Frequently Asked Questions About SC Personal Injury Lawsuits

How long do I have to file a personal injury claim? What if the driver who hit me is uninsured? Why do I need to hire a personal injury lawyer?

We answer these questions and many more in our collection of frequently asked questions. Unlike many websites that provide brief yes-or-no answers to important legal questions like these, we provide detailed answers to help you get a better idea of your rights, your options, and what you can hope for in the future.

If your questions are not answered here, feel free to connect with us through our website, or call us at 843-488-5360, to speak directly with us about your legal concerns.

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  • Am I covered by workers' comp if I'm injured on my way to or from my job in Myrtle Beach?

    Workers’ compensation is available to help employees injured on the job, but there are exceptions. You may find it difficult to get coverage from workers’ compensation if you were hurt on the way to or from a job site due to what’s known as the “going and coming” rule. It’s important to understand how this rule works and if it applies to your situation.
    Myrtle Beach Workers' Compensation Lawyer The Derrick Law Firm

    When Workers’ Comp May Cover Your Traveling Injury

    In many cases, your injury simply won’t be covered under workers’ compensation if it occurred while walking, driving, or taking public transportation to work or back home. However, there are potential exceptions to this rule, and that’s why it's important to enlist the aid of a legal team that knows how the system works. An experienced workers’ comp lawyer may be able to help if:
     
    You were hurt while running an errand at your employer’s request
    You were injured while performing job-mandated duties along the way to or from work
    You were injured on a route that is inherently dangerous and directly maintained by your employer, or it is the only way to access your work location
    Your transportation method was directly provided by your employer, or you were compensated for the travel time
     
    It's important to know that workers’ compensation isn’t usually available when simply driving to or from your daily shift or to a mandatory staff meeting. However, the coming and going rule doesn’t apply when performing an unusual service that falls outside your normal duties such as coming home after traveling outside your usual route for a work emergency.
     
    If you think you may qualify for an exception to the rule, you need to contact an attorney with substantial workers’ compensation experience to help you receive the most possible compensation while dealing with a debilitating injury.

    Have You Been Injured On The Job?

    If you've been hurt at your job you need to speak with an experienced workers' compensation attorney as soon as possible. Please contact us online or call our Conway, South Carolina office directly at 843.484.0707 to schedule your free consultation. We are also able to meet clients at our Myrtle Beach, Murrells Inlet, Mt. Pleasant, North Myrtle Beach or North Charleston office locations.

  • How much does it cost to hire a wrongful death attorney in Myrtle Beach?

    The devastating personal loss of an unexpected death is often coupled with the potential for extensive medical bills and the loss of income from your deceased loved one.
    Myrtle Beach Wrongful Death Lawyer The Derrick Law Firm
     
    When a person or company needs to be held responsible for negligent actions, you may be concerned about how to afford a wrongful death attorney.
     
    Even if you are financial struggling, an experienced Myrtle Beach lawyer can fight on your behalf to hold the negligent party responsible for your loved one’s passing and help you get the compensation you deserve.

    Handling the Costs of a Myrtle Beach Wrongful Death Case

    Regardless of your financial situation, it’s important to find a skilled South Carolina attorney after a wrongful death. Since you are already dealing with a stressful and financially draining situation, wrongful death lawyers often work on a contingency basis.
     
    Using a contingency payment method means you pay no upfront money to hire a lawyer. Rather than charging you an hourly rate, the attorney instead takes payment out of the settlement won for the wrongful death.
     
    With a contingency fee arrangement, you don’t have to pay until the case is settled, which can be especially helpful if the deceased was the primary source of income for your family.  

    Costs Associated with a South Carolina Wrongful Death Case

    While adjusting to life after such an overwhelming loss, you don’t need to spend your time hunting down documents and chasing after insurance companies. A Myrtle Beach wrongful death attorney will handle these aspects of your case without requiring any upfront payment:
     
    Hiring investigators
    Gathering police reports and medical documents
    Calling on expert witnesses
    Paying court filing fees
    Negotiating with insurance adjusters
     
    There’s another extremely important reason to retain a knowledgeable legal team in this difficult time of your life. An insurance carrier or the negligent party responsible for your family member’s death may offer a settlement that is much lower than the total amount you could otherwise receive. Through the help of a firm with experience negotiating wrongful death cases, you will more likely receive the maximum amount you are legally owed.

    Has Your Loved One Died To The Negligence Of Others?

    If you're loved one has died due someone else's negligence you need to speak with an experienced wrongful death attorney as soon as possible. Contact us online or call our Myrtle Beach, South Carolina office directly at 843.488.3165 to schedule a free consultation. We are also able to meet clients at our Conway, Murrells Inlet, Mt. Pleasant, North Myrtle Beach or North Charleston office locations.

  • How is a Myrtle Beach truck accident different from a car accident?

    While the majority of auto accidents in South Carolina occur between two passenger vehicles, crashes involving larger trucks are also a common occurrence. Even if you’re a safe driver and remain aware of the dangers of large trucks, collisions still happen. 
    Myrtle Beach SC Truck Accident Lawyer Derrick Law Firm
     
    More than 1,000 injuries are reported each year across South Carolina due to truck crashes, and what causes this type of accident is different from what causes a car accident. If you were injured in a Myrtle Beach truck accident, a local attorney who understands those differences may be able to help you recover damages.

    Different Causes and Injuries for Truck Accidents

    Because trucks are larger than cars and carry heavy cargo, accidents with a truck are often caused by different factors and result in different types of injuries than those with a car. The causes of a truck accident can include:  
     
    Wider blind spots
    Shifting cargo that was loaded improperly
    Rest period log violations
    Negligence on the part of the trucking company
     
    Because catastrophic injuries are more likely if you collide with a truck rather than with a smaller vehicle, your potential for a larger settlement goes up based on the extent of your injuries and property damage. You may have a right to compensation for:
     
    Broken bones
    Permanent disfigurement and scarring
    Spinal cord or brain injuries
    Lost limbs or amputations
    Ongoing medical treatment
    Assistive care
    Loss of consortium
    Loss of work potential
    Intangible damage such as pain and emotional suffering
     
    There’s no need to deal with these injuries alone. You should seek the aid of a Myrtle Beach attorney who has experience obtaining the highest compensation possible for injuries caused by truck collisions. Because of the potential for such a large payout, an attorney is critical in helping you deal with insurance companies or at-fault parties who are likely to push back against payment.

    Possible at-Fault Parties for Truck Accidents

    Unlike a car crash on a street or highway where one driver is often at fault, there may be multiple at-fault parties in a truck accident. Our legal team may be able to show that the trucking company is also liable for damages due to:
     
    Poor hiring practices
    Training lapses
    Negligent supervision
    Lax retention policies
    Entrusting vehicles to unqualified drivers
    Failing to maintain trucks
     
    Additionally, manufacturers may be liable due to faulty truck parts. With the aid of a skilled South Carolina personal injury attorney, you may be able to bring a case against any or all of these parties.

    Have You Been Injured In A South Carolina Area Truck Accident?

    If you or a loved one was injured in a commercial truck accident in South Carolina, our experienced truck accident lawyers are ready to help right away. Contact us online, or call our Myrtle Beach, South Carolina office directly at 843.488.3165 to schedule your free consultation. We are also able to meet clients at our Conway, Murrells Inlet, Mt. Pleasant, North Myrtle Beach or North Charleston office locations.

  • Can a lawyer help get me compensation from an insurance company delaying my accident claim?

    After a Myrtle Beach accident caused by a negligent driver, you probably expect your insurance company to have you covered. Whether dealing with your own carrier or the at-fault driver’s insurance company, the last thing you expect is a denied claim.
    Myrtle Beach Denied Insurance Claim Lawyer The Derrick Law Firm
     
    When you’re already grappling with the pain of an accident and potentially lost wages, you shouldn’t have to worry about losing out on compensation during this difficult time. If an insurance provider denied your South Carolina auto, motorcycle, or truck accident claim, our experienced attorneys can walk you through your legal options.

    How a Myrtle Beach Accident Attorney Helps With Denied Claims

    Insurance is supposed to be there when you need it most. However, insurance companies only make money if they don’t pay out claims or if they pay out smaller amounts than they take in through premiums.
     
    After denying your claim, many insurance companies hope you won’t take the matter further, and they may not be particularly helpful in explaining why your claim was denied in the first place. A skilled Myrtle Beach accident attorney can help guide you through the process of appealing an insurance denial by:
     
    Reviewing your policy to ensure the carrier adequately covers your accident
    Investigating why the claim was denied to determine next steps in an appeal
    Acquiring medical documents to show the injury wasn’t a pre-existing condition
    Gathering supporting evidence to strengthen your case
    Collecting police statements to show the other driver was at fault
    Handling all communication with the insurance company and negotiating on your behalf while you are recovering
     
    With an attorney’s help, you may be able to appeal the denial and receive a payout or possibly show the insurer acted in bad faith. In that case, a lawsuit may be necessary, and our skilled legal team can help.

    Have You Been Injured In A South Carolina Area Car Accident?

    If you've been injured in a car accident you need to speak with an experienced car accident lawyer as soon as possible. Contact us online or call our Conway, South Carolina office directly at 843.484.0707 to schedule your free consultation. We are also able to meet clients at our Myrtle Beach, Murrells Inlet, Mt. Pleasant,  North Myrtle Beach or North Charleston office locations.

  • How do I prove my Myrtle Beach motorcycle accident case?

    With the annual Myrtle Beach Bike Week festivities and Atlantic Beach Bikefest, motorcyclists are a common sight on area roadways. However, increased motorcycle activity brings a corresponding rise in collisions. 
    Myrtle Beach Motorcycle Accident Lawyer Derrick Law Firm  
    South Carolina reported more than 2,000 accidents involving motorcycles per year since 2011, with most years seeing over 100 motorcyclist fatalities. When you’re injured in a motorcycle crash, you may find that you’re unable to work and facing unexpected medical debt. Those added pressures are the last thing you need to worry about while focusing on your physical recovery.
     
    If the crash was caused by another party’s negligence, you may be able to recover compensation, and our experienced Myrtle Beach personal injury lawyer can help.

    Understanding Negligence

    To collect compensation in a motorcycle accident case, you need to show that the other party acted with either negligence or reckless behavior. Under South Carolina law, that means proving one of two things:
     
    An absence of ordinary due care that any person would reasonably be expected to provide
    The other party consciously and knowingly failed to exercise reasonable or due care
    A negligent driver may have caused your accident by driving while drunk or distracted, speeding, failing to indicate a turn, or because of other traffic violations. 

    What You Need to Win Your Case

    To win damages in a motorcycle crash case, you need to show that the other party’s negligent or reckless behavior contributed in some way to the accident and injury, as well as subsequent losses.
     
    It is critical to gather and preserve evidence about your collision immediately. You may be in pain or unable to gather your own evidence during a hospital stay, which is why you need the aid of a skilled personal injury attorney. 
     
    Showing negligence and tying it to your collision requires gathering evidence from a number of sources. Medical records, police reports, witness statements, and facts from accident reconstruction experts all serve as powerful evidence in a motorcycle collision case.
     
    South Carolina law allows motorcycle crash victims to potentially recover damages, even if they were partially responsible for the accident in which they were hurt. However, their financial recovery may be reduced to reflect their percentage of responsibility. For instance, if the other party is found to be 80% at fault, your compensation may be reduced by 20% for your share of the accident fault. We can help you fight for a fair financial award.

    Potential Motorcycle Collision Case Damages

    With the proper information, an attorney can establish your injury was caused by the other party’s negligence, as well as demonstrate any ongoing medical issues and the overall impact to your life caused by the accident. You may be entitled to compensation covering:
    Emotional trauma
    Lost income
    Medical costs stemming from the injury
    Repair or replacement motorcycle expenses

    Have You Been Injured In A South Carolina Motorcycle Accident?

    If you've been injured in motorcycle accident you need to speak with an experienced motorcycle accident attorney as soon as possible. Please contact us online or call our Myrtle Beach, South Carolina office directly at 843.488.3165 to schedule your free consultation. We are also able to meet clients at our Conway, Murrells Inlet, Mt. Pleasant, North Myrtle Beach or North Charleston office locations.

  • If I’m injured in a car accident while vacationing in Myrtle Beach, should I hire a local attorney?

    If you’ve vacationed in Myrtle Beach, you know that there are many excellent venues where you can take the kids, spend time, and relax. However, a wonderful vacation with your family can be ruined quickly if you or a loved one is injured in a car accident by a negligent driver in South Carolina. If the unforeseen does happen, it’s in your best interest to contact a Myrtle Beach personal injury attorney for
    help with your case, even if you’re just visiting and don’t live in South Carolina.Myrtle Beach Personal Injury Lawyer The Derrick Law Firm

    Why You Need a Local Myrtle Beach Attorney

    If you’ve already left Myrtle Beach and gone home after your accident, you might think of hiring an attorney in your area to handle your personal injury claim. While that may seem more convenient at first, it can actually cause additional headaches and hurt your case. Here’s why you want a skilled local attorney to handle your South Carolina car accident:
     
    To avoid unnecessary delays and procedural issues if the attorney in your area isn’t licensed to practice in South Carolina
    To have an experienced team already licensed to practice law in South Carolina working with you—one who knows the details of state-specific personal injury laws
    To have a legal team with a recognized reputation and who is known in the community because of its accomplishments and skill in injury cases involving negligence  
     
    Additionally, a proficient Myrtle Beach-based legal team can be a valuable asset in proving negligence and recovering compensation for:
     
    Medical expenses
    Property damage related to the accident
    Lost wages
    Pain and suffering
     
    To bring a successful case against the at-fault driver, you need to prove that he failed to execute his duty to drive safely and, as a result, was partially or fully responsible for causing the collision. Here’s how a local Myrtle Beach attorney can help you investigate your accident: 
     
    Gather police reports and take statements from eyewitnesses
    Work directly with local insurance adjusters 
    Bring knowledge of applicable South Carolina laws to help you get the compensation you deserve
     

    Have You Been Injured In A South Carolina Area Car Accident?

    If you've been injured in a car accident you need to speak with an experienced car accident lawyer as soon as possible. Contact us online or call our Myrtle Beach, South Carolina office directly at 843.488.3165 to schedule your free consultation. We are also able to meet clients at our Conway, Murrells Inlet, Mt. Pleasant, North Myrtle Beach or North Charleston office locations.

  • Do I have a Myrtle Beach wrongful death claim?

    When a loved one dies suddenly and unexpectedly, surviving family members understandably have many questions. They want to know what happened and who is responsible. And when another person’s carelessness has caused their loved one’s death, they want to hold that person accountable. A wrongful death claim is often an effective way for surviving family members to legally address the loss they have experienced. So, how can you know if you are eligible to file a wrongful death claim?Myrtle Beach Wrongful Death Attorney The Derrick Law Firm

    Understanding a South Carolina Wrongful Death Claim

    A wrongful death is defined by the state of South Carolina as the death of a person “caused by the wrongful act, neglect or default of another.” This means, someone died as a result of another person’s carelessness or negligence. Surviving family members must prove that the person responsible for their loved one’s death acted in a manner that the average, responsible person would not have. Perhaps a driver got behind the wheel intoxicated; a company ignored consumer safety testing; or nursing home staff ignored the important needs of a patient.
     
    Additionally, it is necessary to show that the death has caused damages for surviving family members. This means, the death has caused the family financial hardship, emotional pain, loss of companionship or care, or more. Whether the deceased earned vital income for the family or provided essential childcare duties, family members in a variety of circumstances may have rights to compensation.

    Pursuing a Wrongful Death Claim in Myrtle Beach

    Once it’s been determined that another person is responsible for the death of your loved one, you may wonder how to pursue a wrongful death claim. In South Carolina, this type of claim must be filed by the administrator or executor of the deceased person’s estate. This person is often the spouse of the deceased person, a child, parent, sibling, or grandchild. Once the probate court approves the representative, he or she can then pursue a wrongful death case on behalf of any eligible family members.

    Time Limitations for South Carolina Wrongful Death Claims

    In South Carolina, the statute of limitations generally, but subject to some exceptions, starts on the date of death. You typically have three years from the date of the death for filing a wrongful death claim. Once that time frame has passed, the courts will refuse the claim. Therefore, it’s important for a wrongful death claim to be filed quickly after the death of a loved one.

    Has Your Loved One Died To The Negligence Of Others?

    If you're loved one has died due someone else's negligence you need to speak with an experienced wrongful death attorney as soon as possible. Contact us online or call our Myrtle Beach, South Carolina office directly at 843-488-5360 to schedule a free consultation. We are also able to meet clients at our Conway, Murrells Inlet, Mt. Pleasant, North Myrtle Beach or North Charleston office locations.

  • Can I obtain workers’ compensation benefits if I’m a part-time employee?

    Whether out of necessity or convenience, millions of Americans work part-time jobs. While the Fair Labor Standards Act does not specifically define part-time employment, it is generally considered a position in which an employee works less than 40 hours per week. Typically, part-time workers are not provided many of the same benefits as full-time workers, including healthcare benefits, paid time off, and retirement savings options. So, it’s natural that part-time employees may wonder where they stand when it comes to work injuries and workers’ compensation benefits.
    Myrtle Beach Workers Compensation Lawyer The Derrick Law Firm

    Myrtle Beach Part-Time Employees Can Obtain Work Injury Benefits

    In South Carolina, all employers with four or more employers are required to provide workers’ compensation benefits to employees, including part-time employees. The only exception to this rule includes certain types of workers such as some railroad workers, agricultural workers, some realtors, and some temporary workers.
    Benefits for part-time workers would be similar to those of full-time workers. Injured employees are typically able to obtain compensation for medical care, lost wages, and permanent impairment. However, each injury situation is unique, and the specific details of your employment and injury would dictate the benefits available.

    Seeking Workers’ Compensation Benefits After an Injury

    Part-time employees should follow the same steps as a full-time employee when seeking benefits after suffering an injury on the job. This includes:
     
    Report the injury to the employer.
    Seek medical care.
    Follow the advice and direction of your medical provider.
    Retain all records and receipts related to the injury.
    Consider discussing your claim with an attorney to ensure your rights are protected.
     
    Part-time workers have rights that can be protected. If you have suffered an injury in the course of your part-time job, you may be eligible for workers’ compensation benefits. 

    Have You Been Injured On The Job?

    If you've been hurt at your job you need to speak with an experienced workers' compensation attorney as soon as possible. Please contact us online or call our Conway, South Carolina office directly at 843.484.0707 to schedule your free consultation. We are also able to meet clients at our Myrtle Beach, Murrells Inlet, Mt. Pleasant, North Myrtle Beach or North Charleston office locations.

  • Should I accept a truck accident settlement from an insurance company?

    In 2017 across the U.S., there were approximately 170,000 people injured in truck crashes, and likely all the victims and their families faced pain, emotional distress, and financial worry. Most of those victims were also likely contacted by an insurance company shortly after their accident and presented with a fast option—take a settlement offer as soon as possible and move on from the accident. Whether victims and their families realize it or not, that decision can have consequences for the rest of their lives, and it’s a decision that should not be taken lightly or made quickly. Injury victims should ensure that they fully understand their rights before agreeing to any settlement, and an experienced attorney can provide the information and guidance they need to be as successful as possible.
    The Derrick Law Firm Myrtle Beach Truck Accident Lawyer

    Before You Accept a Truck Accident Settlement, Talk to a Myrtle Beach Attorney

    A personal injury attorney can act as both a guide and advocate for injury victims. An attorney can help victims understand and consider some key factors regarding injury settlement offers, including:

    The Value Of The Claim

    Many times, an insurance company’s initial settlement offer is much too low. Accepting too little compensation can create significant hardships for victims down the road, when they need continuing medical care, continue to miss work, or require other assistance. Typically, an attorney can help victims obtain a more favorable settlement because he knows how to fully and appropriately value a claim.

    Finality Of A Settlement

    Once an injury victim agrees to a settlement, it is not typically possible for a victim to revisit the settlement later to change the terms or seek further compensation. This makes it especially important to negotiate the right settlement from the start.
     
    Truck accidents are known to be especially dangerous for the passengers in the other, smaller vehicles. Truck crash victims often experience serious injuries that require medical care, rehabilitation, medication, and home and vehicle modifications. While a settlement can be an effective, helpful option for some victims, it is important to take the time to ensure that the specific settlement is in your best interest. 

    Have You Been Injured In A Myrtle Beach Area Truck Accident?

    If you or a loved one was injured in a commercial truck accident in South Carolina, our experienced truck accident lawyers are ready to help right away. Contact us online, or call our Myrtle Beach, South Carolina office directly at 843.488.3165 to schedule your free consultation. We are also able to meet clients at our Conway, Murrells Inlet, Mt. Pleasant, North Myrtle Beach or North Charleston office locations.

  • How Much Motorcycle Insurance Do I Need In Myrtle Beach?

    No one loves spending money on vehicle insurance, but because it’s possible for all drivers to be involved in a crash, it’s an important part of protecting yourself on the road. Insurance is especially important for motorcyclists, who are more likely to suffer serious injuries in an accident. So, it’s critical to understand the types of coverage available, state law requirements, and what policies can best protect you if you’re injured. 
    Do You Have The Correct Insurance For Your Myrtle Beach Motorcycle The Derrick Law Firm
     
    Many Myrtle Beach motorcyclists think that carrying the minimum insurance is enough, but the our experience has been that 95% of the time these limits just simply aren't enough.

    South Carolina Motorcycle Insurance Laws

    In South Carolina, motorcyclists are required to carry the following three types of insurance for their motorcycles:

    Bodily Injury 

    Bodily injury insurance covers others who are injured in an accident you cause. It provides compensation medical bills, lost wages, and pain and suffering. The state requires a minimum of $25,000 per person and $50,000 for all people injured in one accident.

    Property Damage 

    Property damage insurance covers the repair or replacement of any property damaged in an accident you cause, including other vehicles and vehicle contents, as well as property such as fences, buildings, or equipment. The state minimum for this coverage is $25,000.

    Uninsured Motorist

    South Carolina also requires drivers to carry uninsured motorist coverage, which provides protection for the policyholder if he is involved in a hit and run or in a crash with a driver who does not have insurance. Minimum coverage for this insurance is equivalent to the minimum amounts of bodily injury and property damage (25/50/25).
     

    Underinsured Motorist Insurance Can Protect Motorcyclists After a Crash

    In addition to these minimum requirements, insurance companies do offer other types of coverage. Underinsured motorist coverage (UIM) is important to consider. Similar to uninsured motorist coverage, UIM protects the policyholder when he is injured in a crash with a driver whose insurance is not sufficient to cover the damages suffered.
     
    For example, if a motorcyclist’s medical treatment related to the crash totals $200,000, and the at-fault driver only has the state minimum of $25,000 in coverage, the underinsured policy would kick in to cover the gap (or a portion of it, depending on the level of UIM coverage purchased). This can be particularly important for motorcyclists, as they are more likely to suffer a serious injury in a crash, which can lead to high medical bills, significant time away from work, loss of income, and necessary home and vehicle modifications. 

    Other Insurance Considerations for SC Motorcyclists

    There are also a number of other insurance options that motorcyclists can consider to address a range of damages that can occur in a crash. These include:

    Comprehensive and Collision

    These coverages provide compensation for the policyholder’s own vehicle if it is damaged in a crash or by some other means such as a theft or weather events.

    Custom Equipment 

    Custom equipment insurance covers any aftermarket parts installed on the motorcycle.

    OEM Endorsement

    This type of endorsement requires that if the motorcycle can be repaired, only new parts from the original equipment manufacturer be used.

    Have You Been Injured In A Myrtle Beach Motorcycle Accident?

    If you've been injured in motorcycle accident you need to speak with an experienced motorcycle accident attorney as soon as possible. Please contact us online or call our Myrtle Beach, South Carolina office directly at 843.488.3165 to schedule your free consultation. We are also able to meet clients at our Conway, Murrells Inlet, Mt. Pleasant, North Myrtle Beach or North Charleston office locations.