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Hit by a Car While Walking in Charleston? Your Rights Under South Carolina Law

Walking the historic streets of Charleston, South Carolina should be a safe and enjoyable experience, but unfortunately, pedestrian accidents happen far too often. When a vehicle collides with a person on foot, the consequences can be severe, leading to complex legal, medical, and financial challenges. more Understanding your rights is critical, especially in a bustling city where tourism and foot traffic are high year-round. South Carolina law offers important protections for pedestrians, but navigating these laws can be confusing after an accident. Many victims don’t know where to turn or how to begin the claims process, especially if the driver fled the scene. This blog post will break down the legal landscape for pedestrian accidents in Charleston, clarify common concerns, and explain how working with a Charleston pedestrian accident lawyer can help you secure the compensation you deserve. Understanding South Carolina Pedestrian Laws: What Every Charleston Resident Should Know South Carolina has specific laws designed to protect both pedestrians and drivers. Here’s what you need to know if you’ve been hit by a car in Charleston: Rights and Responsibilities of Pedestrians Right of Way: South Carolina law gives pedestrians the right of way at crosswalks and intersections. Drivers are required to yield, especially when pedestrians are on the same half of the roadway. Obligations: Pedestrians must obey traffic signals and use marked crosswalks when available. Jaywalking or crossing outside of a crosswalk can impact the outcome of an injury claim. Duties of Drivers Toward Pedestrians Exercise of Due Care: Drivers in Charleston are legally obligated to exercise due care to avoid colliding with pedestrians, especially near schools, parks, and downtown areas with heavy foot traffic. Stopping for Crosswalks: Motorists must stop for pedestrians in marked crosswalks, as per South Carolina Code § 56-5-3130. No Passing Stopped Vehicles at Crosswalks: It’s illegal for one vehicle to pass another that is stopped at a crosswalk, as the stopped car may be yielding to a pedestrian. What if the Driver Leaves the Scene? Hit and Run Cases in Charleston Sadly, hit and run incidents are not uncommon in Charleston. If a driver leaves the scene after hitting a pedestrian: Victims should report the incident to the police immediately. Uninsured Motorist Coverage: South Carolina law allows pedestrians injured in hit and run accidents to file a claim under their own uninsured motorist (UM) coverage, even if they weren’t driving at the time of the accident. Learn more about pedestrian accident claims in South Carolina. Common Questions Charleston Pedestrians Ask After an Accident Do I Need a Lawyer If I Was Hit by a Car While Walking? It’s understandable to feel overwhelmed after an accident. Many people are unsure whether hiring a pedestrian accident attorney is necessary or helpful. Here’s what you should know: Insurance Companies Are Not Always On Your Side: Adjusters often try to minimize payouts, especially if you were partially at fault. Proving Fault Can Be Complex: South Carolina follows a modified comparative negligence rule, meaning you can recover damages as long as you are less than 51% at fault—but your compensation may be reduced by your percentage of fault. Legal Guidance Simplifies the Process: A knowledgeable lawyer handles communication, paperwork, evidence collection, and negotiations, making the process much easier for you. What Should I Do Immediately After a Pedestrian Accident in Charleston? Get medical attention right away, even if injuries seem minor. Call the police to file an official report. Collect evidence if possible: photos of the scene, witness information, and driver details. Do not give a recorded statement to the at-fault driver’s insurance company until you’ve spoken with a lawyer. For more tips, visit our Pedestrian Accident Claims page. Why Hire a Charleston Pedestrian Accident Lawyer? Making the Process Easier for Victims Working with the best personal injury lawyer in Charleston, SC is about more than just legal knowledge—it’s about peace of mind. Here’s how an experienced attorney helps: Handles the paperwork: Filing insurance claims and lawsuits can be daunting without legal training. Negotiates fair settlements: Attorneys know how to calculate the full value of your claim—including medical bills, lost wages, and pain and suffering. Investigates the accident: Gathering surveillance footage, interviewing witnesses, and reconstructing the crash are all part of the process. Protects your rights in hit and run cases: A seasoned hit and run attorney can help track down the driver or pursue alternative compensation sources. Explore more about our legal services in Charleston. Frequently Asked Questions (FAQs) What compensation can I recover after a pedestrian accident in Charleston? A Charleston pedestrian accident lawyer can help you pursue damages for medical expenses, lost wages, pain and suffering, and, in some cases, punitive damages if the driver was reckless. How long do I have to file a claim in South Carolina? The statute of limitations for personal injury claims in South Carolina is generally three years from the date of the accident. Acting promptly is crucial to protect your rights. What if I was partially at fault for the accident? South Carolina’s modified comparative negligence rule allows you to recover damages if you were less than 51% at fault, though your compensation may be reduced by your share of fault. Can I file a claim if the driver was uninsured or left the scene? Yes. Pedestrians can often file under their own uninsured motorist (UM) coverage. Speak with a hit and run attorney to explore your options. How do I choose the best personal injury lawyer in Charleston, SC? Look for attorneys with strong reviews, local experience, and a proven track record handling pedestrian accident claims in Charleston. For more information, check the South Carolina Department of Public Safety’s Pedestrian Safety resources. Get Help from an Experienced Charleston Pedestrian Accident Lawyer If you or a loved one has been hit by a car while walking in Charleston, you don’t have to navigate the aftermath alone. Understanding your legal rights and having the right representation can make all the difference in your recovery—physically, emotionally, and financially. Contact us today for a free, no-obligation consultation with a Charleston pedestrian accident lawyer, and let us help you move forward with confidence.

Filing a Wrongful Death Claim: A Comprehensive Guide

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.

Filing an Insurance Claim for a Car Accident: Steps to Follow

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.

What to Do After a Motor Vehicle Accident in North Carolina?

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.

Navigating the Legal System After a Drunk Driving Accident

If you have been involved in a drunk driving accident, you may feel overwhelmed with the next steps that you need to take. It is true that the legal system can be complex and difficult to navigate in Hendersonville, NC, and elsewhere, but having an experienced DUI victim lawyer by your side can help to ensure that your case is presented effectively and you receive any compensation that you are entitled to. First Step - Seek Medical Attention Before turning your attention to legal matters, it is vital that you seek medical attention after being involved in a drunk driving accident even if you feel fine. Some types of injuries, such as concussions and internal bleeding, may not immediately display any symptoms, but leaving them could have severe consequences. Receiving proper medical care could also help you with any legal case you pursue afterward. Medical records that clearly demonstrate any injuries you suffered immediately after the accident, and during your recovery, can be used if you decide to seek compensation. more Securing Legal Counsel from a DUI Victim Lawyer Once you have ensured that you are safe and your medical needs are being taken care of, securing legal counsel as soon as possible is sensible. An experienced lawyer who knows the complexities of drunk driving cases can help with your insurance claim, and with any personal injury case you may pursue. Dealing with Insurance Now is a good time to get to grips with your insurance policy by reading through the documentation. You will need to know what your insurance policy will cover and what the process of filing a claim will be. Having a lawyer look over any offers or responses from your insurance company can help to ensure that you don't agree to anything that wouldn't be in your best interests. Pursuing a Personal Injury Claim As a victim of a drunk driving accident, you may be entitled to compensation for any injuries you have suffered. These can include economic consequences, such as loss of earnings and medical bills. They can also include non-economic consequences, such as pain and suffering, emotional pain, and PTSD. Negligence Per Se In car accident cases that do not have a drunk driving element, personal injury claims are subject to contributory negligence. This means that any compensation you receive is based on the percentage of the accident you are responsible for. If you were 20% responsible, then you would receive 80% of the compensation you are entitled to. In drunk driving cases, however, negligence comes into play. Under this law, any driver who is found to have been intoxicated when the accident occurred is 100% responsible. This can help to streamline the process as there is no need to prove who is at fault. How To Find the Right Lawyer Using a lawyer who specializes in representing drunk driving victims will help to boost your chances of receiving any compensation you are entitled to. Our lawyers are experienced and knowledgeable about all aspects of the law surrounding drunk driving accidents and are passionate about ensuring that all of our clients receive dedicated, compassionate, and professional representation. If you have been a victim of a drunk driving accident, contact Yelverton Litigators in Hendersonville, NC, and Charleston, SC to find out how our team can help you.

The Role of a Lawyer in Drunk Driving Victim Cases

When you're involved in an accident or incident involving a drunk driver in Charleston, SC, the guilty party must be held to account. Hiring an experienced drunk driving accident attorney is the best way to ensure justice is served and you receive the compensation you deserve. From determining what your claim is worth to taking the case to court, we look at the role of a lawyer in drunk driving victim cases. A Drunk Driving Accident Attorney Provides Legal Representation A lawyer's primary role is to represent you throughout the legal process. They will act on your behalf, looking after your best interests in negotiations and throughout court proceedings. more Determine a Fair Settlement There's no exact science when assessing the settlement you deserve. Insurance companies will try to offer the minimum amount they can, which is often much lower than it should be. An attorney with knowledge of DUI laws and experience handling personal injury cases is better placed to determine a fair settlement. They'll take into account factors such as the severity of your injuries, emotional distress, medical bills, and lost wages, to calculate what your DUI claim is worth. Investigation and Gathering Evidence Your DUI attorney will use their local knowledge and contacts to investigate the drunk driving incident and gather evidence, such as witness statements, police reports, medical records, and CCTV footage. All the evidence they collate will be used to build a strong case against the guilty party. Negotiate with Insurance Companies Negotiating with insurance companies is tough and, if you attempt to do so alone, you'll unlikely receive the compensation you deserve. A lawyer will handle these negotiations, fighting in your corner to secure the best settlement possible. Take the Case to Court When negotiations fail and no settlement is reached, your legal team is prepared to take the case to trial. Their legal strategy will form the basis of the case, and they'll present the evidence and make your case before a judge or jury, advocating for a favorable outcome. Charleston, SC Dram Shop Laws Did you know the Charleston establishment that served alcohol to the drunk driver can also be held responsible? Many people are unaware of South Carolina's dram shop laws which state that the place responsible for the intoxication of an individual is also responsible for their actions after they leave the venue. A good attorney will investigate the bar, restaurant, or club where the driver became drunk (or more drunk) to ascertain whether they over served the individual and allowed them to drive while intoxicated. If so, you may have a legal claim against the venue. These cases are complex, but an experienced lawyer can guide you through the process, ensuring the establishment is held to account and you receive a fair settlement for damages. South Carolina's DUI laws are complex and difficult to navigate, which is why you need an experienced attorney on your side when you or a loved one is involved in an accident caused by a drunk driver. From investigating the accident and negotiating with insurance companies to litigating, we will fight to make sure justice is served. Contact Yelverton Litigators in Charleston, SC today, and let our dedicated team get you the compensation you deserve.

What Damages Can Drunk Driving Victims Claim?

Drunk driving accidents are devastating events that can leave victims with debilitating injuries, staggering financial losses, and profound emotional trauma. Driving while drunk is a reckless, negligent act, and those harmed by a drunk driver have the right to seek financial compensation for their suffering. Here's some advice from a drunk driving victim lawyer serving Hendersonville, NC. Economic Damages Economic damages are financial losses stemming directly from the accident. Property damage is a clear cost related to the accident and can include the costs to repair or replace damaged vehicles or other personal property. Medical expenses due to the accident are also a significant part of economic damages that can and should be claimed after a drunk driving accident. more These can range from hospitalizations and surgeries to doctor visits, rehabilitation, and medications, as well as any future medical treatment necessary because of the accident. Lost wages also fall under the category of economic damages, since victims of drunk driving accidents are often unable to return to work due to their injuries or may have diminished earning capacity. Non-Economic Damages Non-economic damages are less tangible but are a way for the justice system to acknowledge the emotional and psychological harm to victims. One category of compensation that is often awarded is pain and suffering: the physical pain resulting from injuries and the emotional distress of the accident. Mental anguish, another category of non-economic damages, can include anxiety, depression, PTSD, and other psychological conditions stemming from the accident. "Loss of enjoyment of life" and "loss of consortium" are other areas that are hard to quantify but can nonetheless be a very real result of an accident. When injuries prevent someone from engaging in hobbies and activities they once loved, they can claim damages due to a loss of that enjoyment of life. "Loss of consortium" acknowledges the negative impact the accident has on a victim's family relationships and spousal companionship. Punitive Damages In egregious cases where the drunk driver exhibited extreme recklessness, punitive damages may be awarded as punishment and to deter similar behavior. These damages are not meant to compensate for specific losses but rather to demonstrate society's absolute rejection of such a harmful behavior. Punitive damages are awarded when a judge deems it appropriate to make an example to others of how society responds to destructive behavior. Determining the Value of Your Case Several factors will ultimately influence the total amount a victim can recover. The severity of your injuries are a significant factor: the greater the harm, the higher the potential compensation. Economic impact, such as long-term financial losses and earning potential reduction, can also affect the claim. Liability can be another major factor, since if there are multiple responsible parties, the potential compensation pool increases. If you or a loved one has been injured by a drunk driver, don't let the insurance companies dictate your future. Contact Yelverton Litigators today in Hendersonville and across South Carolina and northern North Carolina for a free consultation. Our team will work to ensure you receive the justice and compensation you deserve.

How to Seek Compensation as a Drunk Driving Accident Victim

You can seek legal recourse if you suffer serious injuries caused by a drunk driver. Find out how a DUI accident attorney in Charleston, SC can help you get compensation to cover the cost of medical bills, lost wages, and other related expenses. Compensation for Drunk Driving Injury: Advice From a Charleston, SC DUI Accident Attorney Understand the Available Damages Unlike some states, South Carolina doesn't limit the personal injury damages in a DUI case. You can recoup both economic and non-economic costs. Economic costs include the expenses you can tabulate, such as medical treatments, surgeries, time out of work, and property damage like the loss of your vehicle. Non-economic costs include expenses without a number attached, like loss of life enjoyment or pain and suffering. In addition, the judge can award punitive damages in a DUI case. These fines punish the responsible individual in cases of extreme negligence. The state limits punitive damage to $500,000 or three times the personal injury damages awarded (whichever is larger). more Consult an Attorney Right Away According to the statute of limitation in South Carolina, you only have three years to file a personal injury lawsuit. The clock starts on the day of the accident, so it's important to act quickly if you plan to seek compensation for your injuries. An experienced personal injury attorney knows the state laws about DUI accidents. They can help you navigate the court system and follow the necessary steps to get compensation for the cost of catastrophic injuries. Gather Evidence For a successful lawsuit, you need to show that the person directly caused your injuries by driving under the influence of drugs or alcohol. Evidence for a DUI personal injury case should include the police report from the incident as well as the results of any breath or blood test taken by the defendant. You can also present witness testimony as well as photos and videos of the accident scene. The defendant may argue that you shared responsibility for the accident. For example, if you didn't have your headlights on when the collision occurred, the judge could decide you have 20% of the fault for the incident. In this case, they would reduce the amount of your damages by 20%. Collect Your Judgment If you win the case, the judge will determine a fair amount based on the circumstances of the accident. The defendant has 30 days in South Carolina to challenge the judgment. After that period passes, your attorney can take steps to collect the awarded amount. For example, they can contact the person to arrange a payment plan and file a lien against personal property, such as the defendant's home or vehicle. When you hire a trustworthy personal injury attorney, you have someone on your side throughout the process of preparing your case and awaiting the results. They can help determine the appropriate amount to request for your injuries and put together the evidence you need for a successful hearing. Contact Yelverton Litigators in Charleston, SC today for the knowledgeable assistance you need after experiencing DUI injuries.

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

A critical part of the role of a drunk driving accident lawyer is to help victims understand their legal rights. If you've been injured by someone's drunk driving, contact our Hendersonville, NC office right away, and we'll help you protect each of your rights and get compensation for your injury and losses. Ask a Henderson, NC Drunk Driving Accident Lawyer: What Are My Rights as a Victim? Right to Seek Compensation If you are a victim of a DWI in North Carolina, you have the right to seek compensation. This compensation is not limited to medical expenses but can also cover lost wages, property damage, and pain and suffering. In North Carolina, the law recognizes the devastating impact a drunk driving accident can have on your life and therefore allows for comprehensive claims to cover various damages. more Here are some of the complications and facts you need to know about: Negligence and Liability North Carolina follows the contributory negligence rule, which means that if you are found to be even slightly at fault for an accident, you usually would not be able to recover damages. However, the good news is that when a driver's conduct was willfully or wantonly egregious, such as if they were exceeding the speed limit by a particularly large amount or were driving under the influence, that changes, and you may be able to sue even if you were partially at fault. Punitive Damages In cases where the driver's conduct is found to be particularly reckless – and drunk driving falls into this category far more often than with ordinary car accidents – North Carolina law permits victims to seek punitive damages. These are damages intended to punish the wrongdoer and deter them and others from engaging in similar behavior in the future. Punitive damages are based on the severity of the misconduct and the driver's level of intoxication, and they are not automatically awarded just because the other driver was drunk. You'll need to prove your case and talk to your lawyer. Statute of Limitations It is important to be aware of the statute of limitations in North Carolina. For most personal injury cases, including drunk driving accidents, this period is typically three years from the date of the accident. Failing to file within this period can result in losing the right to seek compensation. Right to Bring Wrongful Death Claims In tragic circumstances where a drunk driving accident leads to a fatality, the victim's family has the right to file a wrongful death claim. This legal action seeks compensation for the family's loss, including loss of income, emotional distress, and funeral expenses, but the statute of limitations here is only two years from the date of your loved one's death if they did not immediately die at the time of the accident. If they did, the normal three-year statute applies. Right to Legal Representation Perhaps the most critical right you have as a victim is the right to legal representation. An experienced personal injury lawyer fully understands the legal process and has been down this road. An experienced lawyer will know how to ensure your rights are protected and help you secure the compensation you deserve. As a victim of a drunk driving accident, you have specific rights aimed at ensuring you can seek justice and compensation. Remember, the law is on your side, and with the right legal support, you can see justice done. Contact Yelverton Litigators if you're in Hendersonville or anywhere in North or South Carolina, for a free consultation today.

SHOULD I GIVE A RECORDED STATEMENT TO THE INSURANCE COMPANY?

Should you give a recorded statement to the insurance company? We’ll cut straight to it: No. Generally, you shouldn’t. Recorded statements are taped question and answer conversations with an insurance adjuster, usually taken over the phone, where the questions revolve around the accident in question. On the surface, recorded statements can seem harmless, however, they are often a tactic used by the insurance company to trick an injured party and devalue the claim. One of the most important things to understand about recorded statements is that they are not required in order to process your claim. The insurance companies like to create an illusion that the statements are necessary in order for them to continue working on your claim. This assertion is false. A majority of automobile claims can be fully resolved without the injured party ever giving a statement to the insurance company. Remember, at the end of the day, the insurance company’s goal is to pay the least amount of money on a claim as possible. Recorded statements are just one of the tools they use in order to devalue claims. Since the insurance company likes to do the recorded statements as soon as possible after an accident, the extensiveness of your injuries might be unknown at that time. For example, you might believe that you just have a back sprain or neck sprain but then, later on, discover you actually have a hairline fracture in your arm. The insurance company will often try to use what you told them as your original injuries to discount any additional injuries later discovered since you did not previously disclose them to the insurance company. Additionally, the adjuster will compare your statement to any other statements given to the police officer or any other person in order to try to establish inconsistency in your story. This is troublesome because any statement by you can be used against you in court hearings, even if they are not taken under oath. Already given a recorded statement to the insurance company? Don’t feel like you have ruined your case. The best next step is to cease contact with the insurance company and contact our office instead. We’ll take over and use our expertise to smooth over any potential issues caused by your recorded statement for your personal injury claim.

WHAT TO DO AS A PASSENGER IN A CAR ACCIDENT

Being involved in a car accident is always scary and stressful, even as a passenger. It’s easy to become caught in the middle as the drivers of the vehicles and the insurance agencies fight it out and be left wondering who’s responsible for your medical bills. Here are some steps to take if you were a passenger in a motor vehicle accident, from the moments after the accident to seeking medical damages: Make Sure the Police Officer Has Your Contact Information Immediately after the accident, it is very important that the police officer on the scene gets your contact information and includes it in the accident report. If you are listed on the police report, it removes any doubt for the insurance companies later on about you being involved in the accident when you are making a bodily injury claim. It’s very difficult for the insurance companies to evaluate your claim later if there’s no record of you being a passenger in the accident. Take a Photo of the FR-10 or Driver Exchange Form Many times at the scene of an accident the only people that exchange insurance information are the drivers. This information comes in the form of an FR-10, in South Carolina, or a Driver Exchange Form, in North Carolina. However, what if you need that information in the future? While a passenger can’t expect to receive their own copy at the scene, you can definitely take a photo of it for your records in order to have all the insurance information should you need it. It can be confusing and stressful to be a passenger involved in a car accident, especially if you are injured, because it can difficult to understand who is responsible for your medical damages.  The sections below should help you better understand the steps to take. Filing Insurance Claims Against the Other Driver In general, the person who is at-fault for the accident is liable for any medical damages to all involved in the accident, including you as a passenger. To file a claim, you’ll use the insurance and contact information of the driver on the FR-10 or driver exchange form and file a claim with their insurance company if one is not already open for the accident. Filing Insurance Claims Against Your Driver If the driver of the car you were in is at-fault for the accident, he or she would be liable for any medical damages resulting from the crash. Just like if the other driver was at-fault, you would file a claim on their policy accordingly. Keep in mind, even if your driver is not at-fault for the accident, their policy may have medpay coverage. Medpay coverage is an optional form of coverage that can help cover your medical bills as a passenger. It’s a set amount, such as $500 or $1,000, that is available to someone injured as a result of the accident, regardless of fault. Therefore, even if your driver is not liable for the accident, their medpay coverage can help cover your medical bills while your claim with the at-fault insurance is pending. Contact Us for Help If you’ve been injured as a passenger in a motor vehicle accident, you need experienced legal advice to help you get the compensation you deserve. Our firm has vast experience handling motor vehicle collision personal injury claims in North and South Carolina and will fight for you.

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WHAT TO WEAR TO COURT

When the day of your court case arrives, you’ve got a lot on your mind and what to wear to court is likely not at the top of the list. However, your outfit for trial is more important than you might first think. Remember, first impressions are powerful, and you want the jury and judge’s first impression of you to be a good one. While the courtroom isn’t a fashion show, looking neat and professional has a greater effect than you probably realize. Here are some of our tips on picking an appropriate courtroom outfit: The first thing to consider when picking your court outfit is presentation. You want to show that you take the proceedings seriously but aren’t trying to draw attention to yourself. That may mean dressing up more than you might on a typical day. However, you don’t need to get a 3-piece suit or formal dress. Instead, think of dressing for court a bit like dressing for an ordinary Sunday at church. For men, that may be a button down shirt and pressed dress pants. For women, it could be a nice blouse and professional pair of pants or a skirt. Court is not the place to wear jeans, tank tops or sneakers. Aim for subdued colors and stay away from anything too flashy. Now that you’ve selected a few potential outfits for court, the next thing to consider is comfort. Trials can be long, with quite a lot of sitting and waiting, and an uncomfortable outfit can go from annoying to a nuisance over the course of the day. If you're fidgeting in your seat because your outfit is too loose, tight, itchy or not warm enough, you run the risk of distracting the jury, judge and your attorney. You want everyone's attention focused on your case, not on you personally. Finally, you want to consider how any nervous habits you have can be minimized by how you accessorize and style what you wear. It’s completely normal to be a bit nervous in a courtroom. However, nervous habits that you don’t always realize can be extremely distracting to other parties. If you tend to twirl your hair when anxious, wear it up instead of down. If you tap your leg, make sure you aren’t wearing shoes with loud soles. If you tap your nails on surfaces when nervous, remember to trim them down ahead of time. The less distractions there are in the courtroom, the better the chance that the jury will pay attention to your case as presented by your attorney. When it comes to what to wear to court, it all boils down to common sense and seriousness. Dressing appropriately for your trial is one simple action you can take to help your attorney and your personal injury case succeed.

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