Top 5 Reasons to Hire a Personal Injury Lawyer

If you’ve been injured in an accident, the prospect of hiring a lawyer can feel like an intimidating task. However, a personal injury attorney can be a valuable ally in your fight for compensation. Getting the money you need for your medical expenses, missed wages, and other losses can set you on the path for healing without having to worry about how you’re going to pay the bills.

People often wonder whether it’s worth the time and effort to find a lawyer. After all, the insurance company has already made you a settlement offer, right? Before you accept, hit the pause button. Here are the top 5 reasons why you need a personal injury attorney:

1. Knowledge of the law. Lawyers narrow their practices to certain areas of the law. If you need a divorce, you go to a divorce lawyer. If you’ve been hurt in an accident, you want a personal injury attorney who understands the unique aspects of handling these types of cases.
2. Contingency fee arrangements: Some lawyers charge hourly fees for their work. Most personal injury attorneys, including Stewart Law Offices, handle cases on a contingency fee basis. That means that the attorney only collects a fee if your case wins. The fee will be deducted as a percentage from the ultimate award. With a contingency fee arrangement, you can rest assured that the attorney is fully invested in the outcome of your case and that you won’t be burdened by cumbersome legal fees while the case is pending.
3. Strong negotiating skills: The vast majority of personal injury claims result in settlements with the insurance company. But no matter how sympathetic they sound, insurance adjusters are not your friends. They are hired to save the insurance company money. How? By convincing you to accept the lowest possible settlement offer. A personal injury lawyer will know the true value of your case and negotiate firmly for a full and fair award.
4. Personalized legal advice: No two injury claims are alike. A personal injury lawyer can look at the facts of your case and tailor the legal approach to meet your specific needs and goals.
5. Free consultations: Just as there’s no cost to hire a personal injury lawyer, there’s no cost to learn whether you have a case. Most injury attorneys offer free initial consultations to prospective clients. That means there is literally nothing to lose by learning your legal options.

When Should I Contact a Personal Injury Lawyer?

There are certain circumstances where you should always call a personal injury lawyer. Reach out as soon as possible if:

• Someone was severely hurt or killed.
• Fault is being disputed.
• The insurance company is refusing to pay your claim.
• You are feeling overwhelmed.

Get Legal Help From Stewart Law Offices Now

Stewart Law Offices exclusively handles injury cases in both Carolinas. In South Carolina, we have locations conveniently located in Rock Hill, Spartanburg, Columbia, and Beaufort. ** You can also meet with our North Carolina personal injury lawyers in Charlotte.

Find support when you need it most. Call or contact us today for a free consultation.

Get More of Your Personal Injury Questions Answered

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Could Workers’ Compensation Help Me If My Husband Died on the Job?

Nothing is more shocking than learning that a spouse is killed in an accident. When the death occurs at work, it is possible for a surviving spouse or other family members to receive workers’ compensation in North Carolina benefits if the accident was job-related. These are called death benefits.

In the aftermath of your loss, the process of applying for death benefits may seem overwhelming. Let a sympathetic workers’ compensation lawyer from Stewart Law Offices help. Death benefits can provide financial security and allow you to grieve without worrying about how you’re going to pay the bills.

Call or contact us today for a private, free consultation with a N.C. workers’ compensation lawyer.

What are Death Benefits?

Death benefits are monies paid to eligible spouses and relatives after losing a loved one from a job-related injury or illness. In North Carolina, death benefits provide:

• Two-thirds of the deceased worker’s annual weekly wage at the time of the accident for 500 weeks
• Burial expenses up to $10,000

There are certain caps depending on the year of death and a minimum of $30 per week. Weekly benefits are adjusted annually by the N.C. Industrial Commission. You can view the current rate chart here.

Who Can Get Death Benefits?

There is an order of priority for who can receive death benefits in North Carolina:

• Benefits are first awarded to those who are “wholly dependent” on the deceased worker. Examples of beneficiaries include spouses, minor children, and others who can prove they were fully dependent on the worker prior to his or her death. In cases where there are multiple parties who are wholly dependent, death benefits are distributed equally to each beneficiary.
• If there are no wholly dependent survivors, then benefits are split between any partially dependent survivors. Death benefits are paid based on the amount of support that the decedent provided to them.
• f there are no whole or partial dependents, death benefits are paid to surviving next of kin in a lump sum.

Under the law, spouses are assumed to be wholly dependent survivors. If you have any questions about your eligibility for death benefits, an experienced workers’ compensation lawyer can help determine whether you qualify.

How Do I Apply for Death Benefits?

Applying for death benefits is a deadline-oriented process. You have 30 days to provide notice of the death, in writing, to the employer. This must be done even if the employer is already aware of the loss. You will need to file a Form 18 — Notice of Accident to Employer with the N.C. Industrial Commission. If your loved one died from an occupational lung condition, such as asbestosis, silicosis, and byssinosis, you will need to file Form 18B instead.

Generally, you have two years from the date of your spouse’s death to apply for benefits.

Get Support from Stewart Law Offices in North Carolina

At Stewart Law Offices, we want to alleviate whatever burdens we can after your husband or wife’s workplace death. Take comfort in knowing that we can handle all aspects of applying for death benefits for you. While we work on submitting the paperwork to the N.C. Industrial Commission, you can focus on what really matters — taking the time to grieve in peace.

A free consultation with our law firm will be concise, confidential, and compassionate. Call or contact us today to get started.

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The Effects of COVID-19 on Workers’ Compensation Claims

The COVID-19 outbreak has had a tremendous impact on the way Americans live and work. There’s still a lot of uncertainty about the long-term implications of the pandemic, including how the virus could affect workers’ compensation claims.

If you were infected by the COVID-19 virus on the job, continue reading or contact Stewart Law Offices today to learn more about whether you could claim workers’ comp benefits for your illness.

How COVID-19 Affects Workers’ Comp by State

A recent study published by the Workers Compensation Research Institute (WCRI) examined the effects of COVID-19 on workers’ comp claims across 27 different states. Researchers compared state-level data from 2019 and 2020 to learn more about the number of COVID-related claims, the number of non-COVID claims, and the variation in both types of claims from state to state.

The WCRI study shows that the impact of the COVID-19 pandemic on workers’ compensation claims has varied widely among states. Data reveal that the rate of COVID-19 claims as a percentage of all workers’ comp claims ranged from as low as one percent in some states to as high as 42 percent in others during the second quarter of 2020. This variation may be due to the differences in the severity of COVID-19 outbreaks and the workers’ compensation laws in each state.

COVID and Workers’ Comp in North Carolina

To claim workers’ comp benefits under the North Carolina Workers’ Compensation Act (NCWCA), employees must demonstrate that:

• Their employment exposed them to a greater degree of risk for contracting COVID-19 than members of the general public.
• Their employment directly caused them to contract COVID-19.

According to the WCRI study, nearly five percent of all paid workers’ comp claims in North Carolina throughout the second quarter of 2020 were COVID-19 claims.

COVID and Workers’ Comp in South Carolina

In South Carolina, the process for claiming workers’ comp benefits for COVID-19 is less clear-cut. While the law allows eligible workers to claim benefits for certain occupational diseases, it’s not currently clear whether COVID-19 will be considered an occupational disease or a non-occupational disease, which would not be covered.

To recover workers’ compensation benefits for contracting work-related COVID-19, it may be necessary to assert that you sustained an “injury by accident.” In this case, you could be eligible for benefits if you can prove that exposure to infected people caused you to contract COVID-19 at work.

According to the WCRI study, only one percent of all paid workers’ comp claims in South Carolina throughout the second quarter of 2020 were COVID-19 claims.

Can I Be Laid Off During the Pandemic While on Workers’ Compensation?

The answer to this question depends on your employer’s reason for the layoff. Every state has a law prohibiting employers from retaliating against workers who request or receive workers’ comp benefits. This means that you can’t be laid off for merely exercising your right to obtain workers’ comp.

However, you could be laid off by your employer for unrelated reasons while you are out of work due to temporary disability from COVID-19. Being covered by workers’ comp does not protect you from being terminated or let go for legitimate reasons.

Contact the Workers’ Compensation Lawyers at Stewart Law Offices Today

If you need a workers’ compensation lawyer in South Carolina or North Carolina, look no further than Stewart Law Offices. We have delivered successful results to clients just like you for more than 25 years. Contact us today to get started with a free case review.

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8 Reasons Why You May Have Lost Your Personal Injury Case

No matter how straightforward your situation may seem, winning a personal injury case is never easy. Without the right personal injury lawyer to advise you, you may have put a lot of time and energy into the case with nothing to show for it. With so much at stake, it’s important to give yourself the best chance at success when you attempt to recover compensation.

If you lost your personal injury case, you may not necessarily be out of options. Keep reading to learn more from Stewart Law Offices.

Why Did I Lose My Personal Injury Case?

There are a number of reasons you may have lost your personal injury case. Some of the most common reasons include:

• Not hiring a lawyer
• Contributory negligence (North Carolina) or comparative negligence laws (South Carolina), which limit your ability to collect compensation based on your percentage of fault for the accident
• Lack of evidence
• Exaggerating your injuries
• Making social media posts or public statements about the accident and/or your injuries
• Hiding pre-existing conditions
• Waiting too long to file your claim
• Missing court dates or other deadlines

Can You Reopen a Personal Injury Lawsuit?

Whether you can reopen a personal injury case depends on several factors, the biggest of which being how the case was resolved. If your case was dismissed, it will be dismissed either with prejudice or without prejudice.

When a case is dismissed with prejudice, it means the court has determined has made a final decision on the merits of your claim and no further legal action can be taken. A case that has been dismissed with prejudice cannot be reopened using the same legal arguments, although it’s possible to appeal the dismissal in a higher court.

A dismissal without prejudice does not reset the statute of limitations, though. If a dismissed case is refiled after the statute of limitations has expired, it will likely be dismissed a final time.

In some personal injury cases, the injured party accepts a settlement before trial, only to see their injuries worsen or find that they did not get as much compensation as they could have. In these situations, the injured party may wish to reopen the case, but they will generally be unable to do so. When a settlement is reached in a personal injury case, the injured party almost always signs a liability waiver giving up their right to file another lawsuit in exchange for the compensation they receive.

Ways You Could Have Won Your Injury Case

Losing a personal injury case stings, but it’s also a learning experience. Here are some things to keep in mind that may have changed the outcome of your case:

• The right attorney can make all the difference, so always choose your personal injury lawyer carefully.
• Get started as soon as possible. The more time you give your attorney to work on your case, the greater the likelihood that he/she will obtain valuable evidence and witness statements to support your claim.
• Stay away from social media.
• Be truthful to your doctor and attorney about the extent of your injuries.
• Follow your doctor’s treatment plan precisely.

Contact Stewart Law Offices Today

If you lost your personal injury case, a lawyer from Stewart Law Offices would be happy to review your case to determine whether you have any other legal options. Get a free consultation today by calling one of our offices or visiting our contact page.

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Workers’ Comp: Frequently Asked Questions

Were you hurt in a workplace accident or diagnosed with an occupational illness? Workers’ compensation laws allow qualifying employees in the Carolinas to receive workers’ compensation benefits while they heal. However, the rules vary from state to state, so it’s important to reach out to an experienced workers’ compensation lawyer to learn how to access all of the benefits you’re entitled to.

Read on for answers or watch the video below to some of the most frequently asked questions from the experienced workers’ comp attorneys at Stewart Law Offices.

What is Workers’ Compensation?

Workers’ compensation is a type of insurance that employers purchase to cover their employees’ medical expenses and lost wages if they suffer a work-related injury or become sick on the job. Disability benefits are also possible through workers’ comp.

What Types of Benefits are Available to Me?

Workers’ compensation benefits in South Carolina and North Carolina can include:

• Medical expenses
• Partial wage replacement
• Disability benefits, including temporary total disability (TTD), temporary partial disability (TPD), permanent partial disability (PPD), and permanent total disability (PTD)
• Vocational rehabilitation
• Disfigurement
• Death benefits

How Do I Know if I am Covered?

A South Carolina business with four or more employees is generally required to carry workers’ comp insurance. That applies to companies with full-time and part-time employees. A few exceptions apply, such as if you are a railroad worker, agricultural employee, and employers with a low annual payroll.

In North Carolina, employees with three or more employees must purchase workers’ compensation insurance or qualify as self-insured employers for the purpose of paying workers’ comp benefits to their employees. Exceptions include railroad workers, casual employees, domestic servants directly employed by the household, certain agricultural workers, and N.C. federal government employees.

If you are unsure of whether you qualify for benefits, check with a workers’ compensation lawyer immediately.

What Should I Do If I’ve Been Hurt?

Report your work injury immediately to your employer and seek medical treatment promptly. There are a variety of workers’ compensation forms that must be completed to get the process underway, and many are subject to specific deadlines. A workers’ compensation lawyer can help you gather and submit the documentation you need.

What Happens If a Claim is Denied?

Both states have an appeals process if your initial workers’ compensation claim is denied. Don’t be surprised if you are denied — many people are. Insurance companies work hard to avoid paying claims to workers, no matter how valid. A strong workers’ compensation attorney can help prepare your appeals and represent you in hearings before the S.C. Workers’ Compensation Commission or N.C. Industrial Commission, depending on your location.

Where Can I Find a Good Workers’ Compensation Lawyer?

If you live in North Carolina or South Carolina, you can count on the workers’ compensation attorneys at Stewart Law Offices to represent you aggressively if you’ve been hurt. We understand how a job injury can bring on sudden hardships for employees, and we strive to resolve disputes efficiently and effectively so that you don’t have to worry while you recover.

To learn more, call or contact us today for a free consultation.

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Questions to Ask a North Carolina Truck Accident Lawyer

If you or a loved one was hurt in a commercial truck accident in North Carolina, it’s normal to have questions. Getting answers as soon as possible is vital so that you can protect your legal rights.

Below, Stewart Law Offices answers some of the most common questions you should ask an attorney about your truck accident claim. For specific advice about your case, call or contact our proven North Carolina truck accident lawyers today for a free consultation.

What Should I Do if I am Involved in a Truck Accident?

The most important steps to take after a truck accident include:

• Report the accident, as required by state law.
• Exchange insurance and contact information for all drivers involved in the wreck.
• Obtain names and contact information for any witnesses.
• Document the accident scene by taking pictures of the vehicles, your injuries, and any evidence you believe could be relevant to your claim.
• Seek immediate medical attention, even if you do not feel hurt.
• Call a North Carolina truck accident lawyer for a free consultation. An attorney can also help you notify your auto insurance company and begin the claims process for you.

If you were seriously injured after the truck accident, you may not have had time to follow all of these steps. That’s OK. An experienced lawyer can help pick up the pieces.

What Should I Do if an Insurance Adjuster Contacts Me?

An insurance adjuster for the liable party will likely contact you soon after the accident. When they do, it is best to say as little as possible and direct them to your truck accident lawyer. The adjuster may take anything you say out of context to try and prove that you were partially at fault for the crash. If they succeed, you could lose your right to any compensation based on North Carolina’s harsh contributory negligence laws.

How Long Will It Take to Resolve My Truck Accident Claim?

No one can say with certainty how long your truck accident claim will take. The length of time will largely depend on the severity of your injuries so you know how much to claim in damages.

The amount of time it takes to conduct an investigation and collect evidence will also affect the timeline of your claim. If negotiations with the insurance company are successful, a truck accident claim may take several months. However, when insurers and other liable parties refuse to offer a fair settlement, you may have to file a lawsuit, which can take years. Your truck accident lawyer will advise you of all possibilities given the facts of your case.

How Much Is My Case Worth?

Just as no one can determine how long your truck accident claim will take, it is also impossible to determine how much a specific case is worth. However, there are some factors you can use to approximate the damages you will receive. These include:

• Your past and future medical costs
• Lost income
• Lost earning potential
• Pain and suffering
• The severity of your injury and whether you suffered any disabilities

In some cases, punitive damages are also available when the liable party acted with gross negligence.

How Do I Know if I Need a North Carolina Truck Accident Lawyer?

Most truck accident victims need the help of a truck accident lawyer in North Carolina. Unlike the majority of car accidents, truck accidents may involve more than one liable party, not just the truck driver. An attorney can investigate your case to identify every defendant and give you the best possible chance of recovering full and fair compensation.

Talk to a N.C. Semi-Truck Accident Lawyer Today

Stewart Law Offices is a respected North Carolina personal injury law firm with decades of experience representing injured people just like you. Call us today or fill out our online form to schedule a free consultation with a skilled truck accident attorney.

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Tips for Winning Your Truck Accident Case

Truck accident cases are complicated, and a lot of work goes into building a strong and successful claim. Working with a South Carolina truck accident lawyer is the best strategy to maximize your case for compensation. However, there are other steps you can take to help your case.

Read on for tips on how to build a winning truck accident claim from Stewart Law Offices.

What to Do After a Truck Accident

The actions you take after a truck accident can help or hurt your claim. Follow these steps to protect your rights to compensation:

• Report the crash to get law enforcement on the accident scene.
• Seek medical attention immediately.
• Take pictures and video of the scene.
• Exchange information with all parties involved.

Collect names and contact information of any witnesses.

Contact a truck accident lawyer to learn your legal options.

What to Say After a Truck Accident

Be careful about what you say after a truck accident. You need to answer the investigating officer’s questions simply and truthfully. Do not admit fault or even apologize for the crash. Anything you say could be used against you by the insurance company.

You’ll likely be contacted by the insurance company from the at-fault party soon after the wreck. Do not discuss the accident or give a recorded statement. Instead, politely inform the insurance representative that you will be working with a truck accident lawyer and that the attorney will contact them shortly.

What to Bring When You Meet Your Truck Accident Lawyer

Your lawyer will need certain documentation to understand how the crash occurred and the extent of your injuries. The most important documents to bring include:

• The police accident report
• Medical records
• Bills or receipts for any accident-related expenses that you have paid
• Pay stubs to document lost wages
• Photos of your injuries
• A pain journal documenting how your injuries have impacted your life

Bring anything that you think can help explain what happened and who should be held liable. Your attorney can organize and collect the key information needed to get started on your case.

Proving Negligence After a Truck Accident

To receive compensation in a truck accident, you need to show that you were hurt and that the at-fault party’s actions (or failure to act) caused your injuries.

The process begins by identifying who should be held liable for the wreck. In truck accident cases, there could be multiple parties who are to blame. Examples include the truck driver, trucking company, truck owner, mechanics, repair companies, cargo loaders, and parts manufacturers. There may be other potential defendants in your case as well, such as other drivers or government entities. A lawyer will be able to determine liability for you.

Getting Evidence for a Truck Accident Claim

To prove negligence, you need solid evidence, such as:

• Medical records
• The police report
• Black box data from the truck
• The driver’s logbook
• Pictures and video footage
• Inspection and maintenance records
• Eyewitness testimony

After examining the facts of the case, a truck accident lawyer will know what evidence is necessary to best support your claim.

Truck Accident Statute of Limitations in South Carolina

In South Carolina, you have three years from the date of the truck accident to file your claim. If your claim is not filed within this time, you will likely be barred from receiving any compensation.

Knowing When to Take Your Claim to Court

Insurance companies and trucking companies are notorious for denying fault and trying to minimize the amount of compensation you deserve. When they refuse to pay full and fair damages, you have the option of taking your claim to court. A lawyer will advise when negotiations have come to an end and whether trial is the next logical step.

How Stewart Law Offices Can Help You Win Your Truck Accident Case

The best tip for winning your truck accident case is to work with an experienced attorney. At Stewart Law Offices, our South Carolina truck accident lawyers know the tricks insurers use to reduce or deny victims the compensation they deserve. We won’t let them get away with it.

Call or contact us online for a free consultation.

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Problems That Make Commercial Trucking a Public Hazard in North Carolina

Commercial trucks are vital to the North Carolina economy. They transport crucial cargo such as food, medical supplies, and other goods and materials throughout the state and beyond. While we need these trucks on the road, we also need to count on the trucking companies and the drivers they employ to be responsible. If a truck is not adequately maintained, if the cargo is not properly loaded, or if the driver is negligent in any way, others on the road are at risk of severe injury or death.

If you’ve been injured in a commercial trucking accident in North Carolina, contact Stewart Law Offices today for a free consultation. Truck accidents are complex and can involve negligence on the part of the truck driver, the trucking company, the truck manufacturer, the cargo loader, and others. Starting an investigation promptly can improve your chances of securing full and fair compensation for your injuries.

A proven N.C. truck accident attorney from Stewart Law Offices can help you immediately. Call or contact us for your free case review.

Trucking Industry Safety Standards

The Federal Motor Carrier Safety Administration (FMCSA) creates rules governing large trucks and buses. This agency issues regulations for truck drivers, trucking manufacturers, and trucking companies. Some states also adopt state-specific requirements for commercial motor vehicles.

Trucking industry safety standards apply to trucks with a GVWR (gross vehicle weight rating) of 10,001 pounds or more. Additional safety standards apply to specific vehicles, such as tractor-trailers, garbage trucks, and tanker trucks weighing above 26,001 pounds. Other specific criteria apply to trucks carrying hazardous materials and vehicles carrying passengers, such as limousines and buses.

FMCSA regulations help ensure commercial truck drivers are properly trained and are also medically and physically qualified to operate large vehicles safely. Specific provisions detail drug and alcohol testing requirements to avoid driver impairment. FMCSA also limits truck drivers’ allowable hours behind the wheel to combat fatigue and prevent drowsy driving accidents.

Common Causes of Commercial Trucking Accidents

Commercial truck accidents happen for many of the same reasons that car crashes do, but the resulting injuries and damages can be much greater. Common causes of truck accidents in North Carolina include:

• Driver distraction
• Speeding
• Failure to yield
• Driver impairment
• Driver fatigue
• Reckless driving, such as tailgating or running stop signs or red lights
• Mechanical problems, such as tire or brake issues

Driver distraction or inattention has become one of the leading causes of commercial truck accidents. Many truck drivers use cell phones, not only for communicating but also for navigating and messaging. When pressed for time, truck drivers can also be distracted by eating and drinking while driving.

Regardless of the cause, truck accidents are vastly more complicated than car accidents. You need an experienced law firm with the resources to thoroughly investigate the cause of the accident to prove fault and build a solid case for full compensation.

Hire a Qualified Attorney Today

If you were injured in a truck accident in North Carolina, the knowledgeable N.C. truck accident attorneys at Stewart Law Offices have the training, experience, and resources to seek compensation for the losses you have suffered.

Call or contact us today for your free consultation

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