Frequently Asked Questions – Dayson Shalabi Burkett Law Firm, LLC

in Columbia and Charleston, SC
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1. If I’m injured while at work, who is liable?

An employer is responsible for keeping their workplaces safe and hazard-free for employees. So, companies are responsible for employee injuries even if the employee is at fault for their own accident/injury. However, there are a few limited exceptions to this. For example, employers may not be liable if the employee intentionally hurt himself/herself.

2. If I’m hit by a drunk driver, who is responsible?

The drunk driver if this person hits your vehicle. Sometimes, a driver will be forthcoming and admit their guilt to law enforcement after an accident. Whether or not any drivers admit fault, law enforcement will investigate accident scenes to share their findings. Additionally, bars who served the drunk driver may also be liable.

3. If my neighbor’s dog bit me unprovoked, who is to blame?

South Carolina is a strict liability state. In other words, even if the dog owner was not negligent, they are still liable for injuries caused by their dog biting or attacking an individual. There are two exceptions to this: 1) the victim must not be trespassing where the attack occurred; and 2) the victim must not have provoked the dog. Otherwise, the dog owner will be liable for their dogs.

4. Who is at fault if someone is hurt on my property and I have signs posted?

Property owners must keep their property free of any danger or hazards. Premises liability, or someone getting injured on another party’s property, typically involves looking over several vital factors. One factor is that your signs should be visible and accessible for guests to read. It’s also vital to consider if your guest risked bodily harm after seeing signs that provided a clear warning. Comparative negligence can also come into play, where a deciding party rules that you and your guest share fault. Additionally, the property owner should or should have known about the hazard that caused the injury. This is called “notice” and can oftentimes be the property owner’s strongest defense.

5. Is the company to blame if a trucker loses part of a load and I’m injured?

Blame can fall on one or multiple parties after a truck accident. It depends on what caused a trucker to lose part of the load that resulted in your injuries. For instance, the trucker could have lost a partial load due to being drunk or otherwise impaired by drugs. A trucking company would be liable if its practices led to improper cargo loading or if the business did not train its employees properly.

6. How long will my case take?

Unfortunately, we can’t say. No one can. However, you can rest assured that Dayson Shalabi Burkett Law Firm, LLC, will work tirelessly toward your potential victory or settlement as quickly as possible. However, we will never recommend you accept a settlement that is lower than what we believe your case may be worth.

7. Do you offer a free consultation?

Yes! Dayson Shalabi Burkett Law Firm, LLC, offers free consultations. Whether you need legal assistance after an injury automobile accident or when facing potential criminal charges, we believe you shouldn’t have to pay for a consultation. Our law firm only receives payment if you receive a settlement or verdict in your favor. We do not get paid unless you do.

8. How do I know if I qualify to make a claim?

Find out through a free consultation. This consultation also lets our experienced legal team listen to and look over the details of your potential claim. After someone from our law firm looks over your evidence and other information, we will let you know if you qualify to make a claim.

9. What does informed consent mean?

Informed consent is a law primarily used in medical and research communities, ensuring that a patient, research subject, or someone in a similar position has all relevant information about a procedure, medication, or other type of medical treatment. This information can include possible outcomes, drawbacks, and side effects a patient could encounter.

10. Do I need a lawyer for a worker’s compensation claim?

While you may not need one, a lawyer is a guiding light that helps you navigate what can often be a complicated process. Insurance adjusters are not looking after your best interest. Lawyers also represent you during conversations with your employer, which can quickly become nerve-wracking for a former or current employee. Lawyers also help negotiate.

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