7 Reasons Why You Need a South Carolina Workers’ Compensation Lawyer

Under South Carolina law, if you work from an employer as an employee any injury claim you have is subject to South Carolina Workers’ Compensation law. South Carolina’s Workers’ Compensation law provides certain benefits for employees, which include medical payments and future compensation for any permanent impairment or disability. However, recovering these benefits without representation can become a difficult task. Filing a workers compensation claim is very complex and should be completed by an experienced workers compensation attorney who can guide you through the process, ensure that your claim is filed correctly on time, so your rights are protected.

Six reasons you should get help from a lawyer when making a workers’ comp claim

Avoiding common mistakes.

In my experience, people find it complicated to complete and file a workers’ compensation claim after being injured at work. The last thing you should be worried about is trying to handle a case yourself. I would often have to mention to clients that the insurance company and the employer oftentimes are looking out for their best interest. Therefore, filing a claim requires following a number of rules, making it easy to make mistakes. Experienced attorneys deal with the workers’ compensation bureaucracy every day. They know the system, and they can help eliminate errors that could put your claim in jeopardy.

Determining if you have a valid workers’ comp claim.

In order to protect your rights to compensation, the injured party must file a workers’ compensation claim.  Most people come up with reasons for why they should not file a claim before actually knowing if they have a valid claim. In my experience many people make the common mistake of not filing a workers’ comp claim for the following reasons: they were injured at work, reported the injury, and continued to go to work, or because the injury made an existing condition worse, or because they are sacred, if they file a claim, they might lose their job. Please do not make decision like these on your own.  It is a workers’ comp attorneys’ job to review your situation with the upmost skill and help you determine whether you have a valid claim for workers’ compensation benefits.

Help you gather evidence to support a valid claim.

Your employer and the insurance company may challenge your workers’ comp claim. For example, your employer may question the severity of your injury. A lawyer can help by seeking out an independent doctor so a thorough examination can be done to determine the true extent of your injuries. Another example, your employer may claim that your injury did not take place during work, or within the scope of employment. A lawyer can provide contradictory evidence to disprove this claim.

Avoid getting your claim denied.

A denied claim is one in which the insurance company or employer does not accept or believe that they have a responsibility to provide compensation for your injury or conditions. There are multiple reasons for why a workers’ comp claim can be denied. That is why I would advise retaining an attorney that will work by your side to reduce the chance of rejection. If your claim has already been denied, you should fight the insurance company with the help of a lawyer. A lawyer can determine if the appropriate time limits have been applied and can determine if your claim meets one of the exceptions.

Getting Social Security Disability (SSD) benefits.

Certain injuries may leave you unable to work due to disabling medical condition or a long-term injury. In these situations, you may be entitled to SSD benefits. A seasoned attorney can make sure your workers’ comp claim does not interfere with your eligibility in receiving full SSD benefits.

Help you with a third-party claim.

Under South Carolina law, an employee cannot sue their employer for being injured while performing a job assignment. A workers’ comp claim is the only venue for compensation by the employer for the work-related injury. However,  South Carolina does allow injured people to bring a lawsuit if a third-party’s negligence contributed to the injury. For example, if you are working on the highway and a vehicle speeds through the construction zone and accidentally hits you, the driver is a third-party and maybe be liable for your injury. In this case, you can seek compensation through the third-party’s negligence and a workers’ comp claim. Therefore, you should take advantage of having an experience attorney to evaluate and investigate all potential avenues for recovery related to your on-job injury.

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Understanding Your Auto Insurance Policy

Every driver in South Carolina is required to have proof of insurance in order to legally drive. You may be required to purchase some forms of coverage while others are optional, and you must purchase a certain amount of coverage, but will also have the option to purchase more if you wish to.

For example, in South Carolina all drivers are required to purchase both liability coverage and uninsured motorist coverage (not all states require uninsured motorist coverage, but South Carolina does). Insurers are also required to offer underinsured motorist coverage, although you are not required to purchase it.

South Carolina also requires minimum amounts of coverage for both liability and uninsured motorist coverage. These are:

• $25,000 bodily injury coverage per person
  • What this means: Insurance will pay up to this much in medical expenses for someone injured in the crash. If their medical expenses turn out to be less than $25,000, insurance will pay that much but not the full $25,000.
• $50,000 bodily injury coverage per accident
  • What this means: Insurance will pay up to this much in medical expenses for people injured in the crash but won’t pay more than this. This amount also overrides the “per person” amount. That means if three people were injured and they all had $25,000 worth of injuries, insurance would not pay $75,000; it would only pay $50,000.
• $25,000 property damage per accident
  • What this means: Insurance will pay up to this much for all property damage combined (vehicle damage, plus personal property inside the vehicle that was damaged, plus any other property that was damaged, such as buildings).

This coverage requirement may be abbreviated as “25/50/25.”

However, these minimum coverage amounts may not be enough to cover all expenses after a crash. That’s why we always recommend drivers purchase more than the minimum amount of coverage if they can afford to do so. If you are found to be responsible for a wreck that causes more damage than the coverage amount you purchased, you may be responsible for paying the remainder out of your own pocket.

Other typical amounts of coverage that may be offered include:

• 50/100/50 (we recommend this as the minimum amount you should purchase, if at all possible)
• 100/300/100
• 250/500/250

What the Different Types of Coverage Mean

While South Carolina only requires liability and uninsured motorist coverage, there are other types of insurance that are typically available. We go over all of the main types below, including when they can be used.

Liability Coverage: This type of coverage does NOT help you pay for any of your expenses after an accident! Instead, this type of coverage protects you from having to pay for other people’s crash-related expenses out of your own pocket if you are at fault for an accident.

Liability coverage will pay for the medical expenses and vehicle repair costs for the other driver, as well as any passengers, when you are at fault. If the other driver is at fault, their liability coverage will pay for your medical expenses and vehicle repairs.

Collision Coverage: This type of coverage WILL help you pay to repair your vehicle after a collision, even if you were at fault for the crash. Without collision coverage, you’ll be stuck paying out of pocket to fix your car if you were at fault for the crash.

Comprehensive Coverage: This type of coverage covers all vehicle damage that happens outside of a crash. For example, if your vehicle was vandalized, broken into, damaged by hail, or damaged by an animal, your collision coverage won’t pay to fix it, but comprehensive coverage will.

Medical Payments Coverage: This type of coverage helps pay for your medical expenses after a car accident, even if you were at fault for the crash. However, it’s usually only sold in small coverage amounts ($5,000 as opposed to $25,000, for example), so it shouldn’t be your only way of paying for crash-related medical bills!

Uninsured Motorist Coverage: If you are hit by a driver who is illegally driving without insurance, you can’t file a claim through the liability insurance they don’t have, so instead you’ll need to file a claim with your own insurance through your uninsured motorist coverage.

Underinsured Motorist Coverage: This type of insurance works the same way as uninsured motorist coverage, but it kicks in when your medical expenses are more than the at-fault driver’s insurance limits. For example, you’d use this if the at-fault driver only bought $25,000 worth of bodily injury liability coverage, but you have $30,000 in medical bills from the crash.

Your Auto Insurance May Also Cover Additional Perks

Depending on the type of insurance you bought, you may also be entitled to other benefits from your auto insurance provider. For example, it’s common for insurers to offer some roadside assistance benefits or other crash-related expenses, such as:

• Paying for your vehicle to be towed to a repair shop
• Paying for a rental car while your vehicle is being repaired
• Emergency travel expenses (typically hotel and food) if your crash happens far from home

Some of these benefits may apply even after a breakdown unrelated to a crash. Make sure to check your auto insurance policy to see what is included.

We’re Here to Help after a Crash

Insurance companies can be notoriously unhelpful and uncooperative when they need to pay out on an auto claim. But that’s where we come in.

At Joye Law Firm, our South Carolina car accident lawyers work hard to help injured victims get the full compensation they’re entitled to after wrecks. We make insurance companies live up to their end of the contract, and we don’t take no for an answer. Call today for your free consultation.

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What Happens During an Appeal in a Personal Injury Trial?

When an injured person (known as the “plaintiff”) files a personal injury claim against another party (known as the “defendant”), the dispute can sometimes result in a civil trial. If the plaintiff is unhappy with the result of the trial, they have the option to appeal the court’s decision.

Most injured people do not have previous experience filing lawsuits, much less appeals. For that reason, plaintiffs usually have lots of questions when they want to appeal a court’s decision, which is understandable. Following a trial, some plaintiffs find themselves wondering, “What happens during an appeal in a personal injury trial?”

If you have wondered this, read on. In the following post, we will discuss the appellate process in detail.

Common Steps to Filing an Appeal

Most personal injury claims do not go to trial. The majority of claims are settled outside of court through negotiations with the insurance company of the at-fault party. When negotiations fail, a trial may be necessary. Once a personal injury trial has concluded, the plaintiff can file an appeal if they are not satisfied with the court’s decision.

Filing a Notice of Appeal

The plaintiff’s attorney can file a notice of appeal within 30 days of the court’s initial decision. Once this happens, the plaintiff becomes known as the “appellant” and the defendant is known as the “appellee.”

After filing the notice of appeal, the appellant should acquire a transcript of the court proceedings. They then have 30 days to submit a brief to the court and other parties.

Oral Arguments

Sometimes, this brief is accompanied by an oral argument. Oral arguments are typically necessary in complicated personal injury cases. The oral argument should detail why the plaintiff/appellant disagrees with the court’s ruling. It should also specify the outcome that the plaintiff is seeking.

After the oral argument stage, the appeal has officially been “submitted.” If the claim is straightforward, the appeal may be submitted without the inclusion of oral arguments.

How Long Does an Appeals Decision Take?

Just like each personal injury claim, every appeal is unique. There are many factors that will influence how long the appeals decision will take in your case.

These factors include:

• The overseeing appellate judge
• The size of the judge’s current caseload
• The complexity of your personal injury case
• The number of documents in the record on appeal

When a personal injury appeal is more complex and involves more factors, the judge’s decision may take longer.

An Appeal is Not a Retrial

It is important to understand that an appeal is not the same as a new trial. The judges overseeing personal injury appeals do not hear testimony or new evidence. These judges simply review the relevant factors of the case. They decide whether there were any problems with the lower court’s decision.

Appellate judges do have the authority to return the case to a lower court for a retrial. However, they may decide that the lower court’s decision was appropriate. They may also amend the previous decision.

Defendants Also Have the Ability to Appeal

While we have focused on the ability of the plaintiff to appeal the court’s decision, the defendant (the party who has been accused of negligence) also has this option. Any of the relevant parties in a personal injury trial can legally appeal the decision of the court or jury.

In South Carolina, personal injury plaintiffs must prove their claims by a “preponderance of the evidence.” This is a legal standard of proof. A preponderance of the evidence has been met when the plaintiff convinces the judge or jury that their view of the case is more likely than not.

During a personal injury trial appeal, the appellate judge can review whether the plaintiff’s claim actually met this standard. If not, they may decide to appeal the decision in favor of the defendant.

The Advantages and Disadvantages of Appealing

It may sound like a personal injury trial appeal is an easy way to contest a decision that you do not like, but it is not so simple. There are potential costs to filing an appeal.

First, the appeals process is typically expensive, since additional court costs and fees are required to file an appeal.

Second, the appellate judge may change the outcome of the case in a way that is not favorable to you. If you file an appeal as a plaintiff, the judge may find that you are owed less money than the initial court ruling gave you. There is no guarantee that the appellate court’s ruling will be better for any particular party.

Contact an Experienced Legal Professional

If you have been injured and believe that you are owed financial compensation, contact a personal injury attorney. Having an experienced legal representative will give you the best chance of receiving the compensation that is rightfully yours.

Contact the experienced South Carolina personal injury lawyers at Joye Law Firm today for your free case review.

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from Joye Law Firm https://www.joyelawfirm.com/2021/04/appeals-process/
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Davis’s Baked Macaroni & Cheese

Macaroni and cheese is a creamy classic. Who doesn’t love pasta and cheese? It’s as simple to prepare as it is gooey and delicious. It speaks to the child in all of us and conjures up fond memories of family gatherings with mothers, grandmothers, and favorite great aunts.

Mac and cheese is a welcome side dish at almost any occasion involving food— holiday feasts, potluck suppers, covered dish parties, and quick work night meals.

This delicious mac and cheese recipe offered by Davis Rice, an attorney in our Upstate Office in Clinton, appears in Joye Family Favorites, our collection of recipes from our team, family, clients, and dear friends. We enjoy sharing recipes. We trust that you’ll enjoy this baked mac and cheese recipe as much as we do.

Let’s start with the ingredients you’ll need:

• ½ pound Elbow Macaroni
• 12 ounces shredded Cheddar cheese
• ¾ stick of Butter
• 3 tablespoons of Flour
• 3 cups of Milk
• ½ cup Onion, diced
• 1 large Egg
• 1 cup Breadcrumbs for topping
• Salt and Pepper to taste

How to Make Mac and Cheese-Step by Step

Preparation:

1. The temperature to bake mac and cheese is 350 degrees Fahrenheit. Preheat the oven.
   
2. Boil pasta, drain, and set aside.
3. In a medium saucepan, melt 3 tablespoons of butter. Add flour, stir until smooth. Add milk, spices, and diced onion.
4. Temper in the egg.
5. Add ¾ of the shredded cheese and begin adding cooked macaroni. Stir until all macaroni is coated.
6. Pour mixture into 2-quart pan and cover with remaining cheese.
7. To make the mac and cheese crispy on top, melt the remaining 3 tablespoons of butter in saucepan and coat breadcrumbs, then sprinkle the buttery crumbs over the mixture.
8. Bake the mac and cheese for approximately 30 minutes until golden brown.

Common Mistakes to Avoid When Making Mac and Cheese

 Here are a few general tips to help avoid some pitfalls when preparing baked mac and cheese.

• Don’t rush the process of combining the melted butter, flour, and milk. Cook the butter and flour for a minute or two until well blended and smooth. Then add the milk a little at a time while stirring continuously for a creamy texture to the sauce.
• When cooking the macaroni, it’s best to cook the pasta al dente and to err on the side of undercooking the pasta slightly at this stage. Keep in mind that the macaroni will continue cooking when you add the sauce and bake the dish. This can help prevent overcooked noodles.
• Don’t skimp on the cheese on top! Before baking your mac and cheese, be sure to top it with a healthy sprinkling of fresh cheese. The top layer of cheese will help seal in the moisture of the dish.
• When your mac and cheese comes out of the oven golden brown, it’s hard to resist digging in immediately. But baked macaroni and cheese will taste even better if you give it 10 to 15 minutes to rest before serving. If you can’t wait, we understand!

Get a Copy of Joye’s Family Favorites

We hope you will enjoy Davis’s baked macaroni and cheese recipe. If you try it, we’d love to hear from you. It gives us pleasure to hear others’ experiences with our recipes. If you would like to see more recipes from Joye Family Favorites, our cookbook is available free of charge. Click here and fill the form to download Joye Family Favorites.

Do you have a recipe you’d like to share, or do you wish to receive future communications from Joye Law Firm? Just let us know! Call 1-888-324-3100 or email gethelp@joyelawfirm.com.

Joye Law Firm has been offering legal services to the people of South Carolina for more than 50 years. Our team of accomplished South Carolina injury and disability attorneys represents injured people in cases involving personal injury, car wrecks, 18-wheeler accidents, motorcycle accidents, workers’ compensation, product liability, premises liability, veterans’ disability, and more. Visit www.joyelawfirm.com to learn more.

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What It Means When No One Gets a Ticket After A Car Accident

After a car crash, you’ll probably do three things: assess yourself for injuries, exchange contact and insurance information with the other driver, and call the police to file an accident report.

When the police arrive, they’ll take down information from both drivers, then typically write a ticket for whichever driver they judge to be at fault in the accident. However, that’s not always what happens.

If you were in an accident and called the police to file a report, but the police officer left without writing anyone a ticket, you may be stuck wondering whether you can still get compensation for your vehicle repairs and injuries.

Let’s go over why this situation happens, and what it means for you.

Why No One Gets a Ticket After a Collision

There are essentially two reasons why no one would be written a ticket after a collision.

No laws were broken. Tickets can only be written for traffic violations, and if no traffic violation was committed, no ticket will be written. Most crashes happen because a driver was doing something illegal, such as speeding, driving under the influence of drugs and alcohol, or texting while driving. Unfortunately, not all dangerous driving behaviors are illegal.

The police couldn’t determine fault. In many crashes, there is enough obvious evidence for responding police officers to draw conclusions about what happened. For example, if two cars collided at a stop sign, the officer can typically conclude the driver with the damage to the front of their vehicle illegally failed to come to a stop, and is at fault for hitting the driver with the damage to the rear of their vehicle. However, not all wrecks are as cut-and-dried as this scenario.

Can I Still File a Lawsuit After a Crash Even If No One Got a Ticket?

Yes. Even if the person who caused your injuries wasn’t doing anything illegal, they can still be found negligent in a civil proceeding like a personal injury lawsuit.

For example, it’s not illegal in South Carolina to eat while driving. However, the standard for negligence is whether a “reasonable person” would recognize the behavior as dangerous and likely to cause harm. Many people eat while driving, but most people also know that taking a hand off the wheel to hold a burger purchased at a drive-thru makes them more likely to lose control of their vehicle.

A ticket is just one piece of evidence that the other driver was negligent, but it’s not the only piece of evidence that can be used. In fact, it may not even be necessary. An experienced auto accident attorney can help prove the other driver was negligent through a variety of evidence, including:

• The police report
• Testimony from witnesses or experts
• Video footage from dash cams, traffic cams, or security cameras from nearby businesses
• Physical evidence from the crash
• Crash scene reconstructions

Can a Police Officer Write a Ticket Later If They Didn’t at the Crash?

Yes, while it may seem strange or even unfair, just because a police officer doesn’t write a ticket at the scene doesn’t mean no ticket will be written at all. Occasionally, police officers may seem to “let people go” after accidents or traffic stops without consequence, only for someone to later get a traffic citation in the mail.

Contact Our Experienced South Carolina Car Accident Attorneys for Help

After a collision, someone is always going to be found at fault, even if no tickets were issued. However, when there is no ticket issued, it does make it harder to prove fault.

South Carolina follows a modified comparative negligence law, which means both drivers could be found partially at fault for a crash. If you are found to be more than 50% responsible, you lose all rights to compensation. This is why it’s so important to have an experienced auto accident attorney on your side.

If you or someone you love has been involved in a wreck and seriously injured, call our team today for a free case review. Our South Carolina car crash attorneys can help prove you your case and ensure you get the compensation you need.

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from Joye Law Firm https://www.joyelawfirm.com/2021/04/no-ticket-after-crash/
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7 Simple and Healthy Ways to Destress

No one can deny it’s been a long and stressful year, and we may not be out of the tunnel yet. However, being stressed day in and day out is no way to live. Excessive, long-term stress can have a negative impact on mental and physical health, which is why for National Stress Awareness Month, we want to share simple ways you can chase away the stress for a while.

How You Can Reduce Stress in Your Life

We’ve compiled seven easy ways to help reduce stress that you can do yourself from home for little or no cost.

Meditation

Meditation is a technique that has been in use for thousands of years, and has been proven to help reduce stress. Start by sitting down in a position you find comfortable. It doesn’t have to be cross-legged, either; you could also sit in a chair. Close your eyes, while keeping your muscles relaxed, and breathe in through your nose and out through your mouth. As you do so, reduce your focus to one thing, and try to block out everything else. You could focus on a sound, a feeling, or the awareness of your own body, so long as it is not anything that is distracting or worrying you, like your to-do list for the day.

If you find it hard to keep your mind from wandering during meditation, don’t worry. Like anything, meditation takes practice, and you’ll get the hang of it soon. Don’t chastise yourself for losing focus; when you notice your mind wander, simply reset and begin again. Start small, 5-10 minutes a day, and set a timer to prevent you from continually checking your phone to see how long it’s been.  There are also a lot of good phone apps available that are great for first-timers and experts alike.

A Change of Scenery

Physically removing yourself from the source of your stress, even just for a little while, can help you “reset” your stress levels. Make time in your work schedule for a 15-minute snack break and make sure eat away from your desk, or take a 10-minute walk outside.

Surrounding Yourself with Greenery

Houseplants are proven to improve air quality in a home, but they can also act as mood-boosters! Numerous studies have shown that simply looking at a plant can switch a person’s brain over to a different mode of processing. The results? Reduced heart rate, reduced levels of stress and aggression, and improved memory, concentration, and creativity!

Progressive Muscle Relaxation

This relaxation technique reduces stress by progressively tensing then untensing one muscle group at a time. Here’s how it works: breathe in while tensing the first muscle group (for example, you might start with your feet), hold for 5-10 seconds, then relax those muscles while breathing out. Stay relaxed for 10-20 seconds before moving on to the next muscle group (for example, your calves).

This exercise works best while sitting or lying down. While you might notice other muscles tensing when you first start, really focus on only tensing one muscle group at a time. Progress up your body until you’ve reached your head. Take about 15-20 minutes to complete this exercise.

Exercise

Exercise has been called “mediation in motion,” because it can help you forget other distractions or worries to focus on your body’s movement in the moment. Exercise can also release a rush of endorphins to improve your mood, what you may have heard of before as “the runner’s high.”

However, it only works if it’s something you enjoy. If you dread the idea of your alarm going off for a morning jog before work, then it likely won’t be as effective a form of stress-relief as you hope. It may be that a non-traditional type of exercise, such as yoga or even gardening, could be the one for you!

Unplug

Studies have shown that constant interruptions from smartphone and email notifications can increase heart rate, tense muscles, and trigger a stress hormone in the brain.

It’s easier said than done, but even if for just 30 minutes a day, find a window where you can commit to no screen time. That means turning off the computer and TV, and more importantly, not only putting down your phone, but turning it off!

Smile

When you are feeling upset or stressed, smiling is probably the last thing you feel like doing. However, studies show that the physical act of smiling can trigger chemicals in the brain like dopamine and serotonin that boost your mood.

Studies have also shown that laughter can reduce inflammation in the arteries, lower levels of stress hormones, and even increase good cholesterol. That sounds like a good reason to justify taking a moment to enjoy a funny meme or video to break up the day.

Reduce Stress, Reduce Accidents

The negative effects of stress are endless. Stress can cause insomnia, increase levels of aggression, impair situational awareness and concentration, and more. And all this increases your risk of causing or being injured in an accident, from workplace accidents to auto accidents.

Take the time this month to improve your mental well-being, and you’ll be helping those around you as well. I If you find yourself injured due to the actions of someone else, let Joye Law Firm take some of the stress out of that, too.   We can help you get compensation, while you focus on recovery.

Have questions about an injury claim? Ask the experienced South Carolina personal injury attorneys at Joye Law Firm today.

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