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Myrtle Beach Personal Injury FAQ with Attorney David Aylor

Yani Smith

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While Myrtle Beach is idyllic in many ways, it’s important to remember that serious, injury-causing accidents occur daily in and around our community. Attorney David Aylor is an experienced Myrtle Beach car accident lawyer who has been practicing personal injury law since 2007. We sat down with David to discuss some of the issues and concerns facing people who have suffered injuries in accidents caused by others. Below are his answers to some of our questions.

Myrtle Beach Attorney David Aylor
Myrtle Beach Attorney David Aylor

What Kinds of Injury-Causing Accidents Happen in Myrtle Beach?

As a resort and beach community, Myrtle Beach is full of places to relax and have fun – and also to get hurt. Some examples of accidents that often leave victims injured include car accidents, drownings, pool and spa injuries, slip and fall accidents in restaurants and grocery stores, and accidents at hotels and resorts. With the amount of traffic coming in and out of Myrtle Beach regularly, there is a real risk of serious car crashes to locals and visitors alike.

When Can Accident Victims Recover Compensation?

Under South Carolina law, when people are hurt in accidents caused by others’ negligence, they are typically entitled to compensation for the losses they sustain due to their accident. When used in the context of the law, negligence means failing to use the degree of care that a reasonable person would ordinarily use in the same circumstances. 

While this definition can seem technical, many examples of negligence are just a matter of common sense; for example, reasonable people don’t speed, run red lights, or drive drunk. Similarly, a reasonable shopkeeper would clean up after someone spilled something on the floor of their store. That said, in some cases, negligence can be hard to spot, so it’s important for anyone hurt in an accident to speak to an attorney about their options.

Do You Need an Attorney to Recover Compensation after an Accident?

No rule requires accident victims to retain a lawyer, and, in many cases, victims will be able to recover something on their own. It’s always advisable to retain an attorney after an accident. Doing so will protect your rights and ensure that you obtain the full value of your claim.

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To understand why it’s a good idea to retain an attorney after an accident, it’s helpful to consider how the personal injury claims process works. First of all, few cases go to trial. Many people take this to mean that they don’t need an attorney, but it’s the opposite. Because most cases settle out of court, it’s critical to have someone on your side who understands the law and knows how to value your claim.

Keep in mind that insurance companies are in business to turn a profit, which means that their goal is to settle every claim they receive for as little as possible. In fact, before trying to settle your case for as little as possible, they will see if there is any way they can deny it outright. Unless you are familiar with personal injury law, you probably have no idea how much your case is worth, and the insurance company will not hesitate to try and settle your case for pennies on the dollar. However, when you retain an attorney, your lawyer will represent you in settlement negotiations and provide evidence supporting your claim for damages, maximizing the chances that you will get the compensation to which you are entitled under the law.

If the insurance company denies your claim or won’t make a fair settlement offer, you’ll have to take your case to court to recover compensation. When this occurs, you must have an experienced attorney who knows how to litigate personal injury claims and represent victims’ rights in court.

How Much are Personal Injury Claims Worth?

Unfortunately, there is no way to talk about how much an “average” injury claim is worth because every claim is different. Furthermore, even claims in a specific subcategory of personal injury can vary widely. For example, a slip and fall case where a person has broken an arm and missed a few days of work may be worth a few thousand dollars. On the other hand, a slip and fall case that resulted in a traumatic brain injury may be worth several million. It all depends on the particular losses you have suffered in your accident. Some of the factors that may be relevant to how much compensation you can recover after an accident include your age, your occupation, whether there was property damage involved, your injuries, your prognosis, and whether you were partially at fault for your accident.

How Long Do I Have to File a Claim?

South Carolina’s statute of limitations on personal injury claims is three years. That means that you have three years from the date of your injury to file a claim. That said, you should not wait three years to file your claim. You should always talk to a lawyer so they can begin the claims process immediately. Personal injury claims can take months or even years to resolve, and a lawyer knows how to expedite the process, so you receive your settlement quickly. Also, a lawyer knows the steps to take to preserve critical evidence. If you wait to contact a lawyer, it could very easily result in the loss, degradation, or destruction of evidence critical to your case’s success.

How Much Does it Cost to Retain a Personal Injury Lawyer in Myrtle Beach?

Fortunately for victims, there are zero up-front costs with retaining a personal injury lawyer. Most personal injury attorneys typically work on a contingency fee basis, which means that they agree to represent you for a percentage of any settlement or judgment they secure on your behalf. In addition, because personal injury attorneys almost always offer free consultations, you can discuss your accident with a lawyer at no cost to you and find out whether you have a claim.

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Yani Smith is a Legal Marketing Manager at Haskins and Company, a law firm marketing agency based out of Greenville. Prior to becoming an experienced marketing professional in the plaintiff's legal space, Yani handled marketing campaigns for one of the country's biggest insurance companies. When Yani is not helping attorneys attract more cases, she enjoys traveling and spending time with her family.

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