Berry, Quackenbush and Stuart:  Columbia Attorneys
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Last Updated:  10.02.2006

 


Question 1. I had an auto accident. What should I do?
If you are involved in an accident, make sure you remain at the scene until the police arrive. In South Carolina, drivers involved in an automobile accident where a person is injured or property is damaged must stop their vehicles at the scene of the accident or as close as possible without obstructing the road. Call a law enforcement officer, as an officer’s report may assist you later if a claim for liability is filed. Also try to get the names of any people who saw what happened. If you have access to a camera, you should take pictures of the cars and the surrounding area. If you are able, you should photograph the scene before moving the vehicles. You should also notify your insurance company.

Question 2. I was injured in an accident. Who will pay for the medical treatment?
If you are injured, you should immediately obtain medical treatment. If you are in pain, bleeding or believe you are in danger of any further injury, you should allow the rescue service to take you to the hospital to obtain immediate treatment. Further, the hospital will ask you whether you have insurance. If you are in an automobile accident, you should give the hospital your automobile/health insurance information. If you were injured in a property accident, for instance a "slip and fall", you should give the hospital your health insurance information.

Question 3. I was involved in an auto accident and the other party was injured, but it was not my fault. Can the other side sue me?
Yes. A court will decide who is at fault. Therefore, even though you believe that the other side was at fault, he/she can still file a lawsuit seeking damages from you and/or your insurance company. If the court finds both parties to be at fault, but have one party found to be more at fault than the other, you can sue and recover damages this way, too.

Question 4. I fell at work/in a store/in a building. Can I sue someone?
If you fell at work, please refer to the "Worker's Compensation" section. If you fell in a store or a building, you can file suit to recover damages that will reasonably compensate you for your injuries. However, you should understand that the owner of a business or building is not liable for every injury that occurs on their property. The owner or operator of the business must have breached his duty to keep the premises reasonably safe and warn of known dangers before he can be held liable. Some businesses do maintain "no fault" insurance which may cover your medical injuries even if the owner is not otherwise liable. Please contact an attorney for further details.

Question 5. How much can you get for me? What is my case worth?
Every case is different. Factors which determine how much money you may receive in a legal matter include the severity of your injuries and your past medical history, as well as the amount of insurance coverage that the other person or company has. If you are injured as a result of an accident, you should always consult with an attorney.

Also See Insurance and Medical & Insurance Disputes

 




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