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Bamberg South Carolina Personal Injury (1)
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Personal Injury (122)
Personal injury Claims and General knowledge
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ADMINISTERING AN ESTATE AS PERSONAL REPRESENTATIVE (WITH OR WITHOUT AN ESTATE LAWYER) Losing a loved one can be one of the most challenging events in life. In addition to the emotional pain of the loss, the person closest to the dearly departed is usually the one who must administer the Estate. With all the grief involved with the loss, the task of inventorying, appraising, safekeeping, and finally distributing the Estate can bring a great deal of trepidation. Personal Representatives, or those charged with Estate administration, are accountable for all the legal requirements involved, and to the beneficiaries of the Estate. Though many in Orangeburg SC will hire an Estate lawyer to handle the legal technicalities, it is still important to know the basic requirements of administration in order to ensure things are done correctly. Within a few days after the loved one has passed, the person designated by Last Will and Testament as Personal Representative should probate the Will and request appointment as Personal Representative (PR). If there is no Will, the person closest to the dearly departed should file in intestacy and request appointment as PR. In either case, the County Probate Judge) of the residence of the dearly departed) must order the PR appointment. Other interested parties can contest that appointment, though if the PR is designated in the Will it is highly likely the Judge will appoint. In intestacy, the surviving spouse has priority, followed by children (children would have equal rights, and each may be appointed). After the PR appointment, the next step is for the PR to inform heirs and devisees of the Estate (heirs are those who would take in intestacy, and devisees are those designated as beneficiaries by the Will) and to begin the Inventory and Appraisement of the Estate (which must be completed within 90 days of appointment as PR) and notice must go out to creditors. Creditors have eight months to make a claim on the Estate, or they lose the right to come back. This means the Estate must remain open for eight months from the notice to give time for the creditor period to pass. Once the creditor period has passed, the Estate Lawyer (or PR without a lawyer) will begin to close the Estate. This is the part that can become a bit complex and must be done correctly to allow for Probate to close the Estate without liability against the PR. There must be a Deed of Distribution executed and registered with the Registry of Deeds for any Real Property of the estate. This allows for a chain of title from the dearly departed to the devisee(s) of the Real Property. The PR must account to the penny for all money and other assets that came in the Estate, and were then redistributed by the PR. The PR must also account for expenses he paid for the Estate, and up to a 5% PR fee (5% of the gross value of the Estate) that the PR can claim for himself. He must sign a proof of delivery that he has mailed the Accounting, Application for closing, Amended Inventory and Appraisement, and a Notice of Right to Hearing to all heirs and devisees of the Estate. That gives them notice they have 30 days to contest the accounting or any other closing document. At this point, the PR or the PR lawyer takes the Estate closing packet: Application for Settlement, Deed of distribution (if applicable), Accounting, Proof of Delivery, Notice of Right to Hearing, Amended Inventory and Appraisement (normally, there will be modifications to the initial). After 30 days, assuming no request for hearing to contest the closing, the Probate Judge will sign an order closing the estate. If assets have not already been distributed, they are distributed with a Receipt and Release With Waiver. Thus closing out the Estate. Estate Lawyers in South Carolina will be doing all the above, and they can be paid as an expense of the Estate from Estate funds. In some cases, houses and other real property may be sold during the administration, causing delays. However, it is important that the PR supervise the process and understand they are personally liable and accountable for the Estate. With the basic information, PRs should be able to understand the process and ensure their loved one's wishes are honored.
If you need an Estate Lawyer in Orangeburg South Carolina call The Bill Connor Law Firm Today!
Incidents involving personal injury usually come without warning, and what happens right after can be a nightmare to those who are hurt. In some cases, the injury is severe enough to cause unconsciousness. In that event, the person hurt might wake up in medical treatment away from the scene of the accident. Most commonly, the person hurt is conscious but in some level of shock after the crash. Decisions made in the immediate aftermath can have later wide-ranging consequences when it comes to redressing for the damage caused by the incident. That is the purpose of this article: Knowing what to do and thinking about what to do after personal injury in Bamberg Sc. The first priority after an accident must be safety and immediate care of those affected. The critical thing to remember during this time is, In Bamber South Carolina, any admission of fault can and will be part of the record in the event of a legal conflict. Typically, "hearsay" testimony is not allowed in court, but an exception is for the admission of a party. Anyone who has heard an admission can testify about that admission and it can be the evidence that determines the case. With any accident involving personal injury, A person might feel sorry for what happened and even think they are to blame. However, in the emotion-filled moments after accidents parties are generally not thinking clearly or know all the facts. On an objective reflection with the facts, a person may discover they are not at all at fault or less at fault than the other people involved. If the other party admits guilt, it is important to note. The other priority after an accident in Bamberg South Carolina is ensuring an accident report memorializes the accident. Wait for law enforcement to arrive and record the accident, and take the time to speak to the officer if at all possible. Note the witnesses to the accident and attempt to learn their identity if possible. If EMS has evacuated before the arrival of law enforcement, ensure you speak to the officer at the earliest opportunity. That includes in the Emergency Room if necessary. Note potential evidence beyond witnesses that may be used to help prove what happened. For example, almost all modern vehicles will have a so-called "black box" data recorder which provides a great deal of evidence of what happened: Speed of the cars at impact, the angle of impact, etc. In some incidents, the accident may have taken place under the observation of a surveillance camera. This could be the case if it was inside or near a business. Use discretion in what is said, ensure the accident is correctly memorialized with your input, note and remember witnesses, know about other evidence like black boxes and videos. Be sure to secure a thorough medical exam in the immediate aftermath to note all injuries immediately after the incident (to prove the connection to the accident). All of these things should be considered before an incident to guarantee the proper actions after an accident. Bill Connor is a Personal Injury Attorney serving Bamberg and all of South Carolina, if you have been involved in an accident contact the Bill Connor Law Firm Today.
First, it's important to understand that when a service member is off-duty and off post and without government vehicle(s) or equipment, they have the same rights and procedures as other civilians. If injured by the negligence (or intention) of another, the service member can bring suit in a civilian court. For South Carolina and many states, the jurisdiction will be in either the county of the accident/incident or the county of residence of the defendant. Though the service member can bring suit himself, he should consider retaining a lawyer in that jurisdiction to bring suit. The one nuance of being in the military while bringing suit is protection from hearings and a stay of the case if/when the service member is deployed (or in the case of the RC being activated on military orders, like for a hurricane). Otherwise, the process is the same as with civilians. A unique issue with military members is when they are either in an active drill status or on orders with the RC when they are injured. First, on drill status, the service member can be covered by military health coverage for injuries including personal injury. This is the same when on orders for Annual Training (AT) or a mobilization. The military may require a Line of Duty (LOD) investigation to determine if the injury was within duty, including travel in a personal vehicle to or from duty. The active duty service member always has access to military health coverage. As with other insurance carriers and Medicare/Medicaid, the government may assert a lien if the case is resolved and recoup a small amount of money for health coverage. If the personal injury involves a government entity, particularly in the event of an injury on post, a service member family member still may have rights to sue. However, it is important to note that bringing suit against a government entity is more challenging based on protections. Additionally, the service member does typically not have the right to sue under duty situations involving government entities. An example of the situation is when a family member is injured in a slip and fall, in an on-post facility like a post exchange. That case would be brought in Federal Court being on a military reservation. There are other unique situations for the service member on active duty being injured by another party. If the injury occurs off-post and caused by a civilian, the normal right to sue applies, and jurisdiction would be sought as when off-duty. The key difference would come with the military requirement of investigation and reporting procedures. Additionally, if the accident occurs while on duty in military property (vehicle, etc.), the civilian involved would have recourse against the military under the Federal Tort Claims Act. That is in the event the person claimed negligence on the part of the service member. Situations can vary, so it is always a good idea to seek the counsel of a local attorney. Though service member has access to JAG attorneys for legal help, it's important to know that the JAGs may or may not be licensed in the state of the accident. They are only required to be licensed in "a" state but can give opinions about states of the base they are stationed and other states. Since state law varies by state, it is safer to seek the advice of a lawyer licensed in that state. Hopefully, this gives service members a bit of information to help. I want to thank you for your sacrifices and service on behalf of our great nation.
Having served as an Army officer for almost 3 decades (about half on active duty and half reserve component), and having grown up in a military family, I care deeply about service members. Like everyone, those in the military face the possibility of being injured by another party in the course of life. Unlike civilians, however, those in the military can fall into unique legal positions based on when and how the personal injury occurred. The legal position could be one of effecting the ability to bring suit, but can also affect the way the injury is resolved. This article is for service members, and particularly those serving in the Reserve Component (RC) of National Guard and Reserves.
If you are in need of Personal Injury Attorney call The Bill Connor law Firm TODAY
Accidents involving personal injury usually come without warning, and what happens right after can be a whirlwind to those who are hurt. In some cases, the injury is bad enough to cause unconsciousness. In that event, the person hurt might wake up in medical treatment away from the scene of the accident. Usually, the person hurt is conscious but in some level of shock after the accident. Decisions made in the immediate aftermath can have later wide-ranging consequences when it comes to redressing for the damage caused by the accident. That is the purpose of this article: Knowing what to do, and thinking about what to do after personal injury. The first priority after an accident must be safety and immediate care of those involved. The important thing to remember during this time is, In South Carolina, any admission of fault can and will be part of the record in the event of a legal dispute. Normally, "hearsay" testimony is not allowed in court but an exception is for the admission of a party. Anyone who has heard an admission can testify about that admission and it can be the evidence that determines the case. With any accident involving personal injury, A person might feel sorry for what happened and even think they are at fault. However, in the emotion-filled moments after an accident parties are not normally thinking clearly or possess all the facts. On an objective reflection with the facts a party may discover they are not at all at fault, or less at fault than the other party. If the other party admits fault, it is important to note. The other priority after an accident in South Carolina is ensuring an accident report memorializes the incident. Wait for law enforcement to arrive and record the accident, and take the time to speak to the officer if that is possible. Note the witnesses to the accident and attempt to learn their identity if possible. If EMS has evacuated before the arrival of law enforcement, ensure you speak to the officer at the first opportunity. That includes in the Emergency Room if possible. Note potential evidence beyond witnesses that may be used to help prove what happened. For example, almost all modern vehicles will have a so-called "black box" data recorder which provides a great deal of evidence of what happened: Speed of the vehicles at impact, angle of impact, etc. In some cases, the accident may have taken place under the observation of a video camera. This can be the case if it was inside or near a business. Using discretion in what is said, ensuring accident is properly memorialized with your input, noting and remembering witnesses, knowing about other evidence like black boxes and videos. Ensuring a thorough medical exam in the immediate aftermath to note all injuries immediately after the accident (to prove the connection to the accident). All of these things should be reflected before an accident to ensure the right actions after an accident. Bill Connor is a Personal Injury Attorney in Orangeburg South Carolina. If you have been involved in an accident contact the Bill Connor Law Firm Today.
You are stopped in traffic, and suddenly your world is turned upside when a vehicle hits you from behind. You saw the car coming for a split second in your rear-view mirror just before impact and adrenaline is racing through your body as the impact take place and everything is jolted and damaged. After the accident, you still have the adrenaline racing through your body and your mind exhibits confusion as to what happened. This is a critical time for a number of reasons, and something that must have been thought through with a plan of action before it happens for real. In terms of legal protection and security, the actions taken shortly after an accident are critical and can have lifetime effects. The first thing to remember after an accident, whether a rear-end collision or another type of high impact collision, is that the adrenaline rush that takes place in the moments before, during and after the accident can hide injuries and cause some confusion. I have been rear-ended, and have also been in a combat situation in which adrenaline flooded my system. It is a normal human reaction when life is threatened and the "fight or flight" response kicks in. Crucially, the adrenaline can hide the pain of serious injury for hours or days. That's why it's important to always be cautious in moving after an accident and always getting medical checks after an accident. You may not feel the pain of serious injury, but it can exist and the pain will set in sometime later. In terms of legal protection (legal protection in both defending a lawsuit and the ability to seek legal redress for damages associated with an accident), getting medical checks immediately after the accident is critical and can make or break a future lawsuit. Attempting to "tough it out" and wait possibly days before receiving medical checks can kill the ability to bring a suit. The longer the gap between the accident and medical care, the harder it can be to prove the injury is associated with the accident. A day or more of a gap leaves the potential for the claim of an intermediate accident as the cause of the injuries. Additionally, the type of injuries found immediately after the accident can help prove the liability, particularly in the later attempts to reconstruct the accident. The next thing to consider is quickly noting and obtaining evidence to help prove the liability is with the other driver. Even while quickly seeking medical attention, it's important to try to note any potential witnesses. It's also important to note and seek to obtain potential video evidence (for example, school buses normally have cameras facing the back of the bus and can sometimes allow a camera recording of an accident behind the bus. Officers now wear body cams, and this is important to note for evidence. Lastly, statements which can be construed as an admission of liability by the other driver are an exception to the hearsay rule and can be testified by anyone who hears the driver make the admission. Lastly, it's important not to make any admissions at the scene of the accident or any statements which can be construed as an admission. Those types of statements can be testified about by others who heard the statement as party admissions are an exception to hearsay rules. The problem can be that a party is confused from the adrenaline and doesn't realize he is not at fault and makes a statement construed as an admission. That can be enough evidence for the other side to win a suit, even when actually liable. It's important to speak with the law enforcement officer drafting the accident report, but understand that report cannot come in as evidence unless the officer is a certified accident reconstructionist and testifying as an expert. That would be extremely rare. Unless the officer is a witness to the accident, he would not be able to testify at trial to anything beyond what he actually saw and without opinion. It is still important to speak to the officer and provide detail, as the report can be used by insurance companies to determine settlement. The key is to think about what must be done after an accident before an accident takes place. Hopefully, it will never happen, but if it does you will already have much information most do not. When the initial medical treatment is complete, I would recommend looking for an attorney you trust to get on top of the case. He will be quite happy if you have followed my above advice, then it's time to follow his advice. Sola fide,
Bill
The term "personal injury" can have different meanings depending on the context. In the context of lawsuits, personal injury means those damages which an injured party or parties will bring against the party who caused the injury. Within damages in a lawsuit, it is distinguished from property damage which may have occurred during the same incident or accident. Closely connected to personal injury, and brought as damages with personal injury, are personal damages like lost wages. The first question someone should ask when they are injured by the seeming negligence of another is: Should I bring a lawsuit and what should I reasonably expect from the lawsuit? In determining whether or not to take the steps toward bringing a lawsuit, which would normally begin with a demand letter and attempt to settle before filing, is the reasonable chance of winning in court. You must be able to show the negligence of the offending party or parties (Note: I have written a separate article about negligence which explains the elements you must prove). Regardless of the truth about what occurred during the accident or incident, what matters most is the evidence which could go before a jury. Did the other side make an admission? How many and how credible are witnesses? What does the physical evidence show? All these factors must be analyzed to ensure the case has the potential for winning in front of a jury (Note: I have also written about the importance of venue, where you can seek venue, and factors about venue which plan in the decision). After determining the reasonable chance of success, the next evaluation is the reasonable amount to be expected in settlement and/or jury verdict. In some cases, the monetary damages expected may be so low it is not worth it to pay the costs associated with bringing suit. With personal injury, the first analysis is on the total medical bills associated with the injury. If EMS and emergency evaluation/treatment is involved, the bill for those medical services is likely to be over $3,000.00. Those are usually the most uncontested bills, as seeking treatment in the Emergency Room is normally considered reasonable regardless of the accident. In determining the potential jury verdict, the actual bill from the hospital is what must be considered as the damages. Not what was paid by the insurance company or patient co-pays. Your insurance company may have paid only a fraction of the bill, but that insurance information will not go before a jury. Only the medical bills. Further treatment recommended by the ER, like seeing a primary care provider, is normally accepted as reasonable. Unusual treatment, like chiropractic treatment in some circumstances, can be questioned. Treatment which evidence/records proves connected to a pre-existing injury can be contested. This is an issue in which expert testimony may be required in bringing suit, but worth it is the liability appears clear and the damages are substantial. Beyond straight medical bills, pain and suffering, and future partial or permanent disability are more subjective damages, but damages the jury will be expected to consider in the overall verdict. Lost wages, loss of future earning capabilities, loss of enjoyment of certain things due to the injury are also damages connected with personal injury the jury would consider. Different venues offer different average jury verdicts, so studying the venue and prior verdicts is important to evaluating the value of the case. As a rule of thumb in many venues, assuming no substantial future damages and/or substantial injuries like broken bones, the total damage award can be expected at 2-3 times the overall medical bill. The reason it goes well beyond the medical bills is compensation for pain and suffering associated with the injury. The amount can be substantially more if the injury is significant and involves futures. Again, each venue is different, so it's important to study the venue and consider all medical damages and future issues. In some cases, psychological injury comes into play due to the nature of the injury. Additionally, spouses can claim damages for "loss of consortium" due to the accident. These are damages the spouse suffers due to what has happened to their loved one. Note: Loss of consortium goes beyond the sexual into all the things spouses do for each other. It is always best to seek legal representation (note: I have written about contingency fee agreement for those bringing lawsuits), and best to get your lawyer to provide detailed analysis. However, with these basics of information, you will be in the position to better understand whether to sue and what to expect.
For many, being hurt on the job is something unexpected. With all the various safety requirements, it seems as though it just couldn't happen. Most expect the possibility of being hurt in a vehicle accident of something similar, and know the basics of what to do in the event of that type of injury. However, being hurt on the job is something unique, and the normal legal remedies available are unique and must be understood before the injury (Note: though states have similar laws for workers compensation, I write this article as an attorney licensed in South Carolina, and by SC law). First, in most work situations the employer will have workers compensation insurance. In fact if the employer has four or more employees he is legally required to have workers compensation benefits for employee. Under workers compensation law, an injured worker (for an injury sustained on the job) with workers compensation benefits is required to seek workers compensation benefits against his employer regardless of the fault of the employer in causing the injury. Workers compensation is a "no fault" insurance program. This means it does not matter whether or not the employer is liable for the injury, he is required to take care of the medical needs of the worker associated with the injury. Workers compensation benefits include medical compensation benefits and temporary partial disability payments while the worker is unable to work. When the respective worker is brought to "maximum medical improvement", workers compensation provides a lump sum amount to compensate for future medical issues and problem. In the event the employer did not have workers compensation, in violation of state law, the worker will still receive benefits through a state fund, and the state will go after the employer for recoupment. In some cases, the worker may have further recourse beyond workers compensation for injuries sustained on the job. If another party or corporation, beyond the employer providing workers compensation is responsible for the injury, the worker can sue the other party after resolving the workers compensation. For example if an employee is injured partly due to equipment malfunction of another corporation providing equipment for the employer causes injury the employee can sue the equipment provider after workers compensation benefits. Another legally related issue with being injured on the job can be discrimination and/or termination due to the injury. Being injured usually puts the employee under the protections of the Americans with Disabilities Act protections. This generally requires reasonable accommodations for those with disabilities, which include disabilities due to injury. It also prohibits discrimination due to disability, including disability due to injury. If an employer were to fire an employee due to the injury, the employer could be found to have violated the ADA. In that event, the employer could face substantial monetary penalties to the employee. Employers should be very careful about taking any kind of action against employees who are injured and must allow for reasonable treatment and rights under the Family Medical Leave Act. Though an on the job injury can be tough, having a plan to handle it makes all the difference in the world.
Finding an attorney to assist after a job related injury is beyond wise. The attorney can help navigate not only the nuances of workers compensation, but understand the fine points of bringing a separate lawsuit against other parties. In the event of workplace discrimination due to an injury, the attorney will know the lines the employer has crossed in violation of Federal and/or State law.
