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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.

Find a Personal Injury Attorney in SC to Fight for Your Rights

Ryan Montgomery Attorney at Law and his experienced personal injury legal team in Greenville SC knows how devastating an accident can be and just how serious it is when you are faced with life-changing injuries and expenses. Mounting hospital and medical bills combined with a dramatic loss of income due to the inability to work because of severe injuries can get scary…and fast. You and your family need help and you need it now.

Experienced personal injury attorney Ryan Montgomery and his staff are here to fight for the rights of personal injury victims in Greenville, SC, and surrounding counties. 

If your life or a family member’s life has been changed due to the carelessness of someone else, you have a right to fair compensation for your injuries and losses. Insurance companies and their insured are certainly not going to line up to give you money for your injuries and take responsibility for all of your job and financial losses so you need someone on your side that understands the law..

Those who suffer from long-term or lifelong injuries from an accident may be entitled to a variety of different types of damages that many people are not aware of. Some of these damages that can result in monetary gain include:

Possible Damages and Compensation from an Accident in SC

What to do When You are in an Accident in SC with Injuries

When you are in an accident due to the negligence of another party, it can be unsettling not to know exactly what you need to do to protect yourself and your rights. Not sure where to start? Call SC personal injury attorney Ryan Montgomery for a free consultation to see exactly how he can help you get the fair compensation and proper medical attention you deserve.

SC Attorney Ryan Montgomery and his legal team assist victims with cases including everything from workers’ compensation claims to car, truck and motorcycle accidents, and even wrongful deaths, medical malpractice, and slip and fall cases.

The Greenville, SC attorneys at Ryan Montgomery Law can help with almost 60 years of combined experience in personal injury cases and their commitment to serve their clients and families with professional and creative solutions to injury cases.

Personal injury attorney Ryan Montgomery fights hard for fair compensation for SC residents when there has been a serious accident that affects your family. We understand that the insurance companies can be difficult to deal with and that there is a lot of confusing information to interpret…and at an exceedingly difficult time. Having someone on your side to represent you when you need it most is crucial for taking care of your injuries and your family – physically, emotionally, and financially.

We give each and every one of clients our firm commitment to always provide professional and personalized service. Our legal team will work closely with you to ensure that all of your concerns are addressed. We will aggressively pursue the settlement you deserve to properly recover the maximum compensation for your case. Contact us today online or at (864) 373-7333 to schedule a FREE consultation and see how our SC personal injury law firm can help you get the most compensation for your personal injury case.

Personal Injury Protection Against Covid? Call us!

COVID-19 has changed the landscape of personal injury claims. With so many people contracting this virus, ensuring your safety while doing regular things like shopping for food or going to the gas station may put you in harm’s way. If you are required to go to work, you may be wondering if you can file a personal injury claim against your employer. In most cases, no. Here’s why:

It is very hard to file and win a personal injury claim against an employer, even before COVID-19 became an issue. This difficulty plays a significant role in proving whether your employer intentionally sought to inflict harm or had a deliberate intent to give you the virus. There are instances where an employer may be liable, such as not adding safety protocols. This may be a deliberate representation of negligence of safety, which could be a basis for a claim. Another example of this would be giving out misinformation or forcing employees to work in close quarters which could spread infections. Although this sounds like the employer is deliberately putting the employee in harm’s way, it does not guarantee the likelihood of a claim.

If you are in an accident or experience some other type of injury where you are exposed to COVID and end up contracting the virus, that does not mean you are eligible to pursue a claim. Getting advice from a personal injury attorney can point you in the right direction.

Strengthen Your Claim

It is important to seek medical attention as soon as possible once you are experiencing symptoms after being exposed to certain hazards in the workplace. This will help strengthen your personal injury claim. The longer you wait to seek treatment, the easier it will be for your employer to challenge your claim. Even if you do not go to an emergency room or medical facility, initially seeking help through Telemedicine will establish your symptoms and recommendations from a medical professional.

If you are being treated for COVID, it is important to go through the entire treatment plan and significantly improve or recover completely as you go through any claims or litigation. If you are seeking a claim against an employer, chances are they will want to settle for any injuries and remove themselves from liability. A personal injury attorney can advise on the best course of action.

Depending on the type of personal injury claim you are seeking, it is important to consider not only whether your claim has merit but will be able to be paid. If you are in an accident where you also contract COVID, getting the insurance company to address this may be difficult without the help of a personal injury attorney. Additionally, businesses are having their own challenges, which may make it difficult for a personal injury claim to be paid as a result of financial hardship. This could prevent you from receiving the compensation you are seeking for your injuries. A personal injury attorney can gather evidence and present the best possible scenarios that will work to your benefit.

Getting the Right Help

Staying safe should be a high priority, but getting the right treatment to support your claim is key. For more information on how we can assist with your personal injury claim as it relates to COVID in South Carolina, contact the team at Ryan Montgomery Law today.

Workers Comp Claim in a Pandemic

Worker’s compensation claims have grown as a result of the COVID-19 pandemic. One of the main reasons for this is the deviation from standard rules on what is usually deemed hazardous. We are now in a very unique time, and although community-spread illnesses would not normally qualify because they are not typically  tied to the workplace, the pandemic opens a door where employees can become exposed in the workplace, essentially creating an infection-prone environment where workers are significantly affected.

There are many jobs now deemed essential, but hazardous conditions resulting in COVID does not guarantee coverage under workers’ compensation. It really depends on the state where you reside. There is some confusion on who will receive coverage and who won’t. In the state of South Carolina, most businesses that have three or more workers are required to carry workers’ compensation insurance. This helps employees with their financial obligations and expenses after suffering an injury or illness on the job.

Although there are many instances where employees are required to come to work, that does not mean you will be covered under workers’ compensation. It may be difficult to prove you became sick in the work environment. For those who work in the medical field, it may be easier to file a claim. In the event someone else in the office has contracted COVID and then you become sick as a result, chances are you will have a stronger basis for a claim.

What is covered under a workers’ compensation claim?

If your workers’ compensation claim is approved as a result of contracting COVID, there are a few options:

In addition to meeting certain criteria, it is important to file any COVID-related workers’ compensation claims within the time specified. You should notify your employer within 30 days. If you are sick, they should be notified via email which will also serve as evidence to back your claim. If you cannot go to work due to contracting COVID and your employer has been notified, but they do not respond to your claim, you may have to take additional action. This is one of the main reasons why working with a worker’s comp attorney from the very beginning is so important.

Contracting COVID-19 does not mean you will automatically receive workers’ compensation benefits even if you feel you were exposed and are entitled to them. Working with an experienced personal injury attorney can help to determine if you have a case before you are denied.

Don’t go through the process alone! The team at Ryan Montgomery Law can provide the assistance you need with an experienced workers comp attorney. For more information on filing a claim due to COVID-19, contact us today!

What Are Intentional Torts?

A tort is something someone does or does not do that causes you to suffer injuries. An intentional tort requires intent, whereas a tort does not. The most common intentional torts are false imprisonment, intentionally inflicting emotional distress, assault, battery, trespass to chattels, trespass to land and conversion.

False Imprisonment

If someone holds you against your will by force or threatens you with force in order to hold you against your will, or if the authorities hold you illegally, you are being falsely imprisoned. Locking someone in a room and refusing to let that person leave is an example of false imprisonment, as is someone threatening to shoot you with a firearm.

Intentionally Inflicting Emotional Distress

Sometimes, courts and others refer to this tort as “outrage.” If the defendant – the person who caused you harm – is outrageously crazy that it causes you harm, you could have a case against the defendant for intentionally inflicting emotional distress. However, the mental distress must be severe. For example, if someone tells you a loved one was killed, but the loved one is actually alive and well, this could be considered intentionally inflicting emotional distress.

Unlike other intentional torts, intent is not required to prove the intentional infliction of emotional distress.

Assault and Battery

Many people believe assault and battery are the same thing. Legally, they have two different definitions. If someone assaults you, they create apprehension of harmful or offensive touching. These two crimes are often put together because both things happen. For example, if someone says, “I’m going to slap you,” that is an assault. The battery is the physical slap. Battery also includes actions like throwing things at you or spitting on you.

Trespassing

The law divides trespassing into two categories: Trespass to chattels and trespass to land. Chattels are items that are not permanent, such as a vehicle, a pet, clothing, or a computer. Trespass to land means real estate, including your home.

To succeed in claiming trespass to chattel, the defendant must “substantially interfere” with your chattel. Simply touching something you own or even using it substantially is not considered trespass. It is when the defendant damages the chattel that it is considered trespass.

Trespass to land is not as strict. Even if someone puts their foot on your property it is trespassing as long as the defendant knows he or she is not supposed to be on your property. The real property does not have to suffer damage for a trespass claim to be successful.

Conversion

The tort of conversion is when the defendant interferes with chattel in such a manner that the interference causes you to sell the property to the defendant. For example, if the defendant damages your vehicle, then offers to buy it at a cut-rate price when you could have sold it before the damage for a fair market value, but not after the damage, that is conversion.

If you suffered from an intentional tort at the hands of someone, contact a personal injury attorney. The defendant could face criminal charges in addition to civil charges for his or her actions or inactions.

Motorcycle Accidents and Catastrophic Injuries

When you ride a motorcycle, you know that getting into an accident could cause catastrophic injuries. Sharing the road on two wheels with much larger vehicles is a risk – and of course, you do not have the protection that being inside a passenger vehicle affords. Additionally, many drivers claimed they did not see a motorcyclist after an accident.

Catastrophic Injuries

According to U.S. Code §3796b, a catastrophic injury is one that does not allow you to gainfully work on a permanent basis. These types of injuries are often traumatic brain injuries and spinal cord injuries, though others may be deemed catastrophic if they affect your ability to work.

When another vehicle hits you – or even if you hit another vehicle or a stationary object, the force of the impact can lead to catastrophic results. Additionally, any passenger vehicle weighs much more than a motorcycle. A light tap by a car to a motorcycle could result in devastating catastrophic injuries or even death.

Mitigating Catastrophic Injuries

Safe practices while riding entail more than wearing protective clothing such as leathers and a helmet. Always assume that other drivers do not see you. Even when you ride with the headlight on, people just do not look for motorcycles as they should.

Looking ahead a couple hundred feet helps, too – you can see if someone is going to pull out in front of you and still have time to slow down. Of course, those that pull out in front of you because they do not stop for a light or stop sign when you both approach an intersection at the same time may be unavoidable, but if you make an effort to anticipate these instances, you can avoid many risks going through an intersection.

Before you ride, always check your bike. Check the tire tread, the air pressure in the tires, make sure all the lights are working, and make sure the brakes work. While you can always downshift if your brakes are not in the best condition, that will not help you if you have to avoid an accident.

If you suffer from long-term or permanent injuries, you could be entitled to several types of damages, including past and future medical expenses, past and future lost wages, loss of consortium and/or companionship, inconvenience, and loss of enjoyment of life.

Motorcycle Fatality and Injury Statistics

In 2017, 5,172 people were killed and about 89,000 people were injured in motorcycle accidents, according to the National Highway Traffic Safety Administration (NHTSA). In that year, 8,715,204 vehicles were registered. Of those, only three percent were motorcycles (261,456 motorcycles). In that year, of the 20,149 million miles traveled, less than one percent were miles traveled by motorcycles.

Contact a Motorcycle Accident Attorney

While you cannot entirely eliminate the chances of a fatal or catastrophic accident because you cannot control what other drivers are doing, you can mitigate the risk. If you do get into an accident or you lost a loved one in a fatal motorcycle accident, contact a motorcycle accident attorney as soon as possible.

The Importance of Documenting Slip and Fall Cases

When you slip or trip and fall on someone’s property, it is up to you to prove that it was the property owner’s fault that you injured yourself. Thus, documenting the accident is imperative to your case, whether you want to attempt a settlement or take your case to court. A personal injury slip and fall lawyer who knows how you prove liability in your case. However, if you can provide evidence of that liability in can be very helpful to your case.

Reasons for Documenting Your Accident

If your injuries allow you to, you need to document your accident. If not, have someone who is with you document the accident for you. Include all of the evidence you can gather, photos and an accident report are two of the most important pieces.

Photos show the cause of your fall. Whether it’s a piece of uneven concrete on a sidewalk, ice not cleared from walkways, or a puddle of liquid on the floor, it is, in most cases, the responsibility of the property owner to remove those dangers.

An accident report verifies your photographic evidence. If the property owner repairs the cause of your fall, it ends up being your word against his or hers. Some insurance adjusters could even go so far as to say the incident did not happen or that it happened elsewhere.

The next piece of evidence that is also very important is your medical records. Not only do they prove your immediate injuries, but should those injuries cause long-term or permanent disabilities, you’ll have the medical proof to help you recover a fair and reasonable amount of damages.

What to Do After a Slip and Fall Accident

Immediately after a slip and fall, take photos of the accident scene. After you take photos, report the accident to a manager or property owner. If the manager or property owner asks you to complete an accident report, make sure you get a copy of it for your records. Additionally:

What to Put in an Accident Report

The more comprehensive an accident report is, the easier it is to prove to the insurance company that the property owner is responsible for your injuries. When you complete an accident report, make sure you include:

After a slip and fall injury, contact a personal injury attorney to help you with settling or litigating your case.

Large Truck Accidents: Why They Are Different

When looking for a personal injury attorney after a large truck accident, be sure to choose someone with experience in settling and litigating this type of claim. A large truck accident is different than a car accident or a motorcycle accident – or even a pedestrian accident. The mechanics of the case are the same: You can try to settle with the insurance company or litigate the matter, but this type of case has several additional issues.

The Type of Vehicle

A large truck is a heavy vehicle, which means that injuries you suffer have a higher chance of being catastrophic injuries, such as traumatic brain injuries and spinal cord injuries. These types of injuries often lead to long-term or permanent disabilities.

When you have long-term disabilities, you could be entitled to more money, including future lost wages and future medical expenses. A truck accident attorney has experience with taking various long-term or permanent injuries into consideration when helping you craft an offer to an insurance company or when asking for a certain amount during litigation.

Truck accident injuries are more often catastrophic because of the weight and size of the truck. A tractor-trailer truck that is fully loaded could weigh up to 80,000 pounds. It’s easy enough to get caught under a trailer, especially if you drive a subcompact vehicle. The truck driver may not even know you are there. Or, if a truck tips in a curve because of high winds, the weight of the truck could crush even a large pickup truck.

Multiple Insurance Companies

Another issue when dealing with truck accidents is the possibility of having more than one person or company share in the liability for your injuries. The parties that could share in a liability claim include:

For example, a truck driver is an independent contractor who hauls for Company A. Company B is contracted by Company A to perform maintenance on independent trcuks as a perk for the independents. The technician installs the brakes incorrectly. The independent driver, who is responsible for his own inspections, notices the brakes seem faulty, but loads up and takes off anyway.

The brakes on the truck fail and the driver runs into you, causing catastrophic injuries that lead to permanent disabilities. You could sue the independent driver, Company A and Company B. If the investigation finds that the brakes were defective, you might also have a claim against the brake manufacturer.

The issue here is figuring out how much liability each person at fault has and negotiating with their insurance companies to ensure you get a fair and reasonable settlement that covers future lost wages and future medical expenses.

If you suffer from injuries because of a truck accident, contact us; a truck accident attorney as soon as possible.