Legal Question in Personal Injury in South Carolina
Seeking damages/pain and suffering from car accident
A relative was recently in a car accident (he was not at fault) and spent a month in neural intensive care. He is now in a rehab hospital undergoing various therapies. He will be in an upper body and neck brace for at least a year and will be unable to work or drive during this time. The probability of him being able to return to college during the next year is slim. With all of the metal now in his body he will most likely set off alarms for the rest of his life. The doctor has said that he will have recurring issues with his back for life, as well as the possibility of additional surgeries. He has also suffered injury to sexual organs that will be another painful and mentally taxing complication indefinatelty. He was informed that he could file suit against the guy who hit him and that he would be awarded a substantial amount; however, all the guy had to do was file bankruptcy and he would basically get nothing. Under SC law, the guy's wages can't even be garnished to pay his debt. However the guy is not from SC, he lives in NC, so could legal action against him be persued in NC for a chance at a better outcome? Is there anything else that can be done so he gets some decent relief for what he has and will continue to go through?
2 Answers from Attorneys
Re: Seeking damages/pain and suffering from car accident
One of the main issues that determines the ability to recover for damages is the amount of insurance coverage that the at-fault driver and your relative both had. Once the insurance has been exhausted, it is possible to go after the assets of the at-fault driver, but in many cases, it is difficult to collect against them.
If the other driver is from NC, then it may be possible to sue them there instead of here in SC, but obviously some investigation would need to be conducted to determine that such a step is, in fact, in your relative's best interest.
We will be glad to discuss these issues further with you or your relative, and we can certainly visit him/her at home or in the hospital if he/she is still recovering. You are also welcome to visit our personal injury blog (www.SCPILaw.com) for more information.
Good luck,
Ben Stevens
Re: Seeking damages/pain and suffering from car accident
I don't know why the other attorney thinks you could sue in NC. This accident occurred in the State of South Carolina and therefore, this case would be handled persuant to SC law and procedure. Secondly, I do not know why the other attorney thinks that you can exhaust the insurance policies and then sue the at-fault driver. That is not correct as well. There are potentially a lot of things that can be done, including but not limited to a Funtional Capacity Evaulation, a complete Stacking of any and all applicable insurance policies, Physician statements and depositions on not only all past and present medical conditions, but as to future medical expenses, procedures, pain and suffering and physical limitations, as well as impairment and disability ratings. Depending on what sort of citatitions that the at-fault driver recieved, a claim with the Victim's Assistant Program is also a possibility. Good luck
[email protected] Robert Johnston
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