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 843-248-7486, to speak directly with us about your legal concerns.

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  • Who has the right to bring a "wrongful death claim" and a "survival claim"?

    The personal representative of the estate has the right to file a wrongful death claim or a survival claim.

    If a personal representative has been appointed, the claim process can start. If not, The Derrick Law Firm can help the right person file the necessary documents in Probate Court to get appointed.

    Since 1991, SC Personal Injury Lawyer Dirk Derrick has focused on personal injury law including wrongful death claims, car accidents, workers' compensation, and other insurance based claims.

    Voted Best Lawyer in Myrtle Beach and Best Lawyer in Conway, SC, Attorney Derrick has the experience and knowledge to get you the full value of your case.

  • What is a wrongful death claim?

    A wrongful death claim is brought for the benefit of certain family members who have been harmed emotionally and/or financially by the passing of a loved one. When someone is killed by the recklessness and negligence of another's actions, a wrongful death claim is typically actionable.

    Section 15-51-20 provides that a wrongful death claim is for:

    1. The benefit of the wife, or husband, and child or children, of the person whose death shall have been so caused; and if there is not a wife/husband, child/children, then the

    2. Benefit of the parent or parents; and if there is not a parent, then the

    3. Benefit of the heirs.

    Damages payable by the wrongful death claim are measured by the loss to the beneficiaries, including:

    1. Financial loss

    2. Mental shock and suffering

    3. Wounded feelings

    4. Grief and sorrow

    5. Loss of society and companionship

    Typically, in the event of a wrongful death, you will need an experienced Personal Injury Attorney to help facilitate and settle the claim.

    If you have suffered the loss of a loved one by another's negligence, contact Myrtle Beach Injury Lawyers at The Derrick Law Firm for a FREE consultation about your potential wrongful death case. 843-248-7486.

    Personal Injury Lawyer Dirk Derrick was voted BEST ATTORNEY by the readers of the Horry Independent (2014-2017) and Myrtle Beach Herald (2016-2017) and will use his 29 years of experience to get you the full value of your case.

    While The Derrick Law Firm serves the state of South Carolina, there are office locations for your convenience in Myrtle Beach, Charleston, Conway, North Myrtle Beach, Mt. Pleasant, and North Charleston, SC.

  • What is a "Survival Action?"

    If someone dies an untimely death related to another's actions, a survival action may brought for the benefit of the Estate, and includes any damages that the decedent could have sought, had he or she not died.  

    Therefore, you need to prove negligence, recklessness, or intentional conduct.

    The following damages can be obtained in a survival action:

    1. Medical bills incurred in the accident;

    2. Pain and suffering incurred before death; and

    3. Possibly punitive damages if the at-fault party was reckless or acted intentionally.

    If you lost a loved one due to another's actions, you may have a wrongful death and survival action claim. Contact Myrtle Beach Personal Injury Lawyer Dirk Derrick for a free consultation. 843-248-7486.

     

  • What info can I give an insurance company after an accident?

    If you become seriously injured in a tractor trailer truck accident, the at-fault party's insurance company will contact you about your claim.

    Before speaking with them, know that the trucking company and their insurance adjusters are experienced and will want to limit damages early on if possible.

    The adjusters represent the truck company, and owe you no loyalty. They do not look out for your best interest. Do not give them statements or sign any releases for medical records or employment records.

    In serious auto accidents, trucking companies and their insurance companies will start investigating the accident immediately.  You need to retain a truck accident attorney immediately to allow an investigation immediately after the wreck. 

    If you would like more information about your accident claim, contact an experienced Myrtle Beach Personal Injury Attorney.

    Accident Attorney Dirk Derrick of The Derrick Law Firm has over 29 years of experience in personal injury law including auto accidents, motorcycle accidents, slip and falls, workers' compensation, wrongful death, and insurance claims.

    Voted Best Attorney by the readers of the Horry Independent and Myrtle Beach Herald, The Derrick Law Firm will work to get you the full value of your case.

    Call today for your FREE consultation. 843-248-7486

    The Derrick Law Firm serves the state of South Carolina and has office locations in Myrtle Beach, Conway, North Myrtle Beach, Charleston, North Charleston, and Mt. Pleasant.

  • Are trucking companies regulated?

    Yes, the trucking industry is regulated. 

    The Federal Motor Carrier Safety Administration regulates the trucking industry with rules and regulations.  Violations of these rules and regulations often lead to accidents, and often become evidence at the trial in these cases.

    Truck accidents can cause serious injury because of the size and weight of an 18-wheeler. Cars are often crushed and people are seriously injured in these kinds of accidents.

    If you find yourself or a family member seriously injured in an accident, you may need a personal injury attorney to look out for your best interests when the insurance company will not.

    Myrtle Beach Personal Injury Lawyer Dirk Derrick has over 29 years of experience in personal injury including tractor trailer accidents, auto accidents, motorcycle accidents, slip and falls, workers' compensation, wrongful death, and insurance claims.

    Voted Best Attorney by the readers of the Horry Independent and Myrtle Beach Herald, The Derrick Law Firm will work to get you the full value of your case.

    Call today for your FREE consultation. 843-248-7486

    The Derrick Law Firm serves the state of South Carolina and has office locations in Myrtle Beach, Conway, North Myrtle Beach, Charleston, North Charleston, and Mt. Pleasant.

  • When will my workers compensation benefits be terminated?

    If you are hurt on the job, you are entitled to workers' compensation benefits. These benefits should continue until you reach a certain set of circumstances.

    Once the doctor releases you and you are able to return to work, with or without restrictions, you should receive two copies of Form 15 with Section II completed within 150 days of notification of the accident. This will indicate that workers' compensation has been stopped and for what reasons.

    If the insurance carrier stops your benefits in violation of the law, a hearing will be requested and back pay can be awarded.

    Workers' Compensation can be a challenging institution to deal with and you may need a Personal Injury Lawyer to get you the benefits you are entitled to and need in the event you are hurt on the job.

    Myrtle Beach Workers' Comp Attorney Dirk Derrick has over 29 years of experience in personal injury law and was voted Best Attorney by the readers of the Horry Independent and Myrtle Beach Herald. The Derrick Law Firm will work to get you the full value of your case.

    The Derrick Law Firm serves the state of South Carolina and has office locations in Myrtle Beach, Conway, North Myrtle Beach, Charleston, North Charleston, and Mt. Pleasant.

     

  • How do I report an on the job injury?

    If you are hurt on the job, you will need to report the accident and all injuries to your employer immediately. You should also seek medical treatment immediately, if it is needed.

    If you neglect to report the injury within 90 days of the accident, you may lose access to any workers' compensation benefits. Although you must report the injury within 90 days, you have up to two years to file a claim for the benefits.

    If a worker dies because of work related injuries, the worker's dependents, or parents if there are no dependents, must file a claim within two years of the death to claim workers' comp benefits.

    Workers' Compensation can be very confusing and tough to handle on your own. If you find yourself needing help with your benefits, you may need a Personal Injury Attorney to get you the treatment and benefits you need.

    Attorney Dirk Derrick has over 29 years of experience in workers' compensation law and will work to get you the full value of your case.

    Voted Best Attorney by the readers of the Horry Independent and Myrtle Beach Herald, The Derrick Law Firm will work to get you the full value of your case.

    Call today for your FREE consultation. 843-248-7486

    The Derrick Law Firm serves the state of South Carolina and has office locations in Myrtle Beach, Conway, North Myrtle Beach, Charleston, North Charleston, and Mt. Pleasant.

  • What treatment can I get through Workers' Compensation?

    If you are hurt at work and file a workers' compensation claim, you are entitled to all necessary medical treatment that is likely to lessen your disability or injury.

    Workers' compensation generally pays for surgery, hospitalization, medical supplies, prosthetic devices, and prescriptions. 

    Keep in mind that in order to receive these benefits you must go to the doctor chosen by your employer or its insurance representative.

    If you have questions about your current workers' compensation claim, call The Derrick Law Firm for a FREE consultation. 843-248-7486.

    Myrtle Beach Personal Injury Lawyer Dirk Derrick has over 29 years of experience in workers' compensation law.

    The Derrick Law Firm serves the state of South Carolina and has office locations in Myrtle Beach, Conway, North Myrtle Beach, Charleston, North Charleston, and Mt. Pleasant.

  • How is my workers' compensation paycheck determined?

    When you have an accident on the job and are unable to work, you are entitled to compensation at the rate of 66 2/3 percent of your average weekly wage.

    This amount is based on the four quarters prior to your injury, but no more than the maximum average weekly wage determined each year by the South Carolina Employment Security Commission. 

    If you were working two or more jobs at the time of accident, those wages may be included as part of the average weekly wage and compensation rate.

    If workers' compensation is not paying you while you are unable to work, you may need help from a personal injury lawyer.

    Myrtle Beach Workers' Compensation Attorney Dirk Derrick has over 29 years of experience in personal injury law.

    Voted Best Attorney by the readers of the Horry Independent and Myrtle Beach Herald, The Derrick Law Firm will work to get you the full value of your case.

    Call today for your FREE consultation. 843-248-7486

    The Derrick Law Firm serves the state of South Carolina and has office locations in Myrtle Beach, Conway, North Myrtle Beach, Charleston, North Charleston, and Mt. Pleasant.

  • Will I get paid for missing time from work because of my injury?

    If you are hurt on the job and are unable to work there is a seven-day waiting period before benefits can be paid from workers' compensation

    If you are out of work for more than seven days, payments will come from your employer’s insurance representative. If you are out of work for more than 14 days, you will also receive compensation for the first seven days missed. 

    You can expect payments to be made directly to you and these workers' compensation benefits should continue until the doctor releases you to return to work.

    Workers' comp benefits and procedures can become confusing or even frustrating if the insurance company denies your claim. If you have questions or concerns, contact Workers' Compensation Attorney Dirk Derrick for a FREE consultation. 843-248-7486.

    With over 29 years of experience in personal injury law, Attorney Derrick will work to get you the benefits you are entitled to through workers' compensation.

    Mr. Derrick was also voted Best Attorney by the readers of the Horry Independent and Myrtle Beach Herald.

    The Derrick Law Firm serves the state of South Carolina and has office locations in Myrtle Beach, Conway, North Myrtle Beach, Charleston, North Charleston, and Mt. Pleasant.