What is Negligence?

What is Negligence?

South Carolina law tells us that negligence is the “absence of due care.” I know that you are probably thinking that is not too helpful of a definition. Perhaps think of it this way. Consider negligence as carelessness.

The law offers a test to see whether a person was negligent or careless. The test asks you to consider what would a reasonable person do under the same or similar circumstances. Since a reasonable person would not expose someone else to unnecessary danger, the reasonable person would choose the safest way to do something.

Even if the next safest choice would accomplish the same thing as the safest choice, the next safest choice is still the negligent choice if it exposes someone else to more danger. For example, consider two ways to drive down the road. The first, driving will total concentration on the road. The second, driving while reading a cell phone. Both ways of driving accomplish the same thing, driving. However, the second is negligent because it exposes someone else to more danger. Distracted driving increases the risks of causing a crash.

If you have been hurt in a car accident:

1. Please read why I don’t believe it was an accident, here;
2. Request my Free Guide, South Carolina Car Accident Claims Guide in Plain English, by clicking here.
3. Call at 888-510-9359 or contact me for a free consultation. There is no obligation.

What are Punitive Damages?

What are Punitive Damages?

South Carolina law tells us that punitive damages are designed to punish a wrongdoer because of the seriousness of the wrongdoer’s conduct. Examples of conduct that are more serious include driving while intoxicated or texting while driving. Compare those examples with driving too fast in the rain, which would most likely not qualify for punitive damages.

South Carolina law requires wrongdoer’s to put the injured person, as good as money can, in the position the person was before the injury. Additionally, if the wrongdoer’s conduct is especially bad, punitive damages seek to punish the wrongdoer and vindicate the injured person’s rights.

If you have been hurt in a car accident:

1. Please read why I don’t believe it was an accident, here;
2. Request my Free Guide, South Carolina Car Accident Claims Guide in Plain English, by clicking here.
3. Call at 888-510-9359 or contact me for a free consultation. There is no obligation.

Document Your Car Accident Damages.

Three Reasons You Must Document Your Car Accident Damages.

You must document your damages in order to successfully resolve your car accident case. Here are three reasons:

1. Insurance carriers will require independent records of damages—so have your doctor record anxiety, worry, and difficulty with daily activities in your health records.
2. You will forget details of how your life was impacted, so write it down in a journal or at least your calendar.
3. Your will forget a medical bill, out of pocket expense, or prescription. Keep all your expenses together and total the expenses in a spreadsheet.

If you have been hurt in a car accident:

1. Please read why I don’t believe it was an accident, here;
2. Request my Free Guide, South Carolina Car Accident Claims Guide in Plain English, by clicking here.
3. Call at 888-510-9359 or contact me for a free consultation. There is no obligation.

Twenty Types of Actual Damages in South Carolina.

Twenty Types of Actual Damages in South Carolina.

Damages in car accident cases focus on actual damages. Actual damage compensate an injured person for all the harms and losses the injury caused. Here are twenty types of actual damges that South Carolina Law recognizes:

• loss of income;
• loss or impairment of earning capacity;
• out-of-pocket expenses;
• medical expenses;
• future damages from permanent injuries;
• disfigurement;
• loss of family services;
• deprivation of normal life expectancy;
• alteration of lifestyle;
• psychological trauma;
• mental anguish;
• mental distress;
• apprehension;
• anxiety;
• emotional injury;
• psychological injury;
• depression;
• sexual disfunction;
• pain and suffering;
• loss of enjoyment of life.

If you have been hurt in a car accident:

• Please read why I don’t believe it was an accident, here;
• Request my Free Guide, South Carolina Car Accident Claims Guide in Plain English, by clicking here.
• Call at 888-510-9359 or contact me for a free consultation. There is no obligation.

Who Caused the Accident Has to Pay?

How Much Money Does the Person Who Caused the Accident Have to Pay?

The law in South Carolina mandates the wrongdoer to pay enough money to cover all the harms and losses of the injured person. Think of it this of it this way. Before the accident, the injured person didn’t have:

• medical bills
• anxiety
• worry
• pain
• lost wages, etc

When a driver breaks a safety rule and collides with another vehicle, the driver must pay for all the damage to the other car. Additionally, the driver must also pay for the injured person’s medical bills and enough money to make up for all the injured person’s harms and losses.

There is no calculator that will help you. Each case is completely different.

If you have been hurt in a car accident:

1. Please read why I don’t believe it was an accident, here;
2. Request my Free Guide, South Carolina Car Accident Claims Guide in Plain English, by clicking here.
3. Call at 888-510-9359 or contact me for a free consultation. There is no obligation.

When is Another Driver Responsible?

When is Another Driver Responsible for My Damages from a Car Accident?

In order to recover for all your harms and losses, you must prove that the wrongdoer who caused the car accident was negligent or reckless. In plain english, negligence means breaking a traffic safety rule with no excuse. In legalize, South Carolina law defines car accident negligence as the failure to “exercise due care, that degree of care which would have been exercised by a person of ordinary reason and prudence,” under the circumstances. (South Carolina Requests to Charge, Civil, Section 28-1). Simply put, a wrongdoer is legally responsible for a car accident when the wrongdoer breaks a traffic safety rule without justification.

If you have been hurt in a car accident:

1. Please read why I don’t believe it was an accident, here;
2. Request my Free Guide, South Carolina Car Accident Claims Guide in Plain English, by clicking here.
3. Call at 888-510-9359 or contact me for a free consultation. There is no obligation.

What are the Categories of Damages?

What are the Categories of Damages South Carolina Law Recognizes?

South Carolina law recognizes multiple categories of damages in a car accident case. One, actual damages, or compensatory damages, attempt to return the injured person to their pre-injury status as if the wrongdoer never caused the injury in the first place. Paying for medical bills that were caused by the injury from the car collision is an example of actual damages. Two, punitive damages punish the wrongdoer for especially terrible conduct and uphold the injured person’s rights.

Pay Damages After a Car Accident?

Why Does South Carolina Law Require At Fault Drivers to Pay Damages?

South Carolina law mandates the person who caused an automobile accident to pay money damages to the person they injured. The person who caused the accident is the “at fault driver.” South Carolina law uses the word wrongdoer. A wrongdoer is a person who was negligent, reckless, or intentional in injuring another person.

South Carolina law on automobile accident damages is not new. It’s historical foundations can be seen in the Old Testament book of Exodus, which instructs a wrongdoer to pay an injured person for the harm the wrongdoer caused. See Exodus 21:18-19. These timeless laws aim to make sure an injured person’s medical bills and other losses are paid by the person who caused the harm in the first place.

Should I Replace My Car Seat?

Should I Replace My Car seat after an accident?

Often, parents first thoughts after a car accident are the health and wellbeing of their children who are in their automobile. After everyone gets the medical treatment they need, thoughts turn to getting their car fixed and property damage taken care of.

One important item to consider is your child’s car seat. While child car seats provide protection during an accident, a damaged car seat may not protect your child as intended. Manufacturers and the National Highway Traffic Safety Administration have issued guidelines about when to replace car seats after an accident.

The National Highway Traffic Safety Administration (NHTSA) says that car seats can be reused after a minor crash, but not after a moderate or severe accident. The NHTSA uses a five part test to determine if you should replace your car seat. You can re-use your carseat if:
1. your car was drivable from the accident site;
2. the door closest the seat was not damaged;
3. no occupants had any injuries;
4. the airbags did not deploy; AND
5. the car seat has no visible damage.

If your case cannot meet all the above requirements, then the NHTSA says you should replace your car seat. However, some manufacturers do not follow the NHTSA test. Call the manufacturer of your car seat or visit their website and get the manufacturer’s guidance on car seat reuse.

Sometimes, the guidelines from the NHTSA and your car seat manufacturer won’t agree. If it were my children’s car seat, I would follow the manufacturer’s guidelines. Please also remember to install your car seats properly.

For more information, please:

• Explore the Answers section.
• Request my Free Guide, South Carolina Car Accident Claims Guide in Plain English, by clicking here.
• Call at 888-510-9359 or contact me for a free consultation. There is no obligation.

Refusing to Pay My Bills?

Many medical insurance companies refuse to pay medical bills for injuries from a car wreck. They reason that since someone else, the wrongdoer, is responsible, they don’t have to pay.

Your medical insurance’s requirement to pay is controlled by the policy, which is just a contract. When your medical insurance company refuses to pay a medical bill, request a copy of your policy. Although it will take some time to pour through the legalize of your insurance policy, it will be worth your time if you find that there is no provision allowing them to refuse payment.

Of course, sometimes persistence pays. Don’t take no for an answer in dealing with your health insurance company.

For more information, please:

• Explore the Answers section.
• Request my Free Guide, South Carolina Car Accident Claims Guide in Plain English, by clicking here.
• Call at 888-510-9359 or contact me for a free consultation. There is no obligation.