Frequently Asked Questions
The impact that a serious injury can have on the lives of victims and their families can be overwhelming, and in many cases, individuals in this situation are left with a number of questions about what they can do to help put their lives back together. At the Goings Law Firm, LLC, our attorneys understand how important it can be to find the answers to these questions as soon as possible. That’s why we’ve helped to put together the following list of some of the questions we are asked most frequently by clients, along with their answers.
If the question you need answered isn’t currently available here, or if you would prefer to speak directly with a member of our legal team, please contact us today in Columbia, South Carolina at (803) 350-9230.
If I am injured at work, am I liable?
You are likely not liable if you are injured or contract an illness due to working conditions. For those who follow all expressed safety procedures and company policies, you will most likely receive the worker’s compensation that you deserve. However, workers who injure themselves intentionally, work while intoxicated, or violate safety policies, may not be eligible to receive compensation. Discuss your eligibility for receiving workers compensation with an experienced personal injury attorney today.
Who is liable for a drunk driving accident?
Not only is the person who made the decision to drink and drive liable for any accident that occurs while driving, but the company who over-served that customer may be liable too. Under what is known as dram shop liability or social host liability laws, companies and venues that serve alcohol to readily intoxicated customers may face consequences for their actions. If you have been the victim of a drunk driving accident, get in touch with an attorney to discuss the specifics of your situation today.
What are the common dangerous materials people are exposed to at work?
Many jobs require working with or around materials and chemicals that have the potential to cause serious health issues. Among the most common dangerous substances that people may be exposed to at work are gasoline, carbon monoxide, asbestos, radon, and benzene. These are only some of the materials to which people may be exposed. If you have suffered from a disease or illness because of chemical exposure, you may be eligible for compensation for medical expenses and lost wages. To learn more speak with a lawyer at your soonest convenience.
What if I can’t pay my medical costs?
The medical costs that are associated with personal injuries can be egregiously high, and many people struggle to pay for them. However, it’s important to know that you might not be wholly responsible for all of your medical costs. In fact, if another person’s actions are what led to the accident in the first place, the person responsible could be held legally and financially accountable for the various costs that you’ve incurred as a result of your accident.
If my child was injured at school can I be compensated?
Parents should be able to trust the caretakers that they leave their children with, but sometimes this trust is violated and children are not properly cared for. If your child has been injured and their injury is the direct or indirect result of another person’s negligence, then you could have a personal injury claim. If your child has been injured or harmed in a similar situation, discuss your legal options with an attorney today.
A prescription worsened my physical condition, do I have a claim?
It depends. You may be eligible to pursue compensation if any of the following factors are present:
- Pharmacy error
- Manufacturing error
- Improper labeling
- Unknown or misrepresented side effects
The best way to learn about your legal options is to speak with an experienced personal injury attorney as soon as possible.
How long will my case take?
It’s almost impossible to know exactly when a case will conclude or how long an individual personal injury case will take, as the length of time that these cases can take varies so much based on unique case distinctions. If your case requires witness testimony, the collection of a lot of evidence, general delays in proceedings, or other time-consuming aspects, then it might take longer than one in which these things are not required. However, the best way to get an estimate of how long a case might take is to talk with an experienced attorney from the Goings Law Firm, LLC about the specifics of your situation.
What questions should I ask a potential lawyer?
There are many ways that a person can gauge an attorney’s fit for their case, and some questions can be particularly instructive in helping you choose an attorney that is right for you and your case. For instance, knowing if an attorney has fought and won a case like yours previously is important. But keep in mind that everyone’s case is different. Also, you should consider asking about fees, both what the initial fees are and whether or not these fees ever change. You might also want to talk about how you will get in touch with the attorney throughout the duration of the case because this can give you a sense of how to communicate with him or her. Asking these questions might give you a better idea of whether or not an individual attorney will work for your situation.
Should I just pay for costs myself if I can afford them?
Some people wonder if it’s worth it to hire an attorney and go through the personal injury case process, especially if they are fortunate enough to be financially able to pay for the costs of their injury themselves. But the legal process is about fairness, and if another person has caused you injury and expense, you should not have to be held responsible for the costs you’ve incurred. Furthermore, filing a personal injury claim might be easier and less troublesome than you think, especially when you have an attorney you can trust by your side.
How can I know if I qualify to pursue a wrongful death claim?
When a person is killed as a result of the negligent or reckless actions of others, their loved ones may be entitled to pursue compensation through a wrongful death lawsuit. However, under the law, not everyone who may have been close to the deceased is entitled to take this type of action. Generally speaking, wrongful death claims are limited to the immediate family of the deceased, though there may be certain exceptions to this rule. To find out whether you qualify to pursue a claim, you should discuss your situation with an attorney.
Who is liable for my car accident injuries?
This is a complex question that only a highly rated personal injury attorney can best answer. Generally speaking, however, liability for injuries resulting from a car accident or wreck depends on how the collision was caused. The at-fault driver is primarily responsible. The at-fault driver’s auto insurance provides coverage for the driver’s careless and negligence conduct. If the at-fault driver does not have auto insurance, or not enough coverage to fully compensate you for your injuries, your auto insurance may be responsible based on your uninsured or underinsured motorist coverage. In some cases, vehicle defects may be the cause of a motor vehicle accident. The vehicle manufacturer or the manufacturer of the defective part may be held liable for the injuries sustained by accident victims in addition to the at-fault driver.
Can I still pursue compensation if I was partly to blame for the accident?
Injury victims who have suffered losses as a result of another person’s negligence or recklessness are entitled to receive compensation for their pain and suffering. However, if the victim was partially at fault for the accident, the issue can become complicated. Nevertheless, in South Carolina, those who were less than 50% responsible for an accident may still be eligible to pursue compensation. You should discuss your case with an attorney to find out whether you may qualify.
What is informed consent?
Under the law, doctors are required to obtain a patient’s informed consent before they proceed with treatment in order to protect themselves from liability that they may otherwise face for injuries or harm arising from their course of treatment. Informed consent is simply a patient’s agreement to undergo a proposed course of treatment or procedure after they have been informed of, and have understood, any relevant issues, such as possible side effects or alternative treatment options, which might affect their decision. In some instances, lack of informed consent can be grounds for a medical malpractice claim.
If I was attacked by a dog, is the owner liable?
Under South Carolina law, dog owners are held strictly liable for the damages that their pets may cause others to suffer. What this means is that, regardless of whether or not the owner had prior knowledge that their dog might have dangerous or aggressive tendencies, they will be held liable for the injuries suffered by others in the event of a bite or attack. There are, however, certain exceptions to this rule: owners are not held liable if the person whom their animal attacked was trespassing on private property, or if the attack victim provoked the dog into attacking.
Should I hire an attorney for my workers’ compensation claim?
Yes. Without the help of an experienced Columbia workers’ compensation lawyer, you may not be receiving necessary medical treatment, benefits, and compensation for your impairment and disability that the law provides. Your employer and its insurance company will hire an attorney, and so should you! South Carolina workers’ compensation laws can be difficult to understand without proper training. We do not accept a fee unless we win, and hiring a Columbia attorney for your claim is well worth the likelihood of additional benefits, medical treatment, and the peace of mind that comes with knowing your case is in experienced, capable hands.
What to do after a trucking accident?
Hire an experienced lawyer quickly, but make this decision with great care. The laws related to trucking accidents can be complex. Collisions caused by 18-wheelers, tractor-trailer trucks, and commercial vehicles can cause tremendous personal injury, such as permenant spinal cord and brain injuries. In some cases, the consequences of a trucking accident is death. After a trucking accident, it is best to hire an experienced Columbia trucking litigation attorney as quickly as possible. This is especially true following a truck accident in order to preserve and obtain critical information related to the truck driver, the trucking company, eyewitnesses, and evidence of how the truck caused the collision before it is lost, destroyed or otherwise made harder to collect. The Goings Law Firm, LLC has the experience and legal know how to represent you or a loved one recover for the damages sustained from a trucking accident.