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Compensation for Your Motor Vehicle Accident Injuries

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Most of us travel by personal motor vehicle every single day. It’s a simple, automatic part of our daily lives.  Rarely, if ever, do most motorists think about the possibility that they could be involved in a life-changing car accident at any moment.  However, this kind of accident occurs every single day. In 2009, more than 100,000 motor vehicle collisions occurred in South Carolina. A car accident can result in injuries, scarring, permanent disability and even death to drivers and passengers.

If you’ve been injured in a motor vehicle accident that you did not cause, you could be entitled to monetary compensation to cover the expenses you have incurred due to your injury. Examples of such expenses are medical bills, lost wages because of time spent out of work, general care for your aches and pains, and accommodations you’ve had to make because of lessened mobility or a temporary disability following your accident.

The McGrath Law Firm in Mt. Pleasant, South Carolina is here to help you claim your monetary compensation. Our personal injury attorneys have an intricate understanding of state personal injury laws and can help you develop a strong case.

South Carolina Statute of Limitations

Under S.C. Code Ann. Section 15-3-530, the statute of limitations for all personal injury claims in South Carolina is three years from the date of the accident. That means that once three years pass after your accident, you are no longer entitled to file a personal injury claim and potentially collect monetary compensation. This is why it’s so important to be proactive and contact a personal injury attorney as soon as you can following a motor vehicle accident.

The statute of limitations is also one of the reasons why it is crucial that you seek immediate medical attention for your injuries. Even if you feel fine or only have scratches and bruises from an accident, go to your doctor for an examination. Some conditions appear fine at the time of the injury, only to become prevalent months or even years later. A doctor’s record can also greatly help your claim.

Comparative Negligence in South Carolina

South Carolina is a modified comparative negligence state. That means that when an accident occurs in South Carolina, multiple parties may file claims against each other, depending on how at-fault each party is determined to be. For example, imagine two cars are involved in a collision. One of the drivers is injured and opts to file a personal injury claim against the other driver. The insurance adjuster finds that although one driver’s carelessness primarily caused the accident, the filing driver’s speeding added to its impact. The adjuster may state that the filing driver holds 30% of the responsibility for the accident. In this scenario, the filing driver is only entitled to collect 70% of the total amount of money that he might have been entitled to collect because he holds 30% of the responsibility for his injury.

Personal Injury Attorneys Can Help

Don’t accept the first settlement you’re offered for your injury unless you’ve already discussed your case with a personal injury attorney. Your attorney can help you determine if you’re entitled to a larger compensation package. If you accept less money than you’re entitled to receive, you could find yourself bankrupted by your injury years down the line. Don’t let your injury bankrupt you – get the money you deserve by working with the McGrath Law Firm. Call us today at 843-606-2755.

 

Protect Yourself from Brain Injuries

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Your brain is your most vital organ. It’s responsible for all of the body’s other functions, both voluntary and involuntary. If part of an individual’s brain is damaged, he or she may face life-altering disabilities, cognitive issues and possibly death. If you’ve suffered from any type of head injury, you could be entitled to monetary compensation. Contact one of the personal injury attorneys at our firm to learn more about your rights as a head trauma victim.

Any type of accident can cause a head injury. An automobile accident, medical malpractice, or a fall can lead to serious brain injuries. Seek medical attention immediately after suffering from any type of injury. This is crucial for a few reasons:

  • Put your health first. Increase your chances of a speedy, full recovery by seeking and receiving medical help.
  • You’ll minimize your risk of further injury. Some injuries seem minor at first, but can become more severe if they’re left untreated over time. Avoid long-term injury and disability by being proactive about your health and recovery.
  • Build the case for your personal injury claim by creating a paper trail. If you can show that a doctor has examined your injuries and given a diagnosis for them, you’re much more likely to win the compensation you’re seeking.

Why Seek Monetary Compensation?

The monetary compensation you could receive from a personal injury claim is meant to cover the expenses you incur due to your injury. The following are all expenses that can be covered with this money:

  • Lost wages due to time spent out of work;
  • Medical bills;
  • Accommodations for temporary or permanent disabilities caused by the brain injury; and
  • Unquantifiable expenses, such as those for scarring, bruises, depression following an injury, and mobility issues.

This monetary compensation isn’t just for the injured individual – it’s for his or her family as well if he or she was a breadwinner for his or her household. Brain injuries are among the most serious injuries that one can sustain. If an individual was not solely and directly at fault for his or her head trauma, he or she is entitled to have the costs associated with the injury covered by the individual or company at fault.

How to Seek Monetary Compensation

Following an accident, an individual should first seek medical attention. Once he or she has been examined by a doctor and receives a diagnosis, he or she may begin the process of filing a personal injury claim.

In South Carolina, personal injury victims have three years following the date of their injury to file a personal injury claim. Once this time frame has passed, the individual is no longer entitled to seek monetary compensation. After receiving medical attention, the victim should contact an experienced personal injury attorney to find out if he or she has grounds for a personal injury claim, how his or her case might be affected by South Carolina’s comparative negligence laws, and the best way to proceed with the case.

Personal Injury Attorneys Can Help

Don’t risk your health and your life by leaving a brain injury untreated. If you’ve suffered any type of head trauma, contact the McGrath Law Firm in Mt. Pleasant, South Carolina at 843-606-2755 today. We’re here to advocate for you and make sure you receive the money you deserve.

 

Seeking Monetary Compensation in Wrongful Death Case

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When a loved one dies in an accident, the sense of loss his or her family feels is immeasurable. On top of the loss of a beloved family member, the funeral costs, loss of wages if he or she made financial contributions to the household, hospital and medical costs, and pain and suffering experienced by the family members can add up quickly and potentially bankrupt a grieving family. In cases where the individual’s death was caused by another person’s recklessness or negligence, the responsible party may be required to cover all or some of the family’s expenses related to the death.

Entitlement to Monetary Compensation

The costs incurred by a wrongful death can rise exponentially, potentially causing financial insecurity or even bankruptcy for a family. Some potential issues faced by survivors are:

  • The loss of the deceased’s wages;
  • Funeral costs;
  • Medical bills; and
  • Pain and suffering. This refers to all the intangible hardships suffered by a family following a loss, such as depression experienced by family members and the loss of the deceased’s companionship and household duties.

South Carolina courts use comparative fault to determine the percentage of responsibility for an accident each party involved in a lawsuit holds. Most states use this model, rather than the system of pure contributory negligence.

According to the system of comparative fault, in wrongful death and other personal injury cases, if it can be determined that the plaintiff was at least somewhat responsible for his or her injury, the court may only allow the plaintiff to collect a percentage of the total compensation he or she could potentially have been entitled to. For example, if it is deemed the victim was at least twenty percent responsible for his or her death, his or her family might only be able to receive eighty percent of the possible compensation package.

The Statute of Limitations for a Wrongful Death

In South Carolina, surviving relatives have three years following a loved one’s death to file a wrongful death claim. SC 15-51-10 states a family’s right to sue for monetary compensation in the event of a wrongful death.

If your family has experienced a wrongful death, be proactive and contact an experienced personal injury attorney as soon as you can. It is crucial to file your claim within the statute of limitations in wrongful death and other types of personal injury cases. Once the statute of limitations has ended, you no longer have grounds to file a lawsuit.

Do not accept a settlement from the negligent party without first discussing your case with an attorney. You might be entitled to far more money than you were initially offered.

Wrongful Death Attorneys Can Help

The McGrath Law Firm‘s team of personal injury attorneys will handle your case with the compassion and dedication it deserves. If your loved one died as a result of an injury sustained because of another person’s negligence, you could be entitled to monetary compensation. Call our firm at 843-606-2755 to discuss your case with one of our attorneys. You’ll be given advice for your wrongful death lawsuit and guidance toward the best solution for your case. Attorney Peter Mcgrath is available to help.

 

Filing a Restraining Order in Charleston

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Ending a marriage or other type of long-term relationship can be difficult for all parties involved. Some divorces are quick, simple and even amicable, while others are carried out with bitterness and resentment. In these latter cases, some individuals might become violent or threatening toward their former spouse. If you are currently going through the divorce process and you’re worried that your former spouse might harm you in any way, consider filing for a restraining order against him or her. A restraining order is a court-ordered requirement that one individual not contact or come within a specified range of another for a specified length of time. You have the right to feel safe during and after the divorce process.

Steps to Filing a Restraining Order in South Carolina

In South Carolina, there are a few steps to the restraining order process.

First, contact an experienced divorce attorney to help you through this process. He or she will advocate for you and your safety while guiding you through the necessary legal actions to procure your restraining order.

Next, contact the magistrate court of the county where your former spouse resides. If your former spouse resides here in Charleston County, contact the magistrate court located in Charleston, South Carolina. All restraining orders are handled at this court level. If you are in immediate danger, the court can grant you a temporary restraining order within twenty-four hours. Otherwise, a hearing is held between five and fifteen days after the initial complaint, at which time the court hears the case and decides the appropriate course of action.

If the court decides that a restraining order is appropriate for the applicant and his or her former spouse, it may grant the applicant a restraining order for up to one year. If the applicant wishes to extend the restraining order, he or she must file official motions to do so within thirty days of its expiration.

Penalties for Violating a Restraining Order

A restraining order prohibits an individual from harassing or stalking the filer. The behaviors that constitute harassment and stalking, as well as their penalties, are defined in South Carolina Code 16-3-1700.

Harassment is any unreasonably repetitive behavior that distresses or otherwise negatively impacts an individual’s ability to freely conduct his or her chosen lifestyle. This can include persistent phone calls, vandalism of his or her property, continually following him or her, and surveillance of the individual. Stalking is defined as any pattern of words or conduct meant to scare an individual.

The penalties for violating a restraining order are a $500 fine and up to thirty days in jail.

Contact an Attorney with Experience in Restraining Orders

Nobody should have to live in fear of violence from their former spouse. If you’ve experienced any type of domestic harassment or stalking and want it to end, call the McGrath Law Firm at 843-606-2755 for your free legal consultation. You’ll have the opportunity to discuss the specific details of your case with one of our team’s attorneys and learn more about the restraining order process.

Giving Back to the Community

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(MEP) Chase After a Cure Donation Picture

The staff at McGrath Law Firm are committed to serving our community. As a member of the Board of Directors for Chase After a Cure, attorney Matt Pecoy is corporate counsel for the non-profit organization, which is dedicated to children’s cancer research. On September 12, 2014, Chase After a Cure donated $130,000 to MUSC Children’s Hospital to assist the hospital with funding research labs which specialize in children’s cancer research. Since its inception in 2009, Chase After a Cure has donated more than $700,000 toward supporting local childhood cancer research. For more information, go to chaseafteracure.com.

McGrath Law Firm Sponsors Chase After A Cure, Inc.’s Golf Tournament

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GolfThe McGrath Law Firm, PA continued to show its support for Chase After A Cure, Inc. by sponsoring a hole and foursome in its annual golf tournament on September 18, 2014 at Patriot’s Point Golf Course.  The team is pictured above and included Bradford Pelletier, Michael Perkins, Baron DeKalb (not pictured), and Matt Pecoy.   Mr. Pecoy is an associate at the McGrath Law Firm, serves as corporate counsel for Chase After A Cure, Inc., and sits on its Board of Directors.  Chase After A Cure, Inc. is a 501(c)3 that raises funds and awareness for neuroblastoma research.