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

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 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.