Myth #1: If you write the insurance company a letter, and you are reasonable, you will get a fair settlement proposal.

• You should not write any letter or other formal document to the insurance company stating the details of your accident without prior approval from a knowledgeable attorney. Do not assume the insurance company has your best interests in mind. Insurance companies are in business to make money, and the less they pay out on your claim, the greater their profit margin. Their settlement proposal may not be the full amount that you deserve.

Myth #2: When you are in an accident and the insurance company calls you to ask for a recorded statement, you have to give a recorded statement or they won’t settle with you.

• DO NOT give any statements, written or oral, to anyone concerning your accident or injuries without first getting your lawyer’s approval. The insurance adjuster is hoping you’ll say the wrong thing so the insurance company can pay you less money.

Myth #3: The insurance company for the person at fault is obligated to pay your medical bills as they are incurred.

• You do NOT have a contract with the other person’s insurance company They may not treat you fairly. You must be extremely cautious in accepting any statements from the other person’s insurance company. Some injuries take time to develop. DO NOT make the mistake of settling your claim before knowing the full extent of your injuries.

Myth #4: All personal injury cases involve going to court and long, stressful trials that can take years.

• Personal injury cases are rarely handled inside a courtroom. Most claims are settled out of court with the help of a skilled personal injury attorney. Often, personal injury cases are settled in a year or less, depending on the extent of the damages.

Myth #5: If you go to court and just tell your story, the jury will feel sorry for you and award you adequate damages to compensate you for all your losses.

• While testifying in court may supplement your case when attempting to collect for pain and suffering, this alone may not be enough to get you the compensation you deserve. It is not a good idea to handle a personal injury case on your own. Trust a personal injury lawyer to handle the critical details and present a solid case to help you get the money you need.

These are only a few of the false statements floating around about personal injury cases. If you are injured on the job, in a car accident, or as a result of another person’s negligence, you need to know your rights as a victim. Contact the experienced attorneys at George Sink, P.A. Injury Lawyers for a free case review, and to shine light on more personal injury myths that can steer you in the wrong direction.

1. Prep the vehicle.
   Before you venture out on a long road trip, make sure your car can handle it! Have your car inspected to ensure all lights, brakes, windshield wipers, and electrical equipment are working, and change the tires, oil, and air filter if needed. Do not attempt to travel if your “Check Engine” light is on or tire pressure is low. See an auto mechanic if necessary. Finally, make sure your vehicle has a full tank of gas and all fluids are topped off before your trip.
2. Plan ahead!
   Whether you have driven to the beach a thousand times, or this is your first vacation road trip, it is a good idea to map out your journey and find at least one other alternate route to your destination. This allows some flexibility in your travels and gives you options in the event of a traffic jam or closed road. Travel with a GPS or have a passenger carry a map in case you get lost. Do not attempt to find a new route while in motion; pull over or find a rest stop to regroup and reroute.
3. Follow all traffic signs and buckle your seatbelt.
   To minimize the chances for getting into an auto accident, be aware of all road signs and traffic signals along your way. Speed limits often change as you cross city or state lines, so keep an eye out and reduce your speed when necessary. Ensure everyone in the vehicle has their seatbelt buckled while the car is in motion.
4. Drive defensively.
   In a perfect world, everyone on the road would obey all traffic laws and drive safely and courteously. However, in the real world, people have different methods of maneuvering through traffic, and may not keep the safety of others in mind when traveling down the interstate. Keep an eye out for seemingly distracted or aggressive drivers and always have an “out” if you find yourself in a particularly dangerous situation. Keep a safe distance from the vehicles around you and change lanes or pull over to avoid speed demons and other reckless drivers.
5. Avoid the busiest days and times for travel.
   If you can help it, start out early and leave before the holiday rush hits. Friday afternoon will be the busiest time for Memorial Day weekend travelers, and they are expected to return late Monday afternoon. Try to have the car packed and ready to go at least an hour before you want to hit the road to allow time for any last-minute emergencies, and plan to leave before 4:00 PM Friday afternoon. On your return trip, you should be on the road no later than 3:00 PM the following Monday if you want to avoid post-holiday traffic.

If you take all the necessary precautions when traveling for Memorial Day weekend, you can expect a much safer journey to your vacation destination. However, no one can predict when or how an accident can occur, even if you are following all the rules. If you are injured in an accident while traveling or on vacation in South Carolina, contact the experienced attorneys at George Sink, P.A. Injury Lawyers. They can help you get the compensation you deserve.

Photo Credit, The Digitel

National Safe Boating Week, which starts May 18^th and runs through May 24^th this year, encourages people to take the necessary precautions to stay safe on the water. People using power boats, sailboats, jet skis, canoes, kayaks, and paddle boards are asked to recognize and heed the message of the week.

Coast Guard Charleston Response Chief Brian LeFebvre told Lowcountry mariners, “In order to have a safe trip, wear your life jacket. If you’re going off-shore, make sure you have an Emergency Position Indicating Radio Beacon, and have a plan and make sure that someone back on shore knows what that plan is.” An Emergency Position Indicating Radio Beacon, or EPIRB, is designed to help rescuers locate a person or boat in distress.

Coast Guard officials encouraged boaters to get a free vessel safety check to ensure boats were in proper operating condition and reminded everyone to always wear a life jacket. According to the 2013 U.S. Coast Guard recreational boating safety statistics, almost 71 percent of all fatal boating accident victims drowned, and 84 percent of those victims were reportedly not wearing a life jacket.

In the event of a boating accident, the owner or operator of the vessel MUST file an accident report with the South Carolina Boating Law Administrator as soon as possible. Fatal accidents must be reported within 48 hours; all other non-fatal accidents must be reported within 10 days. It is against federal law to NOT report a boating accident. If you or a loved one has been injured in a boating accident, you can talk to an attorney about your rights and whether or not you may be entitled to compensation.

“The bottom line for me is to get where we’re at with seatbelts and with drunk driving,” said U.S. Secretary of Transportation Ray LaHood. “When those programs were started, people were very skeptical that you could get people to buckle up.” LaHood, known as the “Tiger” in Washington, is quite possibly the most avid supporter of banning mobile use while driving, admitting he is on a “rampage” to educate the public about the dangers of texting while driving: “When you’ve met the loved ones of victims killed by a texting driver, or heard them tell their tragic stories, you’ll know what I’m talking about.”

In 2009, the House and the Senate introduced bills that would encourage states to pass distracted-driving legislation. Members of the House proposed the Avoiding Life-Endangering and Reckless Texting by Drivers Act (ALERT Drivers Act). The bill calls for the withholding of federal transportation funds to states that do not pass anti-texting legislation. Senators Frank Lautenberg and Jay Rockefeller presented the Distracted Driving Prevention Act of 2009, calling for grant money to be given to states that ban both texting and hand-held cellphone use while driving. The states would be required to spend this funding on educating the public about distracted driving and other traffic safety issues. While this act was approved by a vote of 17-8, the ALERT Drivers Act has not yet made it to fruition, likely because many do not support the withholding of funds needed for improving the transportation system.

President Barack Obama signed an executive order in 2009 banning federal workers from texting while driving in government vehicles or on government business. This marks the first major initiative by the U.S. government to reduce distracted driving. In 2010, two laws were passed prohibiting commercial truck drivers and bus drivers from texting on the job, and preventing train operators from using mobile phones and other electronic devices while at work.

The key is to research and collect enough convincing information regarding the dangers of distracted driving to convince enough people to ban mobile use. So far, 39 states have already enforced laws regarding the use of cellphones while driving, and several others are following suit. While South Carolina has not yet passed any state-wide laws regarding texting while driving (local distracted driving bans are in effect in select areas), there are several bills up for consideration that may be passed as early as 2014, including significant fines and jail time for distracted driving offenders.

If you or a loved one has been injured in an accident caused by a distracted driver, you may be entitled to compensation. Please contact the experienced attorneys at George Sink, P.A. Injury Lawyers to get the help you need.

Health

One of the biggest factors of your quality of life is your physical, emotional, and spiritual health. If you are hurt on the job and are unable to participate in the activities you enjoy, the emotional and spiritual pain you feel may be just as damaging as your physical injury.

Family

Family life is another important factor in your quality of life. If your work-related injury affects the relationships you have with your family members, your quality of life may decline significantly. This will also contribute to your emotional well-being.

Community

Your role in your community can be a determining factor in your quality of life. If you are a dedicated member of a church or support group and unable to attend gatherings or participate at the level in which you were previously involved due to an on-the-job injury, you may suffer additional loss of quality of life.

Finances

If you are hurt on the job and unable to work, any lost wages can cause financial stress and affect your quality of life. Job security and financial stability are another determining factor in your quality of life, and can be significantly jeopardized by a work-related injury.

Unfortunately, in the state of South Carolina, the Workers’ Compensation Commission does not take pain, suffering, or loss of quality of life into account when determining the amount of compensation for a work-related injury. However, you should speak to a knowledgeable South Carolina workers’ compensation attorney about the severity of your injury to help get the most money at the conclusion of your claim. The experienced attorneys at George Sink, P.A. Injury Lawyers are well-practiced in this area and are available to help you with your workers’ compensation claim.

Can’t I just represent myself?

Some accident victims try to save money by attempting to represent themselves in a personal injury case, and end up calling an attorney after they realize they’ve gotten “in over their heads.” Unfortunately, there are many mistakes individuals make, such as providing damaging statements to insurance adjustors, which cannot be undone.  These mistakes could ultimately cost you your case, or drastically decrease the amount of your settlement. Considering the legalities and complexities of the personal injury claims process, hiring an attorney is usually necessary to “level the playing field,” and to ensure you receive maximum compensation for your injuries.

How much does it cost to talk to a lawyer about my case?

For many South Carolina personal injury law firms, the initial consultation or case review is free of charge. You can meet with a legal representative to discuss the details of your case without paying a dime. You can often get free information regarding medical treatment, legal rights and benefits, and secrets about insurance companies and their settlement tactics. This discussion does not create any legal bind between you and the legal representative involved – it is simply a free evaluation.

How do law firms make money?

If you decide to move forward with your case and hire an attorney, most South Carolina personal injury attorney fees are based on contingency. This means the lawyer gets paid ONLY if you get paid. Although sometimes, you may be responsible for costs associated with your case, like obtaining medical records. There is usually no upfront or hourly fee and you shouldn’t have to worry about paying the attorney until after you have already won your case and received your settlement. The contingency fee is a percentage of your total settlement amount.

At George Sink, P.A. Injury Lawyers, we only get paid if you win your case. If we don’t recover money for you, then we will not charge you costs, fees or anything associated with your case. We have every incentive to devote ourselves to your case and fight for your right to receive the compensation you deserve. If you have been injured in an accident and are considering hiring a personal injury lawyer, talk to one of our legal representatives right away. The consultation is free and completely confidential.

Supporters of the referendum, including Mothers Against Drunk Driving (MADD) and the South Carolina Council of Alcohol and Drug Abuse Authorities, believed legalizing “free pours” would allow bars and restaurants to provide their customers with weaker drinks, using less liquor than the 1.7 ounces in a mini bottle. Free-pour drinks were reportedly becoming weaker, with less than 1.25 ounces of liquor per drink. With mini bottle drinks, out-of-state tourists were believed to be unaccustomed to such strong drinks and often underestimated their impairment, contributing to several drunk driving accidents in South Carolina. The law was believed to help reduce the number of alcohol-related accidents caused by citizens and tourists alike.

However, the number of drunk drivers involved in fatal wrecks in South Carolina has not decreased as expected. The percentage of alcohol-related accidents has remained among the highest in the U.S. at 50% of all fatal accidents in South Carolina.

Bars and restaurants in South Carolina can still purchase and serve liquor from mini bottles, but they are no longer required to do so. Some establishments have chosen to stick with the mini bottles to keep track of inventory and avoid pouring too much liquor for a customer. Since the change, liquor sales have increased, but the amount of funding for alcohol and drug treatment has also not met the expectations of the free-pour supporters, with no change in revenue since 2005.

The mini bottle referendum has not had the effect on alcohol-related accidents that voters expected. However, it should not be considered the cause of the increase in driving fatalities over the past several years. South Carolina citizens should drink responsibly and designate a driver before venturing out to the bars. If you have been injured in an accident caused by a drunk driver, talk to a knowledgeable South Carolina accident attorney to get the help you need.

1. Surround yourself with support.
   Love and encouragement from family and friends are often the best medicine in a time of need. Don’t attempt to tackle the recovery process alone; your loved ones, your medical providers, and even your attorney should be there to help you along the way.
2. Eat and drink healthy.
   The energy and overall good feeling you will have by cutting out junk foods and soda could help your body recover more quickly and keep you feeling clean and reenergized. Your mood is often directly associated with your physical well-being. If you are injured after an accident, do your body a favor and nurture it with a healthy diet.
3. Avoid stressful situations.
   Constant medical bills, probing insurance companies, and endless questions regarding your accident can create a lot of stress. Try to avoid these situations whenever possible. An experienced South Carolina accident attorney can help you with these issues and eliminate some of the anxiety involved. Oftentimes, your auto accident attorney will handle all communication and paperwork from the insurance company, so you don’t have to.
4. Exercise or meditate.
   Taking time each day to focus on your physical and mental well-being can be incredibly rewarding in your recovery time after an accident. If you are able, try some moderate exercise like yoga or light stretching to release some healthy endorphins and reenergize your body. If your injury prevents you from exercising, take a few moments each day to meditate and reset your mind to a calm, positive state. As silly as it might sound, thinking happy thoughts can put your mind and body in healing mode and help you get back to normal more quickly. Many people find comfort in mediation and prayer.
5. Focus on the light at the end of the tunnel.
   Injuries caused by an on-the-job accident or car wreck can seem to last forever. Months of physical therapy, bills, and stress can really start to wear on you. A knowledgeable accident lawyer can help you shorten this process by working directly with the insurance companies, medical providers, and employers to hasten the recovery process and get the money you deserve, faster. This will allow you to focus more on your settlement and less on the pain and mental anguish.
6. Follow your doctor’s orders.
   Always listen to the advice of your medical professionals and follow their instructions exactly.  Even if you think you are feeling better, your doctor prescribed certain medicines, physical therapy or other treatments for a reason.  Do not attempt any tasks, like heavy lifting or difficult physical labor without checking with your doctor first.  Following your doctors’ advice is not only a good idea because it can help you heal faster; it will also show the insurance company that you really were injured in the accident and that your daily life is affected.

If you have been injured at work or in an auto accident, staying positive can be a difficult task. The friendly team at George Sink, P.A. Injury Lawyers are available to answer your questions and provide you with helpful advice on how to make the best out of a stressful situation.

Lack of Direction and Control

If you determine when and how you work, you are in control of your own schedule and methods of accomplishing your work. If your employer lacks direction and control, you may be considered an independent contractor.

Equipment Provided

If the employer provides the equipment needed for you to complete your work, you may be considered an employee. Independent contractors typically have their own equipment and do not depend on the employer to provide any tools or resources necessary to complete the job.

Character of Work and Training

Another factor in distinguishing a contracted worker from an employee is the type of work and level of skill involved. If you are considered a specialist in your line of work and only perform a single job, you may be considered an independent contractor. Contracted workers often work for more than one company. If you are trained to do multiple tasks for the same company, you are more likely to be considered an employee.

Hiring and Payment

Contracted workers normally do not go through the formal interview and hiring process. The contractor and employer may negotiate payment, but typically the contractor determines the value of his or her work and pay is received upon completion of the job. Employees, on the other hand, receive hourly or salary-based wages as determined by the employer.

Written Agreements

If you have signed any contracts or agreements stating you are an “independent contractor,” this does not mean you are officially classified by the Workers’ Compensation Commission as a contracted worker. All the above factors must be taken into consideration before determining your status as an employee.

If you are a contracted worker, you may not be eligible for workers’ compensation as determined by the South Carolina Workers’ Compensation Commission. If you have been unfairly categorized as an independent contractor by your employer in an attempt to avoid providing you the workers’ compensation insurance benefits you deserve, you should talk to an experienced workers’ compensation attorney. If you are hurt on the job, George Sink, P.A. Injury Lawyers will fight for your rights as an employee and help you get the compensation you have earned.

What is considered emotional suffering?

Mental or emotional damage is considered “pain and suffering” in personal injury litigation. This may include depression, anger, fear, anxiety, shock, and other symptoms of emotional distress. Symptoms of these mental injuries include random bouts of crying, panic attacks, loss of appetite, trouble sleeping, and fatigue.  More severe emotional injuries may include post-traumatic stress disorder, or PTSD, which may be diagnosed by a doctor.

How do I prove mental pain and suffering?

By providing your own honest testimony to the feelings you experienced after your accident, you rarely need further documentation to prove your mental anguish in court. However, a formal evaluation document from a psychologist may provide additional proof to help your auto accident claim. If you are suffering from PTSD, you must be evaluated by a physician and obtain an official diagnosis from your medical provider. An experienced South Carolina auto accident lawyer can also help you prove the extent of your emotional damages in court.

How will I be compensated for mental anguish?

Severe cases of mental suffering may be compensated if medical bills are accrued or if you incur lost wages during treatment of your emotional pain. This may be true for cases like acute stress disorder or post-traumatic stress disorder. To determine how much you may be able to receive from your claim, you should talk to a knowledgeable attorney who can help you with your auto accident lawsuit and relieve some of the stress and confusion involved in filing an auto accident claim.

If you are experiencing mental and emotional pain and suffering due to an auto accident, please call the experienced legal team at George Sink, P.A. Injury Lawyers to get the help you need. We can help get you the treatment and compensation you deserve.