frequently asked questions
How much is my car accident case worth?
I am asked this question all the time. Each case is specific, but you can get a rough idea using this formula: Actual Damages ( Your Medical Bills) + some money for your Pain and Suffering + any Punitive Exposure against the Defendant (legal mumbo jumbo meaning the defendant was driving drunk, or was texting while driving, or fled the scene of the wreck, or any other example where a jury would want to punish the defendant.) It is well known that people receive significantly more money for their cases if they are represented by a lawyer. Call me, I will discuss your case with you even if you do not become my client, because educating the public is the right thing to do.
Do I have claim for the car accident I was just in?
First, ask yourself, am I hurt? If yes, you may very well have a claim for your car accident. Second, was the other driver marked at fault for the wreck or responsible for it? If the answer is yes, it is likely that you have a claim for your injuries that resulted from the car accident. Third, did you get medical treatment for your injuries after the accident? If yes, you most likely have a claim against the other driver for your medical expenses and injuries. I would encourage you to call me sooner rather than later as the timing of your medical care is very important to your case.
Does it matter if I waited a while before I went to see the doctor after my accident?
The short answer is yes. If you wait two, three, or four weeks before you seek medical treatment, the insurance company will likely use that “gap in treatment” as the reason for their denial of your claim. At the very least, they will use it as a reason to deny any follow-up treatment you receive after your initial check-up (This scenario assumes you went to the Emergency Room to be checked out after the wreck happened.) That means any treatment you get after the four week gap, for example, would likely not be considered by the insurance company as part of the claim. They would only consider your Emergency Room visit. For this reason, it is critical that you call me sooner rather than later so we can get you the medical care you need immediately.
When should I represent myself for my accident claim with the insurance company?
Hopefully, you went to the Emergency Room to get checked out immediately after the accident. After you do that, you will know within two to three days how badly you are hurt from the accident. Try going a day without the pain medication you got at the ER. If you are not hurt, then you should consider handling the claim yourself. You will need to get all of the medical bills and the corresponding medical records from the hospital to give to the insurance company. Or you can allow the insurance company to request them for you. If you have any doubts, call me and we can discuss it. If I think you should handle it on your own, I will tell you so.
What happens if someone dies without a will?
In the state of South Carolina, if a person dies without a will, their possessions pass by what is called intestacy. In other words, the state has laws in place to distribute the possessions of the deceased to the family. In the state of South Carolina, for example, if a man’s wife dies, her estate will go to the surviving spouse if there are no children. If there are children, then the estate is split 50/50 between the spouse and the children. The children would split the 50% evenly amongst all of them.
What does joint custody mean?
Technically, joint custody means literally a situation where the father and the mother have equal parenting rights. The child alternates between the father and mother every other day or an agreed upon weekly schedule. However, oftentimes the language of joint custody is used but a parent is named as the primary caregiver. For example, the mother would have primary custody, keeping the children during the week. The father would have visitation rights, frequently every other weekend. Major holidays are typically split and the parents alternate holidays every year. Also, the secondary parent would receive a significant amount of vacation time during the summer. South Carolina family courts use the best interest of the child to determine the best scenario, so having a stable home and school schedule are points of emphasis for the court.