Myrtle Beach Personal Injury FAQ with Attorney David Aylor MyrtleBeachSC News
While Myrtle Beach is idyllic in many ways, it’s important to remember that serious, injury-related accidents happen in and around our community every day. Attorney David Aylor is a veteran auto accident attorney based in Myrtle Beach who has been an attorney since 2007. We sat down with David to discuss some of the issues and concerns faced by people who have been injured in accidents caused by others. Below are his answers to some of our questions.
Myrtle Beach attorney David Aylor
What Types of Injury Accidents Occur in Myrtle Beach?
As a resort and beach community, Myrtle Beach is full of places to relax and have fun – and get hurt too. Some examples of accidents that frequently injure victims include car accidents, pool and spa injuries, slipping and falling accidents in restaurants and grocery stores, and accidents in hotels and resorts. Due to the frequent traffic in and out of Myrtle Beach, there is a risk of major car accidents for locals and visitors alike.
When can accident victims receive compensation?
Under South Carolina law, people injured in accidents caused by the negligence of others are usually entitled to compensation for the losses they suffer as a result of the accident. Negligence, under the law, means not exercising the level of due diligence that a reasonable person would normally use in the same circumstances.
While this definition may seem technical, many examples of negligence are just a matter of common sense; For example, sensible people don’t accelerate, don’t drive red lights, or drive drunk. Likewise, a reasonable shopkeeper would clean up after someone spilled something on the floor of his shop. In some cases, however, negligence can be difficult to detect. It is therefore important that anyone who has been injured in an accident speaks to a lawyer about their options.
Do you need a lawyer to get compensation after an accident?
There is no rule that accident victims must keep a lawyer, and in many cases victims can get something back themselves. However, it is always wise to use a lawyer after an accident as this will protect your rights and ensure that you get the full value of your claim.
To understand why it is a good idea to use a lawyer after an accident, it is helpful to consider how the personal injury procedure works. First, very few cases actually go to trial. A lot of people understand that they don’t need a lawyer, but it’s actually the opposite. Since most cases are settled out of court, it’s important to have someone by your side who understands the law and knows how much you should get for your injuries.
Remember that insurance companies are in business to make a profit, which means that their goal is to pay as little as possible for any claim they receive. Before attempting to clarify your case as little as possible, they will determine if there is any way to turn it down outright. Unless you’re familiar with personal injury law, you likely have no idea how much your case is worth, and the insurance company won’t hesitate to settle your case for pennies on the dollar. Luckily, your attorney will represent you in settlement negotiations in an attorney’s settlement and will provide evidence of your claim for damages to maximize the chances of getting you the compensation you are entitled to under the law.
If the insurance company denies your claim or does not make a fair settlement, you must take your case to court for compensation. In this case, it is important that you have an experienced attorney who knows how to claim personal injury and defend victims’ rights in court.
How much is personal injury worth?
Unfortunately, there is no way to talk about how much an “average” claim is worth as every claim is really different. In addition, even claims in a particular subcategory of personal injury can vary widely. For example, a slip and fall case in which a person broke an arm and missed a few work days can be worth a few thousand dollars. On the other hand, a slip and fall that resulted in a traumatic brain injury can be worth millions. It all depends on the particular losses you suffered in your accident. Some of the factors that may be relevant to the amount of compensation you can get after an accident are your age, your occupation, whether there is property damage, your injuries, your prognosis and whether you are partially responsible for your accident to have.
How long do I have to make a claim?
The statute of limitations for personal injury in South Carolina is three years. This means that you have three years from the date of your injury to file a claim. However, you shouldn’t wait three years to make your claim. In fact, you should always speak to an attorney and file your claim ASAP. The personal injury process can take months or even years, and it is better to get your statement or award sooner rather than later. Also, waiting for your claim to be filed can very easily lead to the loss, deterioration, or destruction of evidence that is vital to the success of your case.
How much does it cost to keep a personal injury attorney in Myrtle Beach?
Fortunately for victims, there are no up-front costs involved in retaining a personal injury attorney. Personal injury attorneys typically work on a contingent fee basis. This means that they agree to represent you on a percentage of any settlement or judgment they obtain on your behalf. Since personal injury attorneys almost always offer free consultations, you can discuss your accident with a lawyer for free and find out if you have a claim.