Can Passengers File a Claim If Injured in a Car Accident?

If you were injured as a passenger in a car accident, you have the right to file a personal injury claim against the at-fault driver, in the same way you would if you had been driving. Several insurance policies may be available to help pay for your damages, including your medical expenses, lost wages, and pain and suffering. Below, we discuss passenger rights and your potential options for recovery.

What Insurance Covers You

Several insurance policies may potentially cover you as an injured passenger, including:

• Personal Injury Protection (PIP) – PIP covers medical bills and lost wages, regardless of who is at fault. 
• Medical Payment (MedPay) – MedPay covers medical expenses following a car accident, regardless of who is at fault. 
• Bodily Injury Coverage – Bodily injury coverage is liability insurance. The at-fault driver’s liability insurance pays for the damages their insured’s negligence causes. Every driver must carry at least $25,000 in bodily injury liability coverage.  
• Uninsured Motorist Coverage – If the at-fault party does not have any insurance, you may have uninsured motorist coverage as part of your own insurance policy that can help cover your expenses.
• Underinsured Motorist Coverage – If the at-fault party has some insurance but it is not enough to fully cover your damages, you can file a claim with your underinsured motorist coverage, if you have any.
• Health Insurance – You can use your own health insurance for treatment. You may have to reimburse the health insurance company out of any settlement you receive, but it can still save you money to initially use your health insurance because insurance companies negotiate lower treatment costs with providers. Additionally, a South Carolina car accident lawyer can help negotiate down medical liens so that you keep more money in your pocket after your case settles.

Whom to File a Claim Against

You generally file a claim against the at-fault driver. That may be the driver of the car you were in, the driver of the other vehicle, or both. If you are not sure who was at fault for the accident or your claim involves disputed liability, you can file a claim against any party you believe was partially at fault. Under joint tortfeasor liability principles, each party is responsible for their percentage of fault in an accident. 

For PIP and MedPay, both of which are no-fault policies, you can file a claim with your own insurance or the insurance that covered the vehicle you were traveling in at the time of the accident.

If the at-fault driver does not have insurance or enough insurance to cover your damages, you can file a claim with your own insurance. 

How Stewart Law Offices Can Help

If you were injured in a motor vehicle accident, a South Carolina car accident lawyer from Stewart Law Offices can help. We can assist you with filing your claim, investigate the accident to determine all potential sources of insurance and compensation, and help you seek full and fair recovery. Contact us today for your free consultation.

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North and South Carolina Personal Injury Lawyer Fees, Explained

One of the most common questions our personal injury law firm receives is “How much will my case cost?” Often, there is not a specific number that our personal injury lawyers can give you right away because the answer is complicated and every case is different. The fee may depend on several factors. Below, we discuss everything you need to know about personal injury fees.

Contingency Fee Explained

At Stewart Law Offices, we handle personal injury cases on a contingency fee basis. This arrangement lets us provide experienced legal support to clients without charging them any fees upfront. Payment for our time and services is only due upon your recovery. So, if there is no recovery, there is no fee.

Our fees are paid as a percentage of any recovery we make on your behalf. For example, if we charge a contingency fee of one-third and we recover $100,000 for you, our contingency fee would be $33,333. We are then reimbursed for any money our firm paid for costs on your behalf, such as filing fees, court reporter fees, or expert witness fees.

While you might be worried about the cost of hiring a personal injury lawyer, remember that you do not have to pay anything upfront. If we do not recover money on your behalf, you will not owe money for any attorney fees. Additionally, we will explain how we can maximize your personal injury settlement so that more money is left in your pocket at the end of your case. This arrangement lets you get the benefit of experienced legal representation while minimizing any financial risk on your part.

We explain more information about our fees here. We also discuss our fee agreements to prospective clients during our no-cost, no-obligation initial consultation.

Rules For Setting Fees

South and North Carolina personal injury lawyers must follow specific rules for setting their fees, known as the Rules of Professional Conduct and established by the state bar. These rules describe types of fee arrangements, what types of fees can be collected, and how they are collected. They also set out factors that should be considered in setting attorney fees, such as:

• The lawyer’s skill and experience
• The novelty or difficulty of the issues involved
• The complexity of the case
• What other attorneys in the area charge for similar services
• How long the rendered legal services are expected to take
• Whether taking the case will preclude the lawyer from taking other cases
• The amount involved and the results obtained

A lawyer may charge a different amount based on how the case is ultimately resolved. For example, if a case is resolved through an injury case settlement, there may be a lower fee than if the case involves a personal injury lawsuit because litigation can be more complex and time-consuming.

Contact Stewart Law Offices Today

At Stewart Law Offices, we believe in transparency in our representation and fee structure. We put all fee agreements in writing and can also discuss them during your initial consultation. Contact us today to learn more and to speak with a knowledgeable personal injury lawyer about your case.

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Frequently Asked Questions About Boating Accidents

South Carolina has more than 8,000 miles of river, 460,000 acres of lakes, and 3,000 miles of coastline, according to South Carolina’s Department of Natural Resources. This landscape makes it perfect for boating, which many individuals and families enjoy. However, this also makes it a prime location for boating accidents.

At Stewart Law Offices, we receive a lot of questions about boating accidents. Here are the most frequently asked questions about boating accidents and their answers.

How Common Are Boating Accidents?

The U.S. Coast Guard reports the following statistics about recreational boating accidents that occurred throughout the country in the most recent year for which data is available:

• 4,168 accidents
• 613 deaths
• 2,559 injuries
• $55 million in property damage

North Carolina accounted for 128 of these accidents and 16 fatalities.

South Carolina was responsible for 141 accidents and 15 fatalities.

Who Is Liable for a Boating Accident?

Like with other motorized vehicle accidents, a negligent operator of a boat is usually liable for boating accidents. However, there are some situations when other parties may be responsible for accidents, such as:

• Employers – An employer can be responsible if an employee is operating a boat negligently while working.
• Manufacturers – If a boat or boat component is defective, the manufacturer may be responsible.
• Government – In some instances, the government responsible for maintaining navigable waters may be responsible for accidents, such as when failing to warn boat operators of dangers or if a government worker negligently navigated a boat.

 What Are the Most Common Causes of Boating Accidents?

According to the U.S. Coast Guard, the five primary contributing factors of boating accidents are:

• Operator inattention
• Improper lookout
• Operator inexperience
• Excessive speed
• Alcohol

Other common causes of boating accidents include:

• Machinery failure
• Defective equipment
• Propeller problems
• Navigation rules violations
• Restricted vision
• Failure to vent
• Sharp turn
• Drug use
• Hazardous waters

How Do I Receive Compensation for a Boating Accident Injury?

You can work with a boating injury lawyer to investigate your accident and collect evidence regarding the defendant’s negligence. A boating lawyer can also identify all potential sources of compensation.

What Is the Deadline to Make a Claim for Boating Accidents?

Each state has a deadline to file certain types of legal actions. This is known as the statute of limitations. The statute of limitations in South Carolina is three years for personal injuries. The statute of limitations for personal injury claims in North Carolina is also three years.

What Are Some Major Laws Surrounding Boating Accidents?

Boat operators in South Carolina must follow strict rules surrounding the safe operation of boats. If they violate these laws, they may be subject to fines, the revocation of their boating license, and even jail time. Some South Carolina boating regulations include:

• Operators cannot operate a boat under the influence of drugs or alcohol.
• Each boat must contain one U.S. Coast Guard-approved wearable personal flotation device for each person on board.
• Boats must use navigation lights between sunset and sunrise.
• Operators cannot exceed idle speed within 50 feet of an anchored vessel, dock, wharf, pier, or person in the water. Additionally, operators cannot exceed idle speed within 100 yards of the Atlantic coastline.
• Boats operated in coastal waters must carry flares.
• Operators must report any accident that results in the loss of life, injury, unconsciousness, or medical treatment to the Department of Natural Resources.
• Boats must carry a sound-producing device or bell and whistle, depending on the size of boat.

Contact Stewart Law Offices for Help with Your Boating Accident

If you or a loved one was injured in a boating accident, do not hesitate to reach out to the experienced boating lawyers from Stewart Law Offices. We can investigate your claim and identify all potential sources of compensation. We do not collect any attorney fees unless we successfully recover compensation on your behalf. Contact us today to get started.

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Common Swimming Pool Injuries

According to Stanford Children’s Health, approximately 830 children ages 14 and under drown each year. Drowning is the second leading cause of unintentional death for children between the ages of 1 and 4 and 10 and 14. About 3,600 injuries occur each year because of a near-drowning incident.

While swimming can be a fun activity and a great form of exercise, it can also lead to tragedy when people aren’t careful.

Common Swimming Pool Injuries and Deaths

Some of the most common causes of swimming pool deaths and swim injuries include:

• Drowning – If a person is submerged under water and suffocates, it is considered a drowning if a death occurs within the first 24 hours after submersion.
• Near drowning – In a near-drowning accident, the victim survives after the 24-hour window of submersion.
• Entrapment – Entrapment occurs when a suction force causes a person’s body, hair, or clothing to get entangled in the pool. Pool drain deaths are tragically far too common. Entrapment can also occur because of pool toys.
• Diving injuries – A common cause of swimming injuries is diving into shallow water or diving injuries caused by malfunctioning diving boards. These accidents can cause serious head injuries or paralysis.
• Pool slide injuries – Injuries can occur on pool slides when people fall off of them, go down headfirst, or are dropped into shallow water.
• Slips and falls – Some poolside accidents occur when people slip and fall on the ground surrounding the pool.
• Electrical burns and injuries – Electrical defects and malfunctioning electrical systems can have dangerous consequences when combined with a water supply.

 Swimming Pool Owner Law

Property owners, whether public or private, are responsible for keeping their pool in a safe condition. Pool owners know that children may be tempted to swim in their pool, so they are responsible for taking proactive measures to prevent children from coming uninvited onto their property and using the pool without their permission. North Carolina pool owners are required to have fencing around their pools that is at least four feet tall.

Property owners who fail to uphold these responsibilities may be financially responsible for injuries that occurred, including if a child drowned on their property. Under basic principles of premises liability, property owners may be responsible for compensating victims for damages such as:

• Medical expenses
• Lost wages
• Physical disability
• Pain and suffering

 Public Pool vs. Private Pool Liability

Swimming pools are a prime location for water accidents. Public pools and private pools are often regulated by state rules, such as North Carolina’s Public Swimming Pool Rules and South Carolina’s Public Swimming Pools Regulations. Additionally, local governments and municipalities can pass additional ordinances to regulate swimming pools, such as the City of Raleigh’s rules, Mecklenburg County’s ordinance, or the City of Aiken’s permit requirements.

These rules regulate such aspects of swimming pools like:

• Barriers, such as requiring fencing that is at least four feet tall around any below or above-ground pools that does not contain any gap that is 4 or more inches wide
• Gates, such as requiring that gates be installed near pools to limit access to them and that they be self-latching
• Pool covers, such as requiring them if any part of a barrier is a wall of a house or building
• Warning signs, such as requiring a warning that there is no lifeguard on duty
• Emergency equipment, such as requiring a pole and flotation device to help prevent accidental drownings
• Water play zones, such as regulating how much turnover time is necessary at kids swimming pools, wading pools, or water play zones
• Water source, such as requiring that water in a pool be acceptable for use as potable water

 How to Prevent Injuries

Many swimming accidents can be prevented with careful planning and maintenance, such as:

• Teaching children how to swim
• Avoiding drinking or using drugs when swimming
• Always supervising children in a pool
• Not allowing roughhousing in or near the pool
• Properly securing the pool

 How Stewart Law Offices Can Help

If you or a loved one was hurt in a swimming pool accident, the experienced personal injury lawyers at Stewart Law Offices can help. Contact us today to learn more about your legal rights and options.

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Is Buzzed Driving Drunk Driving? Why You Shouldn’t Drive After a Drink at a Barbecue

You know not to drink and drive. But, you might wonder if it’s okay to drive after just one or two drinks, such as after a barbecue with friends. There are some situations where “buzzed driving” may be the same as drunk driving. In any event, it should be avoided.

What Is the Legal BAC Limit in North Carolina and South Carolina?

Most people realize that driving with a blood alcohol concentration level of 0.08 percent or higher can mean that they can be charged with drunk driving. However, both North Carolina and South Carolina recognize that impairment can happen at lower levels.

In North Carolina, it is “illegal to drive a vehicle while noticeably impaired,” according to the North Carlina Department of Public Safety.

In South Carolina, it’s illegal to operate a motor vehicle while under the influence of alcohol to the extent your faculties to drive are “materially and appreciably impaired,” according to the South Carolina Department of Public Safety.

Therefore, the “legal” alcohol limit may be less than 0.08 percent if alcohol is affecting your ability to safely drive.

So, you might be wondering, how many drinks can I have before driving? Or, can you drive after one drink or after just one or two drinks?

The safest thing to do is to avoid driving after you have drunk any alcohol at all. Also, watch for any of the following signs that may imply some level of impairment from alcohol:

• Changes in your judgment
• Your vision is blurred
• You are not as alert
• Your response time is slowed

How Long Does It Take One Drink to Leave Your System?

Unfortunately, there is not a clear-cut answer to this question. A number of factors affect how much alcohol it takes to become impaired or how long a drink remains in your system. These factors include:

• The type of alcohol you are drinking
• The number of ounces you have consumed
• How quickly you drink the alcohol
• Your weight
• How much food is in your stomach
• Your sex
• Medical conditions

Some general rules regarding the amount of time it takes for alcohol to leave your system include:

• It generally takes over one hour to cancel the effects of one drink.
• A woman who weighs about 120 pounds will reach the legal limit after only two drinks
• It will generally take four drinks for a 180-pound man to reach a BAC of 0.08 percent

How Minimal Drinking Can Lead to Accidents

Studies have shown that drivers with a BAC as low as 0.02 percent may suffer from the following negative effects that make them more likely to cause an accident:

• Worsened vision
• Difficulty tacking a moving object
• Difficult performing two tasks at the same time

When behind a metal machine weighing an average of 4,000 pounds, the slightest mistake can lead to a serious or even fatal collision. Any amount of drinking can lead to slight impairment that can have a devastating effect on others.

How Stewart Law Offices Can Help

If you were injured by a drunk driver, the personal injury team at Stewart Law Offices can help pursue fair compensation for the injuries you have suffered. Contact us for a free case review to discuss your options.

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Stewart 5 Mistakes That Can Limit Your Personal Injury Claim

If you are considering filing a personal injury lawsuit, it is important that you avoid these five common mistakes:

• You Forget You Are Under Investigation

Once you make an insurance claim, the insurance company may try to do everything possible to limit the amount it pays for your claim. In some situations, insurance companies may have adjusters or private investigators follow you or stalk your social media pages to try to take pictures or videos of you doing something contrary to your claim. They may try to photograph you taking a vacation, lifting groceries, or doing yard work to try to show that your injury is not as serious as you say.

• You Talk About Your Case on Social Media

Insurance adjusters love social media. This is sometimes a treasure trove of information. Accident victims may understandably reach out to their loved ones for support during this difficult time. However, insurance adjusters may be able to get private details about the case and find people to subpoena if the accident victim talks about their case on social media

• You Reveal Private Details to Others

Anything you say to your lawyer related to your case is protected by attorney/client privilege. However, if you reveal the details of these private conversations to others, your communication is no longer protected. The other side may be able to subpoena these people to whom you have divulged private details, which may hurt your case and your bargaining position

• You Don’t Give Your Lawyer Documents Related to Your Injury

The days and weeks following a car accident can be excruciating. You may be in pain while also worried about missing time from work. You may have difficulty tending to your everyday activities. While this is understandable, it is still important that you provide your personal injury lawyer with your newest medical records, employment records reflecting your dates of missed work, and other documents related to your injury. Failing to do so could result in your injury case settlement being lower than it should be and you not receiving compensation for everything you’re entitled to

• You Ignore Your Doctor’s Advice

While you might be tempted to return to work early, work out, or do other things your doctor has warned you against, try to resist the temptation. Your doctor cares about your health and wants you to recover as quickly and fully as possible. Please follow your doctor’s advice and restrict activities and rest as instructed.

Get Legal Help from Stewart Law Offices Now

If you were injured in a car accident or other personal injury, do not make the mistake of trying to handle your claim on your own. The experienced personal injury team at Stewart Law Offices has more than 25 years in the business and knows how to avoid the common mistakes discussed above. Our results* speak for themselves. We offer a free consultation where we can discuss your claim and how to maximize your personal injury settlement. Contact us today to get started.

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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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