FAQs
Svalina Law Firm, P.A. knows how important it is for you to understand your rights. We hope the answers to the following questions help.
Personal Injury
- Should I provide a statement to an insurance company without a lawyer's help?
- Will I have to go to trial to recover damages?
- What is considered "pain and suffering?"
- What determines the amount I might recover?
- What is a typical settlement amount?
Workers' compensation
- What should I do if I get injured on the job?
- How can I jeopardize my benefits?
- Under what circumstances could I be denied workers' compensation benefits as a result of an on-the-job injury?
- Am I barred from recovery if I was at fault?
- Can I sue anyone else for a work-related injury?
- What is no-fault workers' compensation?
- What if my workers' compensation claim is denied?
Auto accidents
Wrongful death
- What is wrongful death?
- What is the statute of limitations for filing a wrongful death claim?
- What is the difference between wrongful death and medical malpractice?
- Who can sue for wrongful death?
Criminal law
- What are my rights once I'm arrested?
- If I have been arrested, when should I contact a lawyer?
- When do the police have to read me my rights?
- What happens if the police do not read me my rights?
- When do I have the right to a trial by jury?
Family law
Personal Injury
- Liability—establishing someone’s negligence
- Damages—the amount that will fairly and adequately compensate you for your injuries
- Source of collection—insurance or other assets from which damages can be recovered
- Incurred medical bill amount
- Future medical bills
- Loss of past income
- Your age
- Any permanent limitations caused by the injury
- Impact on future earning capacity
- Activities you can no longer do
- Activities you can do but do not enjoy as much
- Prognosis for further problems
- Strength of lay witness testimony
- A negligent or careless act (e.g., careless driving)
- A reckless act
- An intentional act such as deliberate murder
- You have the right to remain silent and not to incriminate yourself through your actions or statement
- You have the right to be free of unreasonable search and seizure, though there are various regulations and exceptions that accompany that right
- You have the right to an attorney
- You also have the right to be advised by police about these rights, commonly called Miranda Warnings
Should I provide a statement to an insurance company without a lawyer's help?
It is in your best interests to only provide your contact information to an insurance company after you consult with and retain a lawyer. The more significant your injuries, the more imperative it becomes to seek legal counsel before providing any statement.
Will I have to go to trial to recover damages?
About 95% of personal injury cases filed settle prior to trial.
What is considered "pain and suffering?"
Pain and suffering includes harm caused by physical injury and mental anguish experienced through avoiding activities you engaged in prior to your accident and the potential of surgery.
What determines the amount I might recover?
Every case addresses three issues:
Each case is unique, and the facts of your case will also determine the amount you could recover.
What is a typical settlement amount?
An experienced personal injury lawyer reviews and interprets your case information to determine the appropriate value for your claim:
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The goal is fair and adequate compensation for your injury and an experienced attorney will know what a reasonable jury would award. The strength of lay and expert witness testimony will likely influence the amount.
Workers' compensation
What should I do if I get injured on the job?
You must notify your employer of the injury. You should also tell your employer if you need medical attention. You may also have to notify South Carolina's industrial commission. Our experienced workers' compensation lawyers can help you understand the process and your rights in South Carolina and file your claim.
How can I jeopardize my benefits?
Your claim may be denied if you fail to report injuries promptly or fail to cooperate with your employer and authorized treating physician regarding medical evaluations, treatment, rehabilitation services and claim investigation. Your claim can also be denied if you refuse to return to suitable employment. Some other reasons for denial of claims include submittal of fraudulent information, refusal to take a drug test, and refusal to submit to a medical examination by the authorized treating physician, at reasonable times.
Under what circumstances could I be denied workers' compensation benefits as a result of an on-the-job injury?
Benefits are not payable if you are injured while engaged in willful misconduct or if your injury is due to the use of alcohol, drugs, or the misuse of controlled substances.
Am I barred from recovery if I was at fault?
No.
Can I sue anyone else for a work-related injury?
This is called a third party suit. If your injury was caused by the negligence of a third party other than another person who is also an employee of the company for which you work, you may have a right to sue that party.
Our attorneys can help determine if a third party may also be at fault for your injury.
What is no-fault workers' compensation?
Some states have no-fault insurance programs that give benefits to employees who suffer job-related injury or illness. In such a program, if you are injured on the job, you receive benefits in exchange for agreeing not to pursue civil action against your employer, unless the injury was intentional.
What if my workers' compensation claim is denied?
If your employer and its insurance company deny coverage on the claim, you may file a claim with South Carolina's Workers' Compensation Commission. There is a time limitation—all workers' compensation statutes restrict the amount of time you or your dependent has to file a workers' compensation claim, usually between one to three years from the date of injury, depending on the state. If your claim is for a job-related disease, the time limitation period begins when you learn you have the disease.
Auto accidents
Can the insurance company refuse to pay my medical bills if my car was not damaged?
No. While the insurance company might try to draw a direct correlation between damage done to your car and the severity of your personal injury, it is possible that the body sustains damage even if the car did not. The reverse may also be true—a car might experience major impact but the people might only suffer minor cuts and bruises.
Wrongful death
What is wrongful death?
The idea behind a wrongful death lawsuit is the death, in addition to injuring the person who died, also brought harm to the people who depended on that individual for financial and/or emotional support. The wrongful act might be:
South Carolina has a statute permitting a lawsuit to be brought by the decedent's relatives in the event of a wrongful act.
What is the statute of limitations for filing a wrongful death claim?
South Carolina law sets the timeframe for filing. Time begins with the time of the incident/the party became aware of or discovered the injury. The state will not honor a wrongful death claim filed after the legislated timeframe and the opportunity to recover damages for the family will be forever lost.
What is the difference between wrongful death and medical malpractice?
Wrongful death is a type of damage and malpractice is a type of negligence. Not every wrongful death case involves medical malpractice and not every medical malpractice case involves wrongful death.
Who can sue for wrongful death?
South Carolina defines the person(s) allowed to bring a wrongful death suit. In South Carolina, a spouse and children may file.
Criminal law
What are my rights once I'm arrested?
If I have been arrested, when should I contact a lawyer?
It is never too early to seek out a criminal defense lawyer when you have been charged with a crime. An attorney can find out information about your case, can advise the prosecutor on exculpatory evidence the police might have missed, and can advise you on what steps to take before your first court appearance. An attorney who gets involved early enough can sometimes even talk the prosecutor into downgrading or dismissing charges.
When do the police have to read me my rights?
If you are a suspect, the police are required to read you your Miranda rights before conducting a custodial interrogation.
What happens if the police do not read me my rights?
Many people think that if the police do not read them their rights, the charges are dismissed. This is usually not the case. Instead, if a suspect is interrogated in custody without being read his rights, then the statement he or she makes may be excluded as evidence.
When do I have the right to a trial by jury?
Any crime that may be punished by imprisonment for more than six months automatically triggers the right to a trial by jury, no matter what the offense is.
Family Law
A divorce or dissolution of marriage is a decree by a court that a valid marriage no longer exists. Both parties are free to remarry. The court will award custody, divide property, and order spousal and child support.
Alimony or spousal support is money paid from one spouse to another for day-to-day support of the spouse with fewer financial resources. Sometimes alimony also can be used to pay back a debt.
How do courts determine child support?
Under federal law, all states have guidelines to determine child support. The guidelines are formulas that consider the income of the parties, the number of children, and perhaps some other factors. The formulas are based on studies of how much families ordinarily spend on raising a child. The formulas try to approximate the proportion of parental income that would have been spent for support of the child if the family had not been divided by divorce. Courts insert into the formula and come up with an amount of support that should be paid. The parties can argue that because of special circumstances, a court should order more or less support than the guideline amount.
