Archive for February, 2021

Don’t Settle by Your Self

Whenever you are injured due to the negligence of another party, you can always attempt to seek compensation for your damages on your own and without an attorney. At the same time, there are just too many reasons not to hire a personal injury attorney.

Objectivity and Professional

Personal injuries, such as car accidents, often cause a lot of upheaval and pain. After going through any trauma, it’s always tough to be objective about the accident and your injuries. A personal injury can make objective decisions on your behalf. This professional knows how to gather evidence, evaluate evidence, review medical reports, find all parties responsible for the accident and negotiate your case. This legal professional has the experience and skill to get you the best settlement that you deserve. A personal injury attorney is always professional and objective.

A Tough Negotiator

A personal injury attorney is a tough negotiator in your corner. It’s difficult for a plaintiff to negotiate with an insurance company or their adjuster. Claims adjusters  are to be very persuasive and to negotiate a lower settlement for your claim. They can be very challenging and will always try to get you to take their first offer. This is why you need an experienced personal injury attorney. A personal injury attorney knows how to deal with the insurance company.

Get the Medical Attention You Need

Having a good personal injury attorney can get you the medical attention that you need. An experienced personal injury attorney has a lot of medical knowledge about injuries and can help refer you to a good doctor. They also have experience in communicating and working with a list of very good physicians. And while you are undergoing Medical treatment, your attorney will be gathering all the medical documentation to support your claim.This way, your focus can be on recovering from your injuries.

Evaluating Your Case Properly

It’s difficult to evaluate your own case. An attorney will evaluate your case, liability and value your case. You’ll also know all of your options when you use an attorney.

Level the Playing Field

Whenever you file a personal injury claim, it is likely that the opposing party will have their own attorney. Having your own personal injury attorney levels the playing field for you. The opposing party will take your claim much more seriously when you have an attorney representing you. Having a  personal injury attorney represent you gives you support.

Faster Compensation and Peace of Mind

Having an attorney in your corner will get you faster compensation. If you do it on your own, you’ll have to wait till you recovered from your injuries to get all of that done.An attorney can gather evidence, gather medical documentation and file a claim for you with the insurance company while you are recovering. This way, there won’t be any setbacks for you. Your attorney will get the ball rolling for you.

Filing a personal claim on your own can be very stressful. An attorney will take away the stress and do everything for you. You’ll have the peace of mind that you need in order to get a speedy recovery.

The bottom line is that you should never settle on your own. You need the help of an experienced personal injury attorney.

Why You Need an Attorney for your Personal Injury Claim

When you have a personal injury claim in South Carolina, your attorney will know all of the statutes in that state that affect your claim. And with those statutes in mind, there are two basic laws when it comes to personal injury claims in South Carolina. Those two laws are about the statute of limitations and comparative negligence. The statute of limitations in the state governs the time period that you have in order to file a claim. And in South Carolina, the statute of limitations is 3 years. If you don’t file your personal injury claim within 3 years, you will lose the right to get compensation for your injury. Simply put, the court will refuse to listen to your case.

And even after you file your claim in South Carolina, you are not guaranteed an award for damages due to your injuries. In the state of South Carolina there is the law of modified comparative negligence. This means that if you contributed in any way to the accident, your award will be reduced for the percentage of your participation. For example, if you are found to be 30% responsible for the incident, your compensation will only be 70% of the damages.And if you are found to be 51% responsible for the accident, you won’t be entitled to any compensation. That’s why it is critical that you have a personal injury attorney in South Carolina. An attorney will know all about the personal injury law in the state and be able to argue against any accusations that you contributed to the accident. After all, you need compensation for your damages.Without the assistance of an attorney, it is very difficult in South Carolina to be fairly compensated for your damages due to a personal injury claim.

In the state of South Carolina, you must be able to prove that another individual or agency caused the accident which resulted in your injuries. If it cannot be proven that the other person or agency was negligent, reckless or willful in their actions, you cannot get compensation for your injuries in the state. Sometimes, negligence is not straightforward or clear. For example, I manufacturer 10 alleged that you misused the product. Or if it was a car accident, the other driver can allege that you’re the one who swerved into their lane. Expert witnesses or fact witnesses may be needed to prove negligence. A personal injury attorney can provide you with what you need to support your claim. Negligence against the other party must be clearly established in order to prove liability.

Personal injury law in the state of South Carolina is complex. If you want to file a personal injury claim in the state of South Carolina, it is always in your best interest to hire a personal injury attorney. Hiring an attorney to represent you increases your chances of the best outcome for your personal injury claim.

If you haven’t incurred a personal injury due to the negligence of another party, contact an attorney in South Carolina today. This legal professional is without a doubt your best ally.

How the Coronavirus Affects Workers Compensation Claims

The coronavirus is here and continues to spread at a rapid pace. And with this virus continually mutating, it is likely that it will be with us for some time. So, how does the coronavirus impact South Carolina’s workers compensation?

In the state of South Carolina,occupational diseases qualify for workers compensation benefits. The coronavirus qualifies when it arises out of the course of employment or under the regular working conditions of the job. But, how can it be proved that you got the coronavirus from your job? It’s like getting the flu or a cold. These illnesses can easily occur outside of your employment. According to the National Law Review, the coronavirus could be compensable if a person’s job increases the risk of contracting corona. Likely, the coronavirus will be categorized as a non-occupational disease. Employers will then have to decide whether the job contributed to contracting corona or if employment aggravated this condition. First responders and other types of healthcare workers would have a much greater chance of proving this as they interact with the public on a regular basis. This would increase their exposure of contracting the coronavirus. 

According to section 42- 11-10, benefits are not allowed for a disease that results from exposure to other employees.It also bars employees from catching a disease that is due to exposure outside of their workplace.Those workers in South Carolina who have contracted the coronavirus will have an uphill battle in getting workers compensation benefits as the law is currently written. However, medical workers, first responders and prison workers all grocery store workers may be able to prove that their condition was due to their employment.

Currently, hundreds of workers in South Carolina have filed workers compensation claims due to the coronavirus. But, all of these claims have been denied by the workers compensation provider.All of these claims will have to be litigated by the Workers Compensation Commission in the state.Possibly, employees might wind up being able to get benefits due to the coronavirus.

If you’re a worker who suspects that they contracted the coronavirus at work, it is important to let your employer know as soon as possible. As a matter of fact, you have 90 days in the state to report an illness.

If you submit a claim to your employer and it’s denied, your employer must submit a form to the Workers Compensation Commission.There are benefits that are allowed for family members.

If you are an employee in South Carolina who has contracted the coronavirus due to your employment, it is in your best interest to hire a South Carolina workers compensation attorney. Not only all worker compensation laws complex, but the coronavirus is also new to workers’ compensation claims. With a workers compensation attorney in your corner, you have a much better chance of successfully getting benefits. Not only can a workers compensation attorney in South Carolina help you navigate the claim process, they can keep you updated on decisions made by the states Workers Compensation Commission regarding the coronavirus. Got a workers compensation claim due to corona? Get a South Carolina workers compensation attorney today.