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Do I Need An Attorney For An On-The-Job Accident?

SOUTH CAROLINA ATTORNEY REVEALS LITTLE KNOWN FACTS ABOUT WORKERS’ COMP

Workers’ compensation, also known as workmen’s comp, is a state-mandated insurance system which guarantees money to employees who are hurt from a job-related injury or illness.

An employee with a work-related injury is eligible for workers’ compensation benefits irrespective of whether the employee, the employer, a coworker, a customer, or some other third party was at fault.

WHAT ARE THE WORKERS’ COMP LAWS IN NORTH CAROLINA AND SOUTH CAROLINA?

Each state has its own laws and programs for workers’ compensation. In North Carolina, all businesses which employ three or more must obtain workers’ compensation insurance. In South Carolina, similarly, every company employing more than four workers is assumed to be covered by the state’s Workers’ Compensation Act. Exceptions to these provisions in both states include federal employees, railroad workers, casual employees like domestic servants, certain real estate salespersons, and agricultural employees.

In exchange for the guaranteed benefits provided by workers’ compensation, employees generally forego the right to sue their employer for damages related to their injuries.

This is the general rule, but there are several exceptions. In certain situations, you may indeed be entitled to file a different or additional claim for damages caused by your injuries. For instance:

  • Third-Party Claim. You are injured on the job by someone who is not employed by your company, known as a “third party.”
  • Defective products. If your injury was caused by a defective product, you might have grounds for a products liability action against the product’s manufacturer.
  • Toxic substances. The manufacturer of a toxic or otherwise harmful substance is often held liable in a toxic tort lawsuit.

Additionally, if you discover that your employer does not carry workers’ compensation insurance, you will very likely be able to sue them in civil court, or collect money from a state fund.

Although workers’ compensation provides financial benefits to injured workers, these disability payments, whether temporary or permanent, are often very low and in many cases fail to compensate an employee for things like pain and suffering.

It is very important for people injured on the job to know their rights. An experienced workers’ compensation attorney can, in many cases, successfully bring a case outside the narrow limits of workers’ compensation.

OUR SOUTH CAROLINA INJURY ATTORNEYS CAN HELP AFTER AN ACCIDENT

It will cost you nothing to speak to an attorney about your injury and workers’ compensation. If you would like us to pursue the case on your behalf, we will work to secure the maximum recovery allowed under the law.

If you or a loved one is entitled to workers’ compensation benefits because of a serious injury caused by a negligent or careless third party, we are here to help. Contact our South Carolina injury lawyers today to learn your options.

Newsletters

Locations

Rock Hill

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Spartanburg

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Columbia

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Beaufort

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Charlotte

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Glossary of Common Legal Terms

Legal talk is often complex, and to the untrained ear it can sound like a completely different language. Luckily for you, the attorneys at Stewart Law Offices, LLC are here to provide simple, easy-to-understand definitions for some common legal terms which you might have heard. Acquittal: A verdict from a judge or jury that a criminal defendant is not guilty, or the evidence is insufficient to support a conviction. Admissible: Evidence is considered “admissible” if it meets all of the standards required to present it in a court of law. Affidavit: A statement (written or printed) made under oath. Alternative Dispute Resolution (ADR): A way to settle a dispute outside of the courtroom. Most ADRs involve the help of a neutral third party, such as a mediator or arbitrator. Appeal: A request made after a trial by the losing party to have the case reviewed by a higher court. Bench Trial: A...

Frequently Asked Questions About Stewart Law Offices, LLC

Stewart Law Offices, LLC is here for you when it counts. Read through this list of frequently asked questions to learn more about our firm and the legal services we provide. If you still have any questions, feel free to give us a call at 866-783-9278. What type of cases does Stewart Law Offices, LLC handle? The attorneys at Stewart Law Offices, LLC handle all facets of personal injury, including: Car accidents Drunk driving Texting while driving Motorcycle accidents Tractor trailer accidents Boating wrecks Medical malpractice Wrongful death Workers’ compensation Federal Litigation Where does Stewart Law Offices, LLC operate? Stewart Law Offices, LLC offers legal representation for injury victims across South Carolina, as well as portions in North Carolina. We currently have offices in Rock Hill, Spartanburg, Columbia, Beaufort, and Charlotte. Click here to learn more about our...

Call Anytime 24/7 for Free Consultation 888.286.5600

Does The Prosecutor Represent Me If I Am Hit By A Drunk Driver?

COLUMBIA INJURY ATTORNEYS REPRESENT VICTIMS OF DRUNK DRIVING ACCIDENTS

The South Carolina Highway Patrol charged a drunk driver after a recent crash that killed another motorist. An SUV was hit from behind and forced off the road, where it struck a tree. The victim was trapped inside his vehicle and died at the scene.

The surviving driver was charged with a felony DUI resulting in death.

At this point the state will pursue a criminal case based on that charge. In a criminal case, the family of the victim is not represented by the state, and if the drunk driver is found guilty, no damages (compensation) are given to the victim’s family.

That family, however, has every right to pursue damages in what is called a civil case, and they do not even need to wait until the criminal case has begun.

HOW DOES A CRIMINAL CASE DIFFER FROM A CIVIL CASE?

Criminal offenses are offenses against society as a whole. That means that even if one person murders another, the crime is considered an offense to everyone in society. Such cases are prosecuted on behalf of the state—not the victim. A civil case, on the other hand, happens only if the victim (or the victim’s family) files a case against the accused party with a private attorney.

It is important to know that no matter the outcome of a criminal case, a civil case can move forward. The civil case does not turn on whether a drunk driver was found guilty. If a drunk driver pleads to lesser charges or even if the driver is found not guilty, a civil case can still be filed and won against the negligent driver. This is because in a criminal case, the standard of proof is “beyond a reasonable doubt.” This is a high standard the prosecutor must meet to prove guilt.

In a civil case, however, the attorney representing a victim must only prove that the driver was negligent in causing the accident by a “preponderance of the evidence.” This means it was more likely than not that the driver caused the accident. This is a much lower standard, which is why some criminal defendants that are found “not guilty” are later held liable for the same actions in a civil case.

WHO RECEIVES DAMAGES IN A CRIMINAL CASE VS A CIVIL CASE?

As mentioned, criminal cases do not result in monetary damages to a victim or a victim’s family. A guilty defendant generally receives a fine payable to the state and/or a jail sentence. Fines collected in a criminal case will be applied to state costs, such as law enforcement salaries, school equipment or public utility upgrades.

A civil case, on the other hand, will definitely result in monetary damages if the defendant is found guilty, and there are several different types of damages:

  • Compensatory damages, awarded to compensate the victim for costs like medical expenses, lost wages and vehicle repairs.
  • Non-economic damages, represents payment for intangibles that cannot be strictly monetized, such as disfigurement, pain and suffering.
  • Punitive damages, intended strictly as punishment; a financial deterrent towards repeated negative behavior.

HIT BY A DRUNK DRIVER IN SOUTH CAROLINA?

At Stewart Law Offices, LLC, we handle civil cases for victims of all kinds of accidents. We understand that after a car crash or other serious accident, your injuries may make seeking legal assistance difficult or even impossible, so our attorneys will visit the hospital or your home any time to provide a free consultation about your legal options.

Our injury attorneys work to get victims the compensation they need, and you will not pay a fee until we reach a settlement in your favor. Call our office or fill out the contact form on our site for free advice about civil drunk driving cases.

Source: http://www.wistv.com/story/25411717/one-lane-blocked-on-i-20-due-to-fatal-accident

Note: This information is for informational purposes and does not constitute legal advice. You can only receive legal advice by meeting with an attorney

Newsletters

Locations

Rock Hill

See Address

Spartanburg

See Address

Columbia

See Address

Beaufort

See Address

Charlotte

See Address

Newsroom

Glossary of Common Legal Terms

Legal talk is often complex, and to the untrained ear it can sound like a completely different language. Luckily for you, the attorneys at Stewart Law Offices, LLC are here to provide simple, easy-to-understand definitions for some common legal terms which you might have heard. Acquittal: A verdict from a judge or jury that a criminal defendant is not guilty, or the evidence is insufficient to support a conviction. Admissible: Evidence is considered “admissible” if it meets all of the standards required to present it in a court of law. Affidavit: A statement (written or printed) made under oath. Alternative Dispute Resolution (ADR): A way to settle a dispute outside of the courtroom. Most ADRs involve the help of a neutral third party, such as a mediator or arbitrator. Appeal: A request made after a trial by the losing party to have the case reviewed by a higher court. Bench Trial: A...

Frequently Asked Questions About Stewart Law Offices, LLC

Stewart Law Offices, LLC is here for you when it counts. Read through this list of frequently asked questions to learn more about our firm and the legal services we provide. If you still have any questions, feel free to give us a call at 866-783-9278. What type of cases does Stewart Law Offices, LLC handle? The attorneys at Stewart Law Offices, LLC handle all facets of personal injury, including: Car accidents Drunk driving Texting while driving Motorcycle accidents Tractor trailer accidents Boating wrecks Medical malpractice Wrongful death Workers’ compensation Federal Litigation Where does Stewart Law Offices, LLC operate? Stewart Law Offices, LLC offers legal representation for injury victims across South Carolina, as well as portions in North Carolina. We currently have offices in Rock Hill, Spartanburg, Columbia, Beaufort, and Charlotte. Click here to learn more about our...

Call Anytime 24/7 for Free Consultation 888.286.5600

What Is Personal Injury Protection (PIP) Insurance?

NJURY ATTORNEYS DISCUSS THIS OPTION IN SOUTH CAROLINA

Personal Injury Protection, also known as PIP, is a type of car insurance that covers medical expenses and, in some cases, lost wages and other damages. Often called “no-fault” coverage because it is meant to be paid without regard to legal liability or fault, PIP is mandatory in 17 states and optional in others.

PIP insurance is not mandatory in South Carolina, but you can choose to add it to your vehicle’s insurance policy. As personal injury attorneys who fight everyday with insurance companies to give our clients the claim payouts they need and deserve, we see firsthand how important it is to have adequate coverage on your car. We believe it is a good idea in South Carolina to choose PIP coverage as a part of your overall insurance package. Too often, a person injured after an auto accident does not have enough coverage on their own policy to pay all their medical bills and lost wages, and was hit by a person with inadequate or no insurance at all.

While PIP is optional, it is worth remembering that state law does require Uninsured Motorist coverage. In South Carolina, drivers must have uninsured coverage: at least as much as the liability coverage on the vehicle. Insurance companies must offer underinsured motorist coverage, but drivers can reject underinsured coverage.

Both UM/UIM coverage is designed to help safeguard against damages caused by a driver who does not have insurance of their own. UM/UIM coverage is an important topic which we have discussed in a previous newsletter, but even UM/UIM coverage is often not enough after a serious accident.

HOW CAN PIP INSURANCE PROTECT DRIVERS AND THEIR FAMILIES?

Just last month, two women and a child were critically injured when their car ran off the right side of the road, striking a tree and flipping. In another horrifying accident last month, two women died and four other people were injured in a crash involving a car and a tractor-trailer on I-95 near the town of Emporia. A driver rolled through a stop sign, and underneath a passing semi. Six people were in the car and none of them were wearing seatbelts. One of the occupants, a 20-year-old woman, died at the scene. Another passenger died at the hospital.

If these drivers had PIP coverage, they could receive reimbursement for medical expenses and lost wages (depending on the limitations of the policy) regardless of whether or not the accident turned out to be their own fault.

IS THERE A CORRELATION BETWEEN DRUNK DRIVING AND LACK OF INSURANCE?

Drunk drivers are frequently found to be uninsured drivers; there is perhaps a correlation between irresponsible decisions when it comes to drunk driving and lack of insurance coverage. Unfortunately, drunk driving accidents occur on South Carolina roads with some regularity, and it is usually innocent motorists who pay the price. It is worth considering adding PIP coverage to new or existing insurance policies to protect yourself and your family.

OFFERING FREE ATTORNEY ADVICE ANY TIME YOU NEED IT

At Stewart Law Offices, LLC, we can help you navigate the complex world of insurance claims. If the insurance company is not willing to pay out the claim to make the client whole or to cover the damages, we are willing to go to court to protect our clients’ rights. Call our injury lawyers at any time or fill out the contact form on our site for a free consultation.

Newsletters

Locations

Rock Hill

See Address

Spartanburg

See Address

Columbia

See Address

Beaufort

See Address

Charlotte

See Address

Newsroom

Glossary of Common Legal Terms

Legal talk is often complex, and to the untrained ear it can sound like a completely different language. Luckily for you, the attorneys at Stewart Law Offices, LLC are here to provide simple, easy-to-understand definitions for some common legal terms which you might have heard. Acquittal: A verdict from a judge or jury that a criminal defendant is not guilty, or the evidence is insufficient to support a conviction. Admissible: Evidence is considered “admissible” if it meets all of the standards required to present it in a court of law. Affidavit: A statement (written or printed) made under oath. Alternative Dispute Resolution (ADR): A way to settle a dispute outside of the courtroom. Most ADRs involve the help of a neutral third party, such as a mediator or arbitrator. Appeal: A request made after a trial by the losing party to have the case reviewed by a higher court. Bench Trial: A...

Frequently Asked Questions About Stewart Law Offices, LLC

Stewart Law Offices, LLC is here for you when it counts. Read through this list of frequently asked questions to learn more about our firm and the legal services we provide. If you still have any questions, feel free to give us a call at 866-783-9278. What type of cases does Stewart Law Offices, LLC handle? The attorneys at Stewart Law Offices, LLC handle all facets of personal injury, including: Car accidents Drunk driving Texting while driving Motorcycle accidents Tractor trailer accidents Boating wrecks Medical malpractice Wrongful death Workers’ compensation Federal Litigation Where does Stewart Law Offices, LLC operate? Stewart Law Offices, LLC offers legal representation for injury victims across South Carolina, as well as portions in North Carolina. We currently have offices in Rock Hill, Spartanburg, Columbia, Beaufort, and Charlotte. Click here to learn more about our...

Call Anytime 24/7 for Free Consultation 888.286.5600

Is It Safe For My Parents In A Nursing Home?

Is It Safe For My Parents In A Nursing Home?

Placing your loved one in the care of a nursing home can be a difficult decision. Often, a nursing home promises to provide your elderly relative with a better quality of life, including round the clock supervision and medical attention.

Unfortunately, nursing homes do not always fulfill the promises they make. Nursing home abuse is a very real problem and one that does not discriminate. Finding out that a staff member violated your trust can be quite devastating, especially if it results in a serious injury or death of a loved one.

With so much on the line, it is important that the families of nursing home residents know how to recognize the signs of nursing home abuse and neglect. According to U.S. News & World Report, some traits of the worst nursing homes include:

  • A history of abuse or neglect, including low star rating with Medicare.gov, which takes into account factors such as staffing, time spent with residents and state-conducted health inspections.
  • A record that includes several severe violations.
  • A consistently large amount of staff turnover.
  • Overly restrictive of residents’ independence.
  • It simply does not pass the eye test.

My Parent Was the Victim of Nursing Home Abuse. Who Can I Call?

Stewart Law Offices, LLC represents nursing home abuse victims and their families throughout South Carolina as well as Gastonia, Charlotte and surrounding areas in North Carolina. To schedule a free consultation with one of our experienced injury attorneys, call us today.

Stewart Law Offices, LLC – Injury Attorneys

Source: http://t.money.msn.com/insurance/5-traits-of-the-worst-nursing-homes

Note: This information is for informational purposes and does not constitute legal advice. You can only receive legal advice by meeting with an attorney.

What Are Common Causes Of Boating Wrecks?

OUR ATTORNEYS PROTECT RECREATIONAL BOATERS HARMED BY OPERATOR ERROR OR DRUNK BOATING

Even though we consider boating a carefree summer activity, people can be seriously injured or killed if boaters fail to pay attention to their surroundings. In just one year, the US Coast Guard reported 4,515 boating accidents, 651 deaths, 3,000 injuries and roughly $38 million in property damage. Learning about the common causes of boating collisions can allow boaters to avoid becoming victims of these potentially deadly incidents.

THE MOST COMMON CAUSES OF RECREATIONAL BOATING CRASHES

Collisions with recreational vehicles are the most common cause of injury among all types of boating accidents. Thousands of boating crashes occur each year, and a number of factors contribute to them. Some of the most common causes include the following:

  • Operator Inattention – Operator inattention is the most common contributing factor to boating accidents, according to the Coast Guard. Operators must remember that staying safe is the number one priority on the water.
  • Operator Inexperience – Boat operators need to know the laws about boating that can prevent injury and harm from occurring. Taking a boaters education class is an excellent first step toward gaining experience and understanding how to operate a boat safely.
  • Improper Lookout – This includes both failing to appoint a lookout and the appointed lookout not keeping a close eye on the boat’s surroundings.
  • Reckless Actions by Drivers, Passengers or Skiers – Even though boats operate on water, reckless actions by anyone onboard a boat can result in serious consequences.
  • Equipment Failure – Just like any other vehicle, boats need regular maintenance. Failure to stay up-to-date on your boat’s maintenance could cause it to crash or capsize.
  • Speeding – An open body of water may seem like the perfect place to test a boat’s speed. However, slower speeds make other boats, hazards and obstacles easier to see.
  • Alcohol Use – Blood alcohol content (BAC) laws are the same for both boaters and drivers. Operating a boat with a BAC of greater than 0.08 is a criminal offense.

OUR LAWYERS STAND UP FOR YOUR RIGHTS AFTER A BOATING ACCIDENT

These types of behavior can turn a peaceful day on the water into a nightmare. At Stewart Law Offices, LCC, our injury lawyers know that negligent boating can damage lives. Our lawyers have experience in personal injury law, including maritime law. We stand up for the rights of victims – let us work for your right to compensation.

Call our firm today for free attorney advice about boating accidents on Lake Wylie, Lake Norman or any other body of water in North Carolina or South Carolina.

Newsletters

Locations

Rock Hill

See Address

Spartanburg

See Address

Columbia

See Address

Beaufort

See Address

Charlotte

See Address

Newsroom

Glossary of Common Legal Terms

Legal talk is often complex, and to the untrained ear it can sound like a completely different language. Luckily for you, the attorneys at Stewart Law Offices, LLC are here to provide simple, easy-to-understand definitions for some common legal terms which you might have heard. Acquittal: A verdict from a judge or jury that a criminal defendant is not guilty, or the evidence is insufficient to support a conviction. Admissible: Evidence is considered “admissible” if it meets all of the standards required to present it in a court of law. Affidavit: A statement (written or printed) made under oath. Alternative Dispute Resolution (ADR): A way to settle a dispute outside of the courtroom. Most ADRs involve the help of a neutral third party, such as a mediator or arbitrator. Appeal: A request made after a trial by the losing party to have the case reviewed by a higher court. Bench Trial: A...

Frequently Asked Questions About Stewart Law Offices, LLC

Stewart Law Offices, LLC is here for you when it counts. Read through this list of frequently asked questions to learn more about our firm and the legal services we provide. If you still have any questions, feel free to give us a call at 866-783-9278. What type of cases does Stewart Law Offices, LLC handle? The attorneys at Stewart Law Offices, LLC handle all facets of personal injury, including: Car accidents Drunk driving Texting while driving Motorcycle accidents Tractor trailer accidents Boating wrecks Medical malpractice Wrongful death Workers’ compensation Federal Litigation Where does Stewart Law Offices, LLC operate? Stewart Law Offices, LLC offers legal representation for injury victims across South Carolina, as well as portions in North Carolina. We currently have offices in Rock Hill, Spartanburg, Columbia, Beaufort, and Charlotte. Click here to learn more about our...

Call Anytime 24/7 for Free Consultation 888.286.5600

What Can I Do If I Am Hurt In A Truck Accident Out Of State?

Truck wrecks caused by negligent drivers are incredibly dangerous and potentially fatal to people in smaller passenger vehicles. The problems victims of truck accidents face will be compounded when the accident occurs when they are traveling on a business trip or vacationing in a state that is not their home.

When a motorist is struck by a tractor trailer or semi-truck out of state, these victims may not know how to get assistance paying for medical and other expenses. Seeking compensation for a truck accident – especially one that occurs outside of your state of residence – can be challenging if you do not have qualified legal representation.

 WHAT TO DO AFTER A TRUCK ACCIDENT OUTSIDE OF YOUR HOME STATE

If you are hurt in a truck accident, your first reaction should be the same, no matter where the accident occurs. You should immediately seek medical treatment, since many injuries that appear after auto accidents may not be immediately apparent. If possible, try to take photographs of the scene and gather witness contact information. Do not speak to the driver or anyone associated with the truck company any more than necessary. Never apologize or claim that the accident was your fault.

You should always contact an attorney immediately after a collision with a commercial truck. Truck companies will attempt to minimize their liability and evidence may be destroyed or lost, but an attorney knows what to do in order to allow you to find out who is responsible and seek compensation.

Specifically, you should talk to a lawyer in the state in which the accident occurred. You should also look for law firms that have attorneys licensed in federal court, as this is where some truck accident cases may be litigated. In most situations, the laws of the state where the accident took place dictate the process for civil litigation. There is a statute of limitations on cases like these, and if you do not take the proper steps right away, you could miss the window of opportunity for seeking justice.

A lawyer who is licensed to practice in that state can represent your case and seek compensation for damages on your behalf. No matter where you are from, you have the ability to seek legal assistance and pursue a lawsuit in the state in which your accident occurred.

TALK TO TRUCK ACCIDENT LAWYERS LICENSED TO PRACTICE IN MULTIPLE STATES

At Stewart Law Offices, LLC, our attorneys are licensed to practice law in multiple states and the federal courts. Our injury attorneys represent residents South Carolina, parts of North Carolina as well as non-residents who are hurt in truck accidents while traveling. We are always prepared to provide free legal advice about serious injury and can even travel to your hospital or home to speak with you about your legal options after an accident. Call our attorneys anytime for a free consultation about your situation.

Newsletters

Locations

Rock Hill

See Address

Spartanburg

See Address

Columbia

See Address

Beaufort

See Address

Charlotte

See Address

Newsroom

Glossary of Common Legal Terms

Legal talk is often complex, and to the untrained ear it can sound like a completely different language. Luckily for you, the attorneys at Stewart Law Offices, LLC are here to provide simple, easy-to-understand definitions for some common legal terms which you might have heard. Acquittal: A verdict from a judge or jury that a criminal defendant is not guilty, or the evidence is insufficient to support a conviction. Admissible: Evidence is considered “admissible” if it meets all of the standards required to present it in a court of law. Affidavit: A statement (written or printed) made under oath. Alternative Dispute Resolution (ADR): A way to settle a dispute outside of the courtroom. Most ADRs involve the help of a neutral third party, such as a mediator or arbitrator. Appeal: A request made after a trial by the losing party to have the case reviewed by a higher court. Bench Trial: A...

Frequently Asked Questions About Stewart Law Offices, LLC

Stewart Law Offices, LLC is here for you when it counts. Read through this list of frequently asked questions to learn more about our firm and the legal services we provide. If you still have any questions, feel free to give us a call at 866-783-9278. What type of cases does Stewart Law Offices, LLC handle? The attorneys at Stewart Law Offices, LLC handle all facets of personal injury, including: Car accidents Drunk driving Texting while driving Motorcycle accidents Tractor trailer accidents Boating wrecks Medical malpractice Wrongful death Workers’ compensation Federal Litigation Where does Stewart Law Offices, LLC operate? Stewart Law Offices, LLC offers legal representation for injury victims across South Carolina, as well as portions in North Carolina. We currently have offices in Rock Hill, Spartanburg, Columbia, Beaufort, and Charlotte. Click here to learn more about our...

Call Anytime 24/7 for Free Consultation 888.286.5600