Frequently Asked Questions | Steinberg Law Firm

Frequently Asked Questions

The challenges that many injury victims face are often considerable, and victims and their families may be left with questions about what they can do to deal with these challenges. At the Steinberg Law Firm, we understand just how hard it can be to find the answers you need at this time. That’s why our team of attorneys has put together the following collection of frequently asked questions and answers to assist clients and potential clients in this difficult situation.

If you have additional questions, or if you would prefer to speak with an attorney directly, please contact us today at 843-720-2800.

+ Why do I need to hire a lawyer?

Hiring a lawyer isn’t an act of weakness – it’s a smart decision. Personal injury law is very complex, and it could be very difficult for you to find the best path to take. In addition, the defendant – often a large corporation or insurance company – will usually have experienced attorneys working on their side. Some companies have even been known to use shady tactics to trick you into making a serious mistake. Only an experienced Charleston personal injury lawyer can protect your rights and interests every step of the way.

The Steinberg Law Firm has been helping people like you for over 80 years. Call 843-720-2800 and let us start working for you today.

+ Why should I hire an attorney?

Injury victims are often placed in an extremely difficult position: not only do they have to cope with the substantial physical and emotional trauma that often occurs as a result of an injury, but they may also have to contend with considerable financial costs as a result of these injuries. While it is often possible to recover some compensation for these damages through a personal injury lawsuit, doing so without legal representation can be extremely challenging. That’s why many injury victims turn to the assistance of a trained attorney in order to be able to effectively fight for justice.

+ Who is liable for my damages?

Assessing liability for a personal injury claim is not always as simple as it may appear. In some cases, the person who was directly responsible for the accident’s cause is an obvious target for liability. However, in other situations, product manufacturers, property owners, and others who may not have been directly involved in the accident but who nevertheless were instrumental in causing the injuries to occur, likely as the result of negligence prior to the fact, are the ones responsible for resulting damages. An experienced attorney can help you determine who may have been liable for your damages.

+ What should I do if Ive been injured by a defective product?

The state of South Carolina follows a legal doctrine called strict liability. This means that companies are responsible for the safety of the products they sell with no excuses. Any person who has been injured by a defective product may be able to win compensation.

If you have been injured by a faulty product, such as a dangerous drug or tool, you need to contact a good attorney right away to learn about your options. You may have grounds to file a product liability suit. This may allow you to win compensation for medical expenses, pain and suffering, and lost wages.

To schedule a consultation with an experienced Charleston product liability lawyer, contact the Steinberg Law Firm by calling 843-720-2800.

+ What is medical malpractice?

Doctors have an enormous responsibility towards their patients, as the care they provide can literally mean the difference between life and death in some situations. Therefore, doctors and other medical professionals are held to a high standard of professional competency. Errors on the part of medical care providers that occur as a result of a failure to meet this high standard and which cause patients to suffer harm are considered to constitute medical malpractice, and those who commit medical malpractice can be held financially liable for the damages their mistakes may have caused.

+ What is a statute of limitations?

Under the law, injury victims are often entitled to pursue a claim against those who may have been responsible for their losses. However, there is not an unlimited amount of time in which injury victims are entitled to pursue such a claim; a restriction known as the statute of limitations places a time limit on the period in which such claims can legitimately be pursued. Therefore, it is important that injury victims take legal action as soon as possible in order to ensure that they do not forfeit their rights under the law.

+ What if Ive seen my company doctor but want a second opinion?

You have two options in this situation: contact your workers’ compensation insurance provider directly or file a request for a second opinion with the SC Workers’ Compensation Commission. Either way can take some time to show results, so you may want to have legal assistance as you seek a second opinion.

For more information, contact a Charleston workers’ compensation attorney through the Steinberg Law Firm at 843-720-2800.

+ What are punitive and compensatory damages?

Compensatory damages, also known as actual damages, are awarded to a plaintiff as repayment for expenses he or she has faced. Lost wages, medical expenses, and attorney’s fees are all examples. Punitive damages are awarded when a jury decides that the compensatory damages they’ve given are not an adequate repayment. They are sometimes considered a way to punish grossly negligent defendants.

+ I’ve been hurt in an accident. Should I file a personal injury lawsuit?

It really depends on the specific circumstances surrounding your injury. A strong lawsuit can be very valuable in getting you the financial compensation that you deserve. However, if you file suit without a strong case, you may end up wasting your time and money.

An experienced Charleston personal injury lawyer can discuss your case with you and help you determine whether taking legal action is the best choice. Call the Steinberg Law Firm at 843-720-2800 to learn more.

+ If I file criminal charges against an attacker, can I still file a lawsuit?

If you have been injured by an attacker or drunk driver, he or she may be facing criminal charges. While it is satisfying to know that he or she will face consequences for his or her crimes, it does not help you with the medical costs of your injuries. Fortunately, you can still file a personal injury lawsuit in addition to criminal charges. Even if your attacker is found not guilty in a criminal court, you may still have grounds for a successful lawsuit.

+ I’m dissatisfied with the results of a dental procedure. Can I file a malpractice claim?

Being unhappy with the outcome of dental work does not itself merit the filing of a claim, and is not a consideration for malpractice. However, if your dissatisfaction stems from consequences of the dentist’s action or inaction, such as numbness or loss of taste, or gum disease that a dentist should have diagnosed during the course of other treatment, you may have grounds for a case.

To discuss your situation with an experienced Charleston dental malpractice lawyer at the Steinberg Law Firm, call 843-720-2800.

+ I was injured on the job. Can I file a suit against my employer?

As a general rule, it is very difficult to bring personal injury suits against employers following workplace injuries. You cannot file a suit if you have already received compensation through the workers’ comp program. And yet you are required to apply for this compensation before you can file a suit.

You may have grounds for a workplace injury lawsuit if your employer deliberately caused your injuries; if your employer has been grossly negligent; or if a third party such as a client or a manufacturer of tools you use at work is responsible for your injuries. To discuss the details of your case, contact an experienced Charleston workplace injury lawyer today.

+ How much is my case worth?

Determining the exact value of a case is a complicated process involving several factors. One part of equation involves calculating the quantifiable losses that you suffered as a result of your injury. This could include things like lost wages, medical bills, and court fees. Another crucial part of the equation is intangible losses, such as pain and suffering, loss of companionship, and loss of enjoyment of life.

A Charleston personal injury lawyer can consult with you about your case and help you determine how much compensation you should ask for in court. Call 843-720-2800 to speak with a professional at the Steinberg Law Firm today.

+ How much compensation am I entitled to receive?

The amount of compensation that an injury victim may be in a position to receive can vary widely, and depends largely on the circumstances of their case. In some cases, compensation may be limited to the tangible financial costs that the injury may have had, including the costs of medical treatment, lost income, and future reductions in earnings potential. In others, compensation may be awarded for emotional and psychological pain and suffering, and punitive damages may even be assessed against those who caused the injury in particularly extreme circumstances.

+ How do I prove my elderly family member is being abused?

Gathering evidence of nursing home abuse is a very complex task. Many facilities work hard to disguise negligence or abuse, and many residents have cognitive difficulties that can make their testimonies suspect. Documentation of injuries, health complications, and any signs of an unclean or unsafe environment are vital to pursuing justice.

An experienced Charleston personal injury lawyer will know the ins and outs of the legal system, as well as the most effective ways to gather useful evidence. If you are suspicious of the care an elderly loved one is receiving, contact the Steinberg Law Firm today.

+ How do I know who is responsible for my injuries?

It is not always easy. Indeed, the goal of most legal hearings is to answer that very question. There are many complications that can come into play. For example, more than one party can be responsible for an injury to different degrees; even you may be found partially responsible for your injuries. There is also the challenge of documenting the extent of the injuries, how they were caused, and whether anyone could have foreseen the accident.

If you have been injured, it is probably not a good idea to sort out these difficult legal questions alone. The advice of a qualified Charleston personal injury lawyer can be a great help.

+ If I file a personal injury lawsuit, do I need to go to court?

You may, but the chances are good that you will not. The majority of lawsuits are settled out of court, especially those filed against corporations. Most companies do not want to spend the time or money on a trial, not to mention the risk to their reputation that may result from a public hearing.

A good attorney can help you get the compensation you need, not the small settlement that a defendant is likely to offer. To learn more, contact a Charleston personal injury lawyer by calling the Steinberg Law Firm at 843-720-2800.

+ Do I have to work if my doctor approves “light duty” work?

If your doctor approves you for “light duty” work, you must return to work. Refusing to go back to work could cause your compensation to be terminated. If you believe that you are not healthy enough to perform your job duties, you can request a hearing. In this case, an experienced workplace accident attorney can help you take the necessary legal steps to protect your health and well-being.

+ How long does workers’ compensation last?

Your workers’ compensation payments should last until your doctor gives you permission to return to work. If your injury lasts more than 150 days, your employer will have to ask you to sign a receipt of compensation after 15 days back at work. If you return to work before 150 days, you will have time to assess whether you agree with the termination of your workers’ compensation payment and file for a hearing if you disagree. A workers’ compensation lawyer can help you determine whether you should still be receiving payment.

+ Can I be compensated for missing time from work?

There is a seven day waiting period in South Carolina between the time of your workplace injury and time of payment. After seven days, you may be eligible for workers’ compensation payments. If your injury lasts more than 14 days, then you will be paid for the seven day waiting period.

+ How much compensation will I receive for a workplace injury?

Under South Carolina workers’ comp law, you are eligible for 66 2/3 percent of your average weekly wage. Your average weekly wage is determined by a calculation based on your wages in the four quarters prior to your injury. In addition, compensation may not exceed the maximum average weekly wage set by the South Carolina Department of Employment and Workforce.

+ What should I do if I was injured on the job?

If you have been injured on the job, you must inform your employer of your injury as soon as you can. You can report this injury to a supervisor, manager, or safety administrator through writing or in person. You have 90 days to report an on-the-job injury, but you are encouraged to report your injury as soon as possible to lessen the chances of your claim being denied by the insurance company or your employer. After this, you have two years to file a claim for benefits.

+ Who is liable for my damages?

Assessing liability for a personal injury claim is not always as simple as it may appear. In some cases, the person who was directly responsible for the accident’s cause is an obvious target for liability. However, in other situations, product manufacturers, property owners, and others who may not have been directly involved in the accident but who nevertheless were instrumental in causing the injuries to occur, likely as the result of negligence prior to the fact, are the ones responsible for resulting damages. An experienced attorney can help you determine who may have been liable for your damages.

+ Why do I need to hire a lawyer?

Hiring a lawyer isn’t an act of weakness – it’s a smart decision. Personal injury law is very complex, and it could be very difficult for you to find the best path to take. In addition, the defendant – often a large corporation or insurance company – will usually have experienced attorneys working on their side. Some companies have even been known to use shady tactics to trick you into making a serious mistake. Only an experienced Charleston personal injury lawyer can protect your rights and interests every step of the way.

The Steinberg Law Firm has been helping people like you for over 80 years. Call 843-720-2800 and let us start working for you today.

+ Why should I hire an attorney?

Injury victims are often placed in an extremely difficult position: not only do they have to cope with the substantial physical and emotional trauma that often occurs as a result of an injury, but they may also have to contend with considerable financial costs as a result of these injuries. While it is often possible to recover some compensation for these damages through a personal injury lawsuit, doing so without legal representation can be extremely challenging. That’s why many injury victims turn to the assistance of a trained attorney in order to be able to effectively fight for justice.

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