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Bamberg South Carolina Personal Injury (1)
law related articles: Car accidents, Slip and fall, Hurt on the job...
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Personal Injury (122)
Personal injury Claims and General knowledge
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When it comes to divorce in South Carolina, divorce can be granted on the no-fault ground of one-year continuous separation or fault grounds of either adultery, physical abuse, or habitual drug or alcohol abuse. One spouse must prove that the marriage is irretrievably broken by showing that the couple has lived separately and apart for a certain period of time or that one spouse has committed adultery. Once a divorce has been granted, the court will divide the couple's property and assets in an equitable manner, taking into account factors such as the length of the marriage, earning potential of each spouse, and needs of any children involved.
Child custody is a significant and contentious aspect of family law in South Carolina.
In determining child custody, the court will consider the child's best interests, including factors such as their age, health, and well-being, as well as their relationship with each parent. South Carolina recognizes two types of child custody: legal custody, which refers to the right to make decisions about the child's upbringing, and physical custody, which refers to where the child will live and who will be responsible for their day-to-day care.
Child support is another critical aspect of family law in South Carolina. The court will order one parent to pay child support to the other parent to help cover the costs of raising the child. The amount of child support is determined by various factors, including each parent's income, the number of children involved, and the cost of living in the area.
Domestic violence is a severe issue in South Carolina, and the state has laws in place to protect victims and hold perpetrators accountable. Victims of domestic violence can seek a restraining order, also known as a protective order, to keep the abuser away from them and their children. The court can also order the abuser to leave the home, attend counseling or treatment, and pay for the victim's medical expenses or lost wages. If the abuser violates the protective order, they can be charged with a criminal offense.
In summary, family law in South Carolina covers a wide range of legal issues that affect families. It is important for individuals to understand their rights and options under South Carolina law and to seek legal representation if they are facing any of these issues.
Hiring a personal injury lawyer can be a daunting task, especially if you have never had to go through the process before. There are many things to consider when selecting an attorney to represent you in a personal injury case, and it is important to take the time to do your research and make an informed decision. In this article, we will discuss some of the key factors to consider when hiring a personal injury lawyer.
First and foremost, you should look for an attorney who has experience handling cases similar to yours. Personal injury law is a broad field, and attorneys may specialize in different areas such as car accidents, slip and falls, medical malpractice, and more. It is important to find an attorney who has experience in your specific area of need, as they will be better equipped to handle the unique challenges and complexities of your case. You should also consider the attorney's track record of success. While it is not uncommon for personal injury cases to go to trial, most are ultimately resolved through settlement. An attorney with a strong track record of successful settlements can be a valuable asset in helping you secure the compensation you deserve. Be sure to ask about the attorney's past case results and their approach to settlement negotiations.
Another important factor to consider is the attorney's reputation within the legal community. Look for an attorney who is well-respected by their peers and has a good reputation for ethical behavior and professionalism. You can often find this information by asking for references or by checking with your local bar association.
In addition to these factors, you should also consider the attorney's availability and willingness to communicate with you. It is important to have an attorney who is responsive to your needs and is willing to keep you informed about the progress of your case. You should also consider the attorney's fees and billing practices, as well as their level of accessibility and willingness, to answer your questions.
Finally, you should trust your instincts and choose an attorney who you feel comfortable working with. Personal injury cases can be emotionally and financially taxing, and it is important to have an attorney who is compassionate and understanding. In summary, hiring a personal injury lawyer in Orangeburg, South Carolina, is a significant decision that requires careful consideration. By doing your research and considering factors such as experience, track record, reputation, and communication, you can choose an attorney who is well-suited to help you achieve the best possible outcome for your case.
In many cases of an accident involving clear liability and personal injury, parties are able to settle prior to the injured party filing suit. Usually, settlement negotiations are between the hurt party and the insurance carrier of the at-fault party. If the accident was a car wreck, and the at-fault party was not insured, normally the injured party’s uninsured motorist coverage will settle to cover the damages sustained (hint: Always request uninsured motorist coverage, as it is optional). Even if cases don’t settle prior to filing suit, they will still settle during the litigation process as parties get more information about the valuation of the case during discovery. Before going to trial in South Carolina under most circumstances involving injury, parties must attempt mediation before trial. Few cases actually go to trial, but it’s critical to understand what to expect at trial as a party to a lawsuit.
First, it’s important to understand the sequence of events at trial. The trial will start with lawyers in front of the judge making arguments about what happens at trial (motions to limit what the other party can present to a jury, jury instructions, etc.). Then the parties pick a jury, which will involve both the parties and their lawyers deciding which jurors to be struck and which to allow to be seated (each side has a specific number of “strikes” and can also argue for striking jurors for cause like potential bias). It’s very important to pay close attention to information about the jurors in trying to determine which potential jurors would be best on the jury panel, and know that parties, not lawyers, have the final determination. Then comes opening arguments by each party’s lawyer (Plaintiff bringing the case is generally first), in which the lawyer tells the jurors what evidence will be presented and how that evidence helps prove the case by the relevant law. Then lawyers will present respective case to the jurors, starting with the Plaintiff's attorney. This involves calling all witnesses, including parties, and going through direct examination by asking questions and authenticating evidence (documents, pictures, etc.) that will go to the jury, then allowing for the opposing side to cross-examine witnesses. Finally, lawyers end their case with closing arguments, in which they remind juries of the evidence and testimony, and why they must deliver a verdict for their respective client.
During trial, including while the lawyer is making arguments to the judge and jury and questioning witnesses, it’s important for the party to remain actively involved in the process. Decisions about striking jurors are crucial and involve the party. Parties should help provide lawyers with questions they should consider asking on cross-examination of witnesses after watching the direct examination. In many cases, the parties know a witness personally and understand them better. Parties also know the details of their own case best, like what happened during the accident or the actual treatment performed, and are in a position to provide critical input to lawyers. Additionally, parties can watch jurors while lawyers are busy and can pick up on body language that might be helpful to lawyers. They may catch a juror falling asleep, or even come to knowledge of why a juror should be dismissed. Finally, parties should be able to help the lawyer to think about how to best present closing arguments.
The parties must live with the final result of the trial, the verdict, and have the greatest stake in that verdict. The lawyers will move on to other cases (potentially file an appeal). The party at trial is must be involved throughout the process and know they did everything possible to bring the best result.
After an accident, whether car wreck or any other incident which causes injury, the first part of the legal analysis is whether a party is liable to the injured party. Assuming the evidence is reasonably strong enough to convince a jury of the liability of the party causing the injury, the next part of the analysis is damages. In assessing damages, it’s important to analyze the evidence showing the connection between the alleged damages and the liability, which is not always as simple as it might seem. Then it’s critical to reasonably calculate the dollar amount of those damages as part of the assessment before bringing suit. Determining damages is one of the most important aspects of assessing a case before attempting to resolve the matter by settlement or Jury verdict. Let me explain.
First, in assessing injuries from an accident, the key is the evidence injuries were caused by the accident and not preexisting or incurred after the accident. When cases are in litigation, the Defendant’s attorneys will obtain all medical records of the Plaintiff and will be attempting to prove injuries were preexisting. Additionally, if the injuries are not assessed and memorialized in medical notes after the accident, the Defendant will try claiming the injuries happened afterwards. That’s a reason it’s so important to get evaluated for injuries right after an accident. The longer the time in between the accident and evaluation, the stronger the argument to disconnect the injury from the accident. Additionally, waiting for evaluation can become an argument the injuries were not serious and did not involve substantial pain and suffering.
It’s important to note that by the “eggshell Plaintiff rule” injuries exacerbated by a prior condition are still compensable damages to the extent of the injuries, even though the injuries may not have occurred or been substantially less without the condition. For example, a Plaintiff who has been diagnosed with a condition causing brittle bones would still be compensated for all broken bones even though the accident would not have caused broken bones without the condition. Additionally, if the injuries are exacerbated by something done by those treating the injury (for example, ER treatment after the accident) those exacerbations are still connected and compensable.
The courts follow the rule of “Proximate Cause” for connecting the liability of a party to damages caused, which means that not all consequential effects of that liability are compensable damages. The rule is that the damages must be reasonably foreseeable damages. In cases involving car wrecks, this is usually not an issue as the personal injury and property damages will almost always be considered foreseeable. In a famous case that brought the rule of Proximate Cause, agents of a Railroad pushed a man on a train and in doing caused him to drop fireworks which consequentially caused a clock to fall on a woman in a different part of the train station. The court determined that even though the woman’s injuries were a consequence of the negligence of the Railroad agents, they were not something reasonably foreseeable. I have dealt with this issue in cases involving damages going well beyond lost wages and injuries. For example, claiming damages from an eviction with the allegation of not being able to pay rent from lost wages due to an injury. That would be an example of consequential damages which would not be reasonably foreseeable and therefore not the Proximate Cause.
Assessing damages is something lawyers are trained to do, and tough to fully understand for non-lawyers. It’s important to understand the nuances and rules and work with your lawyer to the best result.
For different reasons, a probate case may involve a personal injury claim of the person who died and who’s estate is being probated. Sometimes, it is due to an injury involving the liability of another party which killed the person, either immediately or after a time of pain and suffering. Other times it is due to a person being injured due to the liability of another and that injured person dying during the litigation process (whether by the injury at the heart of the lawsuit or by any other reason). When a Personal Representative is probating the estate of someone who died (decedent) with a personal injury claim, it’s important to understand how that process works within the probating of the estate. Let me explain.
First, it’s important to understand that South Carolina Law states that the Personal Representative (person appointed to Probate a decedent’s estate) has the duty to continue a personal injury lawsuit started before the death on behalf of the decedent, or even to bring a lawsuit on behalf of the decedent for injuries which caused his death. If the person dies during litigation of a personal injury matter, the Personal Representative (PR) will usually work with the lawyer(s) bringing the suit against the liability party. The litigation process remains the same, though in practice suits will usually settle at this point. If not, the suit continues with the PR acting as the Plaintiff, including making the decisions about litigation and settlement and strategy. When a settlement or jury verdict resolves the case, the proceeds of the case go into the Estate to be divided to the beneficiaries of the decedent’s will or intestate beneficiaries. The PR has the duty to work with the attorneys through resolving the matter, and this can include a separate hearing for approval of any settlement by a judge.
In the case of someone dying from the liability of another in South Carolina, the PR has the duty to bring a suit (or seek a negotiated settlement) for the pain and suffering the decedent suffered before death. This is called a “survival action”. Other family members can bring separate actions for what damages the death caused them. For example, if the decedent is a breadwinner of a family and is killed by the liability of another, the spouse and children can bring a “wrongful death” action for the loss of money (and other losses) from the death of the breadwinner and caregiver. Usually, the same people who can bring action under wrongful death will also receive the proceeds of a survival action, as they are usually the beneficiaries by Will and/or intestate proceedings.
The PR will generally have attorney assistance for probating an Estate, but will need to understand and follow and prosecute personal injury cases while probating an Estate. It’s all part of the duty to the person who died, and ensuring rights are vindicated even after death.
If you are in need of an attorney to assist in matters of probate and or personal injury cases in South Carolina, please contact the Bill Connor Law Firm, we are here to help.
When bringing a lawsuit for a personal injury matter, it’s important to understand the role of discovery. Normally, after an accident and injury, your lawyer will attempt to negotiate a pre-suit settlement, particularly if the evidence of the liability of the other side is clear. If the settlement negotiations don’t work, the next step is the filing of a lawsuit. If you were hurt by the negligence of another, your lawyer will file and serve a Complaint on the liable party. Then the liable party (normally the lawyer hired by the liable party’s insurance carrier) will serve an answer back to you. It is at this point that discovery starts and can become the most important part of the litigation process.
Quite simply, discovery is the process in which parties gather information from the other side about the case. This process involves “Interrogatories” (questions), “Request for Production” (demand for documents or other such relevant memorialization), “Requests to Admit”, and finally Depositions of parties and other witnesses. Depositions normally come after the other “written” discovery, as the information from written discovery provides much of what’s needed for Depositions. Once discovery is complete, the parties should have what they need to try the case in front of a jury.
The importance of discovery cannot be overstated, as many times key discovery leads to an advantageous settlement before trial. I have had a number of cases, particularly in Columbia South Carolina, in which something discovered shows the other side they will not do well at trial and they settle. In Columbia, SC, and elsewhere I’ve seen parties and/or other witnesses say something in deposition that can be contradicted by the record and the person impeached. Sometimes, the written discovery produces a “smoking gun” document. Sometimes, a request for admission puts a side on record with something later found to go against other evidence.
Both the lawyer and the party should work together with discovery. The party usually knows questions the lawyer should ask or documents the lawyer should seek, beyond what the lawyer would know from reviewing the file. The parties may know witnesses and/or the other parties, and information that would help the case. That’s been my experience particularly in those cases I mentioned in Columbia South Carolina.
Do discovery right and you can win the case!
When an accident/incident causing damages occurs and it involves liability of another party or parties, evidence becomes crucial. Unless a party admits and doesn’t contest liability, evidence drives either successful settlement or a jury award. Starting after the accident, it’s important to gather the right evidence at the earliest possible time.
When it comes to evidence, testimony from witnesses, including parties to the accident, is accepted as evidence in Court. The statements of the parties (or friends/relatives) will not hold as much weight as witnesses unconnected to parties with no interest in the matter. Parties are assumed to be biased, while disinterested witnesses are seen as more credible. Therefore, getting points of contact of potential witnesses to an accident is critical. Beyond witnesses to the accident, witnesses to the level of injury (damages) are also important to proving the level of damages.
The damage to vehicles in a car wreck is solid evidence showing the nature of the impact and therefore liability. It’s important to have pictures before vehicles are repaired. Additionally, other material items effected by the wreck help tell the story and show liability. Finally, most vehicles have a “black box” vehicle recorder which tells what happened to the vehicle before, during, and after the accident. Third parties will usually pull and give the read-out from the vehicle black box.
Medical documents of assessment of accident injuries, and particularly medicals from right after the accident, are critical. They prove the injuries and level of injuries and help prove the connection of the injury to the accident. This evidence will likely continue well after the accident, and it’s important to keep all these records. Similarly, evidence of lost wages from being out of work due to the accident is important. Any other such “losses” should be memorialized as evidence.
Despite the impression of many Americans about the number of personal injury cases going to jury trial, the reality is that the vast majority settle at some point between the accident and a jury verdict. Though you may hire an attorney to handle your case, it’s important to understand settlements and settlement negotiations to obtain the best result possible. In the end, the client and not the lawyer must make the critical decisions of whether to settle and for what amount, so this knowledge is critical.
The first thing to understand is that vehicle property damage will normally be handled separately from personal injury damages of the same accident because insurance carriers separate the two and will resolve separately. The vehicle claim is normally resolved without lawyer involvement. The lawyer would have to work on contingency unless you were to pay his hourly fees, so he would collect 1/3rd of the damage amount offered for property damage. The insurance carriers normally handle the property damage among adjusters, and the amount is a liquidated damages amount for repairs or total loss amount by Blue Book value. Having to pay a lawyer for property damage is not going to be worth it in almost all cases of resolving property damage.
For personal injury, the injured and non-liable party’s attorney will usually reach out to the liable party’s insurance carrier (sometimes directly and sometimes through the liable party). Usually, lawyers will send the initial law enforcement determination of liability (in South Carolina, the FR-10) and medical bills along with a demand. Normally, the lawyer will demand the limits of the liable party insurance to settle the case, particularly as most drivers will have the $25,000.00 limits and medical bills will normally run at least $3-4,000.00 if the injured party was taken by ambulance to the emergency room for evaluation. A reason the lawyer will likely demand limits is to keep his position to come down if and when the insurance carrier sends a counter-offer. Understand that if the limits are high and the medical bills are low the initial demand may not be the limits but still a liberal amount.
The insurance carrier will determine liability (note: The FR-10 report would not be admissible in court as the law enforcement officer has not been deemed an “expert” in accident reconstruction, and so even if the FR-10 determines liability the insurance carrier may still dispute). Then the insurance adjuster will look at the medical notes and bills and consider associated damages like pain and suffering. He may also consider lost wages if that evidence is sent from the attorney. The insurance adjuster, if he has accepted liability, will likely make a “low ball” counter-offer of a number just above the bills presented. Then the injured party can come down to a lesser number from the initial demand in a counteroffer. In most cases, if the injury isn’t something permanent or involving prolonged treatment (like a broken bone) a good settlement would normally be 2-3 times the medical bills. That can vary substantially based on the venue being traditionally pro-plaintiff or not.
If the parties are not able to settle, the injured party makes the decision about bringing a lawsuit. It’s important to understand that in bringing a lawsuit a party will start building up debt in litigation costs that will come out of his 2/3rds of any settlement or jury award. Therefore, if the settlement is anywhere near the insurance policy limits it’s probably best to consider settlement.
Throughout the litigation, process parties can and do settle. In fact, in South Carolina parties are required to attempt “mandatory mediation” if they haven’t settled before trial. This involves an outside mediator attempting to help parties find common ground, and many cases are settled at mediation. Importantly, parties can talk to each other openly at mediation without having to worry that the information could be used at trial. Settlement negotiations are confidential. Even if cases are not settled at mediation, they can still be settled afterwards and with the benefit of what is learned through discovery and at mediation. In fact, many cases settle even during trial before the jury goes to deliberation. The benefit of mediation is that the parties have control over the process. Juries can be very unpredictable, so become a risk for both parties.
Remember that you, and not your lawyer makes the key decision of whether to settle or not. Keep abreast and be ready for settlement decisions at any time.
Due to the highly publicized, seemingly “outrageous” cases involving punitive damages, many in America think “Punitive” damages, also called “exemplary damages,” are the normal part of almost every lawsuit. For example, many have heard about the woman who spilled coffee in her lap and received “outrageously” high punitive damages as part of her case. What they don’t know are the background details of why the court initially awarded punitive damages (note: the punitive damages were decreased significantly on appeal). That fast-food chain had been heating their coffee many degrees above the safety level and had multiple prior suits and notices of the dangers of such hot coffee. In the highly publicized case, the elderly lady was burned so bad she spent significant time in the hospital with operations to replace third-degree burned skin with skin grafts. Initially, she solely asked the food chain to cover her medical costs, but that was refused. Because the jury found this business had continued to put customers in danger after notice, the award did involve punitive damages. That is not the norm for most suits. Let me explain punitive damages.
First, Punitive damages are distinct from compensatory damages in tort law. The purpose of tort law (civil litigation over one party liable for damages to another) is to make the damaged party whole. Whole being as close to the same state as before being damaged by a liable party. Damages are calculated by the direct costs (including pain and suffering) caused by liability. This limits damages to what can be proven by evidence to be “proximately caused” by the liable party (Defendant in a suit). Punitive damages are different in that they are intended to “punish” the liable party with an intention similar to criminal law punishments in both deterrence and justice. Punitive damages are brought by the Plaintiff who was damaged by liability, but the punitive award is not meant to make him whole but as punishment for the liable party due to particularly egregious conduct.
Because punitive damages are unique, the legal standard for the award of punitive damages is higher than damage amounts meant to make the Plaintiff whole. A party bringing punitive damages must prove the Defendant was “willful, wanton, and reckless” for the award of punitive damages. “If” the jury believes the Plaintiff proved Willful, wanton, and reckless behavior to justify punitive damages, the amount awarded can be well beyond the non-punitive damages. Unlike with non-punitive damages, which must be as precise as possible to the damages proximately caused by liability, juries are not directly limited with punitive damages. Juries are advised that the punitive damages should be commensurate with the level of the willful, wanton and reckless actions of the Defendant and with the intention of bringing justice and deterring future such actions. In the case of this international, multi-national food chain receiving punitive damages, the level of punitives will generally be higher because “punishment” and deterrence requires a high amount. Part of the intention of the Punitives was to finally stop the food chain from heating coffee to dangerous temperatures.
Punitive damages are controversial and are reduced on appeal in many cases. By case law, outrageous punitive damages have been viewed as violating the Constitutional prohibition of the Eighth Amendment (no cruel and unusual punishment). Normally, punitive damages are held up on appeal if they aren’t beyond around four to six multiples of the total of compensatory damages. Regardless, juries are given wide latitude and discretion as the punitive award is going to involve subjectivity.
It is rare to have punitive damages awarded, but important to know about them and when they apply.
After a car wreck involving injuries, the first concern is getting the treatment needed. At some point after emergency treatment, it’s important to start looking toward recouping damages, including that medical treatment, caused by another. South Carolina law requires motorists carry at least $25,000.00 of insurance coverage for the event they cause injuries to another with their vehicle. That gives some financial protection to those who are injured by the liability of an at-fault driver, but doesn’t cover two situations: 1. Some motorists violate the law and do not have insurance and/or drive vehicles not insured. 2. Sometimes the level of damages goes well beyond the $25,000.00 in minimum coverage the at-fault driver carries. The first situation can be covered by uninsured motorist (UM) coverage and the second by underinsured motorist (UIM) coverage. Let me explain the nuances of both.
First, it’s important to know the importance of ensuring your policy has UM and UIM coverage. This is something that should be offered when purchasing insurance coverage (in fact, if the purchaser is not made aware and offered this coverage, that failure to offer can become legal grounds against the insurance carrier as I will explain in a later article). You must have this coverage as part of your own vehicle insurance policy in order to seek this coverage in the event of being injured by an UM or UIM at-fault driver. This will likely mean an extra cost, and is not required by law so is discretionary. Take it.
When injured by an at-fault uninsured motorist, you or your lawyer will make the claim for UM coverage. The UM coverage will be at the limits you chose for liability coverage (coverage for damages you may cause against another). Important to note that South Carolina (and many other states) allow for “stacking” of UM coverage by the number of vehicles insured under your policy. As an example of how this works: if your liability coverage limits are the SC minimum of $25,000.00 then your UM coverage would be the same. If you have two vehicles covered under the policy, the amount of coverage with stacking is $50,000.00!
UIM coverage is very similar to UM coverage (including stacking), but for the circumstance of damages exceeding the at-fault driver’s limits. For example, if your hospital bills are $30,000.00, but the at-fault driver only has minimum limits of $25,000.00, then you would be able to make a UIM claim against your insurance carrier for damages remaining when the at-fault driver’s limits have been tendered. In this example, the overage of damages are at least $5,000.00 more, but with claim of pain and suffering and other damages beyond hospital bills the UIM coverage tendered should be much higher (though based on available coverage by the UIM limits with stacking).
Important note: Your insurance company can defend themselves “against” a UM (or UIM) claim for both liability and damages, and can even retain counsel to “defend” from the standpoint of the alleged at-fault driver. For a case in which liability is questionable, and/or you are requesting an amount in excess of what they believe your damages, they may assign an attorney to defend against the UM or UIM claim. Interestingly, when these types of disputed liability cases go to court the defendant will likely have two sets of attorneys on his “side”. The Defendants own insurance carrier assigned attorney defending him to prevent him paying his policy, and the Plaintiff’s insurance company’s lawyers defending against the UM or UIM claim.
It’s important to understand UM and UIM coverage even if you have retained a lawyer to ensure all potential coverage is being pursued.
