Automobile Accidents & Personal Injury
Darrell understands getting injured can be frustrating and cause significant stress. The difficulty in navigating conversations with the insurance company, medical expenses, and missing time from work can be overwhelming. Furgess Law is here to be a guide in the process. Darrell knows it takes more than legal knowledge to be an effective personal injury attorney. It takes preparation, hard work, and a willingness to explore creative approaches to obtain favorable outcomes.
If you’ve been injured by no fault of your own, there are different types of damages that you can be compensated for. Generally, compensation can include recovery for bodily injury, property damage, and punitive damages.
- Medical expenses
- Future medical expenses
- Permanent injuries and scarring
- Lost wages
- Loss of enjoyment of life
- Pain and suffering
- Loss of earning capacity and future wages
- Repairs of property
- Value of property (total loss)
- Devaluation of property
Punitive damages are used to punish the opposing party for the harm or injury they caused by their reckless/grossly negligent actions.
Car accidents are common and occur every day in South Carolina. Many times, these accidents can lead to serious or fatal injuries and can have long term effects whether physical, mental and financial. The automobile insurance companies have years of experience in managing claims and limiting their exposure.
It’s important to protect yourself, your family, and your rights. Here are a few things to consider after an accident:
- Report the accident
- Obtain the other driver's insurance and contact information
- Take pictures of the vehicles and the scene of the accident
- Get contact information of witnesses
- If you are injured, get treatment as soon as possible
- Report all injuries or pain
- Submit your medical bills to your health insurance
To discuss your personal injury case or to schedule your free initial consultation, give Furgess Law a call for professional legal assistance.
Criminal Defense
South Carolina Circuit Courts are divided into two divisions:
- General Sessions (criminal court); and
- Common Pleas (civil court)
General Sessions Court handles felony and misdemeanor criminal cases ranging from those with a penalty of more than 30 days and / or a $500 fine to those carrying the death penalty.
The Magistrate and Municipal court system handles misdemeanor offenses with a penalty of 30 days or less and / or a fine of up to $500.
Every case is different. However, some steps or phases in a criminal case could include:
- Bond hearing
- Preliminary hearing
- Grand Jury
- First appearance (“Roll Call”)
- Second appearance
- Trial
- Appeals
Don’t go through the criminal proceeding process alone- hire Furgess Law to advocate on your behalf. Give Darrell a call at (803) 605-6464 for a free phone or virtual consultation. All conversations between potential clients and Furgess Law remain entirely confidential.
DUI in South Carolina
Have you been arrested or charged with DUI? DUAC?
THE LAW
SC Code § 56-5-2930
It is illegal to operate a vehicle while impaired by alcohol or drugs in South Carolina.
In my experience, prosecutors and law enforcement typically prove DUIs by showing visible signs of intoxication (slurred speech, bloodshot eyes, unsteady feet, or inability to balance), ability to drive vehicle (swerving or swaying in and out of lane), and Blood Alcohol Concentration above legal limit.
However, South Carolina DUI statute provides complex and strict guidelines for South Carolina law enforcement officers to follow when completing a traffic stop. A failure to adhere by law enforcement could result in the State being unable to prove their case or a dismissal before trial.
DUAC
DUAC does not consider driving “impairment”, ONLY alcohol concentration. Therefore, you can be charged if your blood alcohol content (BAC) is over the legal limit of .08, even if your driving ability is not impaired. In South Carolina, for DUAC the original testing of the person’s breath or collection of other bodily fluids must be performed within two hours of the time of arrest and reasonable suspicion existed to justify the traffic stop.
However, remember the penalties for DUAC and DUI are identical.
Residual/ Collateral Consequences
- Suspended Driver’s License
- Increase of Insurance rates/ SR-22 Insurance
- Court Costs/Fines
- Jail Time
- Employment limitations/Risk of Termination
While working your DUI case there are an array of factors South Carolina Law allows to be considered.
- Time between arrest and breath/blood testing
- Whether there was proper consent to testing
- Field sobriety testing
- Whether there was verbal and written notice of rights
- Whether a qualified person took and tested samples
- Evidence of driving
- Evidence of amount of alcohol consumed
- Video recording of traffic stop, field sobriety test, and at testing faculties
- And more.....
These factors along with the totality of evidence provided at trial may be used by the jury to determine guilt or innocence.
DUI and DUAC convictions are NOT eligible for expungement from your criminal record. Don’t take the risk, call Furgess Law.