for your lost wages up to the first day of work you missed. Certain kinds of personal injury cases have no cap, and these are the injuries that either take an extraordinarily long time to heal or will likely never heal. Some common examples include paralysis and traumatic brain injury, though even then the extent of your benefits will vary based on the unique conditions of your case and the medical bills you are facing. That is why a workers’ compensation lawyer is vital for your case. Can You Be Fired While on Workers’ Comp in Anderson, South Carolina? South Carolina is an at-will employment state, so you can actually be fired while on workers' compensation. In fact, you can be fired for just about any reason at all. There is an exception, however, when it comes to workers' compensation. If you are fired specifically as a retaliatory measure for getting on workers' comp, that is prohibited by the law. Even in these cases, though, it is on the employee to demonstrate that their termination is retaliatory in nature. A workers’ compensation lawyer can help. As a disclaimer, employers who fire South Carolina personal injury victims for getting on workers' comp will try to defend their actions through an affirmative defense, arguing that the termination was for another reason. These reasons can include: Being frequently late or absent Being involved in disorderly conduct on the job Being under the influence on the job Embezzling or otherwise stealing from the company Violating a written and well-established company policy To make sure you are protected, you may want to enlist the services of personal injury attorneys whose practice areas extend to workers’ compensation. Why Do Insurers Deny Anderson Workers’ Compensation Claims? Even though you may be entitled to workers' compensation benefits, the insurance company can deny your claim. Why would they do this to you? Unfortunately, there are some people who try to abuse the workers' comp system and submit fraudulent claims. They will try to pass off a personal injury that occurred outside of their work duties as a work-related injury because they hope to obtain the benefits. Additionally, some insurers simply don’t want to pay out on claims because they lose money when they do so. This means they will be going through your claim very carefully, looking for any reason to deny you. That’s why partnering with a workers’ compensation lawyer can be of great help to you. Your lawyer will make sure you follow the rules and time frames for submitting a claim, minimizing your chances of a work comp denial. Benefits You Deserve for a Work Injury in Anderson, SC Your workers' compensation lawyer serving Anderson will work diligently to see that your claim is approved and that you receive the benefits owed to you for your injury. You can be compensated for 66 2/3 percent of your average weekly wages and for your medical treatment, and you may also be eligible for permanent injury payments. What Happens if My Workers’ Comp Is Denied in Anderson, SC? If a loved one’s or your workers' compensation claim is denied, you will likely get a specific reason for the denial, similar to denied Social Security claims. Understanding the reason for your denial will determine how any appeals are approached in the future. Here are some of the most common reasons personal injury lawyers at our law offices see for workers' compensation claims being denied. Injury Is Not Related to Work Workers' comp claims specifically must be related to injuries that were sustained on the job. If the personal injury is deemed to not have occurred at work or be related to work, your claim will be denied. If you are injured in a car accident or truck accident on the way to work, you may want to seek legal advice from a workers’ compensation lawyer, as these cases can be tricky. Missed Deadlines In South Carolina, you are required to report any personal injury sustained on the job to your employer within 90 days of the injury or when you discovered you were injured. In terms of legal workers' compensation benefits, the statute of limitations for claims is two years from the date of the personal injury. Generally, it is best to alert your employer and take the appropriate actions as soon as possible to avoid any missed deadlines, including contacting a workers’ compensation lawyer. Misbehavior at Work Led to Personal Injury Some employers may try to deny workers' compensation to employees who were injured while behaving in a way that is prohibited at work. For example, if the employee was under the influence of alcohol or was disobeying safety protocols, that employee may not be entitled to benefits. In general, though, an employer is expected to cover workers' compensation regardless of fault. Incorrect Employee Classification Full-time employees are entitled to workers' compensation benefits, while independent contractors are not. If you are erroneously classified as an independent contractor when you are an employee, your claim could be denied. Remember that the law focuses on the actual relationship between you and your employer rather than the label they give your position. Pre-Existing Conditions A claim can be denied if your personal injury was caused by a pre-existing condition rather than an incident at work. Even so, you may still be able to receive benefits if a personal injury at work hastened or worsened a pre-existing condition. A workers’ compensation lawyer at an injury law firm serving Anderson workers can help you demonstrate that your condition was affected by a work-related injury. Inadequate Evidence of Personal Injury The burden of proof for your work-related injury is comprehensive, so your claim could be denied due to a lack of evidence. Remember that not only do you have to present the details of your personal injury, but you also must demonstrate how it prevents you from working to the degree you were before. A testimonial from your attending physician can greatly help your case, similar to how these statements are impactful in auto accidents and even medical malpractice cases. How Long Does the Appeals Process Take? The appeals process can take several months to finish, but the overall time period depends on how your appeal is received. Working with a law firm that has years of experience serving Anderson workers will likely put you in a better position for a shorter time period. The South Carolina Workers' Compensation Commission has three options when it comes to any appeal: dismiss the appeal, deny the appeal, or grant the appeal. Granting the appeal will put an end to the process, but a dismissal or denial can still be appealed further. If you file for a review with a state appellate court in the wake of a denial or dismissal, you could give your appeal another chance, but some jurisdictions do not allow courts to reverse any decisions made by the appeals board if their decision was deemed reasonable. Workers’ compensation lawyers can help you through the process, and it begins with a free consultation* with our team. Partner Up With a Work Comp Lawyer Serving Anderson, South Carolina Getting your workers’ compensation claim approved can be challenging, and you should be focused on recovering from your personal injury right now. You may not have the energy to collect evidence to prove your claim or argue with an insurance company. Fortunately, you don’t have to file workers’ compensation claims on your own, and it’s usually advisable to have a workers’ compensation lawyer help you with your South Carolina claim. To achieve the best outcome for your claim possible, speak with a workers’ compensation lawyer serving Anderson at HawkLaw. Reach out to us through our online contact form or call 1-888-HAWK-LAW (429-5529) for a free case review.* ### Wrongful Death Lawyer Serving Anderson When a family member is involved in a deadly accident, the rest of the family is left reeling. You’re grieving for your loss, and your family is struggling to manage the costs of a death. It’s a painful situation, and it’s a situation that you and your family will need help overcoming. Let a HawkLaw, PA wrongful death lawyer serving Anderson help your family deal with the losses you’ve suffered and get compensation from the person who’s responsible for the loss of your loved one. Anderson cases are primarily handled out of our Greenville office. Who May File a Wrongful Death Claim in Anderson? Because the person who should receive compensation has passed away, the people who can file for them is limited by South Carolina law. Unfortunately, you might not be certain who’s allowed to file for your family’s loss. Typically, however, the executor of the estate will be the one to file. If your loved one didn’t have an estate plan, the courts will elect someone to serve in that role. Even so, that doesn’t mean you won’t have a chance to recover damages. While the executor is responsible for filing the wrongful death claim, the family may be compensated. The executor acts in the best interests of the family and seeks the compensation you deserve. So, if you’re a spouse, child, or parent of the deceased but aren’t the executor, you may still receive compensation for your losses. Compensation for Wrongful Death Suits Once you’ve found who can file for your wrongful death claim, your next step will be getting the full compensation you deserve for your claim. By knowing what your claim is worth before you begin, you’ll know what to expect and what you’ll need to recover. South Carolina offers both economic and non-economic damages, which means you should receive compensation for both your financial damages and your emotional suffering. For example, you might have paid for the funeral, but you’re also grieving over your loss. While the intangible damages are difficult to calculate on your own, you should receive both types of damages. For example, you might seek compensation for one or more of the following damages: Funeral and burial expenses Lost wages Property damage Loss of companionship Loss of care and guidance Contact a Wrongful Death Lawyer Serving Anderson When your family has suffered because of someone else’s recklessness, you may be eligible for compensation for your losses. You may be left with final expenses and other costs in the wake of their death, leaving you and your family struggling. Fortunately, a lawyer from HawkLaw, PA can help. Our attorneys understand how painful your loss is, and we’ll work to help your family get the compensation you deserve after a wrongful death in Anderson. We’ll get you started with a free consultation*, as well, so you know what to expect from us and what we can do for your claim. When you’re ready to begin, a wrongful death lawyer serving Anderson is waiting. Give us a call at 1-888-HAWK-LAW (429-5529) or fill out the following online form to get started. ### Truck Accident Lawyer Serving Anderson Big rigs can be a great way to move freight and products, but they can be deadly, too. Your car or motorcycle is only a fraction of the size of a semi-truck, which could mean a catastrophic accident for you. When that happens, you’ll need compensation, but that’s not always so easy to recover. You may need the help of a HawkLaw, PA truck accident lawyer serving Anderson. You’ll need someone who can protect your claim and help you recover, so reach out for help when you’re hurt. Anderson cases are primarily handled out of our Greenville office. Liability for 18-Wheeler Wrecks Because truck accidents are often so devastating, you’ll need to find the person responsible for your accident as soon as possible. If you don’t act in time, you might be left without the compensation you deserve. Unfortunately, semi-truck crashes make this especially difficult. While South Carolina is a fault state, meaning that the person responsible for causing your crash is also financially responsible, the other driver might not be financially responsible. Instead, you might need to seek out their employer. When an employee hurts another person in the scope of their job, their employer is generally responsible for those injuries. As such, your claim should be filed against the employer, not the truck driver. Finding the right person can be difficult without help, so you may need a truck accident attorney for your Anderson claim. Compensation for Your Big Rig Accident When you’ve found the person responsible for the 18-wheeler crash, you’ll then need to seek out compensation for your damages. This compensation should cover both the economic and non-economic damages you’ve suffered, but that may be difficult to calculate without help. Typically, your economic damages should be easier to calculate. These damages include all financial losses you've suffered, so you'll simply need to add up these losses to find their worth. Your non-economic damages, however, cover the intangible emotional losses you’ve suffered, so you may need help calculating these damages. If you’ve been injured in a semi-truck accident, you may be entitled to some or more of the following damages: Current and future medical costs Current and future lost wages Property damage Mental anguish Emotional trauma Reach Out to a Truck Accident Lawyer Serving Anderson When you’ve been hit by a reckless truck driver, recovering may not be easy. You’ve already suffered major injuries, and that will make it hard to recover your compensation while also focusing on healing. To fight for fair compensation, you may need to seek out the help of a lawyer from HawkLaw, PA. A truck accident lawyer serving Anderson can help you get the full compensation you deserve, starting with a free consultation. We’ll discuss your truck crash claim and what we can do to help you protect your claim. When you’re ready to get started, reach out for help getting the full compensation you deserve by calling 1-888-HAWK-LAW (429-5529) or by filling out the online contact form. ### Motorcycle Accident Lawyer Serving Anderson Motorcycles are a great way to travel around and enjoy the great outdoors. You're closer to nature than ever before, and South Carolina is known for its beautiful landscapes. Unfortunately, that doesn't mean that you're safe. Now you’ve had a devastating motorcycle crash in Anderson, South Carolina, likely leaving you struggling to recover the costs of your accident. Fortunately, you have an opportunity to get the full compensation you deserve. If you’re struggling in the aftermath of a motorcycle crash, reach out to a motorcycle accident lawyer serving Anderson. Our attorneys at HawkLaw, PA understand how tough it can be to overcome these injuries, so we’ll help you fight back for your compensation. Anderson cases are primarily handled out of our Greenville office. Your Motorcycle Accident Injuries Because you’re especially exposed to the road as a motorcyclist, you’ll need to first deal with your major injuries. Even if you feel fine, go to the hospital. Some injuries may not be painful until later, and you want to make sure the insurance company can’t claim that a later visit was unrelated. When another motorist hits you, you’ll likely suffer serious injuries because there’s so little between you and the road or other vehicle. You’ll have only your clothing and (hopefully) your helmet for protection, which means you’re more exposed to dangerous substances and traumatic impacts. If you’ve suffered from an Anderson motorcycle crash, you might be eligible for compensation for your suffering, including the following conditions: Traumatic head injury Spinal cord injury Burn injury Broken bones Trauma-related mental disorders, like PTSD South Carolina Laws May Hurt Your Claim When you’ve suffered during a major motorcycle accident, you’ll need to file a personal injury claim and protect it. The at-fault party will do what they can to avoid paying for your compensation, so you’ll need help getting and guarding your compensation. First, you’ll need to act quickly. South Carolina accident victims only have three years to file their claims. While that sounds like plenty of time, preparing can take time. If you’re late, your claim will be dismissed, and you’ll be barred from recovery in Anderson. You may also need to defend yourself against accusations of fault. The defense may claim that you were acting recklessly, since it’s a stereotype about motorcyclists, and it can work. If you don’t fight back, your compensation could be reduced by how at fault they believe you were. They may claim you were 25 percent at fault, for example, leaving you with only 75 percent of your compensation. Seek Out a Motorcycle Crash Attorney Serving Anderson Unfortunately, it’s not easy to overcome a motorcycle crash. You’re seriously injured, you’re traumatized, and you’re struggling to recover as you need to. You’ll need compensation, but it might be challenging to get the full amount you deserve. When this happens, you may need a motorcycle lawyer from HawkLaw, PA. Beginning with a free consult, our attorneys will fight back on your behalf so you can focus on your recovery without sacrificing attention for your claim. When you’re ready to file your bike injury claim, reach out to a motorcycle accident lawyer serving Anderson soon. We can be reached by calling 1-888-HAWK-LAW (429-5529) or by completing the online form below. ### Anderson Car Accident Lawyer For many of us, our cars are the best way to get around. Unfortunately, sometimes dangerous drivers who may not be giving the road the same attention can cause you serious injuries. When you’re injured in a car accident that someone else caused, you deserve compensation for your suffering. An Anderson car accident lawyer can help you get the full compensation you need to heal from your injuries and trauma. The attorneys of HawkLaw stand ready to help you navigate the complexities of personal injury law. Our team is committed to doing everything we can to help you pursue a successful claim. Anderson Car Accident Lawyer Near Me HawkLaw has a conveniently located office at 201 N Main St, Suite 3, in Anderson. We're nestled between W. Earle and W. Orr Streets, across from the Anderson County Election Commission. There's street parking right in front of the building, and a parking lot out back. We're only a few minutes' drive from River Street and Murray Ave; If you take S. Murray you should make the left onto Federal and then the right onto Main, whereas River will bring you directly to Main Street. We're also about a block away from the Textile Point statue erected by the Anderson Rotary Club, if you want a nice place to sit and think about Anderson's history. Steps To Take After a Car Accident in Anderson SC It's easy to make mistakes in the aftermath of a car accident. Taking the right steps can help protect your health and give you a better chance of receiving compensation. Here's what to do following a collision: It is important to contact an Anderson car accident lawyer if you wish to file a lawsuit against a negligent party or an insurance company that is trying to delay or deny payments. A car wreck lawyer can help ensure that your interests are adequately protected. Are Car Accidents Common in Anderson, South Carolina? Car accidents in Anderson, South Carolina, are unfortunately more common than many residents might realize. According to the South Carolina Traffic Collision Fact Book 2022 Edition, Anderson County experienced 42 fatal accidents in 2022, resulting in 45 fatalities. Additionally, there were 69 serious injury collisions reported in the same year. These numbers highlight the prevalence of car accidents and the significant impact they have on the community. In July 2024, another tragic incident occurred on Lafrance Road, where a fatal accident claimed the life of a 36-year-old victim, as reported by Fox News. In August, a 58-year-old pedestrian was killed in a hit-and-run on Wren School Road. The driver, who twice attempted to leave the scene, was later apprehended by the authorities. Several factors influence the incidence of car accidents in Anderson. Common causes include drivers not following safety precautions, such as wearing seat belts and exceeding speed limits. Significant contributors also include drivers who are impaired or distracted, or who fail to yield the right of way. Poor weather conditions, such as heavy rain and fog, also play a role in exacerbating these issues. Additionally, the increasing volume of traffic as Anderson continues to grow may lead to more congestion and accidents. South Carolina Car Accident Laws South Carolina operates on a modified comparative negligence system. This means that the fault can be distributed among each of those who were involved in the accident. The fault is assigned to a party by percentage, which directly impacts how much compensation they can receive. For example, a driver who is determined to be 30% at fault for a crash will have their compensation reduced by that same percentage. This is why it's important to gather substantial evidence, such as witness statements and accident reports, as these can support your claim and minimize your fault percentage. In South Carolina, the statute of limitations for filing a personal injury lawsuit resulting from a car accident is generally three years from the date of the accident. If you do not file your lawsuit during this time frame, you may not be able to pursue compensation. Consulting with a car accident lawyer promptly is critical to filing within the designated time frame. Should I Hire an Anderson Car Accident Lawyer? You should consider hiring an Anderson car accident lawyer as soon as you can after your crash. It can be stressful to navigate the legal landscape, especially if you're trying to recover from an injury. A seasoned attorney can help you understand complex legal provisions and court procedures, and meet all necessary requirements and deadlines. Additionally, car wreck lawyers have the resources to thoroughly investigate the accident. From collecting and analyzing evidence to interviewing witnesses and working with accident reconstruction experts, these efforts can be key to building a strong case to support your claim. Dealing with insurance companies is another difficult hurdle in car accident cases. Negotiations can be frustrating and time-consuming. A skilled lawyer can handle these discussions for you and work toward a fair settlement. Finally, calculating the value of your claim is an intricate process. An experienced car accident lawyer will consider various factors, not just your current medical expenses but also future ones, lost wages, and non-economic damages like pain and suffering. This comprehensive approach ensures you pursue the full compensation you deserve. Common Challenges in Anderson Car Accident Lawsuits Navigating a car accident lawsuit can be a complex and arduous process. Plaintiffs often encounter several challenges that can hinder their pursuit of fair compensation: Dealing with uninsured or underinsured motorists: When the at-fault driver has no insurance or insufficient coverage, securing adequate compensation can be difficult. This often requires plaintiffs to explore alternative avenues, such as their own insurance policies, to cover damages. Difficulty proving fault due to lack of concrete evidence: Establishing fault is pivotal in car accident cases, and the party with stronger evidence usually prevails. Lack of concrete evidence, such as surveillance footage or credible eyewitness accounts, can make proving fault challenging. Difficulty establishing liability based on law and facts: Liability can be complicated to prove, especially when multiple parties are involved or when legal nuances come into play. Plaintiffs must clearly demonstrate how the defendant's actions led to the accident and their injuries. Disputes over injury severity, insurance coverage, etc.: Insurance companies may dispute the severity of injuries or the extent of coverage.   Filing all paperwork on time: The legal process has strict deadlines for submitting paperwork. Missing these deadlines can jeopardize a plaintiff’s case, making it important to stay organized and timely.  Countersuits: In some cases, the defendant may file a countersuit, alleging that the plaintiff was partially or fully at fault.   Missing or hostile witnesses: Witnesses who are unavailable or unwilling to cooperate can significantly weaken a case. Hostile witnesses may also provide testimonies that favor the defendant, adding another layer of complexity.  Given these challenges, having a competitive, qualified, and focused lawyer is essential. An inattentive lawyer may fail to respond promptly to important paperwork, misrepresent facts, or otherwise compromise the lawsuit. Therefore, it is crucial for plaintiffs to thoroughly vet potential attorneys and ensure they have a proven track record in handling car accident cases. Anderson Car Crash: Types of Damages In a Lawsuit Damages from a car accident involve more than just medical bills and vehicle repairs. You might face lost wages, pain and suffering, and emotional distress. Calculating these damages can be complex and often requires legal expertise to help you receive the compensation you're entitled to. Economic Damages In an Anderson car crash lawsuit, plaintiffs can seek compensation for both economic and non-economic damages. Economic damages refer to the tangible, financial losses incurred due to the accident. These typically include medical bills (which cover expenses like hospitalization, surgeries, medical procedures, emergency care, doctor’s appointments, and prescriptions), costs of medical devices and mobility equipment, physical therapy, and long-term care expenses. Loss of income is another critical component, covering the wages you lost during your recovery. In more severe cases, you might also seek compensation for loss of earning capacity if you cannot return to work or work at all because of your injuries. Property damage, including the cost of repairs or a replacement for your vehicle, and the diminished value of your property after repairs, can also be claimed. Non-economic Damages Non-economic damages address intangible, subjective losses that are not explicitly tied to a financial cost. Pain and suffering, which encompasses physical pain and emotional distress, is typically the primary non-economic damage. Mental anguish, including anxiety, depression, and trauma from the crash, is also considered. Loss of quality of life is another critical non-economic damage, especially if your injuries prevent you from enjoying activities you once loved. Physical impairment, disfigurement, or disability resulting from the accident can drastically alter your life, and compensation for these damages aims to address that profound impact. Lastly, loss of consortium or companionship pertains to the adverse effects on your relationship with your spouse or family because of your injuries. These damages recognize the complicated and widespread toll a severe accident can take on your personal life. How Can an Anderson Car Accident Lawyer at HawkLaw Help Me? Choosing the right attorney to represent you after a car accident can make a significant difference in your case. Look for a lawyer with extensive experience and a proven background in handling car accident lawsuits. A history of successful settlements and verdicts is a good indicator of their capability. Ensure they have the necessary resources and support staff to handle your case thoroughly. At HawkLaw, we are dedicated to providing comprehensive and personalized support throughout your legal process. Our team begins with a thorough case evaluation, helping you gain a view of your legal standing. HawkLaw attorneys are also experienced at negotiating with insurers and other third parties to help you get satisfying results. We handle your legal journey, enabling you to prioritize your recovery and well-being. Injured in Anderson, SC? Learn How HawkLaw Can Help After a car accident in Anderson, securing fair compensation is a key step in your recovery. HawkLaw’s experienced local attorneys understand the complexities of South Carolina's personal injury laws and are dedicated to advocating for your rights. We can handle every step of your case, from evidence collection to negotiation, so you have a better chance of receiving the compensation you deserve for your injuries. ### Anderson Personal Injury Lawyer When you’ve suffered at someone else’s hands, it can be tough to completely recover. Accidents happen all the time, and some lead to serious injuries, including fatalities. If you’ve experienced harm because someone was careless or negligent, let the experienced team at HawkLaw take up the fight for you. Your Anderson personal injury lawyer will review your claim and help make sure you get the best possible compensation for your personal injury claim. Should I Hire an Anderson Personal Injury Attorney? Personal injury lawsuits are complex. An attorney with knowledge and experience in personal injury law knows how to strategically present your case so you can maximize your potential recovery. A personal injury payout can help you get access to resources such as medical bills, prescription medicines, and more. An attorney can help calculate both economic and non-economic damages, and work hard to help make sure you are able to rebuild your life after an accident. At HawkLaw, our legal team is deeply committed to serving the Anderson community and advocating for individuals injured due to negligence. Our dedicated injury law firm will stand by you throughout your case, keeping you informed every step of the way. What Is Personal Injury Law? Personal injury law centers on the concept of negligence, which occurs when someone fails to act with the care that a reasonable person would exercise in similar circumstances. To prove negligence, the injury victim or "the plaintiff" must establish: The defendant owed a duty of care to the plaintiff: A duty of care means the negligent party was legally required to act in a way that would not harm others. For instance, all drivers on the road are legally required to follow traffic laws. The defendant breached their duty of care: This means the defendant did not act in the way they were required to under the applicable law. Continuing our previous example, the negligent driver may have breached their duty by failing to stop at a stop sign. The defendant's breach directly caused the plaintiff's injuries: This means that the injuries were a foreseeable result of what the defendant did or did not do. If the driver ran a stop sign and hit someone, causing injuries, the breach of duty is directly linked to the resulting harm. The plaintiff suffered harm or losses due to the injury: The plaintiff must have suffered some losses, like physical injuries or property damage, due to the negligent party's actions. Negligence applies to a variety of accidents. For example, in slip and fall cases, property owners are expected to maintain a safe environment. Failing to address hazards like wet floors can be seen as a breach of duty. In construction accidents, employers and contractors must maintain a safe work site. If safety regulations are ignored, resulting in injury, this may constitute negligence. Common Injuries in Anderson, SC Some people who suffer injuries will heal and be able to go back to their every day lives. Others, however, may face months or years of treatment and therapies; some may never fully recover the Anderson personal injury attorneys at HawkLaw have experience representing folks with every type and every level of injury, including: Traumatic Brain Injuries Spinal Cord Injuries and/or Paralysis Burns Broken Bones Organ Damage Vision or Hearing Loss Traumatic Amputation Permanent Scarring or Disfigurement Nerve Damage No matter what kind of injury you sustained, we are always ready to fight for justice. Common Types of Personal Injury Cases in Anderson, South Carolina HawkLaw handles a variety of personal injury cases in Anderson, South Carolina. Car accidents, truck accidents and motorcycle accidents are a significant area of focus, demanding attention due to the high risk of serious injury or death. Our attorneys can handle a variety of personal injury cases, including: Car Accidents (including rear-end collisions, drunk driving incidents, and other forms of vehicular negligence) Truck Accidents (including crashes with semi-trucks, delivery vans, box trucks, and more) Motorcycle Accidents (and other motorized vehicle collisions) Premises liability (when property owners neglect to address safety hazards like broken stairs or flooring) Construction accidents (such as falls or equipment failures due to workplace safety violations) Dog bites (often the result of owner negligence and can cause serious physical and emotional harm to victims) Why Choose the Anderson Personal Injury Lawyers of HawkLaw? Finding the best personal injury lawyer for your needs is an important first step on your path to justice. HawkLaw is proud to say we've helped thousands of folks on their paths for the past 23 years, and we want to help you, too. Our Anderson personal injury lawyers are licensed to practice in every court in South Carolina, including the Court of Appeals and the Supreme Court of the United States of America. Our team comes from a diverse legal background, which gives us a unique advantage: we're able to think outside the box and rely on one another to build robust cases for our clients. One thing we all have in common, though, is the drive to do whatever we can for the people we help. We are experienced trial attorneys who won't settle your case for less than it deserves, and aren't afraid to go toe-to-toe with national insurance companies and other business interests. With us, you'll have a team of fighters on your side. That's why we've been able to secure more than $200,000,000 in awards* for our clients over the years -- and we're slowing down any time soon. We're also easily accessible. With five offices throughout South Carolina, we're always close by when you need us. But you don't have to take our word for it; check out these testimonials. Personal Injury Claims Process in Anderson Navigating the personal injury claims process in Anderson can be challenging. Here’s a breakdown of the step-by-step process: Initial consultation with an Anderson personal injury lawyer: This is your chance to present your case to a lawyer, ask questions, and understand the potential legal avenues available to you. Case evaluation and strategy: Once hired, your lawyer will dive deeper into the strengths and weaknesses of your case. This involves reviewing all available information and developing a strategy based on the specifics of the case. Gathering relevant evidence: Your lawyer will collect evidence to support your claim. This may include photographs or videos of the incident and various other forms of relevant documentation. Filing a personal injury lawsuit: If the insurance company does not offer you a favorable settlement, you may choose to file a lawsuit. Discovery: In this phase, your lawyer and the defendant will exchange evidence and information. This is a critical step that allows each party to gather what they need to strengthen their position. Trial preparation/settlement negotiation: As the trial date approaches, your lawyer will prepare by organizing evidence, identifying witnesses, and crafting arguments. Simultaneously, they may engage in settlement negotiations with the opposing party to potentially resolve the case without going to trial. Court proceedings, if any:  A judge or jury will decide the outcome of your case based on the information presented. Can HawkLaw represent me in court if my case goes to trial in Anderson? The Anderson personal injury lawyers of HawkLaw are experienced trial attorneys. If the insurance company won’t play fair or offer a settlement that’s actually just, we are ready to take your case to court. We prepare all cases for trial just in case because we believe in being prepared at every step. What Is the Statute of Limitations on Personal Injury Claims? The statute of limitations for filing a personal injury claim in South Carolina is three years from the date of the accident or injury. Missing this deadline can result in your claim being dismissed and your chance for recovery lost. However, there are exceptions to this rule. For example, when a minor is involved or if the injury only became apparent later, the time frame for filing may be extended. Claims involving the government can also involve different deadlines. It is advisable to consult with an Anderson personal injury attorney to understand filing deadlines. What Is My Personal Injury Claim Worth? How much your personal injury claim is worth depends on the specifics of your case. Some factors that influence such value include the financial impact of your injuries, like medical bills. Non-economic damages, such as pain and suffering, must also be carefully considered and strategically negotiated. Your personal injury lawyer will thoroughly assess all these elements to estimate a fair compensation amount. They may review previous cases with similar circumstances to gauge potential compensation. Remember, insurance companies often use formulas to calculate settlement offers, which may not fully reflect your needs. Therefore, it is important to have a skilled lawyer by your side so you may have a chance to be compensated for the full extent of your injuries. South Carolina Negligence Law South Carolina's negligence law can significantly impact your personal injury claim. The state follows a "comparative negligence" rule, meaning that the compensation you receive may be adjusted based on your degree of fault in the incident. If you are less than 51% responsible for the accident, you are eligible to receive compensation. For example, if you were 10% at fault in an accident with total damages of $100,000, your compensation would be reduced by 10% and you would receive $90,000. Anderson Personal Injury Lawyer Near Me Our Anderson office is conveniently  located at 201 N Main St, Suite 3, between W. Earle and W. Orr Streets. You can take S. Murray Ave to Federal and then loop around to Main Street, or you can take W. River Street to Main Street, too, depending on which direction you're traveling. We're also right down the block from the Anderson County Main Library. There's plenty of onsite parking and street parking. Get in Touch With HawkLaw’s Personal Injury Attorneys When you’ve been injured by someone else’s negligence, you shouldn’t have to fight back on your own. Instead, speak to a personal injury lawyer from HawkLaw, PA to help you fight back. Our attorneys can help you get started with a free* consultation. We want you to know what you can expect from us and from your claim before you sign anything, so please reach out to discuss your claim as early as possible. Complete this online contact form to get started. ### Burn Injury Lawyer Spartanburg HawkLaw can help burn injury victims receive the maximum settlement for their injuries, allowing them to pay bills and heal with financial peace. Reach out today by using our contact page or calling 888.HAWK.LAW to speak with a burn injury lawyer in Spartanburg. What Does Burn Injury Mean? A burn injury is an injury to the skin or any other tissue on the body caused by fire, heat, electricity, friction, chemicals, or electricity exposure. These injuries cause severe pain and can lead to disfigurement. Working with a burn injury attorney helps you get fair compensation when suffering from this type of injury. Some of the types of accidents that can cause burn injuries include: Motor vehicle accidents: Car crashes and truck accidents often cause fires that can lead to burn injuries. Tanker explosions: When tanker trucks explode, they can create many accident victims. Electrical accidents: Electrical accidents may cause sparks or fires that lead to burns. Defective products: Products made improperly can combust and create a fire hazard and create the basis for a product liability claim. Inadequate fire emergency plans: Employers or building owners that do not post adequate fire emergency plans may be guilty of not following their duty of care. Locked fire exits: Locked or blocked fire accidents can allow someone to suffer severe burns when otherwise they would have been able to leave the building. Apartment building or recreational fires: When people light fires and do not attend to them properly, they can spread, and this can create a risk for burn injuries. Because there are so many different potential causes, burn injury cases can have many ways to fight for compensation, which is why working with an attorney is so helpful. Types of Burn Injuries Doctors classify burn injuries based on their severity. They receive ratings of first, second, third, or fourth degree. First-Degree Burns These mild burns only damage the epidermis, which is the top layer of the skin. They cause it to become red and painful, but not to blister. These rarely require medical attention. Second-Degree Burns These burns affect the epidermis as well as the dermis, which is the second layer. They create pain and redness and often cause swelling and blistering. Sometimes they require medical treatment. Third-Degree Burns Third-degree burns burn the epidermis, dermis, and fat layers of the skin. They destroy hair follicles and sweat glands. They often turn the skin black or white and give it a leathery look. These severe burns may not hurt because the nerves have damage, but they require medical attention and may cause severe disfigurement or scarring. Fourth Degree Burns Fourth-degree burns burn all the layers of the skin and the underlying fat layer, but they also damage the muscle and bone. This severe burn can cause permanent damage to the area. Sometimes amputation is necessary. Different Types of Burns In addition to the classification system, burn accident victims can categorize their burns based on how they received them. Some types of burns include these: Thermal burns: These burns occur when an external heat source increases the skin's temperature. This can be from anything hot, including fire, hot liquids, steam, or hot surfaces. Electrical burns: These burns occur when the skin comes in contact with electricity, damaging the skin. Chemical burns: These are burns that occur when someone touches a dangerous chemical. Radiation burns: This type of burn occurs when the skin receives damage due to radiation exposure. Regardless of the type or degree, burns often cause severe pain and ongoing health needs. That is why working with a Spartanburg personal injury lawyer is so important after a burn accident. Burn Injury Treatment Burn injury treatment depends on the extent of the burn and how much tissue has damage. First-degree and some second-degree burns require nothing more than home first aid. If you have third-degree burns or severe second-degree burns, you need to seek medical care. Treatment begins with antibiotic creams and covering the burns to prevent infection. For large burns, skin grafts that take skin from a healthy area of the body to cover the burned area helps protect the underlying tissue during healing. Sometimes if someone has extensive burns over many parts of their body, artificial or donor grafts are necessary. IV fluids are another part of treatment. This keeps the blood pressure steady while the person heals. IV fluids also help reduce the risk of shock and dehydration. If damage to underlying muscle, bone, or nerves is severe, the victim may require an amputation. Doctors will monitor the area to reduce the risk of infection. Secondary Injuries from Burns Burns often cause additional injuries beyond the burn itself. For example, accident victims may find that they suffer from limited mobility due to tightening and scarring of the skin or damage to the muscle and bone. Infection can lead to serious medical issues and mounting medical expenses. If improper medical care occurred, you may have grounds for a medical malpractice case. Pain management is a major part of burn recovery. Burns are serious injuries that cause extensive pain, and your medical team should be proactive at managing your pain while you heal. Extensive pain can lead to emotional suffering. Many burn victims end up with post-traumatic stress disorder, or PTSD, after their injuries. The extreme pain, often shocking circumstances of the accident, and ongoing medical needs that occur after a severe burn can lead to this chronic mental health condition. Sometimes, burn victims end up disfigured after their accidents. Disfigurement causes emotional suffering and pain. In severe cases, you may even face the death of a loved one after a burn accident. Fatal accidents can lead to wrongful death cases depending on the circumstances of the accident. Why Hire a Personal Injury or Burn Injury Lawyer If you suffer a burn in a car accident, motorcycle accident, work accident, or some other type of accident, you may be due compensation for your injuries. Burn cases often have at-fault parties that are liable for the accident and resulting injuries. Yet while you are working on healing, pursuing compensation is the last thing on your mind. Working with a personal injury law firm will help you protect your rights and receive fair compensation for your injuries. When you hire a South Carolina personal injury or accident lawyer to assist, you get solid legal advice from a qualified professional. Personal injury attorneys work with the aftermath of injuries all the time. They know how to negotiate settlements that are fair in a personal injury case, so you get the money you need to heal. When you have a law office on your side, the personal injury claim process with any insurance company goes more quickly. A personal injury attorney knows the claims process well, and this takes stress off of your plate while you heal. With fewer delays, you get your hands on your money faster, so you can start paying down your medical bills. Should your case go to court, you will have legal representation on your side. Often, either through court or through negotiation, having a respected, trusted lawyer on your side leads to higher settlements. HawkLaw has a team of personal and burn injury attorneys that have many years of experience. Our Spartanburg, Charleston, Columbia, and Greenville offices are carefully spread throughout the region to provide convenient legal services throughout Spartanburg County. We value the attorney-client relationship and operate in many practice areas in addition to personal injury law, which means you get comprehensive legal representation. Should accident victims need to file a workers' compensation claim or claim for property damage in addition to their personal injury claim, we can help. Our Process Working with HawkLaw after a burn accident is fairly simple. Here's what you can expect from our process: Step 1: Talk to Us Set up an initial consultation at no cost to you*. We will discuss the details of your case and your injuries to determine if you have solid ground to pursue compensation. Step 2: Build Your Case We will begin collecting data about your injuries, medical care, the accident, and your ongoing needs. We will build a case that shows who the at-fault party is, so you can seek compensation from them. We are a digital-first law firm, so you will have access to check our findings as we build your case. Step 3: Negotiations While we can go to court if the need arises, our first step is always negotiation. We want to try to negotiate a fair, just settlement on your behalf that will fully cover your costs as you heal. Our goal is to fight to win and account for your injury, pain, and suffering. If negotiations fail, we will talk with you about the option of going to court. Contact HawkLaw to Discuss Your Burn Injury Case in Spartanburg Our personal injury lawyers are waiting to talk to you. Fill in our online form or call 888.HAWK.LAW to schedule your free initial consultation* with a Spartanburg burn injury lawyer. ### Burn Injury Lawyer Columbia Burn victims often do not know what to do next, and the blisters, pain, and medical care needs can linger for a very long time. Some of the injuries that happen to burn victims can significantly affect their quality of life for years to come. If you have been injured in a car accident, truck accident, or through experiencing a burn at work or at home in the Columbia or Lexington area, you will want to seek out the services of a Columbia burn injury lawyer. How A Columbia Burn Injury Attorney Can Help A personal injury attorney can be the right option when you need compensation and support for injuries you sustained at the hands of others. From fall accidents to burns and other types of harm a legal team helps you feel safe and protected while they work to ensure you receive financial support for your medical care. Disfigurement, nerve damage, and other problems with daily living all come along with some burn injuries. These types of burns include much more than just blisters and burn victims often find that they need more medical treatment and support than they may have originally expected. Without a strong settlement to cover the medical bills, skin grafts, and other treatments that a serious injury like a burn can create, you and your loved ones could have significant debt due to the negligence of another person or company. Many additional costs come from car accidents, motorcycle accidents, and other events that can all cause burns along with other injuries. You deserve the services of a qualified South Carolina personal injury lawyer who works with injury victims and helps them receive the highest possible settlements for serious injury issues. HawkLaw Fights to Win, and you can rely on us to work with you on your workers’ compensation, medical malpractice, or another burn case. That will help you focus on healing, and provide you with financial peace of mind. Contact us at HawkLaw today using our contact page or by calling 888.HAWK.LAW today. We can use our years of experience to help with your case. A quality trusted burn injury attorney is the right choice to help you receive the settlement you deserve in your personal injury case. By working with a Columbia personal injury lawyer you can rely on, you have more opportunities for long-term security and support. What Does Burn Injury Mean? A burn injury most often comes from heat or flame. Substances such as caustic chemicals can also cause burns that need medical treatment, as can electricity and radiation. A burn can create significant medical expenses related to disfigurement, damage to the nerves in the area, and other issues. A wrongful death suit may need to be filed by loved ones for someone who has lost their life due to a burn injury. With a trusted and reliable personal injury attorney on your side you are better able to fully seek compensation for the injuries you have sustained. You can also seek justice for a loved one who may have died in a car accident or other event that resulted in serious burn injuries. Understanding where these kinds of injuries can come from in the Columbia area helps to put the serious nature of these injuries – and how common they really are – in perspective. Some of the most common burn injuries come from events such as: Car accidents, truck accidents, and motorcycle accidents – a car accident is a very common way for someone to sustain serious injuries, including burns. Motorcycle and truck accidents are included in that. Tanker explosions – When a tanker explodes there is often more than just fire to contend with for people in the area. There can be chemicals and gases released that can also cause serious burns. Electrical accidents – Whether someone works with electricity or simply comes into contact with a live electrical wire, that contact frequently causes significant burns and other injuries. Defective products – People want to trust the products they purchase and have in their homes, but sometimes those products do not work as intended. Use of defective products causes serious injury to some people. This can include fireworks. Inadequate fire emergency plans – Being able to properly and quickly leave a burning building is vital to survival and safety. Legal issues arise when there is no plan for evacuation and injury law is not taken seriously. Locked fire exits – Much like inadequate plans for a fire emergency, legal issues and medical expenses both arise when people cannot leave through fire exits. The inability to leave a serious situation that resulted in significant injury can mean a personal injury claim. Apartment building/recreational fires – Fires can happen anywhere in the Columbia and Charleston areas. Apartment buildings are often at more risk than single-family homes, largely because of the number of people and the inability to exit quickly. Nearly any type of event could result in injury, and no location is completely immune. From dog bites to workers’ compensation claims, an attorney-client relationship with the right personal injury attorney can make all the difference. Burns are particularly serious issues, and there are more than 1.1 million burns every year that are significant enough to require medical care, according to the CDC. By working with a law firm for a burn injury or other personal injury case you receive the legal representation you need to seek medical treatment and move forward toward full healing. Types of Burn Injuries There are four types of burn injuries that people experience, which are first, second, third, and fourth degree burns. The number correlates to the degree of the burn, with first-degree burns being the least severe and fourth-degree burns being the most severe. If you have been in a car accident or injured in some other way that involves burns, you may need to seek legal representation for burns that are significant in degree or broad in scope. First-Degree Burns A first-degree burn is superficial. It affects the outer layer of skin, which is called the epidermis. These kinds of burns are often painful, but they heal quickly and do not cause any lasting harm. A mild sunburn, for example, would be an example of a first-degree burn. It does not feel good, but it heals and is forgotten about in time. Second-Degree Burns A second-degree burn makes its way through the epidermis and into the second layer of skin, called the dermis. The area that is burned can become very red, and blisters can form. There is also significant pain with this degree of burn. Second-degree burns generally heal without medical care, but it can take time. Some people do seek medical treatment for second-degree burns. Third-Degree Burns A third-degree burn is a much more serious issue than first-degree or second-degree burns. Not only do third-degree burns destroy the dermis and epidermis, but they travel further into the body and damage the subcutaneous tissue. These burns may look white, or blackened and charred. They require medical attention to heal properly and should not be left untreated. Fourth-Degree Burns A fourth degree burn is the most serious kind. Burns of this degree make their way past all the body’s tissues and into bone and muscle. The nerves in the surrounding area are destroyed when there is a burn this significant. That often means there is no pain, but the damage is severe and frequently cannot be repaired. Disfigurement, permanent nerve damage, and life-threatening infections and other issues can come from these burns. They require comprehensive medical care and may still result in loss of life or limb. There are several specific kinds of serious burn issues that create personal injury cases and require a Columbia burn injury lawyer. These include: Thermal burns – These burns are what most people think of when they burn themselves. Sunburns fall into this category, as do small burns from hot stoves or curling irons. Generally, there is no medical attention needed. These are not the kinds of cases that would require a personal injury attorney. Electrical burns – Anyone who works with or around electricity has the potential to experience electrical burns. These come from contacting live electrical wires. The general public does not usually have any reason to get near these kinds of wires, but storm damage and other issues can increase the risk of downed power lines and other interactions. Chemical burns – a chemical burn comes from caustic chemicals such as lye or bleach. There are many chemicals that can cause burns, and many of those burns have the potential to become severe. Immediate medical attention is often needed for chemical burns, especially if the eyes or mucous membranes are affected. There are generally washing stations in labs and other areas where these kind of burns can occur, but medical attention is still needed. Radiation burns – radiation is extremely valuable in medical tests, and has a number of other uses. But a high dose of radiation, especially to a concentrated spot on the skin, can create burns that need medical care. Some of these radiation burns take a very long time to heal and can cause lasting damage. Medical malpractice can result in radiation burns, in some cases. Burn Injury Treatment The types of injuries that are sustained from a burn affect the treatment. Typically, there is specific medical treatment that is needed for every type of burn. First-degree burns really need very little treatment. Many people put some ice on them for a little while, or they use a medicated ointment that numbs the pain. Second-degree burns are similar in the way they are treated, but some people will seek medical care for these burns just because of the pain they can cause. Infection is also a risk for a second-degree burn or higher, which means there is value in monitoring the area to ensure it heals properly. Third-degree burns and fourth-degree burns always require medical care. People who receive these burns can lose skin, and they risk infection, disfigurement, and nerve damage, as well. The concerns related to a third-degree or fourth-degree burn actually go far beyond just the specific burn. Secondary serious injuries and ongoing health problems create ongoing difficulties for people with severe burn injuries. Not only is the degree of the burn a significant factor in whether the burn will cause long-term problems, but the size of the burn and how much of the body it covers also matters. Large-scale, high-degree burn injuries have the potential to be particularly significant for the long term. Some of the most serious secondary problems that come from burn injuries include: Limited mobility Infection Pain management PTSD Disfigurement/Death Why Hire a Columbia Personal Injury or Burn Injury Lawyer? There are a number of important benefits to hiring a burn injury lawyer who can help with your personal injury case. Addressing compensation for the pain and suffering you have experienced, receiving fair treatment to help with medical costs, and much more is often a part of burn injury recovery. If there are ongoing problems such as disfigurement you may be seeking additional compensation for the effects that has on your life, as well. Proper legal representation can help you receive what is fair and just in your case. While burn injuries are relatively common, living with the consequences of another person’s negligence is deserving of compensation. From medical malpractice to dog bites and truck accidents, there are many times when a good attorney-client relationship helps you move forward in life. Some of the benefits that come with choosing a personal injury attorney for your case include: Personal injury attorneys are highly knowledgable in settlement negotiation. Legal representation can help you expedite the claim process. You will have quality, trusted representation in court. Attorneys understand the personal claim process. Working with a legal professional takes the stress off your plate so you can heal. Strong personal injury attorneys are respected and trusted by others in their field. Our Process HawkLaw Fights to Win. We know that a personal injury case is serious and important, and we will work towards getting you fair and just compensation for the burn injuries you have sustained. Our simple process is easy to start, and can move you closer to help and support for treatments, medical care, and a return to daily life with peace of mind. There are three steps to the process, which are: 1: Talk to Us 2: Build Your Case 3: Begin Negotiations Reach out to us today and request a free consultation* by giving us a call. Our phone number is 1-888-HAWKLAW. You can also complete the online contact form to speak with a trusted personal injury lawyer in the Columbia area. You deserve fair treatment and compensation for your injuries. We are here to help you receive it. ### Burn Injury Lawyer Greenville When you are injured this way, working with an injury attorney can be a way to seek out the compensation you deserve. Professional legal help is the way to bring suit against those responsible for your burn injuries. Whether it was the result of a car accident, chemical burns at work, truck accidents, defective products, fireworks, or other issues, a burn injury can cause disfigurement, permanent nerve damage, and other devastation. How A Greenville Burn Injury Attorney Can Help Without a settlement to address the medical bills and treatments a burn victim often needs, you and your loved ones may have significant debt that is difficult or impossible to repay. There are additional costs that come with this kind of accident, and you deserve to receive compensation to cover those costs for the foreseeable future when you have been injured at the hands of a negligent actor. A South Carolina personal injury lawyer can help burn injury victims receive the maximum level of settlement for the injuries they have sustained where someone else is legally responsible for causing the accident. HawkLaw Fights to Win, and we will fight for your needs and rights in your burn injury case. That can help you pay bills and heal with financial support and peace of mind. Contact HawkLaw today by calling 888.HAWK.LAW or using our contact page and let us help with your case. A knowledgeable burn injury attorney can make a difference in the settlement you receive. When you work with a trusted Greenville personal injury lawyer you have the opportunity for security in the long term. What Does Burn Injury Mean? A burn injury is any kind of damage that comes from flame and heat. These kinds of injuries can also come from substances, in the case of chemical burns. Burns can cause disfigurement, nerve damage, and other problems that go far beyond some time to heal. In severe cases, they can even result in a wrongful death lawsuit due to the loss of a loved one. With a personal injury attorney on your side, you have the option to seek proper compensation for your injuries or to seek justice for someone whose life was taken due to a serious burn injury and its complications. Burn injuries can happen in so many different ways that many people do not realize. But understanding where these injuries can come from in and around the Greenville and Spartanburg areas can help you process the injury. Some of the most common sources of burn injuries include: Motor vehicle accidents (including truck accidents) Tanker explosions Electrical accidents Defective products Inadequate fire emergency plans Locked fire exits Apartment building/recreational fires Nearly any kind of event or location can result in a burn injury, making these injuries one of the most common types of harm. According to the CDC there are 1.1 million burn injuries every year that are significant enough to require medical care. When you work with a law firm for your burn injury case you can seek out both medical treatment and legal representation that can make moving forward after a burn injury easier. Types of Burn Injuries There are four main types of burn injuries that people face. These are first, second, third, and fourth degree burns. Understanding the differences between these kinds of burns can help you determine when to seek legal representation for an injury you may have sustained at work, in a car accident, or through other means. First Degree Burns A first degree burn is a superficial burn that only affects the epidermis or outer layer of your skin. It can be painful, but it generally does not cause lasting damage. A good example of this type of first degree burn would be a mild sunburn. Typically, these kinds of burns heal quickly and on their own. A small difference in skin color in the affected area may remain. Second Degree Burns A second degree burn goes through the epidermis and into the dermis, which is the second layer of skin. The site of the burn can look red and be blistered. It may also be very painful. These second degree burns often heal on their own, but that may take some time. Third Degree Burns A third degree burn is much more significant than the first two types. These destroy both the epidermis and dermis and frequently make their way through to the subcutaneous tissue underneath. The burn injury site can look blackened and charred or completely white. Burns of this type require medical attention. Fourth Degree Burns A fourth degree burn is the most significant type. These can burn into the muscle and bone, destroying the nerves in the area in the process. There is typically no pain from these burns because of the destruction of the nerve endings, but the damage done can be extremely severe. This damage is often irreparable. It results in permanent nerve damage, disfigurement, and is life-threatening. Significant medical care is required. Different types of issues that may result in a serious burn and create personal injury cases include: Thermal burns - Thermal burns are the typical kind that people think of, such as getting a sunburn or accidentally putting their hand on a hot pot or pan. These burns are typically not anything that requires significant medical or legal attention, and they heal well. It is possible that a severe sunburn would require medical care, but not the services of a personal injury attorney. Electrical burns - Electrical burns often come from a short or other problem that causes an electrical fire. They can also occur when live electrical wires are accidentally contacted. While these are not common injuries in the general public, people who work with electricity for a living are at greater risk of an electrical burn that can be very serious or even life-threatening. Chemical burns - Scientists, those who work with chemicals and substances, and anyone in a profession where these items are easily accessed has risk for chemical burns. Burns of this type can be very serious and can need immediate medical attention. Most labs and other places where chemicals are present have washing stations to start removing the chemical from skin or eyes immediately. Still, medical attention is often required. Radiation burns - The use of radiation is a very valuable way to conduct certain types of medical tests, and radiation is also used in other ways. When it is too highly concentrated in one area, though, radiation burns can occur and cause significant damage to the skin. Anyone who suffers radiation burns will need medical care and can take significant time to heal from the damage. Burn Injury Treatment The types of injuries sustained from a burn affect the treatment needed. Typically, there is specific medical treatment associated with each type of burn. For example, first-degree burns really need little to no treatment. People often use a pain-relieving ointment or ice. Second-degree burns are similar in their treatment, although some people do seek medical care for them. There is a chance of infection or other problems with these burns, so watching them closely is important. With third-degree burns, and especially with fourth-degree burns, victims need medical care. People who experience these kinds of burns may lose skin, can end up with infections, and may also find that they are experiencing nerve damage, disfigurement, and other issues that go far beyond the actual burn itself. There are often secondary serious injuries and difficulties that become problematic for someone with a burn injury. The seriousness of the burn is a large part of whether there will be additional issues to face. But that is not the only factor. Another important factor is the size of the burn, as burn injuries that cover large areas of the body can be particularly devastating. These secondary problems include: Limited mobility Infection Pain management PTSD Disfigurement/Death Why Hire a Greenville Personal Injury or Burn Injury Lawyer? There are many benefits to hiring a burn injury lawyer to help with your case. From dealing with medical costs to addressing compensation for physical pain, disfigurement, and other issues, a free case evaluation* at a law office can help you get the legal representation you are looking for and deserve. There are many common causes of burn injuries, but that does not mean you should have to just live with the consequences of another party's negligence. From truck accidents to medical malpractice and more, a strong attorney-client relationship can help you receive fair and just compensation for your injuries. Some of the biggest benefits in choosing a personal injury attorney for your burn injury case include: Expedite the claim process Representation in court Know the personal claim process Takes stress off your plate while you heal Respected/trusted by others in the field Our Process HawkLaw Fights to Win, and we will fight for the compensation you deserve. We have a simple, easy-to-follow process that can get you started on the support you need for medical bills and treatments, as you move your case forward. There are only three steps, which are: 1: Talk to Us 2: Build Your Case 3: Begin Negotiations You can request a free consultation* today by calling us at 1-888-HAWKLAW, or complete the online contact form to speak with an experienced personal injury lawyer in the Greenville area about your burn injury case today. We are here to help you get the compensation you are entitled to for your injuries, so you can begin to fully heal. ### Personal Injury Lawyer Spartanburg If you or a loved one were hurt because of someone else's actions or negligence, you may be dealing with physical injuries, emotional stress, and financial burdens. Consulting a Spartanburg personal injury lawyer can help you understand your options for legal action so you can move forward with your life. At HawkLaw, our team is committed to providing you with the support and guidance you need during this difficult time. Each case is unique, and we strive to provide personalized and comprehensive legal services to ensure the best possible outcome for our clients. Spartanburg Personal Injury Lawyer Near Me Finding the right Spartanburg personal injury lawyer is paramount when you're seeking justice and compensation for your injuries. Conveniently located at 5506 Reidville Rd, Moore, SC 29369, our law office is easily accessible for residents throughout Spartanburg and the surrounding areas. If you’re heading southeast on E Main St, use the left two lanes to turn onto SC-296 E/Reidville Rd. After passing the Wells Fargo bank (on your left), you’ll find HawkLaw on your left-hand side, ready to provide you with the legal support you need. Our office is located near several key landmarks, making it a straightforward destination for those unfamiliar with the area. We are close to the BMW Zentrum, Hollywild Animal Preserve, Spartanburg Art Museum, and Croft State Park. Our location is easily accessible and places us at the heart of the culturally vibrant and scenic community we serve. Why Should I Hire a Spartanburg Personal Injury Lawyer at HawkLaw? Working with a Spartanburg personal injury lawyer at HawkLaw helps you navigate the complexities of personal injury claims with confidence. Our legal team brings a wealth of experience and dedication to each case, meticulously managing every step, from conducting investigations to working with experts to bolster your claim. Should a trial be necessary, our attorneys are skilled negotiators who will represent you fiercely in court. This blend of personal injury claims experience and courtroom readiness significantly enhances your chances of securing a favorable outcome. What Does a Personal Injury Lawyer Do? Personal injury attorneys advocate for victims of different types of accidents who have suffered due to the negligent behavior or action of another party. They work in tort law, which is inclusive of both negligent and intentional acts. If you are a victim of an accident, your Spartanburg personal injury lawyer will: Provide legal representation so you can receive deserved compensation Investigate claims carefully and gather evidence to support the victim’s claim Pursue the highest levels of eligible compensation under South Carolina law Work on contingency which means you do not pay unless you win a settlement* Negotiate with insurance companies and protect you from being offered lowball settlements Present all of your legal options in a straightforward manner to help you make decisions When insurance companies will not offer a fair settlement or dispute injury claims, your attorney will discuss your options, including the possibility of preparing a complaint against the party who is at fault for the accident. Then, they will represent you in court if the case goes to trial, advocating solely in your best interests. Most Common Personal Injury Claims HawkLaw's attorneys have handled a variety of personal injury claims over the years. These claims vary significantly in nature but tend to involve situations in which individuals have suffered due to someone else's negligence or wrongdoing. Some of the most frequent types of personal injury claims we encounter include: Car Accidents and Car Accidents at Work: Often resulting from distracted driving, speeding, or driving under the influence, car accidents can lead to serious injuries or fatalities. Victims may face long recovery times, significant medical bills, and loss of income, underscoring the importance of seeking legal representation. Truck Accidents: Given their size and weight, trucks can cause devastating damage in collisions. These accidents may involve complex liability issues, often requiring thorough investigation to determine fault and secure just compensation for the injured parties. Other Motor Vehicle Accidents: This category encompasses a range of incidents, including bicycle accidents — where cyclists are struck by vehicles or encounter road hazards—motorcycle accidents, and pedestrian accidents —where individuals walking near or across roads are hit by vehicles. Product Liability: Not all our appliances and products are as safe as we hope. Whether it is a faulty appliance or a defective drug, seek out help when you are injured by a product. Medical Malpractice: We trust our doctors not to make mistakes, but sometimes, it happens. Worse, they might have made a mistake because they were careless. In this situation, you will need help filing a claim against your doctor. Slip-and-Fall Accidents: Property owners are responsible for keeping their premises safe. When they do not you could slip, trip, or fall, leaving you with painful injuries because others were careless, making them responsible for premises liability. Wrongful Death: Sadly, you might have lost a loved one because someone else was careless. It can be tough to regain your compensation during this time, so you will need help getting the compensation your family needs to move on. Nursing Home Abuse: Regrettably, many patients at nursing homes are physically abused, neglected, or emotionally abused when they cannot stand up for themselves. Families hiring Spartanburg personal injury attorneys find someone who can help victims and their loved ones receive justice and compensation for injuries and emotional distress. Construction Accidents: These incidents can occur due to falls from heights, equipment malfunctions, or safety violations, resulting in serious, often long-term injuries. In these complicated cases, it is essential to work with an attorney familiar with construction accident claims. Dog Bites: Bites can cause severe injuries and trauma, especially when children are involved. In South Carolina, dog owners are typically held liable in such cases, so long as the victim was not trespassing and did not provoke the dog. Our lawyers can also help with many other case types, such as drunk driving accidents or workers’ comp. If you've experienced any of the above events, we encourage you to reach out to learn how HawkLaw may be able to support you. What Constitutes a Personal Injury Claim? A personal injury claim is a legal avenue through which individuals can seek compensation for injuries and losses they have incurred. Here are the key elements that typically constitute a personal injury claim: Negligence: The injury was caused by the negligence or carelessness of another person or entity. This means that the responsible party failed to act with the level of care that a reasonably prudent person would have in the same situation. Injury: There must be a physical or emotional injury resulting from the incident. Merely being involved in a situation where you could have been injured, without actual harm, does not constitute a claim. Causation: There must be a direct link between the negligent behavior and the injury sustained. It needs to be proven that the injury would not have occurred if not for the negligent actions of the responsible party. Damages: The injury must have resulted in quantifiable losses. This can include medical bills, lost wages, pain and suffering, and other types of economic and non-economic damages. Who Is the Responsible Party In a Spartanburg Personal Injury Lawsuit? When you are injured, one of your first concerns should be knowing who is responsible for your injuries. You will need compensation for your injuries, but that compensation must come from somewhere. While you might know who or what caused the accident, you may need help finding the person responsible for your losses. For example, you know that the medication you took made you even sicker than before. In this case, who is responsible for your injuries? Often, it comes down to the doctor who prescribed the drug, the pharmacist who filled it, or the manufacturer who produced it. Often, fault depends on how you were injured. For example, let’s say your doctor misdiagnosed you out of carelessness. In this case, they are the responsible party. If the pharmacist wrongly filled your prescription, they are at fault. If everyone else did their jobs properly, however, the fault might lie with the manufacturer, who perhaps did not safely test the drug first. Can I Get Compensation in Spartanburg if I Am Partially at Fault? In instances where an accident involves multiple parties, determining liability becomes complex. Under South Carolina law, even if you are found to share a portion of the blame—50% or less—for the incident leading to your injury, you may still be eligible to receive compensation. However, the total amount you're entitled to can be reduced in proportion to your percentage of fault. South Carolina's comparative negligence rule is another reason why having a knowledgeable personal injury lawyer by your side is so important. An attorney can meticulously analyze all the facets of your case, ensuring the calculation of your liability percentage and all mitigating factors are accurately represented. Their guidance is invaluable in minimizing your share of the blame and preventing the opposition from unfairly shifting a larger portion of the fault to you. What Is My Personal Injury Claim Worth? Determining the value of a personal injury claim is a complex process that requires a nuanced understanding of both the law and the specifics of each case. Accurately calculating losses without the help of a skilled personal injury lawyer can be incredibly difficult. This is especially true when your losses are non-quantifiable, like pain and suffering. In other cases, you may find that injuries you suffered in an accident require you to make renovations in your home, but have difficulty proving these costs should be included in your claim. Lawyers with experience handling personal injury claims know how to overcome challenges like these to ensure you are fairly compensated. The valuation of a claim involves two main types of damages: economic and non-economic. Economic damages are quantifiable financial losses that the injured party has suffered or will continue to suffer due to their injury. These include: Current and future medical expenses Lost income Loss of earning capacity Property damage Accommodations for long-term injury recovery Non-economic damages, on the other hand, are intended to compensate for more subjective losses, such as pain and suffering. These are inherently more difficult to quantify and require a lawyer’s insight to ensure a fair evaluation. This includes: Pain and suffering Loss of enjoyment of life Mental anguish Loss of security Emotional trauma Speaking with an experienced personal injury lawyer positions you to make sure all of your injuries are documented and presented in your case. At HawkLaw, we will make sure nothing is overlooked or left out in the personal injury claims process. Punitive Damages In most cases, you will be able to seek punitive damages, but it can be difficult to prove you should receive them. This type of damage requires that you prove the other party was willfully dangerous or wanton in their conduct, which means providing more evidence for your claim. Accident victims typically need an experienced attorney for this. What to Do After Experiencing Personal Injury in Spartanburg While legal action is a crucial step to consider after experiencing a personal injury in Spartanburg, it's important to focus on recovering both physically and emotionally. Here’s a list of actions to help guide you through the aftermath of an injury: Consult With a Therapist: Psychological support is key after an injury. A therapist can help you navigate the emotional challenges and stress that often accompany personal injuries, aiding in your overall recovery. Focus on Self-Care: Consider engaging in activities that promote relaxation and mental health. These may include meditation or gentle exercise. However, you should ask your doctor before participating in any activity you believe may affect your recovery. Adhere to Your Doctor's Instructions: Your healthcare providers know the best treatments and practices for helping you recover as soon as possible. They can also help you manage any unexpected complications that may arise. Connect with Friends and Family: Don't underestimate the power of support from your loved ones. They can offer emotional support, assist with daily tasks, and provide a much-needed sense of normalcy and comfort during this challenging time. How Long Do You Have to File a Personal Injury Lawsuit in Spartanburg, SC? For most injury victims in South Carolina, you will only have three years to file. That means that if you try to file after more than three years, your claim will be dismissed. That leaves you without compensation, so fight back today for your claim. It does not matter if you are in a car accident, medical malpractice, or another accident that left you with thousands of dollars of medical bills, the law does limit your ability to file a claim, so do not delay. Do You Have a Personal Injury Case? Find Out How a Spartanburg Personal Injury Lawyer Can Help A major injury can leave you and your family devastated. You are ready to file your claim for the full amount you deserve, but you are overwhelmed by everything that must be done. Unfortunately, that means many injury victims end up losing the compensation they deserve. Fortunately, you will have help on your side. At HawkLaw, P.A., our personal injury law firm understands the pain and confusion that a personal injury claim brings. It can be tough to recover, which means you will need experience and empathy on your side. We know how much you are suffering, so we will give you the support you need to fight back. Our clients will attest that HawkLaw Fights to Win and that we take our promise seriously to stand with you every step of the way. Considering filing a claim, but unsure where to begin? Reach out to us either by phone or our online contact form for a free consultation*. We will discuss your personal injury claim and make sure you know what your claim needs. That way, you know what to expect before you ever get started. Our law firm offers years of experience in a number of different practice areas.   ### Personal Injury Lawyer Greenville At HawkLaw, our team of dedicated professionals will take the time to understand your unique situation while providing personalized and compassionate legal representation. Our goal is to ensure your rights are upheld and to work towards the most favorable outcome for your case. Contact a Greenville personal injury lawyer to explore your legal options and learn how we can make a difference in your claim. Personal Injury Lawyer Near Me Finding a personal injury lawyer in Greenville who is both skilled and conveniently located can ease the stress of navigating your case. Our office, situated at 3 Caledon Ct # A, Greenville, SC 29615, offers both convenience and accessibility. We have plenty of parking, and you can take the 509 bus to reach us, too. We're just a stone's throw away from some of Greenville's most beloved landmarks, including the Greenville Zoo, Falls Park on the Reedy, and the Greenville County Museum of Art. If you're headed southeast on Pelham Road, turn left onto Caledon Court. Once you've made the turn, keep an eye out for our office on your right-hand side. Is It Worth Hiring a Personal Injury Attorney? In the aftermath of a severe accident or injury, one of the most critical steps you can take is to contact a personal injury attorney. Working with a personal injury lawyer offers numerous benefits that can significantly impact the outcome of your case, including: Legal Guidance: A personal injury lawyer has a wealth of knowledge and experience in navigating complex legal procedures and documents related to your case. Maximized Compensation: Attorneys are skilled negotiators who will help you pursue the compensation you may be entitled to for your injuries, loss of income, and other related expenses. Efficient Case Management: Hiring a personal injury lawyer relieves you of the stress of dealing with various parties involved in your cases, such as courts, insurance companies, and medical practitioners. No-Win, No-Fee Services: Most personal injury attorneys use a contingency fee*, meaning they only get paid if they win your case. This ensures your lawyer is motivated to secure the best outcome for you. HawkLaw has a long history of providing personal injury legal services to our clients in Greenville County. Our knowledgeable attorneys have a combined experience of more than 100 years practicing law. The attorney-client relationship is important to us, and in every case, we fight to win! You can rest assured when you work with HawkLaw, our legal team will advocate for you and stand by your side every step of the way. Client Testimonials At HawkLaw, we take pride in providing high levels of customer service to every claimant in every case. The testimonials we receive demonstrate our consistent and unwavering commitment to our clients and to getting them the results they deserve. Results To date, our law firm has recovered over $200 million* for our clients. Here are some examples of our results: $3,000,000* for a trucking accident case $200,000* for a drunk driving case $575,000* in a reckless driving case $155,000* in a workers’ compensation case Every case is different, and we'll carefully calculate your economic and non-economic damages to come up with a fair claim to pursue. What Is a Personal Injury Claim?   A personal injury claim is a legal action taken by someone who has suffered harm due to another's negligence or intentional wrongdoing. This type of claim seeks compensation for the injuries and losses sustained. For example, if you're injured in a car accident caused by another driver's reckless behavior, or if you slip and fall due to unmarked hazards in a store, these situations could lead to a personal injury claim. Central to these claims is the concept of "duty of care." This legal term refers to the responsibility one has to avoid causing harm to others. When someone breaches this duty—whether it's a driver on the road, a property owner, or a manufacturer of a defective product—they can be held liable for the damages caused. The goal of a personal injury claim is not just to secure financial recovery for the victim, but to acknowledge the wrongdoing and, in some cases, prevent future negligence. It's about holding parties accountable for their actions and ensuring that victims are compensated for their physical injuries, emotional distress, and financial losses resulting from the incident. Types of Personal Injury Claims Personal injury claims encompass a wide array of incidents, each with unique challenges and legal considerations. Understanding the types of claims can help you recognize when you might have a viable case. Common personal injury claims include: Truck Accidents: If you’ve been in a truck accident, you may have suffered severe injuries due to the sheer size and weight of the vehicle. These claims can be complicated because they often involve both federal and state laws governing the trucking industry. Other Motor Vehicle Accidents: If you’ve suffered from a car, motorcycle, bicycle, or pedestrian accident, you may have a case for compensation. These accidents often happen because of negligence, such as speeding, distracted driving, or failure to yield. Work-Related Injuries: Some work injuries aren’t covered by workers’ compensation, leaving you in a tough spot. You may need to sue your employer for the damages you have suffered, which may be intimidating without help. Dog Attacks: Pets aren’t always man’s best friend. If you were attacked by an unprovoked dog, you will need to fight back and sue the owner for your suffering. They are liable for their dog’s actions, so do not hesitate to fight for your compensation. Dangerous and Defective Products: In some cases, an injury may come from a product defect. Whether your toaster caught fire or your airbag didn’t deploy properly, you’re now injured and suffering. Fortunately, you’ll have a chance to fight back when a product injures you under product liability law. South Carolina Personal Injury Laws | Applicability in Greenville Injury Cases You may have acted in time to secure your claim, but that does not guarantee the full compensation you deserve. Instead, you’ll need to act in time and protect yourself from accusations of fault. South Carolina recognizes comparative negligence, which means that you might be held partly responsible for the accident. If you’re found partly at fault, your compensation will be reduced by that amount. If you’re more than 50 percent at fault, your claim will be dismissed. For example, let’s say you were on government property when you slipped and fell, but you were on the phone during the accident. You might be found responsible for 10 percent of the accident, which means you will receive 90 percent of your compensation. While you will still be able to recover some damages in this case, we’ll focus on maximizing the compensation available for your recovery. Unfortunately, getting compensation for your injuries is not as simple as proving that you were injured. Instead, personal injury claims in Greenville must also focus on the South Carolina laws that could get your claim dismissed. If you don’t follow these, you may not receive the full compensation you deserve, so be ready to take action to protect your claim. South Carolina Statute of Limitations Under South Carolina code §15-3-20, most personal injury claims have a time limit of three years, which means you’ll need to move quickly to file your claim after the accident. If you fail to do so, your claim will be dismissed, and you will be ineligible for compensation. That means that if you don’t act quickly enough, you could be left holding the bill for the injuries someone else caused. Be sure that you’re paying attention to the time that’s passed, but also be sure you’re paying attention to all laws affecting your claim. Given these constraints, hiring a personal injury lawyer as soon as possible after your accident is crucial. An attorney can begin gathering evidence, consulting with experts, and building a strong case on your behalf right away. Their guidance not only ensures that your claim is filed within the statutory deadline but also positions you more favorably for securing the compensation you deserve.   How to File a Personal Injury Claim in Greenville, SC Filing a personal injury claim involves several critical steps, starting with a consultation and in some cases ending with a trial or an appeal. This process isn't just a legal journey but also a partnership between you and your attorney. Maintaining open communication with your attorney on matters such as your health or a message you received from another party can greatly influence the trajectory of your claim. Here's what to expect during the personal injury claims process: Initial consultation: Your first step should be to schedule a consultation with a Greenville personal injury lawyer. This meeting allows your attorney to assess the merits of your case and provide you with an understanding of the legal path forward. Investigation: If the attorney determines you have a good case, they'll proceed to gather all necessary evidence related to it. This may include police reports, medical records, witness statements, and any other documentation that can support your claim. Settlement demand letter: Before officially filing a lawsuit, your lawyer might opt to send a settlement demand letter to the opposing party, outlining the damages you are seeking. This often opens the door to settlement negotiations. Lawsuit filing: If a settlement is not reached, your lawyer will file a personal injury lawsuit on your behalf. This step formally starts the legal process in the court system. Pre-trial: After filing, there are numerous pre-trial steps, including discovery, where both sides exchange information to resolve or narrow down issues before trial. Trial: Most personal injury cases settle before trial, but if yours proceeds to court, your attorney will present it to seek a favorable verdict. Throughout this process, negotiations can continue in hopes of reaching a settlement before the trial ends. Appeal (if unsuccessful): You and your attorney can consider filing an appeal, which may lead to a higher court reviewing the decision. It depends on the exact circumstances of your case. Each of these steps requires meticulous attention to detail and a deep understanding of the legal process, emphasizing the importance of having an experienced personal injury lawyer by your side. At HawkLaw, our personal injury lawyers are well-versed in these intricate procedures and dedicated to guiding you every step of the way. We fight for the compensation you deserve, while you focus on your recovery. How Many Personal Injury Cases Go to Trial? Statistically, only a small percentage of personal injury cases go to trial. This is largely because mutually agreeable settlements are often negotiated successfully outside of court. However, it's still important to prepare for the possibility of a trial. A trial involves presenting evidence, witness testimony, and legal arguments before a judge or jury. The process is complex and can be lengthy, highlighting the importance of having an attorney who understands how to navigate trial proceedings effectively. Preparation ensures that you and your attorney are ready to present the strongest case possible. How Are Damages Calculated in Personal Injury Cases? Once your Greenville, South Carolina lawyer has discussed what laws you’ll need to remember for your unique claim, you’ll need to know what that claim is worth. There are different types of compensation to pursue in a personal injury claim. Economic Damages First, you can seek to pursue economic damages. These damages cover the financial losses you have suffered, which can be calculated by adding up the expenses you’ve accumulated. Your lawyer will also find the future costs if, for example, you need to return to the hospital for treatment or other care. These damages include any of the following: Current and future medical costs Current and future lost wages Property damages, including loss of use of property Loss of services Diminished value of property Non-Economic Damages Your non-economic damages, however, aren’t so simple. These damages cover the emotional and mental losses you’ve suffered because of the accident, which can also impact your life. Unfortunately, they’re also intangible, which means you cannot effectively calculate these on your own. Instead, speak to your Greenville personal injury lawyer about the worth of the following damages, among others: Emotional or mental trauma Loss of enjoyment of life Pain and suffering Mental anguish Disfigurement or loss of body member Punitive Damages Punitive damages are a special type of compensation used in personal injury cases. This is money paid to an injury victim in addition to the compensation. The goal of punitive damages is to punish the defendant if serious wrongdoing is part of the case. In South Carolina, injury victims must have clear and convincing evidence that “willful, wanton, or reckless conduct” of the at-fault party occurred. Also, the legal team can ask for punitive damages, but they cannot state how much they believe they should be. The amount will be based on the Noneconomic Damage Awards Statute, which lists many factors that the court will consider. During your free case evaluation,* your lawyer may offer thoughts on how much this might be, but only the jury can put a dollar amount on it. Calculating Damages in Wrongful Death Claims Wrongful death has some of the same types of damages as any other personal injury case, such as pain and suffering, but it has some unique categories as well. These include: Cost of Medical Care Before someone involved in an accident dies, medical teams often provide care to try to keep death from occurring. This care leaves behind costs for the victim’s family, and those costs should be part of the payment when seeking maximum compensation for the accident. Funeral and Burial Costs An unexpected funeral and burial can lead to thousands of dollars of costs that a family was not prepared to cover. Seeking legal services during this time can protect you from these unwanted costs during an already stressful time. Loss of Companionship and Protection When someone dies, the loss of companionship is felt deeply. Many verdicts in wrongful death cases cover payment for this emotional suffering, even though you may not be able to put a price tag on the loss of companionship. If the person had a protecting role in their family, such as in the loss of a parent, that also is part of the compensation. Pain and Suffering General pain and suffering of the surviving family members is another category in a wrongful death case. Again, putting a dollar value on this is not easy, which is why you will want to work with a qualified South Carolina law office that focuses on this practice area. Common Accident Injuries After your accident, you might not be thinking about a lawsuit. Instead, you are focused on your pain and the cost of your time at the hospital. Sadly, this situation can leave you struggling to overcome your accident. A serious accident comes with serious injuries, and you’ll need to keep track of the injuries you’ve suffered. By doing so, you will have a better idea of their impact. You need to know how much they cost, how much of an impact they have had on your life, and how much pain you have suffered. Your injuries will matter, so if you have not been keeping up with all of your medical details, it’s important to begin now. Personal injury cases involve various types of injuries. Your lawyer can help you use that information when you have suffered a severe injury, such as the following: Traumatic brain injury (TBI): TBIs can be caused by a forceful blow or jolt to the head. The severity of a TBI can range from a concussion to lifelong problems with thinking, speech, movement, and emotions. Back injury: Back injuries can be caused by slips, falls, and vehicle accidents. They range from strained muscles to herniated discs, leading to chronic pain and mobility issues that may hinder an individual's ability to work or perform daily tasks. Whiplash: This neck injury is frequently associated with rear-end vehicle collisions and includes symptoms like neck pain, stiffness, and headaches. It can disrupt daily life and might require prolonged treatment. Broken bones: Fractures can occur in any accident, from falls to sports injuries. The recovery process may involve surgery, physical therapy, and time away from work, with some fractures leading to long-term complications or disability. Burn injuries: Burns can be caused by fire, chemicals, electricity, or hot surfaces and liquids. Severe cases may result in scarring, disfigurement, and emotional trauma, significantly impacting a victim's quality of life. Spine and neck injury: Injuries to the spine and neck can have devastating effects, including chronic pain and, in severe cases, paralysis. Such injuries require extensive medical treatment and can drastically alter one’s lifestyle. Spinal cord injury: Damage to the spinal cord can disrupt communication between the brain and parts of the body, potentially leading to partial or complete paralysis. The impact of a spinal cord injury is life-changing, requiring adaptive technologies and ongoing care. Paralysis: Paralysis, whether partial or complete, is a possible outcome of severe injuries, especially those affecting the spinal cord or brain. It represents a significant life alteration, often necessitating comprehensive medical, personal, and legal support to manage. Hurt in Greenville? HawkLaw Personal Injury Attorneys Can Help You Secure Fair Compensation Dealing with a personal injury claim is difficult, and if you’re not careful, your claim could be dismissed. You are already dealing with enough after a vehicle accident or other injury-causing accident, and worrying about the legal side of things is stress you do not need. If you’re struggling to recover, you need a lawyer from HawkLaw, P.A. to help you fight back and get the full compensation you deserve. If you need help and are unsure where to start, reach out to our Greenville personal injury attorneys. Our free consults* can help you understand what your claim needs and why our lawyers can help. We can help you get your bearings and start as soon as possible. We often work on a contingency fee basis for personal injury claims, which means you don’t pay unless we win.* We proudly serve much of Upstate South Carolina, including Anderson, Columbia, Laurens, and Pickens from our Greenville law office. Ready to get going on your claim? Reach out to a Greenville personal injury lawyer. Take advantage of our free consultations* by calling our firm at 888.HAWK.LAW or by filling out our online contact form below. Disclaimer: None of the information presented on this page is a substitute for legal representation from a qualified law firm. It should not be taken as legal advice. ### Personal Injury Lawyer Columbia Personal injuries happen in many ways and, unfortunately, are all too common. According to information shared by the U.S. Centers for Disease Control and Prevention (CDC), every year 57.5 million people visit a doctor’s office to be treated for injuries, and 37.9 million visit an emergency room. Tragically, injuries also cause more than 278,000 deaths per year. There is always a chance you or a loved one could end up hurt in a serious accident. You might slip and fall, be in a car accident, or suffer because a product malfunctioned. Sadly, many accidents are preventable but are caused due to negligence or recklessness. When other people are not careful, they can cause serious injuries that make it difficult for you to lead your normal life. You end up paying for their mistakes, and it's tough to recover mentally, physically, and financially. Fortunately, you can do something about it. What can you do if you are injured and it was not your fault? Fortunately, you can take action. When you are injured due to the carelessness or poor decisions of someone else, reach out to HawkLaw, P.A., your personal injury lawyer in Columbia, South Carolina, at 888.HAWK.LAW or use our contact page today. The dedicated team at our law office has years of experience and will offer you sound legal advice to help you get justice and win the compensation you deserve. Common Personal Injury Case Claims Your Columbia injury attorney’s first step will be determining the type of claim you're dealing with. Because different claims are affected by different laws, knowing what type of claim you're dealing with will help you prepare for what’s to come. For example, let's say you were bitten by a dog. While some relevant laws are more general, like the statute of limitations for a personal injury, you'll also be dealing with determining liability for the dog’s actions. You’ll need to determine whether the dog’s owner is liable, and that will involve an understanding of South Carolina’s dog bite statute. That’s the kind of understanding a lawyer will have. Not sure where on the spectrum your case falls? See the list of common case types below or call a personal injury lawyer in Columbia to discuss your claim: Motor Vehicle Accidents Car, truck, and motorcycle accidents can lead to especially serious injuries. An attorney can help you navigate South Carolina’s “fault” system to get the settlement or compensation you need from the person responsible for your collision. Premises Liability Premises liability is often referred to as “slip-and-fall accidents”. You might have slipped and fallen on someone else’s property because the property owner did not fix a hazard or properly warn you. When this occurs, you may be eligible for compensation from the negligent property owner. Medical Malpractice We trust doctors to take care of our health, but what if a medical professional left you badly injured or in poorer health than before? Types of severe and permanent injuries include brain injuries, birth injuries, spinal cord injuries, and nursing home abuse, to name a few. If this happens, a medical malpractice case can be filed. Dog Bites Dog owners in South Carolina are liable for dog bites even if they did not know their pet would attack or bite; these injuries fall under South Carolina’s “strict liability” law, making owners responsible for their dogs. Work Accidents Every year approximately 3 million nonfatal workplace accidents occur in the United States. Injuries caused by slips, trips, falls, equipment issues, overexertion, and bodily reaction are the most common and account for 84% of nonfatal workplace injuries and approximately 5,300 workplace fatalities. If injured from one of the above or another type of injury, it is important to seek medical treatment right away, and then consult with an attorney who has strong legal experience in these matters. Slip-and-Fall Accidents You might have slipped and fallen on someone else's property because the property owner didn't fix the hazard or properly warn you. When this happens, you may be eligible for compensation from the negligent property owner. Medical Malpractice We trust our doctors to take care of our health, but what if a medical professional left you badly injured or sicker than before? Medical malpractice can be difficult to prove, but with an injury lawyer in Columbia on your side, you can win the full compensation you deserve. What Is Catastrophic Injury? A catastrophic injury is when an accident causes such severe injuries the victim is no longer able to work and suffers permanent injuries that impact their functional capabilities. Examples include life-changing injuries such as loss of limb, inability to walk, brain injuries, spinal cord, and other injuries that impact an individual’s mobility or cognitive abilities. Many catastrophic injuries involve high medical expenses, long-term rehabilitation, the need for medical devices, and taking medications. This also includes the loss of income. How South Carolina Law Will Affect Your Claim Each accident type will fall under different laws that will change how you approach your claim. But all of these claim types fall under the umbrella of personal injury, and these claims will have general statutes that apply more broadly to them. While your personal injury attorney in Columbia will go over the specific laws that will affect you, you'll also need to pay attention to some more general laws that could affect your claim. If you don't pay attention to these personal injury laws, your compensation could be reduced or lost completely. Statute of Limitations First, you'll need to focus on how much time you have to file your claim. Each state sets a time limit on how long you can wait before bringing forward your personal injury claim. In South Carolina, you'll need to file your personal injury claim within three years. This might seem like plenty of time to act, but don't hesitate to prepare your claim. When you're dealing with a serious injury, it's easy to lose track of time, get caught up in paperwork, and lose the chance to fight for your compensation. Was Your Injury Due to Negligence? Each accident type will fall under different laws that will change how you approach your claim, but all of these claim types fall under the umbrella of personal injury. For personal injury cases, all of the following elements are required in order to recover for a personal injury claim: Duty: The existence of a certain duty. For instance, if the individual has a certain obligation to the person, this would qualify as duty. Breach of Duty: The defendant failed to act in their duty, or in other words, the manner expected (e.g., a doctor breached the standard of care towards a patient). Causation: If not for the defendant's actions, the injury could have been prevented. Damages: The actual harm caused by the defendant's decision, action, or behavior that led to the injury. For example, let's say you were in an auto wreck. The other person swerved into your lane, but you were talking on the phone at the time. The at-fault driver might argue that you were partially negligent by talking on the phone, and your compensation could be reduced by the percentage of fault you're found responsible for. Even if the percentage doesn't seem significant, it can affect your recovery. Let's say you're found 15 percent at fault for the above accident, and you should have received $100,000 in compensation. You'll only receive 85 percent of that, or $85,000. This means thousands of dollars that should have gone toward your recovery will no longer be yours. This makes it even more difficult to recover, and it's why we advise clients against making any statements about fault. If you're concerned that the other side may claim you were responsible for your injuries, call an injury attorney in Columbia before you file your claim. If you or a loved one suffer from an injury caused by an auto accident, trucking accident, work accident, dog bite, medical malpractice, boating accident in South Carolina, or another type of incident, it is important to speak with a qualified personal injury lawyer as soon as possible, even if you think you might be to blame. Realistically, there could be unknown factors of which you were not aware that caused the accident. A skilled attorney can perform a case evaluation to determine if any unknown factors were present at the time of the accident that involved another party’s negligence (e.g. DUI, faulty equipment, premise liability, to name a few). What Steps Should You Take Immediately After Your Injury? After an accident occurs, it is vital to contact local authorities (e.g. motor vehicle accidents or other events/crimes that merit law enforcement involvement), along with getting an evaluation by a medical professional as soon as possible, even if you do not feel injured. It is important to be evaluated so if emerging symptoms appear in the future, there will be early documentation. Promptly gather documentation at the time of the accident. If you are unable to do so, see if someone else can take photos (needed for insurance purposes), collect witness information, and assemble any other important factors that could be associated with a personal injury claim that may help support receiving a verdict in your favor. Next, consult with a HawkLaw attorney right away. South Carolina has a three-year statute of limitations for personal injury claims.  This might seem like plenty of time to act, but do not hesitate to prepare your claim. When you are dealing with a serious injury, it is easy to lose track of time, get caught up in paperwork, and lose the chance to fight for your compensation. However, even if three years have passed, do not hesitate to speak to one of our knowledgeable attorneys since there may be exceptions to this rule; you may meet the criteria to still file. Compensation You Could Win Compensation from a personal injury claim can help you and your family to cope with the financial constraints the injury caused. Financial awards also help pay for current and future medical bills, lost income, pain and suffering, loss of household services, loss of enjoyment of life, loss of consortium, emotional trauma, and property damage. To file a claim, you will need to determine which laws will affect you and who is responsible for your injuries. However, you may question how much those injuries are worth. Unfortunately, this is tough to calculate alone. You may need to estimate the value of future economic losses, and intangible losses can be challenging to determine accurately. That is why you will need to contact a Columbia personal injury attorney about your case. An accident lawyer from our firm will have the tools to identify your economic and non-economic damages and determine their worth. Damages such as emotional pain and suffering do not have a price tag like lost wages and medical bills do, but you should be compensated when the trauma you have suffered affects the way you live. For example, if you struggle with anxiety related to your accident, you can include these non-economic damages in your claim for compensation. When preparing to file your Columbia personal injury claim, consider whether you suffered any additional damages and speak to your HawkLaw lawyer about what they might be worth. Let Us Deal With the Insurance Companies Insurance companies, even your own, are not looking out for your best interests. Unfortunately, it is common for them to either minimize or eliminate blame, make lowball settlement offers, or even try to dismiss the gravity of the injury altogether. If you suffered a workplace injury, workers’ compensation can also be tricky to navigate, since they, too, may try to undermine injuries. Victims should never speak to insurance companies or answer their questions alone. Always let the communications go through an experienced HawkLaw personal injury attorney. Lawyers provide protection from being taken advantage of—companies will often frame questions to make it appear that you are to blame so they can absolve themselves of responsibility. Personal Injury Legal Representation in Columbia, South Carolina When you have suffered a serious injury or wrongful death, the amount of suffering can be immeasurable. Recovery can feel nearly impossible. Even worse, if the accident was due to another person’s negligence, but you and your family are left behind suffering immense losses, it is easy to feel hopeless. Fortunately, you can get the compensation you are due by calling a Columbia injury lawyer for help with your personal injury case. Talk To An Experienced Columbia Personal Injury Lawyer at HawkLaw Do not let the at-fault party get away with causing your suffering or allow insurance companies to pay less than they should. Instead, reach out to HawkLaw, P.A. to speak with an attorney who can fight back when you are struggling with serious injuries—someone who can help you determine your case type and what your claim is worth before you file. HawkLaw offers years of experience in many different personal injury practice areas and will stand by your side every step of the way. We have offices in Charleston, Columbia, Greenville, and Spartanburg. To request a free consultation* from our personal injury law firm, call us today at 888.HAWK.LAW or complete the online contact form to speak with an experienced personal injury lawyer at HawkLaw today. ### Personal Injury Lawyers in Charleston No matter where you are or what you’re doing, an accident can happen and leave you with painful injuries. The costs of these injuries add up quickly, putting you deep in debt and sometimes without work. When an accident happens, you could find yourself injured and losing funds without income to repair that financial damage. It’s a painful position, and worse, many Charleston injury victims aren’t the ones responsible for their own accidents. Someone else was reckless with your safety, and now they don’t want to pay for the damage they caused. If this has happened to you, reach out to HawkLaw, P.A. A Charleston personal injury lawyer from our firm will understand how traumatic and costly your injuries have been. With our injury lawyers on your side, you can expect results. Call 888.HAWK.LAW or use our contact page today.   Accidents That Warrant A Personal Injury Claim After your injury, we’ll first determine the type of claim you’re dealing with. While personal injury laws will affect all cases under that umbrella, each claim type is unique and has different considerations. For example, a car accident will involve different insurance rules and evidence than a medical malpractice claim. You and your personal injury lawyer in Charleston will review your claim type first. Your claim might involve any of the following: Vehicle Accidents – A car crash, motorcycle accident, or truck collision can be a devastating and confusing life event. A lawyer can sort through the mess so that you get a full settlement from your insurer—or fight back if they refuse to pay. Defective Products – We trust the products we use every day to be safe and reliable. Some, however, might injure us even when used correctly. Your lawyer can help you properly determine product liability, whether the issue involved a problem with labeling, design, or manufacturing. Medical Malpractice – When doctors make mistakes, the results can be deadly. Even so, when are you dealing with actual medical negligence? Because malpractice can be difficult to prove, it often takes a lawyer to file a winning medical malpractice claim. Many other accident types can lead to personal injury claims. If you’ve been hurt and someone else was at fault, chances are you have a viable claim on your hands. Schedule a Free Consultation* Send a Message 888-429-5529 What Are the Most Common Types of Personal Injury in Charleston, South Carolina? Personal injuries most often result from the following types of accidents in Charleston: Motor Vehicle Accidents: Car, motorcycle, and truck accidents are responsible for a substantial amount of serious, or even catastrophic injuries, including spinal cord injuries, brain injuries, and wrongful death. Slip-and-Fall Accidents: Property owners have a duty to keep their premises safe for visitors and establish a visible disclaimer if conditions are unsafe. When someone slips or trips because of an unsafe condition, the property owner could be liable for damages under a law called premises liability. Slip-and-fall injuries can range in severity from sprains and broken bones to severe head and neck injuries. Medical Malpractice: Doctors and other medical professionals have a particularly strict duty to provide competent care to their patients. Failure to meet this standard can result in serious injuries or death. In some instances, nursing home abuse can also result in a personal injury case. Dog Bites: Dogs are beloved companions, but their owners have a responsibility to provide them with care and training to prevent injuries to others. Dog bite injuries can be serious, especially for children and seniors. How Likely Am I to Suffer From an Accident in Charleston? Auto accidents make up the largest share of total personal injury cases and settlement amounts. According to the Centers for Disease Control and Prevention (CDC), fatal car accidents result in annual costs of over $1.05 billion nationwide. That figure includes more than $10 million in medical expenses and over $1 billion in lost work productivity. Driver error is the leading cause of auto accidents in South Carolina and other states, although numerous other factors may also contribute. The South Carolina Department of Public Safety has reported that more than 133,600 traffic collisions, 941 of them fatal, happened in 2016. State police attributed almost 85 percent of those crashes to driver error. Other personal injury cases are less common, but accidents still happen far too often. Slip-and-fall injuries are not easy to track, since they do not always result in police reports. They may occur on wet floors, such as during maintenance, or when a surface is uneven or broken. Damages In Charleston SC Personal Injury Claims Before you’re ready to file, you’ll need to know more than just your claim type. You’ll also need to know the types of damages you could seek and what they’re worth. Your lawyer can help you calculate the monetary value of every damage you’ve suffered because of someone else’s negligence. One of the first types of damage you’ll encounter is economic damage. These cover the damages to your property and yourself that cost you financially. For example, a car crash victim might seek damages for their property damage, medical bills, and lost wages if they were not able to return to work for some time. Non-economic damages, however, account for the non-financial losses. For example, if you were assaulted, you might seek damages for your medical bills, but you were traumatized, as well. You should be compensated for your loss of enjoyment of life, your pain and suffering, and your emotional trauma. These can be difficult to calculate, however, so it’s helpful to team up with a Charleston injury attorney when calculating intangible losses.  We have the resources and experience to determine the value of your losses. South Carolina Laws That Can Affect Your Injury Claim Unfortunately, filing a successful injury claim in Charleston requires more than knowing your claim’s value. Before you file, make sure your claim isn’t in danger because of South Carolina’s complex laws. Speak to your lawyer not just about claim-specific laws, but about the general state laws that could affect your claim. For example, make sure that you’re acting within the time limits for a personal injury claim. In South Carolina, you’ll generally need to file your claim within three years. If you don’t act in time, you’ll likely be barred from recovery, and your claim will be dismissed. This leaves you without any of the compensation you need and deserve. Unfortunately, the statute of limitations is not the only law that could endanger your claim. If you were partly responsible for your accident, you could lose part of your compensation for your actions. If you’re found more than 50 percent at fault for the accident, however, you could lose your compensation completely. For example, let’s say you were walking through a store, and they didn’t put out a “Wet Floor” sign near a spill. You slipped and fell, but you were also texting while you were walking. While the store should have warned customers, you might be found to hold 30 percent of the responsibility for the accident. That would mean that you would only receive 70 percent of your awarded compensation. What Exactly is Negligence? Negligence is a legal doctrine that allows people to seek compensation for injuries suffered in an accident. The law requires everyone to behave reasonably and take reasonable precautions to avoid causing harm to others. Negligence is the basis of any injury claim that does not involve an intentional act, such as assault. The Charleston personal injury lawyers at our law firm can help you assert a negligence claim to recover damages for your injuries. In order to prove that a defendant was negligent, a plaintiff must prove all of the following factors: Duty: The defendant owed a duty of care towards the plaintiff, or towards the general public. A driver, for example, owes a duty to all drivers, cyclists, pedestrians, and others to drive safely. Breach: The defendant breached their duty of care, such as by driving recklessly or while impaired by alcohol. Causation: The defendant’s conduct caused harm to the plaintiff. Foreseeability: The harm was a reasonably foreseeable result of the defendant’s conduct, also known as “proximate cause.” Damages/harm: The plaintiff suffered measurable damages, such as medical costs, lost wages, and property damage. The plaintiff must prove each of these factors by a “preponderance of the evidence.” If the case were to go to trial — which is very rare — they would have to convince a judge or jury that each of the five elements of negligence is more likely than not to be true. As discussed previously, South Carolina uses a “comparative negligence” system that allows a plaintiff to recover damages even if they were partially at fault for their injuries. A major advantage of legal representation is that personal injury lawyers can help you maximize the amount of damages awarded to you and minimize the amount of fault attributed to you. Charleston Personal Injury FAQ While the above laws and statutes can give you some idea of what you can expect during your claim, every case is different. That means you might still have a few questions for us. Fortunately, we can answer those. See the following FAQ for help, or simply reach out to our firm to have all of your questions answered by a personal injury attorney. Can I Seek Punitive Damages? In more extreme cases, you might choose to seek punitive damages in your Charleston personal injury claim. These damages are not meant to compensate you, however. They’re meant to punish the wrongdoer for their extreme or malicious actions. These damages are capped, but they can significantly increase the value of your claim. Are There Limits To Damages In Personal Injury Claims? Unfortunately, you might have some limits on your personal injury damages. For example, if you’ve suffered because of medical malpractice, you are limited to $350,000 in non-economic damages for each defendant, with an overall cap of $1.05 million. Punitive damages will stop at $500,000 or three times your compensation—whichever is larger. I Was The Victim Of A Crime. Can I File An Injury Claim? Absolutely. The criminal trial is meant only to punish the wrongdoer—not to compensate you. If you’ve been injured or traumatized by their actions, you deserve compensation to help you recover. Speak to a lawyer about filing a personal injury claim related to a criminal act. Speak With A Charleston Personal Injury Attorney Dealing with the aftermath of an accident is tough—no matter what your financial situation is. You’re dealing with severe injuries, financial losses, and mental trauma that can haunt you for years. If you want to recover compensation, you’ll likely need to file an injury claim against the person responsible. Unfortunately, this, too, can be overwhelming. The legal process can be complicated and daunting. You might not be familiar with personal injury laws in South Carolina, leaving you confused and more likely to make a mistake. Unfortunately, a mistake in your case could cost you your compensation. That’s why you need to contact a lawyer from HawkLaw, P.A. before you begin. Our legal team has over 20 years of experience in the Charleston area helping people like you get the compensation they deserve from their insurance company. Personal injury is one of our largest practice areas across all of our law offices. Our dedicated lawyers will clarify all of your legal options so you do not deal with an injury alone. Our testimonials and accolades show that HawkLaw consistently fights for our clients. Our attorneys understand the position you’re in and want to help you overcome your injuries. You can benefit from the experience and knowledge our attorneys can provide, as well as the personal attention we’ll give you. Our lawyers want to see your claim succeed. We can guide you through the complex factual and legal issues in your case. From your initial free consultation* with our attorneys to the final verdict, we’ll fight hard for your compensation. If you’re struggling with a serious injury and someone else is responsible, reach out to a Charleston personal injury lawyer. HawkLaw can provide you or a loved one with dependable and respectable legal advice and representation. Give our firm a call at 1-888-HAWK-LAW (429-5529) or use our contact page. ### Broken Bone Lawyer Charleston A broken bone may not seem like a big deal to a lot of kids, but to an adult, such an injury can mean extreme pain and limited mobility. After a bone fracture that was someone else’s fault, a lawyer from HawkLaw, PA can help you file a personal injury lawsuit to recover compensation. A Charleston broken bone lawyer can help you seek compensation when you’re seriously injured. Who Can I Sue for a Bone Fracture in Charleston? When you’re suffering from a broken bone, your first step to getting compensated is identifying the at-fault party. But you may run into one big problem: Who exactly the at-fault party is depends on the details of your broken bone case. For example, you might have been struck by a car while on a walk. The driver who hit you should be held accountable, right? It’s not always that simple. That driver might have been on the clock, meaning they were at work, and they may be their employer’s legal responsibility. What if you broke your leg during a fall because of slippery ground or flooring or a loose stair? In these cases, it may depend on who owns the property. Property owners, like landlords and store owners, are responsible for ensuring their premises are safe and secure for visitors. You may even need to file a lawsuit against the government if you fell on government-owned property in Charleston, South Carolina. Compensation or Charleston Broken Bone Victims Even if you’re sure you know who’s financially liable for your injuries, you’re only dealing with half the story. You also need to know what compensation you’re due for those injuries. If you don’t seek out that information now, it can be difficult to get the maximum compensation for your claim. You may be owed compensation for both economic and non-economic damages. Economic damages—financial losses caused by the accident—should cover all your monetary costs, such as medical care or lost income. These damages should be added up and included in your compensation. But don’t forget your non-economic damages, which may be more difficult to calculate. Calculating these damages, like pain or emotional trauma, may require special tools your broken bone lawyer in Charleston can provide. These damages are calculated based on the severity of your suffering and the impact they have had on your life. Speak with a Broken Bone Lawyer in Charleston Dealing with a broken bone is a painful experience. You may not have much mental energy left for your broken bone lawsuit. The good news is that your lawyer at HawkLaw, PA is ready to help. We offer free consultations* so you can talk to a Charleston broken bone lawyer before you file a claim. Call 1-888-HAWK-LAW (429-5529). ### DUI Accident Lawyer Charleston This is considerably higher than the national average, which was 31% percent in that year, and is a big concern. Getting behind the wheel after consuming alcohol or drugs is dangerous. Even if the driver was under the legal blood alcohol limit of 0.08%, he/she could face civil and criminal charges for causing an accident while under the influence. If the driver who caused your recent crash was intoxicated, you need help from a reliable team of Charleston DUI accident lawyers. HawkLaw, located in Mount Pleasant and throughout South Carolina, has experience representing victims in drunk and driving under the influence (DUI) accident claims and wants to hear from you after an alcohol-related collision. Liability for DUI Accidents in South Carolina In most DUI accidents cases, victims can hold the driver responsible for damages such as medical bills, hospital stays, lost wages, and pain and suffering. Chemical tests and field sobriety tests can serve as proof of the driver’s intoxication from alcohol or drugs, as can testimony from the arresting officer and video footage of the driver and the traffic stop. Interviews with eyewitnesses may also serve as evidence – if someone saw the driver swerving, breaking roadway rules, or drinking prior to driving. The at-fault driver’s insurance company may try to settle your claim without a trial, but this isn’t always the best route for accident victims. Settling with an insurance company often results in less compensation than you could receive in a personal injury claim. In a case involving a drunk driver, you could file a negligence and a criminal claim against the defendant simultaneously. On top of a criminal conviction and sentencing, the driver would also have to pay the amount the courts awarded injured accident victims or the family members of those who died in the accident. Speak to a Charleston DUI accident lawyer to discuss insurance settlements versus personal injury claims. The most obvious defendant in a DUI crash claim is the drunk driver. However, there may also be a third party responsible for the accident. South Carolina’s dram shop laws make it possible to file a claim against the shop or individual who provided the alcohol to the drunk driver in certain situations. To be liable under dram shop laws, an entity must have sold or distributed the alcohol when it was “reasonably foreseeable” that the person would drive drunk and potentially cause an accident. If the driver was under the legal drinking age of 21, the plaintiff could also file a claim against a social host, if said host knew or should have known the drinker was underage. How to File a Claim After a DUI Accident Proving fault for a DUI accident takes four main elements. First, you must show the defendant owed you a duty of care. This is easy since all drivers have the duty to prevent harm to others on the roadway. Second, that the defendant breached this duty. If the driver was operating the vehicle after drinking or taking drugs, this is a breach of duty. Third, the breach caused the accident. For example, a driver was intoxicated at the time of the crash, but a malfunctioning traffic light caused the crash, you would likely have a case against the party responsible for the light, not the driver. Fourth, you sustained damages because of the crash. This includes property damage, personal injury, and financial losses. In South Carolina, you have three years to bring a claim. The clock starts ticking either on the date of the accident or the date you discovered your accident-related injuries. The sooner you file, the sooner you can move on from a devastating DUI accident. Seek Council from Our Charleston DUI Accident Attorneys If you were injured in a car accident with a suspected drunk or drugged driver in Charleston, we want to hear from you! We recommend talking to an DUI accident lawyer from our Charleston office as soon as possible after seeking medical attention for injuries. At HawkLaw, we offer confidential, free consultations* after a DUI Accident in Charleston or Mt. Pleasant. You can explain what happened and hear your legal options. Call (888) HAWKLAW to get in touch with our local attorneys in Charleston and throughout South Carolina today! ### Dog Bite Lawyer Greenville Dogs may be a common sight around Greenville, but that doesn’t mean they’re all friendly. Some dogs may seem friendly—but that was before you were attacked and bitten by one. Your attorney at HawkLaw, PA understands just how painful and difficult that can be to overcome. If you’ve been bitten by a dog and you’re worried about the costs of your losses, reach out for a Greenville dog bite lawyer for help filing a personal injury claim. Medical Care for Greenville Dog Bites When you’re bitten by a dog, one of your first steps should be to seek medical care as soon as possible. Dog bites may not sound so severe, especially with smaller dog breeds such as Chihuahuas, but they can pack a nasty punch. For example, their teeth can leave deep punctures, which can be difficult to clean. Often, that leads to infections that can do a lot of damage if not properly cleaned. That means you could end up in a Greenville hospital for some time while recovering from, not just the puncture wounds and broken bones, but from infections that can spread due to the bite. Who’s at Fault for my Greenville Dog Bite? The next question is, who’s responsible for your suffering? It can be tough to determine, especially if the dog was off its leash, a stray, or with a minor. Typically, dogs are the responsibility of their owners. Although that makes suing after a stray dog attacks you difficult, you may be able to sue the owners or parents of the owner for the losses you’ve suffered. They’re supposed to ensure the dog doesn’t harm anyone, and if they fail to do that, they can be held accountable. Compensation After a Greenville Dog Bite When you’re hurt in a Greenville dog attack, you may need compensation for the dog bite. You may have suffered a lot, especially because dog bites can turn deadly. Because of this, you need compensation that covers your economic and non-economic losses following the dog bite. Your economic damages should cover all the costs for your physical and financial recovery. That includes medical bills, lost wages, and loss of earning potential for your injuries. Your non-economic damages cover all mental and emotional suffering you’ve experienced because of your injuries. These losses may be less obvious, though, so reach out for help calculating these losses. Contact a Greenville Dog Bite Attorney for Help When you’re hurt because someone didn’t keep their dog in check, you may need help getting compensation for the suffering you’ve experienced. Your injuries can make it difficult to focus on your losses, which means you may need a lawyer from HawkLaw, PA to help you. If you’re hurt and struggling to get compensation after a dog attacked you, reach out for help from a Greenville dog bite lawyer. Your lawyer can help you take your claim to court, starting with a free consultation,* and get the guidance you need for your financial recovery. When you’re ready to talk to a lawyer, call 1-888-HAWK-LAW (429-5529) or fill out the online contact form below. ### Construction Accident Lawyer Spartanburg Workers are often exposed to dangerous conditions and situations that could lead to a severe injury. Repairing and building structures to be safe for everyone can be dangerous work, which means you may have been severely injured. You may have questions based on your situation, and your Spartanburg construction accident lawyer is here to help. We understand that you’re in a tough place, so seek out help from HawkLaw, PA to get compensated through a Spartanburg personal injury lawsuit. Types of Construction Accidents When you’re injured in a construction accident, the damage can be severe. Construction workers use heavy machinery that can malfunction at a moment’s notice and cause severe injuries. Workers may also be working from a height, which could lead to a severe fall on some Spartanburg construction sites. Here’s a short sample of construction accident types that could lead to a lawsuit: Slip and falls Falls from a height  Vehicle accidents Falling objects Crushing injuries caused by machinery Will My Spartanburg Workers Comp Cover My Losses? If you’re a worker, it can be difficult to get work comp coverage, even if you’ve been working with that company for years. Although most workers are covered by workers comp benefits, you may still have some concerns about getting your compensation. The good news is, South Carolina’s workers comp laws state that you should receive benefits as soon as possible after your loss. The goal is to minimize the amount of time you have to worry about benefits and taking care of your family. Spartanburg Construction Accident Work Comp Denials When your workers comp claim is denied, it can be much more difficult to get the compensation you need for your losses. Many workers even believe that’s the end of their options and stop pursuing benefits. The truth is, a Spartanburg workers comp denial doesn’t mean your claim is done forever. It means you need to talk to a lawyer about next steps. Your Spartanburg construction accident attorney can help you gather evidence that shows you’re due compensation, and they can help you seek that compensation in court. They can also help you if you were a Spartanburg resident passing nearby the construction zone and were hurt by the negligence of a worker. You may have been struck by falling objects, for example, or hit by a vehicle. Your construction accident lawyer will have the tools to help you deal with the aftermath of your injuries. Connect with a Spartanburg Construction Injury Lawyer When you’re hurt in a construction accident, you may need guidance to get compensated fairly for your losses. Your injuries could leave you with severe injuries that could make it impossible to return to work, for example, and you may need that compensation just to feed your family. But, you may have been denied workers comp, or you may struggle to get compensation for your injuries as a passer-by. At HawkLaw, PA, we’re devoted to getting you the compensation you need, whether you’re a worker or just a resident of the city. If you’re hurt, talk to a Spartanburg construction accident lawyer during a free consultation* by calling 1-888-HAWK-LAW (429-5529) or by completing the online contact form below. ### Slip-and-Fall Lawyer Greenville When a property owner fails to make sure that their property is safe for guests, you may be the one paying for their mistakes. One moment, you’re carrying on as usual, but the next? You’re on the ground, and you’re hurt. At HawkLaw, PA, we understand that these accidents can be tough to get over. Fortunately, that’s where a Greenville slip-and-fall lawyer can step in, helping you get compensated for your losses. Who’s Liable for a Greenville Slip-and-Fall Accident? When you’re hurt in a Greenville slip-and-fall accident, it’s important to know who’s responsible for the accident. You’ll need someone to file a claim against before you can file a claim, after all. However, it may not be who you think it would be. You may know it was an employee who failed to place a “wet floor” sign out or make sure to warn you about a loose step. Because of that, it seems they’re the one who caused your injuries. That doesn’t mean they’re financially liable for your losses, though. The liable party is usually the property owner, with exceptions. They’re responsible for making sure they provide a safe place for visitors. If they fail to do so, they could be held liable for your injuries. If you’re not sure who the property owner is, reach out to your slip-and-fall attorney in Greenville for guidance. Compensation for Greenville, SC, Slip-and-Fall Victims When you’re hurt in a slip-and-fall, you’ll need more than a name for the lawsuit. You’ll also need to know what your compensation is worth. If you accept a lowball settlement or forget details for your claim, you could end up with less compensation than you deserve. Your claim should include compensation for both your financial and nonfinancial losses after an accident, also called damages. These damages should include all the bills and costs that accrue following a serious slip-and-fall, but they should also include the intangible losses that affect your quality of life after the injury. If you’ve been hurt in a Greenville slip-and-fall accident, you may be entitled to compensation for your damages, which may include the following: Medical bills Lost wages Pain and suffering Emotional trauma Household services Talk to a Greenville Slip-and-Fall Attorney When you’re hurt in a serious slip-and-fall accident, recovering from your injuries isn’t always so easy. You may be hurt and suffering from severe pain. That’s traumatic enough, and worse, you’re struggling to get compensation from the at-fault party. The lawyers at HawkLaw, PA understand that you may not have the tools necessary for your claim, and you may be struggling to overcome the losses you’ve suffered. Fortunately, your attorney can offer free consultations* for your claim if you’re hurt and struggling to recover compensation. When you’re ready to talk to a Greenville slip-and-fall lawyer, give us a call at 1-888-HAWK-LAW (429-5529) or complete the following online contact form. ### Charleston Child Injury Lawyer Common Types of Injury for Children in Charleston Injuries to children can come from virtually anywhere. Still, if your child does get injured in South Carolina, it is likely one of the following types of injuries. Spinal Cord Injuries Spinal cord injuries can occur when a child suffers a personal injury to their back, which can be quite severe. As the central pathway for the body's nervous system, an injury to the spinal cord could lead to debilitating effects such as paralysis and other severe injuries. Traumatic Brain Injury A traumatic brain injury goes far beyond a superficial head injury, as it could have serious consequences for the rest of your child's life. Fortunately, not all TBIs are so severe, but they all necessitate immediate medical care. However, some of the more severe cases of personal injury to the brain can even lead to wrongful death. Cuts and Bruises Often seen as a right of passage for more active children, cuts and bruises are widespread. While these personal injuries can be somewhat dangerous on their own, the real danger comes with the risk of infection. This is especially true for injuries like dog bites or any kind of animal bite or sting. Broken Bones Sudden impacts can cause broken or fractured bones, and they most commonly occur in the arms since it is reflexive for people to use their arms to break a fall. While children's bones tend to heal well in a cast, there still are some injuries that could limit future bone growth for injury victims. Drowning Drowning is common in South Carolina — children who do not adequately know how to keep themselves safe around bodies of water are at risk. Toddlers most commonly drown in swimming pools and other water features, while infants most often drown in bathtubs. What Are Some of the Causes of Child Injury in Charleston, South Carolina? Child injuries stem from various sources in South Carolina, so you must be wary of quite a bit. Here are a few of the most common causes of a child's injury. Playgrounds Playgrounds can be popular locations for creating great memories, but they can also be the source of personal injuries like falls or broken bones. A lot of work typically goes into making playground equipment as safe as possible in South Carolina, but injuries can still happen at any place where children are more concerned with having fun than anything else. Running Across the Street Looking both ways before crossing the street is one of the most important lessons any parent can impart to their child. When kids are not careful, running across the street could get them involved in a motor vehicle accident that subsequently leads to serious injuries for accident victims, especially in cases of truck accidents. Negligence of Caregiver A major aspect of acting as a caregiver for a child is preventing them from hurting themselves. By failing to meet this expectation, a caregiver like a teacher or daycare worker can be negligent and injure the child indirectly. This can include accidents such as drinking chemicals, electrocution through power outlets, and falls from balconies or down staircases. Even being a passenger in a car crash can qualify as an accident caused by negligence of the at-fault party. Defective Toys Defective products and toys can be much more dangerous than simply threatening a child's opportunity for fun. These kinds of toys can cause some serious injuries as well, depending on the extent of the defect. Pursuing a case against a toy manufacturer will typically go better with help from a Charleston child injury lawyer. Poisoning Poisoning can occur in children from a variety of different sources, but it is most often due to them ingesting something they should not. Depending on the nature of the poison, this kind of injury can range from mildly upsetting to fatal. A Charleston child injury attorney can help you navigate the aftermath. Who Can Sue for a Child Injury in Charleston? When your child is injured in Charleston, South Carolina, determining the liable party is one of the more challenging parts of the recovery process. Depending on your child’s age, they could be held partly responsible for the injuries, such as in a car accident. Still, in many cases, the liable party is an adult who was careless with the child’s safety. For example, let’s say your child was playing with a toy, but a broken mechanism injured them. If the toy was defective, the manufacturer may be held responsible for your child's injuries. If you are unsure who is accountable for your child’s injuries, a South Carolina child injury lawyer can help you seek compensation from the right party. What Happens If My Child is Hurt on Public Property in Charleston? Public property is expected to be maintained to a reasonable level of safety as a form of premises liability, so you may have a case if your child was injured on a public playground that fell apart due to poor maintenance in South Carolina. If you decide to pursue a claim against a public entity, though, that will put you up against a municipality or state government. Those entities will have experienced lawyers on their side, so it is recommended that you get your own legal help, like a personal injury lawyer who has worked with child injuries before. Remember, government lawyers can be just as tough to deal with as lawyers who work for an insurance company, so you will want a Charleston child injury lawyer on your side. Can I Sue a Charleston, South Carolina School for My Child’s Injury? Given how much time children spend in school, schools must provide a safe environment. If that expectation is violated, you can sue the school for your child's personal injury to cover medical expenses and more. Several factors play into how exactly this kind of case will progress, such as whether or not your child attends a public or private school or whether the injury was accidental or intentional. Negligence on the part of school staff can take on many different forms. Your child could be injured from the failure of a school bus driver or the people responsible for seeing that the bus is properly maintained. Kids also may suffer a personal injury on a school playground if they are not properly supervised or the equipment is poorly maintained. Food poisoning can happen in cafeterias that do not practice safe food prep and storage, while falls can happen in slippery walkways. You may even have a case if your child is injured in a natural disaster for which the school was unprepared. You will just need help from an accident attorney. What to Do If a Teacher Hits Your Child? If a teacher hits your child in school, they most likely can be held responsible for violating their duty to protect your children. While certain jurisdictions still allow for physical force in instances of self-defense or defense of others, most scenarios outright prohibit teachers from using physical force against students. If this does occur to your child, your legal options may include suing the teacher individually or potentially the school system with help from a Charleston personal injury attorney with child injuries as one of their practice areas. Our Charleston child injury attorneys are happy to help you and your child. Can You Be Sued If Your Child Hurts Another Child at School? If your child hurts another child at school, you can only typically be sued if the injury was caused intentionally. This is called malicious or wilful harm. Even in these cases, however, South Carolina law limits damages with a cap of $5,000. Additionally, the only damages you can be sued for in these cases are economic damages, which are damages that can be easily calculated, such as medical bills and property damage. A Charleston child injury attorney can help calculate damages. Can My Child Still Attend School After Sustaining a Major Injury? Yes, your child can attend school in Charleston after sustaining a major injury. In fact, they must be permitted to attend school according to section 504 of South Carolina law. Schools cannot legally discriminate against anyone with a disability if they are receiving federal money. That qualifier will apply to every public school and even several private institutions throughout the state. A Charleston child injury lawyer can help if a school violates this law. Compensation for a Charleston, SC Child Injury Fortunately, your child is due compensation for all their losses, no matter their age. Although they’re not old enough to sue, you and your Charleston child injury lawyer can serve as their legal representative. Just like a typical personal injury claim, you can receive compensation for both financial and non-financial damages caused by the accident. These damages should cover not just the economic impact of your child’s injury but also the emotional and psychological effects of an injury. For example, your child may have suffered from serious injuries that call for long-term care. They may even need rehabilitation or household accommodations, such as wheelchair ramps or handrails. The emotional toll can be just as high. Your child is young, and they may be affected for the rest of their life because of the trauma, pain, and suffering they experienced. Talk to your child injury lawyer in Charleston about your options to help your child through this difficult time. Talk to a Charleston Child Injury Attorney If your child has been injured by someone else’s carelessness, you and your child aren’t out of options just because your child isn’t old enough to sue. Your child, however, will need help to overcome their suffering. That’s where a lawyer from HawkLaw can help you. Your child is vulnerable and suffering, and you need someone on your side who understands what you’re going through. We can get you and your child started with a free consultation*, during which we can discuss your options and how we can assist. When you’re ready to speak to a Charleston child injury lawyer, reach out by calling 1-888-HAWK-LAW or by filling out the online form below. When You Trusted Someone to Watch Your Child and They Didn’t. Call Us. Leaving your child, likely the most important loved one in the world, in the care of another requires a great deal of trust. That is why it is so important for school staff to provide exceptional care to all children under their supervision. If they egregiously violate that trust, they should be held responsible. Child injuries can be terrifying to experience as a parent, but our South Carolina law firm, with its team of skilled Charleston personal injury lawyers, can help you take the proper steps toward legal action in child injury cases in Charleston, Columbia, North Charleston, Mt. Pleasant, and beyond. Get in touch with our team today to begin with legal advice from a free consultation* and free case evaluation*. ### Lyft Accident Lawyer Greenville Many of us increasingly rely on Lyft and other rideshare programs to navigate South Carolina. Whether you’re heading to a bar or just too tired to drive, a Lyft can help you avoid driving in risky ways. Unfortunately, if your driver or another person on the road is careless, you could suffer for it. That’s where a dedicated lawyer from HawkLaw, PA can help you file an injury claim to hold the responsible driver to account. If you’ve been hurt while taking a rideshare, reach out to your Greenville Lyft accident lawyer. You may be due compensation for your losses, so make sure you get the help you need for your claim. Who’s Responsible for a Lyft Accident in Greenville? When you’re hurt in a Greenville Lyft accident, you may be eligible for compensation for your losses during the accident. However, that may not be so easy without a Lyft accident lawyer on your side. For example, in many cases, the driver is liable for your injuries. Holding their employer accountable can be difficult, but you may have a chance receive a settlement Lyft’s insurance policy. That policy should cover up to $1 million in damages. However, your driver may not have been the one at fault. Another driver, for example, may be responsible for your losses. Manufacturers, government agencies, and other parties could have caused the crash. In these cases, your lawyer can investigate the cause of the accident to determine the liable party. Collecting Compensation for a Greenville Lyft Accident Once you know who’s liable for your losses caused by the car accident, you’ll need to know the value of your damages to know what your claim is worth. These losses may be financial, such as hospital bills, lost wages, and any property damaged in the accident, such as musical instruments or computers. These losses are usually simpler to calculate because they have a market value attached. Your non-economic damages may not be so easy to calculate. These damages cover the emotional and psychological damages of your claim, such as pain and suffering or emotional trauma. Because these losses can vary in severity and impact, you may need to talk to your Greenville attorney about calculating their relative value. Call a Greenville Lyft Crash Lawyer If you’re struggling to get compensation after your Lyft accident, you may need help from the lawyers at HawkLaw, PA. We understand that you’re in a difficult situation. We’ve handled car accidents of all varieties. We’ll focus on seeking your compensation while you focus on recovery. To get started, reach out for a free consultation* with a Greenville Lyft accident lawyer. Call 1-888-HAWK-LAW (429-5529) or complete the following online form to reach out to us. ### Uber Accident Lawyer In Greenville Uber drivers may be hired to drive, but that doesn’t mean they can’t crash just as easily as anyone else. Your driver might be in a hurry and they’re taking risks with your safety. Now you’re reeling in the aftermath of a car accident and wondering what your next steps should be. You may need help from a Greenville Uber accident lawyer. If you didn’t cause the accident that hurt you, the lawyers at HawkLaw, PA can help you seek compensation for your losses. Liability for Greenville Uber Accidents When you’re hurt in a Greenville Uber accident, one of your first questions may be, “Who’s responsible for my suffering?” Unfortunately, that can be difficult to determine without help. South Carolina law currently doesn’t consider Uber responsible for the actions of its drivers because considered independent contractors. You will need to seek compensation through the driver’s insurance, which should cover $1 million in related damage. However, if someone else caused the accident, you may need to sue the other driver, the car manufacturer, or even the government. Talk to your attorney about who could be held liable for your losses. Time Limits for Rideshare Accident Lawsuits When you’re hurt in a Greenville rideshare accident, it’s important to know what to expect and how much time you have to file. Unfortunately, those time limits can vary. For example, if you’re hurt in a car accident, you’ll have three years to file a claim before you’re barred from recovery. However, you may have a shorter or longer time to file, depending on the type of defendant named, among other factors. Talk to your lawyer about your options for compensation and when to act based on the liable party. Compensation for Your Greenville Uber Accident When you’re hurt in a rideshare accident, you may be due compensation for all your damages, or losses caused by your accident. Typically, this compensation should cover your financial and emotional losses during an accident. Your Uber accident lawyer will have the tools to calculate those losses. If you’ve been hurt in a Greenville Uber accident, the following are just a few damages you may have suffered that you can seek compensation for: Medical bills Lost wages Household services Pain and suffering  Emotional trauma Talk to a Greenville Uber Accident Attorney If you’ve been hurt in a car accident, you’re already suffering and in need of compensation. If you were hurt by your Uber driver, though, you might be confused how to pursue a legal claim. Fortunately, you can get help from a lawyer from HawkLaw, PA, who can handle the logistics of your claim while you focus on recovery. We’re on your side, from your free consultation* to the final decision in the courtroom. Ready to seek compensation for your losses? Contact a Greenville Uber accident lawyer by calling 1-888-HAWK-LAW (429-5529) or by completing the online contact form below. ### Pedestrian Accident Lawyer Greenville Walking is eco-friendly, healthy, and relaxing. Unfortunately, it can also expose you to more dangers on the road—if a driver isn’t paying attention and hits you, the aftermath can be devastating.  Fortunately, you don’t have to deal with the aftermath alone. At HawkLaw, PA, we’re focused on helping you get the compensation you need to recover after you’re struck by a driver. If you’re concerned about your case, talk to a Greenville pedestrian accident lawyer for help seeking compensation for your losses.  Common Injuries in Greenville Pedestrian Accidents When you’re hit by a car as a pedestrian in Greenville, you’re in more danger than any other group on the road. Pedestrians don’t even have the protection a helmet and bike pads provide to cyclists, which means you’re exposed to being hit by several tons of metal moving at potentially high speeds.  Your injuries could be dangerous or even deadly. Head injuries, spinal cord trauma, and broken bones are all real possibilities when you’re hit by a car. These injuries aren’t just painful, though. They can affect the rest of your life and leave you with permanent disabilities, chronic pain, and ongoing treatment to maintain your quality of life. Compensation for Injured Greenville Pedestrians When a driver hits you, you have the right to seek compensation for your losses. Your Greenville pedestrian accident attorney can help you find the value of your claim and seek compensation that cover all your losses. That means getting compensation for more than your financial losses.  Your economic damages should cover the funds you’ll need for your physical recovery, such as the costs of an ambulance or surgery. However, you should also receive compensation for your intangible losses. That may include any emotional or psychological suffering you experienced because of the accident.  If you’ve been hit by a careless driver in Greenville, you may be due compensation, which should cover all your losses. We’ve listed several of these below.  Medical bills Lost income Property damage  Pain and suffering  Emotional distress Your Greenville Pedestrian Accident Attorney Can Help  When you’re hurt in a pedestrian accident, it’s important to act quickly to get compensation that will fund your recovery. That’s tough to do without legal experience. Thankfully, you’re not alone.  At HawkLaw, PA, we’re focused on fighting for the compensation you’re eligible for when you’re hurt by a careless driver. We understand how difficult it can be to recover from your injuries while building an injury claim. That’s why we offer free consultations* for those seeking a pedestrian accident lawyer for their claim. If you’ve been hurt by a Greenville driver and need compensation to cover your losses, seek help from a Greenville pedestrian accident lawyer by calling 1-888-HAWK-LAW (429-5529) or by completing the online contact form below. ### Columbia Work Injury Attorneys Injured at work? Your Columbia work injury attorney can help you seek compensation for your injuries and damages. Although working conditions are safer than ever in many cases, there is still a chance for serious injury when you are at work. Unfortunately, many injured Columbia workers do not realize they can seek compensation with a lawyer's help. At HawkLaw, we want to help you get justice through monetary compensation. According to the U.S. Bureau of Labor Statistics (BLS), there were approximately 2.6 million nonfatal workplace injuries and illnesses in 2021 alone. If you’ve been hurt in a work accident, you may have a chance to seek compensation you wouldn’t have otherwise received. Talk to your South Carolina work injury lawyer for help with your claim. What Injuries and Illnesses are Covered by Workers’ Compensation in Columbia? Workers’ compensation is a type of insurance that most employers are required to carry by law, with very few exceptions. It is a no-fault form of insurance, which means it does not matter who caused an injury, so long as the injury happened during the normal course of the injured workers' work duties. It covers just about everything from equipment failures to slipping and falling on the way to the bathroom, illnesses from environmental conditions at the office, or a car accident en route to a meeting with a client. Some specific types of work injuries and illnesses include the following: Work-related illnesses due to allergens or harmful substances in the workplace like asbestos, toxic chemicals, and the like Work-related injury or workplace accidents Work-related repetitive stress injuries like carpal tunnel syndrome How Do I Determine if My Injury Is Work-Related? If you were injured doing something for the benefit of your employer, even if it was off-site, or you were in an accident while running an authorized errand for work, you may have a claim. Again, workers’ comp is no-fault, meaning that as long as your injury happened during the normal course of your work duties, you may have a claim. If you are unsure, schedule a free consultation* with a Columbia workers’ compensation lawyer at HawkLaw today. What to Do After a Workplace Injury in Columbia Workers’ compensation cases can be complex. It is vital to take the right steps after you get hurt on the job to improve your chances of a successful claim, from reporting the accident to securing the services of a workers’ compensation law firm. Report Your Injury Immediately Speak to your manager or supervisor right away. They will take down the details of what happened, and if the accident is not severe enough to require emergency treatment, they will give you a list of medical professionals from which you must choose one. Your employer should then begin the process of submitting your claim. Seek Medical Treatment Always get looked over by a healthcare professional right away. If your employer gave you a list of providers to see, always choose one from their list. This is important to your claim. If you need emergency care, go immediately to get treated. Keep any and all medical records and medical bills. You may even be entitled to reimbursement for travel to the doctor as part of your overall medical expenses. Give a copy of the doctor’s report to your employer, and keep a copy for your own files. Speak to an Experienced Columbia Workers’ Compensation Attorney An attorney with experience in South Carolina law surrounding the workers’ compensation system can be an important ally. They can help you complete all the paperwork for your South Carolina workers’ compensation claim in a timely fashion and correctly. They can represent you during the process, especially if you get denied and need to fight the insurance company for your workers’ compensation benefits. They can provide legal advice and help you gather all the necessary information to put toward your case for benefits. Workers’ comp cases are different from other types of personal injury cases because they do not involve negligence. They do carry their own legal issues, which can be frustrating and confusing if you are not familiar with the South Carolina workers’ compensation insurance system. The Columbia workers’ comp lawyers at HawkLaw have years of experience with these issues and will be by your side the whole way. HawkLaw fights to win! Call our law office at 888-HAWKLAW or fill out our online form to request a free consultation* today. Who Is Eligible for Workers’ Compensation in Columbia? Most employees are eligible for coverage under SC workers’ compensation law. With very few exceptions, employees at a business with at least four employees should be covered for an on-the-job injury. Who Is Exempt From Workers’ Comp in Columbia? The exceptions to SC workers’ compensation coverage are very specific and include the following: LLC members Partners Sole proprietors Casual employees with irregular hours Employers whose prior year payroll was less than $3,000 Agricultural employees Railroad employees Licensed real estate agents who work for a broker Federal employees How Long Do I Have to Sue for Work-Related Injuries in Columbia, South Carolina? With a few exceptions, you have 90 days from the onset of your illness or injury to notify your employer and file for workers’ comp. Understand that this is not a lawsuit; by accepting a job where you are covered by workers’ compensation, you generally waive the right to sue your employer. Thus, 90 days is simply the statute of limitations to file for workers’ comp benefits. There are a few exceptions to this 90-day limit. These include: You were prevented from reporting your injury due to incapacity. You have evidence that your employer knew about the injury before the report. You were prevented from informing your supervisor due to third-party deceit or fraud. If you have long-term-onset injuries such as repetitive motion injuries like carpal tunnel, you have 90 days after learning that your condition is eligible for compensation. After notifying your employer, you have two years to file for formal workers’ compensation benefits. It is highly recommended, however, that you apply ASAP because it takes some time for your case to be reviewed, and benefits may be denied. If they are denied, you will need to file an appeal, which can take even longer. This makes it best to always apply sooner rather than later. An experienced workers’ compensation attorney in Columbia can help you take the right steps at the right time. How Much Money Should I Expect From My Columbia Workers’ Compensation Claim? When facing a Columbia work injury, the most important question is often, “How much can I expect to receive?” It can be tough to recover from your losses without financial help, especially as your medical costs climb and you cannot work. If you’ve been injured in a work accident, you may be due compensation for the following losses, depending on your claim type. Medical care coverage, including ongoing care like physical therapy Compensation for lost income Household accommodations, such as wheelchair ramps Disability benefits if the illness or injury left you disabled Funeral expenses if your loved one died as a result of a work injury or illness As provided for in Title 42 of the SC Code of Laws, 1976, the maximum weekly compensation rate for workers’ comp is 66 2/3% of your average weekly wage, with a maximum cap equal to the average weekly wage for the state as of the prior fiscal year. This average wage is set by the South Carolina Department of Employment and Workforce. For 2023, the maximum weekly compensation you can get for workplace accidents is $1,035.78. How Long Can You Draw Workers’ Compensation in Columbia, South Carolina? The South Carolina Code of Laws also stipulates that you can only draw workers’ compensation for a maximum of 500 weeks. You may, however, be able to draw payments for the rest of your life if you have suffered total permanent disability. Your personal injury lawyer with practice areas in workers’ compensation can provide the legal advice you need to determine if you or a loved one is eligible for ongoing disability payments. What Compensation Should I Expect From My Columbia Personal Injury Lawsuit? If you’re filing a personal injury claim, you may also be due benefits for your non-economic damages, not just your financial losses. Pain and suffering Emotional trauma For example, if your injury caused chronic pain, you may be owed compensation for that intangible suffering. Your Columbia work injury lawyer can help you find the total value of your specific claim. Compensation For Injured Columbia Workers When you’re facing a work injury, the most important detail is often, “How much can I expect to receive?” Often, it can be tough to recover from your losses without financial help, especially as your medical costs climb and you are unable to work. If you’re filing a personal injury claim, you may also be due benefits for your non-economic damages, not just your financial losses. For example, if your injury caused chronic pain, you may be due compensation for that intangible suffering. Your Columbia work injury lawyer can help you find the total value of your specific claim. If you’ve been injured in a work accident, you may be due compensation for the following losses, depending on your claim type: Medical care coverage Compensation for lost income Household accommodations, such as wheelchair ramps Pain and suffering Emotional trauma Should I File a Personal Injury Lawsuit for My Work Injury? Before you head to court for your work injury, you must know what claim type you’re dealing with. When you’re injured at work, you file a workers’ comp claim. Your employer should cover these claims, but your employer or their insurance provider may sometimes try to deny your claim. However, a workers’ comp claim isn’t your only option. If you can’t file for workers’ compensation, you may be able to file a personal injury lawsuit if someone’s carelessness for your safety caused your injury. Most injured workers in South Carolina cannot sue an employer or coworker for a work injury. By accepting a job where you are covered by workers’ comp, you waive the right to sue for personal injury damages. There may, however, be another at-fault person outside of your work who can be sued for personal injury. For example, if you are involved in a car or truck accident on your way to meet a client, and the car accident was caused by the other driver, you may be able to sue the other driver for personal injury damages, which may amount to more than you would receive under workers’ compensation alone. In addition, in certain very specific situations, you may be able to file a personal injury lawsuit. These include the following: You were exposed to unreasonably dangerous conditions. Someone injured you on purpose. Your employer failed to maintain the appropriate insurance coverage they were required to keep. Someone other than your employer was liable for the injury. The car accident mentioned above is an example of this, as would be a subcontractor causing you to get hurt. If you are not sure whether you can file a lawsuit for your injury, the personal injury attorneys at HawkLaw can help you decide. Our workplace accident attorneys have extensive experience dealing with personal injury and workplace injury cases. Let us provide legal advice about what claim type is right for you and your financial recovery. Should I Hire a Columbia Workers’ Compensation Lawyer? Not only should you hire a Columbia workers’ compensation attorney, but it may be among the most important calls you make. If you or a family member is injured on the job, you deserve benefits. At HawkLaw, we can help determine which insurance policies should pay your claim. We can communicate with the insurance company and represent your interests before the South Carolina Workers’ Compensation Commission and represent you in a settlement or court if needed. We can estimate your deserved compensation, including the costs of your ongoing medical expenses. We can handle the paperwork so you can focus on recovery. In rare situations where a personal injury case is involved, we can determine liability for the accident, which could involve multiple parties, and estimate the value of pain and suffering. Put Us to Work on Your Case At HawkLaw, our attorneys have fought for many people like you who were hurt on the job and may have been unfairly denied benefits. Know that if this happens, it is not necessarily the end of the road. You can fight and challenge workers’ compensation denials, but you may need help from our experienced workers’ comp lawyers. We represent people from across the state of South Carolina, from Lexington to Richland, Sumter, Orangeburg, and beyond. We have many testimonials from happy clients, and we build trusting attorney-client relationships where we treat every client like a member of our own family. HawkLaw fights to win, and we will fight for you every step of the way. Contact a Columbia Work Injury Attorney When you’re hurt in a work accident, recovering from your injuries and returning to the job can feel impossible. You’re injured, suffering, and not getting the compensation you need to recover from your losses. That’s where a South Carolina lawyer from HawkLaw can help. If you’re unsure what kind of case you’re dealing with or what your claim is worth, you may need help fighting for the compensation you need. Fortunately, our attorneys offer free consultations* so you know what to expect before you head to court. Your Columbia work injury lawyer can provide guidance and support throughout your claim, ultimately making your financial recovery easier. Schedule your free consult* by calling 1-888-HAWK-LAW (429-5529) or filling out the following online contact form. ### Bicycle Accident Lawyer Greenville Bikes are a great way to get a little exercise, reduce your carbon footprint, and enjoy some fresh air. Unfortunately, not everyone on the road will be courteous and careful with your safety. If you were injured on a bike, you may be eligible for compensation with the help of a Greenville bicycle accident lawyer. Seek out help from the lawyers at HawkLaw, PA. Bicycle Accident Injuries Are Serious When you’re in a bicycle accident, you’re more vulnerable to injury than most people on the road. You may only have your helmet to protect you during a fall or collision, which means your injuries may be severe. Below is just an example of the injuries you could have suffered in Greenville: Head injuries Neck injuries Broken bones Internal bleeding Friction burns Identifying the Liable Party for a Bicycle Accident Once you’ve gotten medical care, you’ll then need to identify the person or group that hurt you. If you were struck by a driver, the answer may be obvious—they were driving carelessly, and they hit you instead of looking out for you. However, not every claim is so simple. You may have been injured because the bike lane wasn’t safe, so you hit a pothole or other road hazard. Greenville’s transportation department is responsible for making sure all lanes and sidewalks are safe for drivers, bicyclists, and pedestrians. If you were unable to safely navigate the roads, you and your Greenville bike accident lawyer may be able to seek compensation for your losses. Compensation for Greenville Bicycle Accidents If you’ve been injured in a bicycle accident, you may be due compensation for your injuries from the responsible party. They left you seriously injured, so they should cover the costs of your financial and emotional recovery. Your list of losses, or damages, caused by the accident should include all your financial costs. That includes your medical care, lost wages, and property damage, among other things. You should also receive compensation for the intangible losses you’ve suffered, like emotional trauma and pain and suffering. While these losses aren’t visible, they could have a serious impact on your life. Your South Carolina bike accident lawyer will have the tools to calculate all these losses. Talk to a Greenville Bicycle Accident Attorney After a bicycle accident, it’s easy to feel overwhelmed and unable to act. You may worry that you don’t have a chance to seek compensation, especially if the liable party is already trying to shift the blame to you. That’s why you need a lawyer from HawkLaw, PA on your side. We can get you started with a free consultation* so you know how we can help before you file your claim. That way, you’re prepared to make the right decisions for your bicycle accident claim. To get started with your Greenville bicycle accident lawyer, call 1-888-HAWK-LAW (429-5529) or complete the following online contact form. ### Lyft Accident Lawyer Spartanburg Rideshares like Lyft have become a major option many people rely on for transportation. Whether your car broke down, you missed the bus, or you just don’t want to worry about driving and parking, you may have taken a rideshare to avoid facing the road yourself. Unfortunately, your Lyft driver may have crashed, leaving you seriously injured. At HawkLaw, PA, we’re focused on helping rideshare accident victims like you recover compensation for the losses they’ve suffered. If you’re concerned about your claim, reach out to a Spartanburg Lyft accident lawyer for help. Liability for a Spartanburg Lyft Accident When you’re hurt in a Lyft accident, you need to know who’s liable for your injuries. Often, that responsibility falls on the driver. While Lyft may be liable in some cases, the company does everything in its power to avoid taking the blame for Lyft accidents involving its drivers. Still, Uber’s insurance policy should cover up to $1 million during a ride, which may be enough to cover your losses. However, the Lyft driver’s insurance policy may also be enough to help you recover, though you may need help ensuring that the insurance company will cooperate. Compensation for Your Lyft Accident Injuries When you’re injured by a careless Lyft driver, you want to be sure that you’re getting your full, fair compensation. The liable party may try to pay less for your losses, and if you accept that lowball settlement, you may have few options to make up for that lost compensation. Your compensation for a Spartanburg Lyft accident should cover all your financial losses. These damages should cover the expenses you’ve suffered, like medical bills, lost wages, and household services you need if you’re unable to take care of yourself. However, you may also be due compensation for your intangible losses caused by the vehicle accident, also called non-economic damages. These damages may include things like pain and suffering, emotional trauma, and mental distress. These losses can be difficult to calculate, but your Spartanburg Lyft accident attorney can help you find the worth of these losses, too. Seek Compensation with a Spartanburg Lyft Accident Attorney If you’ve been injured in a Spartanburg Lyft accident, you may be due compensation that covers the losses you’ve suffered from the injury. However, you may have trouble getting that compensation. The liable party may try to minimize the amount they have to pay to protect their own pockets or profits. That’s why you may need a lawyer from HawkLaw, PA on your claim. The right attorney can help you ensure you’ve got the guidance you need for your lawsuit. If you have any doubts about your claim’s worth or your next steps to compensation, reach out for a free consultation* about your claim. If you’re ready to get started on your claim with a free consultation,* reach out for help from a Spartanburg Lyft accident lawyer. Talk to us by calling 1-888-HAWK-LAW (429-5529) or by filling out the online contact form below. ### Uber Accident Lawyer In Spartanburg When you take a rideshare service like Uber, you may hope by doing so you’re not risking getting injured in a car accident. Unfortunately, playing it safe may not have protected you from a severe injury. Your Uber driver may have crashed, and now you’re suffering for their actions. At HawkLaw, PA, we know how confusing it can be to fight back against a major company and their driver. That’s where a Spartanburg Uber accident lawyer can step in and help you recover. Who Pays for Spartanburg Uber Accidents? When you’re hurt by a careless driver in Spartanburg, determining who’s responsible for your injuries may be one of your first steps. You need to identify the person to sue so you can get compensated by the right person. Uber accidents can be tough for accident victims because the company may avoid responsibility. They may claim their workers are independent contractors, and in many states, like South Carolina, rideshare drivers are considered contractors. That means Uber isn’t responsible if the driver injures someone in an accident. Fortunately, Spartanburg rideshare drivers are required to carry insurance that may cover your losses. In addition, if you were injured during a ride, Uber’s insurance may pay around $1 million for your losses. If you’re seeking that compensation, your Uber accident lawyer can help you find out how much your settlement is worth. Compensation for Uber Accident Victims Unfortunately, many Uber accident victims struggle to get fairly compensated for their injuries. The insurance company is a for-profit business, and that means they may not have the passengers’ best interests in mind. That’s why it’s so important to find the full worth of your damages, or the losses you suffered because of the accident. That could include not just financial losses, but emotional losses, which are intangible but should still be compensated. That also includes any losses you didn’t pay for but that you still suffered through. Below is a short sample of the economic and non-economic damages you may suffer if you’re injured in a Spartanburg Uber accident: Medical bills Lost wages Property damage Pain and suffering  Loss of enjoyment of life Mental trauma Seek Out a Spartanburg Uber Accident Attorney If you’ve been hurt because your Uber driver was careless, you may need help understanding your rights as an injury victim. The insurance company doesn’t want to pay, so they may not help you overcome your injuries when you’re suffering. That’s why you may need a lawyer from HawkLaw, PA to help you through your claim. Your Spartanburg injury lawyer can help you work to get compensated, starting with a free consultation.* That way, you know what to expect when you’re suffering from a major injury. Ready to seek compensation with a Spartanburg Uber accident lawyer? Reach out by calling 1-888-HAWK-LAW (429-5529) or by filling out the online form below. ### Construction Accident Lawyer Greenville Dealing with a serious injury is already tough. Unfortunately, dealing with a workplace injury, whether you were actually working there or just near the site, can be even more complex. For example, if you were hit by a falling brick from a building site and had a bone broken as a result, who’s responsible for your injuries, and how do you get compensation for that?  That’s a question for your lawyers at HawkLaw, PA. If you were hurt at a construction site, seek help from a Greenville construction accident lawyer. We can guide you through your claim to the best results possible for you.  Workers Comp vs. Personal Injury Claim for a Construction Accident First, it’s important to determine whether your claim is a workers comp claim or a personal injury claim. Determining this now can save you time and trouble later, but which one is right for you? While your construction accident attorney can help you decide that, there are a few key differences between the two that may give you an idea now of which applies best to your situation.  For example, workers comp is offered to workers regardless of fault. In most cases, if you’re a construction worker or an employee working on the site, you should be eligible for workers comp benefits in Greenville.  A personal injury claim is open to any injury victims, but it does require that you provide proof of your injuries. You’ll also need to prove that someone else caused your injuries and that the person is financially liable for your accident.  Compensation for Your Construction Accident Injuries  If you’ve been injured on a Greenville construction site, getting compensated for your injuries is key to recovering from those injuries. You’ll need those funds not just to cover the costs of your recovery but also to repay you for the intangible losses you’ve suffered.  For example, you might know how much it will cost to repair your vehicle. What you may not know, though, is what the emotional trauma you’ve suffered is worth. Fortunately, your Greenville construction accident attorney has the tools to calculate all your losses.  If you’ve been hurt because of a construction accident, you may be eligible for compensation for the following losses, among others:  Medical costs Lost income Household services, like housekeeping while you’re off your feet Pain and suffering Loss of enjoyment of life Connect with a Greenville Construction Injury Attorney  If you’ve been injured in a construction accident, you might feel frustrated and even hopeless as you try to recover from your losses. It can be difficult to seek compensation on your own, too, which makes it tough to move forward in Greenville.  That’s why many people injured in construction accidents may need the help of a lawyer from HawkLaw, PA. We understand that your recovery won’t be easy, so we offer free consultations* so we can talk about your next steps in a low-pressure environment.  To get started, reach out to a Greenville construction accident lawyer to set up your consult. Call 1-888-HAWK-LAW (429-5529), or complete the following online form.  ### Columbia Construction Accident Lawyer Key Takeaways The most common construction accident injuries reviewed are falls, power tool accidents, falling objects, and more. Accidents that happen on the job are typically the responsibility of the employer. Workers' compensation claims can include up to three benefits: medical benefits, lost wages, and permanent disability benefits. South Carolina implements a no-fault policy, meaning you could be eligible for benefits regardless of the at-fault party. Construction accident lawyers start by seeking evidence to build your personal injury claim Even when fatalities do not occur, injuries suffered by Columbia construction workers can be substantial, like traumatic brain injuries. Falling objects and heavy machinery can do significant damage, causing severe or even fatal injuries. Construction accident cases are a dangerous aspect of workplace accidents, similar to how truck accident cases are a dangerous aspect of auto accidents. If you have been injured in a Columbia, South Carolina construction accident, you may be entitled to compensation for your losses. Schedule a free consultation* with a Columbia construction accident attorney from HawkLaw’s experienced personal injury firm today to seek the compensation you deserve for someone else’s negligence. What Are the Most Common Accidents on a Construction Site?Quite a few different kinds of accidents can occur on a construction site. Here are some of the most common construction accident injuries seen by personal injury lawyers at our law firm: Falls Misuse of equipment Power tool accidents Exposure to toxic chemicals Falling objects Crushing hazards Fires and explosions Building or trench collapses Heat exhaustion and overexertion Respiratory diseases Lead exposure Electrocution Responsibility for Construction Accidents in ColumbiaFirst, who is responsible for your injuries? You might know that it was a worker who was being careless with your safety. You might have been hit by falling tools, for example, causing a head injury, or you may have been injured by a vehicle or machine. In these cases, you might think the careless worker is the one who pays for your injuries. When Should You Seek a Construction Accident LawyerHowever, accidents that happen on the job are typically the responsibility of the employer. They are liable for the actions of their workers, which means they should be financially responsible for your accident. If you were a worker injured on site, your employer could be held responsible through a workers’ compensation claim, with which construction accident lawyer can help. That does not mean the construction company is always the responsible party, though. For example, you might instead need to seek out the manufacturer of their machinery, which may have malfunctioned due to a defect. Schedule a free consultation* with your HawkLaw injury personal lawyer to discuss the specifics of your case and get answers about your Columbia claim. What Benefits Does Workers’ Compensation Cover in Columbia?Workers' compensation claims in Columbia, South Carolina can include up to three different kinds of benefits. The first type is medical benefits, which consist of financial compensation to cover your medical bills accrued to treat your injury. The second kind of benefit is lost wages to make sure you still get your income even when unable to work. Finally, workers' compensation can offer permanent disability benefits if you sustain an injury that prevents you from working normally for a long period of time. Note that these are the only benefits that workers' comp can pay. You cannot get a second payment for the same damages if you pursue a personal injury case. Additionally, many Columbia workers' compensation cases that our personal injury lawyers see only offer coverage for two-thirds of their lost wages unless the accident victim's injuries prevent them from working long-term. Can I Make a Personal Injury Claim if I’m Claiming Workers’ Compensation in Columbia?If you want to make a personal injury claim while also claiming workers' compensation, you will only be able to do so in a scenario if someone other than your employer or co-worker was the cause of your injury. If a person comes into your workplace and pushes you off of a ladder, for example, you can claim workers' comp for that and file a personal injury claim against the aggressor. If no fault is determinable in your case, though, you will not have much to work with when it comes to a personal injury claim. What Are the Accident-Prevention Responsibilities of Supervisors in Construction Companies?Supervisors are legally required to create an environment for their construction workers that actively prevents construction site injuries from occurring. These regulations are drafted and enforced by the Department of Labor's Occupational Safety & Health Administration or OSHA. Specifically, these preventative measures include keeping floors clean and dry, regularly educating employees about potential hazards, providing protective gear for free, and eliminating common known dangers. They must also ensure that subcontractors are providing a safe environment for employees. Since one of the most dangerous aspects of construction is the risk of falling, ladder safety and scaffolding requirements are particularly comprehensive to help prevent serious injuries. For example, holes in floors must be covered, and elevated areas must first be surrounded by guardrails and toe-boards. Those same barriers are required in areas where a person could fall into machinery or chemicals. For especially high job sites, harnesses and safety nets must be provided, too.  What Is a Third-Party Claim in Columbia, SC?A third-party claim is one in which you file a personal injury claim against someone other than your employer or a fellow employee. This may still be relevant in workers' comp cases in incidents where your job has you out on the road often. If you are making a delivery, for example, you could be hit by a negligent driver. You could get workers' comp for your injuries in addition to filing a personal injury claim against the driver for the car accident. It will be easier, however, if you have aid from a personal injury attorney or an experienced law firm that can offer a free consultation*, legal advice, a free case evaluation, and tenacious legal representation should it come to that. How Does South Carolina’s No-Fault Policy Affect My Columbia Workers’ Comp Claim?South Carolina implements a no-fault policy, which means that you could be eligible for benefits regardless of who is actually at fault for the accident, including yourself. If your employer is at fault, however, you are free to pursue a personal injury claim against them. Note that this is only valid if your employer was in violation of safety codes or deliberately injured you. Since a personal injury claim cannot provide compensation for the same damages that your workers' compensation claim does, your other legal option is to pursue other damages like the last third of your lost wages, property damage, and non-economic damages like pain and suffering and emotional distress. Do I Have to Use the Doctor My Employer Chose After My Columbia Construction Accident?While it is not illegal to go to a different doctor than the one your employer chose, injured construction workers do have to see the chosen doctor if they want workers' comp to cover medical expenses. The only exception to this is when you need emergency medical care since the most important factor in that scenario is protecting your own personal safety and not what some insurance company prefers.  As a disclaimer, it is important to be wary of referrals from any emergency room visits you may need. While the referral will likely be just fine in terms of providing you with the medical treatment you need, your workers' comp accident claim could be denied if the doctor you were referred to has not been approved by your employer. Always make sure you contact your employer or their relevant representative before seeing any doctor you were referred to by emergency services. If you really are set on seeing a doctor that your employer or their representative will not approve, there may be a way around that to keep you covered. If your work-related accident occurred in a scenario where a third-party entity is responsible, you could include medical coverage as expected compensation in a personal injury lawsuit against the third party. Remember that personal injury cases cannot provide compensation for anything you are getting coverage for through workers' comp.  It's important to note, however, that the South Carolina law limitation applies only to compensation you are actively getting from workers' comp. If workers' comp did not cover all your medical bills, for example, you can sue for the rest in a personal injury case. How a Columbia Construction Accident Lawyer Can Help YouWhen you are injured in a construction accident in Columbia, you might be concerned about the costs of your recovery and what you can do about your injuries. Both injured workers and injured passersby should be eligible for compensation, but it can be tough to seek compensation in court or in front of a workers’ comp board, which is where a law firm can help. If you are hurt in a Columbia construction accident, you and your construction accident lawyer can start by seeking evidence for your claim and finding the worth of your losses. From there, you can get help from the law firm to find the worth of your compensation. Your construction accident lawyer will also represent you in the Columbia courtroom. They have the legal experience you need to fight for the maximum compensation you should receive. They can advocate for you when you are struggling with your injury. It all begins with a free consultation*. Build Your Case With HawkLawConstruction sites can turn dangerous quickly, which you might already know firsthand. Unfortunately, that means you might have already suffered for someone else’s carelessness. Even a minor accident can have disastrous effects on your future and the future of your loved ones. That is why we suggest talking to a Columbia personal injury lawyer from HawkLaw as soon as possible. Our South Carolina law offices can help you choose whether to pursue a lawsuit or a workers’ compensation claim, and our personal injury lawyers can fight for you when you are struggling to recover. To get started, take advantage of our free consultations* with a Columbia construction accident lawyer. Give us a call at 1-888-HAWK-LAW (429-5529), or fill out the online contact form. ### Dog Bite Lawyer Columbia A dog bite can be  a frightening, traumatic experience that left you hurt and suffering. It’s tough to get over the pain and fear that comes with an animal attack. At HawkLaw, PA, we know how being hurt by a dog can affect your quality of life. Worse, you might not have the financial compensation you need for your losses because the dog owner hasn’t taken responsibility. Because of this, you might be suffering and stuck paying out of pocket for their carelessness. Luckily, a Columbia dog bite lawyer can help you get compensated for these losses. Who’s Responsible for a Columbia Dog Attack? If you’ve been bitten by a dog, you need to know first who’s responsible for your injuries. If you were bitten by a dog outside of someone’s home, it can be tough to tell who owns the loose dog. Typically, though, the dog’s owner is the one who’s responsible for the pet’s actions. Just as someone is responsible if a part of their property is dangerous, dog owners should take care to protect others from dangerous pets. One of the most important dog bite laws you may encounter in a South Carolina claim is strict liability for dog bites. You might be worried that the owner may not be held liable for the actions of their pets, especially if the dog has never bitten anyone before. Fortunately, strict liability means that no matter how well-behaved the dog has been in the past, you may still sue for your losses. Because of strict liability, the owner can be held responsible for a bite even if the dog has never attacked anyone before. Your dog bite attorney in Columbia can help you focus on these laws and address other concerns, like time limits to file, for your lawsuit. Damages for a Dog Bite in Columbia When you’re bitten, the physical damage of a dog bite can be severe. Puncture wounds are often deep and difficult to clean. That means it’s easy to develop a severe infection, as well as other diseases, like rabies. Crushing injuries can also cause fractures, especially in areas with many smaller bones, like hands. The emotional trauma can affect you well after the attack. You might develop a phobia of dogs, and many people suffer from nightmares and flashbacks, not to mention the pain of your injuries. All these can affect your quality of life, but a Columbia dog bite attorney can help you get compensation for your financial losses and mental trauma. Call a Columbia Dog Attack Attorney If you’ve suffered through a dog bite, you may need help getting compensation for your losses in Columbia. It can be tough to get compensation for the dog bite, especially when you’re hurt and struggling to understand the legal aspects of your claim. That’s why you may need a lawyer from HawkLaw, PA to help. If you’re struggling with a dog bite claim in Columbia, you can get started with a free consultation,* where we’ll talk about your options for filing a lawsuit after a dog attacks you. Get a free consultation* with a Columbia dog bite lawyer by calling 1-888-HAWK-LAW (429-5529) or filling out the following online form. ### Pedestrian Accident Lawyer Columbia Pedestrians face more dangers than you might think. According to the Governors Highway Safety Association and NHTSA, more than 7,500 pedestrians were killed in auto accidents in 2022. That is more people in a single year than we have seen in decades in Columbia, Forest Acres, Lexington, Irmo, Cayce, and the rest of South Carolina. The last time fatalities were so high was in 1981. Walking can be a great way to travel because it is good for you and good for the environment, but careless drivers can put pedestrians at risk. Getting hit by an automobile while on foot can lead to serious injuries and change your life forever. Even a motorcycle accident can be devastating for a pedestrian. If you’ve been injured as a pedestrian in Columbia, Forest Acres, Lexington, Irmo, or Cayce, you may need help from a lawyer. An experienced Columbia pedestrian accident lawyer at HawkLaw, P.A. can help you recover the compensation you deserve while you focus on healing. What to Do After a Pedestrian Accident in Columbia Pedestrian accidents are difficult to deal with, but you may be able to put yourself in the best position for recovery if you follow these important steps. Protect Yourself and Others The first thing you do is make sure you and everyone else involved are safe. If you are able to, move all injured pedestrians and other victims to safety to prevent anyone from getting hit again. Call 911 A 911 operator can send police, fire and EMS as necessary to the scene of the wreck. Emergency crews can secure the scene and help prevent additional collisions. Police will also compile a police report of the accident that can be helpful in any personal injury case related to the accident. Do not admit any fault or blame to the police. Seek Medical Treatment Next, seek medical care. Pedestrian injuries can be serious because pedestrians have no protection against a motor vehicle's impact. You may need to take an ambulance to the hospital right away. Additionally, medical treatment and medical records are important in establishing a pedestrian accident victim's injury claim. Do not admit any fault or blame to your medical providers. Gather Evidence If you are able to, gather as much evidence as you can regarding the accident. Take photos of the crash scene with details of skid marks on the pavement, vehicle positioning, and road conditions if possible. Be sure to photograph any injuries sustained from the crash as well. Contact a Columbia Pedestrian Accident Lawyer Dealing with the aftermath of an accident can be tough once insurance gets involved, so it is best to get in touch with a Columbia pedestrian accident attorney sooner rather than later. They can walk you through the process and help keep your rights and interests protected. Contact Your Own Insurance Provider Only after you have contacted a lawyer should you contact your insurance. Reporting the accident is easy enough, but a lawyer can help you make the report while protecting your interest against the insurance company that may use it against you later. Do not admit any fault or blame to an adjuster or claims representative. Common Causes of Pedestrian Accidents in Columbia Pedestrian accidents in Columbia are caused by a variety of factors. Most stem from being hit by a car due to a driver’s recklessness or negligence. Impaired Driving Impaired driving is extremely reckless and leads to many pedestrian-automobile collisions. Alcohol and drugs impair a driver’s judgment, vision, coordination, and reaction times. Both high and drunk driving create dangerous conditions for pedestrians. Weather and Light Conditions Harsh weather and low light conditions can make it difficult for drivers to see. If a driver does not adjust his or her speed for such things as fog, heavy rain, or darkness, he or she may not be able to avoid a collision with a pedestrian until it is too late. Negligent Driving Distracted driving can be as dangerous as impaired driving. Distractions (such as phone, arguing with a passenger, eating, personal grooming, etc.) limit reaction times in emergencies no less than drugs or alcohol. Speeding Speeding can lead to disastrous results in any kind of accident. Not only does speed reduce reaction time in an emergency, but it increases the impact in an accident. The higher the speed, the worse the injuries. Because pedestrians are fully exposed to the car’s impact, severe injuries like traumatic brain injuries are common when drivers exceed the speed limit. Failing to Yield Pedestrians have the right of way on crosswalks, but some negligent drivers do not seem to care. Many careless drivers strike pedestrians who are lawfully in the roadway because they failed to yield the right of way. Disobeying Traffic Signals Road signage and signals are there to protect travelers, and that includes pedestrians. Drivers running red lights or stop signs put pedestrians crossing the street during a walk signal at risk of being hit by a car. Failing to Signal Turn signals are essential for notifying those surrounding you what your intentions are. Failing to do so could surprise other travelers in the area, which is why traffic laws demand proper signaling. This can be particularly damaging for pedestrians who are not expecting a vehicle to turn in front of them. Common Injuries in a Columbia Pedestrian Accident As a pedestrian, you are more vulnerable to car accidents. You have no protection against a car that is bigger and faster than you. Even if you see the car coming, you may not have time to move before you’re struck or clipped, and it doesn’t take a great deal of speed for an object more than 2,000 pounds heavier than you to cause severe injuries. Truck accidents can be particularly damaging. Some injuries are unique to pedestrian accidents and can do significant damage. For example, if you’re hit by a car while walking, you might suffer pelvic injuries from the impact of the car. Because of how these fractures happen, you might suffer complex organ damage, bone fractures, and bleeding, which could require multiple surgeries to repair. What Kinds of Pedestrian Injuries Qualify For Compensation? If you suffered any of the following injuries, among others, you may be eligible for compensation in Columbia, South Carolina: Head trauma Spinal cord injuries  Broken bones Internal bleeding Pelvic injuries Who Is At Fault in a Columbia Pedestrian Accident? South Carolina has adopted the comparative negligence doctrine when determining fault in any accident. Fault is applied in percentages to the parties involved based on how much they contributed to the accident. An accident victim with any percentage of responsibility for the accident can lose out on potential compensation. How is Compensation Determined in Pedestrian Injury Claims? For example, imagine you were awarded $10,000 in damages after an accident for which you were found to be 10%. The other driver’s negligence was deemed 90% responsible. In that case, your verdict would be reduced to $9,000 instead of $10,000 because 10% was deducted based on your contribution to the accident. South Carolina has also modified the rule so that a person who is primarily responsible for the accident cannot recover at all. If you were injured and were found to be greater than 50% at fault in an accident, you will not be able to get any compensation. What If The Pedestrian Was Liable For a Car Accident? While pedestrian accidents are often the driver’s fault, it is possible for the pedestrian to be at fault. For example, if an accident occurs in an area where foot traffic is prohibited, such as a highway, the pedestrian could be partially liable. This also applies if the pedestrian is illegally crossing the street. Legally speaking, pedestrians are only permitted to cross at designated crosswalks. What to Do in a Pedestrian Accident With an Underinsured or Uninsured Driver South Carolina law requires all licensed drivers to carry at least $25,000 in uninsured motorist (UM) coverage specifically for these kinds of incidents. If you are injured by an uninsured driver, you may be able to file an injury claim on your own uninsured motorist (UM) policy even though you were not driving a vehicle yourself. How to File a Pedestrian Accident Claim in Columbia, SC After a pedestrian accident, you may need compensation that covers your losses. Unfortunately, you may not know how to file a lawsuit and what your claim is worth. Worse, it’s easy to lose your compensation if you take part of the blame for your injuries. That’s where a Columbia pedestrian crash attorney can help. We understand that you’re dealing with devastating injuries, which get expensive quickly. We also understand your compensation could be reduced or dismissed if you don’t fight back. Your lawyer can fight for you. We have the tools to calculate the value of your losses and the experience to build a case for your unique claim. What Evidence Is Important in a South Carolina Pedestrian Accident Claim? Several pieces of evidence can help your pedestrian accident case, and the evidence can be broken down into two primary categories. Evidence of the Accident Evidence from the accident itself may be essential for your case. This can include photos of the accident and photos of the injuries sustained in the accident. Witness testimony can also play a role here. If you were fortunate enough for the accident to occur in front of a security camera, that footage can play a major role in your case. Evidence of Your Losses To pursue compensation, you will need to provide evidence of concrete losses from the accident. This includes medical bills along with medical evaluations of your injuries showing the damage sustained. Additionally, you may provide bank statements that show lost wages if the injury prevented you from working. How Much Can I Get for My Pedestrian Accident Injuries? The total amount you can receive from a pedestrian accident lawsuit will vary based on the nature of the incident. There are three primary kinds of financial compensation. Economic Damages Economic damages are the costs you suffer that are concrete and easily quantifiable. These include medical bills and lost wages. Non-Economic Damages Non-economic damages do not easily translate into a specific dollar amount. These kinds of damages can include pain and suffering, emotional distress, and the loss of companionship of a loved one in the case of a wrongful death or seriously debilitating injury. Punitive Damages Punitive or exemplary damages are damages that are imposed upon a liable party in order to punish them for his or her wrongful conduct with the hope that it will change behavior in the future. Punitive damages are rare in South Carolina. The Statute of Limitations for Pedestrian Accident Claims in Columbia In the wake of a pedestrian accident, you will generally have three years from the date of the accident to file your claim. This is the statute of limitations for personal injury cases. In instances of wrongful death, the three-year limitation does not begin until the date of death, even if the death occurred days after the accident. If you are injured by a government vehicle, you may have only two years to bring your claim. Will I Need to Go to Court to Settle a Pedestrian Accident Claim? You will not necessarily have to go to court to settle a Columbia pedestrian accident claim. It is entirely possible to reach a settlement with the insurance company before it gets that far. Not all cases are so easily settled, though. HawkLaw has years of experience litigating for victims of catastrophic injuries. We will fight doggedly for your rightful compensation. The Importance of Having a Columbia Pedestrian Accident Lawyer Represent You When you have a South Carolina pedestrian accident attorney from an experienced law firm representing you, you will find yourself in a much better position throughout the claim process. Not only will a personal injury lawyer provide you sound legal advice, whether you’re dealing with the adjuster or the court, but a lawyer can also take care of all the work for you, including communicating with the other party, the police, insurance companies, and opposing lawyers. We Can Help You Get Back on Your Feet If you’ve been injured while on a walk in Columbia, you might be devastated by the injuries and suffering you’ve experienced. Worse, you may struggle to get answers from the responsible party, not to mention the compensation you need for your losses. If you’ve been hurt by a driver as a pedestrian, a lawyer from HawkLaw, P.A. can help you recover. We offer free case evaluations*, which means we can talk to you about your legal options before you decide to work with us on your injury lawsuit. When you’re ready, call a Columbia pedestrian accident lawyer at 1-888-HAWK-LAW (429-5529) or complete the online form below to schedule your free consultation* and begin your case. ### Bicycle Accident Lawyer Columbia Stay Vigilant When Riding a Bicycle on the Road Riding a bicycle on the road can be more dangerous than you might think, leading to catastrophic injuries. More than 900 bicyclists were killed in traffic accidents in 2021, according to the National Highway Traffic Safety Administration (NHTSA). To avoid incurring a personal injury when biking, it is best to abide by a few standard practices. These include wearing brightly colored clothing, checking your tires and brakes before riding, and looking twice when exiting a driveway or going through intersections. South Carolina Helmet Laws One of the most obvious safety tips to follow to avoid personal injury is to always wear a helmet when cycling. In terms of legality, however, South Carolina law has no requirement for bicyclists to wear helmets. This is a bit more relaxed compared to many other states, and it may be a contributing factor in the prevalence of bicyclist fatalities relative to other states. Most bicycle accident disfigurements and fatalities occur due to head injury, so a helmet should always be worn to keep yourself safe, as many personal injury accident victim testimonials will tell you. Common Causes of Bicycle Accidents Bicycle accidents in Columbia, South Carolina, can turn from a personal injury to a fatality very quickly, so it is important to be aware of some of the most common causes so you can remain vigilant. Here are the most common causes of bicycle accidents. Not Yielding Yielding is an important part of driving on any roadway that involves merging traffic. All drivers must yield to oncoming traffic, and that includes bicycle traffic. Roundabouts and merging lanes are where these accidents occur most often. Weaving Through Traffic Particularly impatient motor vehicle drivers who weave through traffic are already putting themselves and others at risk, but this kind of driving can be especially troublesome for cyclists. A vehicle weaving through traffic will be less likely to pull off evasive maneuvers and could drift into shoulders and bike lanes easily. Reckless Driving Reckless driving comes in numerous forms and is the cause of many accidents and personal injuries. This can include driving while fatigued or impaired or instances in which the driver simply shows a disregard for the duty of care that is expected of them on the road. Failure to Obey Traffic Laws Traffic laws, like stopping at a red light, exist to keep people safe on the road, and failing to obey them can lead to all sorts of accidents. These accidents can be more dangerous for cyclists because they do not have the protection of a car around them to help prevent severe injuries. Right Hook Right hook maneuvers can be very harmful to bicyclists. When a cyclist is near the shoulder or in the bike lane, a car turning right at an intersection without giving proper consideration to the cyclist and their right of way may end up cutting off the cyclist, causing them to crash. Left Cross A left cross accident is one in which a negligent driver hits a cyclist while the driver is making a left turn across the lane the bike is in. These collisions can be fairly damaging, so it is doubly important for all drivers to look twice before turning left. Distracted Driving Driving distracted can be as bad as driving while impaired, as it takes away valuable reaction time that could be used to avoid an accident. Whether a driver is on their phone or having a conversation, failing to focus on the road can be dangerous to cyclists and other motorists. Bicycle Accident Injuries When you’re hit while riding your bicycle, your injuries will need to be your first concern. You might have been wearing a helmet, which can help prevent more serious head trauma, but it might not stop other injuries. You won’t have airbags or seat belts to protect you from major trauma like you would if you were in a car accident. This trauma can affect your life moving forward. Some injuries may be permanent or may worsen if not treated immediately. That could leave you affected by your accident years after, and this trauma can have both physical and mental effects. If you suffered any of the following injuries (or others), seek out a Columbia bicycle accident lawyer from an experienced law firm after you receive medical care: Traumatic brain injury Broken bones Spine injury Internal bleeding Friction burns Who’s at Fault in a Columbia, South Carolina, Bicycle Accident? Fault in a South Carolina bicycle accident is determined by the individual nature of each accident. Most of the time, however, the motorist is at fault for failing to properly yield to cyclists. The motorist may also have been impaired or violated other traffic laws that led to the bicycle accident. Still, bicyclists may be at fault in certain situations. Bicyclists are held to the same standards as everyone else on the road, which means they have the same rights to protect themselves and the same responsibilities to others. If an accident was caused by the cyclist acting in a reckless manner or otherwise failing to meet their standard of care toward others, they could be held liable with no at-fault driver in the scenario at all. What if I Was Lane Splitting While on My Bicycle and Was Hit? Lane splitting involves riding a bicycle between lanes of traffic. If you were hit while lane splitting in South Carolina, you will likely be held liable for any damages, as it is explicitly illegal in the state. While it is possible that the other driver involved in the accident could be at fault, too, lane splitting is considered to be a form of reckless driving in South Carolina, and it can lead to serious brain injuries. What if I Was on an E-Bike and Got Hit? Columbia e-bikes have similar rules for riders as standard bicycles, provided they aren't of a particularly high wattage. E-bikes with greater than 750 watts of power are instead treated like mopeds on the road. Given that e-bikes do not need to have their own insurance in South Carolina, you do not need to have a license to ride them. As a disclaimer, this will not necessarily bar you from receiving personal injury compensation as an accident victim after a collision. Seeking Compensation For Your Columbia Bike Accident Once you’ve been treated for your injuries, it’s time to consider the damage done to you and your future for the purposes of your catastrophic injury claim. These losses, or damages, should include both the economic and non-economic damages you’ve suffered in Columbia. The financial losses might be easier to calculate. These recoverable damages should include anything you would have spent money on to replace or repair after the accident. For example, this might include the cost to repair your bicycle, your medical costs, and your lost wages if you’re unable to work. However, your losses don’t end there. You might be in severe pain, or you might be suffering emotional trauma because of your bike crash. While these losses don’t have a price tag attached, they do impact your life. Speak to your Columbia, South Carolina lawyer at HawkLaw for a free consultation* with our law firm if you’re not sure what these losses are worth. In South Carolina, Can a Cyclist Get Auto Insurance? Yes, cyclists can get auto insurance. In fact, you may find that your auto insurance policy covers bike accidents as well. Still, it might not, so it is always best to check your policy details before riding. Keep in mind that insurance companies exist not only to protect others from accidents you cause but also to protect you from accidents and serious injuries caused by other automobiles. Regarding the latter, it may not matter if the other motorist hit you while you were driving, walking, or riding a bike. Your medical expenses may still be covered with a Columbia personal injury claim. What Do Motorists Need to Know When They Encounter Bicyclists on the Road? The most important guideline to keep in mind when encountering bicyclists on the road is to maintain a space cushion. By leaving plenty of space between you and the cyclist, you can offer yourself plenty of reaction time should something go wrong to avoid personal injury, including serious ones like brain injuries. Rules for Bicyclists on Columbia’s Roads When you take your bicycle out on the road, you are subject to all the same traffic laws that vehicles are. While maintaining your safety requires some unique practices, the laws regarding how bicycle riders are permitted to travel on the road are the same as those for motor vehicles. Contact a Columbia Attorney after a Bicycle Accident The aftermath of a bicycle wreck in South Carolina can be overwhelming. You only had a small amount of protection, if any at all, and now you’re suffering from major injuries. Worse, it’s not easy to get the compensation you deserve. The responsible party may even try to fight back. The Columbia, South Carolina lawyers at HawkLaw understand how difficult that can make your recovery. That’s why we’re focused on helping bicyclists like you get the funds they need to deal with a serious bike crash. Ready to act now? Your Columbia bicycle accident lawyer is ready now to speak with you about your claim. To get started with a free consult* about your crash case, reach out to our law firm by calling 1-888-HAWK-LAW (429-5529) or by completing the online contact form. When Traffic Doesn’t See You, Know That We Will The HawkLaw, P.A. law firm knows how devastating a personal injury or brain injury from a bicycle accident can be, whether you are worried about medical bills or going through the wrongful death of a loved one. That's why the personal injury lawyers at our law firm are prepared to help you through your case, from a free case evaluation* and legal advice to a settlement, letting you focus on recovery. We have years of experience representing Columbia victims of negligence and understand Columbia bicycle accidents are preventable, and you can bet that we have likely seen an injury like yours in the past and know which legal options to pursue. Get in touch with our law firm team today to schedule a free consultation and case review*. ### Car Accident at Work in Spartanburg If you're in a car accident at work in Spartanburg, it can be tough to determine who's liable for your crash and what you'll need to do about it. Fortunately, our lawyers at HawkLaw, PA can help. We understand that a car accident can be a complex case. Fortunately, you'll have a chance to get the full compensation you deserve with an attorney's help. If you're struggling with your case, reach out for help determining the best options for your accident claim. Who's Responsible for Your Work Accident? Because a car crash can be caused by multiple factors, you'll first need to determine who caused the accident and who's responsible. The cause of your car wreck will help you determine the best way to seek out the funds you need for your recovery. An accident that happened in the course of your employment is typically the responsibility of your employer. They're liable for injuries that happen while their employees are on the clock, so if your accident was a result of your work, you may need to file a Spartanburg workers' comp claim. However, your injuries may be the fault of a third party. For example, another driver may have caused the accident, or a parts failure may have caused you to lose control of the vehicle. In these cases, you may be eligible for a Spartanburg personal injury claim. Seeking Compensation after an On-the-Job Wreck Once you and your Spartanburg lawyer have determined the best way to approach your claim, you'll need to take action for your compensation. However, the best method for you will depend on your case. If you were injured in a work accident and your employer is responsible, you'll need to file a workers comp claim within ninety days of the accident. Once you've done so, the insurance company will determine what benefits you qualify for and provide them. A car accident claim may be more complicated. The responsible party is also responsible for your recovery, but they may not be willing to compensate you. You may need to take your claim to court, providing evidence that you were injured by their negligence. Get Legal Help for a Work-Related Car Crash When you're hurt in a car accident at work in Spartanburg, recovering can be a difficult and confusing process. Your car crash could have been caused by many different factors, and every claim will be unique. You don't have to figure out your claim alone, though. At HawkLaw, PA, we want you to have the chance to focus on your recovery, not just your claim. As such, we offer free consults before you sign anything. We want you to know what we can do to help you get the compensation you need to recovery. To begin with your Spartanburg lawyer, give us a call at 1-888-HAWK-LAW (429-5529) or complete the following online form. ### Spartanburg Traumatic Brain Injury Lawyer At HawkLaw, we fight for people just like you who have been seriously injured through no fault of their own. Don’t lose time worrying; call us today to learn how we can help. What Is a Traumatic Brain Injury? A traumatic brain injury (TBI) happens when an impact, jolt, or penetrating injury disrupts normal brain function. According to the Mayo Clinic, TBIs vary from mild concussions to extreme brain damage, depending on the force of the injury and the extent of the brain's impairment. Traumatic brain injuries often result from accidents such as falls, car crashes, or violent blows to the head. There are two primary types of TBIs: Closed Traumatic Brain Injuries. A closed TBI occurs when an outside force causes the brain to race within the skull, leading to bruising, swelling, or shearing of brain tissue. These injuries do not involve a skull fracture but can be just as dangerous as open TBIs. Open (Penetrating) Traumatic Brain Injuries. An open TBI happens when an object penetrates the skull, directly damaging the brain. These injuries are often caused by gunshot wounds, sharp objects, or severe impacts that fracture the skull. Open TBIs expose brain tissue, carry a high risk of infection, and typically require immediate medical intervention. Kinds of Traumatic Brain Injuries Traumatic brain injuries vary in type and severity, with each affecting the brain differently. Concussion A concussion is a mild form of TBI resulting from a blow or jolt to the head, causing the brain to race within the skull. Symptoms may include headaches, confusion, dizziness, and temporary loss of consciousness. While often considered minor, repeated concussions can have cumulative, serious effects. Contusion A contusion is bruising to the brain tissue, normally provoked by a direct impact on the head. This bruising can lead to bleeding and swelling within the brain, potentially increasing intracranial pressure. Depending on the severity, contusions may require surgical intervention to alleviate pressure. Hematoma A hematoma occurs when blood collects outside the blood vessels, leading to dangerous pressure on the brain. Depending on where the bleeding occurs, there are different hematomas, including epidural, subdural, and intracerebral hematomas. Symptoms can range from mild confusion to life-threatening unconsciousness, and in severe cases, emergency surgery may be required to remove the clot and relieve pressure. Diffuse Axonal Injury (DAI) Diffuse axonal injury happens if the brain encounters rapid acceleration or deceleration, causing the brain structures to tear. This type of injury is common in high-speed car accidents and can result in widespread brain damage, leading to prolonged unconsciousness or coma. DAIs are serious injuries with a variable prognosis. Penetrating Injury A penetrating injury happens when an object pierces the skull and enters the brain tissue. Examples include gunshot wounds or stab injuries. These injuries often cause focal damage, leading to specific neurological deficits depending on the affected brain area. Immediate medical attention is critical to manage bleeding and prevent infection. Second Impact Syndrome Second impact syndrome is a serious condition, although rare, that occurs when an individual sustains a secondary concussion before recovering from the initial concussion. This can result in severe, rapid brain swelling, often with catastrophic results. It underscores the importance of proper recovery time following a concussion. What Are the Effects of Traumatic Brain Injuries? TBIs do not just affect your head—they impact your entire life. Your brain is the command center of your body, controlling everything from movement and speech to memory and emotions. When that control is disrupted, even the simplest tasks can feel impossible. Even a mild concussion can throw your world off balance. You might struggle to concentrate at work, follow conversations, or tolerate bright lights and loud noises. Daily life becomes frustrating, and these symptoms don't disappear overnight for many. The brain needs time to heal; recovery can feel slow and uncertain. For those who experience the worst brain trauma, the consequences can be even more devastating. You may experience cognitive impairments, physical limitations including loss of coordination, speech and communication struggles, and emotional and behavioral changes. For many brain injury victims, the effects aren't just physical or mental; they're deeply emotional. Losing independence, struggling to work, and feeling disconnected from loved ones can take an enormous toll. That's why understanding the full impact of your losses is so important when seeking compensation. A Spartanburg brain injury lawyer can help confirm that your claim accounts for every hardship you face—now and in the future. Why You Really Want a Spartanburg Brain Injury Lawyer If Your Child Is the Victim When a child suffers a pediatric brain injury, the long-term outlook can be overwhelming. Unlike adults, children's brains are still developing, meaning damage incurred at a young age can compound over time, becoming a more severe diagnosis. What may seem like a mild injury today could lead to severe cognitive, emotional, or physical challenges years later. Brain injuries in children can have a lasting effect: Cognitive Development – Learning difficulties, memory problems, and delays in reaching developmental milestones. Emotional and Behavioral Growth – Increased risk of mood swings, attention deficits, or personality changes that can impact school and relationships in childhood and throughout life. Physical Abilities – Issues with motor skills, coordination, and long-term disabilities that could affect independence. Since children's brains are incredibly plastic, they have a strong ability to recover—but that recovery takes time, therapy, and significant medical care. This is why working with a Spartanburg pediatric brain injury lawyer is essential. At HawkLaw, we understand how critical it is to secure compensation for long-term needs, including specialized education, ongoing medical treatment, and future quality of life. What Are the Causes of Traumatic Brain Injury? Traumatic brain injuries can occur suddenly, but their effects can last a lifetime. When someone else's negligence causes a head injury, you may have grounds for legal action. Common causes of TBIs that warrant legal action include: Motor Vehicle Accidents Car, motorcycle, and truck accidents, and even Uber and Lyft accidents, can cause severe brain injuries due to the force of impact. Pedestrians and cyclists may be at even greater risk. Whiplash, striking the head against a hard surface, or being ejected from a vehicle can all result in TBIs. You may have a strong case if another driver was reckless or negligent. Slip-and-Fall Accidents Falls are one of the most common causes of TBIs, especially among the elderly and young children. Property owners must maintain safe premises. If you or a loved one suffered a brain injury due to negligent maintenance, wet floors, poor lighting, or unsafe conditions, you could have a premises liability claim. Workplace and Construction Accidents Brain injuries in the workplace—particularly in construction accidents—often happen due to unsafe working conditions. While workers' compensation may cover some expenses, it's not always enough. If a third party, such as a contractor or equipment manufacturer, was negligent, you may be entitled to additional compensation. Violent Assaults Physical assaults, including blows to the head or being violently shaken, can cause significant brain trauma. Victims of assault have recourse to file civil and criminal charges against the perpetrator or any party that contributed to unsafe conditions. Dog Attacks and Animal Bites Severe dog bites or attacks can lead to head injuries, particularly in small children. If a dog owner fails to restrain a dangerous animal and causes a traumatic brain injury, they can be held legally responsible for damages. How Much Is My Spartanburg TBI Injury Case Worth? When you’ve suffered through a serious brain injury, you’ll need to fight back for the full compensation you deserve. Unfortunately, that’s tough for head trauma victims. Not only are you balancing your recovery and your lawsuit, but you’re dealing with a traumatic head injury. As such, you’ll need help to seek out the full compensation you deserve for your losses. That means seeking both your economic, or financial, damages and your non-economic, or emotional and intangible, damages. At HawkLaw, our traumatic brain injury lawyers in Spartanburg fight for maximum compensation for our clients, seeking damages for: Medical expenses Costs for rehabilitation Household accommodations Mental anguish Pain and suffering Loss of enjoyment of life Do You Have a Traumatic Brain Injury Lawyer Near Me? HawkLaw's traumatic brain injury lawyers serve the greater Spartanburg area from its office at 5506 Reidville Rd, in Moore, SC. There’s plenty of onsite parking available. We also have offices in Greenville, Columbia, Charleston and Anderson to better serve our clients throughout South Carolina. Contact a Spartanburg Brain Injury Lawyer at HawkLaw today When you’ve been hurt by another person in Spartanburg, your injuries could deeply affect your life following the accident. Head trauma in particular can be difficult to overcome, since your mental processes are affected. Fortunately, a Spartanburg brain injury lawyer from HawkLaw, PA can help. We understand how severe your damages are and we’ll fight to get you the compensation you deserve. Get started with a free consultation*, and you’ll know exactly what to expect from your attorney before you sign or file anything. Call or contact us today. ### Work Illness Lawyer Greenville In the past, a worker would have to sue their employer if they were injured or became ill because of their job. It was required to show the employer was negligent, and the process took a great deal of time. Employees struggled to pay their bills, and they underwent financial hardship because of these issues. That’s why workers compensation was created. It allows injured workers to receive benefits when they are injured because of their work duties. As an added bonus, an employee doesn’t have to prove negligence in order to receive benefits; in fact, the employee could have even caused the accident. Workers compensation is provided to employees in Greenville regardless of who caused the accident. Submitting a workman’s comp claim can get your medical bills paid and can allow you to receive cash benefits to replace your wage loss. Claims can be denied, though, so it’s a good idea to work with a Greenville work illness lawyer at HawkLaw, PA. Occupational Diseases That Are Covered under Work Comp in SC Workplaces can expose workers to dangerous fumes, chemicals, and other hazardous materials that could cause you to become ill. That’s why certain types of illnesses and diseases are covered under workers comp. For instance, you could become ill if you’re exposed to asbestos. No matter what type of disease or illness you’ve sustained as a result of your job, your Greenville work illness attorney will work to see that your workers compensation claim is approved. You need the benefits to help you and your family while you’re recovering from your illness. Some common types of occupational diseases that are covered under South Carolina law are listed out for you below. Skin cancer Mesothelioma Lung cancer Lead poisoning Hearing problems Vision problems Skin diseases Benefits You Could Receive if Your Greenville Work Illness Claim Is Approved Your injury or illness has likely caused you to lose out on work wages, and you will probably require expensive medical treatment to help manage or cure your disease. A Greenville occupational illness lawyer can help you to submit your workers compensation claim so that you can receive the benefits you need to pay for these losses. Workers compensation provides for your medical treatment costs, and you can receive money to replace your lost wages (up to certain limits). In serious cases, you could also be entitled to disability payments. Reach Out to a Work Illness Attorney in Greenville, SC South Carolina created workers compensation laws to protect those who are injured or become ill because of their working conditions. You deserve to receive benefits that will pay for your medical treatment and lost wages while you’re recovering. Make sure that your insurance claim doesn’t hit a snag by getting an attorney’s help. To reach a Greenville work illness lawyer from HawkLaw, PA, call 1-888-HAWK-LAW (429-5529) or fill out and send over the case review form below. ### Brain Injury Lawyer Greenville Your brain controls almost every aspect of what makes you you, and injury to your brain can be life-changing. When the brain damage you’ve suffered was caused in an accident not of your making, you have options. You can file a claim or lawsuit in Greenville against the person responsible for the accident, and if you win, you’ll receive justice and monetary compensation. No amount of money could ever make what happened to you okay, but it can help you to move beyond this accident and on with your life. You will likely be dealing with financial losses following your brain injury, such as medical care costs. You will also be dealing with other negative effects for which a monetary figure cannot truly be assessed. Nevertheless, a settlement is owed to you for what you’ve endured, and it may be the only justice you’ll receive. Get help with your injury claim by working with a Greenville brain injury lawyer from our firm. How Can a Greenville Brain Injury Affect Your Life? Brain damage can cause great suffering for you, as your brain controls every aspect of your being. Damage to the brain can affect your coordination, motor skills, memory, cognition, personality, mood, and so much more. How your brain injury will affect you depends on what area of your brain was damaged in the accident. Brain injuries can be mild, moderate, or severe, but no matter what type of brain injury you’ve suffered, you can receive a settlement by winning your injury claim. Your Greenville brain damage attorney will do everything possible to see that you win your claim and receive the money you need to deal with your brain injury. Filing a Claim for a Head Injury in Greenville Winning monetary compensation can’t make the accident go away, but it can help you and your family to face your life following a brain injury. The money can be used to pay for your medical treatment, your lost income, cognitive therapy costs, and other monetary losses you’ve faced. You also deserve to be financially compensated for the negative way this accident has affected your life. You can be compensated for your physical pain, the injury itself, lost life enjoyment, and other non-financial effects. Your Greenville brain trauma lawyer is ready to fight to see that you are adequately compensated for an injury you’ve sustained but didn’t cause. Partner with a Brain Injury Attorney in Greenville, South Carolina Your head injury has likely caused you to suffer in many ways. You could be dealing with memory or cognition issues; the brain trauma could cause you to be unable to work for a time; you could require cognitive therapy to help retrain your brain to function the way it used to. The losses you’ve faced were not of your making, and you deserve compensation for what you’ve been through. Filing an injury claim is your right, and a Greenville brain injury lawyer can help you to receive the positive outcome you’re after. Contact HawkLaw, PA to receive a free case consultation. Call us at 1-888-HAWK-LAW (429-5529), or fill out the online submission form down below. ### Spinal Injury Lawyer Spartanburg Have you sustained a spinal cord injury because of an accident caused by another? You might be owed compensation for your accident and the injuries you’ve faced. Submitting an injury claim in Spartanburg against the person who caused the accident is your right. The personal injury claim process can be overwhelming, so it’s advisable you get legal help with your case. A Spartanburg spinal injury lawyer from our office can assist you in a number of ways. We can look into the cause of your accident and find out who could be liable for your injuries; we can help you put together your case, including filing claim paperwork; we can argue your claim with the at-fault party’s insurer and see that you get the settlement you deserve. Accidents That Could Cause Spinal Damage in Spartanburg, SC A spinal injury can happen in many different types of accidents, and which type of accident you were injured in will affect your claim. For instance, if you were hurt in a car crash, laws pertaining to vehicle collisions will be a factor in the compensation you can receive. No matter what type of accident you were injured in, a Spartanburg spinal damage lawyer will be able to help. They know the laws in South Carolina and will be able to apply them to your injury accident claim. Listed below are some common types of accidents that can lead to spinal cord damage for victims. Car wrecks caused by drunk drivers, speeding drivers, distracted drivers, or other negligent drivers Slip-and-fall/trip-and-fall accidents Motorcycle collisions Premises liability cases Bicycle accidents Commercial trucking accidents Medical negligence Workplace accidents Damages You Can Recover When You Win Your Spartanburg Injury Claim The amount of losses you could be facing following a spinal cord injury could be great. Injuries of this magnitude can change your life forever, and you are owed full compensation for what you’ve endured. You could be missing out on work, or even unable to return to work because of your injury. You could also be permanently injured, which will mean substantial mobility issues for you. It’s your Spartanburg spinal damage attorney’s job to see that you receive the justice and settlement owed to you for an injury caused by another’s negligence. Here are some of the damages you could receive if you win your injury claim. Pain and suffering Lost income and permanent disability Scarring/disfigurement/permanent injury Medical care costs Mental trauma and treatment costs Physical therapy costs Loss of your quality of life Connect with a Spine Injury Attorney in Spartanburg, South Carolina Your spinal cord injury has probably caused great impact to your life. Some spine injuries will lead to life changes for you, and you are owed justice and compensation. Winning an injury claim can be difficult, and you will likely need some help with your case. A lawyer can assist you in holding the at-fault party to account for your suffering. Reach out to a Spartanburg spinal injury lawyer and receive a free case assessment. Call HawkLaw, PA at 1-888-HAWK-LAW (429-5529), or send in the online submission form located at the bottom of this page. ### Work Illness Lawyer Charleston When you’re injured in a work accident, you typically know then that you’re injured and in need of workers compensation. However, a work illness may not be so clear. You may have gotten sick over time, and you may be concerned about your work comp covering an illness. Unfortunately, that makes it more difficult to recover from your suffering. That’s why you’ll need to seek out a lawyer from HawkLaw, PA as soon as possible. A Charleston work illness lawyer can review your claim and make sure you’re eligible for benefits. That way, you have someone on your side who will fight for you. Work Illnesses Covered by Workers Comp When you’ve suffered a work illness, ensuring that you’re covered by your workers compensation is likely first priority. When you’re unable to recover and return to your job without help, it can be stressful for you and your whole family. Fortunately, many work illnesses are covered by South Carolina law. As long as your occupational illness didn’t come from exposure to climatic conditions or from a disease passed among your coworkers, like a cold, you’re likely eligible. For example, you might have been recently diagnosed with mesothelioma, a serious type of lung disease that can be deadly. Because this disease may arise from your work conditions, you may be eligible for workers comp benefits. The Benefits Process When your job leaves you ill, you may be entitled to benefits that can help you recover from your illness. If you’re struggling with your claim, make sure that you’re getting the benefits you deserve, which may include some of the following: Medical Benefits – When you’re made ill by your work, your workers comp should cover your medical bills. All reasonable expenses needed for your recovery should be covered. Partial Disability – In some cases, you may be able to work in a light-duty position, even if you’re unable to return fully to work. Your partial disability benefits can cover some of the difference between your original wages and your new wages. Total Disability – In other cases, your illness may make it impossible to return to work in any capacity. In these situations, your total disability benefits will cover two-thirds of your wages before the illness. Contact a Charleston Lawyer for Help When you’re suffering from a work illness in Charleston, it can be tough to get the full compensation you deserve after your injuries. Determining the cause of an injury may be easier than determining an illness’s cause, so you might struggle to get the workers comp benefits you deserve. Fortunately, your attorney from HawkLaw, PA can step in. We understand that you may have plenty of questions about your workers comp, and we can help. Take advantage of your free consultation to learn what we can do for you. If you’re ready to fight for your compensation, your Charleston work illness lawyer is ready to help. Reach out by calling 1-888-HAWK-LAW (429-5529) or by completing the following online form. ### Medical Malpractice Lawyer in Charleston A doctor’s visit should give you the answers you need when you’re sick or injured. Instead, you left the hospital or their office sicker than before. Unfortunately, this may be a sign that you have suffered from medical malpractice. When you suspect that your doctor or another medical professional has engaged in malpractice, you may need an attorney from HawkLaw, PA on your side. Your Charleston medical malpractice lawyer can help answer your questions about medical malpractice and what you can do to fight back. Bring your questions to our attorneys, and we’ll guide you through your Charleston injury claim to work to get your compensation. What Is Medical Malpractice? Medical malpractice in Charleston SC can be difficult to determine, because not every mistake or misdiagnosis is malpractice. Medical malpractice is instead determined by whether your doctor acted reasonably to handle your case. For example, your doctor might have explored every possible reason for your symptoms, and the test results suggested you suffered from one disease. However, perhaps it became clear after treatment that you were suffering from something else. Because your doctor gave you the reasonable care you deserve, you may not be eligible for compensation. However, if your doctor didn’t give you the attention and care you needed, they may be responsible for your injuries. For example, if they didn’t test for every possible condition, they may be found negligent and liable for your injuries. Below are a few examples of medical malpractice you might be facing: Surgical tools left inside your body Misdiagnosis or delayed diagnosis Birth injuries Failure to treat Medical product defects Establishing Liability from Medical Malpractice Cases in Charleston Medicine is uncertain by nature. Many diseases and conditions have symptoms that mirror those of other conditions, making correct diagnoses difficult in many situations. Doctors must use a process of elimination to determine the most likely causes of patients’ issues. Some patients are extremely difficult to diagnose, and many are even more difficult to properly treat, but doctors must make every effort to do so in good faith using treatments approved by the medical community. Proving malpractice is similar to the process of proving negligence in other personal injury lawsuits. If you find yourself in a medical malpractice lawsuit, a reputable Charleston medical malpractice attorney can help guide you to a satisfactory result. First, your attorney must prove that you and the defendant had an official patient-doctor relationship. This is typically the least difficult factor to establish. Next, your attorney must prove the defendant was negligent in some way. Some examples of doctor and health care professional negligence include: Failure to diagnose or delayed diagnosis. Doctors must treat patients quickly while maintaining accuracy. This is often difficult, but doctors hold to higher standard of reasonable care than other individuals and thus have a duty to make every effort to fully and accurately diagnose their patients. A delayed diagnosis can exacerbate a patient’s condition, and an incorrect diagnosis can lead to improper treatment and additional injuries or illnesses. Surgical errors. Surgeons sometimes leave medical devices and tools inside of patients after closing their surgical incisions. These devices can cause serious issues and necessitate additional surgeries. Improper treatment. Doctors must use established and scientifically proven treatments for medical conditions. While some patients may display atypical symptoms or other variables, doctors must treat all patients in a manner consistent with what any other “reasonably skilled” doctor would in the same situation. Failure to obtain informed consent. Patients have a right to know the details of their condition and treatment options. Doctors must fully inform patients of all risks and side effects associated with any treatment plan so patients can make informed decisions about their health. Some risks may deter patients from agreeing to certain treatments, so it is the doctor’s duty to make patients fully aware of all possible results. Gross negligence. Although generally uncommon, gross negligence occurs when a doctor or healthcare professional makes an error that even an untrained individual could have noticed. An example could be a doctor reading a patient’s x-ray backward and amputating the wrong limb. Your Medical Malpractice Lawsuit Medical malpractice cases differ from other personal injury lawsuits in several ways. Most states have specific rules for filing medical malpractice lawsuits, and these cases typically hold to a shorter statute of limitations than other personal injury claims. The statute of limitations for personal injury lawsuits is usually two years from the date of the incident or the date an injury or illness manifested (also known as the “date of discovery”). For medical malpractice claims, the statute of limitations may be as little as six months. Medical malpractice claims must also often pass through special malpractice review panels before a lawsuit can proceed. These panels basically review the evidence of a case and any associated testimony from expert witnesses to determine whether or not malpractice occurred. Finally, medical malpractice claims must adhere to special notice requirements, and the plaintiff’s attorney must retain expert witnesses to testify in the case. Expert witnesses in medical malpractice cases generally testify as to whether or not the defendant’s actions were reasonable or ethical given the circumstances. Contact a Charleston Lawyer about Medical Injuries When a doctor acts recklessly, your future health might be on the line. You may be left with serious injuries, trauma, and expenses that can haunt you. You shouldn’t have to deal with these damages alone, so seek out a Charleston injury lawyer from HawkLaw, PA to help. Starting with a free consult, our attorneys can lead you through your claim, making sure you’re fighting for the full amount you deserve. If you’re ready to get the help you need, reach out by calling your Charleston medical malpractice lawyer at 1-888-HAWK-LAW (429-5529) or by completing the online form below. ### Dog Bite Lawyer Charleston Dogs are one of the most common pets you might see, and for many of us, they can be loyal, sweet animals. Sadly, not all dogs are so well-behaved. Instead, you might find yourself dealing with the aftermath of a dog attack. Your injuries might be severe, and if not treated properly, you could suffer from deadly diseases, like rabies. Because of this, you may need the help of a Charleston dog bite lawyer from HawkLaw, PA to help you recover. Our attorneys can help you get compensation from the right person when you’re injured by a dog in Charleston. Liability for Dog Bites When you’re bitten by a dog, who’s responsible? That question will help you with one of your first steps to compensation. You’ll need to know who to file your claim against to get the compensation you deserve, so who’s liable when a dog bites you? Typically, in South Carolina the dog owner has what’s called strict liability for their dog’s actions. Strict liability means that even if they were unaware that the dog might bite, they’re still responsible for the injuries their pet caused. In contrast, some other states use the one-bite rule, which means that they’re only responsible if the dog has bitten someone before. Fortunately, Charleston residents don’t have to worry about only being compensated for a dog that has been repeatedly aggressive. Whether the dog that attacked you has bitten ten people or no one, the owner is still liable for your injuries. Compensation for Your Dog Attack Once you’ve found the owner, you’ll need to ensure you know what compensation to seek out for your claim. You should receive compensation for all damages you’ve suffered, from the economic to the non-economic. First, you’ll need to make sure all your expenses are covered when you’re bitten. Your economic damages should cover all the costs you need to recover, like treatment for potential dangerous diseases. Make sure, however, that you’re also compensated for your non-economic damages. Non-economic damages cover the intangible losses you’ve suffered, like a loss of quality of life. If you’re injured by a dog attack, make sure you get the compensation you deserve, which may include covering the following: Medical expenses Lost income Lost earning capacity Pain and suffering Emotional trauma Seek Out a Charleston Attorney for Dog Bites A dog attack can leave you traumatized and struggling to recover from your injuries. Sadly, that can mean you’ll be facing serious damages for some time after the attack. That doesn’t mean you’ll have to fight back alone, though. Instead, you’ll need to fight back with the help of a lawyer from HawkLaw, PA. Our attorneys can guide you through your claim, starting with a free consultation. We’ll fight for you so you can focus on more than your lawsuit. If you’re struggling to recover from a dog attack, reach out for help. Your Charleston dog bite lawyer can help you soon when you call 1-888-HAWK-LAW (429-5529) or fill out the online form below. ### Columbia Spine Injury Lawyer A spinal cord injury can leave you with permanent impairment. When someone is reckless and leaves you with such a serious injury, a Columbia attorney can help you recover compensation. When you’ve suffered a traumatic accident, your injuries could haunt you for a long time after the incident. In some cases, like with many spinal injuries, you might be facing a lifetime of dealing with pain. Unfortunately, that makes your recovery difficult. You’re facing high medical expenses and other damages, but your accident was someone else’s fault. Instead of accepting the costs of your back injury, seek out legal help from a Columbia SC spine injury lawyer from HawkLaw, PA. What is a Spinal Cord Injury? A spinal cord injury is any injury that causes damage to the spinal cord, which is the central passageway for your nervous system. This kind of damage can be direct, or it can be damage to the surrounding areas that causes excess pressure to be placed onto the spinal cord. The severity of a spinal cord injury is typically determined by how many vertebrae are affected by the injury. With 33 in total, any one of them being affected counts as a spinal cord injury. How Common Are Spinal Cord Injuries Spinal cord injuries are fairly common compared to many other types of injuries. Car accident victims are particularly vulnerable, with these kinds of accidents typically adding 11,000 new spinal cord injury cases each year. These injuries are serious, and their pervasiveness means you will likely need help filing a claim for your injury or on behalf of a loved one who lost everything from their injury in a wrongful death case. Causes of Spinal Cord Injuries When you’re preparing to file your claim in Columbia, SC, understanding who’s at fault for your accident is important. If you’re not sure where to start, make sure you know the cause of your spinal cord injury. The following are a few examples of potential causes of spine injuries: Motor vehicle accidents – A car crash can impact your back, causing severe damage to your spinal cord, with truck accidents being especially dangerous. The force of the collision can even leave you paralyzed. Slip-and-fall accidents – While a slip-and-fall may not seem so serious, it can damage your spinal cord and leave you struggling to recover. A wet floor without any warnings, then, can leave you badly injured. Workplace injuries – If your employer doesn’t take the proper precautions to protect your safety, you might suffer a back injury through a heavy machinery accident, a slip, or a fall from a height. Common Types of Spinal Cord Injuries in Columbia Anytime you injure your back, there is cause for concern. Spinal cord injuries express themselves in various ways, but they all require treatment and can be considered catastrophic injuries. The fragility of the spinal cord can even leave room for medical malpractice in treating these injuries. Here are some of the most common types of spinal cord injuries seen in Columbia, South Carolina among injury victims. Thoracic Injuries Thoracic injuries to your spine involve injuries to the T-1 to T-12 vertebrae. The first five vertebrae host nerves that affect your upper chest, abdominal muscles, mid-back, and the muscles that help you breathe. The rest of the vertebrae in the thoracic section affect back and abdominal nerves mainly used for balance, posture, and coughing. Cervical Spinal Cord Injuries The cervical portion of the spinal cord is the part at the top of your neck encompassing vertebrae C-1 through C-7. These are typically the most severe kinds of spinal cord injuries, given how close they are to the brain. Lumbar Injuries The lumbar portion of your spine is the lower back part consisting of vertebrae L-1 through L-5. This portion of the spine carries the most weight and generally relates to nerve function in the hips and legs. Sacral Injuries At the bottom of your spine lies the sacral section, which includes five bones, S-1 through S-5, that are fused together. Injuries to this area tend to affect nerves connected to pelvic organs. What Are the Long-Term Effects of a Spine Injury? The long-term effects of a spine injury can be severe. Depending on how serious the injury is, your life could be changed forever. Remember, the spinal cord is like the central highway of your nervous system. Damage that enough, and your nerves will not be able to send signals from your body to your brain, as in cases of paraplegia and quadriplegia. Paralysis can occur in more serious injuries, leaving you unable to move your body to the same degree you previously could. In other instances, you may suffer nerve damage that allows you to move but leaves you with a permanent numbness. Difficulty breathing may also be a side effect, given how spinal cord damage can affect the muscles that control your breathing. Spinal cord injuries can heal in some personal injury cases, but others may have a very long recovery process, even with medical treatment. You could be stuck with your injury for years before returning to any sense of normalcy. In other cases, treatment is simply based on what makes one as comfortable as possible since recovery will not happen with severe injuries. Does a Spine Injury Make Me Eligible For Disability in Columbia, SC? A spine injury could make you eligible for disability in the state of South Carolina in addition to workers’ compensation if it happened on the job. The key to disability benefits is whether or not the injury prevents you from working. Given the severity of spinal cord injuries, it tends to be easier to demonstrate disability than with many other conditions. Even so, you will need to understand which specific kinds of injuries qualify for disability benefits. Proving your disability from a spinal cord injury tends to center around how it affects your ability to work. Nerve root compression is commonly used to showcase limited motion of the spine and motor loss. Pain and burning sensations can also reasonably be argued to prevent one from working properly. Remember that the details of your specific case must be backed by appropriate medical evidence. A Columbia, SC spinal cord injury attorney can work with your doctor to compile the proper evidence. Your Columbia, South Carolina Spine Injury Compensation When you’re hurt in an accident, you’ll need to seek out the full compensation you deserve for your injuries. Unfortunately, it can be overwhelming to keep track of all the expenses you have suffered because of your accident, and that does not include the non-economic damages you should receive as well. For example, your spinal injury compensation should include all the economic damages for your accident. That includes any financial losses, from the initial medical care to your long-term rehabilitation. Make sure, however, that you also include your non-economic damages, though they may not be as simple to calculate. These damages cover your intangible losses, like the pain of your injuries or the loss of your enjoyment of life. Finding the worth of the changes in your quality of life can be tough, however, so reach out to a Columbia, SC spine injury attorney to help calculate your claim’s worth. How Long Do I Have to File a SCI Lawsuit in Columbia, South Carolina? According to state personal injury law, the statute of limitations for a SCI lawsuit in Columbia, South Carolina is three years from the date of the injury. However, you will find an exception if your lawsuit is being filed against a government entity. In that case, you will only have two years from the date of the injury to file your personal injury claim. As a disclaimer, the discovery rule technically starts the countdown when it is reasonably expected for you to discover your injury. Still, the severity of spinal cord injuries tends to place discovery and the injury itself on the same day. A personal injury lawyer can help you file everything on time. Talking With an Insurance Company After Injuring Your Spine Dealing with insurance companies in Columbia, SC is an unfortunate part of any personal injury. The most crucial factor to remember is that insurance companies do not have your best interests in mind. In fact, their entire business model is based on denying as many payouts as they feel they can get away with. An insurance adjuster will always try to lowball you if they offer anything, even for basic medical bills and physical therapy. Always speak with a Columbia, SC spinal cord injury lawyer before talking to your insurance company. You will need to report the injury, but you do not need to accept any settlements immediately. An experienced Columbia, SC injury attorney can negotiate on your behalf and help combat the insurance company's strategy to offer you the least amount of money possible and other relevant legal issues. Speak to a Columbia, South Carolina Attorney for Spine Injuries When you’ve suffered a spine injury, your recovery may not be easy. The physical effects of a spinal cord injury are tough to overcome, so dealing with a lawsuit as well can feel overwhelming. Fortunately, a lawyer from HawkLaw, P.A. can help. When you’re struggling with your spinal injury claim, reach out for a free consultation*. We’ll discuss your claim’s worth and what we can do for you. We want you to know we’re the right attorneys for you before we begin. If you have questions or concerns about your claim, reach out to a Columbia spine injury lawyer by calling 1-888-HAWK-LAW (429-5529) or by filling out the online form below. We've Got Your Back At our Columbia law firm, we know how life-changing a spinal cord injury can be. Given how serious the side effects can be, it can easily become a life-altering event that you will need to deal with forever, and we have heard enough testimonials to verify that. That is why we are so committed to taking care of the process for you with legal representation, leaving you free to hone in on recovery. Get in touch with our South Carolina personal injury attorneys today to take the first steps toward putting the entire incident behind you and moving forward with your life with a free case evaluation* and legal advice. ### Columbia Work Illness Lawyer An injury is serious, and you know that you will need to file a claim to get your compensation in Columbia, SC. Unfortunately, your condition might not be so simple. Typically, workers’ compensation applies to those who were hurt in a fall or injured by machinery. However, securing compensation may be more difficult if you have suffered a serious or chronic illness due to the conditions of your workplace. Certain workplace illnesses make returning to work an incredibly difficult feat. Such a situation can leave you and your family in a dire position, especially if you’re completely unable to return to work for the foreseeable future. When that happens, seek out compensation by calling a Columbia work illness lawyer from Hawklaw, P.A. What Work Illnesses Can I File for in Columbia, South Carolina? When you are physically injured at work, you will likely be taken from your workplace to the hospital to receive care. Unfortunately, a work illness is not so easy to determine. While your workers’ compensation may cover certain illnesses or conditions aggravated by your job, you must prove that your job caused the illness. For example, just because you had a heart attack at work does not mean that your position caused the illness. Instead, you’ll need to prove that the stress agitated your condition enough to cause a serious medical emergency. If you’re struggling with these work-related illnesses in Columbia, seek out an attorney regarding your potential benefits, including: Mesothelioma Certain other cancers Carpal tunnel syndrome Hearing or sight loss Black lung disease Most Common Workplaces in South Carolina for Work Illnesses Some jobs in South Carolina are more likely than others to lead to illnesses in the workplace, including wrongful death. Quite a few factors play into this, such as the safety precautions taken at the workplace and the location of the workplace. Some working conditions are especially prone to creating illnesses in a way that others are not. Shipyards Shipyards expose workers to a variety of problems that could lead to illnesses. A shipyard, especially one that deals with a lot of international shipping, is likely to expose workers to a wider range of diseases. Additionally, loud machinery can lead to hearing loss when workers are exposed to the noise for an extended period of time, which may be a permanent disability. Construction Sites Construction sites are often considered to be a dangerous place for personal injuries, but you may be exposed to illnesses there, too. Similar to shipyards, construction sites expose workers to loud machinery for extended periods of time. Additionally, you may find elevated levels of dust and irritants on construction sites that can lead to injured employees with respiratory problems. Office Settings While you may think of office settings as generally safe places to work, you may find yourself more at risk of developing an illness than suffering an on-the-job injury. The proximity to other coworkers makes illnesses fairly easy to spread. The state of the office can also play a role because asbestos could be present in the building, which leads to respiratory illnesses in many cases. Farms At farms, illnesses are primarily expressed in the form of skin conditions. Because farm workers spend most of their time out in the sun, serious skin conditions can develop, including illnesses as devastating as skin cancer. Loud farming machinery can also lead to hearing loss with repeated exposure. Experienced attorneys in South Carolina often have experience with farming illnesses considering agriculture’s large stake in the state’s economy. Service Industry Workers who are exposed to hundreds of people daily may develop illnesses that they catch from their proximity to others. Retail workers and restaurant workers are particularly at risk, given the sheer number of people they interact with each day. If proper safety precautions are not taken by a business, its workers could be at a greater risk of illness. Schools Teachers are at risk of illness simply due to the people to whom they are exposed. Children in schools can carry communicable diseases, and younger children are less likely to practice general hygiene to prevent the spread of illnesses. Schools may share responsibility for failing to provide adequate means to combat illness, such as access to hand sanitizer and qualified nursing personnel. Medical Facilities Working at a medical facility will likely involve workers coming into direct contact with people who are actively sick. Hospitals, doctor's offices, and other facilities have a responsibility to provide their workers with the proper equipment to help combat the spread of disease. This includes gloves, masks, hand washing stations, and more to prevent workplace injury and illness. Time Frame to Settle a Workers' Comp Case in Columbia, South Carolina The length of your workers' comp case can vary based on the details of the case. It could be settled in as little as six months, or it could take as long as two years. Several factors contribute to the length of time a workers' comp case can take, including how much evidence you have, whether you need to make an appeal, and what kind of offer the workers’ compensation insurance provider is willing to offer you upfront. Keep in mind that insurance companies tend to lowball you at first because their business model depends on them paying out as little compensation as possible. To speed up this process, you should consider hiring a Columbia workers' comp lawyer from an experienced South Carolina personal injury law firm. Backpay for Workers' Compensation Claims While getting compensation can take quite a while, depending on your case, the money you get in the end will account for the time it took you to go through the process. Put simply, if your illness is compensable, you will receive back pay starting from the date of your illness rather than the date of your settlement. The law protects injured workers and their medical benefits for the entire duration of their illness, should they qualify. Workers' Comp Benefits for Columbia Workers Once you’ve proven that your illness is work-related, what types of benefits should you expect to receive? These benefits should cover all your suffering in the wake of your accident, so speak to your lawyer about your potential benefits and how much they’re worth. For example, your medical expenses should be covered by your workers’ compensation. These costs are the responsibility of your employer’s insurer. Make sure all treatments reasonably used to help you heal are included. Make sure, too, that you’re getting the disability benefits you deserve. These benefits may include either partial or total disability benefits, depending on the severity of your condition. For example, you might be unable to return to work in any capacity. Because you are completely unable to return, total disability benefits should cover a percentage of your original compensation. If you’re able to return to work but unable to do your original job, partial disability can help you recover. You may receive some of the difference between your original wages and your new wages in a less-demanding position. How Long Do I Have to Sue for Work-Related Injuries in South Carolina? Filing a workers' compensation claim in South Carolina has a 90-day limit from the discovery of your injury or illness. Note that this does not necessarily correspond with the date of your injury. If you fall and break your arm due to a poorly maintained ladder, you will likely notice the injury right away. Illnesses, however, can take time to develop, so the 90-day counter does not begin until you have discovered your illness. This is the discovery rule in South Carolina law. Can You Sue For Workplace Illnesses or Injuries In regards to suing, you technically cannot sue your employer in cases of work-related injuries or illnesses. As a no-fault state, South Carolina requires you to alert your employer of your injury or illness and file for workers' comp benefits with them. The only scenario in which you have the right to sue your employer is if they mishandle your workers' comp claim. As a disclaimer, there are some cases in which the 90-day limit is extended due to extenuating circumstances. If your employer is already aware of your illness, like if they witnessed your workplace accident, you do not have to worry about notifying them. The 90-day limit can be extended, however, if you were prevented from notifying your employer due to some kind of physical or mental impairment or limitation. You can also receive an extension if you were prevented from meeting the initial deadline due to someone else's fraud or deceit, which injury attorneys can help you demonstrate. Can You Leave Your Job With a Workers' Compensation Case? If you are planning to quit your job, you do not have to wait for your workers' comp case to be settled. According to the Workers' Compensation Act, you can quit your job before the claim is settled and not be disqualified from receiving benefits. Several factors could hinder that, however, and quitting can have negative consequences in certain cases. If during your claim, for example, you are officially released to work with restrictions despite your illness, your employer would much rather you do that than have to pay benefits. If you have already quit, your employer may dispute your claim by asserting that they would have allowed you to continue working with restrictions if you had not quit. It is ideal to speak with Columbia injury lawyers and receive adequate legal advice before making any decisions about quitting. Can I Get Workers’ Comp in Columbia if I Am Self-Employed? While you can get workers' comp if you are self-employed, it is not a requirement. Independent contractors, sole proprietors, and members of an limited liability company (LLC) are not legally required to have workers' comp insurance. If you opt into the insurance, you can get benefits for an injury or illness. Any business that has more than four employees, though, does require workers' comp insurance, with a few exceptions. Workers' Compensation Regarding Federal Employers The exceptions to workers' comp requirements are important to keep in mind. Federal employees, for example, are not subject to South Carolina workers' comp regulations, as they abide by federal regulations instead. Additionally, some agricultural workers and part-time or low-hour workers are not subject to the same workers' comp requirements. Given how much of the economy in South Carolina is fueled by agriculture, this is a significant portion of the workforce that may not be covered. Remember that just because workers' comp insurance is not legally required does not mean that people in the aforementioned industries will not have it. Some employers may offer workers' comp insurance even when they are not legally required to do so as a kind of benefit to draw in workers and build longevity with them. Always make sure you are aware of your own coverage benefits before filing, and remember that it is always better to have the insurance and not need it rather than need it and not have it. Why Was My Workers’ Comp Claim for a Workplace Illness Denied?  Workers' comp claims can be denied for a variety of reasons, much like a car accident or any other kind of insurance claim. The following are the most common reasons for denying workers’ comp. Did Not Report in a Timely Manner The 90-day limit from the discovery of your illness is a strict time frame. If you fail to file your claim within that limit, the insurance company is likely to deny you benefits entirely. Note that your primary job is to notify your employer within 90 days of discovery. If they fail to meet the filing deadline themselves, you can sue them for mishandling your case. You may also sue them on behalf of a loved one if their case was mishandled. Your Claim Is Disputed Insurance companies are always going to deny claims as much as possible. Their bottom line depends on it, so your claim may be disputed in an effort to avoid paying out. Your employer may also dispute the claim in some cases. They may say that you had a preexisting condition or that you lack evidence that your illness was contracted at work. The Illness Is Not Compensable Not every illness or condition is covered under South Carolina law. Stress-related illnesses like post-traumatic stress disorder are not compensable by workers' comp at the present time. You may be able to argue that your condition is the direct result of abnormal working conditions, but you will certainly want an experienced workers' comp attorney by your side. Lack of Medical Treatment Getting medical treatment for your illness or injury is a requirement for getting workers' compensation benefits. In addition to getting medical care for your own health benefits, it is always best to pursue medical treatment as soon as possible. You will then have a medical record that can be used as evidence in your claim to not only support the validity of your illness but also document the medical bills that have accrued. Plus, testimonials from doctors serve as powerful evidence that can be used by your Columbia workers’ compensation attorney. The Illness Is Not Severe Enough Some illnesses are not compensable under South Carolina's workers' compensation law, so you may not qualify for benefits even if you went through the entire process correctly. You should consult with a Columbia workers' compensation lawyer to identify whether your illness qualifies for benefits. Much like a personal injury case, some illnesses are minor enough not to be covered in the eyes of the law. If your claim gets denied, you will receive a letter explaining the exact reason why you did not qualify for South Carolina workers’ compensation. This letter should also provide you with the necessary information to file an appeal if you disagree with the denial. It is best to file your appeal sooner rather than later, but you do have up to two years from the date of your illness' onset to file an appeal. Remember, however, that if you delay, that will likely be used as evidence against you that the illness is not serious enough to warrant benefits. Connect With a Columbia Work Illness Attorney Unfortunately, a work illness can leave you struggling to recover and return to work. That means you might be struggling with both your treatments and your lack of income, which makes it tough to bounce back. Fortunately, you don’t have to recover alone. Call the Columbia work illness attorneys at HawkLaw for a free consultation* for your claim. We want you to get the full benefits you deserve to deal with your condition. Ready to get started? Contact your Columbia, South Carolina work illness lawyer by calling 1-888-HAWK-LAW (429-5529) or by filling out the online form below. ### Car Accident Lawyer Spartanburg Many car accident victims may spend months or even years recovering from the accident. In some cases, they may endure permanent physical and mental harm as well. That's why if you were injured in a wreck, you want an attorney from HawkLaw P.A. on your side. A Spartanburg car accident lawyer from our firm will fight to keep you safe, and to secure the best possible outcome to your case. You should not have to bear the costs of a car wreck caused by someone else's negligence. Let our team work to secure the compensation you deserve. What to Do After a Car Accident in Spartanburg Immediately after a car accident, your top priority should be the safety of everyone involved. One of the most important steps is to relocate away from traffic. Call 911 to report the accident and request medical attention if there are any injuries. If doing so would not put you in further danger, take time to gather evidence while waiting for emergency services. Take photos of the areas that show key details like traffic signals, as well as photos of the vehicles involved and the damage sustained. Speak with any drivers who were part of the accident, gathering their contact, insurance, and vehicle information. However, avoid saying anything that could be interpreted as admitting fault. Even if you believe you're unharmed, you should seek medical attention regardless. Some injuries may not be obvious at first, and having a medical record can be imperative for both insurance and legal purposes. Keep a record of all injury treatments and repairs to your vehicle. This documentation will play an important role when filing a claim or if legal action is necessary. You should consult with a car accident lawyer early in the process so you know how best to protect your rights while navigating the aftermath of the accident. Spartanburg Car Accident Lawyer Near Me Our office is located at 5506 Reidville Rd in Moore, SC 29369. Reidville Road is a well-traveled route just off Interstate 26, making it convenient for residents of Moore and the surrounding area to find and access. If you're coming from SC-417, make a right when you come to stoplight near the salons (dog or human), and go .3 miles. We'll be on your left-hand side. There's plenty of on-site parking available. Car Accident Claims Handled by the Injury Attorneys at HawkLaw, P.A. At HawkLaw P.A., our car accident lawyers have extensive experience across a broad spectrum of cases, including: Rear-end collisions: Often resulting from one car following another too closely, rear-end collisions can lead to whiplash and other injuries. Our team can help prove fault and negotiate compensation for repair bills, medical costs, and other damages. Head-on collisions: These accidents happen when the front ends of two vehicles crash into one another. The result of a head-on collision can be devastating and may include severe injuries or fatalities. Sideswipe collisions: This type of accident occurs when two vehicles, moving either in the same or opposite directions, brush or scrape against each other along their sides. Even though they might seem minor, sideswipes can cause drivers to lose control of their vehicle, leading to more serious accidents. Rollover accidents: Rollover accidents happen when a vehicle flips over and comes to rest on its roof or side. It may be caused by sudden turns, collisions, and other scenarios. T-bone accidents: This type of accident occurs when the front end of a vehicle strikes the side of another. Because T-bone accidents often occur at intersections, determining liability can be complicated, but our team has the experience to handle these situations effectively. Single-vehicle accidents: Single-vehicle accidents involve just one vehicle that hits a cyclist, pedestrian, or stationary object, or rolls over. We understand the factors that can contribute to these accidents, such as road conditions and vehicle malfunctions, and are prepared to explore all avenues for compensation. Multi-vehicle accidents: Accidents involving three or more vehicles can result in complex lawsuits, largely because determining fault is even more challenging. Our attorneys are skilled at navigating these multifaceted situations to clarify fault and secure fair settlements. Hit-and-runs: Being the victim of a hit-and-run can be especially frustrating, but you are not without options. A car accident lawyer from HawkLaw P.A. can assist in investigating the incident and pursuing claims against unknown or uninsured drivers. Drunk driving accidents: When a driver chooses to get behind the wheel under the influence, the results can be catastrophic. Our attorneys work to hold impaired drivers accountable and fight for compensation that reflects the seriousness of these preventable crashes. Distracted driving accidents: From texting to adjusting a GPS, driver distraction is a leading cause of wrecks in Spartanburg. We gather evidence to prove distraction played a role and pursue damages for medical costs, lost wages, and more. Aggressive driver accidents: Speeding, tailgating, and reckless lane changes put everyone on the road at risk. If you’ve been hurt by an aggressive driver, our team will build a strong case to show fault and seek the justice you deserve. Our Spartanburg personal injury attorneys represent people who were traveling in vehicles and those who were not, as well as folks who are injured by commercial or rideshare vehicles. Contact us today if you sustained harm from a wreck involving a: Commercial truck Uber Lyft Motorcycle Work vehicle E-scooter Pedestrian ATV or UTV Common Injuries From Car Accidents in and Near Spartanburg Car wrecks can significantly affect a person's body, regardless of the speed at the time of the collision. From a few bruises to blunt force trauma, the consequences of a car accident can vary widely. Understanding the common injuries in an accident can help in recognizing the seriousness of car crashes and the importance of taking precautions. Some of the most frequently reported injuries resulting from car accidents include: Brain injury and trauma: When the head is suddenly and forcefully hit or jolted, the brain can impact the skull, resulting in various types of injuries. One example is a traumatic brain injury (TBI). Spinal cord injuries: The impact of a car crash can damage the spinal cord and may result in loss of feeling or even paralysis, which could require long-term care and rehabilitation. Organ damage: Car accidents can cause less visible injuries like internal bleeding and organ damage. Injuries to the liver, spleen, lungs, or kidneys usually require immediate medical attention. Eye injuries: Flying debris, shattered glass, or forceful impact can cause eye injuries, which may result in temporary or permanent vision loss, depending on the severity. Burns: Car accidents can sometimes lead to fires, causing burns that range from minor to severe. Burns can require extensive treatment and may leave lasting scars. Broken bones: The force of a crash can easily break bones. Accidents commonly cause fractured ribs, arms, legs, and other bones. Recovery can involve surgery, physical therapy, and significant time off from daily activities. Back and neck injuries: Slipped disks, broken vertebrae, whiplash, and nerve damage -- each of these injuries can cause long-term complications and chronic pain. Wrongful death, if you’ve lost a loved one: Unfortunately, in some cases, injuries from car accidents can be fatal. Families may find themselves facing both financial and emotional hardships after an accident. Car accidents can be physically and emotionally difficult, and those difficulties can last months, years, or even a lifetime. Seeking medical attention quickly could be the difference between a full recovery and a lifetime of pain. No matter what kind of injuries you sustained, you deserve an advocate who will fight for you. Our car accident lawyers serving Spartanburg have spent years working with injury victims across South Carolina. We don't back down from the hard cases, and we'll be with you at every step. How to Deal With Insurance After Car Accident Once the at-fault party of your car wreck is identified, the first option for injured people is usually their insurance. All South Carolina drivers are required to carry some insurance; specifically, state law mandates having liability insurance of at least $25,000 for bodily injury per person, with a total of $50,000 for all persons injured in a single accident. In addition, you must have $25,000 in coverage for all property damage in one accident. As in many other states, uninsured motorist coverage is also a requirement. This uninsured motorist coverage is critical, as it protects you in the event that an at-fault driver does not have insurance. The at-fault party will be the financially responsible party, but you’ll have two options for a settlement: your insurance company or a "third-party" claim. If you choose to file a claim with your insurance company, you will simply need to report the accident, explain that the other driver was at fault, and give them the other driver’s insurance information. This is known as a "first-party" claim. However, with a third-party claim, you would deal directly with the other driver's insurance company, which might involve a more complicated process, including proving liability and negotiating damages. Unfortunately, that does not mean that the insurance companies will be eager to cover you. They are for-profit companies, which means that they’re likely thinking about their money, not your settlement. As such, after you speak to an insurance adjuster, you might see a slow response, no response, or a settlement offer that simply doesn’t cover your injuries and other damages. In these cases, you’ll need to take your claim to court for your full compensation. This is why legal representation is so important. Our car accident lawyers know how to stand against any insurance company that is trying to avoid paying your claim. Determining Who's At Fault for a Car Accident Near Spartanburg In the case of a car accident in Spartanburg, figuring out who's at fault often boils down to understanding negligence. In a car accident context, negligence means someone didn't take the care they should have while driving, leading to the accident. Imagine that a driver is speeding down Isom Street. That driver runs a red light at Beaumont and crashes into someone else's vehicle. In this scenario, the speeding driver's negligence caused the crash. There are four considerations for determining negligence: duty, breach, causation, and damages. First, every driver has a duty to follow road rules and drive safely to avoid harming others. In our example, the duty was to obey traffic lights. A breach happens when a driver fails this duty, like by running a red light. Causation is about linking the breach directly to the accident. If speeding and running the red light led directly to the crash, then causation is established. Lastly, damages refer to the harm or injuries that resulted from the accident. So, when someone is considered "at fault" in a Spartanburg car accident, it means they failed in their duty to drive safely, their action caused the crash, and as a result, there were damages or injuries. Determining Liability in a Car Accident in Spartanburg Unfortunately, identifying the responsible party in motor vehicle accidents is not always straightforward. For example, the motorist responsible may have been on the clock, which means they might not be solely responsible for their actions. Instead, you might need to seek compensation from their employer. If you get hurt during the normal course of your work duties, workers’ compensation may kick in. Even if your accident was a single-vehicle crash, our auto attorneys will review the scene, look at any police report, examine the evidence, and determine whether someone else was responsible. For example, a defect in the road can cause drivers to lose control of their cars and crash. Let's say you're on the Buncombe Extension, coming up from Woodruff toward Fairground. The pavement over there is in very poor shape, and if that causes you to crash -- either because a pothole forms or part of the road washes out, or for any other reason -- you’d need to file a claim against the government to cover your care. In other cases, a careless manufacturer and their defective part may have caused your crash. If you are not sure who or what caused the crash, you might want to reach out for help before you file an injury lawsuit. A Spartanburg car wreck lawyer will investigate your claim to help make sure the person responsible for your injuries pays for the damage they’ve caused. How Much Is My Car Accident Settlement Worth? So, what does full compensation for car accident injuries mean? When you’re injured, it can be overwhelming to look into legal nuances and figure out potential claims. You know that you’ll need coverage for all the damages you have suffered, but you might not be sure where to start. The first thing on your mind, once you’ve physically recovered, might be, “How am I going to pay for all this?” Even if you are financially comfortable, a car crash can be expensive. You might be dealing with life-saving but costly treatment and medical bills, your car might be totaled, or you might be unable to work. In the case of wrongful death, you may have funeral costs and medical expenses leading up to the death of your loved one, as well as the loss of support in terms of their salary. All these economic damages can be overwhelming, so you’ll need to add them up and estimate future costs. Sadly, it’s not just your finances that will be affected by your auto accident. Non-economic damages can affect your mental and emotional well-being, making it difficult to recover from the trauma of an accident. For example, even if you weren’t seriously injured, you might suffer from anxiety or PTSD, which can affect your daily functioning. Unfortunately, these types of damages are difficult to calculate. For example, while you know that your spinal injury and paralysis caused a loss of enjoyment of life, how much is that worth? The  car accident attorneys at HawkLaw P.A. understand how to compute the value of non-economic damages and negotiate for the best possible compensation. How Long Do You Have to File a Car Accident Claim? For filing a car wreck lawsuit in South Carolina, you must ensure that you’re acting on time. In most cases, Spartanburg residents will need to file their claims within three years of the crash. Other cases you may only have two years to file their claim. If they don’t, their claim could be dismissed entirely. Fortunately, this means that you’ll likely have more viable evidence for your claim. Evidence can decay or be lost over time, so take advantage of your options and speak to one of HawkLaw P.A.'s car accident lawyers in Spartanburg as soon as you can. It is important to note, however, that the statute of limitations can vary depending on a variety of situations. Just because your accident happened some time ago, that doesn’t mean you shouldn’t call a law office. No matter how long ago you had a motor vehicle accident, you should call our injury attorneys as soon as possible. Lastly, note that South Carolina car accident laws can affect your claim. If you do not correctly navigate personal injury statutes, you could lose part or all of your compensation. That’s why hiring a car accident lawyer in Spartanburg is important. When to Call a Spartanburg Car Accident Lawyer You should consider consulting with a car accident lawyer as soon as possible following the incident, especially before making any statements to insurance companies. If you suffered injuries, need time off from work, or have experienced significant damage to your property, legal guidance can be crucial. It's particularly important to seek legal counsel if there is a dispute regarding fault or if the involved insurance companies are not offering a fair settlement. Additionally, the complexity of the case increases when the accident results in a fatality, or severe injuries, or involves a commercial vehicle, making a car accident lawyer's representation even more invaluable. Deadliest Roads in Spartanburg SC In Spartanburg, SC, dangerous roads have been a concern for local residents and authorities alike, with specific stretches witnessing a troubling number of fatal accidents. Topping the list as the deadliest stretch of road in South Carolina is Wade Hampton Boulevard, from Donan Road to Freebird Boulevard, which experienced a staggering 12 fatal accidents between 2018 and 2020. From 2011 through 2017, Interstate 85 witnessed 41 fatalities, while I-26 recorded 30 deaths in the same period, underscoring the significant dangers present on these high-speed routes. Injured? Contact our Car Accident Lawyers in Spartanburg for Help It is unfortunate, but a car crash can be difficult to recover from without help. You want to be sure that your legal representation comes from a South Carolina car accident attorney who practices personal injury law with a focus on car accidents. When you’re ready to get started on your car accident case, HawkLaw P.A. is ready to help. Reach out by filling out the online contact form below, and a personal injury attorney from our offices will be in touch for your case evaluation. ### Car Accident At Work In Charleston If you are involved in a car accident while on the job, the proper steps you should take are a little different from what you would do if you were in an accident in your free time. The first step is always ensuring your own safety. That means calling medical personnel and police to the scene to make a police report. Afterward, you should collect the name, address, and insurance information of the other driver or drivers involved. Once the necessities are out of the way, you should work on collecting evidence if you can. Take pictures of the accident scene with a focus on property damage to the motor vehicles involved, the general crash area, and environmental factors that could have contributed to the car accident case, like ice or overgrown vegetation. Make sure you get contact information for any witnesses, too. In the case of a car accident on the job, you will need to inform your employer of the collision. This means reporting what happened directly to your manager or HR representative. It is essential that you make the report in writing. If you sustain injuries that prevent you from doing so, make sure you have someone write the report on your behalf. You may have to make a report on behalf of a loved one who suffered a wrongful death. When you receive medical treatment for your car accident injuries, you may be referred to a specialist for follow-up treatment. Do not assume that this specialist will also be covered by your workers' comp. Get in touch with the workers' compensation adjuster to see whether the referral is actually authorized. To qualify for workers' compensation, you must be treated by an employer-approved doctor, or you may be unable to recover medical expenses. A Charleston car accident lawyer can help you through the process, so contact them as soon as possible. Who Is Liable For Damages From an On-the-Job Car Accident in Charleston? The most complex question for work accident claims like car accidents is, “Who’s responsible for the bills?” In most auto accidents, the fault would be on the person who caused the accident. Work accidents, however, don’t work that way. If you were involved in a work accident of any kind, you should be eligible for workers’ compensation benefits. Employers are responsible for their employees’ actions and injuries, so they should cover all the expenses and losses you’ve suffered in the accident, including lost wages. You don’t have to worry about who’s responsible because your employer’s insurer should pay regardless. Keep in mind, though, that if you were not driving for work, you might not receive workers’ compensation benefits just for being on the clock. For example, a taxi driver injured on the job may receive compensation. An employee leaving for lunch likely won’t be covered and will need to file a personal injury claim instead of a workers’ compensation claim. When you get into an accident while on the job, you will have to consider the concept of vicarious liability. Also known as respondeat superior, this policy dictates that when a person fulfilling the scope of their duties is responsible for an accident, then their employer is responsible. Additionally, South Carolina utilizes a comparative negligence standard. That means that your potential compensation in an accident is reduced by your amount of fault. If you are deemed to be more than 50% responsible, however, you cannot receive damages at all. Compensation Available for Your Charleston Work Accident Once you’ve determined whether your accident is covered by your employer, you’ll need to fight for the full compensation you deserve. Your workers’ comp benefits will make a difference to your recovery since the strain of your lost wages can leave you distracted from your health. Instead, you’ll need to fight for the full benefits you deserve. If you’ve been injured in a car accident at work, be sure that you’re getting the right benefits for you and your family. The workers’ comp benefits below can help you or surviving family members recover after an accident in Charleston: Current and future medical care Wage replacement Death benefits for family members South Carolina’s Coming and Going Rule The coming and going rule in South Carolina establishes that employers are not responsible for any automobile accidents that occur while you are going to or coming from work. Put simply, if the accident occurs during your commute, you cannot claim workers' comp benefits under South Carolina law. Workers' comp is typically strictly reserved for accidents that occur while on the job, which can include making deliveries, going to meetings, or doing anything else that draws you out onto the road during a workday. Exceptions to South Carolina’s Coming and Going Rule While the coming and going rule is fairly ironclad, there are some exceptions to remember. If the accident occurs on company property, you can still claim workers' compensation even if you were not on the clock. Additionally, you can claim workers' comp if you were sent on a special errand. For example, an employer may ask you to make a deposit at the bank after leaving work but before you make it home. This still counts as part of your job duties, even if it is technically during your commute. Finally, you can file a workers' comp car accident claim if you are driving a company car. How to File a Workers’ Compensation Claim After a Charleston Car Accident To file a workers' comp claim in South Carolina, you will first need to get all the medical care necessary. Your own safety is the most important factor. Then, you will need to report your injury to your employer in a format that is easy to have a record of, whether it is by email or written by hand. Then, your employer should provide you with all the necessary forms to fill out your claim. If they do not, or if you suspect that something is missing, contact the South Carolina Workers' Compensation Commission to make sure you have everything. Once the forms are completed, you need to file them. Before a decision is reached about your claim, you will likely have to undergo a consultative exam with a doctor. Typically, this doctor is chosen by your employer's insurance company, but you may be able to pick from a list depending on their policy. Make sure you attend this appointment, as evidence gained from it will be submitted alongside your claim filing. How Long Do I Have to File a Workers’ Comp Claim in South Carolina After an On-the-Job Accident? Reporting an injury at work is always best done sooner rather than later. In South Carolina specifically, you only have 90 days to report your injury to your employer to be eligible for workers' compensation. From then, you have two years to actually file your workers' comp claim, though it makes your claim of injury much more believable if you file as soon as possible. In some cases, you may find yourself recovering at a slower rate than expected. Your condition may even worsen, which will warrant additional treatment. If that is the case, you must file another Form 50 for additional coverage. This can be done for up to a year, starting from the date of your last benefit payment, and it is not uncommon for car accident victims. Can I File a Civil Claim Against the At-Fault Driver if I Also Filed for Workers’ Compensation? Yes, you can file both workers' compensation and a civil personal injury lawsuit simultaneously if you like. The returns you get on these claims can vary, however, so consider the benefits before proceeding. They each have different time limits that must be adhered to, and failing to meet deadlines can kill your claim before it really gets started. It is important to note that any third-party claim can only be awarded with written consent of the workers' compensation insurance company. This means you are likely not going to get approval to get compensated twice for the same thing. Typically, civil suits are pursued to fill in the gaps left behind by workers' comp, such as all of your medical bills not being paid. When Should I Visit a Doctor After an On-the-Job Accident in Charleston? It is always best to visit a doctor as soon as possible after an accident at work. Severe injuries warrant a trip to the emergency room, which is always covered by workers' compensation. If you are making an appointment with a doctor or are following up on a referral from the ER, make sure that you only see an employer-approved doctor. If you see a doctor who is not approved by your employer or your workers' comp insurance company, you could be denied coverage for your claim. Do I Need to Use My Employer-Recommended Doctor After a South Carolina Car Accident On the Job? Yes, the employer-recommended doctor is essential if you want to get workers' compensation. The only exception to this rule is immediate emergency room treatment. You are free to go to the closest ER in the aftermath of an accident for treatment of serious injuries, such as what you would likely experience after a truck accident, like spinal cord injuries or traumatic brain injuries. Any follow-up appointments for injury victims, however, have to be with doctors approved by your employer. Can I Appeal if My South Carolina Workers’ Compensation Claim Is Denied? If your workers' comp claim was denied in South Carolina, you can file an appeal. The process can be tricky if you have never done it before, but it is straightforward enough. Your first step is to submit a hearing request to the South Carolina Workers' Compensation Commission. This comes with a filing fee of $25. Note that this request needs to be made no later than 14 days after you receive the denial of your initial insurance claim. If the commission does not give you the answer you desire, you can file an appeal with the South Carolina Court of Appeals. This must be done within 30 days of the denial of your appeal from the commission. If the appeals court does not give you the answer you are looking for either, the case can be sent up to the South Carolina Supreme Court, which is the last level of the appeals process. In most cases, appeals only get this far if they have been handled poorly in regard to legal errors. How a Charleston Workers’ Compensation Attorney Can Help Building a workers' compensation case on your own can be tough, which is why a Charleston car accident attorney can play a major role in your personal injury claim and the accompanying legal issues. They know the array of documentation you need to build a strong case, and they can assemble all the relevant documents for you. They'll offer legal advice throughout the process so you know how to proceed, and they can communicate with your employer, insurance company, and others on your behalf. One of the key benefits of having an experienced personal injury attorney in Charleston is that they can talk to doctors for you. Doctors know what they are doing when it comes to evaluating your condition, but they may not be adept at reporting their findings in such a way that helps a vehicle accident claim. Your Charleston personal injury lawyer can help them gather all the necessary information and word it properly. A lawyer can provide legal representation for your personal injury case throughout the process, even if it goes to appeal. Why Our Clients Choose HawkLaw Learn why so many choose our law firm at HawkLaw with these testimonials. “Excellent and professional service! Each and every person I have been in contact with in the law firm, HAWKLAW treated me with the utmost personal kindness and understanding!...I would certainly recommend Ivey and her team to those looking for help and advice.  Thank you again HAWKLAW for going the extra mile…” – E.C. * “My experience with HawkLaw was nothing but outstanding!!  The legal team is very professional, caring, and is always in contact with you on updates and concerned with your well-being.  I am grateful and so glad that I chose HawkLaw.  This group truly lives up to its name.  “Hawk Law Fights”” – S.P. * Get Help After Your Charleston Car Accident Unfortunately, a car crash at work isn’t an easy event to overcome. When you’re dealing with an occupational car accident, you may not know when and how to properly file your claim. Fortunately, you don’t have to figure out your claim alone. Instead, get a Charleston car accident lawyer’s help. At HawkLaw, we have the tools you need to overcome a work accident and get the full workers’ compensation benefits you should receive. Get the help you need with an auto wreck by reaching out for a free case evaluation.* When you’re ready to begin, give us a call at 1-888-HAWK-LAW (429-5529) or fill out the online form below. ### Workers Comp Lawyer Spartanburg Work sites are much safer than they once were, but that doesn't mean they're completely safe. While we have safety restraints, safer tools, and more protective gear, an accident can still happen, leaving you with a serious injury and an inability to work for some time. Fortunately, many South Carolina workers have less to worry about in this situation because they have workers comp benefits, and they're getting the coverage they need for a full recovery. What if you're not sure where to turn, though, or what if you’ve already received a denial? That can be tough to recover from, which is why you need a Spartanburg workers comp lawyer from HawkLaw, PA on your side. Our attorneys can make sure you're getting the full benefits you should receive, and they can help you appeal when you've been denied. Work Comp Eligibility after a Work Accident Fortunately, most South Carolina workers don't have to worry about whether they're eligible. The majority can simply file their claim and get the help they need after an injury. Unfortunately, you might be unsure if you're covered. If your Spartanburg employer doesn't carry workers comp, you may be offered a different type of compensation. For example, federal employees will need to seek workers comp from their federal employer and may not have the same coverage an employee in the state will. An attorney can help you determine whether you're covered and what you'll need to do next. While most workers are covered, you may need to speak to a lawyer about your alternate options. If you're one of the following types of workers, you may need to seek your compensation in other ways: Railway workers Agricultural workers Federal employees working in the state Employees in businesses with under four employees Some casual employees Workers Comp, Car Accidents, and More If you’ve been injured in Spartanburg, you may have grounds to seek compensation for the following injury types. Workers' Compensation When you’re on the job, an accident can mean lost funds while you recover. Your Spartanburg workers comp lawyer can help you seek benefits that covers your injury care and lost income. Even if your employer doesn’t want to cover your benefits, our law firm can fight for your workers comp benefits and protect your claim. Car Accident Claims Even a minor car accident can result in catastrophic injuries and property damage. When a careless or negligent driver is responsible, they should also be responsible for the ensuing damage. Enlist the help a car accident lawyer for dedicated support throughout the claims process. Premises Liability When you’re hurt because someone else’s property was dangerous, you may need help recovering from your injuries. You’ll need a law firm you can count on to get compensated fully for your injuries and identify the person liable for your injuries. The Workers Comp Process Once you've suffered an on-the-job injury, what can you do? Fortunately, most of the process is out of your hands, meaning that you can focus on your recovery, not on fighting for funds. First, you'll see a doctor, of course, and have your workplace injuries attended to. Then you’ll notify your employer of the accident. You'll let them know that you were injured and that you plan to file for work comp benefits. Once they've been notified, they'll have a short time to notify their work comp insurance provider, who will then investigate your claim. During their investigation, they'll make sure the accident happened as reported and that you were injured. Once they've made their decision, they'll send you either an approval or denial letter. If you receive an approval letter, then you're done. You'll receive your benefits shortly. If you're denied workers compensation, your case isn't over yet. All workers have a chance to appeal their claim, so you'll need to seek a workers comp lawyer and begin preparing for an appeal. Your Work Comp Benefits If you've been approved, you'll need to ensure you're getting the full benefits you deserve for your accident. You were seriously injured, which means you'll need your full benefits to make a full recovery. If you've received an approval letter, you can expect one or more of the following benefits: Medical Benefits – When you've suffered an on-the-job injury, you need medical care, but that gets expensive quickly. Fortunately, your medical benefits should cover any necessary care for your recovery. If you need or will need any surgery, therapy, or medication, these benefits should cover it all. Partial Disability – When you're injured, you might not be in such bad shape that you can't return to some work. Unfortunately, you're unable to do your usual job while you heal, or perhaps you're transitioning to a less-stressful position. Your partial disability benefits should cover part of the difference between your two wages. Total Disability – Unfortunately, you might be completely unable to return to work for some time. Whether you'll be back next month or you'll be disabled for the rest of your life, your total disability benefits should cover you. In South Carolina, you should receive two-thirds of your usual wages while you're unable to work. Handling a Workman’s Comp Denial What happens when you need work comp benefits but you're denied? It can feel like the end of your case, but you'll be able to dispute and may get the full settlement you deserve. Your first opportunity will be to speak with your employer and their insurer in an informal hearing. Your denial letter must have the reason for your denial in it, so you may be able to simply address their reason and get your compensation. If that doesn't work, you'll need to make a formal appeal before the Worker’s Compensation Commission. They'll hear your case and speak to your legal representative, and they'll make a decision. We'll fight back for you until you get the settlement you deserve. Spartanburg Workers Comp FAQ Unfortunately, getting your workers compensation can be an ordeal. You're injured, and now you're struggling to recover because your employer won't help. You need answers now, but you're injured and overwhelmed. That's why you need to speak to an attorney before you appeal. A mistake could cost you your compensation, and you might need guidance in other ways, too, following your accident. So, seek out a lawyer if you still have questions about workers comp in South Carolina or if you're seeking more information about the following issues. What if my employer doesn't offer workers comp? Unfortunately, not all employers are required to carry workers compensation. In that case, you'll need to sue your employer in Spartanburg for your injuries, though your compensation isn't guaranteed. However, if your employer should carry compensation and isn’t, they might be in trouble now. Reporting them could help you get the work comp claim you need, and it may leave them with some hefty fines. What is light duty? If you're able to return to work but unable to return to your original position, your doctor may recommend light duty. You'll be given a less strenuous position, and your workers comp benefits will cover some of the difference between your original wage and your new wage. I believe I caused the accident. Can I still receive benefits? Yes. Workers comp benefits is a no-fault system. That means that even if you did cause the accident, your work injury should be compensated. The only exceptions may be intentionally injuring yourself or the use of drugs and alcohol before the work accident. Reach Out to a Spartanburg Work Compensation Lawyer A work accident can leave you permanently impaired and unable to work. Unfortunately, that doesn't just put a strain on you. Keep in mind that your family will feel it, too, from the mounting medical debts to the lack of income for daily needs. Your work compensation benefits should cover your needs, but what if they don't? That can leave you and your family suffering, which means you'll need help from the lawyers at HawkLaw, PA. Get started with a case review, and we'll show you why you were denied, how to fight back, and what you'll need to appeal your claim. We want you to get the answers you need. So, contact our team today. A Spartanburg workers comp lawyer at our firm understands how painful a work accident can be, so reach out by calling 1-888-HAWK-LAW (429-5529) or by filling out the following online form below. ### Truck Accident Lawyer Greenville Any type of accident with any vehicle is already serious and traumatic. You're moving at high speeds and surrounded by metal and glass, nevermind the possibility of concrete and pavement, too. The injuries you could suffer in just a car accident alone are dangerous and possibly permanent. When the other vehicle is six times the size of yours, however, the damage can be much more severe and even fatal. When disaster strikes, you need a Greenville truck accident lawyer from HawkLaw, PA, to help. The amount of compensation you need is high, but the suffering you've experienced can block you from acting in time. So, seek out help and get the coverage you need for your suffering. What Causes Truck Accidents? Truck crashes aren't simple. Like any other vehicle accident, there are many factors to the crash, which can affect who's responsible and how much they're responsible for, making it difficult to pin this information down. 18-wheeler accidents can be especially complex. Trucks are difficult to maneuver correctly, so even an attentive, careful driver can lose control of their vehicle. However, pinning down the details will be vital to building your claim. If you can't prove that the other driver is responsible, you may not be able to fight for compensation from that person. When you're dealing with the aftermath of a truck crash, you may look into some of the following reasons for semi-truck accidents: Drowsy driving Driving under the influence Distracted driving Speeding Defective or improperly used parts Liability in 18-Wheeler Accidents Once you've determined who caused the accident, whether that's the truck driver, a different vehicle, or another factor, you'll need to find who's financially responsible. In most vehicle crash claims, this is simple: The driver is responsible for their actions and for any costs they’ve caused you. Not every claim is so simple, especially when the driver is at work (which is the case in many semi accidents). They wouldn't have been behind the wheel otherwise, and when they are, they're the responsibility of their employer. This doctrine of liability means that you won't always be able to simply file against the truck driver. Instead, you may need to contact the employer for compensation after the accident. So what if they're not the person responsible for the accident? In some cases, while they may have been the one who lost control, it may not have been through inattention or negligence. Instead, something may have gone wrong with the vehicle. A malfunctioning part is typically the responsibility of the manufacturer, so you'll need to find them in order to file your claim. Unfortunately, many semi-truck accidents have many factors to them, which means you might struggle to find the actual cause for your accident. When this happens, you'll need to speak to a lawyer and get the help you need unraveling your Greenville truck accident claim. South Carolina Laws on Truck Crashes Once you've found the person financially responsible for your claim, you'll need to keep going to prepare your claim. You'll need to also focus on South Carolina laws, which won't just affect the driver who injured you. If you're not focused on the laws' effects, you could be left without compensation for your suffering. For example, you'll need to ensure that you're acting in time to get your compensation. Many accident victims wait too long, either because they believe they have more time or because they're simply overwhelmed by their current situation. Unfortunately, you'll have only three years to file your claim. If you don't file in time, you'll be barred from recovery. Keep in mind that some damages may also be capped by law. For example, if you believe that a government agency caused your accident, you might not receive the full compensation you might be owed. Your nonfinancial damages will be capped at $300,000, so you'll need help seeking your maximum compensation. Negligence Law Seeking the max amount you should receive isn't the only step, however. While you'll need to prove the blame rests with another party, you'll also need to avoid being personally blamed for the accident. In South Carolina, sharing blame for your wreck with a semi could mean losing your chance for compensation. South Carolina is a comparative negligence state. That means that if you're accused of any responsibility, your compensation will be reduced by that amount. So, if you're found 10 percent responsible, you'll only receive 90 percent of your compensation. If you're found more than 50 percent at fault, your claim will be dismissed. When you're already struggling to recover and get your compensation, this can be devastating. Even 10 percent could mean losing hundreds or even thousands of dollars that you need for recovery. As such, you'll need help protecting your claim and its full value. A good accident lawyer won’t just help build your claim. They will also help you defend it. Compensation after a Truck Accident While you should be ready to defend your claim, it may be tough to determine what that claim should be worth. You'll need to cover all your damages, but without the right tools, that can be difficult to do alone. While some financial losses won't be as hard to determine, you'll need complete coverage for your suffering. For example, you'll need all your economic damages covered, which should include any financial losses. This type of damage includes the following (in addition to other costs): Current and future medical expenses Lost wages Property damage Don't forget about your non-economic damages, too. These damages should cover all nonfinancial, intangible losses, which can be tough to calculate. Non-economic damages are calculated based on impact and severity, so get help calculating any damages like the following: Pain and suffering Emotional trauma Disfigurement Punitive Damages Unfortunately, the trucker responsible for the crash might have been especially reckless when they caused the accident. Worse, you might have been willfully injured, so you'll need to take action. While that can be difficult, you might be entitled to further damages—punitive damages—because of their actions in this case. Punitive damages aren't like economic and non-economic damages. While those damages are meant to compensate you, they can give you peace of mind when someone is dangerously negligent. Punitive damages are meant to punish the wrongdoer for being grossly negligent, so you’ll be winning a bit of justice for what happened to you. Seek Out a Greenville Semi Crash Lawyer Truck accidents can be devastating and difficult to overcome. You've suffered some painful experiences, and you'll need help overcoming that suffering. Fortunately, you don't have to fight back alone when a truck hurts you. Instead, you can seek out a truck crash attorney from HawkLaw, PA. Our lawyers understand how difficult it can be to recover from a truck accident, as well as how complex truck crashes are. When you're confused and struggling to file a claim, you'll need help, which is where our free claim reviews come in. We'll discuss your claim with you so you know what we can do and what we can offer to help. Considering filing a claim? Get the help you need with your claim by calling a Greenville truck accident lawyer. The legal guidance you need is only a call or click away. When you're ready to get started, give us a call at 1-888-HAWK-LAW (429-5529) or complete the online form below. ### Motorcycle Accident Lawyer Greenville When you have a motorcycle accident, the last thing you want to do is worry about long talks with insurance companies and having to prove you weren't at fault. HawkLaw's Greenville motorcycle accident lawyers are here to help. We understand that motorcyclists are frequently misunderstood and stereotyped, which unfortunately leads to contentious litigation and victim-blaming. Common motorcyclist biases include assuming bikers are in a gang, have a criminal record, and are the cause of accidents they are involved in because they "don’t follow road rules." Our goal is to help you overcome these stereotypes and ensure those responsible for your injuries are held accountable. The financial burden of a motorcycle accident should not fall on you due to someone else’s negligence. HawkLaw works to get you the compensation you deserve. Motorcycle Accident Attorneys Near Me HawkLaw’s Greenville office is located at 3 Caledon Ct # A, Greenville, SC 29615. The 509 bus stop at Pelham Road and Autumn Leaves Ent is just a short walk from our office. Some nearby landmarks include Publix Super Market at Pelham Commons and the Greenville Social Security Administration offices. Did You Sustain Injuries in a Motorcycle Accident in Greenville, SC? Cars are equipped with seat belts and airbags to stop severe trauma, but motorcycle riders are left exposed to the full force of a crash, meaning they are more likely to suffer from more serious injuries. Serious injuries are defined as those that meet at least one of these qualifications: severe laceration that results in exposure of underlying tissue, muscle, or organs, significant blood loss, broken bones, crush injuries, skull, chest, or abdominal injury, burns over 10% or more of the body, unconsciousness, and paralysis. Sometimes, injury severity isn’t discovered until it is too late. It is always best to go to the ER immediately after an accident to be thoroughly evaluated. Serious injuries include but are not limited to: Traumatic brain injury and head injury (including concussions) Whiplash Friction burns (road rash) Broken bones Spinal cord injuries Organ damage Disfigurement Motorcycle accidents should always be reported to the police so that a thorough investigation with witness statements and evidence gathering can take place. Seeking medical care is another critical step, especially because injuries are not always seen or felt in the immediate aftermath of a crash. These steps are paramount to building a solid case for compensation from the negligent party. Were You Injured in a Auto Accident? HawkLaw Is Committed To Fighting For The Compensation You Deserve FREE CONSULTATION* 888-HAWKLAW Is South Carolina a No-Fault State? South Carolina is a modified comparative negligence state. This rule means that you may be eligible for compensation after an accident even if you were partially at fault, so long as you are no more than 50% at fault. For example, if you are in a motorcycle accident while speeding, and the other vehicle crosses the line, both parties could hold partial responsibility. In this scenario, if you are found to be 20% at fault, your compensation would be reduced by that same amount: 20%. What happens in cases where you are the only vehicle involved in a motorcycle crash? Is the accident your fault? Not necessarily. Federal, state, or local agencies responsible for the maintenance of the road could have been negligent by not correcting potholes or other road hazards. Your motorcycle may have experienced a malfunction or defect due to negligence on the manufacturer’s part. Another party may have been negligent which led to your crash, working with an attorney can help you identify potential at-fault parties. Signage or other traffic signals and markers may have been missing or incorrectly working. Why Do Insurance Companies Deny Claims? In the aftermath of a crash, your first thought might be to turn to your insurance company. In most situations, that is not a bad idea. You pay for your insurance, and your policy coverage should help you when disaster strikes. The reality is motorcyclists may have trouble receiving payment from their insurers. Even though you pay your premiums for coverage, insurers are not always willing to pay out. Instead, they look to shift blame to the motorcyclist. Motorcycle crashes are expensive, and since insurance companies are for-profit businesses, this means profits are their first priority, not your health or well-being. Insurance adjusters routinely deny or lowball settlement offers to avoid paying the maximum compensation on a motorcycle accident claim. While your insurance company should help, chances are they will not. Do not accept their first settlement offer because chances are the amount will be far lower than you deserve. The idea of taking your claim to court in Greenville might be intimidating, but it might be the best way to get the compensation you are owed for your bike wreck. Our motorcycle accident case attorneys can help you fight back and protect your claim when your insurance company refuses to pay. Motorcycle Accident Compensation Once you have determined that you were not at fault and are ready to get started, you will need to focus on how much your motorcycle crash claim is worth. Determining the proper amount is easier said than done. This is another area your motorcycle accident attorney can help with and relieve you from the stress associated with being overwhelmed by the claim process while simultaneously trying to recover. In South Carolina, you can pursue two primary types of damages: economic and non-economic. Economic damages cover any injury or property-related costs, current and estimated future expenses, for example: Medical bills Medications Surgery costs Therapy and rehabilitation Lost wages Loss of future wages Damage to your bike Non-economic damages are more difficult to calculate since they are intangible, but are still costly. For example: Pain and suffering Trauma, fear, and emotional pain Loss of enjoyment of life PTSD Disfigurement and scarring Loss of limb Permanent disability Loss of consortium An attorney can work with you to determine the total amount of your economic and non-economic losses. You might have been injured by a person who was grossly negligent or intentionally harmful. In these cases, the other driver did not just make a mistake. Some examples include drunk driving or vehicular assault. Punitive damages are meant to punish the at-fault driver in these scenarios. It is important to understand: Punitive damages are not common and are reserved for egregious cases of negligence South Carolina caps punitive damages at $500,000 or three times your actual damages, whichever is higher It takes a substantial amount of proof to be awarded punitive damages Your attorney can advise you if it is possible to receive this type of compensation. What Is the Average Settlement For a Motorcycle Accident? Several factors determine the amount of a verdict or settlement offer in a motorcycle accident lawsuit. These include: Who is at fault. This determination is essential to any form of settlement. For you to be eligible to receive compensation, another party has to be more than 50% liable for the accident. Medical bills and lost income. These expenses and loss of income factor into a settlement and can be extensive, depending on how the injury has affected or will affect your daily life. Severity of injuries. If dealing with a catastrophic injury, like paralysis, a settlement will take that into account, as ongoing expenses can be life-long. Pain and suffering. While difficult to quantify, pain and suffering can be significant and are recognized when determining a settlement or verdict. How Can HawkLaw’s Greenville Motorcycle Accident Lawyers Help Me? HawkLaw has been supporting and fighting for South Carolina injury victims for more than 20 years. Our personal injury attorneys each have years of experience and pride themselves on the quality of the legal services they provide, along with their focus on good customer service. Transparent attorney-client relationships are paramount to our legal team, as many of our clients will attest. The statistics and recognitions speak for themselves. To date, HawkLaw has: Won* over $275MM in total settlements for our clients Received numerous awards* Statistics show people suffering a personal injury obtain more compensation with legal representation than when they try to represent themselves. Individuals working directly with insurance companies to settle are often met with a low-ball offer from the insurer. This is a common tactic of insurance companies that aim to reach the lowest settlement possible. Do not risk your ability to receive compensation to cover your injuries and losses. Call our Greenville motorcycle accident attorneys for legal advice and to get started on your claim. What is the Statute of Limitations for Filing a Motorcycle Accident Lawsuit? The statute of limitations for filing a motorcycle accident lawsuit in South Carolina is within three years from the date of the accident in most circumstances. You should always speak to a knowledgeable Greenville motorcycle accident lawyer to confirm whether you can file a lawsuit. In some cases, you may be eligible for an extension. How Common Are Motorcycle Accidents? Motorcycle crashes cause fatalities and devastating injuries, many of which are severe and long-lasting. The South Carolina Department of Public Safety lists the following statistics relating to motorcycle crashes in 2022, the most recent year available: 2,032 collisions occurred involving a motorcycle One motorcyclist fatality occurred every 2.5 days in 2022 151 motorcycle crash fatalities occurred 367 serious injuries were sustained in motorcycle collisions Motorcycle accident victims suffered 1,317 “other” injuries Where Do Most Motorcycle Accidents Occur? Greenville, South Carolina, has many beautiful drives, but some are along dangerous roads. High-risk areas include Laurens Road, Woodruff Road, and West Pleasantburg Drive. Many factors contribute to the level of danger on these stretches of road, including high traffic volume and complex intersections. Poor weather conditions are also a factor in accidents, mainly along rural roads with sharp curves and limited visibility or city streets with poor lighting. Motorcycle fatalities are all too common in Greenville, SC, and aren’t limited to high-risk areas. In 2024, fatal accidents occurred at Rutherford Street, I-85, and Augusta Road, among many others. How to Prevent Motorcycle Accidents | Safety Tips for South Carolina Riders In 2022, 6,218 motorcyclists, 15% of all traffic fatalities, suffered fatal crashes in the U.S. According to the National Highway Transportation Safety Administration (NHTSA), this is significant, being the highest number of motorcyclists dying in accidents since “at least” 1975. To help avoid becoming a statistic, follow these safety tips: Always protect yourself by wearing a full-face helmet and by covering yourself with protective gear. Inspect your motorcycle’s tire pressure, headlights, taillights, turn signals, handlebars, horn, brakes, fuel, and fluids before taking your bike out to ride. Avoid riding in inclement weather when roads are wet, slick, or icy (check weather reports before you go). Never drink or use any drugs or medications (even prescriptions or over-the-counter drugs) before getting on your bike because many may cause you to become impaired or feel drowsy. Obey traffic laws, always drive the speed limit, and keep a safe distance behind other cars, SUVs, and trucks. Make yourself visible to other motorists by avoiding blind spots, always using headlights, wearing bright or reflective clothing, and always using your signals. The more other drivers see your intentions, the safer you will be when driving on roadways with other vehicles. Watch for unexpected road hazards and always be observant of your surroundings while operating your bike. Take a safety course and then an advanced course to learn advanced methods of driving a motorcycle (you can also take a refresher course as needed). No matter how careful you are, sometimes accidents can’t be prevented. When the worst happens, a motorcycle crash lawyer can help. Knowing a law firm is on your side and advocating for you can give you peace of mind during an otherwise traumatic time. Hurt? Fight Back with Your Neighborhood Greenville Motorcycle Accident Attorneys If you are the victim of a motorcycle accident in Greenville, SC, or if you have recently lost a loved one to a motorcycle accident, it is important to get the help you deserve. HawkLaw's attorneys are strong motorcyclist advocates who can work to get justice for you. Contact us to schedule a free, no-obligation case review,* and get the peace of mind you deserve. ### Wrongful Death Lawyer Columbia Seek Fair Compensation with a Columbia Wrongful Death Lawyer Suffering the death of a loved one in a fatal accident is one of the most agonizing experiences you can go through. Especially if it comes to light that the accident was not only preventable, but occurred because of the negligence, recklessness, or intentional actions of another person. If you’ve suffered a loss due to the negligence or irresponsibility of another party, you probably have many questions. Call the compassionate wrongful death attorneys of HawkLaw Firm at 888-HAWKLAW in Columbia, South Carolina to help you find answers to your questions. What is a Wrongful Death? Under South Carolina law, if a death is caused by the negligence, recklessness, or intentional actions of another person(s), surviving family members of the victim may be eligible to bring a claim for damages against the parties responsible for their loved one’s death. Type of Personal Injury Case Examples of personal injury cases include accidents due to automobiles, motorcycles, slips and falls, medical malpractice, and nursing home abuse, to name a few. A skilled attorney can look at the circumstances surrounding the death and determine if there is a case. Victim Dies as a Result of Injuries If a victim dies as a result of injuries suffered due to the actions of a wrongdoer, this can be considered a wrongful death under South Carolina law. No Ill Intent Intended Most wrongdoers and their insurance companies will claim no ill intent on behalf of the defendant; however, this may not be the case. Victims should consider pursuing legal action and let a court decide. South Carolina has what’s called a modified comparative negligence rule. Under certain circumstances, victims may be ruled partially to blame for injury or death and this will impact the percentage of damages that can be awarded. A knowledgeable Columbia wrongful death lawyer can examine the case and determine your legal options. What Are Some Common Causes of Wrongful Death Cases? Wrongful death cases occur under many different types of circumstances. The main factors associated with wrongful death are if the person(s) at fault acted negligently, recklessly, or with intention. Common causes of wrongful death cases include: Car Accidents Auto accidents and truck accidents caused by reckless driving often lead to tragedy. If your loved one’s death was caused by a car accident due to the irresponsible driving of a motorist, the driver can be held to blame for wrongful death. Motorcycle Accidents Statistics in South Carolina indicate almost 150 people die in motorcycle accidents each year (1). If reckless driving causes a person’s death, the families of victims are permitted to pursue damages. Slip-and-Fall Accidents Slip-and-fall accidents are the most common type of injury sending millions of people to the ER each year (2). In these accidents, circumstances that could have prevented the accident are often present. Medical Malpractice Sadly, medical malpractice is one of the top causes of death in the U.S. (3). South Carolina law does permit victims to pursue damages in medical malpractice cases. The amount is capped at $350,000 per defendant to compensate for pain and suffering and $1.05 million overall (including all defendants) (4). Defective Products Wrongful death can be caused by the use of a defective product when the product was used as designed. Families can pursue justice against the manufacturer, distributor, or other party involved with getting defective products to consumers that lead to death. Nursing Home Abuse People send their loved ones to nursing homes with the expectation they’ll receive good care. Unfortunately, sometimes doctors, nurses, or other caretakers are abusive and/or irresponsible with care. Families of nursing home abuse victims are permitted to pursue justice under South Carolina law. If you’ve lost a cherished member of your family due to the actions of another person(s), it’s important to contact a knowledgeable wrongful death attorney as soon as possible. What Types of Damages Occur in a Wrongful Death Lawsuit? South Carolina law allows families who lose a family member in a wrongful death situation to seek compensation for both economic and non-economic losses. Loss of Companionship for Surviving Family Members Families, including surviving spouses, beneficiaries, and surviving parents, who have lost a loved one are eligible to seek damages for loss of companionship under South Carolina law (5). Loss of Financial Support and Wages Losing a family member can also be financially devastating. As you struggle with the unexpected loss of your loved one, you’ll also probably worry about the financial future of your family. Courts will often award damages to help families recover from the loss of financial support and wages. Funeral Expenses for the Deceased Person Funeral expenses are costly. Families of wrongful death victims in South Carolina are allowed to pursue compensation to cover the expenses associated with the burial of their loved ones. Medical Expenses Incurred Before the Decedent Died Many victims are given medical treatment for their injuries before they pass away. This can leave families with large medical bills for this care. Families can pursue these expenses to be paid by the party who was at blame for their loved one’s death. Punitive Damages to Hold the Negligent Party Accountable Punitive damages are monetary awards given to victims that exceed their economic losses. Courts will often give families of wrongful death victims punitive damages to punish the defendant and set an example to others that the behaviors will not be tolerated. A knowledgeable Columbia personal injury attorney can examine your case to see if your situation is eligible for punitive damages. What Should I Do After a Fatal Accident? After a fatal accident occurs, it’s difficult to think of the future. This senseless event can be hard to digest. Not only are you dealing with the shock of losing your loved one, but also with the longer-term effects, including the emotional toll and financial devastation in the aftermath of wrongful death. However, it’s important to take action quickly. Call an Attorney Right Away After a fatal accident occurs, it’s important to call a personal injury attorney right away. South Carolina imposes a statute of limitations on wrongful death cases. Avoid Taking a Settlement from an Insurance Company It’s very likely you’ll quickly hear from an insurance company to try to settle a wrongful death action case, usually, at a time when victims are still in shock over a loved one’s death. Insurance companies often make low settlement offers to swiftly close the case, waiving your right to a wrongful death lawsuit. Seek a Free Case Evaluation to See if You Have a Wrongful Death Case As soon as possible, seek a case evaluation from an experienced personal injury lawyer. They’ll carefully look through the details and circumstances associated with the event that led to the wrongful death of your loved one, identifying any wrongdoers that may be to blame. How Can HawkLaw Help with a Wrongful Death Case? The negligent party who caused your loved one’s wrongful death may suffer or even feel bad, but that pain is nothing compared to the aftermath of such a devastating loss. At HawkLaw, our legal team understands the pain South Carolina families suffer after experiencing the tragic loss of a family member, especially a preventable one. We’ll stand with you during this difficult time and help you receive justice for the great loss you’ve suffered. Understanding All Potential Damages No amount of money can ever replace the loss of your loved one. However, receiving financial compensation in the form of potential damages might help ease some of the burdens you carry after your devastating loss. We can examine your case, offer legal advice, and present you with your legal options. Understanding the Statute of Limitations, and Exceptions The State of South Carolina places a three-year statute of limitations on wrongful death claims. This means a lawsuit must be filed within three years from the date the death occurred. If a suit is not timely filed, a South Carolina court will likely refuse to hear the case. There may be some exceptions, but it’s best to speak with a Columbia personal injury attorney as soon as possible. They can determine if any exceptions would apply and ensure the eligibility to file a wrongful death claim does not expire. Aggressive Representation The parties responsible for a wrongful death will work hard to protect themselves. You’ll want someone on your side. HawkLaw has a proven track record of aggressively pursuing justice for South Carolina families. We take the attorney-client relationship seriously and promise to represent you as we fight back against defense attorneys and insurance companies that seek to minimize your loss and pain. History of Successful Wrongful Death Suits HawkLaw has 20 years of experience in successful wrongful death suits to bring justice to South Carolina families. The verdicts we’ve fought for vary since every case is unique. Schedule Your Free Case Evaluation with a Columbia Wrongful Death Attorney HawkLaw has been fighting for South Carolina families since 2002. Our caring and compassionate legal team understand the trauma you’re going through after the loss of your loved one. To request a case evaluation, call 888-HAWKLAW or complete the online contact form to speak with an experienced Columbia wrongful death lawyer at HawkLaw today. ### Workers' Compensation Attorney Columbia Most of us head to work every day without thinking about what we'll do if there's an accident. You're thinking about clocking in on time, what you'll do for lunch, and what you have on your plate for the day. Unfortunately, a work accident or work illness can happen at any time. An on-the-job injury can leave you struggling to decide what to do next. Any injury can be expensive and painful, but when an injury occurs at work, who's financially responsible? And what can you do if that party doesn’t want to provide the workers comp benefits you’re entitled to under the law? It's a tough spot that many injured South Carolina workers find themselves in every day. Fortunately, you don't have to move on without compensation—even if you've been denied. Instead, reach out to a Columbia workers comp lawyer at HawkLaw, PA. We'll review your case and help you fight for what you’re owed while you focus on resting and recovering. Who's Eligible for Workman's Comp in Columbia, South Carolina? Before you get started, you'll need to know whether you qualify for workers compensation at all. If you don't qualify, you may need to take different steps to get your benefits. This makes the process even longer for you if you're not qualified, so we'll focus on your eligibility first. While most South Carolina workers have these benefits and should be notified of them, it's possible that your workplace doesn't carry work comp insurance or may not make it clear to employees that they have these benefits. If you're one of the following types of workers, you may not have access to workers compensation benefits: Some agricultural workers Some railway employees Workers at companies with fewer than four employees If you work in one of these positions, that doesn’t mean you'll have no chance to recover compensation for your injuries. For example, some groups, such as some federal employees, are covered through the agencies they work with. Reach out for help if you're not certain that you're covered by workers compensation insurance. Fortunately, a workman’s comp lawyer in Columbia can help you get the answers you need and fight for the benefits you’re owed. Your Work Comp Benefits Maybe you know you're qualified, but you're unsure of what benefits you could get through workers compensation. It's important that your benefits cover your needs while you're trying to heal. Fortunately, South Carolina offers workers benefits meant to meet their needs. If you're injured on the job, you could be eligible for any of the following benefits, depending on the details of your situation: Medical Care – When you're injured, you'll need to seek medical attention immediately, but that can get expensive quickly. Fortunately for injured Columbia workers, work comp medical benefits should cover all necessary care for your recovery. Total Disability – After your injury, you may be unable to work for weeks or months—if you're able to return to work at all—but you'll still need some income to support yourself and your family. Total disability benefits can give you two-thirds of your original wages. Partial Disability – Some injured workers are able to return to lighter duties, although that may mean taking a pay cut at work. Partial disability benefits help reduce the strain of lower wages. You should receive two-thirds of the difference between your original wage and your new, lower one. Death Benefits – Sadly, you may be seeking information not for your own injury, but for a loved one. If your spouse was killed in an on-the-job accident, you'll be entitled to compensation for the burial. You can also receive a weekly wage-replacement benefit. The Workers' Compensation Process You know you need your benefits, and you know you're qualified to get them, but what now? You'll need to file your Columbia workers comp claim with the appropriate parties. First, you'll need to seek medical treatment. This isn't just because your injuries could be serious or even life-threatening. It also protects you from accusations that your accident didn't happen at the time it did. So, if you fall and hit your head, go to the doctor to check for a concussion, even if you feel fine. It may be harder to get workers comp if you begin having symptoms later on. Once you've filed your claim, it will be up to your employer to contact the workers comp insurance company. The insurer will then review your claim, looking at medical evidence and accident reports to determine the validity of your story, as well as how much your claim is worth. Once the investigation is finished, you'll receive a letter stating that you've been approved or denied for workers comp benefits. If you're approved, you're ready to begin using your benefits for your recovery. Handling a Denial Unfortunately, you might instead receive a work comp claim denial, and that can feel frustrating. You're likely wondering what exactly you can do about a denial. Fortunately, you don't have to take the workers comp insurer’s initial response and go without compensation. Instead, you can file an appeal and schedule a hearing for your benefits. Your Columbia work comp attorney will appeal on your behalf and argue for the workers compensation you need. Because the insurance company is required to provide a reason for your denial, we can use this to address the insurer’s concerns and make your claim bulletproof. Some of the most common reasons that workman’s comp claims are denied include the following: Lack of medical evidence Missed filing deadlines Suspicion that the injury is not serious enough to prevent you from working A claim that the accident didn’t happen at work While some of these reasons are easier to address than others, your workers comp lawyer in Columbia will have the resources you need to decide how to fight back. For example, if you're lacking medical evidence that your injury was serious enough to warrant compensation, you may need more exams to diagnose your condition. Connect with a Columbia Workers Comp Attorney A workplace accident or injury in an auto accident on the job can be a painful, frustrating experience. You've been injured, you're in pain, and now your employer and the work comp insurer don’t want to compensate you for the injuries you suffered. That makes it even more difficult to recover and return to work—if you're able to return at all. A claim denial is especially difficult. You need your workman’s comp benefits to overcome your injuries, but what can you do if you’ve been denied? Fortunately, a lawyer from HawkLaw, PA can help you appeal. You’ll need someone with the experience and knowledge necessary to determine whether you’re eligible and how much compensation you should receive. You can get started on your case with a free consultation at our firm. We’ll review your accident, discuss whether you’re eligible for work comp, and show you what we can do for you. That way, you’ll know before we get started that we’re the right firm for you. If you’re struggling with your workers compensation claim, reach out to us for the help you need. Contact a Columbia workers comp lawyer by calling 1-888-HAWK-LAW (429-5529) or by completing the online contact form at the bottom of this page. ### Truck Accident Lawyer Columbia It's overwhelming to deal with pain and medical care while also managing an insurance claim or personal injury lawsuit against a truck driver or company. That's why it's a good idea to work with a lawyer who understands the law and how to get the most compensation for what you've been through. If you have been hurt in a crash with a tractor-trailer, it's time to reach out to our Columbia Injury Law Firm for help with your case. Types of Tractor-Trailer Accidents in Columbia There are different kinds of tractor-trailer accidents that a truck driver could cause. These may include: Commercial trucking accidents caused by a big rig that jackknifes Rollover collisions Head-on 18 wheeler collisions Drunk driving collisions Jackknife accidents Crashes caused by driver fatigue or mistakes. Below are some of the most common types of truck crashes that you may see with an injury claim. Accident Caused by a Spilled Load The first kind of truck accident is one caused by a spilled load. Truck accident injuries could include crushing injuries, injuries from chemical spills, and more. Spilled loads may also enter the roadway and cause collisions related to the debris. When the load includes wildlife or farm animals, there could be significant losses with a higher risk of a pile-up.  Head-on 18 Wheeler Collision A head-on car accident may happen if a tractor-trailer goes over the middle line and hits another vehicle. Head-on collisions may involve oncoming traffic as well as traffic at intersections. For example, if the tractor-trailer driver turns into the wrong lane at an intersection, they could hit a parked driver head-on. Jackknife Tractor-Trailer Accident A trucking company may be at fault when a truck driver causes a jackknife accident. With this kind of accident, the truck's trailer swings forward faster than the cabin, which causes the driver to lose control. Rear-End Truck Collision A rear-end crash with a large truck may occur if truckers suddenly slam on their brakes or collide with the rear of another vehicle due to distractions or vehicle malfunctions. These crashes are easily avoided by performing regular maintenance on a semi, slowing down, and paying attention to traffic.  Rollover Tractor-Trailer Accident A rollover tractor-trailer crash happens when truckers lose control of their commercial vehicles, which results in the vehicle rolling over. Rollover crashes are more likely when the winds are high or when a driver is speeding more quickly than they should for the conditions or weight of their vehicle. Causes of Tractor-Trailer Accidents in South Carolina Many kinds of crashes may result in losing a loved one or injuries to yourself or others. Three of the leading causes of a motor vehicle accident include distracted driving, driving while fatigued, and drunk driving. The Federal Motor Carrier Safety Administration has Hours of Service regulations that all drivers and trucking companies must abide by. Violating the FMCSA's rules is against the law. The FMCSA Hours of Service regulations were last updated in Sept. 2020.  Distracted Driving Distracted driving may result in a crash due to not paying attention to the road. Distracted driving may include changing a radio station, talking on a cell phone, talking with passengers, rubbernecking, or texting. Distracted driving may take your eyes off the road, hands off the wheel, or attention off what you're supposed to be doing: Driving. Unfortunately, all of these distracting actions can lead to a collision. Driving While Fatigued Driving while fatigued may lead to serious injuries if the driver falls asleep behind the wheel. They will not be awake to prevent a crash or to maneuver to avoid injuries. The FMCSA has Hours of Service regulations in place to require that all truck drivers get enough rest to be sure they are driving safely when they're behind the wheel. A violation of those HOS regulations can lead to liability for the driver and their employer. Drunk Driving and Driving Under the Influence Another common cause of truck accident cases is drunk or drugged driving. Auto accident injuries in drunk driving cases can be severe. It's illegal to drive a commercial vehicle with a blood alcohol concentration of .04% or greater. It is also illegal to drive within four hours of drinking alcohol or if you are impaired by legal or illicit drugs. Common Injuries in Commercial Truck Accident Cases Many injuries can occur in a commercial truck accident. These may include: Brain injuries Burns Spinal cord injuries Broken bones Emotional distress Catastrophic injuries There may also be other injuries, such as crushing injuries and chemical exposure injuries. Any injury requires immediate medical care and an examination to help those injured start on the road to recovery. Remember that commercial trucks sometimes carry dangerous materials, which is why there is a heightened risk of burns or fires. You may also have a greater likelihood of being badly hurt or killed in a crash due to the weight of a commercial vehicle. Did you know that the average passenger vehicle weighs only 2,871 pounds? A typical commercial vehicle weighs 20,000 on a single axle, 34,000 for a tandem axle, or up to 80,000 for the full gross vehicle weight. Such a major weight discrepancy is why it's much more likely for passenger vehicle occupants to be severely injured if they're involved in a crash with a large truck. Who's Liable for a Truck Accident in Columbia?  Determining who is liable for a truck accident after a South Carolina truck accident will depend on the cause of the crash. However, if the truck driver made an error that led to a crash and injury cases from truck accident victims, then they, and potentially their employers, could be held liable. Compensation Available to 18-Wheeler Crash Victims There are a few types of damages available for victims of a truck crash. Liable parties may be responsible for covering the victims' legal contingency fees, punitive damages, and compensation for medical bills and medical expenses. Your personal injury lawyer will talk to you about the different types of damages available in your case. A Columbia truck accident attorney can discuss the value of your cased with you based on factors such as your: Medical bills Need for physical therapy The value of the insurance plan offered through the insurers  Medical treatment that is needed now and in the future Non-economic damages, such as a loss of consortium Losses due to damages to your vehicle Passenger vehicles are not intended to stand up to the weight and impact of trucks in trucking accidents. Your personal injury attorney will fight for fair compensation so that your truck accident claim is valued appropriately.  Columbia Truck Accident FAQ The following are a few common questions that motorists have when making a truck accident claim. Whether you have a personal injury or are dealing with a wrongful death, you deserve the right information when making your claim. How Long Do I Have to File a Claim for a Semi-truck Accident? You have limited time to file and should act quickly, but how long you have depends on various factors involved in a truck accident claim. You could be prevented from seeking further compensation if you wait too long, but it's a good idea to talk to your attorney to find out what your options are no matter how much time has passed. I Think I Was Partially Responsible for My Truck Accident. Can I Still File a Claim? One good thing about your attorney-client relationship is that you can talk about your liability in the case and understand where you stand. South Carolina recognizes "modified comparative negligence," which means that you will have the compensation you could receive reduced by the percentage at which you are at fault for the collision. If you're 20% at fault, you will only get 80% of the compensation ordered.  Should I Accept the Insurance Company's Settlement Offer? It is not a good idea to accept the insurer's initial insurance settlement offer. Instead, call HawkLaw or make an appointment to get legal advice about the offer. Before you accept any offer, you need to be sure that it will provide you with the compensation that you will need during your recovery. If the compensation offered is not high enough, then you should not settle. Your personal injury attorney will negotiate on your behalf to try to increase that settlement offer.  If you do accept a settlement, you may limit your ability to collect further compensation if you need it in the future. Call for a Free Consultation* With a Columbia Truck Accident Lawyer Were you involved in a truck accident in South Carolina and need more information on your rights? For a free consultation* with a Columbia truck accident lawyer, call HawkLaw Firm at 1-888-HAWKLAW or complete our online contact form today to speak with an experienced truck accident lawyer today. ### Motorcycle Accident Lawyer Columbia Motorcycles are a popular alternative for those who want to save gas but might not be able to bike or walk to the places they need to go. Motorcycles give people a level of freedom that they might not otherwise have. Unfortunately, that freedom may come at a price. Motorcycles aren't as protected as other vehicles, which means a motorcycle crash can be especially devastating, leaving you with severe injuries that take time to recover from. If you’ve been in such a crash, you need compensation now, but the insurance company and another driver may not be willing to give you what you deserve without a fight. That's why you need to contact a lawyer at HawkLaw, PA. Our attorneys know how serious motorcycle crashes are and how tough it can be to fight back for your compensation. Fortunately, we'll fight back on your behalf. Get in touch with a Columbia motorcycle accident lawyer at our firm. Motorcycle Crashes Are Serious Unfortunately, it's tough to fight back by yourself after a motorcycle accident when you're dealing with the painful consequences. These damages can be devastating, and they can leave you struggling to recover for some time. In some cases, it may be impossible to fully recover. Motorcycle injuries can be overwhelming, which makes it even more difficult to fight for the compensation you need. You might have suffered one or more of the following injuries: Traumatic brain injuries Spinal cord injuries Internal bleeding Friction burns Bone fractures Some of these injuries can lead to permanent impairments. If you suffer a spinal injury that leads to paralysis, you might need lifelong treatment for your condition. These injuries don't go away, and it can take months or longer just to recover to the point that the pain is close to manageable. Even injuries you might consider minor can be serious. For example, friction burns may not seem as serious as brain injuries, but this injury, also called "road rash," can leave debris in the wound, which can be painful and difficult to clean, raising the chance of an infection. That’s why it’s important that you’re fully compensated for all of your injuries—so you can get all the necessary medical treatment. Insurance and Columbia Motorcycle Accidents When you're seeking help after a Columbia motorcycle accident, your first thought might be to turn to the insurance company. Unfortunately, insurance companies aren't always so helpful when it comes to motorcyclists. Motorcyclists are the victims of many untrue stereotypes, many of which are harmful. Insurers might assume that you're reckless and dangerous on the road simply because you travel on two wheels. Even if they don’t believe that, they might try to make it seem that way to make it look like your crash was your fault. If that effort is successful, you could see your compensation decreased or taken away entirely. In some cases, the insurance company may try to lowball your settlement, giving you an offer so low it's insulting. Motorcycle crashes are expensive, so you'll need the full settlement you deserve. Unfortunately, the other side may claim that the lowball offer is the best they can do in an effort to make you desperate enough to take their offer. They'll try other methods, too. You can expect to have trouble contacting them, getting late or slow replies. You may not get a response at all. If you're having trouble with the insurance company, reach out to a motorcycle accident attorney in Columbia for the help you need with your claim. Compensation for Columbia Motorcycle Crash Victims Motorcycle accidents can be expensive, so you'll need to know the full extent of the losses you've suffered before you ever file your claim. Once you accept compensation for your claim, you likely won't have a chance to recover more, so make sure you get the full amount you need on the first go-round. This means you'll need to consider your economic and non-economic damages. That means both your financial losses and the emotional and mental suffering your motorcycle accident has caused should be accounted for. Unfortunately, the value of a motorcycle crash claim isn't easy to calculate alone. Non-economic damages can be tough to calculate because they'll depend on the severity and impact of your injuries. Fortunately, a Columbia motorcycle crash attorney will have the tools you'll need to accurately calculate your compensation. Consider including any of the following damages you've suffered: Lost income Damage to your ability to work Property damage Medical expenses Pain and suffering Emotional trauma Loss of consortium Laws That Will Affect Your Case Make sure you're keeping in mind the important South Carolina laws that will affect your claim. In some cases, your compensation could be reduced or lost completely if you make a mistake regarding one of these laws. That's why many people in your situation team up with a Columbia motorcycle crash lawyer. While you may not need to know about every law that affects your claim, your motorcycle accident lawyer in Columbia will review the most important laws that will affect you. First, remember that you'll only have a limited time to file your claim. The South Carolina statute of limitations holds that you'll only have three years to file your claim. If three years pass before you file your claim, your case will be dismissed, and you'll be barred from recovering compensation. You'll need to protect your claim by acting quickly. You’ll also need to be prepared for the negligent driver who harmed you to claim you were also partly responsible for the accident. If you don't fight back, this could reduce your compensation by the percentage of fault you're found responsible for. That’s thanks to a rule called modified comparative negligence. For example, let's say you were on your motorcycle when another car hit you, but you made a minor error right before the crash and were found 10 percent at fault for the accident. While this might not seem like much, it adds up when you need it most. And if you're more at fault than the other driver, it could mean completely losing your ability to recover compensation. Contact a Columbia Motorcycle Accident Attorney After a motorcycle crash, it's tough to recover from the suffering you've been put through. The physical injuries you've suffered are bad enough, but you'll likely be dealing with financial and emotional losses, as well. That's why you need to call a lawyer from HawkLaw, PA. Dealing with any kind of accident can be devastating and complex, but when you're a motorcyclist, you'll also need to overcome the unfair assumptions many people make about motorcyclists. Fortunately, our lawyers can handle all of this and fight back for you. We'll get started with a free case review, where we’ll show you how our attorneys can help your claim succeed. We understand how important it is to get the full compensation you need, and we'll help you fight for it. Ready to get started? We're a click or call away. Reach out to a Columbia motorcycle accident lawyer by calling 1-888-HAWK-LAW (429-5529) or by completing the online contact form.   ### Car Accident Lawyer Columbia Common Causes of Columbia Car Accidents Accidents are sadly more common than you might often think. In a split second, a reckless motorist can change your life forever. Distracted driving is one of the top reasons motor vehicle accidents occur, but a variety of causes contribute to the overall rate of accidents in Columbia. Here are some of the most common causes of car accidents to look out for: Driving under the influence of drugs or alcohol (DUI) A car hits you while you are biking, walking across a street, or even on the sidewalk. Reckless truck drivers who have not followed regulations or are simply careless (truck accidents can be particularly dangerous due to the sheer size of the vehicle involved). Another vehicle rear-ends yours while at a traffic stop Head-on collisions at intersections A driver is distracted by their cell phone, eating food, or smoking (to name a few) If drunk driving is involved, an experienced attorney in Columbia can work to protect your rights, but also, indirectly, the rights of others. DUI is a common repeat offense, so perpetrators need to be held accountable in an effort to prevent their reckless driving under the influence from hurting other people in the future. Common Columbia Auto Accident Injuries If you have suffered any of the following injuries or other serious losses, reach out to a Columbia auto accident lawyer for help with your claim: Traumatic brain injury Back or neck injury Spinal cord injury Whiplash Severe burn Painful laceration Broken bone Internal bleeding This is not an extensive list, but only an example of the many physical problems you might suffer after being a car crash victim and does not include the emotional injuries you may struggle with after your injury. Always seek medical treatment as soon as possible after an accident since some injuries are hidden or may not emerge until days or weeks after the accident. Before you seek financial compensation for your car accident injury, first, you will need to assess the specific injuries you have suffered because of the crash. Auto collisions can be especially dangerous, so it is important for you to keep track of the suffering you have been put through. The damage suffered could be extensive, so it can be helpful to keep a private log of your injuries and experiences that can be referenced alongside your medical records. Injuries in auto crashes tend to be serious because the impact is likely to happen at high speeds. While cars have become safer than ever, a car crash can still leave you to deal with life-changing catastrophic injuries. Once you have suffered these injuries, you will need to fight to get the compensation you know you deserve. One injury is enough to make any undertaking a challenge, and you might have suffered several injuries, so the path ahead may not look easy. Fortunately, an experienced car accident lawyer can help ease the burden on your shoulders by taking care of the legal issues for you while you focus on recovery. Seeking Guidance from a Columbia Car Accident Attorney After an Accident Experiencing a car accident can be terrifying, and knowing what to do in the aftermath can be highly stressful. It is important to try to follow certain steps in the immediate minutes and hours after a motor vehicle crash occurs to protect yourself, make certain everyone is safe, and also protect yourself from a legal perspective. Call 911 if it appears anyone involved in the crash needs immediate medical care for serious injuries. Contact police to confirm a police report is filed (this will prove to be very important later on). If not seriously injured, stay put at the accident scene until law enforcement arrives. In minor crashes, move the car to a safe space away from traffic lanes but as nearby to the accident site as possible. In serious crashes, leave the car as is and, if possible, get everyone to a safe location away from traffic. Document Details About The Accident You will also want to gather as much documentation as possible to provide a careful timeline of events and conditions surrounding the car accident. Get the following information as soon as reasonably possible after a collision occurs. Record the location of the accident and time of day. Take photos and, if possible, videos of the accident site and any accident details. Take photos of any skid marks, street signs, potholes, or any other relevant details that may have contributed to the crash (even if you are not certain). Collect contact information from anyone who witnessed the accident and can provide a first-hand account. Write down the insurance company of the other party, along with their contact information. Contact a Columbia personal injury attorney as soon as possible for a free legal consultation,* especially since there is a statute of limitations in South Carolina to file a personal injury claim. If you are injured and are unable to gather documentation, try to ask if another individual can take some photos and write down any other pertinent details associated with the crash. Any evidence you collect will be useful later on when you decide to open a personal injury claim or if someone files against you. Remember, the sooner you collect evidence, the better it will be for your overall case. Were You Injured in a Auto Accident? HawkLaw Is Committed To Fighting For The Compensation You Deserve FREE CONSULTATION* 888-HAWKLAW Recovering Compensation For Your Columbia Car Crash You know you will need to file your claim for your car accident damages, but how much are you owed? Knowing what your claim is worth is critical to obtaining the full compensation you are owed, but that is often difficult to determine without the tools a lawyer will have access to, especially since insurance companies tend to make underestimated offers to accident victims. Do not be surprised when insurance adjusters try to take advantage of you as well. Remember, their business model necessitates that they deny paying as much compensation as they think they can get away with. First, you will need to confirm that you include all of your economic damages. Damages that are easily quantifiable. Damages that can easily be translated into specific dollar amounts. Damages that can be demonstrated with hard, undeniable evidence. What about the suffering your injuries caused? These fall under non-economic damages. Damages that are not easily quantifiable. Damages that deal with suffering and other abstract experiences. Damages that often require convincing and more thorough pieces of evidence. Fortunately, your Columbia car wreck lawyer can help you determine what these damages are worth. We have the resources and experience you will need to find the value of all of your damages, which can vary based on how severe your suffering was. If you are not sure what your damages should include, see the list below for some damages that are common after serious car accidents: Current and future medical expenses Medical bills from doctors, hospitals, and therapists Lost income and wages Pain and suffering Emotional trauma Property damage Loss of future wages Car damage Additionally, if you have suffered permanent disability, disfiguring scars, or the wrongful death of a loved one, along with any pain and suffering you have struggled with since the accident, this is also considered when awarding compensation. Fault For Car Accidents In Columbia, South Carolina Once you’ve taken note of the injuries you have suffered, you will need to know who is financially responsible for those wounds and the medical bills that pile up because of them. Finding the person responsible will be a major part of filing your claim. Though what challenges can Columbia car accident victims expect as they file their claims? Collect the other driver's insurance information. (Because South Carolina is a “fault” state, the at-fault driver or his or her insurer will be responsible for paying the expenses tied to your crash.) Insurance providers will argue against claims that the at-fault driver is actually liable. A lawyer serves as critical defense against an insurer's substantial financial resources. Your case needs to be stronger than the case that is built against you. Insurance companies tend to be more willing to settle if you are prepared to go to trial with your case. Most car accident cases are settled before going to trial. The Insurance Company Will Not Want To Help Unfortunately, the at-fault driver’s insurance company might not be easy to manage. If your claim is especially costly, you might have some extra trouble getting the settlement you deserve for your injuries. You will need the full amount to recover, of course, so do not hesitate to ask for help if you are afraid there is something wrong with your settlement offer. Keep in mind that insurance companies will likely do whatever they can to avoid paying you the full amount. It is unfortunate, but insurance companies do not always make fair settlement offers. In some cases, you may have trouble getting any response at all from these insurers. This can make it difficult to recover, but a car accident lawyer in Columbia can help you fight back when the insurance companies are not being fair after an auto wreck, or if they try to shift the negligence to you. Be wary of lowball settlement offers that will not cover the expenses you incurred due to the accident. Know what your claim is worth by contacting an experienced personal injury lawyer. Prepare for common tactics like refusing to respond to you or avoiding paying the full amount you are owed. Remember that insurance companies only profit by denying you as much compensation as they feel they can get away with. Columbia Uber Accident Lawyer When you are in a rideshare accident, it can be tough to identify the person responsible for your injuries. You may need a Columbia injury lawyer’s help when your Uber trip goes wrong. Your attorney will know exactly what course of investigation in this type of car accident case to take to protect your rights and obtain justice for any accident-causing behaviors or vehicle conditions that led to your injury. After all, a lawyer will know who to target in a lawsuit, whether it is the rideshare driver, the rideshare company, or another driver altogether. Why Work With HawkLaw At HawkLaw, you can proceed with your personal injury case with confidence. Throughout our 25 years of practice, we have won more than $275 million* in total settlements for our clients. Our lawyers have also won several awards, including Super Lawyers Rising Stars 2021 for J. Camden Hodge. Recent Client Testimonials My experience is: they prompt, efficient, courteous and helpful. I will use them again. My paralegal, Ms. Shalon and my attorney, Ms. Pruitt made me feel as though i was their only client. -Aaron W. Everyone at Hawk Law that I dealt with was helpful. Response times to questions were great, and if they weren't sure of the answer, they got back to me quickly with the answer. - Burt L Speak With A Columbia, SC Auto Accident Attorney A car crash can be a dangerous, traumatic experience. After an accident, you might struggle with serious mental scars, and the bills will still keep piling up. You deserve compensation for the suffering you have been through because of the other driver, but their insurer might not be willing to pay. That might mean you have to take your case into a courtroom for an injury claim, but that can be difficult when you are struggling with injuries and other damages. Failing to give your case the full attention it needs could mean losing part or all of your compensation. To get the full compensation you deserve, speak with a qualified Columbia car accident attorney from HawkLaw, P.A. Our attorneys can fight for your compensation when you are recovering, taking some of the stress of a lawsuit off of your shoulders during this difficult time. We will even begin with a free consultation* so you know we are the right firm for you before we get started on providing you with sound legal advice and a communicative attorney-client relationship. If you or a loved one have suffered injuries and losses in an automobile accident or another kind of personal injury accident, reach out to a Columbia auto accident attorney for the help you need. Our practice areas are diverse. Just give our South Carolina law firm a call or fill out the online contact form at the bottom of the page to receive a free case evaluation.* Someone from our legal team will get right back to you. ### Motorcycle Accident Lawyer Spartanburg Motorcycles can be a light, fast, and easy way to travel. You have places to go, and you want to save gas or simply enjoy the freedom of the road. Sadly, that freedom comes with a price. You’re exposed to unique road hazards and vulnerable to other drivers. That could mean a lethal crash on your bike or dire injuries. Sadly, the latter might be your situation, and you’re now struggling to recover from it. Motorcycle crashes are often devastating, and it could be that you’re also suffering for an accident that wasn’t your fault. To recover, you’ll need legal help from a Spartanburg motorcycle accident lawyer. Our attorneys at HawkLaw, PA understand what a difficult situation you’re in. It’s tough to overcome a major injury, and now you may also be dealing with the motorcyclist stereotypes that some South Carolinians still believe in. If you don’t protect yourself, you could be left to deal with the consequences of a crash you didn’t cause. If this is the case, reach out for help. We’ll review your bike crash claim and make sure you get the fair compensation you deserve. Motorcycle Injuries Are Serious Unfortunately, a motorcycle crash is a tough situation. Motorcycles provide very little protection between you and the road, and even helmets aren’t required for all riders. If you’re over twenty-one, you might have been lawfully riding without a helmet. However, that leaves you at risk for serious head trauma. Worse, motorcycles have few of the traditional safety measures meant to protect you in a car wreck, like seat belts or airbags. That means you might impact the road without anything to protect you. Because of this danger, many motorcyclists face extreme injuries without the protections a different vehicle could provide. Some of these injuries can do lasting damage, like a complete spinal cord injury. Any injury to the spinal cord is dangerous, but a complete injury means that your spinal cord was severed, damaging all nerves and leaving you paralyzed below the point of injury. If you’ve suffered a serious injury like this, call us. You’ll need help getting your compensation in Spartanburg. It can be tough to fight back, especially as a motorcyclist, but it will be vital for recovering from any of these injuries, from crash-related burns to bone fractures and more. Finding the At-Fault Party in Your Bike Wreck Once you’ve suffered through an accident, you likely know that you’ll need someone to cover your compensation. You didn’t cause the accident, after all, so why should you have to pay? Unfortunately, you might have to fight for your chance at compensation. First, keep in mind that South Carolina is a fault state. A fault state doesn’t require insurance companies to cover their clients regardless. Instead, the person responsible for the accident is responsible for the financial losses of the injured party. So, if someone hit you in Spartanburg, they or their insurance company will be financially liable for you. Unfortunately, it can be tough to find the right person. While it’s often another vehicle involved in the crash, they might have hit you and ran, leaving you with the bills. Hit-and-run accidents require further help to find the culprit, so you’ll need to recruit someone for your corner. Even if you were the only vehicle on the road, you might still have a claim. Motorcycles are especially vulnerable to road hazards like potholes or standing water. If these damages should have been fixed by the Department of Transportation, they may be held responsible for your suffering. So, don’t assume you have the right person. Instead, seek out a lawyer to ensure it. The Insurance Company May Not Help In fault states, your insurance company will likely still be the first place you turn. You’ll need to report that an auto accident happened, and you might file a claim with them. They’ll use the other driver’s insurance information to give you a settlement and then pursue compensation from the other insurance company. Otherwise, you’ll need to file a third-party claim with the other insurance company. Unfortunately, getting a settlement offer isn’t simple. You’re dealing with a business, which means they’re not handling your claim out of the kindness of their hearts. Instead, they’re thinking about the profit they need to make. Paying out a large settlement simply isn’t in their plan. As such, you can sometimes expect some underhanded tactics, such as the following: Lowballing your settlement Refusing to respond Responding slowly Requesting more information they don’t need Using your statements against you All these tactics have one goal: to make you feel like you have to take their offer. They may not offer you enough to cover your bills, but they want you to think that’s the best you’re going to get. Unfortunately, these tactics work on many people, so make sure you speak to an attorney. Don’t Let Them Blame You Your insurance company may try to devalue your claim, especially if you take your claim to court. Worse, they can do this by using your mode of transportation against you. It’s unfortunate, but many people have lost their claims just by being a motorcyclist and not fighting back. So, how does this happen? South Carolina recognizes modified comparative negligence, which means that if you’re partly at fault for the motorcycle crash, your compensation will shrink. So, if they accuse you of reckless driving, you might be found 25 percent at fault (actual percentages will vary). That would leave you with only 75 percent of your compensation. This negligence law is especially important for motorcyclists because of the harmful stereotypes still used against riders. This is another reason why you’ll need someone to protect you and your full compensation. Getting Compensation for Your Spartanburg Crash Your compensation is vital for your recovery, and it can be tough to manage without that compensation. However, you’ll also need to know what your damages are worth before you seek them. Typically, you’ll need to consider and calculate both economic and non-economic damages. These damages should cover both the financial and nonfinancial damages you’ve suffered. This might sound straightforward, but it’s more complex than you might guess. You might know how much it’d cost to repair or replace your bike, but how much is the mental trauma of a motorcycle accident worth? Get the help you need to accurately find your claim’s worth. When you’re seeking compensation, make sure you get compensation for any damages you’ve suffered, such as the following: Medical expenses Lost wages Property damage Emotional distress Loss of security Pain and suffering Talk to a Spartanburg Motorcycle Crash Lawyer When you’ve suffered a major motorcycle accident, getting compensation can be a nightmare. Your injuries are devastating and expensive, you’re suffering, and now no one wants to cover your injuries. It’s tough to recover, so you’ll need to take action to secure your compensation. Fortunately, you’ll have someone on your side at HawkLaw, PA. We understand the difficulties that motorcyclists face after an accident, and we’re here to help you fight. If you’re struggling to get the full compensation you need, get started with a free consultation*. We’ll walk you through what we can do for you so that you’ll be ready to get started with your accident claim. Looking for help with your Spartanburg motorcycle crash claim? Contact a Spartanburg motorcycle accident lawyer. We can be reached by calling 1-888-HAWK-LAW (429-5529) or by completing the online form below. ### Wrongful Death Lawyer Greenville An injury to a dear family member can be frightening enough. We want to keep our loved ones safe and keep them in our lives for as long as possible. Unfortunately, that's not always an option. You might have already lost a loved one, leaving you and your family to grieve. Worse, it may be that someone else caused the accident that took their life. Your loved one might still be alive if that person hadn't acted negligently, and now your family is suffering for it. You'll need to act now to get your compensation, but who can file, and what could you even receive? You’re likely swamped with questions about your claim. Because it can be so difficult to recover the compensation you deserve after a fatal accident, reach out to a Greenville wrongful death lawyer. At HawkLaw, PA, we understand how horrible it can be to deal with such a painful loss. When you've lost someone dear to you, we'll fight back for your family and for your compensation. Who Is Eligible to File a Wrongful Death Claim? Wrongful death claims are unique. In a typical injury claim, you'd file for yourself against the at-fault party, and you'd ideally get the compensation you deserve for your injuries. A wrongful death claim, however, means that the person injured is no longer living and able to file for themselves. As such, certain laws limit who's eligible to file for a claim. In South Carolina, your loved one's claim must be handled by the executor or administrator of the estate. Usually, if the person has an estate plan, you'll know before their passing what their wishes are and who will be their executor. Fortunately, this individual is not the only one who can recover damages. While the executor will be the person filing the claim, other family members will have the opportunity to file. If you're one of the following people, you'll likely be able to recover damages, even if you weren't named executor: The surviving spouse Children of the deceased The surviving parents Heir at law   Seeking Wrongful Death Damages Once you've determined who's responsible for filing the fatal accident claim, you and your family will need to discuss what compensation you should receive for your losses. Dealing with a family member's passing is always difficult, and in addition, it can be expensive. For these reasons, you'll need to ensure you and your loved ones receive the full compensation they deserve. That means you should receive both economic and non-economic damages, which should cover most or all the losses you may have suffered. Economic damages should cover all your financial losses in a wrongful death claim. For example, if your loved one’s car was totaled, you might be responsible for the repairs, and this could be covered in your claim. Non-economic damages, in contrast, cover your family's mental and emotional losses. Losing a spouse, for example, leaves you without the affection and love you should have received from your loved one. If you or your loved one has suffered any of the following damages, make sure you and your family are awarded compensation for these losses: Funeral and burial costs Medical expenses related to the accident Lost wages Loss of companionship and care Pain and suffering Getting Punitive Damages in South Carolina Some accidents are especially horrific. Your loved one might have been deliberately harmed, or the accident might have been so severe that it could be called grossly negligent. Unfortunately, these fatal accidents can be especially painful, but they may give you another opportunity for compensation for your family. Punitive damages aren't like your compensatory damages discussed above. While compensatory damages are meant to compensate you (as you might expect), punitive damages are only there to punish the wrongdoer. The judge will award these damages if they believe that the person harmed your loved one intentionally or if they believe they were grossly negligent. These punitive damages are hard to fight for, however, so you'll need help if you think they apply to your claim. A wrongful death lawyer in Greenville can help you ask for punitive damages and collect evidence to fight for them. Contact a Greenville Wrongful Death Attorney When someone passes away, their death leaves the rest of the family grieving for their loved one. Unfortunately, when your loved one passed away because of someone else's negligence, you're not just grieving for them. You likely also feel that your family hasn't gotten justice for your loss. Fortunately, our fatal accident lawyers at HawkLaw, PA can help. We understand how painful it is to lose someone to another person's negligence, so reach out for help before you file your claim. When you're ready, set up a free consult* with a Greenville wrongful death lawyer by calling 1-888-HAWK-LAW (429-5529) or by completing the online form below. ### Greenville Spinal Injury Lawyer SC | Back Accident Attorney If your life has been turned upside down by an accident in Greenville, SC, consider enlisting the help of a Greenville spinal injury lawyer. You can rely on the attorneys at HawkLaw, P.A. to provide you with staunch legal representation and handle your case with compassion. What Is a Spinal Injury? As the name suggests, spinal injuries are caused by trauma to the spine and spinal cord, a part of the body responsible for transmitting signals to and from the brain to control various bodily functions. Spinal cord injuries interfere with these signals, specifically below the point of injury, and are typically divided into two classes: complete and incomplete. A complete spinal cord injury results in a total loss of motor and sensory function below the site of the injury, whereas an incomplete spinal cord injury results in partial loss of function, where one might retain some sensation and movement. Both complete and non-complete injuries can be life-altering. If you suspect that someone has a spinal injury after an accident, call 911 immediately and do not move the person, as movement can worsen the injury. Common symptoms of spinal injuries are pain, numbness, weakness, loss of sensation in the limbs, difficulty walking, or issues with bladder control. Recognizing these signs is essential for prompt treatment and recovery. Types of Spinal Injury In addition to being classified as complete or incomplete, spinal injuries have different injury levels. These include cervical, thoracic, lumbar, and sacral injuries, which refer to different areas of the body: Cervical Injuries: These impact the neck region and can lead to quadriplegia, which is paralysis of the body below the neck and affects all four limbs and the trunk of the body. Thoracic Injuries: These injuries involve the upper back and will often result in paraplegia, which means the lower body is impacted, but the arms maintain functionality. Lumbar Injuries: Lumbar injuries impact the lower back and often lead to some degree of leg function loss. They also affect bladder and bowel control. Sacral Injuries: These injuries affect the pelvic region, hip function, and lower limbs but may still allow some leg movement. What Are the Common Causes of Spinal Injuries in Greenville, South Carolina? Car crashes and falls are some of the most common causes of spinal injuries in Greenville. Certain roads and intersections in Greenville are known to be particularly dangerous, and 41% of all injury and fatal crashes in the city occur on less than 5% of all miles of roadway. Even when on foot and in seemingly safe areas, wet floors, broken floorboards, poor lighting, carpets, and debris can cause slip and falls that lead to serious injuries. Can I Seek Compensation for My Spinal Injury? South Carolina follows a modified comparative negligence rule, which means you can seek compensation from the responsible party if you are not responsible for more than 50% of the incident. If you meet that criteria, you may be compensated for pain and suffering, lost wages, medical expenses, rehabilitation, and other costs resulting from your injuries. It is worth noting that if you are found to be partially at fault, the amount you can seek in damages will be reduced by the percentage of fault. For example, if you are found to be 25% responsible, your damages would be reduced by 25%. How Much Is a Spinal Injury Lawsuit Worth? Many factors go into determining the value of a spinal cord injury verdict. These include the impact on daily life, lost wages, pain and suffering, future care needs, and lost wages. Medical Costs: These include hospital bills, ongoing rehabilitation, and specialized equipment like wheelchairs. Impact on Daily Life: A spinal injury can severely reduce one's ability to live a normal life and enjoy activities they once did. Lost Wages: Spinal injuries can result in significant, unpaid time away from work. Lost Earning Capacity: In some cases, spinal injuries limit the types of work a person can perform, or prevent them from working at all. Pain and Suffering: Although pain and suffering is difficult to measure, it is often a crucial consideration in an injury case. Punitive Damages: Though rare, in cases of extreme negligence or intentional harm, additional damages may be awarded. Should I Accept a Settlement By an Insurance Company? You should always consult an attorney before accepting a settlement from an insurance company. Insurance companies often aim to minimize payouts and settle quickly. A quick settlement might seem appealing but it is likely to be insufficient to cover your losses. A Greenville spinal injury lawyer from HawkLaw P.A. can negotiats with the insurance company on your behalf and understands how to protect your rights while working to recover the maximum compensation you are entitled to receive. How Can a Greenville Spinal Injury Lawyer Help Prove Negligence? The first step a lawyer must take to prove negligence in a spinal injury case is to prove that the at-fault party had a duty to act responsibly. For example, a driver has an implicit duty to follow the rules of the road. If they fail to do so and crash into another vehicle, causing another driver to sustain a spinal injury, they may be at fault. A lawyer must then prove that the driver breached that duty, for instance by speeding or drinking while driving, that the breach resulted in the injury, and that damages were suffered as a result. Proving negligence is often a complex task that involves gathering extensive evidence, like witness statements, accident reports, and expert testimony. A spinal injury lawyer knows what evidence to look for and how to present it in a way that gives you the greatest chance of recovering compensation. How Long Do I Have to File a Spinal Injury Lawsuit in Greenville, SC? In South Carolina, the statute of limitations is three years from the date you realize you have an injury. This is one reason to seek a spinal injury lawyer quickly. Time is of the essence when it comes to gathering evidence and talking to witnesses. It is crucial that evidence is preserved and that your claim is filed within the allotted timeframe to maximize your chances of success. If the injury is not discovered immediately, the statute of limitations starts when the injury is first diagnosed. For example, if your back pain started years after an accident and was only recently diagnosed, that diagnosis would start the statute of limitations. Do You Have a Spinal Injury Lawyer Near Me? Our Greenville office is located at 3 Caledon Ct # A5. We're right off Pelham Road. There's a middle turning lane in front of the entrance so it doesn't matter which way you're traveling; you can turn right in. The Social Security Administration building is just to our north, and the self-storage is to the south. There's plenty of onsite parking and multiple bus stops nearby so you have travel options. Do You Have a Spinal Injury Due to Someone Else's Negligence? Contact HawkLaw For Help In Greenville County and throughout South Carolina, HawkLaw has made a name for itself as a committed, aggressive, and hard-hitting legal firm with highly experienced spinal injury lawyers. Over the years, we've won six- and seven-figure settlements and jury verdicts for our clients.* We understand the immense impact a serious injury such as damage to the spine can have on individuals and families. We never back down from a fight because we believe our clients shouldn't have to pay for other people's acts of negligence. Our testimonials are testaments to our dedication and success. Past clients praise HawkLaw for obtaining excellent settlements, helping them feel less alone, being kind and supportive, and resolving claims in a timely manner.* We have what it takes to help you after a spinal cord injury. Come to our Greenville, South Carolina office for a complimentary consultation* on how we may be able to brighten your future. You deserve to talk to lawyers who care about you. Contact us today. ### Spinal Injury Lawyer Charleston According to the National Spinal Cord Injury Statistical Center, there are approximately 17,000 new cases of spinal cord injuries each year. In the United States, there are 245,000 individuals currently suffering the consequences of these injuries. The vast majority of spinal cord injuries are traumatic, and the leading cause is motor vehicle accidents. However, there are a number of ways that these injuries may occur, from occupational accidents to instances of negligent supervision. No matter how a spinal cord injury happens, the effects can be catastrophic. Victims of spinal cord injury often have a diminished quality of life and may require around-the-clock assistive care. It’s not uncommon for these individuals to require help completing activities of daily living, including meal preparation, dressing, and bathing. Continued long term care and rehabilitation is also expensive. Families of spinal cord injury victims often struggle to compensate for lost wages while also providing for the victim’s medical needs. If you know someone who suffered with a spinal cord injury, you may be struggling with medical bills, rehabilitation costs, nursing care, and more. How a Personal Injury Settlement Can Help At HawkLaw, we operate on a simple philosophy: that no one should have to struggle because of someone else’s negligence. While we know nothing can fully restore quality of life following a spinal cord injury, a personal injury claim can help compensate for economic and intangible losses following an accident. There are two main types of damages we pursue on behalf of our clients in Charleston, which include: Specific damages. Also called economic damages, these provide compensation for the measurable losses of an accident. Examples might include medical bills, ongoing rehabilitation costs, and any loss in earning capacity (in the event that the victim is unable to return to gainful employment). General damages. General damages reimburse for the immaterial costs of a spinal cord injury. These include pain, suffering, and emotional distress. In certain cases, we may also be able to pursue punitive damages against a negligent party. Legislatures designed these damages to punish the defendant for reckless misconduct or gross negligence. A personal injury settlement will do more than just hold the negligent party accountable; it also provides the victim’s family with a sense of financial security. These claims allow your family to provide needed care to your loved one while compensating for any lost income or earning capacity. Your Spinal Injury Lawyer in Charleston At HawkLaw, we’re committed to helping victims of spinal cord injury and their families. If you or a loved one experienced a spinal cord injury in a car crash, trucking wreck, or other traumatic event, contact us to schedule a free initial consultation. We have been helping Charleston area families gain recompense for their injuries for years – now let us go to work for you. Let us hold the negligent parties responsible and secure the compensation you deserve. Contact us at our convenient office located in Mount Pleasant today for your complimentary consultation today! (843) 737-9356.     ### Social Security Disability Lawyer Greenville The Social Security Disability Insurance Program is available to disabled individuals who have worked for a certain number of years. However, collecting these benefits can be confusing. Having a Greenville Social Security Disability lawyer to protect your rights may encourage the Social Security Administration to take your claim more seriously. First, it’s helpful to know who qualifies for Social Security Disability Insurance and how to collect your benefits. To speak with a Greenville attorney, call 888.HAWK.LAW or use our contact page today. Social Security Disability Insurance (SSDI) in South Greenville To be eligible for SSDO, you must have a qualifying disability and have enough “work credits” with the Social Security Administration. The number of credits will depend on your age and the year in which you incurred your disability. Generally, you must have worked a portion of five of the last ten years before the event leading to your disability. Collecting SSDI requires a complex application process. Once approved, your benefits will include monthly cash payments, depending on your previous personal earnings. The average benefit ranges from $1,000 to $1,200 a month, according to the Social Security Administration. Your benefit amount is commensurate with your amount of paid FICA tax – for this reason, higher earners will receive a higher benefit amount. After collecting SSDI payments for 24 months, you will become eligible for Medicare benefits, no matter your age. If you meet certain income requirements, you may be able to enroll in Medicaid benefits – income requirements range from 135% to 300% of the federal poverty level, depending on the program. How do I get my Social Security Disability Benefits? The most crucial part of successfully claiming benefits under SSDI is proving you have a qualifying disability – in other words, showing that you have a mental or physical condition that prevents you from participating in gainful employment and that this condition will either (1) last one year or (2) lead to death. This is a subjective assessment that often leaves a lot of room for interpretation. For example, you doctor may have told you not to work, or you might feel too unwell to report to your job each day. This does not necessarily mean, however, that the SSA will agree with your assessment. The SSA will evaluate the extent of your disability by relying on their own medical experts and claims examiners. These professionals use a checklist to evaluate your functional capacity and make a determination on whether you’re disabled. Appealing a Claim Denial At HawkLaw, we know it can be frustrating to live every day in pain or discomfort, only to face a claim denial from the Social Security Administration. If you paid your FICA taxes and now have a disability that affects your ability to function, you should be entitled to your benefits. Fortunately, it’s possible to win a claim denial with an appeal. Appealing an SSDI claim denial requires a legal advocate who is committed to protecting your best interests. For more information regarding our Social Security Disability benefit and claim appeal services, please contact our Social Security Disability lawyers in Greenville today! (864) 312-9999 ### Truck Accident Lawyer Spartanburg While tractor-trailers are a common way to transport our goods across the country, it can be scary to ride next to one. They’re often massive, and the wind around one alone can shake your car. When one runs off the road or into other motorists, the damage can be extreme. As such, you’ll need help when a semi-truck crashes into you, leaving you badly injured. You’ll need compensation for your suffering, but that can be tough to track down when you’re injured. You’ll need a Spartanburg truck accident lawyer who understands how serious your situation is. At HawkLaw, PA, we know how dangerous a semi-truck can be, and we’ll help you fight back when one injures you. Make sure you’re getting the compensation you deserve by fighting back, with our help, when you’re struggling. Common Causes of Truck Accidents in Spartanburg Determining what caused your 18-wheeler accident will be vital to proving that someone else was at fault. When you know what caused the crash, you’ll have an idea of who’s at fault and how to prove it. Because that can be complex, get a lawyer’s help. They can help you find the reason for your accident, which may include any of the following: Driving Under the Influence – Sadly, drugs and alcohol are a major cause of truck crashes. Semi-trucks require quick reflexes and strong judgement to main control of the vehicle, so when those senses are compromised, you and other drivers are in danger. If the other driver is charged with a DUI, speak with your lawyer about when to file your own claim. Distracted Driving – When a truck driver is behind the wheel, we like to think they’re paying attention to only the road. Unfortunately, they may be texting, talking, or adjusting the radio, for example. At high speeds, even a small distraction can turn deadly. Lack of Training – Navigating a semi-truck requires plenty of training and tests to ensure drivers will be safe on the road. Unfortunately, many drivers might not get the full training they need, or they may simply be inexperienced. When they need to make split-second decisions to avoid jackknifing or losing control, that inexperience is dangerous. Defective Parts – In some cases, the driver may not be responsible for the accident. When a manufacturer is careless and lets a defective part slip through, you could be injured by their negligence. You’ll need to file a claim against the manufacturer for your suffering. Drowsy Driving – Many truck drivers pull long shifts to make deadlines, often for incentives. That means they might be sleepy on the road. Drowsy drivers have less control and weaker reflexes when something goes wrong. Liability Is Complicated in Big Rig Accidents You may know what caused the accident, but who’s responsible for your suffering? You may already know that South Carolina is a fault state, which means that in Spartanburg, financial responsibility is on the person who’s responsible for the accident. However, that’s not always another driver. Looking at the causes can help you find the person responsible. For example, while a defective part might have caused the semi-truck to crash, the driver isn’t responsible for an accident like this, since they couldn’t avoid it. Instead, the manufacturer who caused the defect should be held responsible. Even if the driver is responsible, they might not be the financially responsible party. Instead, you may need to turn to their employer for your compensation. Employers are responsible for all accidents that happen under their supervision, which may include yours. If you’re not certain who the liable party is, however, we can help. We understand which laws -- federal or South Carolina's -- take precedence and how they can affect the outcome of your case. Compensation after a Semi Crash in Spartanburg After your accident with a tractor-trailer, you’ll also need to know what compensation to fight for. You’re likely overwhelmed by your losses, however, which makes it tough to recover. Fortunately, your accident attorney can help you find your claim’s worth. Keep in mind that you’ll need both economic and non-economic damages to recover the full compensation you deserve. That means you’ll need to seek out compensation for your financial losses, like the care you’ll need for your injuries, and  you’ll also need your non-economic damages covered. These include the emotional and mental losses you’ve suffered. Unfortunately, these damages can be difficult to calculate on your own. While you might know your hospital bills or your car’s worth, knowing the costs of your mental suffering can be difficult to estimate. You’ll need the tools your Spartanburg lawyer can offer to calculate your expenses. When you’re injured in a crash, you may seek any of the following damages or others, depending on the aftermath of your accident: Current and future medical costs Lost income Property damage Emotional trauma Pain and suffering Loss of enjoyment of life No two semi-truck crashes will be the same, which makes getting the answers you need more challenging. You have specific questions about your situation, and it can be difficult to file without the answers you need. HawkLaw, P.A. strives to get the answers you need for your truck accident claim, so you can make the best decisions for you. Seek Out a Spartanburg Truck Accident Lawyer When you’ve been hit by a tractor-trailer, it can be difficult or even impossible to fully recover from your suffering. You’ve been injured, you’re traumatized by your experience, and you’re overwhelmed by the legal process around your claim. As such, you’ll need help with your recovery. Fortunately, that’s where a lawyer from HawkLaw, PA can step in. We understand how complex and painful these cases can be, and we’re on your side. Take advantage of your free consultation*, and we’ll discuss your claim timeline and what we can do. We want you to know we’re the right fit for you before we begin. When you’re ready to start, reach out to a Spartanburg truck accident lawyer. We can be reached by calling 1-888-HAWK-LAW (429-5529) or by completing the online contact form. ### Workers' Compensation Lawyer Greenville When someone slips up or a machine malfunctions, the results can be painful. You were working one moment, and the next, you're being carted off to the hospital. It's unfortunate, and it can be pricey, too. Unfortunately, if you don't have work compensation, or if you're denied coverage and don't fight back, you can be paying for it for a long time. That's why you'll need to act fast to get that workers comp. You and your family are struggling, and you need help recovering. If you're not sure where to begin or how to take action, you need a Greenville workers comp lawyer from HawkLaw, PA on your side. Appealing your denial may be complicated, but we can help you get the compensation you need for a full recovery. Common Work Accidents Unfortunately, no workspace is completely safe. We might think job positions like an electrician or job sites like construction zones are dangerous, perhaps, but even an office job comes with hazards, like slippery floors or broken stairs. As such, there's always a possibility that you could suffer an accident, no matter what your workplace. If you've suffered any of the following workplace injuries, you should seek workers compensation: Slip-and-fall accidents Falls from a height Injuries caused by heavy machinery Overexertion accidents Electrocutions Am I Eligible for Workers Comp? You know you’ve been badly injured, but do you know whether you’re eligible for workman’s compensation benefits? Unfortunately, it can be tough to tell if your employer isn’t clear about whether they offer it. While all South Carolina employers who do carry this insurance must display information about those benefits, that’s not always helpful if you don’t work in a traditional workplace. Fortunately, most South Carolina workers should be eligible for workers compensation. State law requires almost all employers with more than four employees to carry this insurance. If they don’t carry it, they could face fines for every day they don’t have work comp coverage. Unfortunately, there are a few workers who won’t have this coverage. For example, many agricultural workers may not be covered, and if you’re considered a casual employee, you may have to seek compensation outside of work comp benefits. If you’re not sure whether you’re covered or not, you’ll need to check as soon as possible. You’ll only have ninety days to file, and if you don’t act quickly enough, you could lose your chance to recover. So, if you’re concerned that you’re not eligible, act now before your time runs out. Work Comp Benefits Offered in South Carolina Once you’ve determined whether you’re eligible to file, you’ll also need to determine what your claim is worth. While the insurance provider will calculate your claim’s worth, knowing what to expect ahead of time means that you’ll know if you’re not being offered the full settlement you’re owed. First, make sure that your medical benefits are completely covered. Any expenses related to the accident, including the future costs of surgeries or rehabilitation, should be part of your medical care benefits. So, if you suffered head trauma and you’re unable to function as you once did, your medical care benefits should cover your initial care and your future therapy. If you lost a loved one in a work accident, you should also receive some benefits. Typically, these death benefits will provide two-thirds of your loved one’s wages to you. If you are a spouse, these benefits usually last until you remarry. Types of Disability Benefits If you’re unable to work or unable to work in the capacity you did before your injury, you should also receive disability benefits. These benefits cover the lost wages you would have received if you had been able to continue working. These benefits may be long-term or short-term, and they’ll be either partial or total. Your injuries can vary in severity, and your benefits should vary to match that. The length of time you’re unable to work will make a difference in your coverage. For example, a broken bone may take months to heal, but this is still a short amount of time in comparison to some injuries, like spine injuries, which can cause permanent damage that may take years to recover from. Whether you’re able to return to work at all will also matter. A serious injury may leave you unable to return to work at any point, and you should receive two-thirds of your original wages while you’re healing. A partial disability may make your original job impossible, but you’ll be able to return to some duties. In this case, you’ll receive a diminished paycheck and benefits to cover some of the differences in your income. Getting Your Workers' Compensation When you’ve been injured, you know you need your compensation, but how do you fight for it? Before you get started on your workers comp claim, you’ll need to understand what happens once you first report your injury and begin the work comp claim process. That way, you know when to expect your benefits and what to do if something goes wrong. First, you’ll contact your employer and file a claim, stating that you’re seeking workers compensation for your injuries. Once you report your injury, your employer must report the accident to their insurance company within a few days. If they don’t, they could end up paying high fines for this. Once they’ve reported your injuries, though, they’ll inspect your claim soon after. Typically, this process includes checking that the accident happened at work, that you were injured, and that you should receive compensation for the accident. That means they’ll check your workplace and speak to your doctor. Once they do, they’ll calculate your claim’s worth and send you an approval letter, or they’ll give you a reason for denial and send a denial letter. If you received an approval, you should be done, and you should receive your benefits soon. If you were denied, however, don’t panic. You’ll have a chance to fight back by appealing your claim. Initial denials are common, and your work comp lawyer can usually use your reason for denial to fight back for your work comp benefits in Greenville. Talk to a Greenville Workers Comp Attorney When you're injured on the job, you need help getting back on your feet. Unfortunately, you might feel that your employer is keeping you from that. Your benefits should help you recover as fully as possible, but you may have been denied, and if so, you and your family are suffering for it. That’s a serious problem, but there’s a chance to recover. When you’ve suffered through a work accident, you need a lawyer on your side. At HawkLaw, PA, we’ve seen plenty of injured workers dealing with a denial while struggling with their injuries, and we understand how important it is to you and your family to get this straightened out. We’ll fight for your chance to receive the full benefits you need to recover. If you’re unsure where to start or have questions about workers comp in South Carolina, our lawyers offer free consultations as well. You need to know where you stand and whether you have a viable workers comp case before you put in the time and energy. That’s why we want you to know what we can offer before we ever get started. Ready to begin fighting for the benefits you need? Get your recovery started with the help of a Greenville workers comp lawyer at our firm. Take advantage of our free consultations today by calling 1-888-HAWK-LAW (429-5529) or by completing the online form below. ### Wrongful Death Lawyer Spartanburg You also may have medical bills, funeral expenses, lost wages, and other expenses. While any unexpected death feels wrong, sometimes they fall under personal injury law as a wrongful death. If your loved one's death qualifies as a wrongful death case, then you may have the right to compensation under South Carolina's personal injury laws. Contact HawkLaw today for a consultation of your South Carolina wrongful death case.* What Does South Carolina State Law Define as a Wrongful Death? Under South Carolina state law, wrongful death is a fatality that occurs from someone else's negligence. In other words, if your loved one died due to the negligent act of another, you may have grounds for a wrongful death lawsuit. Another way to look at this is to compare it to a personal injury case. If the same circumstances occurred and your loved one did not die, would they be eligible to file a personal injury lawsuit? If the answer is yes, then the case likely qualifies as a wrongful death case. Remember, wrongful death lawsuits are a type of personal injury case, but the difference is that the victim has died. Thus, the victim's family files the case, not the victim. For this reason, if you feel you have a wrongful death claim, you will partner with a personal injury lawyer to handle the case. Is a Wrongful Death Claim the Same as a Criminal Homicide Case? No, though both homicide and wrongful death cases cover someone who has died, they are not the same. Knowing which type of case you have, and if there is any overlap, is vital in getting the proper representation in the days ahead. Homicide cases and wrongful death cases differ in a couple of distinct ways. Burden of Proof In a homicide, the burden of proof is determining that the defendant is guilty, beyond a reasonable doubt, of the act of intentional murder. This type of proof is not necessary for a wrongful death lawsuit. With a wrongful death case, all you have to prove is that negligence led to the death. Damages Another way that these two types of cases differ is in the types of damages you can claim. In a wrongful death, you will seek a number of types of damages, but they usually relate to losses sustained. These damages might include: Lost wages Loss of companionship Medical bills and medical expenses Funeral costs Emotional distress In a criminal homicide case, you may also be pressing for jail time and punitive damages. Overlap Between Cases Sometimes, a case involving someone's death can be both a wrongful death claim and a homicide case. In these cases, your wrongful death attorney will handle just the wrongful death part of the case. The other party will have a criminal defense team focusing on their defense, and your personal injury team will not interact with them. The criminal case is handled separately from the civil proceedings of the wrongful death lawsuit. Because there is potential overlap between homicide and wrongful death cases, consulting with both a criminal lawyer and a personal injury lawyer after an unexpected death is helpful. Having two consultations, especially if you suspect foul play, will ensure you get all of the compensation you deserve. What Are Some Common Causes of Wrongful Death? Any time someone is guilty of negligence, and that negligence leads to the death of someone else, that person's family may have the right to file a wrongful death claim. However, certain circumstances are more commonly associated with these claims than others. According to the South Carolina Department of Public Health, between 2019 and 2023, the leading causes of death included: Motor Vehicle Accidents - 5,441 fatalities Slip and Falls - 3,554 fatalities Acts of Violence - 7,133 fatalities Unintentional Injuries - 1,142 fatalities Regardless of the cause, whether the accident occurred on the road, at work, or somewhere else, if you have lost a loved one and suspect that negligence led to the death, you can count on HawkLaw to help you get to the bottom of the case. Is There a Statute of Limitations on Wrongful Deaths? Yes, in the state of South Carolina, you have just three years from the date of your loved one's death to file a wrongful death claim in most cases. There are often delays from insurance companies and local officials that can make filing your claim challenging. If you miss the statute of limitations window, you could end up without the ability to file your lawsuit. Seeking legal services as quickly as possible after the death of a family member is vital. Our firm is happy to offer an initial consultation* to see if your case qualifies as a wrongful death. We recommend reaching out as quickly as possible to our personal injury attorneys, so you can get your claim filed within this time frame if you qualify. With a consultation from our law firm, you can get the advice you need to move forward with your legal claim quickly, so you can get the compensation you deserve. While no amount of compensation can replace your lost loved one, the aftermath of a wrongful death has a lot of costs and expenses. Our wrongful death lawyers believe that the right legal advice can protect you in these challenging days and ensure you can get the financial help you need to start rebuilding your life after a devastating loss. HawkLaw represents clients throughout the State of South Carolina on personal injury cases. This representation extends to those who have lost a loved one in a wrongful death case. If you are dealing with the devastation of a loss, our compassionate lawyers are here to provide support and guidance in the days ahead. Contact a Spartanburg Wrongful Death Lawyer HawkLaw is ready to serve you and help with your South Carolina wrongful death case. We proudly serve Spartanburg County, including Greenville, Spartanburg, and Anderson, and can help you know the next steps to take to protect your rights in the days ahead. If you are seeking to file a wrongful death or another type of injury claim, you should contact HawkLaw for an initial consultation. We have a team of Spartanburg personal injury lawyers who are well-versed in the legal issues surrounding wrongful death cases. Use our contact form to get in touch with our legal team and to request a case evaluation. Disclaimer: This guide is for informational purposes only. It does not represent any type of attorney-client relationship and is not a substitute for legal advice for your personal injury claim. We know nothing can replace a loved one, but a wrongful death settlement can help your family find the financial means to move forward. The experienced Spartanburg wrongful death lawyers at HawkLaw are standing by ready to help you through this difficult time. Should you have more questions or want to schedule a free initial consultation to discuss your case, please contact us in Spartanburg today! (864) 574-8801 Our address is: 5506 Reidville Rd., Moore, SC 29369. We are conveniently located on Reidville Rd. between the intersections of Hollifield Ln. and Plateau St. Click here for directions. ### Car Accident Lawyer Greenville At HawkLaw, our car wreck attorneys understand the physical, financial, and emotional toll car accidents can take, and are here to guide you through the process of recovering compensation for your losses caused due to someone else’s negligence. A Greenville car accident lawyer from our firm may be able to help you. Car Accident Lawyer Near Me Our office is conveniently located in the heart of Greenville, making it easily accessible for anyone in the area. Our address is 3 Caledon Ct # A, Greenville, SC - 29615. If you are headed southeast on Pelham Rd, turn left onto Caledon Ct, and HawkLaw will be on your right-hand side. Our office is well-connected with public transportation options. Several bus lines service the area, making it easy to reach us from various parts of the city. We are close to several notable landmarks, including the Greenville Zoo, Falls Park on the Reedy, and the Greenville County Museum of Art. South Carolina Car Accident Laws In South Carolina, the negligence aspect is critical in determining liability in car accident cases. The state follows a modified comparative negligence rule, meaning your compensation will be reduced if you’re found partly at fault for the accident. For example, if you are found 20 percent at fault for your Greenville accident, you’ll only receive 80 percent of your compensation. However, if you’re found more than 50 percent at fault for the accident, you’ll be unable to receive any compensation. Road Safety Rules in Greenville, South Carolina Title 56 of the South Carolina Code of Laws applies to vehicles operating on state roads and includes a number of provisions, such as: S.C. Code Ann. § 56-5-3230 (failing to use due care): Drivers must exercise due care to avoid colliding with another driver or pedestrian. They should be especially careful around children and people who seem confused, disabled, or drunk. S.C. Code Ann. § 56-5-1930 (following too closely): Drivers must maintain a safe distance from the vehicle in front of them. This safe distance depends on how fast they're going, how much traffic there is, and the road/weather conditions. S.C. Code Ann. § 56-5-2920 (driving in reckless disregard for the safety of others): Driving with a blatant disregard for others' safety includes both intentional and reckless actions. S.C. Code Ann. § 56-5-1810 (crossing the center line into oncoming traffic): Generally, one should drive on the right side of the road. However, there are exceptions, such as: moving left to pass a slower vehicle or avoid an obstacle, or driving in designated lanes on divided highways with multiple lanes. S.C. Code Ann. § 56-5-1900 (failure to maintain lane): Stay in your lane as much as possible and only change lanes when it's safe to do so. S.C. Code Ann. § 56-5-950 (failure to obey traffic signal): Traffic signs and signals are presumed to be legally placed, which means drivers must obey them (barring limited exceptions such as for emergency vehicles). S.C. Code Ann. § 56-5-2320 (failure to yield when turning left): When turning left at an intersection, into an alley, or onto a private road/driveway, you must yield to a vehicle coming from the opposite direction that's already in or very close to the intersection S.C. Code Ann. § 56-5-3130 (failure to yield to a pedestrian in a crosswalk): Drivers must yield the right-of-way to pedestrians in crosswalks, by slowing down or stopping to let them cross safely. S.C. Code Ann. § 56-5-2930 (driving under the influence of alcohol or other drugs): It is unlawful for anyone to drive under the influence (DUI) of alcohol or drugs (including prescription drugs) that impairs one's ability to drive safely. S.C. Code Ann. § 56-5-1220 and 1230 (hit and run): After an accident, a driver must stop their vehicle as close to the accident scene as possible, and help the injured person by calling an ambulance or transporting them to a nearby hospital. What Does a Car Accident Lawyer Do? A car accident lawyer can help injury victims navigate the complexities of car wreck claims and achieve the fullest possible compensation. In essence, a car wreck lawyer can help with the following: Gather evidence, interview witnesses, and review police reports Evaluate the full extent of your injuries and property damage to determine the appropriate compensation Handle communications and negotiations with insurance adjusters to seek a fair settlement Prepare and file all necessary paperwork, including claims and court documents Represent your interests in court proceedings (if an out-of-court settlement cannot be reached) Offer guidance on your legal rights and options throughout the process Consider long-term impacts, such as ongoing medical treatment and lost wages, to seek comprehensive compensation Manage all communications with the opposing party and their legal representatives to protect your interests Who’s at Fault In An Accident? After your accident, one of your first steps will be finding fault and contacting your insurance provider about the crash. South Carolina is a fault state, which means that the person at fault for the accident is also financially responsible. This is why you’ll have to prove who caused the accident before you receive your settlement or compensation. When you report your accident to the insurance company, you’ll need to have the other driver’s insurance information. You may file a claim with your insurance company, who will then seek compensation from the other driver’s insurer. They’ll make a settlement offer based on the damages you’ve suffered. In some cases, an insurer may not offer enough compensation, or they may refuse to settle with you at all. If you believe you need to take your claim to court, you should be prepared to file a claim against the driver for compensation. A Greenville car wreck attorney can help discuss your options and come up with a strategy that meets your goals. Greenville Car Accident | Car Crash Recovery Once you decide to file a car accident lawsuit, you might wonder what compensation you should seek. Determining the value of your claim can be overwhelming, especially when you're already dealing with the aftermath of an accident. With proper legal support, you can calculate your total compensation and fight to secure it from the negligent party. As such, you’ll need support in identifying your current and future losses. Don’t forget that not all your suffering is financial. The emotional and mental toll you have suffered might not have a price tag on it, but it’s important to be compensated for these damages as well. A Greenville auto accident lawyer can help you recover economic and non-economic damages after a car wreck. Economic damages: Your economic damages are quantifiable monetary losses that include: Medical expenses Property damage Loss of income Loss of earning capacity Out-of-pocket expenses Non-economic damages: These are the intangible losses you suffer after a car accident, and are more challenging to quantify: Pain and suffering Mental anguish Loss of quality of life Loss of consortium/companionship Disability/permanent impairment Loss of enjoyment of life Why You Need a Car Accident Lawyer Hiring a Greenville auto accident lawyer in the wake of a car crash comes with a host of benefits you may not want to miss. While some people may be hesitant to get a personal injury lawyer involved, it is often an effective way to get the fair compensation you or a loved one deserve to cover medical expenses, emotional distress, potential disfigurement, and more. Lawyers help with a variety of steps when filing a car accident claim, including: Determining fault Building a strong case Fighting for a fair settlement Building Your Case Plenty of research goes into a car accident case, and a lawyer will gather all the necessary evidence. They can talk to witnesses, gather evidence from the scene, get the police report, obtain records of your medical treatment, and more. Plus, they can make all the filings for you. Fighting for a Fair Settlement When fighting for a settlement, it is not the at-fault driver whom you need to worry about. You will be up against the driver’s insurance coverage and an insurance company whose business model depends on denying you as much compensation as possible. A car accident lawyer will be able to stand up to insurance adjusters and protect your insurance claim against the insurer’s tactics. How Does a Car Accident Lawsuit Work? Filing a car accident lawsuit can be complex and daunting, but understanding the steps involved can help you navigate it more confidently. The journey typically begins with gathering evidence and documenting your injuries and damages. Next, you must file a claim with the at-fault party’s insurance company. If a fair settlement cannot be reached, the next step is to file a formal lawsuit. This involves various stages, including discovery, negotiations, and potentially a trial. Determining fault is key in any personal injury case, and motor vehicle accidents are no exception. To determine fault in South Carolina, your car accident lawyer will demonstrate that the other party acted negligently and that their negligence directly led to the accident that caused your injuries. A lawyer can help you put together an argument to make your case. This can also improve your chances of not being partially blamed for the accident. South Carolina uses a comparative negligence standard, so your maximum compensation is based on the percentage of fault you have for the accident. Common Causes of Car Accidents in Greenville, South Carolina Car accidents are often caused by several factors working together at once, but it is important to know the greatest threats when behind the wheel. Distracted Driving: Distracted driving happens when a driver is not fully focused on the road. Their attention may instead be directed toward their phone or inputting an address in the car’s GPS system. Even talking to other passengers can be a form of distracted driving. Driving Under the Influence: DUI impairs a motorist’s ability to safely operate a vehicle. Without the ability to drive safely, accidents are more a matter of "when" than "if". Speeding: Going past the speed limit will not only put people in more danger of accidents, but those accidents tend to have serious injuries compared to the typical fender bender. Drowsy Driving: Driving tired is easily on par with the dangers of drunk driving. The National Safety Councilsuggests that drivers who are tired and fatigued are three times more likely to be involved in an auto accident than drivers who are properly awake and focused. Aggressive Driving: This encompasses a variety of poor behaviors, including driving erratically, speeding, and failing to obey the rules of the road. Common Car Accident Injuries in Greenville, South Carolina If you’ve suffered any of the following injuries or other traumatic wounds, you deserve compensation to help you recover: Traumatic brain injuries: Head trauma can lead to long-term cognitive and physical impairments Whiplash: Neck injuries caused by sudden, forceful back-and-forth movement can result in pain and stiffness Broken bones: Fractures ranging from minor cracks to severe breaks may require extensive medical treatment Spinal injuries: Damage to the spinal cord can result in partial or complete paralysis, significantly impacting mobility and quality of life Internal bleeding: Life-threatening injuries where blood vessels are damaged may require immediate medical attention Burns: Injuries caused by heat, chemicals, or electricity, can result in severe pain, scarring, and long-term complications Auto accidents can be physically devastating. Because vehicles have so much momentum, even at what we think of as low speeds, the damages can be catastrophic. A seatbelt or airbag may save your life, but it may not stop all the trauma your body may experience during a crash. This is why one of your first considerations after a car accident should be your injuries. Your car might be totaled, but that can be replaced. Your health and safety, however, aren’t as easily fixed, so you’ll need medical care as soon as possible. Why Should I Hire a Greenville Car Accident Lawyer at HawkLaw? At HawkLaw, we have proudly served South Carolina for over 20 years. Our experience spans multiple personal injury case types, with a particular focus on motor vehicle accidents. Our attorney-client relationship strategy prioritizes you, the client, by offering personalized legal advice, clear communication, and an unwavering commitment to excellence in every case. As a digital-first law firm, we make it easy for you to initiate your case online to save you time and provide access to our legal services. Our personal injury attorneys work on a contingency fee basis, meaning you don't have to pay anything unless we win*. This lets you focus on your recovery while we handle the legal complexities. Learn How a Greenville Car Accident Lawyer Can Help | Contact HawkLaw Today When someone else causes a car accident, chances are high that they will try to avoid paying for your suffering. They might be the ones responsible, but they’ll do what they can to put the blame on you and avoid paying. This tactic may work if you’re unprepared to fight back. Fighting back isn’t easy when you’re injured and overwhelmed with the expenses and losses you’ve suffered. So, if you’re struggling with your claim, contact a Greenville car accident lawyer from HawkLaw. Our attorneys understand the strain an accident puts on you, and we can help lift some of that burden. We’ll help you fight back with the proper defense. Unsure where to get started? Reach out for a free consultation* today. A Greenville car accident lawyer is ready to speak to you before you sign anything so that you know what to expect and how we can help. ### Defective Drug Lawyer Charleston What is a Defective Drug? Legally speaking, a drug is considered defective when it has multiple side effects that are either deadly or harmful to a degree that they outweigh the positive effects of the drug. In other words, the drugs are too dangerous to be helpful for people, yet the Food and Drug Administration (FDA) still lets some go to market. List of Defective Drugs Any of the following drugs could be considered defective, potentially allowing you to sue for compensation if you or a loved one were harmed by them. Xarelto Actos Byetta Lipitor Yasmin Tylenol Chantix Fosamax List of Defective Medical Devices Like drugs, medical devices can also be defective in the sense that they cause more harm than good. Here are some medical devices that could be considered defective. Paragard IUDs Hernia mesh Medtronic infusion pumps Stents Mirena IUDs Morcellators Who Could Be Held Liable for Defective Drugs in Charleston, South Carolina? Quite a few different parties could potentially be held liable for defective drugs in South Carolina, though the exact parties depend on the unique conditions of your case. Drug manufacturers could be sued for negligence for allowing a defective drug to go to market when they have a responsibility to test it properly first. Testing laboratories can also be held responsible along with any other entities involved in the manufacturing process. In addition to those responsible for manufacturing, liability could additionally be assigned to those who are involved in the distribution process. This can include doctors and pharmacists along with the organizations they work for like hospitals and clinics. Hospitals and other similar institutions have a responsibility to warn about any potential side effects of any drug they prescribe, and that list can be quite significant when it comes to defective drugs. Drug Manufacturer Medical Product Liability If a drug manufacturer produces a defective medicine, they have a legal obligation to recall the affected units as soon as they become aware of the problem to minimize damage to patients. In some cases, drugs appear to be effective and work as intended for a while only to manifest negative symptoms later. Timeliness is crucial on the manufacturer’s part, as any delay in recalling dangerous drugs increases the manufacturer’s level of liability for patient damages. Many pharmaceutical companies have come under fire from government oversight and suffered damaged reputations after public scrutiny due to misrepresented or improperly tested drugs. If you took a medication only to discover later that the drug is dangerous and defective, stop taking the medication immediately and speak with a doctor about the situation. Then, contact a Charleston defective drug lawyer to help you navigate a product liability claim against the manufacturer. If the product in question is a drug that’s commonly prescribed, you might not be the only consumer that has been injured. If this is the case, you can collaboratively file a class-action lawsuit against the drug manufacturer. A class action lawsuit may lead to a much smaller case award, but it is generally much easier and far less expensive to pursue legal action this way. In South Carolina, any defective medical products would be covered under the state's product liability laws. Any person or business that sells an unreasonably dangerous product can be held liable for any harm that the product causes in its use, meaning they would have to cover the cost of medical bills and other damages. What qualifies as unreasonably dangerous is generally any product that is not safe to use when used as it was intended. Because liability on behalf of the seller is assumed under this law, it is not on you to demonstrate negligence in a lawsuit. Instead, you have to demonstrate that the product is defective, that your injuries were a result of the product, and that the product was made by its manufacturer. Medical Professionals Dangerous Drugs and Personal Injury Medical professionals, including doctors and pharmacists, have a legal duty to act with reasonable care and to do no harm to their patients. When a doctor prescribes a medication to a patient, the doctor must check that the patient has no conflicting medical conditions that the prescription would exacerbate. Additionally, the doctor must also check to see which other prescription drugs the patient takes. Some drugs may work as intended but perform differently when taken with other medicines. In some cases, these interactions can be fatal. Doctors must clearly explain all the risks associated with any type of treatment or medication, including ensuring that any prescriptions are safe for patients to take. Pharmacists must ensure that they dispense patients’ orders in the correct dosage and quantity. Additionally, because many medications have clinical names that sound very similar to other substances, it is crucial to be absolutely sure of an order’s accuracy before dispensing it. Providing a patient with the wrong medication can have deadly consequences. Risks and Dangers of Consuming Defective Medication Dangerous drugs can lead to a range of debilitating and potentially life-threatening injuries, and an experienced Charleston personal injury attorney can help you make a case for damages based on those injuries. They can include increased blood pressure, diabetes, liver damage, kidney damage, depression, and an increased risk of heart attack, stroke, or cancer. If your health is suffering after the use of a defective drug or medical device, schedule a free consultation* with our Charleston attorneys to begin your case. Damages From a Charleston Dangerous Drug Lawsuit You may claim several different kinds of damages in a dangerous drug lawsuit in Charleston. Economic damages are the most common, and these are damages that are easily quantifiable, such as medical expenses and lost wages. Note that this includes future medical expenses and future lost earning capacity as well. Additional damages include non-economic damages, which are a bit tougher to put an exact number on in terms of financial compensation. These are damages such as pain and suffering, both mental and physical, in addition to loss of life enjoyment and reduced quality of life, such as regular tasks becoming more difficult. What is the Statute of Limitations for Charleston Defective Drug Cases? The statute of limitations for defective drug cases in South Carolina is three years from the date of the injury suffered from the defective drug. If you are pursuing a wrongful death case, the three-year time limit begins on the date of the death. While the three-year time period is a strict limit, it is generally best to start pursuing your case as soon as possible after your injury. It can take time to collect all the necessary evidence to build a strong case, and it is always better for your case to be as strong as possible right from the filing of the claim. A diligent Charleston defective drug attorney from HawkLaw can greatly assist you in this endeavor. Steps to Proving Negligence in a Dangerous Drug Case in South Carolina When it comes to defective drug cases, negligence is already assumed on the part of the drug company or manufacturer. What you have to do is demonstrate that the seller or manufacturer of the drug is directly responsible for the state of the product. This is generally represented by three key points. First, you must demonstrate that the subject of your lawsuit is the maker or seller of the defective drug. As a disclaimer, this is likely already a matter of public record, so demonstrating this should be fairly simple. Second, you will need to demonstrate that the drug is actually defective. This is a bit tougher, so you will want to enlist legal advice from an attorney with a practice area in defective drug cases. They can help compile evidence of the drug's harmful side effects as well as the maker or seller's failure to properly warn of the dangers, whether it is a prescription drug or an over-the-counter drug. Finally, you will need to show that the serious injuries you suffered occurred as a result of you taking the defective drug. Again, you will want a Charleston defective drug attorney to properly make this case, as they can help you get testimonials from your doctor. Why Do I Need a Lawyer for My Charleston Drug Injury Case? A dangerous drug case may seem straightforward at first, but product liability claims and medical malpractice claims are complicated legal matters that require professional representation. The HawkLaw team is proud to represent personal injury clients in the Charleston area for all types of harmful drug cases. Prescription medications exist to heal and make life easier; when dangerous drug interactions or defective drugs put lives in danger, the responsible parties must be held accountable for their negligence, and that is what South Carolina personal injury lawyers are here for. It all begins with a free case review*. Let Us Help You Recover What You Lost Reach out to HawkLaw to schedule a free consultation* with a free case evaluation* about your dangerous drug case today with our law firm. We understand how devastating these situations can be, so let us show you how we can help. We put all our experience and resources at our clients’ disposal, and we work on a contingency fee basis, meaning we don’t take a fee unless we win your case. * Contact us in Mount Pleasant, North Charleston, Myrtle Beach, Columbia, or Charleston about your dangerous drug case today to get started toward obtaining the compensation you deserve to recover. ### Burn Injury Lawyer Charleston Painful injuries entailing more extensive recovery processes typically yield higher case awards to cover the damages. Burn injury cases are typically more extensive because not only are they incredibly painful, but they also often lead to long-term problems for victims. The right attorney can make a difference in a South Carolina burn injury case. People who have suffered injuries due to the negligence or dangerous actions of others can seek compensation for their medical expenses, pain and suffering, lost income, and property damage through lawsuits. However, it’s important to hire a Charleston burn injury lawyer who can explore all avenues of compensation, especially after an injury as devastating as a severe burn. This is what our law firm can do for you. Burn Injuries and Their EffectsDoctors and health care professionals classify burn injuries based on their severity using a degree scale. Here’s a breakdown of the different classifications. First-Degree Burns. This is the least severe type of burn, typically only affecting the outermost layer of skin. Most people can effectively treat first-degree burns using conventional over-the-counter burn ointment and bandages, but burns to sensitive body parts or over large regions of the body require medical attention. Second-Degree Burns are more serious and penetrate deeper into the underlying layers of skin, requiring immediate medical care. Third-Degree Burns extend to all layers of the skin. This type of burn will typically not heal without medical assistance. Fourth-Degree Burns. This type of burn is the most severe. Like third-degree, this classification extends through all of the skin layers but might also affect the underlying bones or other soft tissues.What are the Most Common Causes of Burns?In order for doctors to successfully treat a burn injury, it’s important to know the actual cause of the burn. There are many typical sources, such as: Thermal burns(direct heat) Scalding (steam, hot water) Electrical Chemical Radiation Symptoms of a Serious Burn InjuryThe symptoms of a burn injury can manifest in quite a few different ways, and it largely depends on the degree of the burn you suffered. Here are the most common symptoms you may encounter: Blisters Swelling Shock Pain Charred skin Peeling skin While all of these symptoms are possible, the most common symptom across all sorts of different burns is the appearance of blisters, either intact or broken and leaking fluid. It is also important to remember that pain is not always an indicator of the severity of the burn. In some extreme cases, severe burns can destroy nerves, which in turn eliminates the pain receptors in the area. Long-Term ComplicationsSignificant burns can easily damage mobility and reduce sensation in the affected areas. For example, a burn over the entirety of the arm can impair the victim’s range of motion with that arm or make fine motor functions more difficult. A severe hand burn can prevent the victim from writing efficiently. Whenever plaintiffs sue for damages in personal injury lawsuits, their attorneys will ask for an award commensurate with their clients’ damages. Most personal injury awards include: Medical expenses. Plaintiffs can sue for their hospital bills, prescription costs, surgery fees, and the costs of any necessary ongoing treatments such as physical therapy. Pain and suffering. Although this may seem difficult to quantify in monetary figures, a judge will consider the evidence of the case and the testimony of expert witnesses to determine the degree of physical pain and emotional trauma the plaintiff experienced. The judge will then award an appropriate amount. Lost income. Plaintiffs who are forced to miss work for an extended period can sue for the wages he or she would have earned in that time. Plaintiffs who are unable to resume work due to injuries can sue for the income he or she would have reasonably expected to earn in the future. Most people understand how devastating a severe burn injury can be and the long-term complications burn victims may experience. Chemical burns can also cause respiratory issues and brain damage. Electrical burns damage the nerves and may even lead to cardiac complications. Radiation burns, even sunburn, can lead to various cancers. All burn injuries require careful medication, attention, and thorough care. Injured victims should know their rights and their options for legal recourse. How to Treat a Burn The most important factor to remember when it comes to burn treatments is that you must remain calm. Panic makes it too easy to forget an important step or crucial treatment. If you suffer a minor burn, you may be able to simply treat the injury at home. More serious burns, however, warrant a visit to the hospital, so treatment depends on the types of burn injuries you suffer. First-Degree BurnA first-degree burn only affects the outer layer of the skin. They can typically be treated with cool water, lotion, and bandaging. Pain relievers help, too, of course. Second-Degree BurnA second-degree burn penetrates through to the second layer of skin and may warrant more proactive treatments available at the hospital. These can include fluids to prevent dehydration and other water-based treatments to stimulate wound tissue.  Third-Degree BurnA third-degree burn goes through all three layers of skin. These severe burns must be treated at the burn unit in the hospital. Surgery may be required, as well as antibiotics to fight infection. Skin grafts and plastic surgery may be needed for particularly bad cases that involve disfigurement or extensive permanent damage. How Long Does a Burn Take to Heal? The amount of time it takes for a burn to heal varies based on the circumstances of the burn itself. A minor burn could heal in as little as a few weeks. Meanwhile, significant burns may never heal properly unless you get skin grafts. Some severe burns can also leave a person permanently disfigured. If an infection occurs with your burn, that will also add some serious time to the recovery process. How Do I Know If I Have a Claim for a Burn in Charleston, South Carolina? You may have a claim for a burn if you can identify a liable party who breached their duty of care. You will also have to demonstrate that this breach of care caused your burn and the injuries sustained from the burn. Establishing that causal link is essential for any burn case if you seek compensation for damages suffered. Duty of care can be a vague term, but it essentially refers to the responsibility that people have to prevent injuries to others. It is your legal right to be protected from violations of duty of care. Drivers have a duty of care to drive safely to prevent injuries in car accidents. Store managers are responsible for providing a safe environment for their customers and employees. A gas station manager has a duty of care to properly maintain pumps with regular safety checks. If the duty of care is violated, and you sustain an injury because of it, you may have a claim for both economic and non-economic damages. Burn Injuries as a Result of Defective Products in CharlestonProduct manufacturers have a duty of care to anyone using their product to prevent harm. This includes burn injuries. If you suffered a burn injury from using a defective product, you may be able to sue the manufacturer with a product liability claim. This is true whether the product has a faulty design, manufacturing defect, or danger that could have been avoided had the manufacturer provided proper warnings and/or instructions. Typically, burn cases are directed toward product manufacturers. Still, you may also have a claim against the seller of a defective product if they sold it to you knowing it was defective. This can be tough to demonstrate on your own, so you will want help from a personal injury attorney. Is There a Deadline to File a Burn Injury Claim in Charleston?The deadline to file a burn injury claim in Charleston, SC, is three years from the date of the injury, just like the vast majority of other personal injury claims. While certain exceptions may be available in other cases, burn injuries are typically hard to miss, so the date you notice your injury will probably be the date of the accident. What Should I Do If I Was Burned While Working in Charleston? If you suffered a burn injury while on the job, and the injury occurred within the scope of your job description, you may be eligible for workers' compensation. The first theing you need to do is contact a personal injury attorney with a practice area in burn injuries. They can help guide you through the workers' comp claims process, offering legal advice to get coverage for medical bills and more. Can a Burn Patient in Charleston Get Disability? Whether or not you are eligible for disability as a burn injury victim depends on whether or not your burn left you with a disability. While it is entirely possible to become disabled from a burn, that is not always the case. You will need medical evidence demonstrating your disability to qualify for disability benefits and how your disability impacts your quality of life. Charleston Burn Injury Lawyers– Free Consultations*In order to find out how we can help you, contact our Charleston burn injury lawyers at HawkLaw today for a free consultation* about your burn injury case in Charleston, North Charleston, Columbia, Mount Pleasant, or the surrounding areas. Burn injuries can be devastating, but it’s possible to recover fully with effective medical treatment and financial compensation for the resulting expenses. Call us today or use our contact form to schedule your free consultation.*  Helping Burn Victims in Charleston, South CarolinaAt HawkLaw, our personal injury lawyers are happy to handle all the heavy litigation for you while you focus on recovery. Alternatively, we can help you seek compensation if a burn injury leads to the wrongful death of a loved one. To request a free case evaluation*, call 888-HAWKLAW or complete the online contact form to speak with an experienced Charleston burn injury attorney at HawkLaw today. ### Birth Injury Lawyer Charleston Birth injuries and defects are every new parent’s fear, and it’s vital to know how to recognize when a birth injury resulted from medical malpractice. The Charleston birth injury lawyers at HawkLaw want people living in Mt. Pleasant and the Charleston area to know what to do when facing a birth injury. Understanding Birth Injuries Personal injury law covers civil disputes between private citizens and organizations. If one person causes injury or financial damages to another, the injured party can seek compensation through a personal injury lawsuit. However, if a newborn suffers an injury during birth, the parents must file a civil action on behalf of their injured child. Doctors and other health care professionals have a legal duty to do no harm to patients. This includes unborn children. If doctors fail to recognize problems with a pregnancy, use unapproved treatment plans, or take dangerous action during delivery, they might commit medical malpractice. Birth injuries can affect the mother, the baby, or both. During delivery, a mishandled baby may suffer brain damage, cerebral palsy, Erb’s palsy, or wounds from surgical instruments. A mother could experience preeclampsia, which can cause seizures, if the doctor fails to note her high blood pressure. These situations are not only dangerous, but children injured at birth typically face lifetimes of disability and medical difficulties. It is crucial for expecting parents to trust their doctors and know the signs of medical malpractice. How Can I Sue for Malpractice? Medical malpractice lawsuits function similarly to personal injury lawsuits with a few important exceptions. First, most medical malpractice claims must proceed through an internal medical review board with the organization in question. For example, this could be a private practice, hospital, or other treatment center. If the internal board deems that malpractice took place or that the plaintiff has reason to pursue a case, the plaintiff can then proceed with a medical malpractice lawsuit. Similar to personal injury law, a plaintiff must prove that the defendant of a medical malpractice case was negligent in his or her actions, and that negligence directly harmed the plaintiff. To show negligence, the plaintiff must prove four facts to the court: An official doctor and patient relationship existed between the plaintiff and defendant. The doctor must have officially agreed to treat the plaintiff, and the plaintiff must have officially agreed to receive the doctor’s treatment. The doctor had a duty to act with reasonable care. This is an expectation of everyone, but the court holds doctors to a much higher duty of care considering the nature of their work. Doctors must diagnose patients using accurate deductions based on symptoms, and then treat those patients accordingly using accepted methods and treatment options. The doctor breached this duty of care in some way. The plaintiff must prove that the defendant acted in a way that no other reasonable and similarly skilled professional would have in the same situation. The plaintiff might also prove that the doctor missed a crucial detail that even an untrained person would have caught, such as reading an x-ray backward. In some cases, the plaintiff’s attorney will call on expert witnesses to testify as to how the defendant’s actions were contrary to accepted medical standards. The defendant caused actual harm. The plaintiff cannot sue if he or she suffered no injury or damage. The plaintiff’s attorney will help him or her gather the evidence necessary to prove the extent of the damages caused by the defendant’s actions. Charleston Birth Injury Lawyers Covering the Charleston Area Medical malpractice cases can quickly turn into complex legal matters. Reach out to HawkLaw's personal injury team about your birth injury case in Charleston today. We can help parents of injured babies secure compensation for their children’s medical expenses and pain and suffering, as well as coverage for the costs of long-term care. We offer free consultations* to new clients, so contact us today in Mount Pleasant and we’ll let you know how we can proceed with your case. ### Charleston Nursing Home Abuse Lawyer What Are the Different Types of Elder Abuse?Understanding the four main types of elder abuse or neglect and their warning signs can help you put an end to this heinous crime in your community. The signs of elder abuse can be highly varied. If you notice anything unusual, such as unexplained injuries or changes in your loved one’s behaviors, it may be worth investigating. Elder abuse goes widely unreported due to victims being scared or unable to talk about their situations. Look for symptoms among the four types of nursing home abuse common in long-term care facilities: Physical Abuse This type of abuse is typically the easiest to detect, as it can leave behind visible marks on the victim. Look for strange bruises, slap marks, bites, burns, and marks that appear to have resulted from restraints. Emotional AbuseAccording to the World Health Organization, emotional abuse is the most common form of nursing home abuse that residents suffer. Emotional abuse can be sorted into two main categories: verbal and non-verbal. Verbal abuse involves a staff member yelling or threatening a resident, and this form of abuse is often more obvious.  Contrarily, non-verbal abuse is a bit more subtle and not as easily recognized by onlookers. The effects of non-verbal abuse can be the same as verbal abuse, so keep an eye out for the same indicators of emotional abuse and emotional distress. Look for changes in your loved one’s behaviors, such as depression, anxiety, fear, or lack of interest in social activities, as this may signify psychological abuse. NeglectNeglect occurs when nursing home residents are not provided with the proper care they require. While this does still qualify as nursing home abuse, neglect does not necessarily occur due to active hostility or as the result of a deliberate act. Neglect cases can be the result of staff carelessness or rampant understaffing, which is a common problem in assisted living facilities across the country.  Neglect can take many forms as well, such as medication errors, malnutrition, dehydration, ignoring complaints, and poor personal hygiene. In some circumstances, neglect is so serious that it could result in a wrongful death case. Financial AbuseFinancial abuse by nursing home staff members, friends, or even family members may occur when someone takes advantage of an elderly person’s illness or mental state to coerce them into giving away money or assets.  Additionally, healthcare fraud is a growing concern within financial exploitation. This form of abuse mostly consists of nursing homes billing for services that were either not provided or not medically necessary. This is commonly committed by double billing or billing for procedures that are more expensive than the procedures that were actually performed. Keep watch over your loved one’s bank accounts to detect unexplained withdrawals or asset losses. Sexual AbuseStaff members may take advantage of residents sexually when they are unable to speak out against them, such as patients with Alzheimer’s. Detect sexual abuse by looking for marks on the resident’s upper thighs or genitalia injuries. Emotional and behavioral changes may also indicate sexual abuse. What to Do if a Family Member Is Committing Elder AbuseIt can be tough to accept that a family member is committing elder abuse, but when money matters are involved, some otherwise decent people are capable of committing acts you would not expect. If you are suspicious that an elder is being neglected by a family member, keep an eye out for signs like weight loss, dehydration, and poor hygiene. Signs of financial abuse can include missing bill payments, negative credit reports, and service interruptions. Sudden changes to estate plans can be a sign of elder abuse, too, so it is always best to keep an eye on the circumstances around any changes. To help prevent this kind of elder abuse, it is essential that you document everything. Keep a record of any suspicious activity and keep detailed records of all relevant financial transactions. This will help you build a case with sufficient evidence to protect the elder if abuse is found to be taking place. Then, you can contact Adult Protective Services and potentially move to invoke power of attorney. A Charleston nursing home injury lawyer can help. Schedule a free consultation* with our legal team to empower and protect your loved one. How to Spot Nursing Home AbuseAs mentioned, nursing home abuse and neglect leave signs behind, and you can more easily spot them if you know what to identify. Here are some of the most common warning signs of nursing home abuse and neglect that Charleston nursing home abuse lawyers see often: Bedsores Pressure ulcers Skin tears and cuts Dehydration and malnutrition Facial and dental injuries Sepsis from infections Broken bones and fractures Unexplained weight loss Injuries from falls Bruises and welts on skin The Steps to Take When You Suspect Nursing Home Abuse in CharlestonThe moment you suspect elder abuse, withdraw your loved one from the facility or home of the responsible caretaker. Notify the police of your suspicions so they can record your complaint and investigate the issue. If the police find something amiss with the nursing home or otherwise prove elder abuse and neglect, you may be able to file a personal injury claim on top of a criminal claim against the offender. The Charleston nursing home abuse lawyers at HawkLaw can help you sort through South Carolina’s Adult Protection laws, as laid out in Title 43 of the state’s Code of Laws. These laws, the Omnibus Adult Protection Act, provide a system of protection for the state’s adults. It clarifies the responsibilities of nursing home staff members and others involved in the system, as well as addresses the needs and rights of vulnerable adults. It defines elder abuse and outlines how victims may file allegations of abuse and neglect. It also lists civil and criminal penalties for these crimes. At HawkLaw, we offer confidential and free consultations*. You can explain what happened and hear your legal options. Call 888-HAWKLAW to get in touch with our local nursing home abuse lawyers in Charleston and throughout South Carolina today. How Do I Report Nursing Home Abuse in Charleston, South Carolina?If you have confirmed that nursing home abuse or neglect is taking place, call law enforcement immediately. The number is 1-888-227-3487 for the South Carolina Department of Social Services. Alternatively, you can report nursing home abuse and neglect online by clicking here to get your report to the South Carolina DSS. In addition to reporting the nursing home abuse and neglect, you will need to collect as much evidence as possible. If the abuser gets wind of the report, they may try to get rid of the evidence if they can. Collect medical and financial records of the victim as well as nursing home documentation. Taking photographs that confirm the abuse and neglect helps too, such as photographing bedsores, bruises, or other remnants of mistreatment. Gathering witness testimonies can help along with the personal logs you have kept. What Is the Average Settlement for Nursing Home Neglect or Abuse in Charleston?As a disclaimer, nursing home abuse or neglect settlements can vary quite a bit depending on the extent of the abuse, medical costs, funeral expenses, and even non-economic damages like pain and suffering. The average nursing home abuse settlement is about $406,000, according to the Health Affairs journal, but your particular case may not come close to that amount. Previous settlements have awarded substantially less, while others have awarded more than $2 million to victims of abuse due to the egregious violations and hard work of Charleston nursing home abuse lawyers. The only way to know how much your case is worth is to speak with a Charleston nursing home abuse attorney. How Long Is the Statute of Limitations for Nursing Home Abuse in Charleston?Under South Carolina law, you have three years from the date the abuse was discovered to put forward a legal claim in most cases. The exception is when the target of your lawsuit is a medical institution that is funded either fully or in part by the state. In that case, the statute of limitations decreases to two years.  How Long Does It Take to Settle a Nursing Home Lawsuit in Charleston?The time frame for nursing home abuse or neglect lawsuits varies quite a bit depending on the details of the case, but the overall length ranges from a few months to a few years for abuse cases that reach a settlement. If a settlement cannot be reached, the case will go to trial. Cases that go to trial will take significantly longer than cases that settle, but a Charleston nursing home abuse attorney can help speed up the process. A free consultation* can give you an idea of how long the process will take. HawkLaw Nursing Home Abuse Lawyers Fights for Your Beloved EldersYour elderly family members deserve to live with dignity and respect, and that is why the tenacious law firm of HawkLaw will take legal action against nursing home abuse. If you are seeking help from a personal injury lawyer and nursing home abuse lawyer in Charleston, SC, North Charleston, Greenville, Mt. Pleasant, Myrtle Beach, Columbia, or elsewhere in South Carolina, get in touch with our team by calling 888-HAWKLAW or completing our online contact form to begin with a free consultation*, case evaluation, and legal advice. ### Bicycle Accident Lawyer Charleston If you or a loved one was in a bicycle accident in the Charleston area, come to HawkLaw in Mount Pleasant for legal counsel. You may be eligible to recover your losses by filing a claim against the party responsible for your accident. HawkLaw is a Charleston Personal Injury Lawyer with years of experience representing clients across the city on a variety of personal injury cases. If you were injured in a Charleston Bike Accident, contact HawkLaw for a case evaluation by calling 854-203-1172, or filling out our online contact form. Charleston Bicycle Laws Bicycling is an excellent way to get around the city, but it can be dangerous as well. Understanding your rights and responsibilities as a cyclist in South Carolina can keep you out of legal trouble and avoid an accident altogether. Always talk to a Charleston bicycle accident lawyer about the applicable laws and rules in your specific case. Here are a few general rules to keep in mind while cycling in the city: Bicyclist rights. Bicycles are vehicles under Charleston law. This gives bicyclists the same rights and responsibilities as motor vehicle drivers, except when there are special provisions for bicyclists (i.e., riding in bike lanes, wearing a helmet, etc.). Cyclists must ride in the same direction as traffic, use signaling, and obey all traffic signals. Drivers to exercise due care. Section 56-5-3230 of South Carolina’s bicycle laws state that vehicle drivers must exercise due care to avoid colliding with bicyclists. This includes using a horn or other audible signal to prevent a collision. Motorists must also maintain a safe driving distance from the bicycle at all times. Gear and equipment. Bicyclists must have front lamps with white light to ride at night, as well as a red reflector on the rear of the bike. Bikes must also have working brakes. In South Carolina, bicyclists over the age of 21 do not legally have to wear helmets. Riders under the age of 21 only have to wear helmets on low-powered bikes. Negligent drivers can cause bike accidents by ignoring roadway rules, failing to yield right of way, texting and driving, and through a number of other errors. If a driver breaks any roadway rules or other applicable laws, resulting in a collision with a bicyclist, the injured victim has the right to file a claim against the at-fault driver. Filing a claim with the driver’s insurance company or through the South Carolina civil courts can result in compensation for your injuries and property damage. What to Do After a Bicycle Crash Directly after a bicycle crash, it’s important to look after your health. Seek medical attention immediately for any injuries. Even if you don’t feel injured, visit a doctor and explain what happened. You may have suffered an injury with delayed symptoms, such as a concussion. Once you’re on the mend from your injuries, look into the legal aspects of your crash. If it was a hit and run, find out if you have uninsured/underinsured motorist insurance through your car insurance company. This can cover your damages in spite of the other driver failing to stick around and give you his/her information. If the other driver stopped and filed a claim, you will likely hear from his/her insurance company within a day or two of the incident. An insurance claims adjuster will likely try to get you to settle your case for as little compensation as possible. You may want to accept the settlement to avoid the court claims process, but consult with a Charleston bicycle accident lawyer first. Often, a personal injury lawsuit can result in greater compensation in negligence-related accidents. Contact a Charleston Bicycle Accident lawyer Near You At HawkLaw, we offer confidential, free consultations* after bicycle accidents in Charleston. You can explain what happened and hear your legal options. Call (843) 429-5529 to get in touch with our local attorneys in Charleston and throughout South Carolina today! ### Product Liability Lawyer Charleston Failure to do so, resulting in consumer injury, may be grounds for a product liability lawsuit in Charleston. The talented Charleston product liability lawyers at HawkLaw in Mount Pleasant, SC can help you work through a potential defective product claim, and pursue compensation for your damages. Elements Necessary to Prove a Product Liability Case Cases involving defective products are unique in that plaintiffs do not need to prove the defendant’s negligence, as they must in most personal injury lawsuits. Instead, the plaintiff must only show that the product had a defect, and that this defect caused the injury. There are four elements necessary to prove a defective product case in Charleston. First, that the plaintiff suffered losses or sustained an injury. “Losses” can include property damage or financial losses as well as personal injuries. Second, that the product is defective. A “defect” can be one of these three different types: Manufacturing error. A manufacturing error is a mistake that occurs during the product’s creation. In these cases, the product would have otherwise been safe for use, but the error made the product dangerous. An example is a swing missing one of the links in its chain. Design flaw. A design flaw makes an item inherently dangerous to use, even if manufactured correctly. There is something that makes the product unsafe in its inherent design. For example, a teakettle that cracks when it gets too hot. Inadequate safety warnings. A manufacturer must list any hazards that are not obvious to the ordinary consumer, as well as directions for using a product if necessary. An example of this defect would be a children’s toy that poses a choking hazard to kids under the age of three, with no warning stating so. The third element is that the defect caused the injury. It is not enough to prove that a product is defective – it must be the proximate cause of your injuries. A plaintiff may prove this with photos, eyewitness testimonies, and/or medical records. The fourth element requires that you were using the product as the manufacturer intended at the time of the incident. Using a clothing iron to straighten your hair, for example, would likely make it impossible for the consumer to claim damages for a subsequent burn injury. Why Trust HawkLaw with Your Defective Product Case? A defective product can cause serious injuries and even death to unsuspecting consumers. A personal injury lawsuit can lead to compensation for pain and suffering, medical bills, lost wages for missed time at work, and more. If you believe you have all four elements of a successful product liability case, your next step is to retain an experienced lawyer in Charleston. The Charleston product liability lawyers at HawkLaw are an ideal candidate for you, as we have more than 50 years of combined experience among our lawyers. We have secured millions of dollars in settlements, awards, and judgments for clients throughout South Carolina. You might be next on our list of success stories. Our team’s job is about more than just fighting for the compensation our clients deserve. The main goal of our team of Charleston product liability lawyers is to better the lives of those who have suffered injuries or other losses at the hands of someone else’s negligence. We are in the business of offering legal counsel and professional help during some of the most tragic times in our clients’ lives. We are a caring, empathetic local law firm that wants above all else to help those in our community. Contact Our Charleston Product Liability Attorney After any type of injury involving a potentially defective product in Charleston, contact our firm. A friendly attorney will meet with you during a free consultation in Mount Pleasant, SC to discuss the merit of your incident. Call today! (843) 737-9356 ### Slip-and-Fall Accident Lawyer Charleston Thousands of people suffer serious and even fatal injuries from slip, trip, and fall incidents outside of the workplace, in grocery stores, parking lots, businesses, and right in their own neighborhoods here in Charleston County. Determining who is responsible for your slip and fall can lead to compensation for your damages. Work with the Charleston slip-and-fall accident lawyers at HawkLaw to discover your rights as an injured victim in the Charleston area and Mount Pleasant. Who Is Liable for Slip and Fall Accidents? Be sure to note your location after a slip and fall: Were you at work? Were you at your local grocery store like Harris Teeter? Were you a passenger on a cruise ship? Were you visiting your neighbor’s home as an invited guest? It is the property owner’s legal responsibility to provide a reasonably safe environment for invitees, licensees, and even trespassers (if they are minors). The property owner is the defendant in most slip-and-fall cases because they are responsible for injuries that occur on their properties as a result of negligence. Negligence for a property owner means: Failure to repair known hazards on a property. Failure to warn visitors of known hazards not yet repaired. Failure to reasonably search for and repair unknown hazards. These are the three main duties of care all property owners owe invitees, or invited guests. If you are a customer at a business, for example, you are an invitee. As such, you have the right to file a claim against the property owner if you slip and fall on spilled liquid an employee should have cleaned. Business owners are liable for the actions and inactions of their employees through the laws of strict liability. Property owners owe only the first two standards of care listed above to licensees (someone invited onto a property, but for his or her own purposes, such as a salesperson), and only the duty not to cause harm to trespassers. A trespasser who is a minor takes the status of an invitee. For example, a child slipping and falling into an uncovered pool may be grounds for a personal injury lawsuit, even if the child was trespassing at the time of the accident. What to Do After a Premises Liability Injury in Charleston, SC Seek medical attention for your injuries immediately after a slip-and-fall accident. Keep a record of all medical-related expenses, including ambulance fees, hospital stays, and scans or X-rays. Follow your doctor’s prescribed treatment plan to avoid the defense arguing that you made your injuries worse. The sooner you speak with a Charleston slip-and-fall accident lawyer, the better your chances for building a strong case. Waiting too long can lead to the destruction of important evidence, or unreliable eyewitness statements. Contact the Charleston personal injury law team at HawkLaw in Mount Pleasant, serving all of Charleston County. Our firm will investigate your slip-and-fall accident and decide whether the property or business owner’s negligence played a part. We may obtain eyewitness interviews, inspections of the property, and surveillance footage of your incident. Then, we will help you understand your rights and potential legal options moving forward. We work on a contingency fee basis, and always inform our clients of our fee schedule up front. A slip-and-fall accident can lead to broken bones, concussions, traumatic brain injuries, and other serious harm. Don’t let your injuries go without consequence for negligent parties. If you or a loved one recently had a slip-and-fall incident, call (843) 737-9356, or click here to schedule a consultation with HawkLaw in Mount Pleasant or throughout South Carolina. ### Construction Accident Lawyer Charleston The worst part about these tragedies is that most of them are completely preventable. They stem from coworker and employer negligence. If you suffered an injury or a loved one passed away in a recent construction accident in Charleston, call 888.HAWK.LAW or use our contact page for a free consultation*.  We want to help you seek justice from the party responsible. Worker Injuries and Employer Negligence Based on OSHA’s “Fatal Four” report, the leading causes of death in the construction industry (not including highway collisions) are falls, struck-by object scenarios, electrocutions, and workers getting caught in or caught between machinery. If employers improve their safety practices in the workplace, the construction industry would see a significant drop in these four main types of fatal incidents. Here are some frequent issues OSHA cites in the construction industry every year: Fall protection Scaffolding construction and safety Respiratory protection Industrial truck safety Ladder safety Control of hazardous energy Machine guarding requirements Electrical components and equipment Electrical systems design This gives you an idea of many of the areas where employers are failing their construction workers. Failure to equip workers with the proper safety gear and adequate training is setting them up for injurious accidents. It is a form of negligence that a personal injury claim can bring to light, potentially leading to a significant and well-deserved settlement for injured parties or surviving family members of the deceased. Personal Injury vs. Workers’ Compensation Claim As a construction worker, you are likely aware of South Carolina’s workers’ compensation program. Through this program, you do not need to prove anyone’s negligence to receive payment for your work-related injuries. What you may not know however, is that filing a workers’ comp claim bars you from filing a personal injury lawsuit in the future. In many cases, this is not an issue. In injuries related to negligence however, you may be eligible to receive much more than a workers’ comp settlement will give you. Filing a personal injury lawsuit against your employer, a coworker, and/or a third party for negligence can lead to payment for your medical bills, related expenses, pain and suffering, lost wages, lost capacity to earn, lost quality of life, emotional distress, and disabilities. Workers’ compensation, on the other hand, will only pay for your medical bills, part of your lost wages, and disability. If you have grounds for a case against a defendant after a construction injury, it is clear how it might benefit you to consider a personal injury lawsuit instead of filing for workers’ comp. Talk to our Charleston construction accident lawyers during a free, no-obligation consultation to find out which option might be best in your specific case. HawkLaw: Experienced Construction Accident Lawyers in Charleston Construction is one of the deadliest jobs in the United States. If you suffered an injury on the job, there is a chance that negligence was a contributing factor. Your employer may be guilty of failing to provide proper safety gear, or inadequate training. Contact HawkLaw to discover what your case might really be worth. Our team has over 50 years of combined experience, and has recovered millions of dollars for our clients throughout South Carolina. Plus, we work on a contingency fee basis – meaning you won’t pay a dime unless we win. Don’t let a construction accident go without legal attention. We understand how personal injuries can alter your life, and want to extend our assistance to those struggling to heal. Call (843) 737-9356 or use our contact page to schedule your consultation today! ### Pedestrian Accident Lawyer Charleston Thousands more will suffer significant injuries from accidents and defects in walking surfaces like parking lots, sidewalks, and construction zones. When pedestrians suffer serious accidents due to negligent drivers’ actions, a Charleston pedestrian accident lawyer can help them recover the expenses that result from these incidents. Injuries and Damages in Pedestrian Accidents Pedestrian accidents often entail serious injuries. Injured pedestrians may suffer broken bones, lacerations, burns, traumatic brain injuries, spinal cord damage, and a host of other possible injuries. In these situations, injured victims may file personal injury lawsuits to recover their losses. When victims die from their injuries, their surviving loved ones may be able to file wrongful death claims to secure compensation for their loss. Depending on the details of a case, injured plaintiffs in pedestrian accident cases may receive compensation for their medical expenses, property damage, lost income, and pain and suffering. It will be up to the plaintiff’s attorney to prove that the plaintiff’s injuries and damages directly resulted from the defendant’s actions. Plaintiffs may only sue for losses that were the direct result of the incident in question. To establish liability for these damages, the plaintiff’s attorney must prove the defendant was negligent, and his or her negligence directly caused the plaintiff’s injuries and damages. Proving Negligence and Collecting Compensation Personal injury law hinges on the legal concept of negligence. To prove a defendant was negligent, the plaintiff’s attorney must prove several things to the court: First, the plaintiff’s attorney must demonstrate to the court that the defendant owed the plaintiff a duty to act with reasonable care. For pedestrian accident cases, this typically means drivers must always yield the right of way to pedestrians who are at an intersection or in a clearly-marked crosswalk. Second, the plaintiff’s attorney must show that the defendant breached this duty to act with reasonable care in some way. This could mean illegally running through a red light or stop sign and striking a pedestrian, or failing to properly signal and hitting a pedestrian in a crosswalk. Finally, the plaintiff’s attorney must prove that the victim’s injuries and damages are the direct results of the aforementioned breach of duty. An experienced Charleston pedestrian accident lawyer can help injured plaintiffs prove the facts of their cases and secure compensation for their losses. In addition to general compensatory damages like medical expenses and lost income, some cases will also entail special compensatory damages and possibly even punitive damages. Punitive Damages As the name suggests, punitive damages exist to punish defendants for willful or grossly negligent behavior. This type of punishment aims to deter defendants from engaging in similar behavior in the future, and also serves as a warning to the general public about the consequences of engaging in such behaviors. South Carolina, like other states, has caps or restrictions for how much a judge may award in punitive damages, and the final figures are typically reflective of the defendant’s socioeconomic standing and the details of the case. In Charleston, punitive damages cannot exceed three times the amount of compensatory damages or $500,000 (the greater of the two). Winning Your Case If you’ve suffered an injury as a pedestrian due to the negligent actions of another person or entity, an experienced Charleston pedestrian accident lawyer can help you secure compensation for your losses and ease your recovery. Since pedestrians have little to no protection from vehicle impacts, recovering from an accident can take months or even years. In many cases, injured pedestrians lose the ability to walk or suffer other permanent disabilities. Anyone in this situation needs reliable legal counsel. Filing a personal injury lawsuit can be complicated, and the process involves meeting numerous strict deadlines and filing the appropriate documents with the court. If you’re recovering from a pedestrian accident, legal entanglements are likely the last thing on your mind, so leave the legal issues to the professionals at HawkLaw. Contact our team in Mount Pleasant to schedule a consultation about your pedestrian accident case, and put our experience to work for you. Call us at (843) 737-9356. ### Motorcycle Accident Lawyer Charleston Many Charleston residents choose motorcycles as a convenient, fun way to travel. Two-wheeled vehicles are fuel-efficient and compact, and they give you a sense of freedom that a car simply cannot provide. Unfortunately, they also leave motorcycle riders more vulnerable when accidents occur. Many motorcyclists in South Carolina have experienced catastrophic injuries because of the carelessness of other drivers. Because motorcycles are fragile and more difficult to control, there is a good chance you will need plenty of compensation for your injuries if you have been in an accident. Unfortunately, there’s also a good chance that you will face opposition when you try to get that compensation. You will need to fight back against the insurance company, but you are already feeling overwhelmed. Instead of filing your claim for compensation alone, get in touch with a Charleston motorcycle accident lawyer at HawkLaw, P.A., who can offer you sound legal advice. A personal injury attorney can simplify the claim process for you. While you focus on your recovery, we will plan your case, calculate your damages, and fight back if the other side tries to pin blame on you. Before you start this difficult process, get in touch with our law firm.  Call us at 1-888-HAWK-LAW (429-5529) or complete the online contact form today.  A Motorcycle Crash Is Devastating Unfortunately, recovering from a motorcycle crash is not easy. While most vehicle accidents can be deadly, a motorcycle leaves you especially vulnerable to injuries on the road. Motorcycles and mopeds do not even have the large frame of a car that can absorb some of the impact—let alone airbags and seat belts. While riding a motorcycle can be freeing, there is a chance of traumatic injuries that can threaten your life and damage your health for years to come. Wearing the proper safety gear can help, but you might not have been required to have that. Riders older than twenty-one in South Carolina are not required to wear helmets. A traumatic brain injury can do permanent damage to your cognitive function, and these injuries are especially common in motorcycle crashes. Even your skin is at risk if you are in a motorcycle wreck. Thick clothes can protect you from burns, including friction burns, which can be serious injuries that lead to infections and further damage. Even with all the protective motorcycle gear in the world, you are still vulnerable to life-changing injuries when other drivers are careless. What Are Common Types of Motorcycle Accident Injuries? Motorcycle riders do not have the same physical protection as motorists driving automobiles and, as a result, even a mild motorcycle crash can lead to a devastating injury. Common motorcycle injuries include wounds to the lower extremities (below the waist), chest, and head. More specific injuries include: Traumatic brain injury (TBI) Whiplash Internal bleeding Spinal and spinal cord injuries Neck injuries Road rash Lacerations/degloving Facial disfigurement Broken bones, including ribs Amputated limbs Organ damage Pelvic injuries The National Highway Traffic Safety Administration (NHTSA) reports motorcyclists are four times more likely to be injured than car passengers and 29 times more likely to suffer a fatality. Sadly, fatalities are also common, especially if the cyclist is hit hard and thrown from the bike. How Do You Protect Yourself From a Motorcycle Accident? To protect yourself from the above injuries, you can take a few measures of safety and make them a habit each and every time you plan to ride. Obey all traffic rules and regulations. Always, always wear a DOT-approved motorcycle helmet, even though South Carolina state law only requires it for riders under the age of 21. Slowly hit the brakes if it appears an accident is imminent – use front brakes deliberately to prevent or lessen the impact and then apply rear brakes to better distribute weight. Slide into your fall (e.g., sliding into a base during a baseball game), but never use your hands to break your fall. Let the motorcycle go and do not cling to the handlebars so you are not crushed by your bike – focus on saving your life, not your bike. Choose a soft spot for impact if possible, such as a grassy area, rather than crashing on concrete or roads. Another technique to become familiar with is the tuck and roll. Since you will have to make a snap decision during a motorcycle crash, knowing what to do beforehand can reduce any injuries and even save your life. Furthermore, carry a medical card noting your emergency contacts, blood type, any allergies, or other health-related issues first responders should know. What Evidence Should I Collect at the Scene of the Accident? In all motor vehicle accidents, not just motorcycle crashes, it is important to collect evidence that will be needed down the road. If another motorist or insurance company adjuster tries to pin the cause of the accident on you, which sadly is common due to stereotypes portraying motorcyclists as reckless, you will have definite proof showing the true cause of the accident. After making sure everyone involved is OK and calling paramedics (if needed), contact the police and have them make an official report. Take pictures of the vehicles involved, including skid marks, road signs, vehicle debris, potholes, road conditions, and any other pertinent information. Exchange name, address, and the insurance company with other drivers involved in the crash (if any are driving a work vehicle, get employer information). If any eyewitnesses are present, get their contact information because they may have seen events that can offer important testimonials to supply to the court. Who’s Responsible For My Charleston Motorcycle Crash? When you have suffered serious injuries in a moped or motorcycle crash, you will need to identify the person responsible and determine how they caused the accident. Identifying the correct at-fault party is extremely important because in South Carolina car accident cases are considered a “fault” vs. no-fault. Fault states do not allow motorcycle accident victims to simply file a claim for their damages with their own insurer and receive a settlement. Instead, you must recover compensation from the at-fault party or their insurer. Keep in mind, however, that the other driver in your motorcycle accident is not always going to be the only person responsible for compensating you for your damages. For example, you might have crashed because a part of your motorcycle malfunctioned. In such a case, you might need to sue the manufacturer of the defective part or your motorcycle for damages. What if your motorcycle was the only vehicle involved in your wreck? That does not necessarily mean you are to blame. Motorcycles are vulnerable to road hazards like potholes and uneven roads, and if a problem with the road caused you to crash, you may be able to hold a government road authority financially accountable. No matter who is responsible for your motorcycle collision, a Charleston motorcycle accident lawyer can help you identify the proper at-fault parties and fight for every dollar you are owed for your injuries. Dealing With Insurance After A Motorcycle Accident Insurance companies are already focused on protecting their profits, and unfortunately, injured motorcyclists might be in trouble because of that. Insurers may try to lower your settlement’s value by claiming that you were partly responsible. To avoid paying you, they may even use untrue “reckless biker” stereotypes to paint you as dangerous and reckless. By connecting with a Charleston, South Carolina motorcycle accident lawyer, you will know someone is standing with you to present your side and fight back against those who do not care about your injuries and other accident-related challenges you face. Because motorcycle crashes can be so expensive, accepting a diminished compensation award will not be enough. Instead, you will need to make sure you are getting the compensation you deserve. This is why it is so important to contact a qualified and experienced motorcycle crash attorney. How Is Pain and Suffering Calculated in Charleston? Tragically, motorcycle injuries can result in much pain and suffering. In accidents involving motor vehicles (including motorcycles), South Carolina law holds the responsible party at fault. However, determining pain and suffering is not as simple or clear-cut as it is for medical bills, loss of income, and other losses that have a tangible monetary value. An experienced Charleston motorcycle accident lawyer can evaluate the types of damages you have suffered and empower you to pursue a fair settlement and calculate a Charleston claim the same as it would be calculated anywhere else in South Carolina. Your attorney will pursue financial damages for pain and suffering, including, but not necessarily limited to emotional distress, anxiety, spousal and other relationship issues, and other emotional issues associated with injuries or disabilities suffered. Compensation For Injured Motorcyclists In Charleston Calculating the financial value of your damages after a motorcycle crash can be complex because you are not just dealing with the physical and financial losses you have suffered. Motorcycle accidents can leave deep emotional scars that haunt you for years after the accident. You deserve compensation for that, too. Fortunately, you should know quickly whether you are being offered a reasonable amount for your economic damages. These damages should cover the expenses that come with an accident. They can be calculated by adding them up and estimating any future monetary costs. For example, you might have suffered from any of the following economic damages: Current medical expenses and future medical bills Property damage Lost income during your recovery Non-economic damages are not so easy to calculate. These damages compensate you for the emotional and mental toll a motorcycle crash can have on you. Because these are intangible and can vary, depending on your situation, they are tough to calculate fairly. If you are struggling to get compensation for damages like the ones below, a Charleston motorcycle crash attorney can help you calculate what you are owed: Pain and suffering Emotional trauma Loss of enjoyment of life Your motorcycle accident attorneys will fight in your best interests and help accurately calculate the damages you have suffered. Laws Affecting Your Charleston Motorcycle Accident Claim Once you have determined the value of your Charleston motorcycle accident case, it is important to fight for what you deserve. This is especially true for motorcyclists, who face the disadvantage of more serious injuries and stereotypes that may be used against them. First, make sure you are filing your motorcycle accident case on time. You will generally only have three years via the statute of limitations to file your claim. If you do not act in time, you could be barred from recovering compensation through a lawsuit. Even if you are busy receiving treatment or caring for a family member who suffered injuries, the law does not take this into account for injury cases. However, a Charleston personal injury lawyer can provide legal representation or deal with insurance claims in your absence. Unfortunately, that is not the only way to lose your compensation. If the other side uses stereotypes to blame you for the accident, your compensation could be reduced proportionally to the amount of fault pinned on you. For instance, they might claim you were being reckless and assign you 15 percent of the blame. In that case, you would only receive 85 percent of your awarded compensation. Worse, if they somehow prove you are more than 50 percent to blame, your claim can be dismissed. Fortunately, a motorcycle collision lawyer in Charleston or North Charleston will know how to fight back when the other side tries to accuse you of being at fault. To protect yourself and get the justice and compensation you deserve, call a Charleston motorcycle attorney as soon as possible after the accident. Connect With A Charleston Motorcycle Accident Attorney Motorcycle accident injuries are painful, frightening experiences that can be tough to overcome. Worse than that is you have been hurt by someone else, but they are not willing to simply cover the costs of any personal injury or damages they caused. Instead, you will have to navigate complicated laws to fight for your compensation. If you, or a loved one, have been in a motorcycle or moped crash, speak to a lawyer from HawkLaw, P.A. Starting with a free consultation*, we will guide you through your injury claim and fight back when the other side tries to avoid compensating you for your injuries or the wrongful death of your family member. Reach out to the Charleston motorcycle accident lawyers at HawkLaw today. To take advantage of our free case review*, call us at 1-888-HAWK-LAW (429-5529) or complete the online contact form at the bottom of this page. One of our SC motorcycle accident lawyers will get right back to you. ### Workers’ Compensation Lawyer Charleston Workers’ comp laws create a fast and easy way for employees to collect payment for medical care relating to workplace injuries. The goal of workers’ compensation is to save workers the hassle of a civil lawsuit, and for the most part, it is successful. In many cases, however, the system fails injured employees, trapping them in red tape and effectively denying compensation for legitimate medical costs. In these situations, seek an experienced Charleston workers’ compensation lawyer for assistance. Reasons To File A Charleston SC Workers Comp Claim If you’ve suffered a work accident, you might not be sure whether it’s worth filing a Charleston workers comp claim. You feel mostly fine at the moment, so you don’t believe your accident was serious enough for workers compensation. Unfortunately, even accidents that sound minor can affect your ability to work. Many common accidents can turn serious quickly. For example, a slip-and-fall might not seem serious at first, but a fall could cause head trauma, leaving you with a serious concussion that won’t show up until later. Seeing a doctor now can also help prevent later accusations that your injury didn’t happen at work. If you’ve been injured in almost any kind of on-the-job accident, you should be eligible for workers’ compensation benefits: Vehicle accidents Slip-and-fall accidents Work-related illnesses Accidents with heavy machinery Falling objects Who’s Eligible for Workers’ Comp In Charleston? Once you’ve determined that you’re going to need medical care or be unable to work for a time because of your injuries or illness, you’ll need to determine whether you’re eligible for workers’ comp. While most of South Carolina’s working population is eligible, you might not be certain that you’re included in that group. Unfortunately, some people are covered by South Carolina’s worker’s compensation laws. If you find that you may not be covered, speak to your Charleston work comp attorney about your options. Certain employee groups might be eligible for alternative types of compensation. For example, a federal employee might receive compensation through the government—not through South Carolina’s work comp program. So, before you decide that you do not have access to workers’ comp benefits, contact your employer and workers comp lawyer in Charleston and review the list below. The following workers may need to seek alternatives to workers’ compensation if they’re injured on the job: Casual or temporary employees Federal employees Railway workers Agricultural workers How to File a Workers’ Compensation Claim in Charleston Once you’ve confirmed that you are eligible for workers’ compensation, you’ll need to act quickly to report your injury and file your claim. South Carolina employees will have ninety days to report their injuries to their employees. If they do not act in time, they could lose their chance to receive benefits. When you report the injury, report as many important details as possible. They will need to know what happened, when and where your injury happened, and who witnessed the incident. Once your employers have the information they need to file your claim, they will take your claim to the work comp insurer. The insurer will examine your claim, assess the severity of your injury, and send you their decision. If you receive an approval, you should receive your worker’s comp benefits soon after. Read more about how to file for workers compensation here. Reasons For a Workman’s Comp Denial Sadly, not every workers’ compensation claim gets approved. You might be facing a denial letter. It can feel like the end of your chance to recover, and many people might assume it is. Fortunately, you do still have a chance to fight back. For the most part, denial of a workers' compensation claim happens because the insurance company is trying to prevent fraud and exploitation of the Workers' Compensation Act. Unfortunately, all too often these agencies are overzealous in their efforts to protect the act, and a workers' comp attorney needs to step in. Other times, an injury attorney is needed simply because the insurance company is trying to get out of paying a settlement. After all, insurance companies work for profit, and they do not make money by paying your claim. When you are denied a claim, there are several steps to take. First, you and your work comp lawyer in Charleston will need to discuss the reason for your denial, which should be listed in your denial letter. The reason for your workman’s comp denial will be what your appeal will need to focus on. In some cases, it might be as simple as a need for more proof that you were injured. By examining your denial reason with your lawyer, you can anticipate the points your employer and insurer will make in any dispute down the road. You will be able to address the supposed issues with your claim and fight for the benefits you know you deserve. Not sure what to expect? The following are some examples of denial reasons you might encounter: Not enough evidence of the injury Not enough evidence that the accident happened at work A missed deadline The Appeals Process Once you have determined why you were denied, you and your lawyer can appeal the decision. If there is a dispute or your employer simply never filed your claim, you will first have your appeal heard by South Carolina workers comp officials. If you are still unable to get the benefits you need, you can appeal this decision, too. When this happens, you may meet with your employer and a neutral party to attempt to settle the dispute. During this entire process, your lawyer will argue for your case. If you have any evidence to dispute your insurance company’s reasons for denial, you or your Charleston work comp lawyer will present that evidence to show that you should receive compensation for your workplace injuries. South Carolina Workers Comp Benefits One of the most important benefits you’ll receive will likely be your medical coverage. South Carolina workers comp pays the full amount for your medical expenses from the injury. These costs could be overwhelming in serious accidents. You’ll also need to make sure you’re getting the disability and lost wage benefits appropriate for your situation. For example, you might be able to return to work but not to your former position. While you are taking “light duty,” you should receive partial disability benefits. These should cover two-thirds of the difference between your new and original wages. Unfortunately, you might be completely unable to work. When you are in need of total disability benefits, you should receive two-thirds of your average weekly wage while you are unable to work. Here is how the four levels of injury claims for SC workers' compensation benefits break down: Temporary partial disability benefits kick in if you have been seriously injured at work to the point where you cannot do the work you once did, but you can still do some sort of work on restricted duty. You are also, in this case, expected to get better. Temporary total disability benefits mean that you have been severely injured on the job and you are completely unable to do any sort of work, even limited work. You are, however, expected to eventually recover from your injury. Permanent partial disability means that injured workers have suffered a level of injury whereby they cannot perform their original work duties, but they may be able to work restricted duties or a different type of job. In this case, however, the employees in question are not expected to ever get better, or they have achieved the maximum improvement they will ever reach. Permanent total disability means that the injured employee is completely disabled due to their work injury and is unable to do any sort of work again. They are also considered to have reached their maximum medical improvement and will never recover from their disability. Sometimes, the workers' compensation insurance provider will challenge the level of disability you have and will deny benefits as a result. It is at this point that a Columbia or Charleston, SC, workers' compensation lawyer like a personal injury lawyer from HawkLaw can step in to fight for the benefits you deserve and help secure the workers' compensation benefits to which you are entitled for your lost wages, medical expenses, and other injury-related costs under South Carolina law. Frequently Asked Questions About Workers’ Compensation Claims Workers’ compensation is a complicated system, with many regulations and stipulations an injured employee must navigate through before receiving benefits. Understanding how the system works, including which injuries qualify for workers’ comp and how to apply for benefits, can help employees protect their rights under South Carolina law. Here are five frequently asked questions the accident attorneys at HawkLaw receive from Charleston workers, and our answers: What injuries qualify for workers’ comp? In general, workers’ compensation will cover any injury that occurs while performing job-related tasks, no matter the nature or circumstances. This includes work-related car accidents, slips and falls, equipment-related injuries, and illnesses stemming from workplace materials and substances. How do I report a workplace injury? Directly after a work-related personal injury, report the incident to your employer. Request medical attention for your injuries if necessary. Employees who fail to report injuries to employers within 90 days of the accident risk losing their right to benefits. Your employer should report your accident. What does workers’ compensation cover? Workers’ compensation covers all medical costs relating to a workplace accident, including surgeries, hospitalizations, prosthetic devices, prescriptions, and medical supplies. It will also cover missed wages at a rate of 66 and 2/3 percent of the worker’s average weekly wage if the worker is out of work for at least seven days. My workplace accident left me permanently disabled. Now what? If a workplace accident leaves you with “permanent and total” disability, workers’ compensation in South Carolina entitles you to lifetime medical benefits and 500 weeks of wage benefits. When do I need to file a workers’ comp claim with the courts? You may need a lawyer’s help with your workers’ comp claim if your employer fails to report your accident, denies your injury, or if you think you did not receive your full benefits. An attorney can help you file a claim with the SC Workers’ Compensation Commission and go through hearings with your employer if necessary. Why do I need a South Carolina workers' compensation attorney? Though workers' compensation laws are very clear, workers' compensation cases can get quite complex. A workers' compensation insurance company often looks for reasons to deny a claim. The workers' compensation system is set up as much to doubt claims as it is to provide fair compensation for work-related injuries. When injury claims are denied, it is vital to have an experienced legal team in your corner that can provide the right legal advice to avoid mistakes, gather an iron-clad case of evidence, and help you get the benefits you need for your medical bills, medical treatment, and other harm you have suffered. That's where a Columbia and Charleston, SC, workers' compensation lawyer comes into the picture. What will a South Carolina workers' compensation attorney cost? A Charleston workers' compensation lawyer is much more affordable than many people think. If you meet the right criteria, you may be entitled to a free consultation* for your workplace injury case. Case "worth" is determined from the total settlement amount. The settlement amount shown are gross numbers before attorney’s fees and cost deductions. The % fees will be computed before deducting expenses and costs from the gross settlement. No fees or costs with no recovery. How do I know if I'm entitled to workers' comp benefits? The Workers' Compensation Act, administered by the South Carolina Workers' Compensation Commission, states that most workers in the state are entitled to workers' comp and disability benefits in the case of an on-the-job injury. Only a few exceptions to this rule exist, and they include employers whose payroll in the prior year was less than $3,000; casual employees who only work when needed and do not have regular hours; employees in the agricultural and railroad industries; licensed real estate agents who work for a broker; and federal employees. If you do not fall into one of these categories, you are probably entitled to benefits for job injury-related partial disability, permanent disability, or total disability, and even death benefits if you have lost a loved one to work-related injuries. Can I get pain and suffering or emotional damages under workers' comp Unfortunately, a Charleston, SC, workers' compensation lawyer will not be able to get you compensation for things like emotional trauma, mood swings, depression, pain and suffering, loss of relationships and comfort, and other forms of non-economic settlements under your workers' compensation benefits. Workers' comp exists only to cover medical costs and lost wages. If, however, you have medical expenses related to these things, like therapy bills, it may be possible to have those items covered, though it can be complicated. That is why it is important to have an experienced workers' compensation attorney in your corner like HawkLaw law firm. We understand the nuances of injury cases and can help you fight for the maximum benefits you deserve. HawkLaw fights to win! Attempting to file a complex workers’ compensation claim without the help of a legal professional can lead to missed deadlines, denied applications, and failure to receive the benefits you need for recovery. Protect your rights as an injured American worker by retaining a Charleston workers’ compensation lawyer during the filing process. Seek Legal Help For Workers’ Compensation Disputes By Hiring A Work Comp Attorney Dealing with a work accident isn’t easy. You’ve suffered painful injuries, and now you’ll need to seek compensation from your employer and their insurance company. Worse, you might have already been denied the benefits you need to recover. You and your family will need those benefits when you’re unable to work. There are some instances when companies contest liability for a workers’ compensation claim, and these injury cases can get complex. A company may allege the injured worker was not performing job-related tasks at the time of injury or that his/her own negligence contributed to the accident. In these situations, a legal advocate in Charleston, SC, can help. If you know you should be eligible to receive workers’ compensation benefits, do not let bureaucracy get in your way. Hire a personal injury lawyer in Charleston, SC, to represent you. A workers' compensation attorney can level the playing field between you and your employer during a dispute and increase your chances of a satisfactory outcome. If you are dealing with a complicated workers’ compensation claim for yourself or the on-the-job wrongful death of a loved one, please contact a Charleston, SC, workers' compensation attorney at HawkLaw. HawkLaw law firm has served the communities of Charleston, Summerville, Columbia, North Charleston, Myrtle Beach, Mount Pleasant, and other Charleston County areas for many years. Our law firm is dedicated to helping injured workers with legal advice regarding work-related injuries and seeking compensation for medical bills and other benefits guaranteed by the South Carolina Workers' Compensation Commission. We highly value a transparent attorney-client relationship as we fight tenaciously for you. A job injury can happen at any time to anyone, and workers' compensation insurance is there to protect you. When it doesn't, you need a law firm with a dedicated legal team that can stand up for your injury claims and fights for the fair compensation you deserve. If you are struggling with your claim, contact a Charleston workers comp lawyer at HawkLaw for help. We will help you fight back when the insurer won’t pay you the compensation you are due. Whether it is for medical treatment to get well again or permanent disability benefits, HawkLaw fights to win! You may even be able to get a free consultation* if you meet certain criteria. For more information on how a free consultation* works, see our disclaimer below. You also don't usually have to worry about any costs upfront, as a good Charleston workers' compensation attorney works on a contingency fee. That means that if we do not get you the benefits you deserve, you will not owe a fee at all. To reach us and get your claim started, call 1+888.HAWK.LAW (429-5529) or complete the online contact form linked above and get your initial consultation with an experienced workers' compensation attorney. ### Wrongful Death Lawyer Charleston A death in the family or among friends always hits hard. Whether it's a car accident, a routine medical procedure gone wrong, or even an intentional assault, the pain of losing someone you care for is difficult to manage. Unfortunately, you might suspect wrongful death on top of that. When you lose someone because another person was careless, you'll need compensation to deal with that loss. You're dealing with the aftermath of someone else's negligence, and that's tough to recover from. Fortunately, that's what a Charleston wrongful death lawyer from HawkLaw, PA is here for. We'll help you fight back when someone causes the untimely death of your loved one. Since 2002, HawkLaw, P.A's wrongful death attorney's have represented clients throughout the state of South Carolina. Who's Eligible to File? Wrongful death claims are unique in that the person injured isn't the person who files. Since they passed away because of the accident, someone else must step in and fight for the compensation that the family is due. That can be complex when multiple family members want to file a claim, so there are limits on who's able to file. As such, even if you are the one paying for the burial or funeral, you might not be the one who files the claim. In South Carolina, none of the family members file the claim by merit of being a family member. Instead, all wrongful death claims must be filed by the executor or administrator of the estate. Typically, this person should be listed in the deceased person's estate plan. Since some people may not have an estate plan, however, the court may name a person as the executor. So, before you file a claim, make sure you're the right person to file. If you're not, however, the executor acts on the behalf of the entire family. So, instead of filing a claim, you may need to simply speak to the executor about the expenses and damages you've suffered because of the accident. Compensation for the Victim's Family Once you've determined who can file, you'll need to know what to file for. Your family and your loved one have suffered, and you should be compensated fairly for that suffering. Unfortunately, it can be tough to determine what compensation your family should receive without help from an accidental death lawyer. For example, you'll need to know what financial losses your family has suffered and should be compensated for. These types of damages are generally easier to calculate than other damages, but be sure you don't miss any possible areas your family may need covered. Your economic damages can include, among other things: Medical expenses Property damage Burial or funeral expenses Non-economic damages can be just as hurtful, and they also need to be calculated. You didn't just lose money. You lost a loved one, and that has an intangible cost to it. You'll need to determine these losses based on their impact. Non-economic damages that you might request in your wrongful death claim include the following: Loss of companionship Mental anguish Pain and suffering What about Punitive Damages? When you've lost a loved one because someone intentionally tried to hurt them or because someone was extremely negligent, you might be entitled to further damages. Punitive damages are added as a punishment for the wrongdoer. Instead of compensating you and your family, they should help give you the justice your family deserves. Remember, though, that these damages are capped. Punitive damages in Charleston and throughout South Carolina are capped at $500,000 or three times your other damages, whichever is larger. That may limit what you and your loved ones can receive, but the right attorney can fight for the max amount you can obtain. Your family should receive the fullest compensation possible, so get the help you need before you file a claim in Charleston. Contact a Charleston Accidental Death Lawyer The impact of losing a loved one can leave you struggling both emotionally and financially. You've just lost someone dear to you, and it was someone else's fault. Since these claims can be so complex, you need help getting the compensation your family deserves. Fortunately, a lawyer at HawkLaw, PA can make a difference. Your family's loss is devastating, but a fatal accident lawyer can help you fight back against the at-fault party. A lawyer can help you determine who can file and for what, starting with a free consult. That way, you know exactly what to expect and how your attorney will help. If you're ready to get started, take advantage of our free consultations. We're here for you and your family. When you're ready, simply call a Charleston wrongful death lawyer at 1-888-HAWK-LAW (429-5529) or complete the following online form. ### Truck Accident Lawyer Charleston If you’re like most motorists, you probably want to avoid tractor-trailers whenever possible. These massive trucks can do serious damage to you and your car. Unfortunately, you might know this first-hand because you have already experienced this type of crash. When an 18-wheeler hits you, you may need a lawyer from HawkLaw, PA to help you through this difficult time. You’re probably dealing with serious injuries, emotional trauma, and pain, which can be overwhelming. Fortunately, a Charleston truck accident lawyer can help you file your injury claim and get the compensation you need to recover. Causes of Truck Crashes in Charleston One of the first steps to recovering compensation is to find the cause of your semi-truck crash. You'll need to back up your claim with evidence that someone else was responsible for your accident. Some common causes of big rig accidents include the following: Drunk Driving – Driving under the influence puts all parties at risk, especially if the vehicle is as dangerous as an 18-wheeler. Because truckers driving under the influence of alcohol have impaired reflexes and judgment, they're more likely to cause a major accident that leaves you injured. Drowsy Driving – Drowsy driving can be just as dangerous as drunk driving because it also affects the reflexes. Many truck drivers drive past their limits to meet tight deadlines and receive incentives, so drowsy driving is a common cause of serious truck accidents in Charleston. Driver Inexperience – In some cases, the truck driver might not have been trained properly. They might have made a mistake, such as not properly checking their mirrors, and now you're the one paying dearly for that mistake. Who to Sue for a an 18-Wheeler Crash Fault is an especially important consideration for South Carolina drivers who have been injured in a trucking collision. You'll need to show that you weren't at fault for your accident to support your Charleston truck accident claim and get the full compensation you deserve. Unfortunately, your claim may not be as simple as pointing to the truck driver. Because the driver is at work while on the road, their employer might be liable for your damages. When an employee is acting within the scope of their job, the employer might be expected to cover the costs of the employee’s negligence. Beyond the trucker and the trucking company, you might need to examine the manufacturer of the truck or its parts. If the truck somehow malfunctioned and caused the accident that harmed you, it might be the manufacturer that owes you compensation. Common Truck Accident Injuries Sadly, it's not easy to overcome a serious truck accident. Your injuries alone—let alone the bills and emotional trauma—can be difficult. You might have even lost a loved one because of your accident. Unfortunately, an injury can be overwhelming, so recovery might be tough. Truck crashes are so serious because a semi-truck is at least six times the size of your car and carries with it vehicle-crushing momentum. That doesn't include the damage dangerous cargo, such as gasoline, can add to the situation. As a truck accident victim, you could have suffered any of the following injuries or more: Traumatic brain injuries Spinal injuries Broken bones Burns Internal bleeding Handling the Legal Details Before you file your claim, make sure you're aware of the South Carolina laws that will affect your case. If you haven't sought out a Charleston 18-wheeler collision lawyer yet, you might not be aware of the state laws that are currently threatening your ability to recover the compensation you need. For example, you'll need to pay attention to the time limits on your claim. In South Carolina, you'll generally only have three years to file your claim. If you don't act within those three years, you may lose your chance to recover compensation for the damages you've been put through. You'll also need to look at your own part in the accident in case the other side accuses you of holding some responsibility. South Carolina has laws that can decrease your compensation for fault on your part. If you're found responsible for any percentage of your semi-truck crash, your compensation will be diminished by that percentage. For example, let's say the other side claims you're 25 percent responsible for your accident. If that accusation sticks, you'll only receive 75 percent of your awarded compensation at most. Your attorney will be prepared to fight back against accusations of fault against you. Semi-Truck Accident Compensation You deserve full compensation for your medical bills, lost income, and property damage. But the compensation you receive should cover more than the economic damages you've suffered. You'll also need compensation for the non-economic damages you’ve been forced to endure. These non-economic damages cover the emotional and mental toll of an accident. A serious truck accident can lead to post-traumatic stress disorder (PTSD), which can reduce your quality of life. However, that change in quality is intangible and difficult to calculate without an attorney’s help. If you're seeking compensation for your injuries, be sure to include all of the damages you've experienced, such as the following: Medical bills Emotional trauma Lost wages Pain and suffering Property damage Scarring and disfigurement Charleston Truck Accident FAQ When you're injured in a semi-truck crash, the recovery process can be difficult and confusing. You're dealing with a lot all at once, and every case is different. So, there's a good chance that you have a few questions an experienced truck wreck lawyer in Charleston can answer. Our Charleston commercial truck accident attorneys can get you the answers you need. We understand how difficult a truck accident lawsuit can be, and we'll make sure you know exactly what you'll need to know as you move forward. Check out our truck accident FAQs below, and give us a call to have all of your questions answered in a free consultation. Can I seek compensation if the truck driver was arrested for the accident? Yes. While a criminal trial may put an at-fault driver behind bars, it won't get you the compensation you need. Talk to an attorney about filing a civil lawsuit separately from criminal charges. What are punitive damages? When another driver acts with an intent to harm you or with egregious negligence, there may be punitive damages involved in your resulting lawsuit. Rather than compensating you for your suffering, like your economic and non-economic damages, these damages are awarded strictly to punish the wrongdoer. Should I talk to the trucker’s insurance company? You may get a call from the insurance company for the trucker or trucking company, during which they’ll ask you about the accident and how it happened. We do not advise truck collision victims to answer these questions. In most cases, insurers are looking to poke holes in your story and place more blame on you so they can avoid fully compensating you. Instead, you can direct them to speak with your attorney. Call a Charleston Truck Accident Attorney Unfortunately, you're dealing with a lot in the wake of a semi-truck crash. You're hurt and suffering and the bills are piling up, and you'll need compensation to overcome that. What can you do? Fortunately, an attorney from HawkLaw, PA can help you recover when you're struggling with your case. In a free case review with our firm, you can get the answers you need and discuss your next steps with a qualified and experienced attorney. Struggling after an 18-wheeler wreck and need help? Reach out to a Charleston truck accident lawyer to schedule a free consultation by calling 1-888-HAWK-LAW (429-5529) or by completing the online contact form below. ### Car Accident Lawyer Charleston Charleston is a busy city, which means plenty of cars on the road. While most of us know to follow the rules of the road, accidents can still happen. Unfortunately, that means you could be badly injured and left with the bills and lost wages that come after a collision. This could leave you in a difficult financial, emotional, and physical situation for years after the crash if you don’t get the help you need. Pursuing compensation isn’t easy, and the person responsible for the wreck will almost certainly fight back to avoid paying for your car crash damages. When this happens, you may need the help of a Charleston car accident lawyer from HawkLaw. Our experienced car wreck attorneys understand how traumatic and painful an auto accident can be — and how easy it is to lose your chance to recover compensation. Instead of facing the coming difficulties alone, speak to our knowledgeable attorneys about your case. Financial Compensation After a Charleston Car Accident Economic damages are the damages after an accident that are easily quantifiable and have direct financial costs. These include damages such as medical bills and lost wages. Non-economic damages, or the emotional and mental trauma that come with an accident, can be especially complex because they’re intangible. A lawyer with the right resources and experience can find the true value of your non-economic damages and make sure you receive every cent. You’ll want to calculate accurate compensation for all of your damages, including the following: Medical expenses Lost wages Emotional trauma Pain and suffering Property damage Scarring and disfigurement How Can I Recover Compensation After a Car Accident? Ideally, you would be able to recover compensation after a car accident by going through insurance, but that will not always give the desired result. You can file a lawsuit for compensation if the damages you suffered exceed the insurance policy limits or if a settlement cannot be reached. How to File a Car Accident Claim in Charleston The details of your car accident claim filing in Charleston depend on whether it involved any injuries or deaths. If there were none, you do not need to include a police report. Otherwise, a police report must be included. As a disclaimer, having a police report for your insurance claim is typically a good rule of thumb regardless of the details of the accident. In accordance with most insurance policies, you must notify your insurance adjuster that an accident has occurred. Note that notifying them does not necessarily mean you are prepared to accept any kind of settlement they offer you. All you have to do is let them know it occurred. After that, it is time to notify a Charleston car accident lawyer about your personal injury case. With a lawyer on your side, they will be able to take care of the filing and documentation for you as well as help gather all the necessary evidence to help with your personal injury claim. Plus, a lawyer will be able to negotiate on your behalf, which is especially helpful because insurance companies tend to lowball you with their initial settlement offers. Were You Injured in a Auto Accident? HawkLaw Is Committed To Fighting For The Compensation You Deserve FREE CONSULTATION* 888-HAWKLAW Common Causes of Car Accidents in Charleston Car accidents in Charleston and the wider South Carolina area can happen for a wide variety of reasons, but the following are the most common: Distracted driving Reckless driving Drunk driving Teen drivers Failure to yield Tired driving Following too closely Common Injuries in Car Accidents Unfortunately, many Charleston car accident victims will face sky-high medical bills. While cars have many safety measures to keep drivers safe on the road, high speeds can make a crash especially dangerous. When multiple cars are involved, you can expect even more serious injuries. These injuries require medical treatment. Even if you feel fine, be sure that you seek treatment immediately. Some injuries, such as internal bleeding, may not be noticeable until it’s too late. Even if you’re not seriously injured, getting medical attention immediately can prevent claims later on that your injuries didn’t stem from your accident. Unfortunately, you might face doubts about your injuries if you don’t seek treatment quickly, so act now to recover as soon as possible and make sure your health isn’t in serious danger. The following are some serious injuries that are common in auto accidents: Traumatic brain injuries Spinal cord injuries Whiplash Bone fractures Organ damage Burn injuries What to Do After a Car Accident in Charleston In the wake of a car accident, you or a loved one will need to take some steps to properly handle such a traumatic event. Take the following steps: Check yourself for injuries. Check your passengers for injuries. Move to a safe location. Call emergency services. Exchange contact information with those involved. How to Protect Your Rights After a Car Accident To keep your own rights safe after a car accident, it is important that you document as much of the accident as possible. Gather evidence from the scene, including photos of your injuries, skid marks, damage to the vehicle, etc. Additionally, do not admit fault when talking to other people involved or emergency responders, as that can be used against you. Note that an apology can be considered admitting fault. Can I Recover Damages If I Was Partially At Fault For My Accident? Yes, you can recover damages if you were partially at fault for your accident, but the amount of compensation you can recover is directly proportional to the amount of fault you hold for the accident. Also, if you were more than 50% at fault, you will not be able to recover damages at all. Determining Fault After a Charleston Car Accident To determine fault in a South Carolina car accident, you have to consider who was being negligent leading up to it. Essentially, there are four aspects one must demonstrate to assign fault to somebody. First, someone must have a duty of care, such as being courteous to other drivers on the road. Second, someone must breach their duty of care, such as driving recklessly or being a drunk driver. Third, that breach must cause an accident. Finally, the accident must cause damages such as personal injuries and/or property damage. Is South Carolina a No-Fault or At-Fault State? When you’ve suffered through an auto wreck, determining who is responsible for your injuries will be critically important to recovering full compensation. While your insurance company might help by providing some services, such as a rental car when yours is totaled, South Carolina is a “fault” state. This means that the at-fault party or their insurance company should compensate you for your damages. Unfortunately, the at-fault party or insurance company might try to blame you for the accident. This is especially common if it’s not immediately clear who’s responsible for the accident. For example, if the other car T-boned yours, it might be unclear who caused the accident. If you believe the other person was responsible, you and your Charleston personal injury lawyer will need to gather evidence. South Carolina’s Comparative Negligence Laws South Carolina, including Charleston, utilizes a modified comparative negligence standard when it comes to car accidents in the state. With this standard, the amount of compensation you can receive for damages in the wake of an accident is proportional to how responsible you are for the accident. For example, if you sustained $100,000 worth of damages in an accident but are determined to be 10% at fault for it, you will only be able to recover $90,000 in compensation. The modified part of South Carolina law applies to drivers who are greater than 50% responsible for an accident. If your responsibility exceeds 50%, you will not be able to recover any compensation at all. Who Determines Fault in a Charleston Car Accident? Fault is typically determined by either police on the scene or the insurance companies that are involved. That is how it works in most cases, but some car accident cases make it all the way to trial. In those rare cases, it is up to a jury to determine who is ultimately at fault for an accident. A Charleston car accident lawyer is a critical asset in this situation. Gathering Useful Evidence for Your Charleston Car Accident Case You will need evidence to make your case as strong as possible for fair compensation, and that evidence can come in many different forms. Ultimately, it needs to demonstrate that the other party was negligent and that their negligence led to the damages you suffered. Some key pieces of evidence include the following: Witness testimony Police reports Photographs of the scene highlighting damage and conditions Photographs of the vehicles involved Medical records of your injuries and their treatments Financial records of property damage and repairs The Time Limit to File a Car Accident Claim in South Carolina The statute of limitations for most, but not all, personal injuries in South Carolina, including those from car accidents, is three years from the date of the accident. The Role of Car Insurance in Car Accident Claims in Charleston In South Carolina, the primary payer of your damages is the liability insurance held by the at-fault driver. If they do not have liability insurance or enough liability insurance to cover the extent of your damages, you can also collect from your own policy based on how much uninsured or underinsured coverage you have. Remember that you should not hesitate to use your own medical insurance to take care of your injuries in the short term. It is possible to be reimbursed from your auto insurance at a later date in some cases. Calculating Damages in a Car Accident Claim To get the compensation you know you deserve, you and your attorney will have to assign a monetary value to every single damage you’ve suffered because of a negligent driver. Unfortunately, some damages can be difficult to calculate on your own. Your economic damages, which include any financial losses tied to your collision, will be the simplest, but these can be complex, too. You’ll need to calculate both the costs you’ve already suffered and the future expenses that will affect you. For example, you might need future surgeries or treatment for your injuries. How to Prove That You Deserve Compensation For Your Car Accident Injuries When you suffer injuries from a car accident, you will need to provide medical evidence that demonstrates the extent of those injuries. This can include statements from doctors, X-rays, blood work, and a variety of other kinds of documentation. Additionally, you will need to provide an itemized list of all the accompanying medical expenses that go along with your treatments. How to Maximize Your Financial Compensation After a Car Accident The best way to maximize your financial compensation after a car accident is to focus on your treatment and keep a record of it. While this obviously includes following your doctor's treatment plan and keeping a record of your medical expenses, it should also include maintaining a journal of your emotional pain that can help document your non-economic damages. What to Do If the Insurance Company Will Not Pay For Damages After a Car Accident Unfortunately, the insurance company is not likely to be happy to see your claim for compensation. Almost without exception, insurance companies prioritize their profits above everything else. They’ll do what they can to avoid paying out for an expensive settlement if at all possible. That means you can expect the insurance company to try to avoid compensating you fairly. They might lowball your settlement, for example, offering you far less than what your claim is worth and saying that’s the best they can do. They might even refuse to respond to you for a time. When this happens, you’ll need to fight back to get what you’re owed. If you go into the exchange knowing how much your claim is worth, you’ll know when the insurer is trying to avoid paying you fairly. If the insurers won’t budge, your car accident lawyer in Charleston can help you take them to court. Can I Sue a Commercial Driver for a Charleston Car Accident? Not every accident is between two private motorists. You might have been hit by a delivery car, for example, or a taxi. In these cases, you might not be sure who’s responsible for your damages. It should be the person who caused your injuries, right? Unfortunately, your claim might not be so simple. If you were involved in a car accident with someone who was on the clock, their employer might owe you compensation. Employers often hold responsibility for the actions of their employees when they’re working. For example, let’s say you’re driving past a construction zone, and the driver of a construction vehicle clips your car. Instead of just suing the individual driver, you might file a claim against the company they work for. Related resources: Lyft Accident Lawyer Charleston Uber Accident Lawyer In Charleston Roles and Responsibilities of a Charleston Auto Collision Lawyer Personal injury attorneys in Charleston have several roles and responsibilities you can benefit from regarding your legal issues. Determining and Proving Fault A Charleston car accident attorney will know how to demonstrate fault in an auto accident, which is one of the key aspects of making your case. Calculating a Fair Settlement Calculating economic damages is fairly easy, but non-economic damages like pain and suffering and mental anguish are a bit tougher to quantify. A legal team will know how to handle it. Building a Strong Case Strong cases are built using evidence, and injury lawyers will know how to gather all the relevant evidence for your case. Negotiating On Your Behalf With a car accident attorney, all you have to do is focus on recovery. Auto accident lawyers will handle all communications on your behalf, from talking to the insurance company to representing you in court. Why Clients Trust HawkLaw At HawkLaw, you can benefit from our years of experience coupled with a dedication to a positive and communicative attorney-client relationship. Our law firm takes a digital-first approach for your convenience, letting you schedule consultations, legal representation, and legal advice online. Dedicated Representation After Devastating Car Accidents When you’ve been in a car crash, it can be tough to overcome the suffering that comes with it. You’re not just dealing with injuries, unfortunately. The expenses are building up, you’re unable to work, and you’re overwhelmed by the trauma. What can you do? One of the most important steps for the success of your claim is to talk to a lawyer. The attorneys at HawkLaw are ready to help you determine the full value of your claim and fight for that compensation so you can focus on your recovery. You don’t have to take on the difficulty and stress of a lawsuit alone. If you’re concerned about your auto crash claim, reach out to a Charleston car accident lawyer for a free consultation and case evaluation.* Give us a call at 1-888-HAWK-LAW (429-5529) or fill out the form below. ### Brain Injury Lawyers in Charleston Many patients with brain injuries never fully recover, cannot return to their jobs, and lose their quality of life. Brain injuries often have long-lasting implications for the physical, mental, and emotional well-being of the victim. If you or a loved one suffered a head injury in Charleston because of someone else’s negligence, find out how HawkLaw can help. We are located in Mount Pleasant and serve all of Charleston, Berkeley, and Dorchester counties in South Carolina. What Is a Traumatic Brain Injury? A traumatic brain injury (TBI) involves damage to the brain caused by an external force. It differs from acquired brain injuries, which may result from medical conditions like a stroke. No two brain injuries are exactly the same. Some victims experience damage to their motor functioning, which can lead to paralysis. Others have difficulty regaining speech or basic cognition. While some individuals will regain their ability to complete everyday tasks, others will require intensive, around-the-clock care. Either way, a head or brain injury can seriously diminish a victim’s quality of life. TBIs are also more common than you might think. Around 11,000 people report to emergency rooms each year for treatment related to traumatic brain injury, according to the South Carolina Department of Health and Environmental Control. What Are the Symptoms of a TBI? TBI cases are difficult because they can result in a wide range of symptoms, and the specific symptoms you experience may be related to the severity of the injury. All traumatic brain injury cases are unique. Here are some of the symptoms you may be able to expect from mild traumatic brain injury cases vs. moderate to severe TBIs. Mild TBI Mild traumatic brain injuries may present physical, sensory, and cognitive or mental health symptoms. A few of these follow. Physical symptoms can include headaches, nausea and vomiting, drowsiness, speech issues, balance issues, and dizziness. Sensory issues may include blurry eyesight, a bad taste in the mouth, the loss of smell, or ringing in the ears. Mental health issues from a mild TBI can range from cognitive problems to behavioral issues and beyond. These may include loss of consciousness, disorientation, confusion, concentration and memory issues, depression, anxiety, sudden mood swings, and sleep disruption (either sleeping too much or not enough). Moderate to Severe TBI Like mild TBI, moderate to severe brain-related personal injury cases may include physical and mental health problems. Some of these include the following. Physical symptoms may include unconsciousness, a headache that will not go away, convulsions, seizures, vomiting, nausea, dilated pupils, fluid draining from the nose or ears, weakness in extremities, loss of coordination, or the inability to wake from sleep. Cognitive or mental health issues can include extreme confusion, marked personality changes, aggression, slurred speech, coma, difficulty recognizing family members, memory problems, and the inability to sleep. What Are the Most Common Causes of a Traumatic Brain Injury? The ways in which a person can experience a TBI are virtually limitless, but some causes are more common than others. Falls are the leading cause of brain injury in South Carolina, accounting for 35% of all reported incidents. Motor vehicle accidents come in a close second, accounting for 22%. Other common causes include being struck by an object (11%) and assault (10%). In South Carolina, you’re statistically more likely to die from a TBI if you’re young (20 to 34) or a white male. This condition doesn’t discriminate — anyone can struggle with its effects. Right now, there are 61,000 individuals living in the state with a permanent injury related to TBI. Common preventable accidents that lead to head and brain injuries include: Automobile, bicycle, and pedestrian accidents Blows to the head from falling objects Childbirth injuries Drowning Exposure to toxic substances Infection Physical violence Slip, trip, and fall accidents Sports-related injuries Strangulation These are just a few situations that result in traumatic brain injury and damage. There are hundreds of scenarios where another person may be responsible for causing someone else’s brain injury. Distracted drivers in car accidents, motorcycle accidents, truck accidents, or an incompetent obstetrician who fails to check an infant’s vital signs, for example, may be defendants in a brain injury case. Talk to a Charleston brain injury law firm for information about your particular incident. The traumatic brain injury lawyers at HawkLaw are ready to listen, provide legal advice, and fight for your right to fair compensation. Contact us today at 888-HAWKLAW or use our online contact form to schedule a free consultation.* How Long Does It Take to Recover From a Traumatic Brain Injury? Recovery time from a traumatic brain injury depends on the severity of the injury. It is very difficult to predict the recovery period, and some accident victims never recover from these types of serious injuries. For a basic concussion, most children and teens feel better within a couple of weeks. Some adults, however, suffer symptoms for weeks, months, or years after the incident. Injury victims need to rest and take it easy for the first few days to a week after a head injury. As the symptoms start to subside, you can attempt light activity. When symptoms are very mild and almost gone, you may resume moderate activity. When you can do all of your regular activities with no symptoms, you are recovered. Again, however, the specifics can vary by individual and injury severity, and these guidelines should be used only for informational purposes. Those who have symptoms that last for a long time may suffer from post-concussive syndrome. The possibility of developing this condition increases with each concussion after the first. What Are the Long-Term Effects of a TBI? Traumatic brain injuries can cause long-term and even lifelong effects requiring long-term medical care that can be very expensive. Long-term complications from a brain injury can involve issues with focus and cognition, communication problems, issues with comprehension, and even marked personality changes and depression. In severe cases, a brain injury can result in seizure disorders, an increased risk of developing conditions like Parkinson’s, Alzheimer’s, and epilepsy, and even the loss of sensation in limbs or complete paralysis. In fact, many of those who suffer such injuries end up back in the hospital with new symptoms up to a year or more after the initial injury. This is one reason why it is so important to have a law firm with multiple personal injury practice areas. A traumatic brain injury attorney oversees that the insurance company covers your injuries, both present and future. The Charleston brain injury attorneys at HawkLaw are ready to fight for you, and HawkLaw Fights to Win. Can I Sue Someone for Causing My Traumatic Brain Injury in South Carolina? Brain injuries can cause severe physical and mental incapacitation. A victim’s prognosis for recovery from a brain injury depends on the type of injury, the severity of the damage, and many other factors. Some patients may fully recover, while others will always live with some lingering symptoms. Victims of negligence-related accidents that result in brain injury have the right to file a claim against the party responsible. Filing a personal injury claim for a brain injury has the potential to result in compensation for past and future medical bills, the purchase of special equipment such as wheelchairs, physical pain and suffering, emotional distress, lost wages and earning capacity, and lost quality of life. What Compensation May I Collect for My TBI? The days and weeks following an accident can be confusing and stressful. If you or a loved one sustained a TBI or other head injury, you might be wondering how you’ll pay your medical bills and continued therapy expenses. Depending on the extent of the injury, you may miss long periods of work or be unable to return to your normal job duties. Brain injuries often require long-term care and in-home assistance. If you believe your injuries were someone else’s legal fault, you may be able to pursue a brain injury claim that will compensate for damages related to the accident. Our civil justice system exists to protect victims of accidents by offering financial relief. A personal injury claim can provide compensation for the following: Special damages such as therapy costs, medical bills, loss in earning capacity, and installing any needed accommodation (ramps, wider doorways, etc.) The intangible losses of an accident, such as loss in life quality, pain, and suffering How Long Do I Have to Sue for a TBI in South Carolina? Like most states, South Carolina has a statute of limitations for filing a personal injury lawsuit. A statute of limitations means you have a time limit during which you must file your case if you wish to be eligible for compensation. In South Carolina, this time limit is three years from the date of the accident or the date you discover the injury to file your lawsuit. In the case of wrongful death, you have three years from the date of death. Your South Carolina personal injury lawyer at HawkLaw can help you file your case on time as well as build a strong case, taking over communications with the insurance company and fighting for your rights every step of the way. Let our law firm handle your legal issues so you can focus on the important task of getting well again. We put our attorney-client relationships first, and we have testimonials from past clients to speak to our tenacity and care. We Will Take Care of Your Personal Injury Headaches at HawkLaw Speak to the experienced Charleston personal injury attorney team at HawkLaw about your individual case to learn more about the possible causes of your accident, the defendants, and your options moving forward. When recovering from a head or brain injury, you need an experienced and compassionate team at your side. We are located close to Charleston in Mt. Pleasant for easy accessibility. To get started on your case, call us today at 888-HAWKLAW or contact us online for a free case evaluation.* You can be assured that HawkLaw Fights to Win fair compensation for your injuries. ### Uber Accident Lawyer In Charleston Uber has become a major form of transport for many people, especially if buses or taxis aren't options. Unfortunately, like any drivers, Uber drivers may not always be driving safely. Many people suffer through serious accidents because of these drivers. If you were injured as a rideshare passenger or as someone whose vehicle was struck by an Uber, you have options for your recovery. At HawkLaw, PA, we understand that your recovery can be tough, which is why we offer guidance for those struggling with their Charleston vehicle accident claims. If you've been injured, a Charleston Uber accident lawyer may be able to help. Options for Injured Passengers When you're injured by an Uber driver, you may struggle with all the severe injuries of a car accident without knowing your rights as a passenger. You were injured while in the driver's care, and they may have caused the crash, so it sounds like Uber, their employer, should be responsible for the people they employ, right? Unfortunately, it may not be so simple. Instead, many rideshare companies like Lyft and Uber label themselves as app companies, making the drivers contractors or freelancers. That means you may not be able to easily sue the company. However, the driver should carry commercial driver insurance. That means that they’re insured as long as they’re in transit or looking for a passenger. Because of this, you could be covered for up to $1 million for the injuries you’ve suffered. Your Compensation after an Uber Accident When you’re hurt by an Uber driver in Charleston, it’s important to seek your full compensation. If you’re not sure what your claim is worth, it’s easy to be left with compensation that simply doesn’t cover all your losses from the accident, also called damages. These damages should cover both your financial and non-financial losses. That means that you should be looking not just at the bills that have accrued because of the rideshare accident but also at the trauma and suffering you’ve been through because of it. Your lawyer should have the tools you need to calculate your compensation. If you’re struggling with the costs and losses in the wake of your Uber accident, reach out to a lawyer for help seeking compensation for the following damages, among others: Medical costs Lost income Household services Loss of enjoyment of life Pain and suffering Contact an Uber Crash Attorney in Charleston If you’ve been injured in an Uber wreck, you might be unsure where to start with your Charleston claim. You’re injured, and now you’re unsure who’s at fault for your suffering. Understanding who’s at fault and what your accident claim is worth are both vital pieces of information. Fortunately, a lawyer from HawkLaw, PA can help. If you’re struggling with your claim, we offer free consultations* so you know what to expect from your claim. Your Charleston Uber, Lyft or other rideshare accident lawyer may be able to untangle your claim once you call 1-888-HAWK-LAW (429-5529) or complete the online form below. ### Lyft Accident Lawyer Charleston Rideshare companies like Lyft have become a regular feature for residents of many cities, including Charleston. It can be an easy option for those trying to get across town or just to work and back. Unfortunately, that doesn't mean it’s always a safe option. If you've been injured because of a Lyft driver, you may have an opportunity for a lawsuit. Getting a lawyer like the ones from HawkLaw, PA may help you recover the compensation you’re qualified for, and speaking to a Charleston Lyft accident lawyer can help you get started with your claim. Getting Coverage for Lyft Accidents When you’re injured by a Lyft driver, you may need to seek compensation from the appropriate party. Unfortunately, it can be difficult to determine who the responsible party is. In some cases, it may be another driver, a car parts manufacturer, or even the Department of Transportation, in cases of road defects. However, if a Lyft driver caused the accident, you may be unsure who’s responsible for your losses. In many cases, employers are responsible for their employees, but that’s not the case for many rideshare companies like Uber and Lyft. Instead, they may avoid responsibility by positioning themselves as app developers and the drivers as self-employed people. Fortunately, most rideshare drivers are required to carry insurance that covers those injured in the course of their job. For example, if you were injured during a ride, their insurance policy may cover your injuries in Charleston, up to $1 million per accident. Compensation for Charleston Residents in Lyft Crashes When you’re injured by a careless driver, it’s important to take the right steps for a full recovery. Your attorney can help you calculate the worth of your injury claim and pursue the compensation you’re eligible for. First, you might be concerned about your economic damages. These losses are the financial aspects of your claim, like your medical bills and loss of income. Typically, these losses are simply added up for your claim. You’ll also need compensation for your emotional and mental losses. These losses are intangible, which means they don’t have a specific price tag like your economic damages. Instead, you may need tools from your Charleston lawyer that can help you calculate the worth of these damages. These losses may include pain and suffering, emotional trauma, loss of enjoyment of life, and more. Speak to Your Charleston Lawyer about Your Lyft Accident A Lyft accident can leave you struggling with your injuries, which make it tough to file a lawsuit after your rideshare crash. Worse, you might struggle to understand who’s at fault for your losses. In these cases, you may need a lawyer from HawkLaw, PA on your side. Our attorneys understand how complex these cases can be. You may not be dealing with the same laws that you would with other transport options, like taxis or buses, so it’s important to understand where your claim differs. That’s why we offer free consultations* where we can discuss your claim and what we can do to help. Reach out to a Charleston Lyft accident lawyer for help. Begin by calling 1-888-HAWK-LAW (429-5529) or by filling out the online form below.  Hawklaw, P.A. also has Lyft accident attorneys across the state of South Carolina including Columbia and Greenville. ### Workers Comp Denial Lawyer Charleston Work accidents happen, and they can leave you struggling to recover. Workers comp benefits should help ease these troubles, giving you the compensation you need to recover and get back to work. Unfortunately, you might be facing a denial letter right now and feeling despair over your situation. That doesn’t mean, however, that you can’t recover. You’ll have a chance to appeal, and a Charleston workers comp denial lawyer from HawkLaw, PA can help you attempt to turn that denial into an approval. They can help you in your efforts to get the work comp benefits you need for a full recovery. Reasons for Work Comp Denials When you receive your work comp denial, you’ll need to know what your reason for denial was before you begin. That way, you know what you’re defending yourself against and what evidence you’ll need for your appeal. Your denial reason should be listed on your denial letter. You may see one of the following reasons you didn’t receive compensation: Lack of Evidence of Injury – When you’re injured, they’ll expect evidence that you’re too injured to work. If your doctor wasn’t clear about the severity of your injuries, or if the tests weren’t conclusive, you may be denied. Disputes on Accident Location – In some cases, the insurance company may dispute when and where the accident happened. If they believe the accident didn’t happen on the clock, they may deny your claim. Missed Time Limits – You’ll have a limited time to file your workers comp claim in Charleston. Unfortunately, if you don’t act in time, they may claim that you’re ineligible for compensation. Appealing Your Work Compensation Denial When you've found the reason for your denial, you'll need to gather your evidence and prepare to appeal your claim. Typically, your first option will be an informal meeting with your employer and their insurer. In many cases, you'll simply need to present your claim to the insurance company and your employer to clear up the disputes. They'll review your case, and you'll present the additional evidence that shows you need your workers comp benefits. If they reassess your claim, that may be the end of your appeal. You'll receive your benefits, in this case. If they still deny you, you may need to take your claim to the Worker’s Compensation Commission. Your lawyer will present your claim during a hearing, and the South Carolina workers compensation commissioner will review your situation. They'll then decide whether you should receive workers' comp benefits. Talk to a Work Comp Denial Lawyer in Charleston If you’re having difficulty getting the workers comp benefits you need in Charleston, South Carolina, it may be time to speak to a lawyer from HawkLaw, PA about your denial. We’ll help, starting with a free consultation*, so you can focus on your recovery, not on fighting for your compensation. If you’re struggling with your work comp claim, reach out to a Charleston workers comp denial lawyer. Our firm can be reached by calling 1-888-HAWK-LAW (429-5529) or by filling out the online form below, so reach out soon to see what can be done about your compensation.