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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.

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.

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.

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.

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.

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.