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When to Contact a Car Accident Lawyer in Lexington, SC

Fri, 17 Apr 2026 18:23:31 GMT

Have you recently been involved in a car accident and are unsure whether you need legal assistance? For residents of Lexington, SC, knowing when to contact a car accident lawyer is a crucial step toward securing your rights and obtaining the compensation you deserve. Whether you faced minor damages or serious injuries, timely legal support can make a significant difference in the outcome of your claim. An experienced auto accident attorney can guide you through the complexities that follow a collision, offering peace of mind during a stressful time.

This article will help you recognize the key moments when reaching out to a car accident attorney in Lexington, SC, is essential and explain why early action matters.

Why Contacting a Car Accident Lawyer Early Matters

Immediately after a car accident, many people feel overwhelmed by what to do next. While focusing on medical attention and safety is vital, contacting a car accident attorney early should also be part of your plan. The reason is simple: a knowledgeable legal professional can help protect your rights before you inadvertently make decisions that could harm your claim.

An early consultation allows your lawyer to gather crucial evidence quickly, from police reports to witness statements, and to advise you on how to communicate with insurance companies properly. Insurance adjusters may contact you soon after the accident and often attempt to settle claims quickly for less than they are worth. Without legal representation, you could accept an offer that does not fully cover your damages.

Furthermore, South Carolina’s statutes of limitations set strict deadlines for filing personal injury lawsuits. Missing these deadlines can eliminate your ability to pursue compensation altogether. Therefore, acting promptly to speak with a car accident lawyer in Lexington, SC, can make an enormous difference in your case’s success.

When Should You Contact a Car Accident Lawyer in Lexington, SC?

While every accident is unique, certain signs strongly indicate that you need to seek legal help without delay. Consider reaching out to a car accident attorney in these situations:

1. If You Sustained Injuries in the Accident

If you suffered injuries, even minor or non-visible ones such as whiplash, it is wise to contact an auto accident attorney. Injuries often manifest or worsen days after the accident, so early legal advice ensures your medical treatment is documented and your claim is properly supported.

2. When Liability Is Disputed or Unclear

If there is disagreement over who caused the accident, or if the other party’s insurance provider insists you were at fault, you need a lawyer. An experienced attorney can investigate the scene, review evidence, and help prove liability by applying local traffic laws.

3. When Dealing With Complex Insurance Issues

Insurance companies can be difficult to deal with. They may delay, deny, or undervalue claims. If you encounter pushback or confusion, a car accident lawyer becomes your advocate and negotiator, helping you secure a fair settlement.

4. If the Accident Involved Significant Property Damage or Fatalities

Severe car accidents involving major property damage, permanent disability, or loss of life require immediate legal support. These cases typically involve complex insurance claims and possibly litigation. An auto accident attorney can guide you through these challenges with experience and skill.

5. If You Are Unsure About the Legal Process

The legal system can be intimidating, especially when you are dealing with recovery and other stresses. If you do not know what to expect or how to start, contacting a car accident attorney in Lexington, SC, will help clarify the process and provide structured guidance.

The Role of a Car Accident Lawyer vs. an Auto Accident Attorney

You might hear the terms “car accident attorney” and “auto accident attorney” used interchangeably. Both refer to legal professionals who specialize in representing victims of motor vehicle accidents. Their role is to protect your rights, advise on legal options, and pursue compensation on your behalf.

At Salley Law Firm, P.A., our experienced auto accident attorneys understand the nuances of local laws and lengthy insurance procedures. We focus on tailored strategies designed to optimize the outcome for each client, whether through negotiation or litigation.

How a Car Accident Lawyer in Lexington, SC Builds Your Case

Building a strong car accident case involves more than filing paperwork. Your lawyer will:

Collect and preserve critical evidence: police reports, photos, medical records, and witness statements.
Coordinate with medical and accident reconstruction experts if necessary.
Calculate the full extent of your damages, including medical expenses, lost income, property damage, and pain and suffering.
Communicate professionally and effectively with insurance companies to counter lowball offers.
Prepare your case thoroughly for settlement discussions or court trial if a fair agreement cannot be reached.

Having an attorney handle these essential steps reduces stress and helps ensure no detail is overlooked.

Understanding South Carolina’s Time Limits for Accident Claims

The statute of limitations in South Carolina generally requires personal injury claims to be filed within three years of the car accident date. However, there can be exceptions or specific notice requirements depending on the type of claim or defendant. For instance, if a government entity is involved, the deadline is two years, and strict notice requirements apply.

Waiting too long to seek legal counsel can put your claim at risk, as gathering accurate evidence and witness testimony becomes more difficult over time. Therefore, consulting a car accident lawyer in Lexington, SC early safeguards your rights and allows ample time to build a strong case.

Take the Next Step: Secure Experienced Legal Help in Lexington, SC

If you have been involved in a car accident in Lexington, SC, do not hesitate to reach out to a trusted car accident lawyer. At Salley Law Firm, P.A., we understand the physical, financial, and emotional challenges you face after a collision. Our experienced team specializes in protecting your rights and guiding you through every step of the claims process.

Early contact increases the chances that we can help you recover maximum compensation. Call Salley Law Firm, P.A. today at (803) 356-5000 or visit our contact page to schedule a free consultation. Let us put our experience to work for you and fight for the justice you deserve right here in Lexington, SC.

Automobile Accident Attorney: What to Do After a Car Crash

Mon, 30 Jun 2025 09:05:57 GMT

When a car accident happens, knowing the right steps to take can protect your rights and future. At Salley Law Firm, P.A., an experienced automobile accident attorney in Red Bank, SC, we understand how overwhelming a crash can be. Every second counts, and acting promptly can make the difference between a strong case and a missed opportunity for compensation. In this article, we’ll guide you through what to do immediately after a car crash, highlight common mistakes to avoid, and explain why hiring a knowledgeable automobile accident lawyer early on is critical to your claim’s success.

Immediate Steps to Take After a Car Accident

In the chaotic moments following a crash, your actions will impact the legal and insurance process. Follow these key steps carefully:

1. Ensure Safety and Call 911

First and foremost, check if anyone is injured. If injuries are serious, do not move anyone unless necessary for safety. Call 911 immediately to report the accident. This creates an official record and gets emergency responders to the scene quickly.

2. Gather Critical Evidence

Collecting evidence at the scene helps build a strong case. Use your phone to:

Take photos of vehicle damage from multiple angles.
Capture the accident location, road conditions, and any traffic signs.
Photograph any visible injuries you or others sustained.
Exchange contact and insurance information with other drivers.
Identify and write down the names and contact details of any witnesses.

At Salley Law Firm, P.A., we advise clients that thorough documentation early on can prevent disputes later.

3. Do Not Admit Fault

Avoid making statements like “I’m sorry” or “It’s my fault” at the scene, as these could be used against you during claims or litigation. An automobile accident attorney will help determine fault based on evidence.

4. Report the Accident to Your Insurance Company

Promptly inform your insurer about the accident, providing factual information without speculating. Your lawyer can assist in managing communications to avoid unintentional admissions.

Common Mistakes That Can Hurt Your Case

After a car accident, many victims unintentionally damage their claims. Here are pitfalls to watch out for:

Failing to Seek Medical Attention: Sometimes injuries aren’t immediately apparent. Delaying medical treatment can allow insurance companies to argue your injuries were unrelated to the accident.
Ignoring Police Reports: Obtaining the official police report is crucial. It often contains valuable details like the officer’s assessment of fault and traffic violations.
Posting on Social Media: Be cautious about sharing accident details online. Insurance adjusters often monitor social media for contradictory information.
Settling Too Quickly: Insurance companies may offer quick settlements that undervalue your claim. Consulting an automobile accident lawyer ensures you get fair compensation.

Why You Need an Automobile Accident Lawyer in Red Bank, SC

Navigating the aftermath of a crash involves complex legal and insurance issues. At Salley Law Firm, P.A., we have over 20 years of experience representing injured clients throughout South Carolina. Our legal team fights aggressively to secure compensation for medical bills, lost wages, pain and suffering, and more.

Hiring an automobile accident attorney early helps:

Preserve vital evidence and witness statements.
Handle communications with insurance companies.
Provide expert legal advice tailored to your case.
Negotiate or litigate for maximum compensation.

The Role of Speeding and Risky Driving in Car Accidents

According to the National Highway Traffic Safety Administration (NHTSA), speeding is a leading factor in fatal crashes and increases both the risk and severity of accidents. Understanding the risks associated with speeding helps you and your attorney evaluate liability and damages more effectively.

Find Trusted Automobile Accident Lawyers in Red Bank, SC

At Salley Law Firm, P.A., we are dedicated to guiding car accident victims through the legal process with personalized care. Whether you are dealing with medical bills, insurance disputes, or complicated legal questions, our team stands ready to help.

If you or a loved one has been injured in a car crash, don’t delay—visit our auto accident page for Red Bank to learn how we can assist you.

Take Control After Your Accident—Contact Salley Law Firm Today

Recovering from an automobile accident is challenging, but you don’t have to face it alone. With over two decades of experience in personal injury and workers’ compensation law, Salley Law Firm, P.A., in Red Bank, SC, offers expert legal support to protect your rights.

If you need an automobile accident attorney or automobile accident lawyer who understands the complexities of injury law and is committed to your case, call us now at (803) 356-5000 . We provide free consultations, work on a contingency fee basis, and offer flexible appointments to fit your schedule.

Take the first step toward securing the compensation you deserve— reach out to Salley Law Firm, P.A. today.

When Should You Contact an Automobile Accident Lawyer in Red Bank, SC?

Thu, 09 Jan 2025 09:39:23 GMT

Getting into an accident can be confusing and stressful. You might wonder if you need a lawyer and, if so, when’s the best time to reach out. Knowing when to contact an automobile accident lawyer in Red Bank, SC is key to protecting your rights and getting fair compensation. Here at Salley Law Firm, we help accident victims understand their rights and support them through every step

Why You Should Contact an Automobile Accident Lawyer

Right after an accident, you may think handling everything alone is easier. However, working with a professional automobile accident attorney in Red Bank, SC can protect your rights and help you get a fair settlement. A lawyer will deal with insurance companies, collect evidence, and negotiate a settlement that covers all your losses.

When to Contact an Automobile Accident Lawyer in Red Bank, SC

1. Serious Injuries

If anyone is seriously injured, contact a lawyer promptly. Major injuries bring high medical bills and missed work, and an attorney ensures you’re compensated fairly.

2. Unclear Fault

If fault is uncertain, a lawyer can gather evidence to clarify who was responsible. At Salley Law Firm, we work to build strong cases to secure fair compensation.

3. Insurance Challenges

Insurance companies often aim to minimize payouts. An experienced lawyer can help negotiate a fair settlement, so you don’t settle for less than you deserve.

How Can an Automobile Accident Lawyer Help?

A lawyer does more than just fill out forms. Here’s how they can support you:

• Investigating the Accident:

Lawyers gather witness statements, review police reports, and collect other evidence to strengthen your case.

• Calculating Costs:

They help ensure you’re compensated for medical bills, lost income, and future costs related to the accident.

• Dealing with Insurance:

A lawyer knows how to handle negotiations and won’t settle for less than what you deserve.

At Salley Law Firm, we’re dedicated to helping our clients receive the compensation they need to recover. With our experience, we make the process easier so you can focus on healing.

Misunderstandings About Hiring a Lawyer

Some people think hiring a lawyer is only necessary if they plan to sue. However, a lawyer can help you avoid court by reaching a fair settlement. Others worry that hiring a lawyer will be expensive, but most accident lawyers, like Salley Law Firm, work on a contingency basis—meaning you don’t pay unless they win your case.

Protect Your Rights and Take Action

Each accident case is unique, but acting quickly is crucial. Waiting too long can make it harder to collect evidence and get a fair settlement.

At Salley Law Firm, we offer a free consultation so you can learn more about your options. Don’t hesitate to get the legal help you need. Learn more about our services here and see how we’ve helped others get the compensation they deserve.

If you’re ready to take action, call us today to schedule your free consultation. Salley Law Firm is here to support you every step of the way.

Expert Witness In Auto Accidents

Wed, 11 Mar 2020 13:33:24 GMT

Expert Witnesses In Auto Accidents

In a court of law, expert witnesses are the only individuals that are entitled to give their opinions on matters that they have not personally observed or witnessed themselves. In order to qualify as an expert witness, an individual must have a special knowledge or proficiency in a field of study that is not common to the ordinary individual.

Many times in personal injury actions, even though an accident may seem straight forward, expert witness will be required to help prove your case to a jury or to insurance claims adjusters to ensure that you are being fully compensated for your damages.

There are several different types of expert witnesses one can utilize in proving your personal injury damages.

1) Medical Experts. These experts will be the most familiar to you as they will be your doctors and other health professionals that will testify about the injuries you have sustained in the accident. They will tell the juries and/or adjusters about the treatments you have received and your expected recovery. They may also testify about the treatments you will need in the future and about the pain, suffering, and mental anguish you have suffered as a result of your injuries.

2) Economist. Many times when you have been in a serious accident, you will miss work. When you miss time from work, you will likely suffer other adverse consequences such as the loss of promotions and loss of pension benefits. An economist will calculate and testify about the cost of your lost wages, medical expenses (past and future), and your diminished earning capacity if you have a permanent disability.

3) Highway Safety Experts. In some cases it may be necessary to hire an engineer to testify about the road conditions that existed at the time of your incident using the road designs and construction expertise.

4) Accident Reconstructionists. An accident reconstructionist will recreate the accident in order for the jury or the adjuster to see just how severe it really was. They will likely use models or computer programs to rebuild the scene and present the physics of the accident to show the speed and force of the crash. These experts are very useful in illustrating how an impact can cause significant, life altering injuries.

If you have been seriously injured in a car accident, please contact Salley Law Firm for your free consultation at (803) 356-5000. We also offer weekend and evening appointments. We have been serving injured people and their families for over 20 years.

Personal Injury Claim Basics In South Carolina

Tue, 17 Dec 2019 16:06:40 GMT

Personal Injury Claim Basics In South Carolina

A personal injury claim is one based on the physical harm to an individual caused by an at-fault party’s recklessness or carelessness and is thus classified as a tort. A tort is simply a civil wrong perpetrated by one individual against another and is based on the legal doctrine of negligence.

In order to state a successful personal injury claim against another individual, the plaintiff must establish the following four (4) separate elements by a preponderance of the evidence:

1) The defendant owed a legal duty to the plaintiff under the circumstances presented;

2) The defendant breached that legal duty by acting or failing to act as the circumstances required;

3) The defendant’s actions were the actual cause of the plaintiff’s injuries; and,

4) The plaintiff has suffered damages as a result of the defendant’s breach.

The duty of care varies by situation but is generally such that a reasonably prudent person in the same situation as the defendant would have acted differently given the same or similar circumstances.

Resolution of a personal injury action is usually resolved by either a settlement or a jury trial. If the defendant is found liable for the plaintiff’s injuries, a monetary award is given to the plaintiff to restore him/her to as nearly as possible the state they were in before the accident.

Types Of Personal Injury

Personal injury claims come in a variety of different forms and depend on the circumstances of each case and how the injury occurred. Some common types of personal injury actions stem from:

• Automobile accidents

• Motorcycle accidents

• Pedestrian accidents

• Tractor-trailer accidents

• Slip and fall accidents

• Workplace accidents

• Animal bite accidents

Additional Matters to Consider

Per the South Carolina Code of Laws, Section 15-3-520 provides for a three year statute of limitations on personal injury actions. This does not mean to wait until three years after your accident to contact a lawyer. Should you be in an accident, it is best to contact a personal injury lawyer immediately. A lawyer will be able to help advise you on getting your damages taken care of in the most efficient manner so that you may begin recovering.

The at-fault driver’s insurance carrier will attempt to speak with you very soon after the accident. Do not accept any settlement offer from the at-fault driver’s insurance until you have consulted with an experienced personal-injury attorney. You cannot get any additional recovery after you have settled with the insurance carrier no matter how much worse your injuries become.

Further, the at-fault driver’s insurance carrier will also attempt to have you give them a statement as to what happened immediately before, during, and after the accident. Do not make any statements, recorded or otherwise, to the insurance carrier until you have consulted with an experienced personal injury attorney. You should take your time and reflect on the accident so that you are not pressured into misremembering details of the accident on such short notice. Further, you may still be recovering from the accident in either the hospital or at home and on painkillers. Immediately after the accident is not time for you to handle insurance negotiations on your own.

Understanding your rights is essential to protecting yourself, your family, and your property. If you have been injured by someone else’s recklessness, it is best to consult with an attorney about the specific circumstances of your injury.

Please know that our firm works on a contingency basis in personal injury actions. This means that we will not be compensated unless we get a recovery for you. Thus, there are no up-front or out-of-pocket costs for you. After consulting with us, if we believe that your case has potential for success, and you want us to represent you, only then will we enter into an agreement that identifies the percentage of compensation and costs our firm will retain in the event of your successful settlement.

If you would like to speak to one of our attorneys about any injury you have sustained, please do not hesitate to call us at 803-356-5000 or toll free at 1-800-321-6125. Salley Law Firm has been representing injured people and their families for over 20 years.

What to Do as a Passenger in an Auto Accident

Fri, 27 Sep 2019 13:52:44 GMT

YOU HAVE RIGHTS AS A PASSENGER IN AN AUTO ACCIDENT

South Carolina is a fault-based liability state. That means, if you are in an automobile accident and where another driver caused the collision, then the other driver should be responsible for the injuries. This however gets significantly more complicated when there are multiple parties involved and multiple insurance policies.

What if the other driver was uninsured?

Generally, as discussed above, the driver who caused the accident should be responsible for paying for the injuries caused by their negligence. However and unfortunately, not everyone who drives a vehicle is insured.

If you were in a vehicle driven by another individual and you all were in an accident, you have a couple of options. One, you may sue the other driver. This however will not be beneficial if the other driver has no insurance or other assets to pay a judgment. Second, you may file a claim for “uninsured motorist coverage” with the insurance of the driver of the car you were in. That does not mean you are suing the driver, it only means that you exercising your right as a passenger to coverage the driver has purchased. Remember, it was for this very purpose that the state of South Carolina mandates and the driver carries uninsured motorist coverage.

What about my health insurance?

If you have been in an accident as a passenger, it is best to get the treatment you need immediately and place any medical expenses on your own health insurance. This will allow you to begin recovering your health immediately. Your health insurance is designed for this purpose and you should take advantage of it. Do keep in mind that once you have filed a claim and begin recovering, your insurance will then usually require that you reimburse all or some of the benefits you have received from them through any recovery that is made from the at-fault parties insurance. In many cases, they will directly recover from the at-fault parties insurance through a subrogation claim.

What if the driver of the car I was in, is partially at-fault?

South Carolina uses a modified comparative negligence system. This means that even if your driver was partially to blame for the accident, you may still be able to recover for your injuries. This will usually be accomplished through a combination of the at-fault parties insurance and your driver’s insurance coverage.

Auto accidents can be extremely frightening and dangerous. Immediately after an accident is not the time to begin fighting for your rights while you are still in shock and potentially on medications. That is why it is important to consult with a qualified and experienced attorney to get the recovery you deserve. If you have been seriously injured in a car accident, please contact Salley Law Firm at (803) 356-5000. Your consultation is free and there is no fee without recovery in personal injury cases.

Maximum Medical Improvement Explained

Fri, 30 Aug 2019 20:40:18 GMT

WHAT IS MAXIMUM MEDICAL IMPROVEMENT AND HOW DOES IT AFFECT MY CLAIM?

When individuals are injured and consult with an attorney, one of the main questions for those individuals is what is my case worth? Many, many factors will affect what and how much an individual’s claim will ultimately be worth.

Many factors will be used to calculate just how much your claim will be worth in the eyes of the insurance company including such factors as:

• Medical costs and expenses, past and future

• Lost wages

• Property damage, and

• Physical pain and emotional suffering

However, another major aspect of valuing your claim comes from a term called Maximum Medical Improvement or MMI. Maximum Medical Improvement is where you have reached the full potential of recovery from the injuries you have sustained. In other words, time, effort, and medical treatment will no longer improve your condition. This is the point where you have reached your “full recovery” or you have suffered a permanent disability.

Many times during the process you may feel like your attorney is not doing enough to pursue your claim. This however is not the case. It is important for you to reach MMI before your attorney can pursue all of the damages you are entitled to receive. MMI is extremely important to reach before you receive compensation because if you have sustained a permanent disability, you will need to receive compensation for it. This means that you will need and be entitled to compensation for future medical costs and expenses in your recovery.

If you settle your claim before you have reached MMI, you will lose hundreds, maybe thousands of dollars because you are only entitled to “one bite at the apple” or in other words, recover one time from the at-fault party’s insurance company. Furthermore, if you settle early and still need treatment or surgery, you will then have to pay for those medical expenses out of your own pocket. Thus, it is important to be patient during the claims process and focus on your recovery until you have reached MMI . After you have reached MMI, you and your attorney will sit down and have a conversation about the true value of your claim and for how much you will be willing to settle.

Issues such as these are why it is extremely important to have an experience attorney in your corner. Experienced attorneys will fight for you and protect your rights. You were injured, let us fight for you. Please contact Salley Law Firm today at (803) 356-5000.

Boating Accidents Explained

Tue, 30 Jul 2019 14:46:48 GMT

Boating Accidents

Unfortunately, boating accidents are fairly common in South Carolina and can often result in very serious injury. As such, it’s never too early to be prepared in case the worst scenario happens.

If you plan on boating in South Carolina, the Department of Natural Resources (“SCDNR”) has a list of required safety equipment that you must have on your boat at all times. Also, unless accompanied by an adult 18 years of age or older, any boat operator under the age of 16 must complete a boating course approved by SCDNR if the boat has a 15 horsepower engine or greater. Every boating accident must be reported to SCDNR whenever the accident results in loss of life, loss of consciousness, medical treatment or disability in excess of 24 hours, or property damage.

Not surprisingly, alcohol is the leading cause of boating accidents in South Carolina. While South Carolina does not have a law that prohibits open containers of alcohol on boats, an operator of a boat can certainly still be charged with Boating Under the Influence (“BUI”). Any person who operates a boat on South Carolina waterways has already given implied consent under South Carolina law to undergo either a chemical test or an analysis of his or her blood or urine to determine if they are operating the vessel over the .08 legal limit. If you are found to be over the legal limit, you are subject to a large fine and up to three years imprisonment in addition to the successful completion of an alcohol and drug safety action course and a boating safety course at your own expense.

If you are injured in a boating accident in South Carolina, your accident will be governed by either South Carolina’s negligence law or it will be governed by federal maritime law. The difference is a result of where the accident actually takes place. Generally, if your accident took place in a landlocked lake, South Carolina negligence law will apply. However, if your accident took place on a body of water used for interstate or international commerce such as the Intracoastal Waterway for one example, it will fall under the jurisdiction of federal maritime law. It is important to understand the rights and procedures of each and how they will affect your rights. If you have been injured in a boating accident, please do not hesitate to call our firm to discuss your case. Your consultation is free and we also offer evening and weekend appointments.

Additional Matters to Consider

Per the South Carolina Code of Laws, Section 15-3-520 provides for a three year statute of limitations on personal injury actions. This does not mean to wait until three years after your accident to contact a lawyer. Should you be involved in a boating accident, it is best to contact a personal injury lawyer immediately. A lawyer will be able to help advise you on getting your damages taken care of in the most efficient manner so that you may begin recovering.

The at-fault driver’s insurance carrier will attempt to speak with you very soon after the accident. Do not accept any settlement offer from the at-fault driver’s insurance until you have consulted with an experienced personal injury attorney. You cannot get any additional recovery after you have settled with the insurance carrier no matter how much worse your injuries become.

If you or a loved one have sustained injuries from a boating accident, please give Salley Law Firm a call at 803-356-5000. Your consultation is free and we offer evening and weekend appointments.

Tractor-Trailer Accidents

Mon, 24 Jun 2019 18:54:18 GMT

Let’s face it, we’ve all thought about whipping around that slow moving tractor-trailer truck or wondered why we even need trucks when we have planes and trains. But according to the American Trucking Association, tractor-trailers move roughly 71% of the nation’s freight by weight. Further, the Department of Transportation (“DOT”) has reported that growth in online shopping is increasing the amount of truck traffic on the nation’s highways. DOT has projected that by 2040, freight volume in the U.S. will increase by 45 percent to 29 billion tons. So basically, without the trucking industry, we wouldn’t be able to have and enjoy the things that we use on a daily basis as shelves would be empty overnight causing panic everywhere.

So, tractor-trailers are here to stay for the foreseeable future. As such, it is vitally important to understand more about these 10,000-80,000 pound beasts of machines that are carrying our goods and what you should do in the event that you or a loved one is in an accident with one.

WHAT ARE THE MAIN CAUSES OF TRACTOR-TRAILER ACCIDENTS IN SOUTH CAROLINA?

Truck drivers are required to comply with a number of state and federal safety regulations such as maintaining a professional commercial driver’s licenses, checking their load frequently to ensure the load is carefully balanced and of course, operating their vehicle so as to avoid injuring other drivers and pedestrians.

But let’s face it, truck drivers are humans just like we are. And they can make just as careless of mistakes as we can when under pressure to satisfy both employer’s, as well as, customer’s demands for on-time deliveries.

In South Carolina, the leading causes of tractor-trailer accidents are a result of:

• Distracted driving;

• Unbalanced loads;

• Driver fatigue;

• Blind spots;

• Speeding;

• Jackknifing;

• Mechanical failure or defects in equipment;

• Under-riding; or

• Poor driver training

WHO CAN BE HELD RESPONSIBLE FOR AN ACCIDENT CAUSED BY AN AT-FAULT TRACTOR-TRAILER DRIVER?

There are a number of parties that can potentially be held liable for an accident involving a tractor-trailer.

Generally, a truck driver will be considered an employee of the trucking company by which he/she is employed and thus, both the driver and the company may be held liable for your injuries. However, many times companies will claim that the truck driver is an independent contractor in an effort to avoid company liability. The trucking company will often make this claim as they are usually in a better position financially and hold higher insurance policies to pay for the grave injuries that these accidents cause.

Further, while a trucking company may be held liable for the negligent actions of its employee, it may also be held liable for its own negligent actions. This is a separate claim apart from the employee’s negligent act and can come in a number of forms including:

• Negligent hiring;

• Negligent training;

• Negligent supervision;

• Negligent entrustment;

• Negligent retention; and/or

• Negligent maintenance

The purpose of these claims is to hold trucking companies responsible for what they knew or should have known about their drivers and their tractor-trailer trucks and equipment when they cause an undue risk of harm to the public at large.

While the truck driver and the trucking company are the most likely to be held responsible for a tractor-trailer wreck, the circumstances may also justify bringing suit against the company that performed maintenance on the truck, the company that owned the cargo, or the manufacturer of the truck or individual components equipped thereon.

WHAT SHOULD YOU DO IF YOU ARE INVOLVED IN AN ACCIDENT WITH A TRACTOR-TRAILER TRUCK?

First, call 911 immediately. Emergency services, including both police and EMS, will be dispatched to the scene of the accident. While you may not feel like you need to help of either initially, it is important to have yourself checked out immediately by qualified paramedics and to have the scene documented by a police report. If you are unable, have someone call for you.

Second, if you are able, get all of the driver’s information that you possibly can. This will include the driver’s name, phone number, address, driver’s license number and vehicle tag number. This will also include the make and model of the driver’s vehicle. You should then attempt to document the scene as best as you can by taking photographs of the accident scene including all of the vehicles involved and any other pertinent evidence such as tire skid marks or traffic signs around the area.

Third, if any individuals are hanging around the scene, ask them what they may have witnessed and if they saw the accident itself, get their information, names and addresses, so that statements may be taken at a later date.

Finally, get medical attention! One of the best ways to protect yourself is with evidence and an emergency room report or a report from your primary care physician is an invaluable piece of evidence to prove your damages.

ADDITIONAL MATTERS TO CONSIDER

1) Per the South Carolina Code of Laws, Section 15-3-520 provides for a three year statute of limitations on personal injury actions. This does not mean to wait until three years after your accident to contact a lawyer! Should you be in an accident, it is best to contact a personal injury lawyer immediately. A lawyer will be able to help advise you on getting your damages taken care of in the most efficient manner so that you may begin recovering.

2) The at-fault driver’s insurance carrier will attempt to speak with you very soon after the accident. DO NOT accept any settlement offer from the at-fault driver’s insurance until you have consulted with an experienced personal-injury attorney! You cannot get any additional recovery after you have settled with the insurance carrier no matter how much worse your injuries become. Injured parties only get one bite at the apple, make sure it counts!

Further, the at-fault driver’s insurance carrier will also attempt to have you give them a statement as to what happened immediately before, during, and after the accident. DO NOT make any statements, recorded or otherwise, to the insurance carrier until you have consulted with an experienced personal-injury attorney. You should take your time and reflect on the accident so that you are not pressured into misremembering details of the accident on such short notice. Further, you may still be recovering from the accident in either the hospital or at home and on painkillers. Immediately after the accident is not time for you to handle insurance negotiations on your own.

3) Even if you may have contributed to the accident, you should still consult with an experienced personal injury attorney to see if you might be able to recover part of your damages. South Carolina uses a comparative fault system. This simply means that your award of damages may be reduced by the percentage of fault that you contributed to the accident, as long as you were less than 51% responsible. Thus, if you were 25% at fault for the accident, your award will be reduced by 25%. However, if you were more than 51% responsible, you will recover nothing. The good news is that this type of fault system only matters when and if your case goes to trial. This is why it is so important to consult with and have an attorney involved so that they can negotiate a more just settlement for you.

Please know that our firm works on a contingency basis in personal injury actions. This means that there are no attorney fees unless we get a recovery for you. Thus, there are no up-front or out-of-pocket costs for you. After consulting with us, if we believe that your case has potential for success, and you want us to represent you, only then will we enter into an agreement that identifies the percentage of compensation and costs our firm will retain in the event of your successful settlement.

If you would like to speak to one of our attorneys about any injury you have sustained, please do not hesitate to call us at 803-356-5000 or toll free at 1-800-321-6125.

Pedestrian Accidents

Tue, 21 May 2019 19:18:57 GMT

What do you need to know to protect yourself from injury while walking along the side of a roadway?

Both drivers and pedestrians must exercise what is called ‘a duty of care’ when either operating a vehicle or walking alongside a roadway. This means that both must use reasonable care to protect their own safety as well as the safety of others. Reasonable care means such care as a watchful, attentive, cautious, and prudent person would use in the same or similar circumstances and is proportionate to the danger involved.

An individual, who negligently operates a vehicle, including such actions as speeding, distracted driving, or driving under the influence of drugs or alcohol, may be liable to the injured party for their personal and property damages caused by their own negligence.

A pedestrian who fails to exercise reasonable care while walking along a roadway, including failing to use crosswalks or by darting into the roadway, may be comparatively negligent if they contributed to their injuries or to the accident in any way. South Carolina uses a comparative fault system. This simply means that your award of damages may be reduced by the percentage of fault that you contributed to the accident, as long as you were less than 51% responsible. Thus, if you were 25% at fault for the accident, your award will be reduced by 25%. However, if you were more than 51% responsible, you will recover nothing. The good news is that this type of fault system only matters when and if your case goes to trial. This is why it is so important to consult with and have an attorney involved so that they can negotiate a more just settlement for you.

What should you do if you have been in a pedestrian-vehicle accident?

First, call 911. Emergency services will dispatch both police and appropriate emergency medical services to your location. If you are unable, have someone call for you.

Second, get medical attention. A personal injury attorney will try to help you recover your expenses from the at-fault party later. The best way to protect yourself is with evidence. An emergency room report and doctor’s bills are invaluable pieces of evidence to prove your damages.

Third, if you can, get the driver’s information. This includes getting the driver’s name, phone number and address. It should also include getting the driver’s license and tag numbers as well as the make and model of his or her vehicle. If you are able, also take photographs of the accident scene and vehicle. Finally, if any witnesses are hanging around the scene, ask them what they witnessed and get their information so that statements may be taken at a later date.

ADDITIONAL MATTERS TO CONSIDER

1) Per the South Carolina Code of Laws, Section 15-3-520 provides for a three year statute of limitations on personal injury actions. This does not mean to wait until three years after your accident to contact a lawyer. Should you be in an accident, it is best to contact a personal injury lawyer immediately. A lawyer will be able to help advise you on getting your damages taken care of in the most efficient manner so that you may begin recovering.

2) The at-fault driver’s insurance carrier will attempt to speak with you very soon after the accident. DO NOT accept any settlement offer from the at-fault driver’s insurance until you have consulted with an experienced personal-injury attorney. You cannot get any additional recovery after you have settled with the insurance carrier no matter how much worse your injuries become.

Further, the at-fault driver’s insurance carrier will also attempt to have you give them a statement as to what happened immediately before, during, and after the accident. Do not make any statements, recorded or otherwise, to the insurance carrier until you have consulted with an experienced personal-injury attorney. You should take your time and reflect on the accident so that you are not pressured into misremembering details of the accident on such short notice. Further, you may still be recovering from the accident in either the hospital or at home and on painkillers. Immediately after the accident is not time for you to handle insurance negotiations on your own.

If you would like to speak to one of our attorneys about any injury you have sustained, please do not hesitate to call us at 803-356-5000 or toll free at 1-800-321-6125.

What to Know as a Passenger in an Auto Accident

Wed, 24 Apr 2019 08:10:25 GMT

South Carolina is a fault-based liability state. That means, if you are in an automobile accident and another driver caused the collision, then the other driver should be responsible for the injuries. However, this gets significantly more complicated when there are multiple parties involved and multiple insurance policies.

WHAT IF THE OTHER DRIVER WAS UNINSURED?

Generally, the driver who caused the accident should be responsible for paying for the injuries caused by their negligence. However and unfortunately, not everyone who drives a vehicle is insured.

If you were in a vehicle driven by another individual and you were in an accident, you have a couple of options. One, you may sue the other driver. This however will not be beneficial if the other driver has no insurance or other assets to pay a judgment. Second, you may file a claim for “uninsured motorist coverage” with the insurance of the driver of the car you were in. That does not mean you are suing the driver, it only means that you exercising your right as a passenger to coverage the driver has purchased. Remember, it was for this very purpose that the state of South Carolina mandates that the driver carries uninsured motorist coverage.

WHAT ABOUT MY HEALTH INSURANCE?

If you have been in an accident as a passenger, it is best to get the treatment you need immediately and place any medical expenses on your own health insurance. Your health insurance is designed for this purpose and you should take advantage of it. Do keep in mind that once you have filed a claim and begin recovering, your insurance will then usually require that you reimburse all or some of the benefits you have received from them through any recovery that is made from the at-fault parties insurance. In many cases, they will directly recover from the at-fault parties insurance through a subrogation claim.

WHAT IF THE DRIVER OF THE CAR I WAS IN IS PARTIALLY AT-FAULT?

If you have been involved in a car accident, please contact the experienced attorneys at Salley Law Firm for a free consultation at (803) 356-5000. There is no fee unless we recover for you. We also offer after hours and weekend appointments.

What You Should Know About Pedestrian Accidents

Tue, 26 Mar 2019 08:20:13 GMT

What you need to know to protect yourself from injury while walking along the side of a roadway?

An individual who negligently operates a vehicle, including such actions as speeding, distracted driving, or driving under the influence of drugs or alcohol, may be liable to the injured party for their personal and property damages caused by their own negligence.

What should you do if you have been in a pedestrian-vehicle accident?

First, call 911. Emergency services will dispatch both police and appropriate emergency medical services to your location. If you are unable, have someone call for you.

Second, get medical attention! Your health is far more important than worrying about the bills at that time. A personal injury attorney should be able to help you recover your expenses from the at-fault party later. Further, the best way to protect yourself is with evidence and an emergency room report and doctor’s bills are invaluable pieces of evidence to prove your damages.

Additional Matters to Consider

The at-fault driver’s insurance carrier will attempt to speak with you very soon after the accident. Do not accept any settlement offer from the at-fault driver’s insurance until you have consulted with an experienced personal injury attorney. You cannot get any additional recovery after you have settled with the insurance carrier no matter how much worse your injuries become.

Further, the at-fault driver’s insurance carrier will also attempt to have you give them a statement as to what happened immediately before, during, and after the accident. Do not make any statements, recorded or otherwise, to the insurance carrier until you have consulted with an experienced personal injury attorney. You should take your time and reflect on the accident so that you are not pressured into mis-remembering details of the accident on such short notice. Further, you may still be recovering from the accident in either the hospital or at home and on painkillers. Immediately after the accident is not time for you to handle insurance negotiations on your own.

If you would like to speak to one of our experienced attorneys about any injury you have sustained, please do not hesitate to call us at 803-356-5000 or toll free at 1-800-321-6125. Your consultation is free and we offer evening and weekend appointments as well as home and hospital visits.

Damages Recoverable in a Personal Injury Action

Thu, 28 Feb 2019 08:21:40 GMT

What are "damages"?

If you have been injured by the negligent conduct of another individual, you may be entitled to recover “damages.” Damages are simply a monetary compensation awarded by a court in a civil action to a person who has suffered loss due to another person’s wrongful conduct.

The purpose of awarding damages is to “make the injured party whole again.” This means restoring the individual to as close as possible as they were before the harm was inflicted by the wrongful conduct.

Generally, there are several different types of damages. The list below is a brief description of the categories of damages available in a personal injury action but is not an exhaustive list as the law of damages is very complex and thus it is important that you consult with an attorney if you have been injured due to someone else’s negligence.

NOMINAL DAMAGES

Nominal damages are minimal, token damages awarded to acknowledge that a legal right has been violated even though there may have not been actual, monetary loss. Nominal damages are recovered when an injured party has successfully established a right has been violated by a negligent party but cannot prove a loss through evidence for which they should be compensated. Further, in order to receive punitive damages (discussed below), one must be awarded nominal damages first.

COMPENSATORY DAMAGES

Compensatory damages are also called Actual Damages. These are the damages awarded to the injured party for the real or actual costs associated with making the injured party whole again. These damages are based on what losses the injured party would have avoided had the incident not occurred.

PECUNIARY DAMAGES

Pecuniary damages are a distinct set of compensatory damages. These are the damages that can be exactly calculated and measured in terms of money. Pecuniary damages are quantifiable monetary losses particular to the circumstances of the case due to the negligence of another. Examples of these damages include:

· Medical expenses and bills

· Lost wages

· Lost future income/earning potential

· Property damage and repair bills

GENERAL DAMAGES

General damages are awarded to an injured party for the losses that cannot be quantified. These non-monetary losses include intangible elements such as:

· Mental distress

· Pain and suffering

· Anguish

· Grief

· Humiliation

· Reduction in quality of life

· Limitations to engage in daily activities

PUNITIVE DAMAGES

Punitive damages are not awarded to compensate the injured party for the injury or loss suffered but to punish the negligent party for their wrongful conduct. Punitive damages also seek to deter the negligent party from committing breaches of the applicable standard of due care in the future and to put the general public on notice that such negligent conduct is not acceptable in a civil society. In South Carolina Code Section 15-32-530, an award of punitive damages must not “exceed the greater of three times the amount of compensatory damages awarded to each claimant entitled thereto or the sum of five hundred thousand dollars.”

ADDITIONAL MATTERS TO CONSIDER ON DAMAGE AWARDS

STATUTE OF LIMITATIONS - Per the South Carolina Code of Laws, Section 15-3-520 provides for a three year statute of limitations on personal injury actions. This does not mean to wait until three years after your accident to contact a lawyer!! Should you be in an accident, it is best to contact a personal injury lawyer immediately. A lawyer will be able to help advise you on getting your damages taken care of in the most efficient manner so that you may begin recovering.

COMPARATIVE NEGLIGENCE - Even if you may have contributed to the accident, you should still consult with an experienced personal injury attorney to see if you might be able to recover part of your damages. South Carolina uses a comparative fault system. This simply means that your award of damages may be reduced by the percentage of fault that you contributed to the accident, as long as you were less than 51% responsible. Thus, if you were 25% at fault for the accident, your award will be reduced by 25%. However, if you were more than 51% responsible, you will recover nothing. The good news is that this type of fault system only matters when and if your case goes to trial. This is why it is so important to consult with and have an attorney involved so that they can negotiate a more just settlement for you.

Please know that our firm works on a contingency basis in personal injury actions. This means that we will not be compensated unless we get a recovery for you. Thus, there are no up-front or out-of-pocket costs for you. After consulting with us, if we believe that your case has potential for success and you want us to represent you, only then will we enter into an agreement that identifies the percentage of compensation and costs our firm will retain in the event of your successful settlement.

If you would like to speak to one of our experienced attorneys about any injury you have sustained, please do not hesitate to call us at 803-356-5000 or toll free at 1-800-321-6125.

Why Should I Hire a Personal Injury Attorney?

Thu, 31 Jan 2019 08:22:42 GMT

Accidents are extremely traumatic and emotional experiences. After an accident you may feel alone and lost, not knowing what your next steps should be. First and foremost is concentrating on your recovery. Second, you should contact an experienced personal injury attorney.

Often times after an accident, as a victim of someone else’s negligence, you will be contacted by a number of individuals including law enforcement, doctors, and assuredly, insurance claims adjusters. They will be hounding you for paperwork and statements all while you are trying to recover from your injuries and many times while on pain medication. That is not the time to be negotiating a settlement all by yourself. That is why it is important to consult with an experienced personal injury attorney and the following are just a few reasons why.

• Liability. Even if you consider your accident to be “straight forward” or “clear cut,” An experienced attorney can better help you prepare to prove the at-fault party breached their duty of care and should be held responsible for their negligence.

• Statutory Rules and Regulations. Experienced personal injury attorneys know the law and can help you navigate your claim more quickly and efficiently. Additionally, there are often critical steps which must be taken and in the correct order or your claim may be jeopardized before you are able to recover any damages.

• Experience. Experience matters in any legal matter and especially in personal injury. An experienced personal injury attorney can evaluate your claim and determine if your claim is worth pursing and for how much you should seek in damages. Further, an attorney may be able to get you some relief right away through PIP benefits and other insurance coverage.

• Paperwork. Experienced attorneys will be able to help you navigate the deluge of paperwork and confusing terminology associated with an insurance claim. Thus, you can focus on recovering while your attorney handles all of the forms and requests by the insurance companies.

• Insurance Tactics. In relation to the confusing paperwork, experienced attorneys are better equipped to handle and decipher the insurance company lingo that is designed to trick and confuse. They will negotiate with your best interests at heart and not be tricked or pressured into a settlement without recovering for the full amount you deserve.

• Settlements. Experienced personal injury attorneys are capable of assessing your claim and its value more accurately. They have experience dealing with insurance companies and have a greater knowledge of just how much each claim should be worth. They will be able to take into account the current and future costs associated with your injuries and demand that the insurance company meet those needs in a just settlement.

• Advocate. Experienced personal injury attorneys are in your corner. While you may be overwhelmed with emotions of pain, fear, and anger, your attorney is objective and focused on your best interest. This will ensure that you do not rush into a settlement that may leave you with future, out-of-pocket expenses.

If you or a loved one has been injured, please contact Salley Law Firm at (803) 356-5000 for a free consultation!

Why You Should have Underinsured Motorist Coverage

Thu, 06 Dec 2018 08:23:22 GMT

Every insurance policy in the state of South Carolina must contain uninsured motorist coverage pursuant to S.C. Code Ann. § 38-77-150. In South Carolina, the minimum amount of coverage is $25,000.00. This coverage guarantees that if you are in an accident with a driver that does not have insurance or carries just the minimum limit, you will be at least minimally protected. However, this policy alone is often not enough to cover your expenses if you are in a serious accident and in many cases, this is all you can obtain from the at fault driver as many drivers carry this minimum limit.

Pursuant to S.C. Code Ann. § 38-77-160, South Carolinians are afforded an opportunity to purchase additional (optional) coverage under the Underinsured Motorist (“UIM”) coverage statute. Underinsured Motorist coverage is “to provide coverage in the event that damages are sustained in excess of the liability limits.” This additional layer of coverage is available for purchase through your own insurance carrier, is easily obtainable and often can be added to your existing policy in a matter of minutes. It is also fairly affordable.

To best protect yourself from this worst case scenario, many people purchase Underinsured Motorist coverage. This coverage will step in and help you to cover your damages over and above available liability coverage, including medical bills and lost income when the at-fault driver does not have sufficient liability insurance to cover your losses.

UIM coverage is recommended for most drivers and should be reasonably easy to obtain from your current insurance carrier. Check your policy and contact your insurance agent today to obtain as much protection as you possibly can afford in order to protect yourself, your family, and your property.

If you would like to speak to one of our experienced attorneys about any serious personal injury you or someone you know has sustained due to someone else’s fault, please contact Salley Law Firm today at 803-356-5000 or toll free at 1-800-321-6125. Your consultation is free and we also offer home and hospital visits.

Returning to Work After a Work Injury

Mon, 05 Nov 2018 08:23:55 GMT

Are employees allowed to return to work after an accident if they are no longer able to perform the same job duties? The answer is yes.

An employee should return to work at a different work assignment or location as long as the work complies with the authorized doctors’ work restrictions. This is called “light duty” work. If an employee returns to work with an assignment that pays lower wages, he or she is entitled to weekly benefits to supplement their income. This weekly check is for “temporary partial benefits”. An employee should always make sure that an employer is aware of work restrictions by the authorized doctor(s). The employee and the employer should make every effort to abide by those restrictions so that an employee does not prolong the healing process or re-injure themselves. Also, an employee should alert a supervisor if he or she is requested to perform duties that cause pain even if the duties are within work restriction requirements. If an employer does not have light duty work available or is completely written out of work by the authorized doctor(s), then employees are entitled to weekly benefits in lieu of wages called “temporary total disability benefits”. If an employee is out of work more than 14 days, then the employee should also be paid “temporary total disability benefits” for the first 7 days missed as well. Once an employee is able to return to work per their doctors’ restrictions, they will be asked to sign documentation to state that they are ready and able to work. The goal of both the employee and employer should be to safely rehabilitate the employee to return to work in some capacity as soon as the employee is able.

If you have been injured at work, please contact the experienced attorneys at Salley Law Firm at (803) 356-5000. We will be happy to sit down with you for a free consultation. We are here to help!

Most Common Causes of Car Accidents in SC

Wed, 10 Oct 2018 07:24:32 GMT

As a driver, you should always be aware of other drivers’ behavior on the road. Whether you notice someone swerving or being aggressive, you typically tend to avoid those people or call the police before they hurt themselves or someone else. In South Carolina, there are many causes for auto accidents.

The top contributing factors that resulted in a fatal collision are:

Driving Under the Influence (Intoxicated)

According to South Carolina Traffic Collision Fact Book 2016 , driving under the influence accounted for 206 fatal collisions in 2016. Being under the influence can include impairment due to consumption of alcohol, legal drugs (prescribed or over the counter medications) and/or illegal drugs.

Too Fast for Weather Conditions

According to the same study, 199 fatal collisions were due to speeding in hazardous weather conditions. It is always a good precautionary measure to reduce your speed and allow yourself plenty of time to arrive at your destination. The weather can have a big impact on your visibility and your braking distance.

Failure to Yield Right of Way

115 fatal collisions were due to failure to yield right of way. Failure to yield refers to:

Four-Way Intersection

The car that was at the four-way stop first, has the right of way. If both cars enter the four-way top at the same time, the car on the left must yield the right of way to the car on the right.

Three-Way Intersection

The car that is on the road where it is ending, should yield to the driver that is on a through street.

When Making a Left Turn

You must always consider the oncoming cars when making a left-hand turn.

Not Coming to a Complete Stop or Yielding Properly

Coming to a complete stop is important to adhere to so that you are aware of what other motorists’ intentions are.

If you or someone you know has sustained serious personal injuries from a car wreck in the Lexington, SC and surrounding areas caused by someone else’s negligence, the experienced attorneys at Salley Law Firm, P.A. can help. Please give us a call today at (803) 356-5000 for a free consultation.

What you need to know about a motorcycle accident

Wed, 12 Sep 2018 07:25:08 GMT

Car accidents are more common than motorcycle accidents. However, the aftermath of a motorcycle accident is usually devastating. If you find yourself facing injuries after an accident, it’s important to hire an experienced and trustworthy attorney. At Salley Law Firm, P.A. in Lexington, SC, we have handled hundreds of accident cases so we know how to defend your rights. Don’t face your accident case alone. Give us a call today at (803) 356-5000.

There are many injuries that can occur following a motorcycle accident. Those could include:

Head and/or brain injury
Back or neck injuries
Burns and/or lacerations
Damage to shoulder, ankle, and/or knee
Fractures
Spinal damage
Amputation of body parts

If you are involved in an accident, your first priority should always be to get better. By hiring the attorneys at Salley Law Firm, P.A. in Lexington, SC, we will work hard to fight for you and provide you the compensation and medical care that you deserve.

Finding yourself facing medical bills, physical therapy, possible time lost at work, and all the inconveniences of your motorcycle accident, we have provided a few recommendations to help guide you through this process.

Be sure to stay at the scene.
Check on everyone involved in the accident to make sure they are okay, if you are able.
Call and report the accident immediately to the police.
Swap information with everyone involved.
Take pictures of the scene and your injuries.
Get names and contact information for any witnesses.
Contact your insurance company promptly.
Keep track of all your medical bills, time lost at work, etc.
Don’t be eager to settle too soon.
Hire an experienced attorney.

The attorneys at Salley Law Firm, P.A., will fight hard to provide you the best possible outcome for your motorcycle accident. We know your future and wellbeing depend on it. Give us a call today at (803) 356-5000. We are here to help you.

I fell on someone else's property. Don't they have to pay?

Wed, 30 May 2018 07:25:46 GMT

Many people mistakenly believe that if they fall on someone else’s property and hurt themselves, the property owner/occupier automatically becomes responsible for their medical bills. This is not true. Just falling on someone’s property alone does not make the property owner/occupier responsible for the injuries and related medical expenses. For the property owner/occupier to be legally responsible for injuries on their property there must be some act of negligence by the property owner/occupier that breaches their duty to the person injured. In the best of scenarios, a property owner/occupier may have insured their premises with medical payment insurance, which covers an injury to a person on their property regardless of fault. However, most property owners/occupiers do not keep this type of insurance. Whether a property owner/occupier is responsible for the injuries that occur to people on their property greatly depends on the status or classification of the person on the property and the corresponding duty owed by the property owner/occupier.

Generally, there are four classifications of people who enter onto a property: 1) invitees, 2) licensees, 3) trespassers, and 4) children. Each of these classifications is owed a different duty by a property owner/occupier.

Invitees are people who enter upon property with the consent and for the benefit of the property owner/occupier. The most common example of this is someone shopping at a store. A property owner/occupier has a duty of due care to discover conditions that risk harm to those coming onto the property. The property owner/occupier also has a duty to warn of dangerous conditions, to take reasonable steps to correct the condition, and avoid unreasonable risks. Take the example of someone who slips on water on the floor in the store. The water being on the floor itself is not sufficient to make the property owner/occupier negligent. First, it must be shown that the property owner/occupier put the water on the floor or knew or should have known the water was on the floor. In proving that a property owner/occupier “should have known” water was on the floor, it needs to be shown the water was on the floor for an amount of time that would be expected for a reasonable property owner/occupier to have discovered it if they were maintaining their duty of due care. Second, it must be shown that the property owner/occupier did not take reasonable steps to warn or correct the condition. For example, if the property owner/occupier failed to put out wet floor signs in the area and did not get the water up, then they would be negligent and ultimately responsible for the injuries sustained.

Licensees are people who enter onto property for their own benefit with the property owner’s/occupier’s permission. The most commons example of this is a person visiting a friend’s home. The duty of the property owner/occupier to a licensee is to warn of concealed dangerous conditions or activities which the licensee would not be expected to discover. An example would be a hole in the yard that is covered over by grass. The property owner/occupier does not have to fix the hole, only warn that the hole is there. A person’s status as a licensee gives the property owner/occupier much less of a duty than if the person was an invitee. This means that a licensee has much less chance of making a recovery when injured on another’s property.

A trespasser is owed very little duty by a property owner/occupier, as he is there without permission. A property owner/occupier is only required not to intentionally injure the trespasser, or act in a willful or wanton way that would injure a trespasser.

Children are treated with special rules due to their inability to understand/appreciate dangers or that their entering onto someone’s property is wrong. A property owner/occupier owes a duty of due care when there is a condition on their property which is unreasonably dangerous to children. An example may be a swimming pool which is not fenced in to keep children from easily accessing it. All of the facts and circumstances would need to be considered to determine what steps need to be taken to meet the standard of due care.

Understanding the above listed classifications of people entering onto property is only the beginning of understanding the right to recovery when injured on another’s property. There are exceptions and special rules depending upon the use of property or who owns the property. If you have been injured on someone else’s property, it is best to consult with an attorney about the specific circumstances of your injury.

If you would like to speak to one of our attorneys about being injured on another person’s property or regards to any injury you have sustained, please do not hesitate to call us at 803-356-5000 or toll free at 1-800-321-6125.

Should I use my health insurance when I have been injured in an auto accident or by the negligence of another?

Tue, 10 Apr 2018 07:26:26 GMT

One of the biggest concerns of people that have been hurt is paying for the substantial medical bills they incur. The hope of most people that are injured in an auto accident or by the negligence of another person is that the at-fault driver or negligent person (hereinafter “at-fault party”) will have liability insurance to cover all of the medical expenses that they incur. Some people believe that their own personal insurance coverages should not have to pay anything, since they were not at fault, and that the at-fault party’s liability insurance should be the only one to pay. However, there are reasons that a person, who has been injured, either in an auto accident or by the negligent act of another, should use their personal health insurance to help pay medical bills.

One reason is that the at-fault party may have no or insufficient liability insurance coverage. While we wish that everyone carried insurance to cover injuries they cause to others, many people do not. This may be because they cannot afford it, cannot obtain it (due to previous acts or injuries to others) or simply are not responsible enough to do the right thing. Even when people do the right thing and obtain coverage, the policy they purchase can have exclusions, which deny coverage under certain facts or circumstances. Also, sometimes the amount of coverage that the at-fault party is able to afford cannot cover the medical expenses that come with substantial injuries. Using personal health insurance will help to protect the injured party in these circumstances. It may be the only source to pay the medical bills incurred if there is no liability insurance coverage. While the injured party will still have to pay co-pays, at least a portion of the bills will be paid by the personal health insurance provider. It is also possible that a portion of the bills will be written off due to the contract between the health care provider and the health insurance.

In the case of insufficient insurance, using health Insurance can help to maximize the benefits of what liability insurance coverage there is. Often times, the health insurance will have a subrogation interest in the liability insurance proceeds (meaning a right to be reimbursed what they have paid for injuries caused by the accident). However, many times an injured party can negotiate with their personal health insurance on how much they have to pay back or even request that their personal health insurance waive their subrogation interest. There are a number of factors that help determine whether the health insurance will take a reduction or how much of a reduction in their subrogation interest they will take. Factors such as the type of plan, the amount of liability insurance available and recovered, the amount of outstanding medical bills, the extent of injuries and damages, and other various factors depending on each individual case.

Another reason an injured party should use their personal health insurance is to maximize the compensation they receive even when there is substantial liability insurance coverage. As previously discussed, often when personal health insurance pays a medical bill, they only pay a portion of the bill and another portion will be written off due to contractual write-offs. South Carolina has the collateral source rule. The collateral source rule prohibits evidence that an injured party has received compensation from a source other than the at-fault party. Personal health insurance is a collateral source. Thus, an at-fault party cannot claim the benefit of payments by personal health insurance to avoid their responsibility to fully compensate the injured party for the injuries and damages they have caused. Therefore, the injured party can claim the full amount of their medical bills against an at-fault party even though a portion or all of the medical bills have been paid by their personal health insurance. Their personal health insurance may have a subrogation interest; however, as stated earlier, many times the amount the personal health insurance actually gets reimbursed can be negotiated. Also, the injured party will benefit from the contractual write-offs, as they will be claiming the full medical bill against the at-fault party and the amounts written off are not owed to the health insurance or the medical provider. Thus, the injured party lowers the amounts that ultimately have to be paid to medical providers and their personal health insurance, which allows a greater recovery for the injured party.

One thing to watch for is health care providers who say that the personal health insurance coverage does not apply or will not pay. Personal health insurance most often will pay for accident related injuries. Also, many health care providers are contractually required to submit bills to the personal health insurance. There may be reasons for personal health insurance to deny coverage or medical care providers to delay submission of bills to personal health insurance. If these types of issues arise, it is best to contact an attorney to know and better understand your rights.

If you have questions regarding being injured or using your health insurance to pay accident related medical bills, please do not hesitate to call us at 803-356-5000 or toll free at 1-800-321-6125.

Work related burn injuries

Fri, 30 Mar 2018 07:27:13 GMT

There are numerous jobs that require workers to work around electricity, chemicals, radiation, heated liquids, heated materials or equipment. These types of jobs put workers at an increased risk of possibly suffering permanent burn injuries and scarring that are life altering.

What compensation is available to someone suffering a permanent burn injury? First, you are entitled to medical treatment and care following your injuries until you reach maximum medical improvement. Medical treatment and care may include office visits, skin grafts, and pain medication, as a few examples. Second, you are entitled to temporary compensation for lost wages while you are out of work. Third, once you reach maximum medical improvement, you are entitled to reasonable and necessary future medical treatment and care to maintain your level of function. Fourth, if you have permanent scarring, then you could be entitled to compensation for permanent disability of the skin and possibly for disfigurement. Fifth, you are entitled to be compensated for permanent disability to other body parts caused by the burns.

Compensation for permanent impairment/disability of the skin is set forth R. 67-1101. Depending on the percentage of disability, the compensation can range from 5 to 300 weeks of benefits. If the burns result in the impairment of two or more body parts or systems and you suffer a permanent wage loss, it is possible to pursue benefits under §42-9-10 or §42-9-20, permanent and total benefits or partial disability benefits, respectively. Under §42-9-30(23) an injured worker may also get compensation for up to 50 weeks for permanent disfigurement of the face, head, neck, or other area normally exposed in employment, in addition to other compensation for serious burns or keloid scars.

Besides the damage to the skin and the disfigurement, it is important to carefully determine if the scarring from the burns is affecting any other body parts. For example, does the burned tissue cause limitations in the use of an arm or leg? If so, an injured worker may be able to recover compensation for those affected body parts. Also, many people that are seriously burned are psychologically affected as a result. The psychological injuries, if related, can also be treated under workers’ compensation. For an injured worker to properly address the extent of compensation that they are entitled to following a serious burn injury, it is best to get help from an attorney who knows your rights, what questions to ask and how to best guide an injured worker through the workers’ compensation process.

At the Salley Law Firm an initial consultation is free and will help you learn your rights. It is better to contact an attorney early on to discuss your rights, obligations and any questions that you may have, rather than waiting and possibly losing rights to the compensation you deserve.

If you would like to speak to one of our attorneys, please do not hesitate to call us at 803-356-5000 or toll free at 1-800-321-6125.

Amtrak train collision in Cayce, South Carolina results in fatalities and numerous injuries

Mon, 05 Feb 2018 08:27:54 GMT

Sunday morning at approximately 2:30 a.m. ET, an Amtrak passenger train collided with a CSX Corp. freight train outside Columbia, S.C., in Cayce, S.C. Two Amtrak employees, the engineer and the conductor, have been reported killed in the collision. There are reports of over a hundred passengers being taken to area hospitals with injuries ranging from scratches and bruises to severely broken bones. According to Gov. McMaster, it appeared that the CSX freight train was stopped on the track it was supposed to be on but that the Amtrak was on the wrong track at the time of the collision. This railroad accident follows the Amtrak railway accident last Wednesday in Virginia, when a chartered Amtrak train carrying Republican members of Congress slammed into a garbage truck. It also follows the derailment of an Amtrak train near Tacoma, Washington, in December.

With the aging transportation infrastructure in the United States, railway accidents are a growing concern. Failure to properly inspect and maintain tracks, bridges, crossings, warning signals and other railway equipment can lead to train accidents from derailments, collisions with vehicles and collisions with other trains. Railroad accidents also occur from human error in operation of trains or switches. These human errors can be from a lack of training, a lack of supervision, overworked railway employees or railway workers working while impaired. No matter the cause, railroad accidents can result in severe injuries and fatalities to passengers, occupants of vehicles struck by trains or even the nearby public.

If you or a loved one has been injured, please do not hesitate to contact Salley Law Firm, P.A. in Lexington, SC. Our dedicated and experienced attorneys are here to help you with all your questions or concerns. Our attorneys can help you deal with the complexities of liability, coverage, serious injuries and catastrophic damages that can arise from an accident.

If you would like to speak to one of our attorneys in Lexington, SC at Salley Law Firm, P.A., please do not hesitate to call us at 803-356-5000 or toll free at 1-800-321-6125. Consultation is free.

Does workers' compensation cover a pre-existing condition that is made worse by a work related accident

Wed, 20 Dec 2017 08:28:30 GMT

In Mullinax v. Winn-Dixie Stores, 318 S.C. 431, 458 S.E.2d 76 (Ct. App. 1995) , the South Carolina Court of Appeals held that a pre-existing condition that is activated, aggravated or accelerated by a work-related injury is compensable under workers’ compensation. Basically, an employer takes an employee as he finds him or her. However, it is the injured worker that must prove the activation, aggravation or acceleration of the pre-existing condition is causally related to the work injury. Just because a pre-existing condition becomes worse after a work injury does not mean the worsening is causally related to the work injury. It is required that a doctor be able to testify to a reasonable degree of medical certainty that the work injury caused the activation, aggravation or acceleration of the pre-existing injury. For a doctor to be able to do this, they must be provided all the facts and evidence regarding the injury and the pre-existing condition. An experienced workers’ compensation attorney can greatly help with making sure a doctor has all relevant information and can also make sure to address all the details in how the pre-existing condition has worsened since the work-related injury.

A person who has a pre-existing condition at the time of his employment does need to carefully review the job application and hiring paperwork. Failing to disclose a known pre-existing condition when the employer specifically inquires in the application could be a bar to compensability under workers’ compensation. If you believe that you may have an issue with compensability due to failure to disclose a pre-existing condition in your application, then you should immediately contact an attorney to help determine your rights.

If you would like to speak to one of our attorneys at Salley Law Firm, P.A.in Lexington, SC regarding a pre-existing condition that was made worse by a work-related injury, please do not hesitate to call us at 803-356-5000 or toll free at 1-800-321-6125.

What are punitive damages in South Carolina?

Mon, 09 Oct 2017 07:29:10 GMT

Punitive damages are damages given or awarded to an injured person that punish an at-fault party for reckless, willful, wanton or malicious actions or inactions. By punishing an at-fault party for such action or inaction, the at-fault party and others are discouraged in acting similarly in the future. Punitive damages are not available for every case, such as cases that involve simple negligence. Punitive damages can be awarded when an at-fault party is negligent per se in violating a statute or when an at-fault party is reckless, willful, wanton/malicious, or grossly negligent in their actions or inactions. To recover punitive damages, the conduct of the at-fault party must be proven by clear and convincing evidence. Common examples of conduct that can lead to punitive damages are drunk driving or texting while driving. Both of these examples are seen by most as reckless, willful, and wanton. Further, both of these examples are violation of South Carolina statutes and thus are negligence per se.

Punitive damages cannot be recovered by a party who has not sustained actual or nominal damages. In other words, a party must sustain some violation of a right that entitles them to damages, actual or nominal, before they have the ability to pursue punitive damages. It is not required that a party sustain an injury to their person to have a right to pursue punitive damages. Instead, punitive damages can be recovered for an injury to the person or to their property. For example, if someone was hit by a drunk driver and only their car was damaged, they can still seek punitive damages against the drunk driver.

S.C. Code Ann. §15-32-530 puts general limitations on the amount of punitive damages that may be recovered from an at-fault party. However, there are also exceptions to these limitations based upon the actions of the at-fault party. If you would like to speak to one of our attorneys about being injured by someone who may have acted recklessly, willfully, wantonly or maliciously, please do not hesitate to Salley Law Firm, P.A. at (803) 356-5000 or toll free at (800) 321-6125.

I am out of work due to my work injury.

Thu, 10 Aug 2017 07:29:51 GMT

I AM OUT OF WORK DUE TO MY WORK INJURY. WHAT SHOULD I KNOW?

If you are out of work due to a work related injury in Lexington, SC or surrounding areas, make sure that you have been written out of work by a medical provider. Do not decide on your own that you are unable to work because of your injury. Once you have been written out of work, make sure that you give a copy of the work excuse to your employer. Also, you should be sure to make a copy of any work excuse for your records.

Do I get compensated for the days the doctor holds me out of work?

Benefits for lost time from work do not kick in until you have been out of work for more than seven (7) calendar days. If you have been out of work for more than fourteen (14) calendar days, then you have a right to go back and be compensated for the first week that you missed from work. The seven and fourteen day periods do not have to be consecutively missed.

Do I get the full amount of my pay?

No. Workers’ Compensation pays two-thirds of your “average weekly wage” for the time you are out of work. Your “average weekly wage” is usually calculated based on your earnings in the employment in which you were working at the time of your injury. Specifically, “average weekly wage” is normally calculated by taking the four quarters immediately preceding the quarter in which you are injured and dividing by fifty-two (52). However, the length of your employment, merit based pay raises earned, if you are working a second job at the time of your injury and other factors can alter your “average weekly wage.”

What if the doctor releases me back to work or puts me on light duty?

First and foremost, do not refuse to return to work. Refusing to return to work will most likely lead to your termination. If the doctor releases you to return back to work and you feel that your injury interferes with your ability to work, then you should immediately contact an attorney to discuss your options.

It is always a smart idea to contact an attorney to find out what your rights are when you have been injured at work. At the Salley Law Firm in Lexington, SC, an initial consultation is free. It is better to contact an attorney early on to discuss your rights, obligations and any questions that you may have, rather than waiting and possibly losing the compensation you deserve.

If you would like to speak with one of our attorneys, please do not hesitate to contact us at 803-356-5000 or toll free at 1-800-321-6125.

My vehicle was damaged in an accident What are my rights & what else do I need to know?

Fri, 14 Jul 2017 07:30:38 GMT

Advice from a Lexington, SC Attorney Regarding an Accident

One of the most frustrating things to deal with when you are in an accident can be damage to your vehicle. Where do you have it towed? Who is supposed to repair it? What about a rental vehicle while your car is being repaired? Your car is a total loss, now what?

If your car is not drivable or you are injured in Lexington, SC and unable to drive it away, you can choose who tows your vehicle. If you know who you want to repair your vehicle, it is best to contact them to tow the vehicle. It is always good to have the information for a repair shop you trust. This will help to speed up process of repairing your vehicle, because you won’t have to deal with your vehicle being moved again or getting tow charges paid to have the vehicle moved to a repair shop. If your vehicle was towed somewhere other than the repair shop, talk with the repair shop you want to do the work, as they will often work something out with the original tow company.

If your vehicle is not drivable, the at-fault insurance carrier should supply a rental vehicle while you are without a car. A rental should be provided until your vehicle is repaired, unless the repair shop caused an undo delay. If your vehicle is deemed a total loss, the at-fault carrier will usually supply a rental vehicle until they make an offer regarding the total loss value of your vehicle.

What does “total loss” mean? In South Carolina, a vehicle is deemed a total loss if the cost of repair (parts and labor) is 75% or more of the vehicle’s fair market value. If your vehicle is a total loss, the at-fault insurance carrier is supposed to pay the fair market value of the vehicle. Make sure to request a breakdown from the at-fault carrier for the basis of their determination of the fair market value. Review it thoroughly to determine if they have included all options or upgrades on your vehicle. You can dispute the fair market value and have it addressed through a process called property damage arbitration.

What if your car can be repaired, but you don’t think the estimate is right? This is another reason to deal with a reputable body shop. Most body shops are experienced in dealing with insurance claims and adjusters regarding the cost of repair and addressing the need for additional repairs. Give a copy of the repair estimate to the body shop for their review. They should be able to do the work for the cost listed in the estimate or be able to deal with the at-fault insurance company in that regard.

What if the at-fault insurance company fails to examine, repair or determine that your vehicle is a total loss within a reasonable time? If you have collision coverage, then you can go through your insurance carrier to determine the damage to your vehicle and pay for the repair or total loss. The disadvantage regarding this option is you will be responsible for your deductible until your carrier is able to recoup the cost of repairs or amount of the total loss. However, the advantage is that you can put the vehicle damage issue behind you quickly. What if you don’t have collision coverage and the at-fault carrier is not addressing the damage to your vehicle? Contact an attorney to discuss your duty to mitigate damages and for help getting your property damage addressed.

What other things should you consider? Possible reimbursement for the loss of use of your vehicle, for the time you were not able to use your vehicle and for the at-fault insurance company failing to supply you with a rental vehicle. You can ask for the loss of value to your vehicle as a result of being damaged in an accident.

If you would like to speak to one of our attorneys at Salley Law Firm, P.A. in Lexington, SC about questions concerning damage to your vehicle or because you were injured in an accident, please do not hesitate to call us at 803-356-5000 or toll free at 1-800-321-6125.

What Should You Do If Your Employer Isn’t Cooperating After A Work Injury?

Tue, 20 Jun 2017 07:31:06 GMT

When you get injured at work, your first priority is to notify your employer that you have been injured. Your notification to your employer should be by written documentation, a text or an email. Your employer or their workers’ compensation carrier should send you to a medical provider.

In most cases, employers are willing to provide you the information for your workers’ compensation claim but in some cases, this can be quite difficult.

When your employer isn’t cooperating or your feel the medical provider doesn’t have your best interest in mind, it is important to remember that your well-being and your health is more important than trying to battle your employer alone.

At Salley Law Firm, PA, we will always put you first and never leave you unsure of what the next steps are on your case. We are experienced in handling workers’ compensation claims and will help ensure you recover the benefits you deserve.

Visit our website or give us a call at (803) 356-5000 to schedule your free consultation and to meet with one of our attorneys today!

I was injured at work, what should I do?

Thu, 09 Feb 2017 08:33:47 GMT

Get the details on how to handle an injury at work from the professionals at Salley Law Firm, P.A. in Lexington, SC.

If you are injured at work, workers’ compensation will often be your exclusive remedy for the medical expenses, lost wages and permanent injuries you sustain as a result. Given that workers’ compensation is likely the only way for you to be compensated for a work related injury, it is extremely important to know what to do. Salley Law Firm, P.A. helps to explain below.

First, report your injury immediately to a manager, supervisor or administrator. While you have ninety days to report an injury, it is best to report it immediately. This helps to specify the date and helps document the facts of what happened. As time passes, your memory will not be as good as to the specifics of how you were injured. Immediate reporting also helps if you have to prove your injury is work related. It is best that your report be in writing so that is properly documented. This written documentation will help to show that you did report the injury, how you were injured and what injuries you had. This documentation can also help refresh your memory as you proceed forward with your workers’ compensation claim. Do not trust that your manager, supervisor or administrator will document everything when you tell them.

Second, report all injuries or pain that you are feeling, even if it seems minor. You need to report all pain and injuries. Minor injuries can often seem as if they are not a big deal and will improve in no time. However, these injuries can linger and are often signs of something more serious. Many people focus on the worst of their injuries and later down the road realize that the minor injuries are worse than they thought. If you fail to mention these injuries early on, then you will likely have a much more difficult task getting these injuries covered through workers’ compensation.

Third, talk to your employer and their workers’ compensation carrier about who to see for treatment. Your employer’s workers’ compensation insurance carrier initially chooses what doctors you see. If you choose to see a doctor on your own, your treatment may not be or get covered. Also, do not refuse treatment. Refusing treatment with or recommended by the doctors chosen by the workers’ compensation carrier can severely hinder your workers’ compensation claim and likely end your right to medical treatment paid for by the workers’ compensation carrier. Also, make sure to follow the instruction of the doctors. You do not want to be found non-compliant with the recommended treatment. Again, your claim can be severely impacted.

Fourth, if the doctors release you back to work or put you on light duty, do not refuse to return to work. Refusing to return to work will most likely lead to your termination. You want to put yourself in the position of doing what you can to return to work or at least show that you are willing to return back to work. It is possible that the doctors will release you back to work even though you know you have ongoing injuries that interfere with your ability to work. When this occurs, you should immediately contact an attorney to discuss what can be done and to help fight to have those ongoing injuries treated and compensated.

Finally, it can be difficult dealing with workers’ compensation insurance carriers and the people who work on their behalf. You may feel that you are being treated unfairly or that your needs are being ignored. Contacting an attorney will help you to know your rights and determine if you need an attorney’s services. Having an attorney can help relieve some of the stress and pressure you’re under. We are used to dealing with insurance companies and know what needs to be proved to get fair and proper compensation. We can provide guidance when dealing with issues that arise from being injured. We can help to ensure that your damages and injuries are properly documented and addressed. Contacting an attorney as soon as practical is one of the best ways to protect your rights.

If you would like to speak to one of our attorneys here at Salley Law Firm, P.A. in Lexington, SC please do not hesitate to call us at 803-356-5000 or toll free at 1-800-321-6125.

I have been in a motor vehicle accident, what should I do?

Thu, 09 Feb 2017 08:32:28 GMT

When you are involved in a motor vehicle accident, it's hard to understand what to do next. Get the details from Salley Law Firm, P.A. if this should ever happen to you or a loved one in Lexington, SC or surrounding areas.

Motor vehicle accidents happen every day, but most people have no idea what they should do if they are involved in one. One of the first things to do is to assess the situation. Does someone need emergency medical care? Are there immediate safety concerns such as a fire or leaking gas? Can the vehicles be safely removed from the roadway? If a vehicle can be moved and it is not a serious accident, it is important to document the positions of the vehicles before they are moved. By documenting the positions of the vehicles, you have evidence of what the accident scene looked like if any issues arise. If it is a serious collision and there are serious injuries, it is best to wait for the authorities to arrive. Call the authorities. Let them know if someone is injured or appears to be injured. Sometimes people think the accident only resulted in minor damage to their car or that they can work out the damages with the other driver and not get the police involved. It is always best to have the police do a report and document the accident. The damage to a vehicle may be more extensive and expensive than you believe. While an at-fault driver may be willing to take care of your damages, what happens when they don’t? How are you going to prove there was an accident or how it happened? It is better to be safe than sorry when it comes to documenting the accident.

While at the scene there are things that you should do. Obtain the at-fault driver’s insurance and contact information. This will help you to contact his insurance carrier. You cannot rely on the insurance carrier to always call you. Many times, at-fault driver’s never report the claim to their carrier. Also, sometimes at-fault drivers provide false, expired or inaccurate insurance information. Having contact information will be helpful in tracking them down or possibly tracking down their actual insurance coverage. Take pictures of the vehicles and the scene. These pictures will help if a dispute arises about what happened or there are questions regarding how you could have been injured. Get names and contact information of witnesses, if possible. Many people don’t want to get involved but get the name and contact information for any witness that you can at the scene. These people can be invaluable in proving how the accident happened or helping to prove admissions that the at-fault driver made at the scene. These witnesses can also help by describing their observations of your injuries at the scene.

What if you are injured? Get treatment as soon as possible. Even if you think the injuries will go away, it is best to get checked out. Most importantly it is an opportunity to make sure that you really are okay. Getting seen by a medical provider as soon as possible will help document what injuries you had from the accident. If you delay, there will be questions as to whether your injuries were from the accident or were possibly caused some other way afterward. Also, if you don’t get seen or treated for your injuries, the insurance carriers will assume that your injuries really were not that bad. When getting treatment, report all injuries or pain that you are feeling even if it seems minor. Many times people focus on the worst of their injuries when getting treatment. However, once those injuries improve, other injuries can become more prevalent. If there is no record of an injury early on, the injury will be highly questioned by an insurance carrier. Also, the lack of documentation will make it more difficult for a doctor to properly relate it to the accident. Follow through on your treatment and your doctor’s recommendations. If you are hurting and want to improve you need to do the necessary treatment. Complaining about how bad your injuries and pain are but not doing anything to improve them only shows that they really are not that bad.

What about paying for medical bills? Submit your medical bills to your health insurance. It ensures that your bills are taken care of in case there is a dispute about liability or if there is insufficient automobile coverage to fully compensate you for your injuries. Do not allow your health care providers to tell you that your health insurance coverage does not apply or will not pay. By failing to use your health insurance they are putting you at risk of having unnecessary bills and this may be a breach of the contract they have with your health insurance carrier.

What if I have to miss work? If you are going to miss time from work, make sure you have a doctor’s excuse. Insurance carriers put no stock into time missed from work unless it is backed by medical documentation. Also, many employers require that you have a doctor’s excuse if you are going to be out of work. Also, make sure to track the time you have missed from work as accurately as possible. This will help you to give a full account of lost wages so that you can be fairly compensated.

Finally, it can be difficult dealing with insurance carriers to make sure they properly compensate you for your injuries and damages. Contacting an attorney never hurts. You can find out your rights and determine whether you really need an attorney’s services. Having an attorney can help relieve some of the stress and pressure your are under. We are used to dealing with insurance companies and know what needs to be proved to get fair and proper compensation. We can provide guidance when dealing with issues that arise from being injured. We can help to ensure that your damages and injuries are properly documented and addressed. Contacting an attorney as soon as practical is one of the best ways to protect your rights.

If you would like to speak to one of our attorneys in Lexington, SC at Salley Law Firm, P.A., please do not hesitate to call us at 803-356-5000 or toll free at 1-800-321-6125.

What is underinsured motor vehicle insurance and how does it benefit you?

Thu, 09 Feb 2017 08:31:39 GMT

Underinsured motor vehicle insurance is an additional coverage that you can purchase to protect you and your family when you have been injured by another driver. Salley Law Firm, P.A. explains.

Underinsured motor vehicle insurance is an additional coverage that you can purchase to protect you and your family when you have been injured by another driver. It is meant to help compensate you for your injuries when the at the fault driver’s liability coverage is insufficient to fully compensate you for your injuries and damages. S.C. Code Ann. § 38-77-160 requires that your insurance carrier offer you underinsured coverage when you purchase your vehicle insurance. This coverage is usually low cost compared to the overall expense of your insurance policy.

The minimum required liability coverage in South Carolina is $25,000.00 per person or $50,000.00 per accident, per S.C. Code Ann. § 38-77-140. This is the standard liability coverage carried by the majority of drivers on South Carolina roadways. This means that $25,000.00 is the most that one injured individual can get from the liability insurance carrier for an accident and the most the liability carrier will pay is $50,000.00 for one accident, no matter how many people are injured or how badly. So what happens if you are hit by a driver carrying the minimum limits required by law but your damages are more than $25,000.00 or there are so many people injured that your portion of the $50,000.00 does not fully compensate you.

That is when you look to your underinsured motorist coverage. To give you some examples:

EXAMPLE 1: You are hit by a driver carrying the minimum limits. Your medical bills are $40,000.00. The liability insurance carrier will only have $25,000.00 to pay you. This will leave you short $15,000.00 for the medical bills and you have received nothing for your pain and suffering. Unless the at fault driver has personal assets sufficient enough to pursue, you will have no other means to be properly or fully compensated for your injuries and damage. If you have purchased underinsured coverage equal to the required minimum liability limits, you will have an additional $25,000.00 to pursue to compensate you for your medical bills and pain and suffering.

EXAMPLE 2: Another driver injures you and three other people in an accident. You and the other three injured people have similar injuries and medical bills of about $15,000.00. The at fault driver carries the minimum limits of $50,000.00 per accident. This would be insufficient to fully cover the $60,000.00 of medical bills for everyone injured by the at fault driver. The liability insurance carrier would likely offer a pro rata portion of the coverage to each person injured. If it was an equal distribution, you would receive $12,500.00 as compensation. Again, if you have purchased underinsured coverage equal to the required minimum liability limits, you will have an additional $25,000.00 to help compensate you for your medical bills and pain and suffering.

Underinsured motorist vehicle coverage can be purchased in varying amounts and offers greater protection to you and your family if you or they are severely injured by another driver. You should check your policy to see if you have this coverage. You should seriously consider adding this coverage to your policy if you do not currently have it. The low overall expense of adding underinsured coverage will be more than justified if you or a family member is severely injured by another driver.

If you would like to speak to one of our attorneys about how underinsured motorist coverage works or have been injured in an accident, please do not hesitate to call Salley Law Firm, P.A. in Lexington, SC at 803-356-5000 or toll free at 1-800-321-6125.