FREQUENTLY ASKED QUESTIONS

Insight from an Abbeville, SC Personal Injury Lawyer

Hite & Stone first opened for business in 1982. In the more than 30 years that have followed, we’ve been asked a great deal of questions. Though some of them are rather unique, many of them get asked quite commonly. Below you will find answers to some of the most frequently asked questions we receive.

HOW LONG DO I HAVE TO FILE A PERSONAL INJURY CLAIM?

It depends. Different statutes apply to different types of cases. You should speak with one of our attorneys promptly so that we can determine the statute of limitations that applies to your case.

HOW ARE CIVIL & CRIMINAL TRIALS DIFFERENT?

The major differences between a criminal trial and a civil trial relate to punishment and the burden of proof. In a criminal case, a guilty verdict results in jail time and/or a monetary fine. In a civil case, an outcome that finds fault results in a monetary award for the victim or the victim’s estate. In a civil trial, the burden of proof is significantly lower than in a criminal trial.

HOW DO I FILE A WORKERS’ COMPENSATION CLAIM?

Anyone injured on the job in South Carolina is supposed to immediately report the injury to their employer. The employer will then file a workers’ compensation claim. If they fail to do so, the employee may then file a claim directly with the state.

WHO IS ELIGIBLE TO FILE A WRONGFUL DEATH SUIT?

In South Carolina, the executor of the deceased’s estate is the only person eligible to file a “wrongful death” suit. In the absence of a named executor, the court will appoint one.

If damages are awarded they will go to:

  • Surviving spouse and/or children
  • Surviving parents (in the absence of a spouse or children)
  • Next of kin (in the absence of surviving parents)