Get Answers to These FAQs We Hear the Most

We know how many questions you must have right now about your personal injury or workers' comp case, so we compiled this list of the questions we hear the most. If you have a question that is not answered here, please call our Columbia law office to speak with Kenneth Berger.

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  • What are punitive damages and how are they determined?

    In any personal injury lawsuit in civil court, there are three types of potential damage awards available. Economic damages are compensation for the actual costs related to the accident and are relatively easy to quantify by adding up the costs of bills and other expenses. Non-economic damages are compensation for other losses, such as pain and suffering andPunitive Damages and Your DUI Injury Case other less-easily defined losses. Together, these are called compensatory damages.

    The third type of damage award is for punitive damages. It is a topic that deserves discussion apart from the other types of damages due to the special circumstances required to be awarded this type of compensation, especially when it comes to punitive damages in a DUI case.

    Punitive Damages in South Carolina

    For punitive damages to be considered in a South Carolina court, they must be specifically requested in the initial complaint, and victims must provide “clear and convincing” evidence that reckless behavior was involved. Reckless behavior means that the responsible party acted with a willful disregard for the safety of others. Getting behind the wheel while intoxicated is a prime example of reckless behavior for which punitive damages may be justified.

    Punitive damages are so-named because they are intended to not only punish the perpetrator financially for their bad actions, but also to provide an example to society as a whole to discourage similar behavior in others in the future. Punitive damages are not intended as the primary means of compensation, though they are a financial award; instead, they are an additional amount that goes to the victim on top of any compensatory damages already awarded.

    South Carolina caps punitive damage awards at either $500,000 or three times the total amount of compensatory damages, whichever is greater. However, three notable exceptions to this cap occur when:

    • There was an intent to cause harm.
    • A conviction or guilty plea for a felony was involved.
    • The person was “substantially impaired” by drug or alcohol use at the time of the incident.

    With a claim for punitive damages included in a lawsuit, it is likely that the trial will be split into two parts. The first half will address claims for compensatory damages. If that case is successful, the second half will address claims for punitive damages, and the victim will have to provide stronger evidence to support his or her case for the additional award.

    Get Legal Help

    Making a case for punitive damages is a complex legal process, and a successful claim can be nearly impossible without the assistance of an attorney who is well-versed in this special area of civil case law. Seeking help from an experienced personal injury attorney can ensure that your legal rights are protected and help you maximize your potential compensation after an accident.

    The attorneys at the Law Office of Kenneth E. Berger are here to represent victims of DUI crashes and their families, providing legal support and service when you need it most. To speak with one of our experienced legal professionals about your accident situation, please call us by phone or click the live chat box on this page right now and arrange a free consultation today.

     

  • What damages can I recover after being hit by a drunk driver?

    If you have been hurt in an accident caused by a drunk driver, a civil lawsuit is how you and your family start the financial recovery process. Though the driver may have been carried away in handcuffs, the criminal charges will only punish the person who caused the accident in the only way that the criminal justice system knows how: with jail time, fines andWhat Are You Entitled to After a Drunk Driving Accident? fees to the state, loss of driving privileges, and so on.

    The criminal system will not, however, compensate you and your loved ones for the costs of the accident. A personal injury lawsuit in civil court is how you seek repayment, in the form of legal damages. Here are the types of damage awards frequently seen in DUI cases, and how you can get legal help today.

    Economic Damages

    Economic damages are the fundamental costs of the accident that can be tallied up by looking at the real costs. This type of damage award may include repayment for:

    • Vehicle repair or replacement
    • Emergency treatment, hospitalization, follow-up care, and other medical expenses
    • Lost wages due to time away from work
    • Loss of future earnings due to an inability to perform the same work

    Non-Economic Damages

    This type of damage award is not as easily quantified as economic damages, but it can be just as important to the financial recovery process. Economic damages may include:

    • Pain caused by your injuries
    • Mental suffering, anguish, or emotional distress
    • Damage to your reputation
    • Aggravation of old injuries

    Punitive Damages

    In some cases, the behavior of the defendant was so despicable that the court may decide to award punitive damages. This type of award is rare, and it is designed to not only punish the guilty party, but also to use the guilty party as an example to discourage other people from committing the same offense.

    Get Legal Help After Your Accident

    If you or your loved one have been seriously hurt by a drunk driver, you have our deepest sympathies. At the Law Office of Kenneth E. Berger, we work hard to help our community by representing those who have been injured in accidents caused by negligence or recklessness, and we are here to help you and your family when you need legal support. Reach out to us by phone, use our contact form to send an email, or click the live chat box on this page to set up a free consultation with us and see how we can help your family begin the recovery process today.

     

  • How does a DUI accident case work?

    After you’ve been hit by a drunk driver, it sets into motion a series of events that can change your life. It’s easy to get lost in the process and be unsure of what happens next or what you should do to protect yourself and your legal rights. Here’s a look at what happens immediately after a crash and the steps that you should take to ensure you’re protected.

    What Happens After a DUI Crash

    Immediately after a serious crash, your first priority is to health and safety. Make sure that you and your passengers are okay and contact 911 immediately to get authorities and any medical help needed on the scene as soon as possible. Avoid interacting with the other driver and let the police handle that situation, as there may be an arrest and criminal charges involvedDo You Know What Happens After a Car Wreck? if alcohol or drug intoxication is the suspected cause of the wreck.

    The police can help you get the insurance and contact information for the other driver and provide you with an FR-10 Insurance Verification form, which must be completed and returned to the DMV within 15 days of the accident. Make a copy for your records. Next, you’ll want to:

    • Contact an attorney. Find an experienced personal injury attorney as soon as possible, because you will likely want legal representation. Your attorney can help you negotiate with the insurance company, press a lawsuit to get a fair settlement, or pursue a legal action against the driver if he or she didn’t have insurance.
    • Contact your insurance company. You may need to speak to your insurance company if you’d like to begin a claim on your own policy, if the accident is covered. Your attorney can help you with this contact to make sure your rights are protected.
    • Refer questions to your lawyer. The other driver’s insurance company is going to call you within a day or two of the crash. You do not need to speak to them without your legal representative at hand, so you can politely refer them to your attorney for any questions and end the call.

    Remember, the other driver’s insurance company is not working on your behalf on this case. Insurance companies do not make money when they pay out claims, so they will attempt to minimize your settlement amount as much as possible, or even deny it outright—even if the accident wasn’t your fault. Your attorney can help you ensure that your legal right to compensation is protected.

    Get Legal Help Today

    If you have been hurt or someone you love has been killed by a drunk driver, you have our deepest sympathies. The attorneys at the Law Office of Kenneth E. Berger are here to help you and your family begin the process of healing and recovery by ensuring your rights are protected after a serious accident. Call us by phone, use our online contact form, or click the live chat box on this page to arrange a free consultation with an attorney you can trust today.

     

  • How long do I have to file a DUI accident lawsuit?

    Do You Know How Long You Have to File a DUI Accident Case?In the field of law, certain time limits dictate how long a legal action can be brought against someone. This is known as a “statute of limitations” and is a part of the legal system in every state, including South Carolina. The rules change from state to state, as the legislature in each state determines what the rules are.

    A very few states, like South Carolina, have no statutes of limitation on criminal acts. But every state, including South Carolina, has a statute of limitations for civil claims, such as a personal injury lawsuit or wrongful death claim.

    Why Statutes of Limitation Matter

    The statute of limitations is an important part of the justice system because it serves to protect the rights of the accused. As time passes, most forms of evidence degrade, so a time limit helps ensure that evidence is fresh, and the case can be tried with the most accurate facts that are available. The time limit also helps ensure that potential defendants aren’t faced with the threat of a lawsuit forever.

    Time Limits for Personal Injury Suits

    The amount of time that an injured person has to file a civil action varies depending on the type of claim. For a DUI accident personal injury lawsuit, typically the time limit to make a legal claim in South Carolina is three years from the date of the injury. Similarly, surviving family members of those who have been killed have three years from the date of death to make a wrongful death claim in court.

    Statutes of limitations are complicated and there are exceptions, but once the time limit is over victims are almost never able to recover damages. Even if you’re not sure that you have a case, contacting a personal injury attorney sooner rather than later can ensure that your legal right to pursue compensation in a court of law is protected.

    Get Legal Help After a DUI Accident

    If you have been injured or lost a loved one due to a drunk driver, the attorneys at the Law Offices of Kenneth E. Berger are here for you. We believe in protecting the legal rights of those who have been harmed, and we want to help you and your family begin the recovery process today.

    To talk about your situation with an experienced, caring legal professional, call us by phone, use our contact form to send an email, or click the live chat box on this page now to arrange a free consultation at our office. We can also make arrangements to visit you if mobility is a problem after your accident, so reach out to us today get started.

     

  • Is the outcome of my civil action against a drunk driver affected by a criminal case?

    Differences Between Civil Lawsuits and Criminal CasesIf you have been involved in an accident caused by a drunk driver, the chances are good that you will want to file a civil lawsuit to recover damages. Although the driver was probably arrested and faces criminal DUI and other possible charges, a criminal conviction will not result in any financial recovery for victims. Criminal courts prosecute crimes and punish wrongdoing, while civil court exists as the legal means for victims to receive compensation for injuries. But how will a criminal case affect the outcome of your civil action against a drunk driver?

    Civil Lawsuits Versus Criminal Cases

    A common misunderstanding about the law is that there cannot be a criminal case and a civil case for the same accident case. This is not true. Criminal and civil courts are entirely separate branches of the law, so a criminal charge doesn’t prevent someone from facing a civil lawsuit. A criminal charge also isn’t necessary to file a civil lawsuit. A conviction is not required, either. You can also file suit against someone who has already been convicted, even if he is in jail already.

    In fact, due to the separation of the legal and civil court systems, a criminal case is not likely to have much bearing on your civil case at all. While your attorney may be able to obtain a limited amount of helpful information from law enforcement officials on the criminal law side of things—such the results of a blood-alcohol test—the outcome of your civil case is ultimately independent of the criminal case.

    Get Legal Help After an Accident

    If you have been injured in an accident caused by a drunk driver, the Law Office of Kenneth E. Berger extends sympathies to you and your family. We are here to help those who have been harmed by negligence or wrongdoing, and we would like to help you start the recovery process today.

    To speak to an experienced legal professional about your accident, please call us by phone, use our contact form to send an email, or click our live chat box now. Our offices are conveniently located in Columbia, and we proudly serve clients from all over the state of South Carolina, including the Myrtle Beach, Sumter, and Florence areas.

     

  • What should I do if I see an intoxicated driver?

    Do You Know What to Do When You See a Drunk Driver on the RoadOne of the most frightening experiences while driving is when you suspect that an intoxicated driver is sharing the road. The unpredictable behavior of someone who is impaired means nothing but danger for everyone on the road. Intoxicated drivers may weave or dart across the road erratically, miscalculate turns, fail to brake or use the brakes at inappropriate times, drift from lane to lane, and otherwise cause havoc for other drivers.

    If you suspect that there is an intoxicated driver on the road, you may need to act to protect yourself and prevent an accident. Drive defensively by staying alert and cautious, and consider taking the following actions:

    • Make sure your safety belt is on. You should always have your seat belt on— it is the law. You may want to double-check that both you and your passengers are secured, though, in case an accident does happen.
    • Keep your distance. Slow down and keep back if you think a driver in front of you may be intoxicated—pull over if you can do so safely. Put as much distance between yourself and that driver as possible. Consider turning down a different street, or even taking the nearest exit as soon as possible if you are on the freeway.
    • Call 911. Please remember that as a driver, your primary responsibility is to ensure the safe operation of your vehicle. While you should contact the authorities as soon as possible, wait until you are in a safe position before attempting to call or ask a passenger to make the call for you. Try to report as much information as you can, including the make, model, license plate—even a partial plate can help—and the location or direction that the driver was headed.

    You should never attempt to pass a suspected intoxicated or drunk driver, because you do not know how they will react before, during, or after the pass. For the safety of yourself and everyone on the road, stay back and let the other driver move further away. You should also never attempt to interact, interfere, or apprehend a suspected intoxicated driver— that is what law enforcement is for. Stay away and call the authorities.

    By remembering what to do when you see an intoxicated driver, you can do your part to keep yourself and our communities safe.

    Get Legal Help After a DUI Injury

    If a drunk driver has hit you, a personal injury attorney can help you seek compensation from the driver responsible for your injuries.

    The Law Office of Kenneth E. Berger is here to help those whose lives have been shaken by a serious injury or death caused by a drunk driver, and we would like to help your family begin the recovery process. To speak with an experienced legal professional about your situation, please call us today, use our contact form to send an email, or click the live chat box on this page right now.

     

  • How does alcohol affect a driver?

    Alcohol Affects Drivers in Many WaysIt seems that not enough drivers in South Carolina are making the responsible decision not to drink and drive. South Carolina consistently ranks amongst the worst states for drunk driving accidents, and over 300 people were killed in DUI crashes in our state alone in 2016. What is it that makes alcohol so dangerous when someone gets behind the wheel?

    How Alcohol Affects Driving

    Alcohol affects the body in many ways. Not only does it take a toll on health over time, the immediate effects make it dangerous to engage in any activity requiring skill, attention, and coordinated movement. Sensory perception is reduced, nerve-to-muscle transmission is impeded, and decision-making and higher brain functions all suffer, leading to effects such as:

    • Altered judgement. Alcohol can make clear thinking, good decision-making, and planning ahead difficult, and can increase risk-taking behaviors—all critical skills for operating a vehicle.
    • Lowered ability to concentrate. Driving a car involves a lot more concentration than many people realize, but when your ability to focus on the many tasks involved in driving goes away, such as steering the car, maintaining a safe speed, staying in your lane, and avoiding other cars, the risk of an accident increases greatly.
    • Loss of coordination. Alcohol causes changes in the parts of the brain that control motor skills, too, which slows down reflexes and decreases the ability to safely steer or use the gas and brake pedals appropriately.
    • Impaired vision. Alcohol relaxes the muscles that control the eyes, causing blurred vision and slower visual reaction time. Alcohol also decreases peripheral vision, meaning that drunk drivers have a difficult time seeing anything that isn’t directly in front of them, including other cars, pedestrians, and other hazards or obstacles in the road.

    As these effects take hold in the body, the intoxicated driver may not sense dangerous situations, react appropriately to a hazard, or be able to control his or her vehicle. This can lead to a serious accident that not only hurts the drunk driver, but also leaves other innocent drivers and passengers seriously injured—or worse.

    Get Legal Help Today

    If you have been hurt by a drunk driver, the Law Office of Kenneth E. Berger is here to help you seek the justice you deserve in a court of law. Not only do we serve clients in the Myrtle Beach, Florence, and Columbia areas, we are here for you no matter where you are in South Carolina. For a free consultation with a legal professional who cares about you and your family, call us by phone, use our contact form to send an email, or click the live chat box on this page now.

     

  • How serious is the drunk driving problem in South Carolina?

    Drunk Driving in South CarolinaIt is easy to think that your chances of being in an alcohol-related crash are low, especially if you are a responsible driver yourself and make the choice to never drive when you have been drinking. However, drunk driving is a serious problem both nationally and right here in South Carolina. All it takes is one accident with a drunk driver to change your life forever, leaving you or a loved one with severe, permanent injuries—or even your life.

    DUI Statistics

    Drunk driving incidents are more common than many people realize. Over a million drivers were arrested for DUI across the nation in 2015, according to Centers for Disease Control and Prevention data, and more than ten thousand people were killed in DUI crashes. So where does South Carolina stand?

    The fact is that our state ranks consistently amongst the worst states for drunk driving. Here in South Carolina, a full one-third of all fatal accidents in 2016 involved a driver with a blood alcohol level (BAC) at or above the legal limit—331 lives were lost that year.

    Of particular concern in South Carolina are Myrtle Beach and the surrounding areas. The Grand Strand is well-known for being a highly-trafficked route through the region. With tens of thousands of visitors coming to enjoy the sights, sounds, and party atmosphere of the local area, it means that the risk of a DUI accident is disproportionately high all across Horry County—where a traffic accident happens every 48 minutes, according to the South Carolina Department of Public Safety.

    Legal Help After a DUI Injury

    If you have been hurt or a loved one has been killed by a drunk driver, you have our deepest sympathies. We are here to help those who have been hurt recover from drunk driving injuries by seeking financial compensation in a court of law, and we would like to be there for your family in your time of need, too. We proudly serve those who have been injured in DUI crashes caused by other drivers in the Myrtle Beach, Florence, Sumpter, Lexington, and Columbia areas, and across the entire state of South Carolina, as well.

    To speak to an experienced legal professional who cares about your case, please call us today, use our contact form to send us an email, or click the live chat box on this page right now.

     

  • How do Drunk Driving Accidents Differ from Other Accidents?

    Drunk Driving Accidents and Civil LawCrashes caused by drunk drivers can be devastating. There is simply no excuse for somone to become intoxicated, then get behnd the wheel, yet it continues to happen in South Carolina. Not only do these wrecks tend to be more severe, they are also different legally. Here’s what you should be aware of if you’ve been injured by a drunk driver.

    Criminal Law Versus Civil Law

    One of the biggest sources of confusion after a driving under the influence (DUI) accident involves the difference between civil and criminal cases. It’s true that driving under the influence is a crime, and civil authorities will pursue drunk drivers in order to carry out the law. However, the criminal case does not address compensation for items such as medical bills. To hold the driver - and their insurance company - financially responsible, you will need to file an insurance claim, and potentially a lawsuit in our civil courts.

    It’s a common misconception that you can’t sue someone who is facing criminal charges. Nothing could be further from the truth. The civil and criminal justice systems function independently of one another, and you absolutely can bring a civil action against someone who is being prosecuted criminally. Being convicted and in jail affords no protection from a civil suit. However, a conviction isn’t necessary to begin your civil case, as the standards of evidence in civil court are different than criminal court. Moreover, an acquittal or dismissal of the criminal charges in no way impacts your ability to hold the drunk driver accountable financially under South Carolina's civil system. Put simply, the criminal and civil DUI cases are completely independent of each other.

    Punitive Damages in DUI Cases

    After an auto accident, you may seek "damages" for expenses such as hospital bills, physical therapy, lost wages, diminished earning capacity, repair or replacement of your property, physical pain, lost quality of life, and more. In addition, punitive damages may also be sought against the drunk driver. Punitive damages are designed to punish particularly bad behavior, as well as provide a warning to anyone in the future who may commit similar acts. Punitive damages may be awarded to victims when the accident was caused by gross negligence or recklessness, which is inherently present in drunk driving accidents.

    Help for DUI Accident Victims

    If you’ve been injured in an accident that was caused by a drunk driver here in South Carolina, the Law Office of Kenneth E. Berger is here to help. We represent those who have been hurt, not drunk drivers, and we can help you navigate the complex world of insurance companies, personal injury lawsuits, damage awards, and medical liens. To schedule a free consultation with us, please call our office, use the contact form to send an email, or click the live chat box on this page. Our office is conveniently located in Columbia, and we serve a wide area across the entire state, including the Lexington, Greenville, Charleston, and Myrtle Beach areas.

    For answers to questions you have about car accidents and DUI issues right now, please download our book, “Safety First, Justice Always: Your Guide to South Carolina Auto Accident Law.” It’s completely free and can help you understand your rights as a victim after a crash.

     

  • What is the Statute of Limitations Against CSX and Amtrak in SC?

    Anyone injured in the 2018 collision between the Amtrak passenger rail and CSX cargo train will likely have 3 years to bring a lawsuit under the laws of South Carolina. Nonetheless, because South Carolina law only allows 2 years to bring suit against government defendants, and since various state agencies responsible for railway maintenance may ultimately be named as defendants based on their own negligence, I would encourage you to not to wait. Likewise, I could foresee lawyers for the train companies arguing that the statute of limitations from other states actually apply, with some potentially being as short as one year.

    This answer is not intended to make you feel rushed, but rather help you stay informed of your rights so that those rights may be protected. The statute of limitations in all civil cases - whether state or federal - is critical because missing it often serves as an absolute prohibition against bringing suit or obtaining recovery. For additional information regarding the CSX-Amtrak wreck, please visit our train accident page.