Category: Personal Injury

An accident with a truck or other commercial vehicle has the potential to change your life forever. If you are in such a predicament, it is important that you take specific actions immediately after the collision. Above all, consult with a South Carolina personal injury attorney for guidance in maneuvering through the legal maze. 

Be Civil and Safe

Though there is the potential for tempers to flare during the drama of a commercial vehicle crash, it is best to remain cool, calm, and collected. Your demeanor in the aftermath of a crash with a truck driver shapes his or her willingness to cooperate, share information, and remain civil. Pull over to the side of the road, flag down the driver, and speak politely.

Exchange Information With the Other Driver

The first thing to do in the aftermath of the truck accident is to obtain information. Use your smartphone or pen and paper to write down the following information:

• Opposing driver’s name
• Employer name
• Truck number
• Auto insurance information

Provide your name and the name of your auto insurer. Refrain from offering additional information. 

Record the entirety of the conversation with your smartphone in the event that the driver of the commercial vehicle admits fault. Such evidence can be used to prove negligence in a court of law.

Seek Medical Attention

Now that you’ve collected the bare minimum of information, reach out to an emergency medical services provider for assistance. Start collecting evidence while waiting for the ambulance to arrive. The ambulance driver will take you to the closest hospital for medical evaluation. The treating doctor’s hospital report will detail the accident’s causal relationship to your pain. 

Even if you don’t feel immediate pain or don’t have a visible injury, it is still in your interest to visit with a doctor for a formal medical report. There is the potential for whiplash and other injuries to manifest in the days ahead yet you might not feel those pains right away.

Preserve Evidence

Commercial vehicle accidents are inherently complex. Even a small piece of evidence has the potential to tip the scales of justice in your favor. Take pictures and video of the crash site including the intersection with your smartphone. If you don’t have your smartphone on your person or if your phone was damaged during the accident, draw a picture of the accident scene for future reference. 

Contact the police for a formal accident report. The responding police officer’s accident report will attempt to piece together the accident to assign blame. 

Take a close look at your surroundings for video surveillance cameras. If anyone witnessed the accident, retrieve their name and contact information for future reference. Ideally, you’ll record their witness statements from the accident site using your smartphone’s video recording feature.

Learn More During a Consultation With Our South Carolina Personal Injury Attorneys

A personal injury has the potential to significantly change your life. This is a time to ask for help. Our South Carolina personal injury attorneys are here to provide guidance. Contact us for a consult today.

Workers are often injured in a variety of ways on construction sites, despite the best efforts of OSHA (the Occupational Safety and Health Administration) to push for sites to be completely safe for workers. Serious injuries and even death may result. Some of those deaths can be attributed to tools or materials falling and striking construction workers. If you’ve been injured on a construction site, let South Carolina construction site accident attorneys help you understand your legal options.

Understanding Struck-By Incidents

OSHA categorizes “accidents” as situations where something entirely unforeseen caused injury or death. However, they feel most injuries are the result of poor training or safety rules violations, and so should be categorized as “incidents” instead of “accidents.”

A variety of objects may be found rolling, swinging, falling, or flying on a construction site. Cranes often must lift heavy materials high into the air. Materials may roll off of scaffolding. Tools or building materials can fall from a very pitched roof. Even when safety precautions are taken, many factors can cause struck-by accidents. Winds, rain, mud, darkness – all can contribute to the problem. 

Workers are often struck, resulting in many types of injuries. For example:

• A closed head injury or scalp laceration
• Spinal cord or neck injury
• Eye injury
• Broken bones
• Burns

In rare cases, struck-by accidents can cause death. According to OSHA, there were 5,486 worker fatalities in 2022.

Inadequate Training and Safety Standards: A Major Contributor to Struck-By Incidents

Inadequate worker safety training commonly causes issues with falling or flying objects but that’s not the only cause. Failure to wear protective headgear like hard hats can also cause struck-by injuries. Human factors can cause or contribute, and they can be especially tricky to pinpoint. For instance, worker fatigue may be the root cause due to many factors, for instance:

• Inadequate sleep
• Working too fast due to deadline pressures
• Fatigue due to illness
• Operator error due to substance abuse

Whatever the cause, construction sites are inarguably hazardous, and when property owners, contractors, or subcontractors don’t follow safety standards, everyone on the site is at risk.

The Role of Heavy Equipment and Machinery in Struck-By Accidents

Cranes and other heavy equipment are commonly found at construction sites. Cranes that lift heavy materials often cause struck-by injuries. As materials rise into the air, they often tilt or spin around, making it hard to control where they come down. Unbalanced loads are difficult to control. Workers often don’t see the hazard before they are struck.

Other times, the cranes have been improperly assembled, or they fail to safely signal someone on the ground before lifting a material.  

Whatever the cause, whether operator error or safety violations, struck-by incidents are preventable.

Protecting Your Rights: Seeking Assistance From a SC Construction Site Accident Attorney

If you’ve been hurt by a falling or flying object on a construction site, you have rights. Drawing in medical bills? Unable to work due to your injuries? An experienced South Carolina construction attorney can assess the value of your case and help you to get the compensation you deserve. Contact us today for a no-cost consultation.

Pedestrian accidents have been on the rise for decades. The Governors Highway Safety Administration (GHSA) estimates that 7,508 pedestrians were killed in 2022, the highest number since 1981. From 2010 to 2021, pedestrian traffic deaths increased by 77%, while all other traffic deaths only increased by 25%. Thousands of people are treated for non-fatal pedestrian accident injuries each year. 

Our South Carolina personal injury attorneys discuss what to do if you or a loved one has been injured in a pedestrian accident.

Immediate Steps After a Pedestrian Accident

The moments following a pedestrian accident are chaotic. If you or a loved one are injured in a crash with a vehicle, call 911 to report the accident and request emergency medical services. The 911 operator will also dispatch police officers to the accident scene.

Do not discuss the accident with bystanders other than to ask them for their names and contact information. You do not want to say something that could be construed as admitting fault. If you can, and it is safe for you to do so, take pictures and make a video of the accident scene.

Seek immediate medical treatment for your injuries. Delays in medical care could reduce the chance of making a full recovery. It could also create problems for a personal injury claim and make it more challenging to recover compensation for your injuries and damages. 

Understanding Your Rights

Drivers in South Carolina have a duty of care to avoid a collision with a pedestrian. However, pedestrians must follow all traffic control devices and obey pedestrian laws.

South Carolina is an at-fault state. If a driver hits a pedestrian, the driver can be held liable for damages. Pedestrians can recover compensation for their economic and non-economic damages. Damages in a pedestrian accident include:

• Past and future medical bills
• Impairments and disabilities
• Lost wages and reduction in earning capacity
• Pain and suffering
• Scarring and disfigurement
• Out-of-pocket expenses
• Emotional distress and mental anguish
• Loss of enjoyment of life and diminished quality of life
• Long-term personal and/or nursing care

Before you can recover compensation for a pedestrian accident claim, you must prove the driver was negligent or intentionally caused the accident. 

The Role of a Personal Injury Attorney

Proving fault for a pedestrian accident might not be simple. The insurance company for the driver may fight the claim. It might try to blame you for causing the accident or contributing to the cause of your injuries. 

A personal injury lawyer investigates how the crash occurred. They gather evidence proving causation, fault, and damages – the elements you need to prove to win a pedestrian accident claim. A pedestrian accident attorney also handles the insurance company and files a lawsuit to protect your rights when necessary. 

Navigating the Claims Process

Most pedestrian accident claims begin with filing an insurance claim with the driver’s insurance provider. The company assigns an insurance adjuster to investigate the claim to determine if the insured driver caused the accident. The adjuster works for the insurance claim and gathers evidence to protect the company from liability.

Therefore, it is best to allow your lawyer to handle all matters related to the insurance claim. Adjusters often try to get accident victims to say something that could be twisted to suggest the victim was partially to blame for causing the accident. If you are partially to blame, you will not receive the total amount of your damages, and you could even lose the right to receive any money for your claim. 

Once you complete medical treatment, your lawyer prepares a settlement demand package outlining your injuries and damages, the legal basis for a personal injury claim, and a demand for settlement. Your attorney negotiates with the insurance company for a fair settlement. If the company disputes liability or challenges damages, your attorney files a lawsuit and takes the case to court. Even if your attorney files a lawsuit, your case could be settled before trial. 

Contact Us for a Free Consultation With a South Carolina Personal Injury Lawyer 

You deserve compensation for the pain, suffering, and financial losses caused by a negligent driver. Our South Carolina pedestrian accident lawyers at Willcox, Buyck & Williams, PA, can help you recover a fair settlement amount. Contact our law office today to schedule a free case evaluation to discuss your situation with an attorney.

Product liability refers to the legal responsibility of a manufacturer and/or other parties for damages caused by a defective product. Filing a product liability claim is the first step in seeking compensation for injuries caused by a defective or dangerous product. Our South Carolina personal injury attorney discussed the components of a product liability claim in this blog, including the damages you can receive for a claim. 

What Are the Elements of a Product Liability Claim in South Carolina?

South Carolina law holds sellers and other parties liable when they manufacture and sell dangerous or defective products that cause injuries or harm to consumers. As the injured party, you must prove the legal elements of a product liability claim by a preponderance of the evidence. 

You can sue a party for product liability under general negligence, strict liability, or breach of warrant. Negligence claims require that you prove the party failed to meet the standard of care required under the reasonable standard. The reasonable standard is what a reasonably prudent party would have done in a similar situation. 

Additionally, negligence claims require that you prove the manufacturer, designer, or other party knew or should have known the product was defective or unreasonably dangerous. However, they distributed the product without taking any corrective action. On the other hand, breach of warranty and strict liability claims do not require you to prove negligence. 

Regardless of the cause of action used to sue for injuries caused by a defective product, you must prove the following components of a product liability claim:

• The product was unreasonably dangerous and defective;
• The defect existed when the product was in the control of the seller, manufacturer, or designer;
• The product was not modified after leaving their control;
• The product was being used for its intended purpose; and,
• The defective was the proximate cause of the victim’s injuries.

Proving liability for a product liability claim can be challenging. A product liability lawyer may consult experts to gather evidence proving a product was defective, and the defect caused your injury. 

What Damages Can I Receive for a Product Liability Claim in South Carolina?

Injured victims can recover compensation for their economic damages (monetary losses) and non-economic damages (pain and suffering). Examples of damages for a defective product claim include:

• Medical bills and expenses
• Pain and suffering from mental anguish, physical injuries, and emotional distress
• Lost wages and benefits
• Diminished quality of life
• Out-of-pocket expenses
• Loss of enjoyment of life
• Impairments, disabilities, scarring, and disfigurement
• Reduction in earning capacity

Carefully documenting damages increases the value of your claim. Other factors impact how much a product liability case is worth, including the severity of your injuries, the strength of the evidence proving liability, and the parties involved in the case. Our attorneys work to maximize the value of damages to recover a fair settlement or jury verdict for your case. 

Schedule a Free Consultation With our South Carolina Personal Injury Attorney 

If a defective product injured you, you could be entitled to compensation for your injuries. Contact Willcox, Buyck & Williams, PA, to schedule a free case evaluation with an experienced South Carolina product liability attorney. Our legal team has extensive experience handling defective product claims. We will help you seek the maximum compensation available for your claim.

If you get hit by a moving vehicle, you might wonder what will happen next. This blog talks about what to expect after being involved in a pedestrian accident, beginning with the scene of the accident and continuing through to medical treatment and how a pedestrian accident can change your life.

Pedestrians can suffer severe wounds when struck by a car, truck, or bus. A South Carolina pedestrian accident attorney can fight for you to get the compensation you deserve to rebuild your life.

At the Scene of the Pedestrian Accident

After getting hit by a motor vehicle, you might have catastrophic injuries. Some of your wounds might not develop symptoms right away. It is essential that you avoid moving because that could worsen injuries like spinal cord damage. Of course, you do not want to get hit by another car while lying in the street, so you will need to do what makes sense in your situation.

Have someone call 911. You will need immediate medical attention, and a police officer should come to the scene and write a crash report. Be sure to note the license plate, color, make, and model of the car in case the driver panics and flees the scene before the police arrive.

Say as little as possible at the scene. You will want to be mindful of the fact that your words can get taken out of context and used against you by the at-fault party in an attempt to blame you for the accident.

Immediate Medical Attention

When a person’s body gets hit by a car, there is no metal automobile frame around them for protection, which is why injuries can be devastating in pedestrian accidents. Also, the body can fly into the air and land, causing additional wounds.

Sometimes, the walker is in shock and does not feel the full extent of their injuries. Some injuries can take hours or days to develop symptoms, even though the individual might be experiencing a brain bleed or internal hemorrhaging in the abdomen. It is vital to get immediate medical attention and evaluation. 

Follow-Up Medical Procedures

Depending on the type and severity of your wounds, you might need follow-up medical procedures after the initial medical crisis gets stabilized. Recuperating from pedestrian accident injuries could take months or longer. Some people never regain the complete measure of health they enjoyed before the accident.

Completing Prescribed Medical Treatment

The at-fault party or their insurance company will likely grasp at any available straw to try to decrease the amount they have to pay for your injuries and losses. A common tactic they use is to argue that they should not have to pay you as much money if you did not complete all of the medical treatment your doctor prescribed. Be sure to complete your treatment to remove the possibility of this argument.

How a Pedestrian Accident Can Change Your Life

A pedestrian who suffers catastrophic wounds, like traumatic brain injury or paralysis from spinal cord damage, might be faced with a “new normal.” They might never regain full function, strength, endurance, or range of motion. Some people spend the rest of their lives in long-term care facilities because they need daily assistance with medical treatments and personal care.

A South Carolina pedestrian accident attorney can answer your questions and handle your claim or lawsuit so that you can get the rest you need to get better. You can reach out to us today for a free, no-obligation consultation.

If a person causes you to be injured, you might be out of work for weeks or months while you recover. South Carolina’s personal injury laws allow injured victims to seek compensation for damages. Economic damages represent the financial losses incurred because of an accident or personal injury. Lost wages are included in economic damages. A South Carolina personal injury attorney can help you prove the amount of lost wages you should receive for a personal injury claim. 

What Is Included in Lost Wages for a Personal Injury Claim?

Lost wages include any income you would have earned had you not been injured. Examples of lost wages include, but are not limited to:

• Hourly wages
• Salary
• Overtime pay
• Bonuses
• Commissions
• Tips 
• Part-time pay
• Freelance work

Lost wage claims can also include the sick days and vacation days you use as you recover from your accident. It could include benefits and perks you receive as part of your job. 

How to Prove a Lost Wage Claim?

You must prove how much you would have earned if you had been able to work. Evidence that can help prove lost wages include copies of the following:

• W2 and 1099 statements
• Tax returns
• Income statements
• Pay stubs

You may need a statement from your employer confirming your rate of pay, average number of hours worked, typical overtime hours, and benefit information. You must also have medical evidence proving your injuries prevented you from working during the time you are claiming lost wages.

Future Lost Wages and Diminished Earning Potential

If your injuries result in a permanent impairment, you may be entitled to future lost wages if you cannot return to work. Diminished earning potential is the difference in what you could have earned had you not sustained an impairment less the amount you can earn with the impairment. 

Future loss of income is challenging to predict. Often, attorneys work with medical specialists, vocational experts, and financial professionals. Expert witnesses use several factors to estimate future loss of income, including:

• Your age and general health
• Education, skills, and experience
• Job or career
• Rate of inflation
• Anticipated retirement age
• The level of your impairment 
• The potential growth and outlook for your job or career

A person could lose millions over a lifetime if they cannot return to work after a personal injury. It is important to work with a lawyer to ensure you do not undervalue your loss of income now and in the future. 

How Does Comparative Fault Impact a Lost Wage Claim After a Personal Injury?

South Carolina has a modified comparative fault law. If you are more than 51% to blame for causing your injury, you cannot receive any compensation for your damages. 

However, if you are less than 51% at fault for causing your injuries, your damages are reduced by the percentage of fault. For example, if you are 25% to blame for causing a car accident, you would only receive 75% of your damages. 

Comparative fault applies to all damages, including lost wages. If an insurance company tries to blame you for an accident or injury, call a lawyer immediately for help. 

Schedule a Free Consultation With Our South Carolina Personal Injury Attorneys

At Willcox, Buyck & Williams, PA, our legal team works to obtain the total value of your personal injury damages. Our South Carolina personal injury attorneys are skilled negotiators and seasoned trial attorneys. Contact us today to request a free case evaluation to discuss how we can help you with your personal injury claim.

Surgical errors are preventable mistakes that claim many lives in the United States every year. Facing the prospect of undergoing an operation is frightening enough without having to worry about whether the surgeon will make a mistake that changes or ends your life. The medical community refers to these mistakes as “never events” because they should never happen.

If you or a loved one got harmed because of a surgical error, a South Carolina personal injury attorney could help you pursue the compensation you deserve from the negligent party. This article will cover some of the most common causes of surgical errors.

The Most Common Types of Surgical Errors

There are many types of mistakes a surgeon can make during an operation. Here are five of the most common surgical errors that happen in the United States:

1. Anesthesia mistakes. There is very little margin for error with anesthesia. If the anesthesiologist does not administer enough anesthesia to keep the patient unconscious during the entire procedure, the patient can regain consciousness. When that happens to a patient, they can experience extreme pain and emotional distress. On the other hand, too much anesthesia could cause oxygen deprivation or damage to brain tissue. Sometimes, too much anesthesia can be fatal. 
2. Right patient, wrong procedure. In this situation, the medical charts get mixed up and the surgeon performs the wrong surgery on the patient.
3. Failing to remove all of the foreign objects from the patient’s body. If the operating room is disorganized or the OR staff fails to communicate well, they can lose count of how many objects got used and how many got removed during and at the end of the surgery. Scalpels, gauze, clamps, and other foreign objects can cause infection and pain for the patient.
4. Damage to adjacent organs or tissue. If the surgeon does not have the skill or attention appropriate for the procedure, nearby body parts can get damaged. Nerves can get cut and blood vessels can get punctured or severed.
5. Correct procedure, wrong location. Let’s say that a person has cancer in their left kidney. The surgeon mistakenly removes the right kidney. When that happens, the patient has to undergo dialysis until an organ donor becomes available, because their only healthy kidney got removed by accident. 

These are only a few examples of surgical errors that happen on a daily basis.

What Causes These Surgical Mistakes

Why do people who went through so much schooling and clinical training make such grievous errors? Some of the most common causes of these surgical mistakes include the following:

• The surgeon overreaches their skill level. The surgeon might want to perform procedures that they do not have the ability to execute well and safely. 
• Substance abuse, either drugs or alcohol, can impair the surgeon’s ability to perform surgical tasks correctly. 
• Intense fatigue has been an ongoing problem in the medical field for decades. Understaffing, not getting enough sleep, working multiple jobs, and juggling too many life tasks can render the surgical staff exhausted and sleep deprived.
• When a surgical center or hospital fails to have adequate preoperative and other protocols or does not always follow proper procedures, infections, surgical errors, and other mistakes can happen, to the detriment of the patient.
• Substandard communication before and during surgery can lead to mistakes in operations. 

The doctor and hospital will likely put up an aggressive defense against your medical malpractice claim. A South Carolina personal injury attorney could fight your battles for you so that you can have the time and energy to focus on your recuperation. For help with your case get in touch with our office today.

Personal injury cases include a request for the payment of damages. The money damages requested often include a claim for lost wages. There are several sub-categories of lost wages. This blog will explain the difference between loss of income and loss of earning potential. 

If you got hurt in an accident that was someone else’s fault, you could talk to a South Carolina personal injury attorney to get help with your claim for compensation from the at-fault party. When people hurt others through negligence, they can be liable for the injured person’s losses.

Loss of Income

Loss of income, also called lost wages, is a type of monetary damages people often seek when they miss work after getting injured in an accident. If your boss paid you 100 percent of your usual wages or salary when you were away from the job recuperating from your wounds, you probably do not have a loss. However, many people miss paychecks when they are away from the office.

Let’s say that a person broke their leg in a car collision. They were in the hospital for a week and had to undergo surgery. They were away from the job for three weeks immediately following the accident. They also missed some time from work for follow-up doctor visits and physical therapy appointments.

They did not get paid for their time when away from the office. We can get their payroll records from their employer to prove the financial loss of lost wages. Loss of income can include wages, salary, self-employment income, and other types of regular income. 

Also, when they initially returned to the job, they might have been on restricted duties or restricted hours. If they did not get paid their usual income during that time, we can include that loss in their injury claim.

Loss of Earning Potential

Sometimes, people cannot make as much money after a severe injury as they did before the accident. They might have ongoing problems from their wounds. Chronic pain, loss of strength or endurance, decreased range of motion, and loss of function, are some of the common impairments people can experience after a devastating wound from an accident.

If you had to switch to a lower-paying position or decrease your working hours because of ongoing limitations from your injuries, and your treating physician expects your impairments to continue, you have a loss of earning potential. You do not have the ability to make as much money as you did before you got hurt. This is a recoverable loss if you can document how and why your earnings have changed. 

Other Types of Recoverable Damages in South Carolina Personal Injury Cases

Loss of income and loss of earning potential are only two types of money damages people pursue in a personal injury claim in South Carolina. The types and amount of compensation you could seek in your personal injury claim will depend on your specific circumstances. Some of the common categories of money damages are the cost of your medical treatment, future medical expenses, and pain and suffering.

You can reach out to a South Carolina personal injury attorney for a free initial consultation. There is no obligation. Get in touch with our office today for help with your case.

If you got hurt and it was someone else’s fault, you might have a few questions. It would be impossible to address every question you might have in this one article, but we will answer some of the frequently asked questions about personal injury claims. A South Carolina personal injury attorney can help you hold the at-fault party accountable for your injuries and other losses. 

Do You Have a Personal Injury Claim?

Good question. We will have to prove that the defendant (person we sue or file a claim against) was negligent and that negligence caused the accident that harmed you, to hold the defendant liable. For example, reckless driving is negligent. If the defendant drove unsafely and crashed into you as a result, we could pursue a claim against them for your injuries.

Having a claim for personal injuries on one day might not mean that you have a valid claim on some other day in the future. Things can happen well after the accident that take away your right to seek compensation for your losses.

Is There a Deadline for Taking Legal Action in South Carolina?

Yes, every state limits how much time you have to file a personal injury lawsuit. If you miss the deadline, also called the statute of limitations, you lose the right to go after money damages from the at-fault party. 

Negotiating with the insurance company does not satisfy the statute of limitations. Also, the insurance company will stop negotiating with you after the filing deadline expires because they no longer owe you any money.

How Much Money Can You Get for Your Personal Injury Claim?

Every personal injury case is different, so no one can say how much money you might get for your claim before they talk to you and investigate your situation. Your claim could include things like medical expenses, lost wages, pain and suffering, and other losses.

What Kinds of Personal Injury Claims Are There?

You might have heard about personal injury claims for injuries suffered in motor vehicle accidents and slip-and-fall accidents. There are many other types of personal injury claims, like:

• Products liability, when a defective item causes you harm
• Wrongful death
• Medical malpractice
• Dangerous drugs and medical devices
• Intentional acts, like assault

These are just a few examples, so do not lose heart if your situation is not on this short list. Your personal injury lawyer can talk to you about whether you might have a personal injury claim.

How Can You Afford to Hire a South Carolina Personal Injury Lawyer to Handle Your Claim?

Most lawyers handle personal injury cases on a contingency fee basis, which means that you will not have to pay any upfront legal fees. Your lawyer’s fees will come out of the settlement proceeds or court award. You will get the details of your attorney’s contingency in a written agreement at the beginning of your case.

Do You Really Need a Lawyer for Your Personal Injury Claim?

South Carolina law does not force you to hire a lawyer to handle your case, but doing so can be a smart choice. You will get to rest and recuperate while your attorney does the leg work. Also, having a lawyer on your side can protect you from questionable tactics that the insurance company might try.

You can reach out to your South Carolina personal injury attorney today for a free initial consultation. Contact our office today for help with your case.

So, your personal injury claim has settled and you want to know when you will get your money. Unfortunately, with personal injury cases, you do not walk out of your lawyer’s office with the check on the same day that your case settles. Several processes need to happen before that point.

A Willcox Law Firm attorney can answer your questions, like how long does it take to get a personal injury settlement check in South Carolina? Here are some things you will want to know about the settlement process.

First, the Paperwork

Before the insurance company releases their grip from the settlement money, they will want it in writing that they will have no further liability for any claims arising out of the accident. They will send your lawyer a release and waiver of liability. They might also have you sign a settlement agreement. 

Sometimes, the insurance company will want you to sign away more of your legal rights than you actually have to. This is one of the many reasons why it is a good idea to work with an attorney on your personal injury case.

After you sign the release, you can never come back and ask for more money for your injuries from this accident. It is usually best to complete your medical treatment before signing the release. If you settle too early, you might later find out that you need more medical treatment, which will then have to come out of your own pocket.

It will take some time, possibly a week or two, for the paperwork to get drafted. If there are any disputes about the language contained in the documents, those disagreements could delay the settlement until the parties resolve their differences about the papers. 

Court Approval of the Settlement

In some situations, like an accident in which a minor or incapacitated person got injured, it might be necessary to get the settlement approved by a court. This requirement can add weeks or months to the process, depending on how soon you can get on the court’s docket. 

The Proceeds Check

The insurance company will issue a check made out to you and your attorney. Usually, issuing the check  takes a week or two. You and your lawyer will sign the settlement check, then your lawyer will deposit it into an escrow account. 

Your lawyer will use some of the proceeds to pay liens against the settlement, like any unpaid medical bills, Medicare or Medicaid costs, possible deductibles and co-pays from your health insurance carrier, and liens for delinquent taxes or child support. Your attorney then deducts court costs, litigation expenses like expert witnesses, and legal fees.

The remaining funds get sent to you by your lawyer. If your lawyer’s office is geographically near where you live, you might arrange to pick up your check. Otherwise, the check goes through regular US mail. Your bank might place a temporary hold on the check, depending on the amount and whether the check is written on an out-of-state bank account. 

Time is of the Essence

The defendant’s insurance company might try to drag their heels, because the longer they can hold onto the money, the longer they can make money from their investments of those funds. A Willcox Law Firm attorney will do whatever is possible to prevent the insurance company from unreasonable delays. Get in touch with our office for help with your case, we gladly offer a free consultation.