Category: Personal Injury

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.

The settlement papers are signed. Your case is finally resolved. But instead of a check in your hand, you are staring at a mailbox, waiting. Many clients in South Carolina receive their settlement checks within 6 to 8 weeks after reaching a settlement. Several steps must happen between the executed agreement and the deposit, and each one adds time to the clock. A South Carolina personal injury attorney at Willcox, Buyck & Williams, PA can keep that timeline on track, resolve liens, and make sure you receive every dollar you are owed.

What Happens After You Sign the Settlement Agreement?

Both parties must sign the settlement agreement before a check can be issued. The settlement agreement lays out the payment terms, including the total settlement amount and any conditions. After the settlement agreement is signed, it is sent to the insurance company for processing. This stage generally takes two to three weeks as the insurer ensures all legal requirements are met.

The process from signed agreement to money in your account generally follows these steps:

1. Release of claims.

You sign a release, which is a legal document that releases the defendant from further liability for negligence related to your accident and injuries.

2. Insurance company processing.

Insurance companies typically process and issue checks within 30 days after the release, though no strict statutory deadline exists.

3. Deposit into trust account.

Once processing is completed, the insurance company closes the claim and forwards the check to your attorney, where it is deposited into a special escrow account and held in trust until it clears.

4. Lien resolution and disbursement.

Your attorney will deduct legal fees, case expenses, and any outstanding medical bills or liens related to your case before issuing you the final settlement check.

The total timeline from settlement agreement to receiving your money is typically 3 to 12 weeks, depending on lien complexity. Your attorney should provide a detailed accounting of every deduction before issuing a check for the net proceeds.

Why Is My Settlement Check Taking So Long?

Several factors can push that 6-to-8-week estimate further out. Understanding these potential delays can help you plan your finances and avoid unnecessary stress while you wait.

Outstanding Medical Liens

Hospitals, doctors, and medical providers who treated your injuries may have legal claims to settlement funds for unpaid bills, and your health insurance company may also seek reimbursement for medical expenses it covered.

If your Myrtle Beach or Florence personal injury case involves multiple medical providers, lien negotiations can take the longest. Private medical liens may require extensive negotiation, and cases involving numerous medical providers, health insurance companies, and government programs require individual negotiations with each lien holder, extending the timeline.

Government Program Reimbursements

Liens from Medicare, Medicaid, or the VA often require formal government approval before settlement funds can be released, adding several weeks to the payment timeline.

High-value or Complex Cases

When an insurance company issues a large check, it may take extra time to verify all the details and ensure that all the paperwork and documents are in order.

Paperwork Errors

Mistakes in legal documents can cause delays. Even small discrepancies in names, dates, or amounts can require corrections before the insurer will release funds.

Can I Track My Settlement Check in South Carolina?

One of the most common questions injury victims in Florence and Myrtle Beach ask is whether they can check the status of their payment. The short answer is yes. You can contact your attorney at any time to get an update.

Your attorney serves as the main point of contact between you and the insurance company throughout this process. They can confirm whether the insurer has mailed the check, whether it has been deposited and is clearing, and whether any liens still need resolution. Some law firms can distribute settlement funds via wire transfer or electronic payment once the check clears, which is faster than mailing a paper check. Ask your attorney about electronic disbursement options to speed up the final step.

South Carolina law requires insurers to handle claims promptly and in good faith. An insurer must adopt and implement reasonable standards for the prompt investigation and settlement of claims, promptly respond to an insured’s claim, and attempt in good faith to effect a prompt, fair, and equitable settlement. If an insurance company is dragging its feet after you have signed the release, your attorney can apply pressure and, if necessary, take legal action to enforce the settlement terms.

Why Rushing Your Settlement Can Cost You

It is natural to want your money as fast as possible, especially with medical bills piling up. But settling your South Carolina personal injury case too quickly can leave significant compensation on the table. It is generally advised not to settle a claim until you have reached maximum medical improvement (MMI), the point where your condition has stabilized, because settling before reaching MMI could mean forfeiting your right to additional compensation if unforeseen complications arise later.

South Carolina follows a modified comparative negligence rule that can affect your total recovery. Under South Carolina’s modified comparative negligence rule, victims can recover compensation if they are 50 percent or less at fault for the accident, but their recoverable compensation is reduced by a percentage equal to their degree of fault. Insurance adjusters may try to exploit this standard by shifting blame onto you, which makes it especially important to have experienced legal representation before accepting any offer.

You also need to be mindful of the filing deadline. Under South Carolina law (S.C. Code 15-3-530(5)), personal injury claims must generally be filed within three years from the date the injury occurred or the date it reasonably should have been discovered. While three years may sound like a long window, waiting too long weakens your evidence and gives insurers leverage to dispute your claim.

Talk to a South Carolina Personal Injury Attorney Today

Waiting for a settlement check should not mean waiting in the dark. The attorneys at Willcox, Buyck & Williams, PA have been serving South Carolina families from Florence and Myrtle Beach for over 125 years, and we work to move the disbursement process forward as efficiently as possible. If you have questions about your settlement timeline or need help pursuing the compensation you deserve, contact our office by phone or through our website to speak with an attorney.

The value of your claim depends on the severity of your injuries, the cost of your past and future medical care, your lost income, pain and suffering, and the share of fault assigned to each party. After more than a century of representing injured South Carolinians, our Florence personal injury attorneys at Willcox, Buyck & Williams, P.A. work with medical and financial experts to value every category of loss and fight for the full compensation you deserve.

What Determines the Value of a Personal Injury Case in South Carolina?

The value of a South Carolina personal injury case is generally calculated by adding up your economic damages and non-economic damages, then adjusting for fault. The main factors are:

• Past and future medical expenses
• Lost wages and diminished earning capacity
• Pain and suffering and emotional distress
• The severity of your injuries, including whether you sustained permanent impairments
• Out-of-pocket expenses, including personal care and travel to medical appointments
• Property damage
• The percentage of fault assigned to you under South Carolina’s comparative negligence rule
• The amount of insurance coverage available to pay the claim

Because each of these factors is unique to your accident, an experienced attorney is in the best position to estimate what your case may actually be worth.

How Do Past Medical Expenses Affect My Settlement?

The medical bills you have already incurred are usually the foundation of any personal injury settlement. A claim involving thousands of dollars in emergency room visits, surgeries, imaging, prescriptions, and physical therapy will almost always be valued higher than one involving minor treatment.

Keep every bill, receipt, and explanation of benefits. Insurance adjusters look for gaps in treatment as a reason to reduce your offer, so consistent documentation from the day of the accident forward is essential.

Can I Recover Money for Future Medical Treatment?

Yes. If your treating physician believes you will need ongoing care, those anticipated costs can be added to your claim. Future medical expenses may include:

• Additional surgeries or follow-up procedures
• Long-term physical or occupational therapy
• Prescription medications and pain management
• Assistive devices, home modifications, or in-home care
• Mental health treatment for trauma or depression linked to the accident

To recover future medical costs, your treating physician or a medical expert must support those anticipated needs with competent evidence. These damages cannot be speculative.

As a general rule, do not settle until you have completed your prescribed treatment or reached maximum medical improvement. Settling before you have reached maximum medical improvement may result in a settlement that doesn’t fully account for your future medical needs, costs you’ll have to absorb out of pocket with no further recourse against the at-fault party.

How Are Lost Wages and Diminished Earning Capacity Calculated?

Lost wages cover the paychecks you missed while recovering, attending medical appointments, or undergoing surgery and rehabilitation. They are usually calculated by multiplying your hourly or salaried rate by the time you were unable to work.

Diminished earning capacity is different. It addresses the long-term financial impact when your injuries permanently reduce what you can earn going forward. You may need to take a lower-paying job, work fewer hours, or leave your field altogether. Vocational and economic experts can help quantify that loss over the rest of your working life.

What is Pain and Suffering Worth in a South Carolina Personal Injury Claim?

Pain and suffering refers to the physical pain and emotional distress caused by your injuries and the disruption to your daily life. Unlike medical bills, there is no set formula for valuing it. Insurers and juries weigh factors such as:

• The severity and duration of your physical pain
• The permanence of any disability or scarring
• Emotional consequences, including anxiety, depression, or PTSD
• How the injury has affected relationships, hobbies, and daily activities

Other intangible losses, such as disfigurement from burns or visible scars, can also be compensated. Together, these are called non-economic damages, and they can make up a substantial portion of your overall recovery.

How Does South Carolina’s Comparative Negligence Rule Affect My Case?

South Carolina follows a modified comparative negligence rule that allows you to recover damages as long as you are not more than 50 percent at fault for the accident. If you are 51 percent or more responsible, you cannot recover anything. 

If you are 50 percent or less at fault, your compensation is reduced by your percentage of fault. For example, if a jury awards you $100,000 but finds you 20 percent at fault, your recovery is reduced to $80,000. Insurance adjusters often try to inflate your share of blame, which is one of the most important reasons to have legal representation early.

In cases with multiple at-fault parties, the jury may also apportion fault among defendants and other parties, which can affect how much you recover from each.

How Long Do I Have to File a Personal Injury Claim in South Carolina?

Most South Carolina personal injury lawsuits must be filed within three years of the injury or, in some cases, within three years of when the injury was or reasonably should have been discovered. An attorney can advise which deadline applies to your specific situation. Wrongful death claims also carry a three-year deadline, measured from the date of death. 

Claims against state or local government entities are subject to a shorter deadline under the South Carolina Tort Claims Act, two years, rather than the standard three, and may involve additional procedural requirements. An attorney should be consulted immediately if a government entity may be involved.

Missing the deadline almost always means losing your right to recover compensation, no matter how strong your case. The sooner you speak with a lawyer, the more time we have to investigate, preserve evidence, and build the strongest possible claim.

How Does Insurance Coverage Limit What I Can Recover?

No matter what your case is worth on paper, you can usually only recover up to the available insurance limits, unless the at-fault party has significant personal assets. That is why we look at every potential source of coverage, including:

• The at-fault driver’s liability policy
• Your own underinsured motorist (UIM) coverage, which applies when the at-fault driver’s liability limits are insufficient to cover your damages
• Uninsured motorist (UM) coverage, which applies when the at-fault driver carried no insurance at all, including hit-and-run cases
• Umbrella or excess policies held by either party
• Commercial policies if a business vehicle or employee was involved

Identifying every available policy can dramatically increase the value of your recovery.

Talk to a South Carolina Personal Injury Attorney Today

Every case is different, and the only way to know what yours is truly worth is to have it evaluated by an experienced attorney. Contact Willcox, Buyck & Williams, P.A. with offices in Florence and Myrtle Beach for a free, no-obligation consultation. We will review your case, explain your options, and fight for the full compensation you deserve.

If you’re injured in an accident, you may be entitled to certain damages that aren’t strictly economic. These are known as non-economic damages, and they can help compensate you for the pain and suffering you experience as a result of your injury. 

Non-economic damages can vary depending on the case but may include compensation for physical or emotional damage, loss of consortium, or pain and suffering. If you’ve been injured in an accident, it’s important to understand your rights and what types of damages you may be eligible for. Our South Carolina personal injury attorney goes into more detail about non-economic damages.

What Are Non-Economic Damages And What Do They Include?

Non-economic damages are damages that are not related to financial loss. This means they cannot be easily calculated like medical bills or lost wages. 

Instead, non-economic damages are intended to compensate an injured person for more intangible losses. Non-economic damages may include: 

• Pain
• Fear of loss, illness, or injury
• Suffering
• Physical impairment
• Inconvenience
• Disfigurement
• Injury to reputation
• Humiliation
• Mental anguish
• Loss of enjoyment of life
• Emotional distress
• Loss of consortium (companionship of a spouse)
• Loss of society and companionship

How Can You Calculate Non-Economic Damages in a Personal Injury Case?

In South Carolina, there is no set formula for calculating non-economic damages. Instead, jurors are given wide discretion to award whatever amount they believe is fair, based on the evidence presented at trial. This can make it very difficult to predict the outcome of a personal injury case, as the jury’s decision may be based on factors that are difficult to quantify. 

However, an experienced personal injury attorney will be able to help you build a strong case for non-economic damages and ensure that you are compensated fully for your injuries.

Why Are Non-Economic Damages Important in Personal Injury Cases?

Non-economic damages are important in South Carolina personal injury cases because they compensate the victim for non-financial losses such as pain and suffering, emotional distress, and loss of enjoyment of life. These types of damages are harder to quantify than economic damages, but they can be just as significant. A personal injury can profoundly impact every aspect of a victim’s life, and non-economic damages help to recognize that fact. For many people, non-economic damages are the most important part of a personal injury settlement or verdict. They provide a measure of justice that is difficult to put a price tag on.

How Can an Injured Person Ensure That Their Interests Are Protected When Pursuing Non-Economic Damages in a Personal Injury Case?

When pursuing non-economic damages in a personal injury case, it is important to take steps to protect your interests. This includes keeping detailed records of the ways in which your injuries have affected your life and working with an experienced personal injury attorney who can help you build a strong case for compensation. By taking these steps, you can increase your chances of recovering the full extent of the damages that you are entitled to.

If you have been injured due to another person’s negligence, you may never be made whole, but we can help minimize the financial impact your injuries may cause. Contact us today for a free consult.

If you settled your personal injury claim or lawsuit, you might think that you get to walk away with the settlement check, but the truth is that you might have to pay other parties some of that money. For example, if there is an ERISA health insurance lien on your personal injury case, you will have to address that claim and possibly pay the lienholder part of your settlement proceeds.

ERISA liens are complicated and not something you would want to ignore or try to tackle on your own. A South Carolina personal injury attorney can evaluate your situation and offer guidance about whether the lien is valid. Let’s talk about the impacts an ERISA lien can have on your personal injury settlement.

An Overview of ERISA and ERISA Health Liens

ERISA is the Employee Retirement Income Security Act. Most people think of their employer-sponsored retirement plans when they hear the name ERISA, but this federal legislation can also apply to health plans some people have through their work. Not all health insurance plans people have through their employers have the potential for ERISA health liens.

If your employer offers self-funded health care coverage, the employer sets up a trust account from which it pays the medical bills of its employees directly to the health care providers. Self-funded health care plans are not the same as group health insurance plans. If your place of work participates in a group health insurance plan, you pay a portion of the premium, and your employer pays the rest of the premium to an insurance company like UnitedHealth Group or Humana. 

On the other hand, if your employer has a self-funded health care plan, it might fall under the rules of ERISA. If an ERISA health care plan paid the medical bills that were a part of your personal injury case, ERISA might require you to pay back the employer out of your settlement.

How to Challenge an ERISA Health Lien on Your Settlement

There are several factors that are relevant to whether ERISA will require you to pay back your health care plan out of your personal injury settlement. If your health care plan does not fall under the ERISA rules, your employer cannot use ERISA to force you to give them some of your settlement proceeds. 

These challenges are sophisticated legal strategies that you do not want to take on as a DIY project. With so much at stake, you will want to work with a personal injury attorney to see if you can challenge the ERISA lien.

If your employer’s health plan is not self-funded, you might not have to reimburse them for those medical bills. Also, the rules could be different if you work for the government or a large employer. 

Even if you have to pay back some of the medical costs, we might be able to limit the amount of the reimbursement by things like attorney’s fees and the fact that your settlement might include damages for other things, not just medical bills.

A South Carolina personal injury attorney can fight for you to keep as much of your personal injury settlement as possible if your case has an ERISA lien. Contact our office today for legal assistance.

Assumption of the risk is a doctrine that can shield the defendant from liability if the plaintiff knowingly took risks. This doctrine is the law’s version of the concept that “you knew what you were getting into.”

Assumption of risk frequently comes into play in personal injury lawsuits after someone gets hurt while engaging in risky conduct. If the defendant in your personal injury case raises the defense of assumption of risk, you will want to talk with a South Carolina personal injury attorney to protect your right to go after money damages for your losses.

Express and Implied Assumption of Risk

There are two types of assumptions of risk that come into play as defenses in personal injury cases. These kinds of assumptions of risk are:

• Express assumption of risk. With this type of assumption of risk, the individual either made a verbal statement that they understood the risk, or they signed some type of paper, like a waiver of liability.
• Implied assumption of risk means that the person acted in a way that an onlooker would assume indicated voluntary participation in an activity with an understanding of the inherent risk.

Either express or implied assumption of risk can be a valid defense to a personal injury claim or lawsuit. Assumption of risk gets evaluated on a case-by-case basis and will turn on the facts of the situation.

Situations That Can Involve Assumption of Risk

It can help to understand the doctrine of assumption of risk if you explore several examples of situations in which this defense gets raised. 

• Attending a sporting event. When you attend a sporting event, the back of your ticket might contain legalese that says that by attending the event, you assume the risk of injury. Very few people actually read this disclaimer, much less understand or agree to its terms.
• Participating in sports. People who participate in sports, particularly contact sports, usually understand that there is a risk of injury. That assumption of the risk is for standard conduct on the part of other players, as opposed to a member of the other team pulling out a gun and shooting them.
• Fight club. Someone who voluntarily participates in an activity like a fight club or sparring at a legal boxing club will need to show extraordinary circumstances to defeat the assumption of the risk doctrine.
• Exercising at a fitness club. Working out at a fitness club can involve certain risks, like strains, sprains, back injuries, and medical emergencies like a heart attack. When the injury the plaintiff suffers is because of negligence on the part of the fitness club, however, the club cannot excuse the conduct by claiming assumption of the risk.
• Street racing. Similar to voluntarily participating in a fight club, street racing is inherently dangerous. The conduct of the defendant must be particularly egregious to subject him to liability for personal injury.

A South Carolina Personal Injury Attorney could advocate for you if you got hurt because of someone else’s negligence, who then claims the defense of assumption of risk. Contact our office today for a free consultation.