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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  • I was injured in a Myrtle Beach motorcycle accident. Should I sign a medical release form for the other driver's insurance company?

    Medical Release Form After a Car Wreck Derrick Law FirmYou were enjoying a cruise up Ocean Boulevard in Myrtle Beach when a car turned off a side street right in front of you. There was no way you could avoid colliding with the car and being thrown off your bike. You know the crash was not your fault, but in the days afterward, you aren’t sure what you should do. The motorcycle accident lawyers at the Derrick Law Firm have two pieces of advice: Don’t sign anything, and call an attorney!

    Why a Myrtle Beach Insurance Agent Will Want You to Sign a Medical Release

    Even if the other driver’s fault in causing your injuries is clear, his or her insurance company will do whatever it can to reduce or reject your claim for compensation. Their first move may be to ask you to sign a medical release form. The insurance adjuster will tell you that this will allow them to access your medical records so that they can pay you what you are owed. However, they are actually looking for a reason to deny your claim. Some of the things they will scour your medical records for include:

    • Apparent contradictions to statements you have already made about your injuries or medical treatment.
    • Evidence of a similar injury in the past so that they can claim your current injury was not caused by the accident.
    • Indications that you have been in a motorcycle crash before so they can throw doubt on your innocence.
    • Any history of alcohol or drug abuse that they can use to undermine your character.
    • A medical condition such as sleep apnea or prescription medication that they will say contributed to the cause of the crash.

    Your past medical history is none of the insurance company’s business, but once you sign a medical release, they will be able to access all of it to try to reduce the liability of their insured driver. This is why it is so important not to sign a medical release until you have talked to an experienced motorcycle accident attorney.

    Our Myrtle Beach Motorcycle Accident Team Will Take Over From Here

    Once you talk to the motorcycle accident attorneys at the Derrick Law Firm, we will take over communication with the insurance company for the at-fault driver. To get you the settlement you deserve, we will need to present medical records, but they will be the records we determine to be relevant to your claim, not your entire medical history. Motorcycle accident claims are not like car accident claims, so you need a lawyer with the right kind of experience. Call us to schedule a free consultation in our Myrtle Beach office today at 843.248.7486. We are also able to meet clients at our Conway, Charleston, Mt. Pleasant, Columbia, North Myrtle Beach or North Charleston office locations.


  • The insurance company won't pay enough to settle my Myrtle Beach accident claim. What can I do?

    Woman Looking at Paperwork After a Myrtle Beach Accident Derrick Law FirmEven though you have paid your premiums and have a legitimate claim after a Myrtle Beach accident, your insurance company will try a variety of tactics to deny your claim. Even if they do approve your claim, they may not offer what you deserve. Before you accept an unfair offer from your insurance company, find out what you can do to get a better settlement.

    Tips for Increasing the Value of Your Myrtle Beach Accident Claim

    The fewer reasons your insurance company has to reject or reduce the value of the claim, the more likely you are to get a fair settlement offer. You can make sure you are submitting a strong claim by taking the following steps immediately after the accident:

    • Call the police
    • Take pictures of the scene
    • Get contact information from others involved in the accident
    • Get prompt medical care
    • Contact your insurance company right away

    These actions will ensure you have the evidence you need to convince the insurance company that you were seriously injured in the accident and that the accident was not your fault. If time has passed since the accident and you were unable to do these things, you may still be able to get a fair settlement by working with an experienced accident attorney.

    Call The Derrick Law Firm for Help With a Myrtle Beach Insurance Claim

    If you have filed a legitimate claim with your insurance company and they make a low settlement offer, they may be acting in bad faith. Wherever you are in the claims process, the accident attorneys at The Derrick Law Firm in Myrtle Beach and North Myrtle Beach can step in and help you get the settlement you deserve. Whether it involves negotiating a fair offer or filing a bad faith insurance claim, our attorneys will do what it takes to get you the insurance settlement you deserve. Call our Myrtle Beach office at 843.248.7486 or fill out the contact form on this page to get in touch with us today. We are also able to meet clients at our Conway, Charleston, Mt. Pleasant, Columbia, North Myrtle Beach or North Charleston office locations.


  • How do I choose a Myrtle Beach car accident attorney?

    Desk of a Local Attorney With the Scales of Justice in Myrtle Beach Derrick Law FirmYou were seriously injured in a car accident in Myrtle Beach, and you want to make sure you get the compensation you deserve from the at-fault driver’s insurance company. You know that the best way to do that is to work with a personal injury lawyer, but with so many options, how do you choose? We offer this helpful guide.

    Choosing a Myrtle Beach Personal Injury Attorney

    You have a lot of options when choosing a personal injury attorney in the Myrtle Beach area, so how do you narrow down your choices? We think you should focus on these key areas:


    You don’t want to be a lawyer’s first car accident case. Look for a firm that has been in business for a long time and has successfully resolved hundreds of cases like yours.


    Investigating a car crash and negotiating with an insurance company require time and attention. You want a law firm with the resources to conduct a thorough investigation and with connections to the local insurance and legal communities.


    If your crash happened in Myrtle Beach, you want a lawyer who knows Myrtle Beach. Firms across South Carolina will be willing to take your case, but a local lawyer can offer advantages that out-of-towners can’t.


    You must be able to communicate freely with your legal team and to trust them to do what’s best for you. Finding a law firm that offers a free initial consultation will give you the opportunity to meet the attorneys with no obligation to hire them and decide if they are a good fit for you.

    It is important that you take the time to find the right law firm for you, rather than calling the first lawyer you come across. It can make all the difference in the amount of compensation you will get.

    Start With The Derrick Law Firm in Myrtle Beach

    With nearly 30 years of practicing personal injury law in Myrtle Beach, founding attorney Dirk Derrick offers unmatched experience in South Carolina. He and his team are committed to their clients’ success and will do whatever it takes to get the outcome you deserve. Call our Myrtle Beach office at 843.248.7486 to schedule your free initial consultation. We are also able to meet clients at our Conway, Charleston, Mt. Pleasant, Columbia, North Myrtle Beach or North Charleston office locations.


  • Should I accept the insurance company's offer to settle without an attorney?

    An insurance adjuster may make you an offer on your personal injury claim and tell you that you don't need an attorney. But, it is important to remember who the adjuster works for and that they may not have your best interests at heart. Their goal is to settle a case for the least amount of money possible. They may offer you an amount that is far lower than what you may receive by hiring a lawyer.

    Whether you choose The Derrick Law Firm or not, it is best to speak with an experienced personal injury attorney before accepting any offer, or signing any paperwork, from the insurance company.

    If you wish to speak with an attorney at The Derrick Law Firm, call for a free case review at 843-248-7486.

  • How much is my personal injury case worth?

    Many clients ask how much their personal injury case is worth before anything else. This is one of the most commonly asked questions but also one of the most difficult to answer without taking a look at all the evidence of the case.

    Each case is different and a value cannot be decided without knowing all the details of your medical records and bills, the facts concerning the accident itself, and even any potential punitive damages.

    There are three types of compensation a client with a personal injury might receive:

    1. Economic damages include medical bills and lost wages.
    2. Non-economic damages include pain and suffering as well as loss of enjoyment of life.
    3. Punitive damages occur in circumstances where the at-fault party exhibits gross negligence and/or recklessness and are meant to "punish" and deter an at-fault party from engaging or allowing the damaging behavior to occur again.

    If you are hurt by the actions of another in South Carolina, you may have a personal injury claim and need an experienced Personal Injury Lawyer to protect your rights. The Derrick Law Firm will review your case for free and make sure you get the benefits you need. Call today at 843-248-7486.

  • How long do I have to file a claim for my injury in South Carolina?

    The amount of time you have to file an injury claim depends on the type of case you have.

    For most personal injury claims in South Carolina, you have up to three years from the date of the injury to file a claim. For those injured on the job, they must give notice to their employer within 90 days of the accident.

    These deadlines may be extended if a loss or injury is not immediately apparent. If this occurs, the deadline begins when you "discover" or should have reasonably discovered the injury or loss. This may apply to injuries that occur through work over a long period of time.

    No matter what kind of injury you have, it is best to file a claim as soon as possible. If you were to miss the statute of limitations, you may lose your ability to file a claim.

    If you are unsure if you have a claim or don't know where to begin, contact Personal Injury Lawyers at The Derrick Law Firm for a free case review, 843-248-7486.

  • I was hurt while on vacation in SC, do I need to hire a SC Personal Injury Lawyer?

    Typically, if you were in an accident, it is best to hire an attorney that practices law in the state where the accident occurred. That attorney knows the state's laws and court systems. Also, it may be that an attorney in your home state is not eligible to practice law in the state where you were hurt unless they work with a local attorney or get permission from the court.

    If you are unsure if you need an attorney, or if you have a claim, contact The Derrick Law Firm today for a free case review at 843-248-7486.

  • How long have you been in business?

    The Derrick Law Firm was established in 1991 by Attorney Dirk J. Derrick in Conway, South Carolina. Since its founding, the firm has grown to multiple locations across the state of South Carolina.

    The Derrick Law Firm focuses on personal injury cases as well as denied or delayed insurance claims and serves those who were seriously injured in South Carolina.


  • Can I text while driving in South Carolina?

    Distracted driving has been on the rise and is increasing car accidents across the state.

    In June 2014, South Carolina Governor Nikki Haley signed a law into action banning texting while driving. There was a 6 month grace period that ended near the beginning of December 2014.

    Drivers may be found in violation of the law if they are seen composing, reading, or sending a message. A message can be described as a standard text, a SMS message, instant messaging, etc...

    A driver may text if he or she is legally stopped at a red light or stop sign, is using a GPS tracking device, or is a public safety official on duty.  

    Because of so many distractions, like texting and driving, car accidents and pedestrian accidents are happening more often.

    If you become injured in an accident due to another's negligence you may need a South Carolina personal injury lawyer to look out for your best interests.

    Myrtle Beach Personal Injury Attorneys at The Derrick Law Firm focus on 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.

    Have You Suffered A Personal Injury Due To The Neglect Of Others?

    If you've been hurt due to the neglect of someone else you need to speak with an experienced personal injury lawyer 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, Charleston, Mt. Pleasant, Columbia, North Myrtle Beach or North Charleston office locations.

  • Is stress or mental injury covered under Worker’s Compensation?

    If you have a mental injury caused by an extraordinary or unusual event while on the job, it may covered under Worker’s Compensation.

    The South Carolina Worker's Compensation Act covers a variety of injuries that occur on the job. There are some restrictions or requirements for mental injuries.The injury must pass a two part test to determine if it is covered through worker's compensation.

    For more information on if your injury is covered, please read our full blog detailing the requirements for mental injuries on the job.

    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, Charleston, Mt. Pleasant, Columbia, North Myrtle Beach or North Charleston office locations.