FAQs

SSD FAQs

Does my doctor need to say I am disabled?

When it comes to obtaining SSD benefits, your doctor doesn’t make the ultimate determination of whether you are “disabled.” Still, your doctor’s opinion will carry significant weight. Continue reading

Do I have to work a certain number of years to qualify for SSD benefits?

How long you need to work in order to be eligible for disability benefits will depend on how old you are when you your disability arises. Continue reading

How long will it take to get a decision on my claim?

It generally takes between 3-6 months for a decision to be made on your initial application. If your claim is denied, it could take much longer to resolve your appeals. However, there are a few ways to try to move the process along faster. Continue reading

If my application is denied, how long do I have to appeal it?

You will always have 60 days from the date of your last denial to submit a written appeal in your case plus five days for mailing time. The failure to meet this deadline could be costly. Continue reading

Can I collect both workers’ compensation and SSD benefits?

Yes, you can file for and collect both S.C. workers’ compensation benefits and SSD benefits. However, there is a possibility that your SSD benefits will be reduced if you collect both. Continue reading

Will I have to pay taxes on my disability benefits?

Yes, there are circumstances in which you may have to pay federal income tax on your SSD benefits. It will depend on whether you are filing an individual or joint tax return. Continue reading

If I receive Social Security Disability benefits, can my family receive benefits?

Yes, certain members of your family may qualify for benefits based on your record. However, there are limits. Continue reading

Does a person seeking disability benefits need to hire an attorney?

Technically, you do not need to be represented by a lawyer when you apply for SSD benefits. However, we would highly recommend that you do seek legal help. Continue reading

Car Accidents

I have car insurance and I have filed a claim for the accident I was in. Shouldn’t that take care of everything? Why do I need a lawyer?

In the best-case scenario, the insurance company will pay the total amount allowed by either your insurance policy or the liability coverage of the driver who hit you. But the insurance company will not be concerned about whether all of your expenses are met. That’s what your lawyer will do. Continue reading

I have been out of work since my car accident because of my injuries. Will a legal claim cover my bills?

Each claim is unique. However, we would work towards obtaining a settlement that covers your property damage, medical expenses, lost wages, pain and suffering and more. Our objective is to ensure that all losses associated with your car accident are taken care of. Continue reading

What if I was partially at fault for my car wreck? How will this affect the amount of my claim settlement?

Any negligence on your part that contributed to your car accident will be considered. It could be held against you in a legal claim. Your attorney would work hard to minimize its effect on your claim. Continue reading

The insurance adjuster says my car is totaled, but I didn’t think it was that badly damaged. Do I have to accept their check instead of getting my car repaired? Do I have to go along with the amount they are offering?

When an insurance adjuster declares a car “totaled,” this means the insurer has decided it will cost them more to repair the car for you than they could make by paying you off and selling your car for scrap. Like anything an insurer tells you after an accident, you have a right to question a declaration that your car is totaled. Continue reading

I don’t have money to hire a lawyer. Can you wait for me to pay you later?

Yes, we can wait to be paid for the legal services we provide in your car accident case. In fact, that’s the way we prefer to work. Continue reading

Can I sue the bar that served the drunk driver who caused my accident?

If an intoxicated South Carolina bar patron is served alcohol and then gets in a drunk driving accident, the driver as well as the establishment that served him or her may be the target of a lawsuit by anyone the driver injured. Continue reading

If a driver was texting when he hit my car, can that driver be held responsible?

South Carolina is one of the few states without a statewide ban on texting while driving. However, at least one city, Greenville, has banned the use of cell phones while driving by a local ordinance. In any event, evidence that shows a driver was texting or calling at the time of an automobile accident may still be used to establish fault. Continue reading

What should I do if the driver who injured me in an auto accident didn’t have insurance?

If you are injured by a driver who does not have insurance, you may be able to turn to your own insurance policy to cover your losses. Continue reading

If I don’t think I have any serious injury right after a car accident, should I still go to the doctor?

It is important for your health, and also your case, that you get checked out by a doctor as soon as possible after your auto accident. Continue reading

If I was working when I was in a car accident, can I collect workers’ compensation and still sue the driver who injured me?

Those who sustain on-the-job injuries cannot sue their employer. Instead, they are entitled to receive workers’ compensation benefits. However, in some cases, you may be able to sue a third party whose negligence caused your injury. Continue reading

What can I recover in a car accident lawsuit?

The amount you can recover in an auto accident claim will generally depend on two factors: The amount of harm you have suffered and the amount of available insurance coverage. Continue reading

How can a lawyer help me after I have been in an auto accident?

A lawyer can put his or her skills, experience and firm resources to work for you after a car accident and play a critical role in seeking a recovery for you. Continue reading

Family Law FAQs

Will I need to pay taxes on alimony that I get from my former spouse?

Yes. Unless the order states otherwise, alimony is income, and thus, it is taxable. However, if you are the spouse who pays alimony after a divorce, it is a deductible expense. Continue reading

Even though I’m their father, can I assume that the mother of my children will get custody of them when we divorce?

No, that is not a correct assumption. Although there may have been a time in the past when the mother was favored in child custody decisions in South Carolina, family law has changed. Continue reading

If the other parent won’t honor my visitation rights, can I stop paying child support?

No. You are legally obligated to comply with the court order that established your need to pay child support. Continue reading

If the other parent isn’t paying his or her child support, may I withhold or stop visitation?

No. The law is clear on this issue. Willfully withholding visitation can result in the person withholding or prohibiting visitation from being held in contempt of court by a family court judge. Continue reading

DUI / DUAC FAQs

What is the difference between a DUI and DUAC in South Carolina?

The simple answer is that a DUI charge is based on your driving, while a DUAC charge is based on your blood-alcohol concentration. However, the penalties for DUI and DUAC are the same. You want to avoid a conviction for either one. Continue reading

Will I lose my South Carolina driver’s license if I refuse to give a breathalyzer test?

Yes, if you refuse to submit to a breathalyzer test, your driver’s license will be suspended under South Carolina’s “implied consent” law. However, an attorney can help you to get your driving privileges restored. Continue reading

Is there any way to challenge the breathalyzer test results in my DUAC case?

Yes, there are many ways to challenge the breath test results. An attorney can identify problems by making a close examination of the facts in your case. Continue reading

Will I go to jail if I am convicted of a DUI or DUAC charge in South Carolina?

The answer will mainly depend on whether you have any prior DUI or DUAC arrests and the blood-alcohol concentration determined in your case. However, there may be other factors that a court considers. Continue reading

Will I need to have an ignition interlock device installed in my vehicle if I am convicted of DUI?

If you are convicted of multiple DUI / DUAC offenses in South Carolina, you may have an ignition interlock device (IID) placed on your car as part of your punishment. An IID is not used for a first-offense DUI conviction. Continue reading

Workers’ Compensation FAQs

Do all employers in South Carolina need to have workers’ compensation coverage for their employees?

Most – but not all – employers in South Carolina are required to have workers’ compensation insurance coverage for their employees. Continue reading

If I can only return to work in a different job that pays less than what I earned before my injury, what are my options?

If you cannot do the job you did before your accident and must take lower-paying work, workers’ compensation benefits can make up the difference in your pay. Continue reading

Can I go to my own doctor, or do I have to go to the doctor my employer chooses?

To remain eligible for workers’ compensation benefits in South Carolina, you have to see the doctor chosen by your employer or its workers’ compensation insurer. But this does not mean you cannot see your own doctor or eventually find a different doctor to serve as your primary care provider. Continue reading

Can I sue my employer if I was injured in an accident that was caused by the employer’s negligence or the negligence of a co-worker?

No, as a general rule, you cannot sue your employer for a job-related injury in South Carolina. But if others are responsible for your injury, you may be able to seek compensation from them. Continue reading

If I have been permanently injured in work accident, can I recover both South Carolina workers’ compensation benefits and Social Security Disability?

Yes, you can obtain federal Social Security Disability (SSD) benefits and state workers’ compensation benefits. However, your SSD payments can be reduced based on the amount you receive in workers’ compensation. Continue reading

If my spouse died in a work accident, will my spouse’s workers’ compensation insurance provide a benefit for me and our children?

Yes, the South Carolina workers’ compensation system provides a death benefit to the surviving spouse and dependent children of workers who die from work-related accidents or occupational illnesses. Continue reading

If I was hurt in a collision caused by another driver while I was working, can I sue the driver of the car that hit me?

Yes, if you are injured in a car accident while on the job, you can file a legal claim against a negligent driver responsible for the wreck. You can seek compensation through this “third-party claim” in addition to workers’ compensation claim. Continue reading

Medical Malpractice FAQ

How do I know if I am a victim of medical malpractice?

Not every bad outcome from medical treatment is malpractice. However, when an avoidable error is made that causes harm to you, it may rise to the level of medical malpractice and merit pursuit of a legal claim. Continue reading

Who would I seek compensation from in a medical malpractice lawsuit?

A medical malpractice lawsuit is meant to hold accountable any individual and/or institution involved in the error or negligence that harmed you. A properly investigated claim will name every party that should be held liable. Continue reading

Is there a limit on how much could be recovered in a medical malpractice lawsuit in South Carolina?

A medical malpractice lawsuit typically seeks compensation for past and future medical expenses, lost wages, pain and suffering and other losses. While there is no limit on the economic losses that can be recovered, there is a “cap” on non-economic damages in most cases. Continue reading

Can I file a medical malpractice lawsuit based on my child’s birth injury?

If your child’s birth injury has been caused by an error on the part of a medical professional, you may be entitled to seek compensation for the medical expenses brought on by the injury as well as funds that will help the child in the future. Continue reading

Can I bring a medical malpractice claim if the doctor initially missed diagnosing my illness?

Unfortunately, a missed, delayed or incorrect diagnosis of a medical condition is common in today’s health care system. If the misdiagnosis is a result of negligence, as it often is, then you may have a valid medical malpractice claim. Continue reading

If I pursue a medical malpractice lawsuit, does that mean I will have to go to court?

You will not necessarily have to go to court to obtain compensation in a medical malpractice claim. It may be resolved through the negotiation of a settlement. Continue reading