Personal Injuries FAQs

Personal Injuries

Typically, whenever an individual gets hurt as a result of someone else’s negligence, the injured individual can file a claim against the person or persons (or entity) that caused his or her injuries. In general, the success of personal injury claims greatly depends on a person’s liability, the damages incurred, and whether or not you will be able to collect from the negligent defendant or entity. Any injury attorney will tell you that even if you bear some of the fault for your injuries, you might still be entitled to receive partial damages.

Not all cases require the use of an attorney. In fact, there are times when an attorney is not needed at all, such as in the case of very small claims. In South Carolina, a small claims court will handle claims of up to $5,000; therefore, if your injury is a small one that will not subject you to being incapacitated in any way (or require extensive medical care), you might want to settle the case on your own in a small claims court.

In the alternative, you may want to consult with an injury lawyer if you have sustained a major injury or if you’re unsure about the possible outcome of the injury incurred. These types of cases can be complicated, and one of our attorneys will have the legal know-how, the time, and the resources to effectively handle your claim. Any learned personal injury attorney also will be able to properly assess the value of your claim and fulfill all of the state rules, requirements and deadlines that must be followed.

When it comes to auto accidents, it is always in your best interest to provide the insurance company with only that information that is required by law. You will need to send the FR-10 form to the insurer after an auto accident, but you certainly should not make any recorded statements without the benefit of an attorney (unless you’re contractually required).

We take cases on a contingency fee basis. You will owe no fees unless we win your case through a settlement or verdict. This means you do not have any upfront costs.

We offer a free case evaluation and consultation. We will discuss what happened to you, who was responsible, and the extent of any damages. You need not worry that you will be forced to pay for our initial meeting.

Our six attorneys have a wide range of practice areas. While each case we handle is unique, all of our clients benefit from our more than 100 years of shared legal experience.

Yes. Your attorney will work with you from the beginning of your case through its resolution. We focus on personal, individualized service, and we will never see you as just another case number. You will get to know your lawyer as a person and work together as partners.

We work with various experts, including investigators, consultants, and medical experts who can supply vital information for your injury case. We mount a coordinated effort by a team dedicated to your case.

We believe that it is important to have a close working relationship with those we represent. We are available to answer your questions and concerns. Personal injury cases vary in the time it takes to reach a resolution, and there may be settlement offers, challenges,or other issues that arise. We will keep you fully informed as your case progresses toward resolution.

If you have medical records, police reports, copies of claims you have filed, communications from the insurance companies, or other documents that could be helpful to your case, we urge you to bring then to our initial meeting.

There is no way to determine the value of a case until we review the facts. Cases of serious or catastrophic injury involve large damages. A person who can no longer function as in the past may require ongoing medical care, years of rehabilitation, medical equipment, and a refit of the home, among other necessities. Pain and suffering and loss of quality of life also must be evaluated in monetary terms.

We are steadfast in the pursuit of justice for our clients. Should the insurance company fail to make a fair offer within a reasonable period of time, we are more than willing to take the case to court for a decision. We know you deserve a fair settlement, and we don’t back down.

Insurance companies are extremely interested in finding any way to reduce the value of your claim and will attempt to identify any medical condition that you had prior to the accident. We recommend that you refer any insurance company requests for records to your lawyer at Jebaily Law Firm where you rights and interests will be protected.

DUI Law FAQs

DUI

Under 21: .02% BAC | 21 or Older .08% BAC | Commercial .04% BAC

There isn’t one correct answer to this question, there are calculators and tables that can serve as a reference; however, these devices cannot predict with certainty what your exact BAC level will be at a given time. There are many factors that contribute to an individual’s BAC score, including weight, sex, body-fat percentage and the time interval between drinks. Studies have shown that a person’s BAC could go up between .01 and.05 percent for each drink taken. The fact is it takes very little alcohol to become legally drunk and each drink taken is a another step closer to becoming an “impaired” driver. The best answer is not to drink and drive. The State of South Carolina has strict laws for drunk driving, and when you drink and drive in South Carolina, you risk your freedom, finances and your future.

South Carolina’s implied consent law means that any person who drives a motor vehicle on the roadways of the state is considered to have given their consent to a chemical test of their blood, breath or urine if they are detained by law enforcement who believes the driver was driving under the influence of drugs, alcohol or both. If you refuse to submit to such a test, your driver’s license will be immediately suspended for at least 90 days. In addition you can still be charged and convicted of a DUI without a chemical test if the arresting officer convinces the court that you were intoxicated while operating a motor vehicle.

No, a plea bargain for a conviction of “wet reckless” (reckless driving involving alcohol) is barred by statute in South Carolina.

First Offense

  • Fine of $400 or imprisonment for not less than 48 hours or more than 30 days.
  • In lieu of the 48 hour minimum imprisonment, the court may allow you to perform 48 hours of public service. If your alcohol concentration is at least 0.10% but less than 0.16%
  • Fine of $500 or imprisonment for not less than 72 hours or more than 30 days.
  • In lieu of the 72 hour minimum imprisonment, the court may provide for 72 hours of public service. If your alcohol concentration is 0.16% or more
  • Fine of $1,000 or imprisonment for not less than 30 days or more than 90 days.
  • In lieu of the 30 day minimum imprisonment, the court may provide for 30 days of public service. A first offense charged for this item may be tried in a magistrate court.

Second Offense

  • Fine of not less than $2,100 nor more than $5,100
  • Imprisonment for not less than 5 days nor more than one year. If your alcohol concentration is at least 0.10% but less than 0.16% :
  • Fine of not less than $2,500 or more than $5,500.
  • Imprisonment for not less than 30 days or more than two years. If your alcohol concentration is 0.16% or more
  • Fine of not less than $3,500 nor more than 46,500
  • Imprisonment for not less than 90 days or more than three years. A person convicted of or pleading guilty to a second or subsequent DUI must surrender the registration and license plate for all motor vehicles owned or registered to him/her for a period of 30 days unless the vehicle has been confiscated. A fee of $50 must be paid to the DMV for each motor vehicle suspended before any of the registrations or license plates may be registered or before the motor vehicle may be released pursuant to subsection.

Third Offense

  • Fine of not less than $3,800 nor more than $6,300
  • Imprisonment for not less than 60 days or more than three years. If your alcohol concentration is at least 0.10% but less than 0.16%
  • Fine of not less than $5,000 nor more than $7,500
  • Imprisonment for not less than 90 days or more than four years. If your alcohol concentration is 0.16% or more
  • Fine of not less than $7,500 nor more than $10,000
  • Imprisonment for not less than six months nor more than five years; or

Fourth or Subsequent Offense

  • Imprisonment for not less than one year nor more than five years. If your alcohol concentration is at least 0.10% but less than 0.16%
  • Imprisonment for not less than two years or more than six years. If your alcohol concentration is 0.16% or more
  • Imprisonment for not less than three years or more than seven years. How many years can separate the offenses? Only those violations which occurred within a period of ten years including and immediately preceding the date of the last violation constitute prior violations.

The Department of Motor Vehicles must require the person, if he or she is a subsequent offender and a resident of this State, to have installed on any motor vehicle the person drives, an ignition interlock device designed to prevent driving of the motor vehicle if the person has consumed alcoholic beverages. The length of time that an interlock device is required to be affixed to a motor vehicle following the completion of a period of license suspension imposed on the offender is two years for a second offense, three years for a third offense, and the remainder of the offender’s life for a fourth or subsequent offense.

The cost of the interlock device must be borne by the offender. This fee is not to exceed $360 per year for each year the person is required to drive a vehicle with an ignition interlock device. The interlock device must be inspected every 60 days to verify that the device is affixed to the motor vehicle and properly operating. This report will indicate the offender’s alcohol content at each attempt to start the vehicle during each 60-day period. If your alcohol level is too high, the vehicle will not start.

The offender shall be subject to an Interlock Device Point System managed by the Department of Probation, Parole and Pardon Services. An offender receiving a total of two points will have their length of time that the interlock device is required extended by two months. An offender receiving a total of three points will have their length of time that the interlock device is required extended by four months and must submit to a substance abuse assessment and successfully complete the plan of education and treatment, or both, as recommended by the certified substance abuse program. If you do not complete the recommended plan, or do not make progress toward completing the plan, the Department of Motor Vehicles must suspend your driver’s license until the plan is completed or progress is being made toward completing the plan. An offender receiving a total of four points shall have their license suspended for a period of one year and submit to a substance abuse assessment and successfully complete the plan of education and treatment, or both, as recommended by the certified substance abuse program. Completion of the plan is mandatory as a condition of reinstatement of the person’s driving privileges. The Department of Alcohol and Other Drug Abuse Services is responsible for notifying the Department of Motor Vehicles of an individual’s completion and compliance with education and treatment programs.

Social Security Disability FAQs

Social Security Disability

Social Security Disability is a part of the Social Security System and is available for workers who have paid Social Security taxes for at least 10 quarters. If you become disabled according to the Social Security guidelines, you may be eligible to receive Social Security benefits. If you have not paid Social Security taxes for the required length of time, but are disabled and meet the financial guidelines, you may be eligible for Supplementary Security Income (SSI).  Contact our Social Security disability lawyer for more information.

The Social Security Administration defines a “disabled” person as one who is disabled by a physical or mental disease, injury or condition (or combination of those three) for at least one year; and that disease, injury or condition must prevent you from performing any substantial work (not just your usual work). How pain affects your work also is considered. Meeting these requirements can be difficult because the Social Security regulations require medical documentation (such as X-Rays, tests, or other forms of medical documentation) not just a doctor’s opinion. The Social Security Administration may even require additional examinations (at their expense). If you refuse to cooperate in these extra evaluations, your claim likely will be denied.

Generally speaking, you must be completely disabled in order to get Social Security Disability benefits, which means that you have to be suffering from a condition that keeps you from being able to do any substantial gainful work. Additionally, your disability attorney will advise that you must have paid enough into the Social Security system for a certain length of time. Specifically, individuals will qualify if they have paid into the system for at least 40 quarters, 20 of which should have occurred within the last 10 years prior to you becoming disabled.

Disabilities include (but are not limited to) the following conditions:

  • Anxiety and Depression
  • Back, neck, and joint pain
  • Breathing disorders
  • Finger/Hand/Wrist pain
  • Heart condition
  • Memory loss
  • Migraines
  • Seizures
  • Stroke
  • Vision/Hearing loss
  • Weakness/Fatigue

According to your records, you will receive a monthly check from the date you applied or became eligible, and you also will be eligible for medical benefits. If you have a dependent spouse and/or children, they also could be eligible for additional benefits.

If you are injured, you should apply as soon as your doctor determines your condition will prevent you from working for at least one year. If you meet the guidelines, you are entitled to these benefits as a contributor to the Social Security Trust Fund, and you should take advantage of them if you need them.

You can apply online by clicking here and following the instructions. By applying online, you do not need to wait for an appointment, and you can apply from the convenience of any computer and save money by avoiding multiple trips to your local Social Security office. If you choose not to apply online, your local Social Security office will help you with the application process. You will need to call your local Social Security office and schedule an appointment to file your application for benefits. The Social Security office will take your application either in person, or by telephone, whichever is most convenient for you. If you have a dependent spouse or children, it will be necessary for you to fill out an application on their behalf as well. The Social Security office will then mail you forms to be completed prior to your appointment with them. These forms will require such information as the medications you are currently taking, the name of your doctor(s) and addresses as well those of your previous employers. If this material is provided to the Social Security office when your claim is made, it will help speed up the process.

A person can easily begin the application process without the help of an attorney. However, each year many people are needlessly denied Social Security and SSI benefits. If you are denied benefits but feel you meet the requirements, you may need an experienced attorney to review your case and/or develop and argue your case of appeal.