Located at 212 Elm Street, Conway, South Carolina 29526     Phone: 843-248-4481
In order to help you more quickly, please fill out the quick form and submit or call 843.248.4481. A representative of the firm will call you ASAP.
Name:
Email:
Phone:

Frequently Asked Questions

Personal Injury Questions

DUI Questions

 

Personal Injury Questions

1) If you have just been in an auto accident, what should you do?

  • The first thing you should do is seek medical attention.
  • Follow all medical instructions your doctor gives you.
  • Get a written notice from your doctor if advised not to work.
  • If possible, take photographs of your vehicle.
  • Get several estimates for vehicle repair.
  • Consult with a lawyer about your accident.
  • Notify the defendant's insurance company immediately.

Back to Top

 

2) Is there a deadline for filing a personal injury claim?

Yes. In South Carolina, for most personal injury claims there is a statute of limitations of 3 years from the date the injury was discovered or should have been discovered. However, there are different time lines for claims against a state or government entity. You should consult with a personal injury lawyer to make sure you understand your rights based on the circumstances of your injury and the statute of limitations that apply.

Back to Top

 

3) When suffering from personal injury how do you pay for legal assistance?

Most law firms base personal injury claims on contingency, which means that if there is no recovery there is no fee. When compensation is awarded, a fee will go to the attorney at that time.

Back to Top

 

4) If you were partly at fault for causing your injury, can you still pursue a personal injury claim?

Yes. Under South Carolina comparative negligence law, you can recover damages based on the other party being responsible for the greater part of the damage. For example, if it is determined that you were 25% at fault and the other party was 75% at fault, you could receive compensation for 75% of the damage.

Back to Top

 

5) What should you do if your insurance adjuster says you don't need a lawyer because the insurance company is willing to settle?

While the insurance company may be willing to settle, it is important to understand that an insurance company's objective will be to settle for as little as possible. Studies show that clients with legal representation receive higher compensation from insurance companies, even after expenses are deducted.

Back to Top

 

6) Does filing a personal injury claim affect insurance rates?

Filing a personal injury claim against someone else, who is at fault for your personal injury, will not increase your insurances rates. However, if you are at fault and someone else files a claim against you, your insurance premiums will increase.

Back to Top

 

7) Do you have to go to court with a personal injury claim?

No. In fact, most claims are settled out of court. Trials are costly and insurance companies prefer to settle and avoid the expenses of a trial, if at all possible. However, if we can not get a fair and reasonable settlement on your behalf, our lawyers are prepared to try your case.

Back to Top

 

8) After you recover from your injury, will the claim be settled?

While you may appear to have fully recovered, only time will tell whether you will experience reoccurring pain from the injury. Even though your doctor releases you, it is wise to wait for at least a month or so to ensure full recovery. By waiting, we strive to make certain that the settlement offer we propose will be adequate to cover expenses from the injury and no future medical treatment will be required.

Back to Top

 

DUI Questions

1) How do police officers judge whether to pull a car over for drunk driving?

Many officers are trained according to research done by the National Highway Traffic Administration, which teaches the following indications of drunk driving:

  • Weaving
  • Swerving
  • Wide turns
  • Unexpected or illegal turns
  • Abrupt stops for no reason
  • Erratic braking
  • Driving on the central marker between lanes
  • Driving without headlights on
  • Speeding 10 mph above the legal limit
  • Tailgating
  • Signals not related to driving actions
  • Sudden speeding up or slowing down
  • Nearly hitting other vehicles or objects
  • Not driving on designated highways
  • Drifting
  • Crossing or driving into opposing traffic
  • Slow reflexes
  • Slow response at traffic signals

Back to Top

 

2) What do police officers look for when questioning you about drunk driving?
Police Academies generally train offers to observe the following for signs of a drunk driver:

  • Odor of alcohol
  • Slurred or incoherent speech
  • Flushed face
  • Watery or bloodshot eyes
  • Trouble getting out of the vehicle
  • Unstable or swaying while standing
  • Difficulty walking - swaying or stumbling
  • Leaning against vehicle for support
  • Difficulty removing license from wallet
  • Non-comprehension of officer's questions
  • Incapable of following instructions
  • Disoriented regarding current time or location
  • Disheveled appearance - dirty or wrinkled clothes
  • In appropriate behavior - aggressive, argumentative or too jovial

Back to Top

 

3) How should you answer a police officer if he asks if you have been drinking?

Under the Fifth Amendment you are not required to answer a question if your answer would be self-incriminating. You can always say you wish to speak with you attorney before making any statements. Admitting to drinking one or two beers would not be incriminating because for that amount of alcohol your BAC would be under the legal limit.

Back to Top

 

4) What are field sobriety tests?

Field sobriety tests are tests that measure physical ability to perform certain actions. Examples of field sobriety tests include:

  • Walking along a straight line
  • Bringing both index fingers together while your eyes are closed
  • Reciting the alphabet from A to Z
  • Standing on one foot for several seconds
  • Picking up a coin from the ground
  • Shining a light in your eyes to test pupil reaction
  • Blowing into a breath meter
  • Seeing if your eyes jerk while moving a pen from side to side

Field sobriety tests are not extremely accurate due to the fact that many people who are sober can not pass them. Their validity may be questionable during a DUI case.

Back to Top

 

5) What should you do if the police officer wants you to take a sobriety test?

Unlike the chemical test, you are not required by law to take a sobriety test and may refuse without penalty. If you agree to take the test and have any chronic physical problems with balance or walking, you should inform the officer of your problems beforehand.

Back to Top

 

6) What happens if you refuse to submit to the chemical test for BAC?

If the officer has informed you of your rights regarding implied consent and the penalties for refusal, your license may be suspended for 90 days as a result of refusing to take the test.

Back to Top

 

7) How is your case affected if the officer doesn't read your Miranda Rights to you?

If an officer fails to read your Miranda Rights to you after DUI arrest, statements you make after arrest may not be used as evidence against you. While this failure alone does not result in automatic case dismissal, it may in your favor regarding the defense your attorney prepares for your case.

Back to Top

 

8) What kinds of defenses can be used in a DUI case?

Because a DUI is a criminal charge, the prosecution carries the burden of proof and must prove their case beyond a reasonable doubt. There are many different defenses that can be used in a DUI case; however, your lawyer will tailor a defense that best relates to the circumstances of your arrest and the DUI charges being brought against you. Some defenses may include:

  • Lack of Miranda Warning - suppressing self-incriminating statements made after arrest if you were not advised of your rights per the Miranda Warning prior to arrest.
  • Challenging probable cause for arrest - argument that the officer did not have sufficient evidence to stop, detain or arrest you.
  • Challenging chemical testing -
  • Testing may be inaccurate if done during the period when alcohol is still being absorbed into the system. This is because it may take the body anywhere from 30 minutes to 3 hours to fully absorb alcohol.
  • Chemical testing devices must meet state calibration and maintenance requirements for testing devices.
  • The time that passes between arrest and chemical testing may not have been taken into consideration when evaluating the test results.
  • Breath machines often record other chemical substances in the breath as alcohol, making the results inaccurate.
  • Radio frequencies can interfere with the accuracy of a BAC reading.
  • Questionability of field sobriety tests
  • Challenging proof of driver -the prosecution must prove you were actually driving the car while intoxicated at the scene of an accident. This may be difficult to do if no witnesses were present.
  • Lack of proper implied consent warning - the police offer must inform you of the penalty for refusal to take the chemical test

Back to Top

Home Firm Overview Attorneys Practice Areas Links FAQs Newsletters Directions Contact Us Sitemap
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. [ Sitemap ]