Ask a Lawyer: What Are the Legal Rights for Victims of Drunk Driving Accidents?

There is nothing worse than losing a loved one, except perhaps losing a loved one as a result of someone else's actions, whether negligent or intentional. If a close relative has been killed, you can seek justice with the help of a wrongful death attorney from our team at Yelverton Litigators in Charleston, SC. Filing a Wrongful Death Claim: A Comprehensive Guide It's not a requirement that you hire an attorney before filing a wrongful death claim, but it's the best way to reduce your stress throughout the process and achieve a satisfactory outcome. more What Constitutes a Wrongful Death? A wrongful death is when a person dies as a result of another party's wrongful act, negligence, or intentional harm. Common causes of wrongful death include things like car accidents, medical malpractice, defective products, workplace accidents, and criminal acts. Determine Who Can File the Claim In South Carolina, a wrongful death claim must be filed by the executor of the deceased's estate. This person is typically named in the deceased's will, but if there is no will, a personal representative may be appointed to act on their behalf. Although the personal representative files the claim, any damages awarded are for the benefit of the deceased's surviving family members, such as the spouse, children, or parents. Know the Statute of Limitations You must file a wrongful death claim inside the statute of limitations, which in South Carolina is within three years of the date of death. If you do not file within this time limit the court will likely dismiss the claim, and you may lose the right to any compensation. Calculate Damages Damages in a wrongful death claim in South Carolina can include both economic and non-economic losses, from the costs of medical treatment and burial to compensation for the loss of the deceased company and the pain and suffering felt by you and your family. In some cases, punitive damages may also be awarded if the defendant's actions were particularly reckless or malicious. File the Claim To file a wrongful death claim, the personal representative must prepare and submit a complaint to the appropriate court. Your attorney will make sure that this legal document outlines the facts of the case, the legal basis for the claim, and the damages being sought. Get in Touch With a Wrongful Death Attorney in Charleston, SC To file a wrongful death case you must understand the law and be able to show that another party's actions led to the death of a loved one. By working with a qualified attorney, you can pursue justice and secure compensation to help alleviate the financial and emotional burdens following a wrongful death. If a loved one has died as a result of someone else's actions, then don't delay. Get in touch with us at Yelverton Litigators in Charleston, SC to consult with an experienced lawyer who specializes in this area of the law. We will do our utmost to get you and your family the justice you deserve.

If you ever get in a car accident, it helps to know in advance what you should do to protect yourself and others, both at the scene and for your future. Be sure to talk to a Hendersonville, NC motor vehicle accident lawyer as soon as possible after your accident to ensure your right are protected and you're able to get the compensation you need. 1. Think About Immediate Safety The first step is to ensure the safety of everyone involved. If possible, move your vehicle to the side of the road to prevent further accidents. Turn on your hazard lights to alert other drivers of the situation. If anyone is injured, call 911 immediately to request medical assistance. Even if you think no one was badly injured, you are required by law to stop and exchange information. more 2. Contact Law Enforcement In North Carolina, you must contact law enforcement after a car accident if there are injuries or significant property damage. The responding officers will create an official accident report, which is an important document for insurance claims and potential legal actions. This report will have details about the accident, statements from involved parties and witnesses, and the officer's assessment of the scene. If anyone offers you money to just drive off without calling the police, ignore them. 3. Exchange Information with Other Parties Exchange information with the other driver(s) involved in the accident. Get the names, addresses, phone numbers, driver's license numbers, license plate numbers, and insurance information of all other drivers involved, and give them yours, regardless of who you believe is at fault. While exchanging information, remain calm and avoid discussing fault. It should go without saying that if the other driver is being belligerent in a way that makes you fear for your safety, move away from them and just wait for the police. 4. Obtain Medical Attention Assuming that you were not injured so badly that you called 911 immediately, you should still go to urgent care or the ER once you are finished dealing with the immediate scene of the accident. There are a number of serious medical conditions that may show no outward symptoms for a time, such as internal bleeding, and others, like whiplash, that are masked by the adrenaline of the situation. It's very important to both your health and any future claim you may make that you have a medical professional check you out as soon as possible after the accident. 5. Call a Car Accident Attorney An attorney will help you understand your legal options and the potential value of your claim, provide a buffer between you and the other driver, and ensure that you're not taken advantage of or your rights ignored. Once you have an attorney, you can refer all inquiries from the insurance company to your lawyer. This makes it much harder for an insurance company to take advantage of your confusion, trauma after the accident, or ignorance of the law and your own rights to manipulate you into saying something that could jeopardize your claim for compensation. If you've been in an accident, contact us at Yelverton Litigators from anywhere in North or South Carolina for a free consultation.

After a car crash, you might be confused about what steps you should take next. Once you get the medical care you need, you should file an accident claim with your car insurance company. Here are 5 steps you can follow and what our Charleston, SC car accident attorneys can do for you and your family in the wake of a motor vehicle collision. 1. Report the Accident to Police If you are able, the first thing you should do is call the police to report the accident. Even if the damage was minor and there are no injuries, it's critical to have an officer respond to the accident so a formal police report can be generated. This will have key information like the position of the vehicles, where the damage is located, and the officer's personal observations. more 2. Get the Other Driver's Information Next, you should obtain the contact information of any other drivers who were involved in the accident. Be careful not to chat with them or discuss who might be at fault for the collision, since anything you say could be used against you at a later date. Instead, just get the basics and politely decline to answer any questions other than providing your own phone number and insurance information. 3. Gather Evidence When it comes to filing an insurance claim, the kind of evidence you bring to the table matters. You'll want to have compelling data to show how the other driver was responsible for the accident and how you were injured as a result. This often comes in the form of witness testimony, accident reconstruction, and medical records. However, you should also collect any video footage that may exist of the accident and consider bringing in an expert witness to explain your injuries to the jury. 4. Call Your Insurance Company In addition to reporting your accident to your local police office, your car insurance carrier requires you to make a separate disclosure. While you do have to answer some basic questions, you can (and should) refrain from going into too much detail or offering conjecture about what happened. It's your insurance company's responsibility to review the evidence and designate which party is at fault. 5. Consult With a Veteran Car Accident Attorney Finally, you should make an appointment to talk with an experienced car accident lawyer in your area to learn about your legal rights after a negligent driver caused your collision. Your attorney can walk you through each of these steps and will speak to insurance adjusters and police officers on your behalf, so you can stay focused on your recovery. Were you hurt in a car crash? The time to act is now. Contact us at Yelverton Litigators in Charleston, SC to take advantage of our free consultation offer and learn how we can help you recover the financial compensation you and your family deserve for your injuries.