McManaway Law, LLC
More Than A Decade Helping People In Greenville

Karen's Codes

Code No 1. Talk To An Attorney!

Most accidents are not really accidents. They generally happen because someone was negligent, and as a result an innocent person suffered a serious injury. An experienced accident lawyer has the skill necessary to prove your case and convince the insurance company that you deserve full compensation.

While you focus on recovering from your injuries, I will investigate your car accident to gather the information, evidence and witness testimonies I need to build a strong case on your behalf.

Code No 2. Do Not Accept Offers From Insurance Companies!

Insurance companies are not on your side. They are not your good neighbors, and when dealing with them, you are not in good hands. Their job is to pay as little as possible, if anything at all. They don't want you to get a lawyer, but they have lawyers. So, what should you do? Talk to someone who is really on your side. Right now!

Code No 3. Money Matters!

The negligent driver's insurance policy may not be your only source of recovery. This is extremely important. Many auto accidents my law firm has handled involved situations where the negligent driver only had minimum limits coverage. In South Carolina, that means $25,000. So, what do you do if your medical expenses or lost earnings exceed that figure?

There may be other insurance policies that apply to the driver, you may have underinsured motorist coverage through your insurer, and lastly if the car accident was caused by a drunk driver, facts permitting, there may be a dram shop action against the bar or restaurant that overserved the driver who hit you.

Code No 4. You Have The Right To Remain Silent!

Providing a statement to an insurance adjuster on your own is a recipe for disaster. What you say can and will be used against you. You could end up saying more than you intended or having your own words twisted. Talking without a lawyer present leaves you exposed and at the mercy of the adjuster, not a good position to be in.

Code No 5. Submit All Medical Bills To Your Insurance Carrier!

If you have health insurance, all medical bills should be submitted to your insurer. Hospitals and other medical groups often tell patients they cannot use health insurance to pay for treatment related to a car accident. That is not true. Your own health insurance company may try to convince you not to submit a claim, and pay it with money recovered from the wreck, do not listen.

Code No 6. "Negligence" Is Key In Auto Accidents!

If you want to be awarded compensation for your accident, it's going to be vital that you prove a "negligent" act has occurred by the person or party that caused your accident. This means three things must happen:

  • First, it must be established that drivers involved in the accident had a duty of care and responsibility to act in a safe manner behind the wheel; this is an established given.
  • Second, you need to prove that the other party involved in your accident did not act in a reasonably careful way.
  • Lastly, it must be proven that their actions directly caused the accident and your injury.

Code No 7. Wrongful Death Is Caused By Another Person's Wrongful Act, Negligence Or Failure To Act!

This type of case is filed on behalf of the survivors and the deceased person's estate. In South Carolina to prove wrongful death you must show that someone was killed, and their death was because of another person or company's negligence. Who can receive damages in a wrongful death suit is under South Carolina Code of Laws 15-51-20 that ranks the beneficiaries in this order.

  • The surviving spouse or children of the deceased
  • The surviving parents of the deceased
  • Other lawful heirs of the deceased

Code No 8. Their Dog, Their Fault!

The owner of a dog that bites you is strictly liable under the law as long as you were either in a public place or lawfully on private property, including the dog owner's property. This means that unless you were trespassing or otherwise breaking the law in South Carolina, the owner must pay for any dog bite, injury-related expenses. The only exception is if you provoked the dog to attack or were trespassing.

Code No 9. Negligent Property Owner Pays!

People who were hurt in a fall caused by someone else's negligence should not bear the cost of their injuries. South Carolina law allows victims of slip-and-fall accidents to hold property owners and other responsible parties liable for their negligence. Negligence must be proven by three elements:

  • The defendant owed the plaintiff a duty of care
  • There was a breach of that duty of care by negligent act or omission
  • Damages resulted from the breach of duty

Code No 10. You Have Time… But Not That Much Time!

It's important to take action as soon as possible! Early medical treatment is crucial. Preserving evidence is crucial! If you take too long to start treatment insurance companies may use the excuse that your injuries may be from another accident. South Carolina law states that you have three years from the date of an accident to file a claim for damages. Three years to file a claim does not mean three years to start treatment.

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