Legal Question in Insurance Law in South Carolina

Re: Insurance claim

Lawyers have different strategies for setttleing cliams. Often an injured person can handle it without the need of an attorney, and I commend any lawyer that is honest enough to tell them so. However, just as often a person cannot adequately settle their own claim, as evidenced by the questions you are asking, they cannot settle thier own claims. Your questions are intelligent ones and show that you are looking at some of the main issues of a personal injury claim. With all due respect to the other lawyer, whom I do conceed knows more about your case than I do, this might not be one of those claims that should be handled without legal counsel. If you are going to do this on your own, you need to send to the insurance company every single proof of your damages, including but not limited to picures, medical reports, medical bills, future estimates of medical needs and the projected costs, disability or impairment ratings, out of pocket expenses, lost wage verification forms, out of work medical documentation,etc. It is also possible to bring other such claims as Loss of Use, Loss of Enjoyment, Loss of Consortium, etc. You should also be prepared to address the possibility of punitive damages, and look for other causes of actions such as negligent entrustment. Quite simple, if you have an accounting problem, use an accountant, if you have a medical problem, use a doctor, and if you have a legal problem, use a lawyer. The attorney you consulted with sounds like an honest lawyer and I greatly appreciate that. Also, he/she knows more about the particulars of this case than I do, so I am in no way criticizing this person. However, not only does a lawyer know how to deal with an insurance company, the process in doing so, all the legal issues including all of your rights and options, but they have a cetain power and leverage that you do not have. That is the power and leverage of filing a lawsuit and taking a case to court, which is the last thing an insurance company wants you to do. This insurance company will take every possible advantage of you they can in the sole interest of saving money. Remember, insurance companies basically do two things; they bring in as much money as possible in premiums, and pay out as little as possible in claims, the rest is profit. Good luck. Robert Johnston, Esquire. (843) 828-1137 or toll free (888) 789-8100