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Yes. There is a “discovery rule” in South Carolina that may extend the statute of limitations. It typically applies to situations where the injured person did not initially realize that they had been seriously injured. For instance, a patient may not know that a surgeon made a mistake until long after the procedure was complete.

Mediation is a mandatory step in the pre-trial process in many South Carolina counties. The goal of mediation is to reach an agreement or settlement outside of court – and in many cases, it achieves great results. This form of alternative dispute resolution is common in personal injury cases, giving both parties the opportunity to negotiate and reach a mutually beneficial compromise.

No, you should not accept the first offer made by an insurance company. With profit as their priority, the insurance company will likely not offer the full amount that you deserve. Many times they will make an offer before even learning the details of your case. That is why it is so important to have an experienced personal injury attorney on your side.

No. Your personal injury settlement is tax exempt.

Special damages provide financial compensation for any losses caused by the defendant. The amount is determined by totaling the injury victim’s expenses – such as medical bills and vehicle repair costs.

While no two personal injury cases are exactly the same, special damages typically include the following:

• Cost of medical treatment (hospital stays, surgery, medications, physical therapy, etc.)
• Cost to repair/replace damaged property
• Lost wages (or loss of earning potential)
• Cost of ongoing care
• Loss of irreplaceable items

Because personal injury lawyers are always in demand, larger cities are typically home to many of them. Keep in mind that more densely populated areas are also more prone to accidents, making personal injury lawyers even more important.

Bodily injury liability is a type of insurance coverage that most states require. In the event of an accident, it covers medical costs and lost wages that result. Property damage liability, the other form of liability coverage, takes care of property damage. Here in South Carolina, drivers are required by law to carry a minimum amount of liability coverage.

Bodily injury refers solely to a specific injury to the body that is caused by another person. This term is most frequently used in criminal cases.

Simply put, personal injury includes physical, emotional, and mental damage. Bodily injury, in contrast, refers only to the physical injuries sustained.

Bodily injury liability covers the following:

• Medical expenses (hospital stays, emergency care, ongoing care, etc.)
• Legal fees (if the injured party files a lawsuit)
• Loss of income (for injuries that prevent a return to work)
• Pain and suffering (non-economic damages caused by the accident)
• Funeral costs (if fatalities result)

Keep in mind that if you are at fault, bodily injury insurance does NOT cover your damages (medical expenses, lost wages, etc.). It also does NOT cover injury to any passengers.

Personal injury settlements are exempt from garnishment, meaning that a creditor cannot take money from you via bank garnishment. There are exceptions to this rule, however, so be sure to discuss any concerns with your personal injury attorney.

While legal representation is not required, it is recommended to ensure you receive the compensation you deserve. A board certified attorney who specifically handles personal injury cases knows the legal system inside and out and can help maximize your settlement.

Personal injury protection (PIP) is a form of no-fault coverage that helps cover expenses, regardless of who caused an accident. Even if you were deemed “at-fault,” PIP may cover the following:

• Medical costs (includes surgery, dental and eye treatment, medication, prosthetics, etc.)
• Lost wages (if you are unable to work)
• Substitute services (such as cleaning crews if you are unable to perform household tasks)
• Funeral expenses (if injuries are fatal)

No-fault insurance does not cover expenses that are unrelated to injuries after a car accident. It does NOT cover the following:

• Vehicle damage
• Damage to others’ property
• Medical expenses exceeding coverage limits

There are sometimes exceptions to the rule, so be sure to consult with your trusted personal injury attorney.

No. While liability insurance is mandatory, drivers are not required to have PIP insurance. To learn more about the benefits of PIP insurance, get in touch today.

If you’re hurt, go to a doctor immediately. This is the best course of action for both your health and your case. Insurance companies will use it against you if you don’t go to the doctor for injuries right away. When you see a doctor, it is vitally important that you tell him or her exactly what happened.

You should repeat your account of the accident to every doctor you see and try to get as much documentation as you can. Take pictures of what hurt you, fill out an accident report if you are hurt at a store or restaurant, and make note of any witnesses that may be needed later. Contact a lawyer before giving any statements to any insurance company. There is only one reason they want to secure your statement, to try and use it against you later.

Most auto accident cases settle without going to court. If yours doesn’t, the lawyers at Hoffman Law Firm are prepared to take your case to trial and stand by you, each step of the way.

No, insurance companies pay the claims. Court rules don’t allow us to mention auto insurance in court.

If you are hurt, go to the hospital, and call the police. Ensure that the police officer at the scene hears your side of the events, make note of any witnesses around and get their contact information since you may need their account later. Try to take photos of the damage to your car before it’s repaired.

If you go to the hospital for injuries, make sure to tell the doctors how you were hurt and to mention any prior injuries to the same body part, if applicable.

Yes. If you don’t go, the traffic court judge will most likely dismiss the ticket. Going to court means the other driver will have to admit he or she was at fault, or at least testify about what happened so the judge can decide. Either way, the other driver’s statements may be very important to the case later.

It’s unlikely that the police officer’s determination of fault will be used against you. While it can be difficult to resolve cases where you are placed at fault, it is not impossible.

In most cases, the insurance company has one goal: either to deny your claim or pay you as little as possible. They use recorded statements as a tool to gain information to use against you, so be sure to speak with an attorney before giving a statement to an insurance company.

You will probably have two choices: You can either have your own insurance company fix it (they will then collect the money they spent plus your deductible from the other driver’s insurance company), or you can let the other person’s insurance company handle repairs to your car. Often times, it is easier to let your company take care of the damage to your car.

If you are unable to use your car due to damage from the accident, the law allows you to be compensated for “loss of use”. This means the insurance company will either give you a rental car for the time your vehicle is unusable, or it will pay you what a rental car would have cost for the time you were without your vehicle.

This can get complicated. If you carry Personal Injury Protection (PIP), you may be able to be reimbursed for some of your medical expenses through your PIP coverage. You can also use your health insurance. If you use health insurance, often you will have to pay the insurance company back if you recover money on your claim.

If you can’t afford medical treatment, certain doctors may agree to treat you without asking for money up front. To do that, the doctor will need to know that all parties agree about who is at fault for the accident, and that there is enough insurance coverage to pay the bill.

In general, victims of an auto accident can recover the cost of medical bills, lost wages and more for pain and mental anguish, also known as “compensatory damages”. These damages are meant to compensate you for what you lost. Sometimes you may also collect “punitive damages” or damages meant to punish the person at fault if his or her actions were willful or reckless.