Frequently Asked Personal Injury Questions

1. Get to safety. If you are able to do so, get to a safe place away from danger. If you can, help others to safety. If you can safely move your vehicle out of danger, do so. Make sure everyone is okay and if anyone is not okay, get medical attention for them immediately.
2. Seek medical attention. (Placed here on the list because it may be urgent). If you have had any injury, you should be medically examined, even if you do not think you are badly hurt. Do not try to tough it out. First of all, you want to be sure that you are okay. Second, lack of medical treatment and the documentation that it provides can hurt your case. When you are given advice by a doctor, follow it. If you are referred to another doctor, go see him. If you are prescribed medication, take it. Do not miss any doctor’s appointments, but if you must, immediately reschedule the appointment. Make sure that you understand the doctor’s notes and can read them. If you cannot read them, neither can the insurance adjuster. All this not only ensures your recovery, it helps to ensure your ability to be fairly compensated for your injuries.
3. Call local law enforcement or 911. Call law enforcement or 911 to report the wreck. Cooperate with the police when they arrive. While you are waiting on law enforcement, do not admit fault to the other driver or anyone else at the scene of the wreck.
4. Write down and photograph what happened. You will best remember what happened at the scene of an wreck if you write it down. What happened just before the wreck, during the wreck, and immediately after the wreck? What did you see, hear, and feel? If you have a camera or cell phone, take pictures of the wreck scene, the vehicles in the wreck, and the injuries to you and to others. You can document more or less depending upon the severity of the wreck, and if liability is obvious. (Please read further under “Documentation”)
5. Notify your insurance company. You should notify your insurance company after an wreck. Report what happened as accurately and truthfully as you can. It is important to put your own insurance company on notice. The other driver may not be insured or may be underinsured. The other driver’s insurance company also needs to be notified. When talking to the other driver’s insurance company, give your name, your insurance information, and a brief version of what happened. When they ask for more, tell them you will get back to them after you have spoken to a personal injury lawyer. Track your injuries in a journal. Being treated fairly is really dependent on good record­ keeping practices. You must account for everything that is important in your medical treatment and recovery. Write down how you feel and what is different in your daily life because of the wreck. Keep receipts for medical bills, rental cars, and any other expenses because of the wreck. Record the time, date, weather conditions, road conditions, conversations, and any other information about the wreck. (See “Documentation”)
6. Have medical providers to file on your health insurance. This will ensure that your bills are paid and your credit does not suffer while you wait for your case to resolve. The other driver’s insurance company generally will not pay you until your case is settled. Your healthcare provider will want to be reimbursed from what you collect; however, this amount may be less than what you would have to pay the health care provider because the health care provider may write off part of the bill. There is no guarantee that you will collect, and you do not want a bill with a medical provider hanging over your head.
7. Go to traffic court. Sometimes, a traffic ticket issued at the scene of an wreck will be dismissed at court if you do not show up to make sure it is prosecuted. It is harder for a ticket to be dismissed if you are there. At other times, the person charged with the ticket may contest the ticket and if you are not there, it will probably not be disputed. Why is this important to you? If the driver who caused the wreck is not found guilty, it makes it easier for the driver to say the wreck was not his fault.
8. Contact an attorney. Not all lawyers represent wreck victims. And not all lawyers who represent wreck victims handle your case personally or go to court, if necessary, to protect your interests. Find a lawyer who is qualified, deals with you directly, and is willing to try your case if that is what it takes to see that you are fairly compensated.

The medical bills from the injuries you received in your South Carolina car wreck should be paid from any settlement recovery you receive when you settle your car wreck case. If you have health insurance, you should submit all of your medical bills to your own health insurance company so that they can pay these bills and so that these bills do not go into collections. The problem, of course, is if you do not have health insurance. In this case, you will need to make some payment of these medical bills until your case settles and then your bills can be paid from the settlement.

You should also contact your own insurance company and ask if you have Medical Payments or Personal Injury Protection (PIP) coverage. If you do, then you should submit your bills to your car insurance company so that these bills can be paid. Your South Carolina car wreck lawyer can help you figure out a payment plan with your medical providers that will best suit your ability to pay.

You will work directly with your lawyer who is assisted by a qualified paralegal and other professionals. Your attorney, not a paralegal, will negotiate your car wreck case with the insurance company. If you and your attorney, together, agree a lawsuit is required in your case, your lawyer will be by your side to advise you of each decision. David Blackwell Law is committed to promptly answering any questions which may arise.

Being in a automobile wreck can be a huge financial burden. Because of this, David Blackwell Law works on a contingency fee basis. This simply means that you will only have to pay us if you are awarded money through a settlement or a trial. Also, we are reimbursed for any out of pocket expenses that we incur until your case is settled or tried.

You may not need a lawyer, but it does not hurt to discuss your case with a lawyer. For cases that only involve minor property damage, it is unlikely that a personal injury lawyer can offer much assistance. In more serious cases, it is much more likely that a good personal injury lawyer can assist you.

I would always recommend that you consult with a lawyer, and I can say with certainty that you should have a lawyer review your case under the following circumstances:

• The other driver was intoxicated
• Bones were fractured;
• Medical bills and lost wages together exceed $5,000;
• Pre­existing medical conditions are aggravated by the wreck;
• The at ­fault driver does not have insurance or enough insurance;
• Tractor trailer wreck;
• Medical liens are filed by your health insurer.
• The basic information that you need to share when you speak with a lawyer should answer the following questions:
  • When was the wreck?
  • Where was the wreck?
  • How did the wreck happen?
  • Did the police come to the wreck and issue any tickets?
  • Were you or was anyone else hurt or what were the injuries?
  • What kind of medical treatment have you received?
  • What damage was done to your vehicle?
  • Do you have insurance?
  • Does the other driver have insurance?

You certainly do not want to rely on anyone from the insurance company, including the insurance adjuster and your insurance agent. Their job is to minimize your claim. They will not want to pay you a large amount of money because they are working for the insurance company, not you. Your doctor is probably someone that you can trust to properly treat you for your injuries, but he has no idea of what your car wreck claim is worth.

You need to find an experienced personal injury lawyer to help you with your case. You should do your homework and make sure that the lawyer that you select handles the type of case that you have, will handle your case personally, and will try your case if it goes to court. The lawyer should be able to answer your questions and make you feel comfortable that your claim will be properly presented to the insurance company.

Most car wreck cases are settle without a lawsuit being filed. There are a variety of factors that will determine what is best for you. However, the decision to file a lawsuit or to settle remains with you, guided by our advice. In those cases in which a lawsuit is filed, the vast majority are settled before trial. Only a very small percentage of cases actually require a trial.

Insurance adjusters who are assigned to your case may want to talk to you about your car wreck claim. While most will be very friendly and personable, you should know that ultimately, their goal is to get you to settle for a low amount and to settle as quickly as possible. This is why you should seek legal advice from a South Carolina car wreck lawyer. A lawyer understands the tactics that an insurance adjuster may use in order to work in their best interests rather than yours, including getting you to say something that could be used against you.

You do not have to avoid speaking with an insurance adjuster, just be cautious about what you share. Keep the conversations to a minimum, sticking only to the basic facts about your car wreck claim. Do not offer more information than is necessary.

When your case ultimately settles depends upon several factors. The most important factor is not until you are fully recovered medically. Only when your doctor releases you can you begin to settle your case.