Do I Actually Need More Than the Minimum Auto Insurance?

Driving comes with inherent risks, and car accidents can happen even when you’re cautious. Unfortunately, they occur more frequently in South Carolina than in almost any other state. South Carolina has the second most fatal car accidents per capita of any state in the U.S. South Carolina’s roads are dangerous, and often the minimum auto insurance fails to provide adequate compensation for motorists harmed in crashes.

Contact a South Carolina car accident attorney immediately if you are in an accident if injuries are involved. They know the rules of insurance claims and will fight on your behalf to get the compensation you deserve from insurance companies and the negligent driver.

Minimum Required Auto Insurance in South Carolina

South Carolina requires drivers to have an active auto insurance policy. The minimum car insurance policy protects drivers against bodily injury liability, property damage liability, and provides uninsured motorist protection.

It does not have underinsured driver protection, collision coverage, comprehensive coverage, or medical payments. However, while none of these are legally required, they are all available for purchase.

Without proper insurance coverage, you will be responsible for your own medical bills if the driver who hit you doesn’t have sufficient coverage or money to pay for your injuries.

What Do Minimum Policies Cover?

Bodily injury liability coverage

Bodily injury liability coverage pays for other people’s injuries when you are at fault in an accident. The minimum insurance policy pays out up to $25,000 per person, but caps at $50,000 per crash, regardless of how many people were injured.

That means you have to pay for any medical expenses once those bills exceed the insurance limits. For example, if you cause an accident that results in $35,000 in medical bills for the other driver, your insurance will pay $25,000, and you will have to pay the additional $10,000 out of pocket. If there are three people injured (the driver and two passengers) and each has $20,000 in medical bills for a total of $60,000, insurance will pay no more than $50,000 and you will be personally responsible for the remaining $10,000.

Property liability coverage

In a car accident, property liability coverage pays for damages you cause to others’ property. This usually means the cost to repair the other vehicle, but it is not limited to that. It also includes buildings, fences, and any other physical item of value. For example, if the other driver had personal property in the vehicle that was damaged in the crash, such as an expensive smartphone, they could request compensation to replace it. The minimum coverage pays $25,000; you have to personally pay for property damage exceeding this amount.

Uninsured motorist coverage

If an uninsured driver causes bodily injury or damages your property, your uninsured motorist (UM) coverage will pay for the damages. Hit-and-run accident claims can also be filed using uninsured driver coverage. The payouts are the same as the liability coverage: $25,000 for one person’s medical bills, $50,000 for multiple people’s medical bills, and $25,000 for property damage.

Since you don’t know who the at-fault driver is in a hit-and-run, you cannot file a claim for compensation with their insurance carrier, so you must go through your own. In this case, your insurance company may charge you the deductible before paying you out of your UM insurance.

If the at-fault motorist is ever found, your insurance provider should reimburse you for the deductible.

Options for More Coverage

While not legally required, getting more insurance coverage than the minimum is smart. Auto accidents cause serious damage to property and expensive injuries to the people involved. The average 3-day hospital stay in the United States costs over $30,000, which is already $5,000 out of your own pocket if you have minimum coverage and injure someone in an accident.

You can pay more for better coverage that increases the payout’s upper limit. You can also get underinsured coverage, collision coverage, and comprehensive coverage.

Underinsured coverage pays out when you are in an accident where the other person is at fault, but their insurance does not cover all your medical bills or property damage.

Collision coverage and comprehensive coverage protect your vehicle. Collision coverage pays out when your car is damaged in a crash or collision with another vehicle or a stationary object like a fence. Comprehensive coverage protects your vehicle against all other potential damage like theft, vandalism, fire, falling objects (like trees or hail), and collisions with animals. Car repair often costs more than buying a new car, and without this coverage, you are left footing the cost on your own.

How Car Accident Attorneys Can Help You

If you are in an auto accident, you should immediately contact an attorney, especially if the other driver is at fault. Our car accident attorneys know the stress a car accident can cause, especially when injuries are involved.

Even if you have premium insurance, you may struggle to get fair compensation from insurance companies. This is because they are incentivized to pay as little as possible.

The insurance companies may try to pay less than you deserve, which is why you should not give official statements to them or accept any offer until you talk with a lawyer. Your lawyers can advise you on how to proceed and handle document acquisition so you can focus on recovering.

If the accident resulted from the other motorist’s negligent driving, you may qualify for compensation. You should not bear the responsibility for financial losses and emotional damages because of someone else’s poor decisions. An attorney can help you determine if legal action is suitable for your case.

Protect Yourself with Insurance and Legal Representation

South Carolina is dangerous to drive in, so you should protect yourself with more than the minimum auto insurance policy. Better insurance provides more monetary compensation if you get into an accident, and better protection from liability if you’re found at fault.

With premium insurance policies and legal representation on your side, you can feel safer on South Carolina roadways.

At Joye Law Firm, we have over five decades of experience helping people recover from car accidents. Whether you need assistance with your insurance company or were injured by a negligent driver, we want to help. Contact us for a free case consultation.

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Is it Safe to Ride a Motorcycle in the Rain?

Experienced motorcyclists avoid riding in the rain because it is significantly less safe than riding in dry conditions. Whenever possible, riders should try to avoid taking out their motorcycle when the weather forecast calls for rain, but this is not always possible, and riders may still be caught in unexpected rainstorms.

It is common for motorists to wrongly blame motorcyclists for crashes, so it is vital to protect yourself against legal action. Talk to a South Carolina motorcycle crash attorney if you have been in a motorcycle accident that was not your fault. Though motorcyclists are often blamed for their role in crashes, Joye Law Firm can help you prove you weren’t at fault and get compensation for your medical bills.

Why is Riding in the Rain So Dangerous?

Riding your motorcycle in the rain is dangerous for many reasons. These are a couple of the most significant risks associated with driving in poor conditions.

Poor visibility

Visibility decreases for you and other drivers in rainy weather. Rain streaking down a motorcycle visor can impede vision, and cold temperatures can lead to your visor fogging. Decreased visibility combined with slick roads is a recipe for a crash.

Avoid visibility issues by treating your helmet with anti-fog solutions or visor inserts. Wear high-visibility clothes when riding in the rain to help other vehicles see you more easily.

Slippery roads

During rain, roads are slippery and more dangerous for all vehicles. Since motorcycles have fewer points of contact with the ground, they are at a higher risk of losing traction than cars. Operate your motorcycle smoothly during wet conditions and seek out dry lines to stay upright. Small throttle increments and early braking are other necessary riding adjustments during rainy weather.

Be extra attentive at the first signs of rain. Roads are most dangerous to ride on during the first hour of rain because the rain mixes with slippery substances on the road like oil and dirt.

When possible, the safest thing to do is wait out the rainstorm. If you cannot do that, pull over to put on appropriate gear like a waterproof jacket and gloves. It is easier to operate your motorcycle smoothly when you are dry and warm.

Motorcycle Crashes in the Rain

If you ride in the rain and get into a crash because of another person’s poor driving, you might be eligible for financial compensation for your motorcycle damage and injuries. To be eligible for compensation after a motorcycle crash, you will need to prove the following:

1.  The at-fault motorist owed you the duty of care: When driving on public roads, all drivers owe each other a duty of care. This means drivers must operate their vehicles lawfully and safely. In the context of a motorcycle accident, all motorists must drive according to the same laws afforded to any other vehicle. For example, a motorcycle is entitled to a full lane just like any other vehicle. Motorists fulfilling their duty of care will not intrude into the motorcyclist’s lane.
2. The at-fault driver did not fulfill their duty of care: If a motorist causes an accident because they failed to fulfill their duty of care, you may be due compensation. Examples of duty of care breaches include driving under the influence and speeding. In inclement weather, even driving at or under the speed limit can still be considered speeding if it is too fast for the road conditions, according to South Carolina law. If you are partially responsible for the crash, you may still receive compensation from the other responsible party as long as you are less than 51% responsible.
3. The at-fault driver’s negligence caused you harm: The final step in proving you are due compensation is showing that the other driver’s actions caused you economic and non-economic harm. Economic harm can include medical bills, lost wages, or other expenses related to the accident. Non-economic harm is the pain, suffering, and emotional anguish caused by the accident. It is important to save all medical documents and other bills to prove the damages incurred.

Don’t Let Weather Stop You from Getting Compensation

While safety is compromised when riding a motorcycle in the rain, sometimes motorcyclists have no other choice. It is essential to ride smoothly, maintain your visibility, and be extra attentive whenever you need to ride in bad weather.

Unfortunately, you may do all of this and still get in a crash because of another motorist’s negligent driving, such as another vehicle hydroplaning and hitting your motorcycle. If this happens to you, contact an experienced attorney immediately.

The motorcycle crash attorneys at Joye Law Firm can fight for the financial and emotional compensation you deserve. Contact us today for more information and a no-obligation, free case consultation.

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Scholarship Contest Announcement

Joye Law Firm is pleased to offer students in South Carolina the opportunity to win a college scholarship.

Joye Law is offering six $2,000 scholarships to graduating high school seniors in South Carolina who plan to attend a four-year college or university in the fall. The law firm also is offering a $2,000 scholarship to help a South Carolina student attend a a Historically Black College or University. Click to learn more about the Joye Law HBCU Scholarship Program.

Every year, Joye Law Firm provides scholarships to help students from across South Carolina with college expenses. The law firm recognizes the importance of attaining a good education to help young people attain their career goals. Since 2006, the law firm is proud to have awarded more than $200,000 in scholarships as part of our Joye in the Community service program. Joye Law Firm is dedicated to giving back to the communities we serve and recognizing and assisting some deserving students.

South Carolina high school seniors who wish to apply for a scholarship should submit an application, a high school transcript, a list of extracurricular activities, a current photo, and a creative entry addressing one of the following timely topics:

• As a graduating senior, what advice would you give to your younger self (and other incoming freshmen) about navigating peer pressure and avoiding risk-taking behavior like drunk driving and texting while driving?
• Drunk driving accidents claim over 10,000 lives each year. Show or explain how drunk driving impacts your state, community and/or you, personally.
• If teens could be elected to the South Carolina House or Senate, what issues facing teens would be among your top legislative priorities? What laws would you want passed or changed and how?

Joye Law Firm is accepting scholarship application packages until May 1, 2022. The creative entry may be an essay, video, infographic, song, or poem. Find more information about the guidelines for applying for a scholarship and an online application form.

The scholarship selection committee will review the submissions with a focus on the creative entry, school activities, and each student’s community involvement.

Each scholarship recipient will be notified at your respective school’s end-of-year awards ceremony or by June 15th if the school does not have an awards ceremony.

Students are also required to nominate a favorite teacher who has inspired their creativity for a teacher prize. Inspiring teachers deserve recognition.

Apply here now.

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How Long Can You Stay on Workers’ Compensation in South Carolina?

Any injured employee can receive workers’ compensation for their lost income, medical expenses, and other benefits without having to prove their employer’s negligence was at fault for their injury. Workers’ compensation is set up to allow injured workers to receive benefits as long as they need them until they return to work up to 500 weeks of benefits.

If you have been injured on the job, find out how long your workers’ compensation payments will continue.

What is the Time Frame for Workers’ Compensation in South Carolina?

An injured worker may receive workers’ compensation for up to 500 weeks, with payments lasting a lifetime in permanent and total disability cases involving any degree of paralysis or a serious and permanent brain injury.   Workers’ compensation may also end when a doctor permits you to return to work, with or without restrictions, or when you reach maximum medical improvement.  However, if more than five months have passed from the date of the accident before your doctor does this, the insurance company has to follow certain procedures to try to end your weekly benefits.

How long you receive benefits depends on your work capacity, the severity of your injury, and your medical treatment needs.

When can I start receiving workers’ compensation?

You may be entitled to temporary partial compensation beginning on the 8th calendar day of being unable to work.

If you are unable to work for more than 14 days, you can retroactively receive compensation beginning from the first day of being unable to work.

What if I’m able to return to work, but with restrictions?

Your physician may clear you to return to work but advise you not to perform specific work tasks while recovering from your injury. In these circumstances, you may continue to receive temporary disability compensation if your employer can’t accommodate your restrictions. If you return to work but you are earning less than what you were before your injury, you may be entitled to temporary, partial compensation.  The amount of partial compensation you receive will be based on 2/3rds of the difference between your post-injury earnings and your pre-injury wages.

If your employer offers light-duty work, you must accept it or potentially lose your workers’ compensation benefits. If you believe you won’t be able to perform your assigned light-duty tasks, you may request a hearing.

Once your doctor confirms you can resume your full-time job with no restrictions, you will no longer receive compensation checks, although these checks cannot be unilaterally terminated more than five months after the date of the accident.

How Long Will I Receive Temporary Benefits if I Have to Go Back to Work?

When a doctor clears you to return to work, your employer can ask you to sign a Form 17 after working for 15 days. This form serves as a receipt of compensation indicating that you accepted workers’ compensation payments and understand that the checks will stop. If you have a lawyer, you should not sign any form without having your lawyer review it first.

What if I have a permanent and total disability?

If you have a permanent impairment affecting more than one body part and there is no reasonably, stable job market for you or your disability is more than 50% of your back, you may be considered permanently disabled. You could also be entitled to a scheduled member, permanent disability award if your doctor gives you a physical impairment rating when you reach the maximum medical improvement, which is the medical term for when you are as recovered as you will ever get.

The Workers’ Compensation Commission determines the amount you receive in your award. They base their decision on medical evidence, which may be expert testimony or the opinion of a licensed health care provider. You must produce documents to support the professional opinion, including medical records and receipts for treatments relating to the injury.

Paralysis cases like paraplegia and quadriplegia incur benefits for the rest of your life. Physical brain damage (deemed to be ‘serious’ in nature) also qualifies for this benefit.

If you are asserting that you are permanently disabled from working due to your injuries, it is crucial that you hire an experienced workers’ compensation law firm for a host of reasons.  This includes making sure that any settlement agreement does not wipe out tens of thousands of dollars of potential Social Security disability benefits in the future.  This is especially important if you have an injury which could entitle you to lifetime disability benefits.

What Can An Injured Worker Do If Their Benefits Were Denied?

If your employer has denied you further benefits, fill out Form 50 (workplace injury request for a hearing) and submit it to the Commission’s judicial department.

The commissioner for workers’ compensation in South Carolina listens to testimony and receives evidence to decide what benefits you should receive. You can have a South Carolina workers’ compensation lawyer review your claim and represent you at a formal hearing.

If you have sustained a significant injury, it is never a good idea to go a workers’ compensation hearing without the benefit of legal representation.  Rest assured that your employer and its insurance company will have a lawyer representing them.

We Can Help You with Your Workers’ Comp Claim in South Carolina

The lawyers at Joye Law Firm can guide you through the legal process of a hearing with the Workers’ Compensation Commission. Our lawyers have hundreds of years of combined experience handling workers’ compensation cases.  Two of our lawyers have served as the President of the South Carolina Injured Workers Advocates organization and several others have served on the board of this organization.  Getting in contact with us as soon as possible helps ensure you receive compensation for your injury claim and are treated fairly by the commission. Contact us today to arrange a free case evaluation.

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How Do I Know If My Child’s Cerebral Palsy Was Medical Malpractice?

Cerebral Palsy (CP) is a group of disorders that primarily affect motor function. It is the most common disability affecting movement and balance in children. There is no cure for CP, and it can take an enormous emotional and financial toll on both the child and their family.

While there are many causes of CP that are no one’s fault, medical malpractice is often to blame for a child’s cerebral palsy.

Medical malpractice occurs when a medical professional owes a patient a duty of care, fails to meet their duty of care, and that failure causes harm, like CP in infants. You may be owed compensation if you believe your child has cerebral palsy because of medical malpractice during delivery.

Our South Carolina medical malpractice attorneys can assess your case and determine whether you have grounds for a lawsuit.

Early Signs of Cerebral Palsy

Cerebral palsy shows itself through various symptoms because there are many kinds of cerebral palsy. The most common sign that a child has CP is a delay in reaching movement milestones like rolling over, crawling, and walking. Other common signs are categorized based on age.

• Signs of CP in babies under six months: If your infant feels stiff or floppy when you pick them up, or their head droops when you pick them up, you should bring them to a doctor for a diagnosis. If they overextend their back or cross their legs when you pick them up, these may also be signs of CP.
• Signs of CP between 6 and 10 months old: If your baby is between 6 and 10 months old and doesn’t roll in either direction, only uses one hand while keeping the other hand in a fist, or cannot bring their hands together, they may have CP.
• Signs of CP in over 10-month-old children: Signs of CP in children over 10 months old include an inability to crawl or crawling in a lopsided manner with legs and arms dragging.

If a doctor does not believe your child has CP, but symptoms continue, consider seeing another doctor for a second opinion. Save all documentation and ask your doctor to write out their opinion about your child’s condition if other documents do not address that.

Medical Malpractice Can Cause Cerebral Palsy

Most cerebral palsy cases are caused by abnormal brain development or brain damage before or during birth. Brain damage before or during delivery can result from asphyxia, unsafe birthing practices, surgical procedures, and untreated infections.

In many CP cases, the brain damage that leads to the condition could have been avoided except for a medical professional’s negligence.

Medical professionals and medical institutions have a duty to care for their patients. In the context of cerebral palsy, there was a duty to care for the child before, during, and after birth. If you believe you or your child’s duty of care was not met, either because of something the doctor did or failed to do, you should contact a medical malpractice attorney. With a lawyer’s help, you can collect evidence to prove you deserve compensation.

How a Birth Injury Lawyer Can Help

Caring for a child with CP is difficult and expensive. You should not have to bear the costs of a medical professional’s negligence. To win compensation in a CP medical malpractice case, you need to prove four things:

1. There was a medical relationship: First, you must show that the party that committed malpractice was involved in the care of your child. A delivery doctor, nurse, or the hospital where you gave birth are examples of people or parties who may be liable.
2. There was a deviation from standard care: You must show that medical staff or the medical institution deviated from the standard of care. An attorney with extensive experience in medical malpractice cases knows how to prove a deviation. You will likely need another doctor’s opinion to support your claim as well, but a law firm experienced with birth injury cases can help find medical professionals to act as expert witnesses.
3. The deviation caused your child’s cerebral palsy: Failure to provide the standard of care must be the cause of your child’s CP if you are to win compensation. Another doctor’s opinion is vital evidence. When you see medical professionals for your child, you should be collecting all documentation. This may help prove that the medical consensus is on your side.
4. The cerebral palsy diagnosis has harmed your child and your family: Finally, you need to show that CP is harming and will continue to harm you and your child. Harm in this context is either financial or non-financial.

Financial harm is a monetary expense you incurred because of your child’s CP. This is another reason to keep all medical bills, transportation expenses, and lost wage documentation associated with your child’s CP (for example, if you or your spouse had to leave your job to become a full-time caregiver to your child).

If you win your case, you will be awarded compensation. There is no limit on the amount you can be awarded for the economic damages you and your family suffer.

Non-economic damages, such as physical pain, emotional suffering, and loss of society can be compensated up to $350,000 in South Carolina. If your case involved negligence from a party that intended to do wrong, you may also be able to sue for punitive damages.

Get the Compensation You Deserve

There is no cure for CP, but there is treatment that improves the quality of life. If your child has CP due to the negligence of a medical professional, you deserve compensation to pay for your child’s treatment and non-economic losses. An experienced medical malpractice attorney will fight for you and give you the best chance at winning your case.

At Joye Law Firm, we have over 50 years of experience earning our clients the compensation they deserve. We want to use our legal knowledge to help you, so contact us today for a free consultation.

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