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

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 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.