When someone is hurt on the job, the injuries can be far more catastrophic than the immediate physical harm. Beyond the broken bones and painful surgeries that might come right away, there are lasting effects that can haunt a person for years to come. In fact, sometimes the real losses are not fully understood until years after the injury. This is why it is so important to get skilled legal representation from the outset in order to protect your rights. But what is a workers’ compensation claim, and how can you win one?
When you are injured by someone else’s negligence, you have the right to be compensated for your injuries, whether physical, financial, or emotional. Likewise, your close family members may have certain rights. But these rights are not absolute. The law does require you to exercise your rights within a reasonable amount of time. This requirement is generally known as a “statute of limitations.” Every state decides what the statute of limitations will be for each and every type of legal action, including criminal and civil matters. Statutes of limitations in South Carolina are very strict. There is almost never an exception; however, there are certain events and circumstances that change how the statute of limitations is calculated.
A lot of people are injured every year due to negligence. According to Legal Finance Journal, nearly 27,000 tort lawsuits were filed in 2005 alone. Yet only about four percent of them go to trial. People often overestimate their chances of success, as success rates are rarely better than 50 percent. Therefore, many clients may be left wondering what they actually have to prove in order to recover from a defendant, whether at trial or through a settlement. In general, South Carolina personal injury lawyers must help their clients prove four things in order to succeed in a personal injury lawsuit. A fifth element is sometimes included, but for the sake of simplicity, we only discuss the basic four here.
On June 9, 2014, the governor signed into law a new statute prohibiting the unlawful use of an electronic device while driving, specifically text messaging. This new law carries fines and other penalties designed to encourage safer driving habits. Nevertheless, distracted driving accidents happen everyday in South Carolina. More importantly, statistics show alcohol is still the number one threat to drivers.
When you lose a loved one due to another person’s negligence, you often will have a potential claim against that person for wrongful death. However, in South Carolina, there are two different types of wrongful death suits, and it is important to understand which is which. If you are a family member, as opposed to the executor or another person administering the deceased person’s estate, you would choose to mount what is referred to as a survival action.
When you are in a car accident, you expect any injuries to appear quickly, simply because of the violent nature of most auto accidents. However, it is very common for symptoms and conditions to evolve over time. This can pose a problem when you are trying to determine causation, because it can be hard to establish that an injury is a direct result of your car accident when a fair amount of time has passed. It is generally a good idea to understand the legal reasoning behind liability and statutes of limitations, so you do not waste your time filing suit when it may be too late.
In most situations, a trespasser who is injured on private property has very little recourse to seek compensation for their injury. The act of their trespassing tends to render them unable to bring suit for any harm they may have suffered. However, there are rare times when a trespasser may bring suit in South Carolina against a landowner on whose property they were harmed.
It is thankfully rare, but it does happen that when you are injured on the job, it can result in permanent disability. There are provisions in workers’ compensation law in most states for such an eventuality, though it can be a complex process to access them. If you have been permanently disabled by an on the job injury, it may be in your best interest to consult an attorney.
As we start a new year, it is important to keep in mind how many people are driving while under the influence of alcohol, and what this could mean in terms of safety, accidents, injuries, and deaths. Many people might think that they can handle one or two drinks and still get behind the wheel, but the reality is that not only are you placing other people’s lives in danger, but your blood alcohol level could very well land you with a DUI in the state of South Carolina, where the standards are strict.
Approximately 11 percent of Americans – nearly 100,000 people – suffer from pain severe and persistent enough to be called chronic. Many of them sustained such conditions from work injuries or persistent stress on muscles and joints, but at times, it can be extremely difficult for them to collect workers’ compensation or other assistance. If you are a worker diagnosed with chronic pain, you may still be entitled to workers’ compensation if you can prove the antecedents of your injury.