In South Carolina, a plaintiff has three years from the date of the collision to file a claim or bring a lawsuit. However, South Carolina has what is known as the “discovery rule,” where the statute of limitations starts at the time the plaintiff discovered or should have reasonably discovered their injury. In some circumstances, this allows a plaintiff to sue or file an insurance claim after the three-year limitation has expired. If you or your loved one has any questions regarding a potential lawsuit and whether it can be brought, contact Chase Harbin to discuss the option regarding your case.
It is a common feeling among those injured in collisions. People sometimes feel like taking the insurance company’s check is accepting money they did not earn. However, the purpose of insurance’s monetary compensation is exactly the reason you pay for insurance. You are receiving money you have already paid to the company. It is perfectly acceptable insurance money for your recovery and compensation.
Most injuries after an automobile or truck accident do not appear until days or, in some cases, weeks, after the accident occurs. Concerning your automobile, the damage is not always visible. Most rear-end collisions result in extensive frame damage or costly engine repairs. If you are in an accident, you should notify the police of the collision. Insurance companies deny claims everyday because there was no police report filed on the collision. If the accident is not your fault and you wish to file a claim, either your insurance company or the at-fault driver’s insurance company, you should file a claim that outlines exact injuries and damages suffered. It is important to have all information possible about any other drivers and passengers involved, including insurance registration information. It is also important to get information from bystanders who witnessed the collision. Their eyewitness accounts could be the difference between a successful and unsuccessful claim.
South Carolina is an “at-fault” state, meaning the driver responsible for the collision is the one who pays for the damages. Even though it may seem like no one is at fault in your collision, the law has specific ways to assign fault in a collision. Before you sign anything waiving your right to file a claim or lawsuit, call Chase Harbin for a consultation of your case. He knows the law and can help you recover the damages you are legally owed.
There are many circumstances by which a waiver can be dismissed. For example, you might have signed the waiver not knowing its effect on your case, or the insurance company took advantage of your condition to get you to sign the waiver. In any instance, you need an attorney on your side who knows what the insurance company can and cannot do legally to get you to sign a waiver. If you have already signed a waiver not to file a claim or bring a lawsuit, contact Chase Harbin so he can review your case to see if the waiver is effective.
First of all, you must let your employer know as soon as the accident occurs. If not, the insurance company might challenge that the injury actually occurred during the course of employment. This would severally hinder you ability to recover compensation for your injury.
Second, you should contact Chase Harbin as soon as you are physically able to. Workers’ compensation claims are time-sensitive, and he knows the applicable deadlines that need to be met for your claim to be properly heard.
To represent you effectively, Chase Harbin will need all available information regarding the accident – so, in order to help your case, you will need to keep track of all documents related to the injury. This includes any documents mailed or handed to the injured from either their insurance company or their employer’s insurance company.
In South Carolina, workers’ compensation claims typically take 90-120 days to go from initial filing to your first claim hearing before the Workers’ Compensation Commission. This Commission provides an expedited system for injured workers to receive benefits they deserve. Typically, only one Commissioner will hear your claim and make a determination.
However, before the initial hearing, your employer’s insurance company will require you to see one of their doctors in order to evaluate you medically. This is a way for the insurance company to record your injuries and dispute any claimed damages. It is important to be upfront and truthful with the doctor, because the insurance company might hire a private investigator that does additional research into your medical and physical history. If the investigator discovers or observes a discrepancy between your medical visit and your current condition, the insurance company may deny your entire claim.
At that time, Chase Harbin will present your case and the employer’s insurance company will present their case. Knowing the claims process is half the fight, and Chase Harbin can guide your claim through this intense and difficult timeline.
If a single Commissioner denies your claim, there is an appeals process available to use. You have 14 days to file a Form 30, which is a request that a panel of Commissioners hear your claim. If the panel review results in a denial, there are a few additional options available in state courts. Contact Chase Harbin to discuss your workers’ compensation claim. He knows the procedures; and he will continue to fight on your behalf.
After suffering a personal injury, it is best to consult an attorney prior to signing any forms from any insurance provider. Such forms may include a waiver to your claims and thus would prevent you from bringing a legal case. If you have signed forms already, it is best to contact Chase Harbin to review them prior to signing anything further.
In the event of a wrongful death, it is important to discuss any forms with your attorney prior to discussions with the insurance companies. These companies do not have to evaluate your case in light of your best interests and usually want to settle quickly and for a lesser amount than you deserve.
Contact Chase Harbin if you have any questions regarding forms given after a suffering a personal injury or the wrongful death of a loved one.
In the case of personal injury, your health and recovery should be your number one priority. You should focus on meeting with the appropriate medical specialists and professionals who can get you back on the road to full health. Attorney Chase Harbin will deal with reimbursement of medical expenses as part of your case against the person who harmed you. As your advocate, he will fight to have every available reimbursement for your treatment. It was not your choice to be injured; it should not be your finances that suffer.
It is best to have your attorney make the contacts. Emotions can understandably run high when discussing personal injuries and some people say things they regret. Conversations like that might be used in court against you and would negatively affect your right to recovery. Trust Chase Harbin to handle your case with the care it deserves while maintaining the most effective advocacy for your recovery against those who harmed you.
Often times, there is a personal injury suffered because of the actions of a friend or family member. These cases present another layer of emotional involvement in a case. Under South Carolina law, there are ways to avoid costly, public litigation. These methods are known as “alternative dispute resolutions.” Using these procedures, the persons involved in the matter can meet together to come to a resolution that is agreeable with all involved. These usually end up with the injured person recovering less than what they would in court, but it saves the trouble of a full trial on public record. These options are frequently used among friends and relatives to settle quickly personal injury claims. Contact Chase Harbin so we can discuss your case and recommend the best approach to get a favorable resolution for you.
In South Carolina, the State maintains a “no drop” policy in instances of domestic violence. When a CDV charge is filed, the State is who prosecutes the charge. This means that the victim cannot drop the charges after they are filed. In a normal CDV trial, the State will prosecute the defendant and the victim testifies for the prosecution. However, if a victim does not want the charges dropped, they can refuse to either testify or even testify for the defendant. If you or your loved one has been charged with CDV, contact The Law Office of Chase Harbin for a free initial consultation on your case. Our experienced legal team can guide you through the options regarding the CDV charge.
South Carolina law automatically grants a “No Contact” Order to the victim of Criminal Domestic Violence (CDV). This prevents the defendant from contacting the victim under any circumstances. However, the problem is that there are situations where compliance with the order is almost impossible. For instance, the defendant and victim might share a house or they share custody of a child or children. What most defendants do not know is they have to right to request a modification or dismissal of the order under some circumstances. The Law Office of Chase Harbin has experience with obtaining modifications of “No Contact” Orders and we are willing to help with a request. Contact The Law Office of Chase Harbin for a free initial consultation of your case. We offer flexible payment plans to help assist you with the financial costs as well.
In South Carolina, a first arrest for possession of marijuana weighing 1 ounce or less of marijuana is a misdemeanor punishable by up to 30 days in jail and a fine between $100 and $200 dollars. A second or subsequent offense is a misdemeanor punishable by up to 1 year in jail and a fine between $200 and $1000 dollars.
If you are arrested with more than 1 ounce of marijuana or 10 grams of hashish, the law automatically assumes you have possession of marijuana with the intent to distribute. The penalties for this are significantly greater. For a first offense, it is a felony punishable by up to five years in prison and a $5,000 fine. A second offense is a felony punishable by up to 10 years in prison and a $10,000 fine. If you are arrested for a third or subsequent offense, you face a felony charge, imprisonment between 5 and 20 years, and a fine of up to $20,000.
Being a former Violent Crimes and Drug Prosecutor, Chase Harbin is familiar with the penalties associated with drug arrests and can handle your case efficiently. Combined with his In-House Investigator, Fred Palmeteer, a retired Greenville County Sheriff with 16 years of law enforcement experience who led his own drug interdiction unit within the Interstate Criminal Enforcement (I.C.E.) Task Force, The Law Office of Chase Harbin legal team is ready to fight your charges.
We can arrange so you do not have to appear at your first court date and typically can have your case resolved within 6 to 9 months. In some cases, a marijuana charge can be dropped upon successful completion of a pre-trial intervention (PTI) program. We offer a free initial consultation and flexible payment plans to assist you with the financial burden of your case.
There is a way to get an incarcerated defendant’s bond reduced. To be eligible for a reduction, the bond must be the 1st bond placed on the defendant. A reduction in bond will modify the amount needed to hire a bail bondsman and can get your loved one out of jail quicker. The Law Office of Chase Harbin has handled numerous bond reduction hearings and can help your loved one. We can file all the necessary paperwork to request a bond reduction hearing and work on having your loved one out of jail quicker. There are specific factors that go into the bond reduction consideration, and The Law Office of Chase Harbin is ready to provide a free initial consultation to assess the case. We also offer flexible payment plans to help with the financial costs of the proceedings.
South Carolina has a combination of criminal and civil penalties associated with an arrest for driving under the influence (DUI). The law prohibits a person under the influence of alcohol with a blood alcohol content (BAC) of 0.08% or higher from operating a motor vehicle on South Carolina roads.
First-time offenders convicted of a DUI can face:
- Fines of up to $400
- Imprisonment anywhere from 2 days all the way up to 30 days
- Mandatory six-month suspension of your driver’s license
If you have caused great bodily injury or death, then your charge becomes felony DUI. This means you could face:
- Mandatory fines ranging from $5,100 to $10,100
- Imprisonment from 30 days up to 15 years if there is great bodily injury
- If a DUI resulted in a death, the mandatory fine can vary from $10,100 to $25,100 and imprisonment from 1 to 25 years.
To restore your driving privileges after your DUI suspension, you must successfully complete the South Carolina Alcohol, Drug, and Substance Abuse Program (ADSAP). Once completed, you must also maintain SR-22 car insurance for three continuous years from the date your driving privileges are restored. The SR-22 must be maintained even if you do not own a car.
South Carolina law has a “zero tolerance policy” if you are arrested on suspicion of a DUI and you are under the legal drinking age. The law prohibits a person under the age of 21 from driving under the influence with a blood alcohol content (BAC) of 0.02%. The mandatory penalty for this conviction is an automatic three-month suspension. In addition, if you are arrested for a DUI, you are not eligible to enter into a pre-trial intervention (PTI) program.
In South Carolina, we have what is known as “implied consent.” When you drive on South Carolina roads, the law states that you give police officers implied consent to test blood, breath, or urine to determine whether you have alcohol in your system when detained on suspicion of a DUI. The most common test used by law enforcement is the Breathalyzer. You have the right to refuse to take the Breathalyzer test. However, because of this implied consent, if you should refuse to perform the Breathalyzer test you face an automatic six-month suspension of your license if you are 21 years or older. This suspension begins the moment you refuse the test.
If you refuse to take the Breathalyzer while under arrest, there is an automatic six-month license suspension. There is a way temporarily to restore limited driving privileges by filing for an administrative hearing to determine whether the suspension was appropriate. You have 30 days from the date of the arrest to request an administrative hearing. If you do not request an administrative hearing with the 30 days, the law says you have waived your right to the hearing and your license suspension remains. If your license suspension is dismissed at the administrative hearing, you can obtain a Temporary Alcohol Restricted Driver’s License that allows you limited driving privileges while your case is pending.
Because of the short timeframe to act, if you or your loved one have been arrested on suspicion of a DUI, it is vital that you contact Chase Harbin so he can begin the process of restoring your driving privileges and fight the DUI charge.