Miller Law, LLC

You won’t be compensated for old injuries unless the accident made them worse. Proving this often requires medical evidence and can be a major point of dispute with insurers.

If you’re partially at fault, your compensation may be reduced by your percentage of fault. In some cases, if you’re more than 50% at fault, you may not recover anything. A lawyer can help protect your claim.

You may recover economic damages (like medical bills and lost income), non-economic damages (pain and suffering), and, in some cases, punitive damages for extreme negligence. The amount depends on your case’s specifics.

Not always. Most claims settle before reaching court or trial. However, if the other side doesn’t offer a fair settlement, a trial may be necessary.

You’re not required to hire a lawyer, but one can help protect your rights and negotiate better settlements. Insurance companies often offer low payouts to unrepresented individuals. A lawyer knows what your case is worth and can guide you through the legal process if needed.

Your role in causing an accident could potentially limit or bar your recovery of damages in a personal injury claim depending on where the accident occurred. Generally, in settlement negotiations or if the case goes to trial, the parties will argue the percentage of fault of all parties. If you are determined to be partly at fault for the accident, any damage award could be limited by your percentage of fault. In some states, if you are found more than 50 percent at fault or responsible in any percentage, you could be barred from recovering any damages, no matter how significant your damages were following the accident. This is why hiring a personal injury attorney is imperative.

No, filing a case in court and going through the court process are not required in every personal injury claim. In fact, a large majority of personal injury claims settle prior to filing a case in court or before a trial if a case must be filed. A trial in a personal injury case is often the last resort for all parties involved because of the increased costs associated with a trial. Unfortunately, insurance companies and negligent parties do not always present fair offers for settlement, so a trial is always a possibility following an accident.

Typically, the personal representative of the deceased’s estate files the lawsuit on behalf of surviving family members, such as spouses, children, or parents. Eligibility varies by state, so it’s important to consult local laws.

Common damages include medical bills, funeral costs, lost income, emotional suffering, and sometimes punitive damages or loss of companionship.

Typically 1–3 years from the date of death, depending on the state. Missing the deadline may void your claim.

Anywhere from a few months to several years, depending on case complexity and whether it goes to trial.

It depends on the cause, possible parties include drivers, property owners, manufacturers, or medical providers. An attorney will investigate.

You may receive compensation for medical bills, future care, lost income, reduced earning ability, pain, and loss of life enjoyment.

In South Carolina, generally three years from the injury date. Acting quickly helps your case.

Yes. Spouses and dependents may recover for emotional distress, loss of support, or companionship.

Not usually. Most cases settle, but your lawyer will go to trial if needed.

Anyone responsible for the injury, such as a driver, property owner, manufacturer, or medical provider.

Compensation may cover medical costs, future care, lost income, reduced earning ability, pain, and life enjoyment.

In South Carolina, generally three years from the injury. Acting early protects your case.

Yes. Spouses and dependents may recover for emotional, financial, or relational losses.

Usually not. Most cases settle, but trial is an option if needed.

Red flags include claim delays, unexplained denials, poor communication, lack of investigation, or low offers without reason.

Document everything and contact an attorney to review your case.

It can happen in auto, home, health, life, or disability claims, any time an insurer wrongfully avoids payment.

In South Carolina, you generally have three years from the wrongful act or when you discovered it. Act quickly to protect your rights.

You may recover the unpaid claim amount, emotional distress damages, legal fees, and possibly punitive damages.