Having an accident by an uninsured driver is a stressful situation that may leave you injured, confused, and unsure what to do next. You might think of getting compensation for the damage done or hiring a car accident attorney. But what if the other driver is uninsured?

The process may be difficult. Insurance companies don’t always have your best interests at heart. Worse, they may try to avoid paying for your injuries.

Much of what you will have to face after getting into a car accident depends on what you do and what you do not do right after the accident. Consulting an experienced and competent car accident lawyer is the best way you can opt to make the most out of your uninsured motorist claim.

The Process of Uninsured Motor Coverage

First, you’ll need to call the police to the scene and seek out medical help. After, your next step should be to contact your insurance company and report the accident right away. Tell them that the other driver was not insured.

The accident will be investigated by your insurance company using police reports and any witness reports that will decide who was at fault.  If the reports determine that it was the other driver’s fault, you will have to place an uninsured driver request against your insurance company for as much compensation as required.

Why an Attorney is Important

In an ideal world, the insurance companies are supposed to look out for your best interest. But that happens only when your insurance company is dealing with another insurance company. But your interests may conflict with the insurance company.

For a money-saving approach, your insurance company will try to minimize the amount it has to pay you and even act in bad faith. That means your insurance company may have violated their contract with you, which means you may have grounds for a lawsuit.

If you find it hard to deal with the insurance adjuster who is looking to drop your claim, hiring a lawyer to help you seek the amount you owe can be the best idea. A competent car accident lawyer is well aware of how to collect and put up the facts, which documents to show and retain, and any option that will increase your chances of maximizing the amount out of your claim.

Get a Car Accident Attorney Right Now

If you are caught up in an accident by an insured driver and looking for an experienced car accident attorney, you can contact us. The car accident lawyers at Louthian Law Firm, P.A. are very experienced in dealing with uninsured driver claims and helping people get due compensation from insurance companies.

We offer free consultations for those dealing with serious injuries following an accident with an uninsured driver. If you’re struggling to take the next steps for your claim, we’re ready to help. Reach out by calling 803-454-1200 or by filling out the following online contact form.

South Carolina laws require all motorists to carry auto insurance. At a minimum, the insurance must cover bodily injury and property damage liability. But that doesn’t mean the insurance companies will always cover your accident appropriately. You may need help getting the coverage you’re due.

As a driver in South Carolina, you must know and comply with the minimum auto insurance requirements. Failure to meet these requirements can result in various penalties. Here is a look at these requirements and the penalties for failing to meet them.

Minimum Car Insurance Requirements

The minimum auto insurance requirements for all South Carolina drivers include:

  • $25,000 bodily injury liability per person
  • $25,000 bodily injury liability per accident
  • $25,000 property damage liability per person

The minimum coverage liability insurance covers you as well as any other parties involved in the accident. If you were at fault for the crash, your bodily injury and property damage liability will pay for the other injured parties. These include any other drivers, passengers, or pedestrians involved in the accident.

Your insurance also pays for damages sought in a personal injury lawsuit if you were at fault. Likewise, you can seek damages from an at-fault driver for your crash-related injuries and losses. You are entitled to these damages under South Carolina’s fault law.

South Carolina’s Fault Laws

South Carolina is a fault state when it comes to personal injury cases. This means you have the option of seeking damages from the at-fault party. When you file a claim with the at-fault party’s insurer, you shouldn’t expect a smooth and straightforward process.

Instead, the insurer may try to downplay your injuries, raise objections, or reject your claim. So you will need to provide relevant evidence and prove your claim.

Penalties for Driving Without Car Insurance

As noted above, all drivers are legally required to carry the minimum amount of auto insurance. If you fail to do so as a driver, the following penalties may apply for a first offense:

  • $550 uninsured motorist fee, an additional $200 reinstatement fee, and a $5 per day fine until the day you provide proof of coverage
  • A jail term of up to 30 days
  • Suspension of vehicle registration and license

If you were involved in a crash while driving without insurance, the penalties may be harsher. Because of this, it’s important to keep your insurance up to date and speak with your lawyer if you’re involved in a car accident.

Get Legal Help Today

If you have been involved in a car accident, you may need help from your lawyer to recover the funds you need. Damage claims can be complex, but with a car accident lawyer on your side, you have a chance to recover. You may need legal assistance to determine how to recoup your crash-related losses.

Here at the Louthian Law Firm, P.A., our car accident lawyers can advise on how best to proceed after such an accident. We can also help you explore all your legal options and make a decision that best protects your interests. You can reach us at 803-454-1200 or fill out the following online contact form to schedule a free consultation.

In a car accident, if another party is at fault, their insurer may reimburse your medical and hospital costs, as well as the cost of drugs, prostheses, and other medical devices.

You may also be able to obtain reimbursement of your expenses with the help of other insurance, such as:

  • Driver’s insurance that covers your injuries as a driver
  • Hospitalization insurance (if you are hospitalized)
  • A work accident insurance (for accidents at work while performing work-related duties)
  • An assistance contract (if the accident takes place abroad)

Compensation for Damage to Your Car and Its Repair

If other parties are involved in the accident and you are entitled, the damage to your car may be compensated by the auto third-party insurance of another party.

In the event of an accident, it is best to call the assistance number on your insurance card. If your car is out of service, it will be towed to the garage, where it will be repaired—at least if the cost of the repair is not more than the value of your car.

But sometimes the insurer or the party responsible for the accident aren’t willing or able to cover all your expenses, even those as basic as your car repairs. When that’s the case, it’s time to reach out to a car accident lawyer for help filing an injury claim.

Insurance Deductibles After Your Car Accident

When you file a claim for compensation for loss or damage with your own insurance company, the sums paid by the company are reduced by the deductible, or the amount of the loss that you must pay yourself.

You should expect to pay the full deductible, unless you were not responsible for the accident or were only partially responsible.

For example: You are involved in an accident. The actual cash value of your vehicle is set at $12,000. Repairs to your vehicle would cost $7,000. Since the necessary repairs cost less than the actual cash value of the vehicle, your insurance company decides to have your vehicle repaired instead of declaring it a “total loss.”

If you have purchased coverage with a deductible of $500, your insurance company will pay $6,500 of the cost of repairs to your vehicle ($7,000 less the $500 deductible). You will therefore have to pay the deductible of $500.

However, if the other driver can be identified, is insured, and is declared responsible for the accident, their insurance company may cover the entire cost of repairs to your vehicle ($7,000). 

Other Types of Compensation that Add to Your Claim’s Worth

When you file a personal injury claim with the help of a lawyer, you stand to be compensated for much more than your car repairs or medical expenses. These kinds of claims give you options for seeking compensation for things like time missed from work and related lost wages, pain and suffering, emotional trauma, caregiving assignments, and more.

All of these add up to mean more money in your pocket to help you recover after an accident caused by someone else’s negligence. A lawyer can help you look into your options and calculate the full potential value of your claim. Don’t just settle for what the insurance company tries to get by with paying you.

Get Help Getting Compensated After a Car Accident

The insurance claim process can entail all kinds of formalities: the modification or termination of a contract, the introduction of a license plate request, etc. You may sometimes wonder who to contact or if it is better to send an e-mail or registered letter. You may also suspect that the company is stonewalling you and not offering you a fair amount for your losses.

Get help from Louthian Law Firm, P.A. to make sure this doesn’t happen to you. Call us at 803-454-1200, or fill out the form below.

Rear-end collisions are one of the most common types of car accident in the U.S. Recent studies show that a full seven percent of fatal car wrecks are caused by drivers being rear-ended. For those lucky enough to survive, the pain comes in a different form—as $330 billion in property damage and nearly $40 billion in overall lost wages annually.

Money may be one of the first things on your mind when you’re in a serious crash. You may worry about paying rent and putting food on the table for your family, but there are other priorities to consider, too. Let an experienced car accident lawyer help you tackle all the things that need to be done after a wreck.

Steps to Take After Your Accident

 It is easy to fly into a frenzy when your car is hit from behind, but try to remain calm and consider that you may not be thinking clearly. Rear-end collisions sometimes cause whiplash and create head and neck movement that can literally rattle your brain. It’s important to:

 • Seek medical attention.

 • Report the accident to the police.

 • Take photos and video as evidence.

 • Contact your insurance carrier.

 • Obtain a copy of the accident report.

Without the question, the single most important thing you should do is be seen by an emergency room physician. Don’t assume that you’ll walk away unscathed. For example, some traumatic brain injuries (TBIs) don’t show up immediately, and you could lose cognitive function or even die if a TBI goes untreated.

Traumatic Brain Injury Dangers

There isn’t a single type of injury that occurs because of a single type of crash. Most people think of traumatic brain injury as being associated with high-speed crashes, but even low-impact rear-end collisions can cause a TBI.

Worse, the impact on your health may be delayed. Several months after a rear-end collision, cells in the brain may begin to shift in ways they haven’t in the past, leading to motor and cognitive disturbances.

Is the Other Driver Automatically Held Liable?

South Carolina uses what’s called a fault-based system for handling rear-end auto collisions. This means that the driver of the rear vehicle is almost always held responsible for your damages and it will be his or her insurance company that will pay.

This system is typically used to resolve minor vehicle accidents. It infers that most rear-end accidents are caused by tailgating, and therefore assigns blame to the driver who was traveling too close behind the front vehicle and failed to leave a safe distance between cars. In contrast, in no-fault states, your insurance may be required to pay all or part of the claim.

Speak to a Car Crash Lawyer About Your Right to Sue

Now you know what to do if you get rear-ended. You should consider suing the negligent party because brain injuries and other damages can leave you impaired, sometimes even for the rest of your life. Lawyers have won many large settlements for accident victims just like you.

Reach out to Louthian Law Firm, P.A. at 803-454-1200, or fill out our contact form. A compassionate attorney is standing by, ready to help after your car accident.

 

Suspecting that a loved one has suffered through nursing home abuse can be painful. You’re worried about their safety and wellbeing, and you may be unsure where to turn. Who can help your family during this difficult time?

There are resources available to families who need to report nursing home abuse, including the trusted lawyers at Louthian Law Firm, P.A. Take the steps below if you suspect a family member is suffering abuse.

Know the Signs of Nursing Home Abuse

When a loved one has been injured by nursing home staff, you first need to know how to recognize the signs of nursing home abuse. You may have noticed some bumps and bruises, but you may be unsure whether your loved one was injured purposefully, or if they simply had a minor accident. 

If you see frequent injuries to your loved one, like scratches or bruises, and your loved one claims they’re being harmed, you may need to act now. Other signs of abuse may include bed sores, which are painful and occur when someone who can’t move is left in one position for too long. 

Contact the Authorities

Once you have evidence of nursing home abuse, you need to contact local authorities. If you believe your loved one’s life and health are in danger, you may need to call 911 to get in touch with emergency services. The South Carolina Department of Health and Environmental Control has a Complaint Program, which investigates claims like yours.

You may also connect with a nursing home abuse hotline. The people working for these hotlines can direct you to local services to help you protect your loved one. That may include removing them from the nursing home and relocating them to a place where they’ll receive the care they need. 

Your Options for Legal Action

Your priority is seeing your loved one safe and well. But what’s the next step, once they’re out of danger? For many, a lawsuit is the next step to your family’s recovery. Your loved one may have suffered severe injuries from the abuse and neglect they suffered, and that can be difficult to overcome. 

Worse, your family member may be unable to stand trial, so you may need to seek a guardianship to take their claim to court. Your lawyer can guide you through these details and help you get the compensation your family needs

Speak with a Nursing Home Abuse Lawyer

When a loved one suffers nursing home abuse, it can be tough to help them recover. You may have a long, complicated case ahead of you for your family. But that’s not a step you have to take alone.

The lawyers at Louthian Law Firm, P.A. are here to help you take the right steps to report abuse and protect your loved one. Your lawyer can start with a free consultation, where we can help you determine the extent of the abuse, how to document the abuse, and your next steps toward compensation. For your free consultation, call 803-454-1200 or complete the following online contact form. 

When you’re hurt in a Columbia car accident, it can be tough to get compensated for your injuries. You’re hurt, you’re suffering, and you’re unsure where to turn. You may be wondering if you need a lawyer.

Your car accident attorney can make a difference when you’re hurt and suffering after a crash. Below are just a few of the ways your car accident lawyer can help you succeed.

1. You Don’t Have Experience

It can be tricky to get the settlement or compensation you’re due when you’ve never been to court. You may be unsure what laws will impact your claim, or you may be unsure how much time you have to file a lawsuit.

With a car accident lawyer, you don’t have to worry about knowing everything there is to know about your claim. All you have to do is focus on your claim and your next steps to compensation.

2. State Laws Can Be Tricky

South Carolina has laws specific to injury claims that can impact you. For example, you may lose part or all of your compensation if you’re at fault for part of the claim. Your compensation will be reduced by the amount of fault you accept. Fortunately, your lawyer is here to maximize your claim so you can get the compensation you’re due.

3. Your Time Is Limited

You don’t have an unlimited amount of time to sue. In South Carolina, you only have three years to file a lawsuit. If you don’t act within these time limits, you may lose part or all of your compensation. The good news is, these tight deadlines can help you make the most of your evidence before it’s damaged or lost. Talk to your lawyer about the steps you need to take to get compensated.

4. Insurers Are Not On Your Side

Your first thought may be to turn to the insurance company, which should help you after a car accident. You pay into a monthly policy, after all, so you shouldn’t have to worry about getting a settlement.

But insurance companies are for-profit businesses that want to make a profit. Because of this, you may receive a low or no settlement offer if you don’t have a lawyer’s guidance. They can help you communicate, and they can help you sue if the insurer acts in bad faith.

5. Your Lawyer Can Make Your Claim Easier

When you’re struggling to recover from an accident, you don’t want to spend all your time preparing for court. You want to focus on your health and safety following an accident.

Getting a lawyer can help. With an attorney on your side, you don’t have to worry about handling all the details of a lawsuit. You can spend your time focusing on your health, your family, and your recovery from your injuries.

Struggling to Recover? Call a Car Accident Lawyer

Getting compensated after a car accident may not be easy, but your lawyer at Louthian Law Firm, P.A. can help you recover. If you’re in need of compensation after an accident in Columbia, seek out a free consultation by calling 803-454-1200 or by completing the online contact form below.

When you’re hurt in a car accident, the only way to recover full compensation is to take all the right steps. Unfortunately, it’s easy to make a mistake or skip a step in the car accident process, leaving you with reduced compensation or none at all. 

After getting medical attention, one of your first steps is to report your car accident. But what do you need to do to file your car accident report and use it for your eventual claim? We outline the process below. For more information, contact a car accident lawyer at our firm. 

Do I Need to Report My Car Accident? 

If your car accident wasn’t serious, you may be wondering whether you need to file a report about the accident at all. In South Carolina, you must file a police report if more than $1,000 in property damage is done or if someone is injured or killed. Keep in mind that you do not have to file a report if the police investigated the crash. But if you fail to file when South Carolina law requires, you may face legal action. 

Filing a car accident report can help you. This report is an account of the car accident right after it happened, which can help you recall important details when you file a lawsuit. Because it may be a year or more before you’re able to sue for your injuries, evidence and your memory can fail. A written report can refresh you. 

Reporting Your South Carolina Car Accident 

If your car accident was serious enough to warrant a police report, you’ll need to contact the police right away. The police may make their report at the scene, but you may need to draft your own report detailing what you know about the crash if the police do not file a report. 

Your car accident report may include some or all of the following information: 

  • Your contact information 
  • The at-fault party’s information 
  • Witness names and statements
  • Insurance information from the involved drivers 

Getting a Copy of Your Car Accident Report in SC 

Once you’ve filed your report, you may then use an official copy of that report to support your car crash claim. South Carolina’s Department of Motor Vehicles (DMV) offers an option to order the report through their online services. Once you provide your personal information and the required fee, the DMV will send your collision report to you. This may be an official or unofficial copy, depending on when you act. 

You may also get your copy through the mail or in person. If you’re not sure which option is best for you, talk to your lawyer about how to go about getting your copy.

Report Your Car Accident and Get Help with Your Claim 

When you’re hurt in a car accident, you need every tool you can find to make your claim for compensation a success. And a thorough car accident report is one very important tool.

At Louthian Law Firm, P.A., your car accident compensation is our priority. Whether you’ve reported your car accident or have questions about doing so, we can help you. Schedule a free consultation by calling 803-454-1200 or by completing the online contact form below.

When you’re hurt, it can be tough to recover from your injuries and deal with the aftermath of your accident. Someone else may have caused the accident, but you’re the one stuck dealing with the aftermath. Unfortunately, that can be tough on you financially. 

As a South Carolina injury victim, you may have grounds for a lawsuit, but you need to know what damages you’re due before you make any decisions. Talk to your personal injury lawyer about your injuries and what damages you’re due before you take your claim to court. 

Economic Damages, Defined

After a serious injury, you may hear the word “damages” thrown around when discussing your claim. But what does that mean for you? 

Damages are the losses, suffering, and trauma you’ve suffered, which the at-fault party should compensate you for. These damages can be economic or non-economic, but they should all work to cover the costs of your injuries when someone is negligent with your safety. 

Your economic damages specifically cover the financial costs of your accident. For example, you may have hospital bills, lost income, property damage, and other expenses related to your accident. You shouldn’t have to pay for these damages—you should be able to seek compensation for the financial suffering you experienced. 

How Do I Calculate Economic Damages?

When you’re hurt in an accident, you may be due compensation for your economic damages. The problem is, you may not have the tools or information you need to calculate these damages correctly. It’s easy to make a mistake, and if you do make a mistake, you may lose part or all the compensation you’re due. 

For example, let’s say you suffered a traumatic brain injury. These injuries can impact many facets of your life, and they can be costly in ways you didn’t expect. For example, you may need surgery or rehab to recover from your brain injury, and these treatments can be expensive. But what about the costs of your time away from work, or the accommodations you now need for your home? 

Determining your claim’s worth can be difficult, especially if you’re overwhelmed by the many damages you’ve accrued. Luckily, your lawyer can help you determine what your claim is worth. 

Legal Factors Can Impact Your Claim 

But getting coverage for your economic damages isn’t as simple as adding up the costs of your losses. You may also need to act now to get compensated without getting your compensation reduced. 

In South Carolina, your compensation may be reduced if you’re found partly at fault for the accident. For example, if you were struck by a car while crossing the street, you may lose part of your compensation if you were texting while you were walking. A situation like this could leave you with little or even no compensation for your recovery. 

But you have a chance to defend your claim and get compensated for your damages. Reach out to a lawyer about getting your total compensation, not just a part of it. 

Contact a Lawyer to Get Your Damages Covered 

When you’re hurt in a serious accident, it can get expensive quickly. You may have costs that make it difficult for you to think about anything else. Unfortunately, you may not have the tools to determine what those costs are worth and what compensation you should seek. 

But your lawyer at Louthian Law Firm, P.A. does have those tools, and we’re ready to help you recover. When you’re hurt in a serious accident, reach out for a free consultation with a lawyer to get an accurate idea of the damages you’re due when you’re hurt by someone’s carelessness. To take advantage of our free consultations, call 803-454-1200 or fill out the online contact form below. 

According to the Washington Post, the Department of Justice has asked for information on COVID-19 infection rates in four states: New York, New Jersey, Pennsylvania, and Michigan. The Department of Justice is investigating whether orders in these states might have resulted in the deaths of nursing home residents. Critics of the Department of Justice investigation note that the order targets Democratic-led states, leading some to believe that the investigation might be politically motivated. Is South Carolina next in the investigation? What does this mean for you if your loved one fell ill or died of COVID-19 while in a nursing home? The Louthian Law Firm is a Columbia, South Carolina nursing home abuse law firm that is watching this situation unfold.

The Department of Justice is specifically investigating whether orders in those states that required nursing homes to admit COVID-19 positive residents might have led to outbreaks in nursing homes. South Carolina may have had similar issues. According to The State, it isn’t clear whether hospitals have been properly testing patients before releasing them to nursing homes, and health department officials have expressed concern that this practice could potentially be fueling outbreaks in nursing homes. Currently, hospitals are not required to test patients before releasing them to nursing homes. In some instances, patients tested positive after they were admitted to the nursing home. Other officials have expressed concerns that because hospitals aren’t doing this kind of testing, the numbers of people reported infected in nursing homes may not accurately represent the numbers of people actually infected. According to The State, one third of all South Carolina deaths involve patients in nursing homes. Nursing home residents are particularly vulnerable to the virus, because they have underlying health conditions that can lead to the development of more severe illness or death.

What does all this mean for concerned families, or for the families of those who got sick or passed away? For one, it means that families have the right to ask questions. Were patients admitted from hospitals without adequate testing? Were these patients allowed to stay in contact with other residents or were they quarantined? Does the nursing home have procedures in place for patients released from the hospital into the nursing home? Does the nursing home have adequate disease-prevention measures—period? If you have concerns, you are not alone. Many families are seeking answers after their loved ones passed away or got sick in a nursing home. The nursing home abuse lawyers at the Louthian Law Firm in Columbia, South Carolina may be able to help you.

Civil Rights of Institutionalized Persons Act and the DOJ Investigation

The Department of Justice is performing its investigation under the Civil Rights of Institutionalized Persons Act. What is this act and what does this act mean for your loved one who is in a nursing home? Under the Civil Rights of Institutionalized Persons Act individuals living in nursing homes and other institutions, like prisons or mental health centers have the right to protections provided to other members of the community under the Constitution, and they shouldn’t be denied these rights. They have the right to safety, clean water and food, and proper treatment. Conditions in these institutions should be safe and shouldn’t be venues that lead to poor health. In recent weeks and months, nursing homes haven’t always been the safest place to be for elderly and sick residents.

The Department of Justice is investigating whether the admission of people who may have been exposed to COVID-19 led to greater numbers of infections or whether these orders may have placed more people in danger in these nursing homes. When it comes to your loved one in a nursing home, he or she has the right to be treated with dignity and respect. If conditions in the nursing home violate your loved one’s right to dignity, respect, and basic civil rights, you and your family may have the right to seek damages from the nursing home for nursing home abuse. The Louthian Law Firm is a nursing home abuse law firm in Columbia, South Carolina that works with families who believe their loved one suffered abuse in a nursing home setting. Because families have not been able to visit as freely during the pandemic, and because some nursing homes saw a breakdown of communication with families, these nursing homes have an even greater responsibility to be transparent about the treatment of residents in these facilities. Have questions? The nursing home abuse lawyers at the Louthian Law Firm in Columbia, South Carolina may be able to help you. Reach out to our firm today or connect with a nursing home abuse attorney at the Louthian Law Firm by checking us out at USAttorneys.com.