Why Can’t I Use My Own Doctor on Workers’ Comp?

Workers’ compensation can help you recover lost wages and pay for causally related medical expenses if you are injured in a workplace accident. Knowing what to do if you suffer an injury on the job is vital to ensuring you get the most out of your workers’ comp benefits.

After sustaining an injury, it is common to seek out a doctor you are comfortable with; however, South Carolina’s Workers’ Compensation Act restricts injured and sick workers’ rights to see their own physicians. Instead, injured workers must visit a company-approved physician to assess their condition and treat injuries.

Read on to learn why you need to go to your company-provided doctor and how a workers’ comp attorney from Joye Law Firm can help you with your claim.

Doctor Requirements for South Carolina Workers’ Compensation

Under South Carolina law, your employer and their workers’ compensation insurance carrier have the right and responsibility to choose the doctor who will treat you. Insurance companies often provide you with a list of available medical providers.

If you visit a non-approved doctor, your compensation benefits will not cover the visit, and you may even lose your benefits. The only exception to this rule is emergency care for injuries that require immediate medical attention.

For instance, you can seek emergency care without first receiving approval if you suffer a life-threatening injury. However, your workers’ compensation insurance must approve the follow-up care provider if the emergency room refers you for follow-up treatment for your injuries. If you do have a specifically denied workers’ compensation claim (in writing), then you can see a doctor of your own choosing for treatment, but you will need to use your own insurance or pay out of pocket. This treatment will not be paid by workers’ compensation unless they specifically agree to the same, or a judge rules that they must pay for it at a Hearing.

Why Can’t I Use My Own Doctor for a Workers’ Comp Claim?

The reason you can’t use your own doctor for a worker’s compensation claim typically has to do with your employer’s insurance contract. Nearly all employers in South Carolina with more than four workers must carry workers’ compensation insurance.

Although the state regulates workers’ compensation benefits, your employer’s chosen insurance company pays them out. Workers’ comp insurance companies contract with or hire their own healthcare providers. So, similarly to private health insurance, you must see an in-network provider to receive coverage.

What to Expect with a Company-Provided Doctor

When you receive treatment under the Workers’ Compensation Act, you automatically consent to share your work-related medical records with your employer, the insurance company, the nurse case manager, and/or the Workers’ Compensation Commission.

Your treating doctor shares your healthcare history with them as long as you receive notice of communication. Your doctor is also responsible for the following:

• Evaluating your medical history for previous injuries and pre-existing health conditions
• Limiting your work duties while you heal
• Assessing to determine if you have reached your maximum medical improvement

Their medical evaluations can determine if you can continue to receive workers’ compensation benefits and when you are able to return to work, whether on light-duty or at your prior capacity.

For example, your doctor may declare you have reached your maximum medical improvement level, meaning that further improvement in your medical condition is no longer possible or can be done without the supervision of doctors.

If you have to travel more than 5 miles round trip to see a medical provider, you can also get travel reimbursement at a per-mile rate. This benefit is also available if you need to drive to a pharmacy that is a 10-mile round trip from your home.

Can I Get a Second Opinion for My Treatment?

Your employer’s representative must approve your visit to another doctor within their network if you disagree with the opinion of your treating physician. You can request a hearing if they don’t comply, and the Workers’ Compensation Commissioner will decide your case.

During your hearing, you can explain why you want to switch doctors. You can begin seeing another authorized physician if the Commission approves your request.

A workers’ compensation attorney from Joye Law Firm can help you get approval for seeing your own physician, if necessary. Our lawyers will represent you during your hearing and ensure you have the correct documentation and evidence to support your request and get it approved. Additionally, a workers’ compensation attorney may send you out for a one time evaluation from an independent doctor in order to get a 2^nd opinion regarding diagnosis, restrictions or medical treatment which would be necessary in the future.

How to Handle Visiting the Doctor for a Work-Related Injury

Maintaining a working relationship with your treating physician is essential to preserving your right to a hearing. Remaining compliant with treatment before and until an appeal gives you access to your medical records and helps build a foundation for your case.

Inform the Doctor of Your Injuries

The company-approved doctor should know all the injuries you sustained in the accident. This information is crucial if you request a hearing to switch doctors. Be prepared to disclose previous injuries and pre-existing conditions, such as diabetes and heart disease.  It is important to discuss all of your sources of pain and problems. Often, an injury in one body part will affect another body part through your overcompensation, gait or bodily changes. Make sure to be open and honest about all of your issues and pain with all treating entities.

Attend All Follow-Up Appointments

It is essential to follow all doctor’s instructions and attend every appointment. Failure to do so may result in your employer and its insurer concluding that your injuries are not as severe as you claim.

Obtain Your Medical Records

Review your records to ensure your doctor documents all your injuries and subsequent complaints. If the records don’t show your complaints, your employer and workers’ compensation insurers may decline to authorize treatment or additional visits to other doctors.

Begin Your Case with the Joye Law Firm

A South Carolina workers’ compensation attorney from the Joye Law Firm can help you with all aspects of your workers’ compensation claim, including appealing claim denials. We can also help you determine your options if you have concerns about the medical care you’re receiving or need help navigating your compensation benefits.

Contact our law office for a free, no-obligation case consultation to discuss your workers’ comp rights.

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Workers’ Comp Settlement After Surgery

It is not unusual for an injury suffered in a job-site accident to require surgery. For most workers employed in South Carolina, the state’s workers’ compensation system should pay for surgery related to any injury suffered in a workplace accident.

Your employer’s workers’ compensation insurance policy should pay for your surgery and other medical care as well as a portion of your lost wages if you were injured while on the job. If your employer tells you otherwise, you should speak to an experienced South Carolina workers’ compensation lawyer as soon as possible.

Joye Law Firm has helped thousands of workers in Summerville and across South Carolina seek the workers’ compensation benefits provided to them by South Carolina law. If you have questions about a workers’ comp settlement, the experienced Summerville worker’s compensation attorneys at Joye Law Firm are ready to help you.

While each workers’ compensation case has its own considerations and complexities, we are proud of our record of results in workers’ comp cases. Eight of our attorneys were recognized in the 2022 edition of The Best Lawyers in America in the workers’ compensation practice area. Contact us today to learn how we may assist you during a free consultation.

Does S.C. Workers’ Compensation Pay for Surgery?

Workers’ compensation should pay for 100% of reasonable medical care related to a work-related injury or illness. Payments for surgical procedures cover the basic service and the normal range of care required before and after surgery. This includes:

• Immediate preoperative care, including the initial exam by the surgeon whether performed in the hospital or elsewhere, completion of hospital records, and initiation of the treatment program
• Anesthesia, such as infiltration, digital block, or topical anesthesia
• The surgical procedure
• Follow-up care.

Workers’ compensation should pay for your hospital stay, any medication required after surgery, such as for pain, and for all prescribed rehabilitation therapy.

Does Workers’ Compensation Cover Lost Income While I Am Recovering from Surgery?

If any work-related injury or illness causes you to be unable to work for a living while you are receiving causally related treatment, you should receive compensation for lost wages at a rate of two-thirds (66.6%) of your average gross weekly wages prior to your injury. Temporary disability payments begin after you have missed one week of work because of your injury and then include payment for the first week and subsequent weeks as you recover.

If you are written out of work or your employer is unable to accommodate your restrictions, then wage-replacement benefits should continue until your physician declares that you have reached maximum medical improvement. At that point, you will either return to work if you are able to do so, or receive a diagnosis as being permanently disabled.

If you have a permanent impairment to the body part that you injured as a result of your work related accident, you should qualify for a disability settlement in the form of:  

• Permanent Partial Disability (PPD). This benefit is paid when your injury causes a partial disability to the body part you injured.
• Permanent Total Disability (PTD). If you have a permanent disabling condition that prevents you from returning to work, total disability benefits are to provide compensation that covers up to two-thirds of your average pre-disability wages for up to 500 weeks (9.6 years). In certain cases, such as paralysis or severe traumatic brain injury (TBI), PTD benefits may be available for life.

If you suffer certain types of permanent injuries, such as the surgical loss of a limb, then you are entitled to a specific scheduled benefit set by South Carolina law. For the loss of a leg, for example, the payment is two-thirds of your average weekly wages before the injury for 195 weeks (3.75 years).

Many workers are unaware of the extent of benefits available through workers’ compensation. Most workers never have a reason to learn about the workers’ compensation program until they are injured. Then, they are thrust into a complex system while they are dealing with an injury, impending surgery, loss of work, and a disrupted life. As a result, many workers who would qualify for benefits never claim them.

Let Joye Law Firm help you seek the full benefits available.

Can I Settle My Workers’ Comp Case Before Surgery?

It is possible to settle your workers’ compensation claim before having surgery that you know you will have to undergo. But it’s important to discuss the pros and cons of this with a knowledgeable workers’ compensation attorney.

The advantage of settling a workers’ comp claim before having surgery is that, because the insurance company will have agreed to pay you, you can schedule your surgery as you wish without the insurer’s further interference. It may give you peace of mind to know that you have the money necessary to pay for your procedure. Some insurers will delay or deny surgical authorization to avoid the expense, which can exceed $100,000 for major surgery. Their hope is that you will give up trying to obtain payment for surgery through workers’ comp.

However, the disadvantage of settling before undergoing surgery is that, if there are complications, you may not have the right to seek additional payment. If surgery is not totally successful and your earning ability is adversely affected, you may no longer be able to claim disability benefits.

If you are represented by Joye Law Firm, we can advise you if the circumstances warrant settling your claim prior to surgery. We can advise medical providers of your workers’ comp claim and that we represent you.

How We Can Help You Recover Workers’ Comp Surgery Benefits?

If your employer or their insurer has balked at paying for recommended surgery or has denied your workers’ compensation claim, you have the right to request a hearing before a commissioner with the South Carolina Workers’ Compensation Commission. An attorney can represent you.

At the hearing, you will be allowed to present evidence of your injury and need for surgery — chiefly, your medical records and physician testimony. You have the right to obtain a second opinion about your medical needs — known as an independent medical exam, or IME — to support your claim. Joye Law can refer you to physicians who understand your injury and the S.C. workers’ compensation system and can provide testimony on your behalf at the hearing.

If the outcome of the hearing in front of the commissioner is not the desired outcome, you have the right to appeal the decision and have your case reviewed by a three-member panel of commissioners. After that review, it is possible to appeal to the S.C. Court of Appeals or even the South Carolina Supreme Court. Joye Law can represent you in all necessary appeals.

If you have a serious work injury or need surgery for a work-related condition, the sooner you get a lawyer involved, the more likely it is that you will be able to fully protect your right to obtain surgery and other care and benefits you need in a timely manner.

Contact a Summerville Workers’ Compensation Attorney

Workers’ compensation is a complex program, which allows employers and insurers to oversee an eligible worker’s medical treatment and have input on costly procedures, such as surgery.

The Summerville workers’ compensation lawyers of Joye Law Firm can help you establish a strong claim for you to receive all necessary medical treatment if your employer is disputing your claim and associated workers’ comp benefits. Joye Law Firm has been successfully assisting injured workers like you in Summerville and across South Carolina for more than 50 years. We know what you are going through, and we know how to help.

Our lawyers and staff treat each client with respect, compassion, and care. Contact us online or by phone at 888-324-3100 on today to discuss the details of your Summerville workers’ comp case with an experienced South Carolina attorney.

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3 Ways Trucking Companies Break the Law and Cause Crashes

The trucking industry forms the backbone of America’s freight transportation, with over 38.9 million vehicles moving over 72% of the nation’s freight in 2021. However, statistics compiled by the Insurance Institute for Highway Safety (IIHS) also reveal accidents involving large trucks result in over 4,000 fatalities every year, 84% of which are pedestrians, bicyclists, or passenger car and motorcycle occupants.

Unfortunately, not all trucking companies respect the laws and regulations surrounding commercial trucking. By pursing profits over safety, they instead contribute to the number of large truck accidents and the damages they cause to innocent victims on the road. Here are the top causes of trucking company negligence you should know.

1. Long Hours and HOS Violations

Federal laws regulate the maximum number of hours a property-carrying driver, such as a commercial truck driver, is legally allowed to drive. The Federal Motor Carrier Safety Administration (FMCSA) outlines a summary of these Hours of Service (HOS) regulations:

• Requirement to take a 30-minute break for every 8 hours of consecutive driving
• Maximum shift length of 14 hours, with an 11-hour driving limit per shift
• Minimum of 10 hours off duty between each shift
• Maximum of 60 hours on duty for every 7 consecutive days on duty, or 70 hours on duty for every 8 consecutive days on duty
• Minimum of 34 hours off-duty between each 7/8 day on-duty period

Studies have shown that truck drivers often work unreasonably long schedules and drive far past the limits imposed by federal HOS regulations, often at the encouragement of their employers. In doing so, drivers suffer from chronic fatigue and sleep deprivation, reducing their reaction times, impairing their judgment, and increasing the risk of falling asleep at the wheel.

According to the FMCSA’s Large Truck Crash Causation Study, fatigue is one of the top contributing factors of large truck accidents, representing 13% of all accidents.

How to Prove Truck Drivers Violated HOS Regulations

Since 2017, most trucking companies have been subjected to the Electronic Logging Device (ELD) rule, requiring them to use electronic devices to record service hours for each driver and each vehicle.

If you or a loved one has been injured in a truck accident, an experienced South Carolina truck accident attorney from Joye Law Firm can help you obtain evidence to prove a HOS violation. Examples of evidence we can compile on your behalf include ELD driving logs, GPS data, cellular records, time stamps on shipping records, and other crucial data.

2. Negligent Vehicle Maintenance

According to data compiled by the Department of Energy, an average Class 8 truck (a category which includes tractor-trailers) will drive over 62,000 miles per year. In comparison, the average passenger car or light truck vehicle only drives about 11,500 miles annually.

Although the average semi-truck is designed to drive many more miles than a car, maintenance is still crucial to ensure they remain in proper working order.

A trucking company that fails to maintain its fleet not only risks breaking the law by failing inspections but also endangers drivers with an increased chance of vehicle faults and malfunctions, including the following:

• Tire blowouts
• Brake fade and/or failure
• Steering column damage or failure
• Damage to trailer hitches
• Engine failures

According to the FMCSA, brake problems are the most common contributing factor in large truck crashes, representing 29% of all incidents. Other common vehicle-related contributors are tire problems (6%) and load-shifting due to overloading of trucks (4%).

3. Inadequate Driver Screening and Training

One of the top responsibilities of any trucking company is to ensure their drivers are qualified to handle their tasks.

Besides ensuring each driver has a valid Commercial Driver’s License with the appropriate endorsements, each company must also verify the driver’s history and provide all necessary training and safety drills to ensure their drivers are safe and responsible.

Federal law also imposes medical requirements and periodic medical examinations valid for two years to ensure each driver is physically able to continue working.

Ideally, trucking companies should screen potentially unsafe or irresponsible drivers before hiring them. Should they find evidence of unsafe behavior, the company must issue the appropriate corrective or disciplinary actions, from retraining to firing.

Unfortunately, many accidents can be attributed to unsafe behavior, unqualified drivers, and poor screening practices.

The FMCSA’s Causation Study determined the following driver faults are among the most common causes of truck crashes:

• Speeding or driving too fast for the road conditions (23%)
• Driving under the influence of over-the-counter drugs (17%), including stimulants
• Inadequate surveillance of blind spots (14%)
• Illegal maneuvers (9%), such as unlawful passing, driving down the wrong lane, or U-turns in prohibited zones
• Inattention (9%)
• External distractions (8%), such as mobile phone usage.
• Following other vehicles too closely (5%), suggesting a violation of the recommended safe distances

Injured in a Truck Accident? Call Joye Law Firm

If you or a loved one suffered injuries in a truck accident, it is vital to seek experienced legal representation. Hiring a lawyer with experience in successfully handling truck crashes is essential to prove liability and get the compensation you deserve.

Joye Law Firm has over 50 years of experience representing the interests of South Carolinians. Our team has an excellent track record representing victims in accidents involving semi-trucks, tractor-trailers, and other commercial vehicles.

We will fight for your rights, standing up against pushback from big trucking companies to help you get the maximum financial compensation you are owed. Contact us today to schedule a free initial consultation.

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How Long Does It Take to Get My Workers’ Comp Check?

If your workplace injury prevents you from working, discovering that your workers’ compensation claim was approved can be a huge relief. However, checks for lost wages are rarely issued immediately, often leaving injured workers struggling to pay bills after an injury.

While you will likely receive your check within a few weeks of filing your claim, the process will take longer if complications arise in the filing. Learn the timeline for getting your workers’ comp check and how Joye Law Firm can help you if your checks are delayed.

The Waiting Period for Workers’ Compensation

Some workers’ compensation benefits, like temporary or permanent disability payments, cannot be paid out immediately. South Carolina Code § 42-9-200 prevents injured employees from receiving wage benefits for the first 7 days of their injury.

If the injury is serious enough to keep an employee out from work for more than seven days, they can receive wage benefits beginning from the eight day. However, if the injury is serious enough to keep them out from work for more than 14 days, they can retroactively receive benefits for those first seven days as well.

Medical care benefits are not subject to this waiting period. Section 42-15-60 requires that workers’ comp cover medical treatment for your injury, even during the first seven days. Consult with a workers’ compensation attorney if your employer’s insurance refuses to cover medical treatment during this time, because you are legally eligible for compensation.

When Will I Receive My Workers’ Comp Checks?

Most employees can expect to receive weekly workers’ comp checks within 2-3 weeks of filing their claim. Your first check will cover the wages you lost in the second week after your injury since you usually cannot receive compensation for the first 7 days.

Because workers’ compensation is paid by your employer’s insurance, not your employer themselves, the insurance company must review the claim before beginning payments. This review process can take several weeks, further delaying your check.

What Can Delay Workers’ Comp Checks?

If there are problems with your workers’ comp claim, receiving your workers’ comp checks can take much longer. Here are some of the most common reasons workers’ comp checks are delayed.

Your Employer Refuses to File a Claim

Both you and your employer must file a workers’ comp claim for you to receive payment. Once your employer knows about the accident, they are legally required to report the accident within 10 business days.

If you file a claim before your employer, you will not receive checks until your employer files. The insurance company will deny your claim if your employer does not file within 10 business days.

Your Employer Disputes Your Claim

Your employer has the right to dispute your workers’ comp claim in some circumstances: for example, if they believe your injury did not happen while performing work duties or that it is not serious enough to prevent you from working. Once your employer files a dispute, the insurance company must investigate, which will delay your checks.

Insurance Suspects Your Claim is Not Valid

If insurance has any reason to believe your claim is invalid, they will delay your checks while conducting an investigation. They may suspect that your injury was caused by an ineligible accident such as roughhousing, that you were under the influence of drugs or alcohol at the time of the injury, or that your injury is a pre-existing condition. This investigation will delay further workers’ comp checks.

What to Do When Your Checks Are Delayed

While you shouldn’t expect to receive your checks immediately, it’s important to receive checks in a timely manner, especially when you aren’t receiving your usual paycheck while you are off work recovering. If you haven’t received your benefits checks after several weeks, schedule a consultation with a South Carolina workers’ compensation attorney. Your attorney can work on your behalf to discover the cause of the delay and help you resolve it.

Your attorney can also assist you with other aspects of a workers’ compensation claim. For example, if your claim is denied, they can help you gather evidence of your damages and file an appeal with the Workers’ Compensation Commission.

Schedule a Free Consultation with Joye Law Firm

Injured employees often don’t have the time or energy to battle with workers’ compensation insurance. Joye Law Firm can help you receive the compensation you deserve.

The attorneys at Joye Law Firm have helped many injured employees recover the delayed workers’ compensation checks and benefits they are owed. Contact us today to schedule a free initial consultation.

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What to Know Before Boating After Dark in the Winter

Boating is popular in South Carolina, with 1 out of every 16 residents in the Palmetto State owning a watercraft. With 2,876 miles of tidal coastline and an endless number of inland water bodies, many South Carolinians spend a lot of time on the water. South Carolina’s weather patterns also allow for year-round boating, even into winter.

While it can be tempting to get out on the water during our state’s mild winters, it also gets darker earlier than usual during this time of the year, reducing your visibility. Read on to learn what you need to know before boating after dark and how the boating accident attorneys at Joye Law Firm can help if you’re involved in a boating accident.

Dangers of Boating After Dark

Operating a boat during nighttime is different from operating a boat during the day when the sun is out. Darkness increases the risk of a boating accident for watercraft operators due to reduced visibility and difficulty navigating without light.

According to the United States Coast Guard, visibility is the biggest factor affecting nighttime accidents. In 2021, there were 776 nighttime boating accidents resulting in 506 injuries and 138 fatalities nationwide.

Additional reasons for increased nighttime boating accidents include boaters’ failure to detect other nearby vessels and alcohol use while operating a boat, which can lower reaction time and increase reckless behavior.

Boat Operator Responsibilities in South Carolina

When operating your boat during the nighttime hours, you must do so responsibly. Taking legally required safety measures can minimize your chances of being involved in a boating accident.

However, you can only control the actions of yourself and the people on your boat; sometimes, another irresponsible boater can cause an accident. If you’ve been involved in a boating accident due to someone else’s negligence, call Joye Law Firm to maximize your chances of getting compensation for your injuries and other damages.

The South Carolina State Code, Title 50 – Fish, Game, and Watercraft state the key responsibilities of boat operators in South Carolina. Essential regulations include:

Section 50-21-90: Boating Safety and Education Program

The South Carolina State Code established a Boating Safety and Educational Program. This free course allows boaters to learn the fundamentals of safe and responsible boating. It is only required by law for boaters under 16, but it is recommended that all boaters complete the course.

Section 50-21-110 and 50-21-111: Negligent and Reckless Operation

Section 50-21-110 of the South Carolina state code defines negligence in the context of boating to include operating a boat above idle in a no-wake zone, failing to have a lookout, and operating a boat at an unsafe speed, among others.

Section 50-21-111 details the definition of reckless watercraft operation, which is a more significant offense than negligent operation. Examples include unsafely navigating vessel traffic above an idle speed, jumping the wake of another vessel within 200 feet, and maintaining a collision course with another vessel, among others.

Section 50-21-112 and Section 50-21-113: Operating Under the Influence

Both 50-21-112 and 50-21-113 state that it is unlawful for boaters to operate watercraft under the influence of alcohol or drugs. If a boater violates this section and causes property damage or injury to another boater, the at-fault boater could receive up to three years in jail.

Tips for Boating in the Dark

Beyond the laws and regulations outlined in the South Carolina state code, drivers should always operate their boats safely to minimize the chances of an accident, particularly if operating at night. Some tips for safe boating at night include:

Mind Your Speed

Since nighttime boating is linked with reduced visibility, it is vital to maintain a safe speed. Boating at unsafe speeds is not only a violation of South Carolina law, but it also puts you and fellow boaters at significant risk of a collision. According to the U.S. Coast Guard, 298 boating accidents in 2021 were caused by excessive speeding, causing 281 injuries and 23 deaths.

Use Navigation Lights

During nighttime hours, boat operators are required to use navigation lights. The Code of Federal Regulations states each vessel must have duplicate light sources on the side, masthead, and stern.

Be Prepared with Supplies

If you’re boating at night, you need to be prepared with supplies to avoid accidents or be able to signal for help in the event of an accident or if you become stranded. Some basic supplies include:

• A cellphone or satellite phone
• VHF radio
• Anchor and anchoring equipment
• GPS or Chartplotter
• Flares
• Binoculars
• A sound-signaling device
• Glowsticks
• A warm jacket
• Lifejackets

Keep the Noise Down

Low visibility means you may need to rely on the sound of nearby boats to identify them. Avoid playing loud music or engaging in loud conversation, which can mask the sounds of nearby boats.

Always Have a Lookout

All boats need a dedicated spotter responsible for detecting obstacles and other boats. This is particularly vital at night when visibility is at its lowest. A spotter helps to see objects on the water or to the sides of the boat that the person piloting the boat might not see because they are focused on the front of the boat.

Avoid Bright White Lights on Board

Having bright white lights on board a boat can reduce visibility out on dark water. Even flashlights may affect night vision. Instead, keep the lights dim and use an alternative color, such as orange, to reduce the adverse effects on vision.

Contact Joye Law Firm for a Free Consultation

Every boater is required to use reasonable caution to prevent a collision. However, some boaters fail to do so, causing injury and property damage.

Call Joye Law Firm immediately if you were injured in a boating accident. As your attorneys, we will work to prove that the other boater violated safety laws and that you are owed compensation for your injuries. Contact us for a free consultation if you are involved in a boating accident due to someone else’s negligence.

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Is it Better to Go to Trial or Take a Settlement?

Many injured victims assume that the only way to obtain compensation for a personal injury is to take the case to court. While taking your case to trial is an excellent way to establish the other party’s fault, it isn’t your only choice to receive compensation. In fact, the vast majority of personal injury cases are resolved outside of the courtroom.

Settling a case before trial saves time, money, and stress for all parties involved. A well-negotiated settlement can expedite the legal process and leave you financially secure. A South Carolina personal injury attorney from Joye Law Firm can discuss your options with you as to whether a trial is best for your case or if settling can help you get the compensation you need for your recovery.

When to Take Your Case to Trial

A lawyer might suggest taking your personal injury case to court if the injury is severe, like one that caused you permanent disability, if the claim against the defendant is for significant negligence, or if neither party can come to a compensation agreement.

While trials take longer, they can lead to higher compensation for victims. However, you might lose your case and receive no money at all. It is up to you to decide which option to take, but working with an experienced personal injury lawyer can ensure you have all the knowledge necessary to make the right decision.

• You Cannot Come to an Agreement

One of the main reasons cases go to trial is because the parties involved can’t reach a settlement agreement. This is either because the defendant offers too low of an amount or because the injured party needs more compensation to account for medical bills and other damages.

When an agreement cannot be reached, this often means proceeding to trial.

• You Need to Receive Maximum Compensation

A jury can award you more significant compensation for your damages compared to what the defendant may offer to settle your personal injury lawsuit. The compensation awarded will be based on the facts of your case and your lawyer’s legal strategy.

In some cases, a jury can  include non-economic damages for pain, suffering, and disfigurement as part of your compensation, and order the defendant to pay punitive damages as well.

However, there is a risk in going to trial. South Carolina follows modified comparative negligence. This means you can recover financial compensation only if you are less than 50% responsible for the accident. A judge or jury cannot award monetary compensation if they find you 50% or more at fault, leaving you without any financial compensation.

• You Want Justice

During a trial, the proceedings are public and recorded. If the defendant is found to be negligent for the accident and injuries, they will be held responsible for the consequences of their actions.

Even though this is not a criminal trial, and no charges will be filed, the defendant is still guilty and will be held legally accountable for their actions. This is important if the defendant did something particularly negligent or still denies fault for the injuries. A common example is when large manufacturers try to get out of responsibility for selling dangerous consumer goods.

However, it’s essential to remember that a case’s outcome is not always final. The defendant can file an appeal with the South Carolina Court of Appeals, which prolongs your case. After hearing an appeal, the Court of Appeals will generally issue a decision within 45 days.

Why Settling Your Case Might Be Best

Negotiating a settlement can reduce your case time and the amount of preparation you would otherwise need for a court appearance. It will also guarantee that you’ll get the amount of money that was agreed to during negotiations. Many injured victims prefer to settle for these reasons.

• You Calculate Your Own Compensation Demands

This way, all parties can determine what they believe is a fair settlement amount independently and without court intervention. When negotiating a settlement, you can reject offers and make a better deal based on future expenses for medical bills and lost wages. In contrast, during a trial, you must accept the judge’s or jury’s verdict on how much will be awarded.

• You Will Receive Your Money Sooner

Many cases reach settlements more quickly than it takes to complete a civil trial. This is likely why settlements are achieved in 32% of tort cases, compared to 11% of cases that concluded in trial judgements.

• It Eliminates the Stress of Court Participation and Preparation

Negotiating a settlement saves all parties from unnecessary financial burdens and burdens on time associated with a civil court case. You do not need to go through a long discovery phase to gather evidence and stand before the court to receive compensation.

A settlement agreement can also include a clause prohibiting all parties from pursuing litigation after accepting it, so you won’t have to worry about further appeals from the defendant.

Find Out if You Need to Settle or Take Your Case to Trial with the Joye Law Firm

It is essential that you hire a South Carolina personal injury attorney who is knowledgeable on handling personal injury cases. An experienced attorney, like the ones at Joye Law Firm can review your case and determine the best course for your situation.

Whichever choice you make, going to trial or taking a settlement, we can help you maximize your compensation. The attorneys at Joye Law Firm work on a contingency fee arrangement, meaning you don’t have to pay anything unless we win your case.

Call our law office today to schedule a free, no-obligation consultation.

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