The post A Mesothelioma Attorney Can Fight for Your Right to Compensation appeared first on Lowcountry Law, LLC.
]]>What Is Mesothelioma?
Mesothelioma is a type of cancer attacking the thin layer covering many major organs, including the lungs. Mesothelioma is one of the worst types of cancers, and it’s aggressive and deadly.
Symptoms of mesothelioma usually depend on the affected area but could include:
The symptoms of mesothelioma are treatable, but the cancer is unfortunately incurable.
What Causes Mesothelioma?
Mesothelioma is most often caused by asbestos exposure. Individuals working directly with asbestos or with products containing asbestos are most at risk of developing mesothelioma.
Asbestos can be found in many places, from homes and schools to workplaces and military structures.
Mesothelioma is a unique type of cancer, and it can take up to 20-50 years for it to develop and symptoms to begin after asbestos exposure.
Usually, after repeated exposure, this cancer can develop in the following way:
If you believe you’ve had exposure to asbestos and could be at risk for developing mesothelioma, it’s best to keep a close eye on your health.
Can I Sue If I’m Diagnosed with Mesothelioma?
In many cases, yes, you can sue if you have mesothelioma. Filing a lawsuit with a mesothelioma attorney usually involves determining the cause of your diagnosis and then suing the responsible party for their negligence in failing to warn you of potential exposure.
Taking legal action against the at-fault party allows you to pursue justice for their wrongdoing and obtain financial recovery for your injuries, harm, and losses.
Potential Compensation for Mesothelioma
When you file a lawsuit for a mesothelioma diagnosis, you’re holding the responsible party financially responsible for your harm.
Damages compensate you for the losses associated with your diagnosis and can include:
A mesothelioma attorney can review the details of your case and illness and determine how much your case is worth. Knowing the value of your case helps your attorney pursue full and fair compensation on your behalf.
What If My Loved One Passed Away from Mesothelioma?
If your loved one passed away from mesothelioma, contact a mesothelioma attorney, you might have a valid wrongful death claim.
A wrongful death claim allows a victim’s surviving family to recover for their losses, both financially and otherwise. The victim’s estate files the lawsuit on behalf of the family, and the compensation goes to eligible family members, including spouses and children.
If You’re Diagnosed with Mesothelioma, Speak to a Mesothelioma Attorney Right Away
Lowcountry Law, LLC understands the difficulties a victim of mesothelioma and their family face daily. Our legal team is ready to fight for your rights to compensation while providing the compassion and kindness you need during a particularly challenging time.
We have offices in Mount Pleasant and Myrtle Beach, South Carolina. Contact us today to request your complimentary consultation.
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]]>The post An Elder Abuse Attorney Can Begin Repairing Your Future appeared first on Lowcountry Law, LLC.
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What Is Elder Abuse?
Elder abuse, as the name indicates, refers to the abuse of an elderly person. Abuse can take many forms and is usually perpetrated by an individual with whom the victim has a trusting relationship.
Types of Elder Abuse
While many believe elder abuse involves only physical abuse, that is just one of the many forms of abuse. The types of elder abuse are as follows:
It is common for an abused elderly person to experience multiple forms of abuse at once. An elder abuse attorney can evaluate claims to determine the appropriate legal strategy to seek compensation.
Warning Signs Indicating Elder Abuse
Usually, there are clear warning signs that an elderly person may be experiencing abuse. These include:
In many cases, elder abuse victims try to hide their abuse or emotions from concerned family members, often for fear of repercussions. If you see any red flags or potential issues with your loved one, don’t wait to take action, contact an elder abuse attorney today.
Where Does Elder Abuse Happen?
Elder abuse usually happens where the elderly person lives or spends the most time. These locations include:
Elder abuse can even happen in the person’s own home.
Liability for Elder Abuse
Liability for elder abuse depends on who is abusing the victim.
In a majority of cases, elders are abused by nurses or caregivers. While it is usually one person who commits the abuse, that liable individual is most likely employed by the facility.
Sadly enough, family can also be to blame for elder abuse. If an elderly person’s family member is abusing them, they would be liable.
If Your Loved One Has Suffered Abuse at the Hands of Another, Speak with an Elder Abuse Attorney Right Away
Lowcountry Law, LLC fully understands the heartbreak, anger, and frustration people feel after learning their loved one has suffered abuse. While monetary compensation cannot fix the past, it can help hold the responsible party accountable for your loved one’s harm and relieve some financial strain.
Contact our firm today to schedule your complimentary consultation.
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]]>The post Mount Pleasant Accident Attorney appeared first on Lowcountry Law, LLC.
]]>When you’re in an accident and suffer harm, you may have a valid claim for personal injury.
Personal injury is the area of law allowing injured victims to hold the responsible party liable for the wrongdoing that caused them harm. Additionally, filing a personal injury lawsuit gives victims the opportunity to pursue fair compensation to cover the financial losses they’ve suffered.
After you have sustained injuries in an accident, a Mount Pleasant accident lawyer can accurately assess your case and determine the best course of action to seek financial recovery on your behalf.
Accidents happen every single day for many reasons. Some of the most common types of accidents giving rise to personal injury cases include:
While accidents can occur because of negligence or intentional acts, negligence is the most common cause of accidents and injuries.
Establishing a party’s liability is critical in order to pursue monetary damages.
When the other party’s negligence causes your accident and injuries, you’ll need to prove they were negligent. Proving negligence is often achieved with the assistance of strong evidence, including:
Establishing negligence requires you to satisfy the four required aspects of negligence:
Liability can be a challenging topic, but an experienced accident attorney has the right tools to get the job done.
Monetary damages may be available to you after you have suffered injuries in an accident. The type and amount of damages you’re eligible to receive depend on the details of your accident.
Compensatory damages can include:
Your accident attorney can review several factors and details to calculate your damages and determine the value of your case. Being equipped with the knowledge of how much your case is worth allows your lawyer to go into settlement negotiations ready to fight for the fairest possible outcome.
Lowcountry Law, LLC has extensive experience helping clients injured in accidents pursue the financial recovery they need and deserve. We know the negative impact an accident can have on your life and understand how fair compensation can help turn that around.
We serve clients in Mount Pleasant and Myrtle Beach. Contact us today to request your complimentary consultation, and let’s discuss how we can help you.
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]]>The post If Your Vacation Takes a Turn for the Worse, Rely on a Vacation Injury Lawyer appeared first on Lowcountry Law, LLC.
]]>Vacation injuries can happen just about anywhere and at any time during your vacation. Some of the places you could potentially experience a vacation injury include:
Some of the most common causes of vacation injuries include:
The list of locations and causes of vacation injuries is endless. If you suffer any type of harm during your vacation that was brought on by something out of your control, make sure to discuss your situation with a vacation injury lawyer.
The type of vacation injury you suffer is closely tied to the type of accident or incident that caused it and where it all happened. Some of the common types of vacation injuries include:
Vacation injuries can range in severity, but they often require medical treatment well into the future. Obtaining financial compensation can help counteract the negative financial pressure you’ll likely feel after suffering a vacation injury.
Yes, if you suffer a vacation injury caused by another party’s negligence, you can sue for compensation.
It is important to note that just because you suffer a vacation injury does not mean you have a valid claim for personal injury. Accidents happen, but it doesn’t always mean anyone was at fault.
A valid claim for a vacation injury has to involve a negligent or intentional act or omission of another party. For example, if you sustained injuries because you tripped on loose flooring in a hotel lobby, the hotel would likely be liable for your injuries.
Determining liability can be tricky, but a vacation injury lawyer uses their skills and experience to build a strong case and fight for fair monetary recovery.
Suffering a vacation injury is frustrating, to say the least. At Lowcountry Law, LLC, we can take the right steps to hold the responsible party accountable for your harm and pursue the compensation you deserve.
After sustaining injuries on vacation, contact us to schedule a complimentary case review.
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]]>The post A Premises Liability Lawyer Can Put You on the Path to Financial Recovery appeared first on Lowcountry Law, LLC.
]]>Premises liability is a legal concept arising from cases where an individual suffers injury as a result of an unsafe condition on someone’s property.
A majority of personal injury cases involve negligence — premises liability cases are no different. When establishing negligence for a premises liability case, victims need to prove the property owner owed them a duty of care and breached this duty, therefore resulting in their accident, injuries, and other losses.
Just because you suffer an injury on someone’s property does not automatically mean you have a valid premises liability case. You must prove the property owner or occupier knew or should have known of the dangers on their property and failed to do anything about it.
A premises liability lawyer can review the details of your case and determine whether you have a claim. If so, they will build a strong case on your behalf and pursue the fairest possible compensation.
Premises liability cases can arise for several different reasons. Injuries sustained on another’s property are usually caused by at least one of the following:
Accidents or incidents involving premises liability can happen almost anywhere, from homes and apartment complexes to hotels and retail stores.
Property owners and occupiers owe most individuals a duty. However, the type of duty depends on the legal status of the visitor. Keep reading as our premises liability lawyer defines these duties.
Invitees are invited onto the property by the owner. Invitees are usually customers going into businesses such as stores or supermarkets. Property owners owe invitees a duty to keep their premises safe at all times to avoid harm.
A licensee is given consent to enter the property, for example, when a homeowner invites a friend over. Property owners do not have to make their property safe for licensees, but they do have a duty to warn them of any potential dangers.
Trespassers have no legal right to be on the property. As a result, property owners do not owe trespassers a duty.
If you’re injured on another person’s property, you may be entitled to financial recovery for your injuries and other losses.
Damages for premises liability cases could include:
A premises liability lawyer can determine who’s at fault for your injuries and hold them responsible for your tangible and intangible losses.
Our premises liability lawyer at Lowcountry Law, LLC is passionate about helping injured clients obtain a fair monetary recovery for their physical and mental harm. We use our skills and resources to handle claims from beginning to end. From conducting a thorough investigation to engaging in settlement negotiations — we’ve got you covered.
We serve clients in Mount Pleasant and Myrtle Beach, South Carolina, and the surrounding areas. Contact us today to schedule your free consultation.
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]]>The post Turn to a Hospital Negligence Lawyer for Legal Guidance appeared first on Lowcountry Law, LLC.
]]>Hospital negligence occurs when a healthcare worker who is an employee of a hospital causes you harm as a result of a negligent act or omission.
Medical providers, including doctors and nurses, are held to a high standard. They are expected to deliver a certain standard of care. When a healthcare worker fails to treat a patient within the standard of care another similarly situated provider would follow, they’ve acted negligently.
Similarly, hospitals and healthcare facilities are held to the same standard of care.
Hospital negligence cases fall under medical malpractice. A victim can file a case with the help of a hospital negligence lawyer to hold the hospital and responsible provider liable and pursue financial recovery.
While healthcare providers are human and are capable of making mistakes, some actions or omissions can leave a patient facing severe physical and mental harm. Some of the most common examples of hospital negligence are as follows.
Misdiagnosis occurs when a healthcare provider diagnoses a patient with the wrong medical condition. This could lead to the patient failing to get the proper treatment or receiving potentially harmful treatment for a condition they don’t have.
Failing to diagnose a medical condition could have dire consequences. When a patient is not properly and promptly diagnosed, they don’t get the treatment they need. This can result in the worsening of their illness or even death.
Problems with prescription medication include prescribing the wrong dose or failing to warn a patient of possible side effects or drug interactions.
When a patient goes through a medical or surgical procedure, they usually require follow-up care. Because patients are typically unaware of the type of care they require, they rely on doctors to guide them. Lack of follow-up care could cause the patient harm. When this happens, contacting a hospital negligence lawyer may be necessary.
Surgery leaves much room for error. Some of the most common surgical mistakes include:
Issues in surgery could cause the patient physical injury or the need for follow-up surgeries.
A patient who needs intensive medical care is best situated in a hospital around doctors and nurses. If a patient is released before they should be, this could result in health complications.
Doctors have a duty to warn patients of possible side effects or dangers associated with medications or procedures. Failing to do so could cause a patient to take a medication or undergo a procedure that is harmful to them.
Filing a medical malpractice lawsuit for hospital negligence could help you obtain fair compensation for your injuries and losses. A hospital negligence lawyer can provide the legal guidance you need.
Lowcountry Law, LLC is passionate about helping injured patients hold negligent providers and healthcare facilities accountable. We have the skills and experience necessary to handle your claim and fight for your right to financial recovery.
Contact us today to request a complimentary consultation.
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]]>The post Our Mount Pleasant Injury Lawyer Wants to Protect Your Rights and Fight for Compensation appeared first on Lowcountry Law, LLC.
]]>Understanding Personal Injury
A personal injury refers to physical or mental harm caused by another party.
If another person or entity causes you harm, you may have a valid claim for personal injury. Personal injury law protects injured victims, allowing them the opportunity to pursue justice and financial compensation for the wrong done to them.
A personal injury lawyer is best equipped to handle your injury claim. Injury lawyers understand the laws and procedures related to your case, know how to handle insurance companies, and have the right tactics to pursue monetary recovery on your behalf.
Most Common Types of Personal Injury Cases
There are numerous types of personal injury cases in South Carolina. Some of the most common kinds of cases include:
Personal injury lawsuits regularly arise from accidents, intentional acts, or malfunctioning/defective products.
If you suffer harm caused by a person or product, you may have a valid claim for personal injury.
Holding a Negligent Party Accountable for Their Wrongdoing
While injury cases can involve intentional acts, most injury claims stem from negligence. Negligence is defined as a failure to act in a reasonable manner that another similarly situated party would’ve acted.
To successfully establish that the other party was negligent, you must satisfy the four requirements for negligence:
Proving the other party’s negligence requires strong evidence, which could include any of the following:
Establishing the other party’s liability is a critical part of pursuing financial compensation for your injuries. You can trust your Mount Pleasant injury lawyer to do everything necessary to demonstrate the other party’s fault and fight tirelessly for your right to monetary recovery.
Count on Our Mount Pleasant Injury Lawyer to Handle Your Injury Case
Lowcountry Law, LLC is fiercely dedicated to assisting injured clients and providing high-quality legal representation. When someone causes you harm, you deserve to hold them accountable for their actions and pursue the compensation you’re owed for the losses they caused.
Attorney Matthew Breen is ready to put you on the path to financial recovery in the hopes of achieving a more hopeful future and relieving financial strain.
Contact us today to request a complimentary consultation to get started.
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]]>The post If You’ve Been Injured in a Bike Accident, Trust the Legal Guidance of a Bike Accident Lawyer appeared first on Lowcountry Law, LLC.
]]>Bike accidents happen for some of the same reasons that other accidents occur, but accidents involving bike riders are more severe.
A bike offers riders none of the protection they’d have from a vehicle in the event of an accident. Therefore, bike accidents often result in more significant injuries to riders.
Drivers should always keep both eyes on the road and drive responsibly. Driving carefully involves paying attention to surroundings to avoid accidents, but unfortunately, drivers still manage to cause bike accidents frequently.
Bike accidents most commonly occur for the following reasons:
In a majority of cases, bike riders are minding their own business, riding their bikes as they should, when a driver unexpectedly collides with them, leaving riders with extensive injuries.
Because riding a bike can be so unsafe, bike accidents notoriously produce serious injuries, like:
The injuries a bike accident victim experiences depend on several factors, including how the car collided with the rider and the speed at which the driver was going at the time of the accident.
In many cases, bike accident injuries require long-term medical care and may even result in lifelong consequences, which is why it’s important to seek help from a skilled bike accident lawyer.
If you’re involved in a bike accident, and it is the driver’s fault, it would not be fair for you to be responsible for the financial losses. Monetary damages can help compensate you and relieve some of the undue financial burdens.
Potential damages you could receive for a bike accident in South Carolina include:
Determining the true value of your case is imperative to ensure you’re getting the fairest possible compensation. A bike accident lawyer can calculate your damages based on your specific case and circumstances and fight diligently to get you the financial recovery you’re owed.
The legal team at Lowcountry Law, LLC is experienced in helping injured bikers pursue compensation for the injuries and losses suffered in a bike accident. If you suffer harm due to someone’s negligence, we want to help you hold them accountable and seek justice for their wrongdoing.
Contact us today to schedule a complimentary consultation with our bike accident lawyer in either Mount Pleasant or Myrtle Beach, South Carolina.
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]]>The post Rely on an Asbestos Exposure Attorney to Represent You appeared first on Lowcountry Law, LLC.
]]>What Is Asbestos?
Asbestos refers to a group of six minerals. Because these fibers are heat and corrosion-resistant, they are used in many products, including:
While asbestos serves many purposes for materials and products, exposure is dangerous for humans.
Extensive asbestos exposure could result in serious illness. Those most at risk are workers with repeated exposure to asbestos or products made with asbestos, including construction workers.
While asbestos exposure is not as prominent as it once was, it is still possible to see the effects because asbestos can remain, and conditions can develop several years after exposure.
Health Complications Associated with Asbestos Exposure
The most common medical conditions resulting from asbestos exposure include:
While asbestos exposure can cause many types of illnesses, mesothelioma is by far the most common.
Mesothelioma is a very serious type of cancer caused by asbestos exposure. It affects the thin tissue covering major organs, including the lungs and heart. Mesothelioma is unique, as it can take up to 50 years for this cancer to develop after asbestos exposure.
Asbestos is made up of tiny, airborne fibers. When exposed to asbestos, you can inhale or swallow these fibers without noticing. The fibers embed themselves in your organs, like the lungs and heart, and damage cells. Eventually, tumors form, leading to cancer, including mesothelioma.
Illnesses from asbestos exposure can be quite serious. Mesothelioma, for example, is deadly and has no cure.
Can I Sue for Illnesses Related to Asbestos Exposure?
If your illness is related to asbestos exposure, you can file a lawsuit against the responsible party.
For example, those working in the military or manufacturing may have had extensive exposure in the past at previous job sites. In a situation like this, the victim could prove they failed to receive a warning of potential exposure, resulting in their asbestos-related medical condition.
If you’re diagnosed with an illness related to asbestos exposure, discuss your circumstances with an asbestos exposure attorney as soon as possible.
What If My Loved One Passed Away Due to Asbestos Exposure?
If your loved one passed away before they had the opportunity to take legal action for their asbestos exposure-related illness, it might not be too late. You may have a valid claim for wrongful death. A wrongful death lawsuit lets a victim’s family recover financially from the losses they’ve experienced.
The personal representative of the victim’s estate is allowed to file the wrongful death lawsuit on behalf of the surviving family. Family members, including spouses and children, can benefit from the settlement or judgment.
An asbestos exposure lawyer can provide valuable legal guidance if a loved one passes away due to asbestos exposure.
Lowcountry Law, LLC provides aggressive representation in the fight to get you the financial recovery you deserve. We approach asbestos exposure cases with the compassion they require while working diligently to get the most favorable outcome.
Contact our firm today to request a complimentary consultation, and let’s discuss your case.
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]]>The post Attorney Matthew Breen Stands Up for Canine Victim and Pet Owners in South Carolina appeared first on Lowcountry Law, LLC.
]]>While the story continues to unfold, it’s crucial to highlight the pivotal role of Matthew Breen, the managing partner of Lowcountry Law, LLC, as he champions the fight for justice on behalf of the dog’s distraught family. In this ordeal, Breen proves to be not just a mere lawyer, but a beacon of hope for those seeking justice in such devastating situations.
Breen’s legal acumen shines through, as he provides much-needed counsel, stating the family can decide to sue the driver for negligence. He meticulously outlines the scenario, explaining that, depending on the solicitor’s decision, the driver could face charges as severe as a hit-and-run.
While emphasizing the importance of diligence in protecting pets, Breen sagely advises, “You want to make sure that you protected your pet to the greatest extent that you could, and if they’re injured, that you can recover civilly against the wrongdoer who injured your pet.”
In South Carolina and beyond, instances like these underscore the need for knowledgeable, compassionate legal representation. Fortunately, attorneys like Matthew Breen, equipped with an in-depth understanding of law and an unwavering commitment to justice, step up to safeguard the rights of the most vulnerable.
If you find yourself in a similar plight, grappling with a situation where you need legal advice to seek the justice you deserve, look no further than our office. Attorney Matthew Breen is ready to fight for your rights and deliver justice.
Whether you’re in South Carolina or elsewhere, remember that your fight for justice doesn’t have to be a lonely one. We’re here to walk you through the labyrinth of law, ensuring that every turn you take is a step closer to justice.
Your fight is our fight.
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]]>The post Car Accident Damages Can Help You Recover Financially After a Collision appeared first on Lowcountry Law, LLC.
]]>Car accidents can happen in any way. However, the most common types of car accidents include:
No matter the kind of car accident, one thing is certain – you can suffer injuries in any type of collision.
Car accidents can happen anywhere, anytime, and for several different reasons. Some of the most frequent causes of car accidents include the following:
If you suffer injuries after a car accident, you should consider holding the responsible driver accountable for their actions. A car accident attorney can help protect your rights and pursue financial recovery on your behalf.
Injuries from car accidents can vary greatly, as it highly depends on the details of your situation, including the type of car accident and severity of the collision.
Generally, some of the most common car accident injuries include:
Your injuries may require substantial medical treatment, putting you in a financial bind. Recovering car accident damages can help relieve some of the financial pressure, allowing you to focus on your physical recovery.
Ultimately, the car accident damages available to you depend on your case. Damages compensate you for your injuries, financial burdens, and other losses associated with your accident.
Car accident damages could include the following:
Figuring out what damages you may be entitled to receive can be challenging, but a car accident attorney can review your case details to determine the value of your case. Knowing how much your case is worth can help ensure you receive fair compensation.
Your car accident attorney can review your case to weigh certain factors and determine how much your case is worth. The following details can affect the value of your case:
These and other details can help answer the question of value to determine your car accident damages.
Lowcountry Law, LLC is passionate about helping clients injured in car accidents seek the damages they deserve. We’re dedicated to our clients and do everything we can to seek justice on their behalf.
If you’ve been injured in a car accident, do not hesitate to contact our office to schedule a complimentary consultation.
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]]>The post Choosing the Best Personal Injury Lawyer for You appeared first on Lowcountry Law, LLC.
]]>What Makes a Good Personal Injury Lawyer?
There is no straight answer to this question, as everyone has a different definition however, the following are some characteristics of a good personal injury lawyer.
Knowledge and Experience
The best personal injury lawyer has extensive knowledge, experience, and skills. They’re familiar with personal injury law, procedures, and how to properly and efficiently handle personal injury lawsuits.
Successful Case Results
Good personal injury attorneys have successful track records from previous cases. While there is no average settlement or judgment amount for personal injury cases, a successful outcome adequately compensates victims for their injuries and losses.
Satisfied Clients
A good personal injury attorney has clients willing to speak about their positive experiences. Having happy clients is one of the biggest accomplishments of a personal injury lawyer.
Kindness and Compassion
A good personal injury lawyer should be kind and compassionate toward their clients. A good attorney knows how to balance fierce representation with showing care and concern for their clients.
Communication
The best personal injury attorneys are willing to communicate. While lawyers are busy and not always available, they should make the time to answer emails and call clients back within a reasonable time.
A good personal injury attorney will be there for you if you have questions or need a status update on your case.
Questions to Help You Choose the Best Personal Injury Lawyer
The best personal injury lawyer will offer free initial consultations. During your meeting, you’ll sit down with your potential attorney and get to know them while they gather information about your injury and provide legal advice.
Asking questions is one of the best ways to get to know your prospective attorney and hone in on what matters most to you.
You can ask your attorney questions regarding their legal background, including:
You can ask specific questions regarding your case, including:
Finally, you can ask questions regarding legal fees and settlements, like:
Attending your consultation with questions helps ensure you don’t forget anything important. Getting to know your attorney helps make your decision easier.
If You’re Looking for the Best Personal Injury Lawyer, Choose Lowcountry Law, LLC
Attorney Matthew Breen of Lowcountry Law, LLC has earned the respect of the legal community and past clients due to his dedication and passion. A graduate of The Citadel, Attorney Breen understands the importance of hard work, discipline, and integrity – all principles he’s carried into his legal career.
Contact us today to request a complimentary consultation.
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]]>The post A Lyft Accident Attorney Can Get You on the Path to Financial Recovery appeared first on Lowcountry Law, LLC.
]]>To help ensure the safety of drivers and their passengers, Lyft has several requirements that potential drivers and their vehicles must meet to begin working.
Before the applicant can drive for Lyft, a person must:
For a driver to be able to work for Lyft, their vehicle must:
Additionally, Lyft has certain time requirements for drivers while on the job. If a driver has been working 12 hours in one day, whether consecutive or not, they must take a mandatory minimum six-hour break. This is because driver fatigue can be a significant problem, increasing the chances of collisions.
Aside from the above requirements, Lyft also has insurance requirements.
Lyft drivers must maintain their own auto insurance policy that meets state minimum requirements under the law. In South Carolina, minimum car insurance coverage includes:
Lyft also has insurance protection for drivers. However, insurance protection depends on the status of the driver at the time of the accident.
If a driver has the app on and is waiting for a ride request at the time of the collision, coverage includes:
If a driver is working and is either on their way to pick up a passenger or has a passenger in their vehicle, coverage includes:
If a driver has their app off and is not working at the time of the accident, their own car insurance coverage applies.
Liability depends on who caused the car accident.
If the other driver (not your Lyft driver) is responsible for causing the accident, they could be held liable. You could pursue compensation from their insurance company.
If your Lyft driver caused the collision, the driver would be liable. However, even if the driver is responsible, liability may shift to Lyft since the driver was working at the time of the accident.
Determining liability can be tricky, but a Lyft accident attorney can decipher what caused the accident and who’s at fault.
The legal team at Lowcountry Law, LLC can handle your Lyft accident claim, working diligently to get you the compensation you deserve for your injuries and losses. From communicating with the insurance company to obtaining pertinent evidence, you can count on us to do everything necessary to reach the most favorable result.
We have offices in Mount Pleasant and Myrtle Beach, South Carolina. Contact us today to schedule your free consultation.
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]]>The post An Airbnb Injury Lawyer Can Help Get You on the Path to Compensation for Your Injuries appeared first on Lowcountry Law, LLC.
]]>What Is Airbnb?
Airbnb’s popularity has soared in the past few years, making it a sought-after option for those looking to travel and experience new cities.
Instead of staying at chain hotels or resorts, many opt for a stay at an Airbnb vacation rental. Owners list their homes or apartments on Airbnb’s website, allowing travelers to book their stay.
While many guests have exceptional experiences using the Airbnb service and staying at these vacation homes, there is always the possibility something can go wrong, and you will need the assistance of an Airbnb injury lawyer.
Airbnbs and Premises Liability
Accidents with resulting injuries at Airbnbs fall under premises liability law. Simply put, premises liability means the party that owns or operates the property is liable when a person suffers harm due to negligence. Property owners and occupiers have a duty to guests to keep their premises safe.
Airbnb hosts’ duty to their guests is significant, as they use their property as a business. Therefore, if a guest suffers an injury while at their Airbnb, and the injury occurred due to the Airbnb host’s breach of duty, they would be liable for their guest’s injuries.
To hold the Airbnb host liable, you’ll need to establish that they owed you a duty and breached it, causing you harm as a result. An Airbnb injury lawyer can obtain important evidence to strengthen your case and establish liability.
Airbnb Host Protection Insurance
Airbnb provides hosts with Host Protection Insurance. This insurance helps protect hosts from liability claims for bodily injury to a guest or visitors, damage or theft of guest property, and damage caused by guests to the property.
The Airbnb host protection policy provides hosts up to $1 million in coverage. The host insurance protection automatically applies when a host lists their home on Airbnb for rental.
Of course, exceptions exist. For example, Airbnb’s host liability insurance doesn’t cover damage or injuries resulting from intentional actions.
If you sustain an injury at an Airbnb, you’ll likely be dealing with Airbnb’s insurance company.
Discuss Your Situation with an Airbnb Injury Lawyer
Experiencing an accident or sustaining injuries at an Airbnb can ruin your stay entirely and leave you facing unfortunate consequences. Let an experienced Airbnb injury lawyer help get justice on your behalf.
The legal team at Lowcountry Law, LLC is particularly familiar with Airbnbs and well-versed in premises liability actions. We’re eager to help you get the compensation you deserve for your injuries and losses.
Our firm offers complimentary consultations. Contact us today, and let’s review your legal options.
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]]>The post When Your Vacation Leads to an Injury, Rely on a Resort Injury Lawyer appeared first on Lowcountry Law, LLC.
]]>The Difference Between Resorts and Hotels
“Resort” and “hotel” are often used interchangeably, but the two are different.
Hotels are typically just places for guests to stay, whereas resorts offer guests more of an experience. Resorts usually have:
Since resorts are busier with much more to do, there is usually a higher chance of accidents occurring on the premises, resulting in serious injury to victims.
How Do Resort Injuries Happen?
Resorts are fun, but in reality, danger lurks in every corner. Therefore, the possibilities for harm are endless.
Some of the most common causes of injuries at a resort include:
If you suffer an injury while at a resort, consult with a resort injury lawyer right away to determine the best course of action to pursue compensation.
Common Injuries Sustained at Resorts
A multitude of accidents and incidents could occur at a resort, meaning injuries vary in type and severity. Some of the common types of injuries sustained at resorts include:
If you suffer injuries while at a resort, seek medical attention immediately to ensure you receive proper treatment. Always put your health and well-being first.
Can I Sue for the Injuries I Suffered at a Resort?
Yes, it is possible to sue a resort for your injuries. However, the resort must be at fault. If they are not responsible for the cause of your injuries, you cannot hold the resort liable.
Resorts owe guests and visitors a duty to keep everyone on the premises safe and free from harm. If the resort breaches this duty and their wrongdoing causes you harm, they could be deemed negligent and liable for your injuries.
Filing a lawsuit allows you the opportunity to obtain damages for your injuries and other losses.
A qualified resort injury lawyer can review the details of your situation to determine whether you have a valid claim and provide legal advice.
Review Your Case with a Skilled Resort Injury Lawyer
Lowcountry Law, LLC understands the frustrations of suffering harm at a resort. Not only does this ruin your vacation, but it also leaves you facing unnecessary physical pain and financial stress.
We serve clients in Mount Pleasant and Myrtle Beach, South Carolina, and the surrounding area. Contact our office to schedule your free consultation today.
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]]>The post When You’re Injured at Work, Rely on a Skilled Attorney for Guidance appeared first on Lowcountry Law, LLC.
]]>At Lowcountry Law, LLC, we’re familiar with work-related injuries and how to get you the monetary recovery you need. Let us help get you back on track.
How Do Work Injuries Happen?
Being injured at work can happen at any time for numerous reasons, causing much frustration and pain.
Accidents are common causes of work injuries, including the following:
Injuries can also occur for other reasons not involving accidents or traumatic events, like overexertion or repetitive motions.
Work conditions could also result in work injuries. One example is regular exposure to toxic or harmful chemicals.
Common Examples of Work Injuries
The outcomes of being injured at work range in severity, depending on what caused them. Frequently experienced work injuries include the following:
Medical conditions, called occupational diseases, could also be deemed work injuries, including cancers and heart attacks. South Carolina law defines an occupational disease as one arising out of or in the course of employment due to hazards and the employee’s occupation.
Recovering Financially from Your Work Injury
Generally, when you are injured at work you would need to file a workers’ compensation insurance claim to recover financially from their work injury.
Most employers must provide employees with workers’ compensation insurance coverage in case of injury. If you’re an employee covered by workers’ comp and become injured at work, you can file a claim to receive compensation and benefits.
The main type of benefits workers’ compensation in South Carolina provides includes:
After suffering an injury at work, report it to your manager or supervisor right away, in writing so that they may begin the claims process.
Should you need guidance or assistance with your workers’ comp claim, or should the insurance company deny your claim, an injury attorney can help you.
You May Have Options for Compensation
While workers’ compensation is usually an employee’s sole option for pursuing compensation for a work injury, that’s not always the case.
If a third party, who is not your employer, caused your injury, a personal injury lawsuit against them could allow you to seek financial recovery from this party and hold them responsible for their actions that caused you harm.
After suffering a work injury, it’s best to consult an injury lawyer to review your legal options.
If You’re Injured at Work, Discuss Your Case with a Work Injury Attorney
Sustaining a work injury can affect your life in more ways than one, but a skilled injury lawyer can help put you on the right path to compensation.
Lowcountry Law, LLC has extensive experience helping injured employees obtain the benefits and compensation they need after suffering a work injury. We know how to ask the right questions and gather information to help guide you toward fair financial recovery.
Contact us today to request a free consultation, and let’s see how we can assist you.
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]]>The post A Boating Accident Attorney Can Get You Through Rough Waters appeared first on Lowcountry Law, LLC.
]]>Boats are somewhat unique in the world of vehicles, but many of the same factors that lead to other types of accidents can also cause boating accidents, including:
Additional causes of boating accidents include:
In most cases, boating accidents are entirely avoidable. However, because of boater negligence, accidents occur more frequently than they should and many times require the assistance of a boating accident attorney.
Boating injuries can range in severity but are often serious. Some of the most common types include:
Furthermore, victims of boating accidents almost always run the risk of drowning. They may not know how to swim, be rendered unconscious as they’re thrown into the water, or become trapped under the boat.
Injuries from boating accidents often require extensive medical treatment and can change a victim’s life forever.
If you’ve been injured in a boating accident, recovering damages with the help of a boating accident attorney can go a long way toward relieving the financial burdens you’ll likely face as a result.
Recoverable damages for boating accidents in South Carolina can include:
Punitive damages may be available if your case involves intentional or reckless behavior. These damages serve to punish defendants for their wrongdoing.
Calculating the value of your case can be challenging and requires building your case on a foundation of strong evidence. A skilled boating accident attorney can determine how much your case is worth and help pursue full and fair compensation.
Taking certain steps in the wake of a boating accident can protect both your health and your right to financial recovery.
Following a boating accident, you should:
If you wish to pursue compensation for injuries sustained during a boating accident, you have limited time to do so under the law. It’s a good idea to consult with a boating accident attorney as soon as you’re able.
The expert legal team at Lowcountry Law, LLC is well-versed in the laws and procedures associated with boating accidents. We’re passionate about helping injured clients secure the compensation they deserve after stressful events that are outside their control.
We proudly serve clients in Mount Pleasant and Myrtle Beach, South Carolina. Get in touch today to schedule your free consultation.
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]]>The post Rideshare Accidents Happen — An Uber Accident Lawyer Can Help appeared first on Lowcountry Law, LLC.
]]>Uber Accidents in South Carolina
Uber accidents can happen like any other automobile accident. The main difference is that you’re not in control of the vehicle, and you’re likely in the backseat at the time of the collision.
The most common causes of car accidents include:
An accident involving an Uber may be the fault of either your Uber driver or another driver. No matter who’s to blame, one thing is certain: it’s not your fault. You may therefore have a valid claim for compensation with a Uber accident lawyer for any injuries and losses you suffer in an Uber accident.
Requirements for Ubers in South Carolina
Uber provides certain requirements that prospective drivers and their vehicles must meet before they can work with the company.
Uber drivers must:
Their vehicles must:
Uber drivers and their vehicles are expected to meet these requirements to ensure the safety of drivers and their passengers.
Insurance Coverage for Ubers
Uber drivers must also acquire and maintain a minimum amount of car insurance per South Carolina law. In South Carolina, minimum car insurance is as follows:
Uber provides additional insurance coverage themselves. Coverage available for an accident depends on the status of the driver at the time of the collision.
If a driver is working but doesn’t have a passenger, coverage includes:
If a driver is working and has a passenger in their vehicle during the collision, coverage includes up to $1 million in total coverage.
Should an Uber driver get into an accident while they’re off the clock, they would only be able to rely on their own insurance.
An Uber Accident Lawyer Can Handle Your Claim
If you’re involved in an Uber accident in Mount Pleasant, Myrtle Beach, or the surrounding areas, you can count on Lowcountry Law, LLC to help you with your claim.
We know Uber accidents can be confusing, and you might be unsure of what to do next. Contact our office as soon as you’re able to schedule a consultation with our experienced Uber accident lawyer.
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]]>The post A Work Injury Attorney Can Decide the Best Way to Seek the Compensation You Need appeared first on Lowcountry Law, LLC.
]]>Work injuries can occur as a result of several types of accidents or incidents. Some of the most common causes of workplace accidents include:
Some work injuries can happen even without a traumatizing event or accident. In some cases, when a worker engages in repetitive motions continually, it can result in repetitive motion injuries. A work injury can also include a diagnosis for a serious injury, like cancer, if it was caused by something at work, like exposure to toxic chemicals.
The type and severity of injuries sustained at the workplace depend on the cause of the injury. Some of the most common types of work injuries include:
As stated, work injuries can also include serious medical conditions caused by work conditions, like heart attacks or hernias.
Ordinarily, if you’re injured at work, you would file a workers’ compensation insurance claim for compensation and benefits.
“Workers’ comp” is a special kind of insurance most South Carolina employers must carry for the benefit of their employees. If an employee suffers a work injury or illness, they can file a claim for available compensation and benefits.
Workers’ comp benefits could include:
Because workers’ comp insurance absolves the employer of liability, you won’t be able to file an injury claim against your employer if you receive these benefits. However, you could potentially have other avenues for remuneration available to you.
While you can’t sue an employer for a work injury if you’re covered by workers’ compensation, you may have the option to sue a third party.
If you suffer an injury at work and a third party is found to be at fault, a work injury attorney could help you hold this party accountable and pursue compensation from them.
Determining whether a third party may be responsible for your work injury can be challenging, but a skilled work injury attorney will know how to discover the cause of your injury and the identity of the at-fault party.
Lowcountry Law, LLC is ready and willing to help you pursue fair compensation if you’ve been injured at work.
Whether you need help with your workers’ compensation claim, a third-party lawsuit, or both, Matthew Breen and associates can provide the highest-quality legal representation.
We want to help you secure the resources you need to move forward. Contact us today to get started.
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]]>The post What Damages Are Available for Motorcycle Accidents in South Carolina? appeared first on Lowcountry Law, LLC.
]]>Motorcycle accidents happen frequently and often result in extensive physical harm to riders. The most common causes of accidents involving motorcycles include:
Motorcycle riders deserve the same respect as other motorists. However, the likelihood of an accident increases when drivers fail to pay attention or engage in risky driving behavior.
Motorcycle accident damages serve to compensate victims for their injuries and losses. Compensation can have a positive impact on a victim’s finances, as suffering any kind of accident can lead to significant financial stress.
Damages available for motorcycle accidents vary by case but could include the following:
Punitive damages may also be available in cases involving a defendant’s willful, wanton, or reckless actions.
Calculating the value of your motorcycle accident damages can be tricky, but a qualified attorney can determine how much you’re owed for your losses.
There’s no such thing as an “average” settlement for motorcycle accident cases, as the final agreed-upon sum depends on the specifics of the case. There are, however, several factors your attorney can review to help determine what your motorcycle accident damages will be.
Factors affecting the value of a motorcycle accident case can include:
You can trust your motorcycle accident lawyer to precisely determine the value of your case based on these and other details. Deciding how much your case is worth helps ensure you’re getting the fairest possible settlement.
If you’re involved in a motorcycle accident and suffer injuries, you’re not alone. A skilled attorney can assist you with obtaining motorcycle accident damages.
Lowcountry Law, LLC helps clients injured in motorcycle accidents in the Mount Pleasant and Myrtle Beach areas of South Carolina. We know the significant impact a fair settlement can make on your life and finances after an accident, and we’re ready to do everything in our power to get you the compensation you need.
When you’re ready to begin working on your case and claim your motorcycle accident damages, contact our office to schedule a complimentary consultation.
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]]>The post A Myrtle Beach Injury Attorney Can Pursue Justice on Your Behalf appeared first on Lowcountry Law, LLC.
]]>What Is a Personal Injury?
A personal injury refers to the physical and mental harm an individual suffers at the hands of another.
Several types of injuries could count as personal injuries, including:
If you suffer an injury due to another individual’s wrongful action or negligence, you may be eligible to file a personal injury lawsuit. Personal injury law protects injured individuals, allowing them to pursue justice from the responsible party and financial compensation for their injuries and losses.
How Personal Injury Claims Arise
Usually, personal injury claims come about due to negligent or intentional wrongdoing. The most common kind of personal injury claims include the following:
A personal injury can occur in any type of setting for a multitude of reasons.
Who’s Liable for Causing My Injury?
The person responsible for causing your injury is usually the one who’s considered liable.
Establishing liability is an essential part of any injury case. While many injuries arise from intentional actions, most happen due to negligence. When someone is negligent, they fail to act in a manner that another reasonable actor in the same position would have.
To prove the other party’s negligence, you’ll have to establish that they owed you a duty of care and breached this duty and that their breach was the cause of your accident.
A Myrtle Beach injury attorney can gather important evidence that proves the other party’s negligence. Once you establish the other party was at fault, you’ll be one step closer to obtaining fair compensation for your injuries.
Compensation for Personal Injury Claims
The damages you stand to receive for your injuries depend on the nature of the incident that caused the harm, the type and severity of your injuries, and the losses you incurred as a result. Both economic and non-economic damages may be available with the help of a Myrtle Beach injury attorney and could include:
Punitive damages may also be available in cases where the defendant’s actions were willful, wanton, or reckless.
South Carolina places damage caps on non-economic damages for medical malpractice cases and punitive damages. In most personal injury cases, there are no damage caps, allowing a plaintiff to seek as much compensation as they feel they deserve.
Your Myrtle Beach injury attorney can thoroughly review the details of your situation to calculate the value of your case. Knowing how much your case is worth can help you pursue maximum compensation for your injuries.
Discuss Your Case With a Myrtle Beach Injury Attorney
Lowcountry Law, LLC has decades of combined experience helping injured clients get justice. We draw on specialized knowledge, skills, and resources to promptly and efficiently handle your case, working diligently toward getting you the most favorable outcome.
After suffering an injury, contact us to request a free consultation with our Myrtle Beach injury attorney.
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]]>The post A Bicycle Accident Lawyer Can Protect Your Rights appeared first on Lowcountry Law, LLC.
]]>Bicycle accidents often occur for the same reasons other types of accidents happen, including:
Bicycle accidents may also occur for other reasons not involving other drivers, including uneven roads or dangerous potholes.
Because bicycle riders have no protection in an accident, injuries can be particularly severe. Some of the most common bicycle accident injuries include:
Head and brain injuries are especially common after a bike accident, particularly because South Carolina has no law requiring bicycle helmets.
In the worst cases, bicycle accident injuries leave victims facing life-altering effects. Some victims even succumb to their injuries.
Generally, the person responsible for causing the bicycle accident would be financially responsible for the victim’s injuries. Determining liability, however, can be tricky in some cases.
In a majority of cases, the responsible party is another driver. If another driver causes your bicycle injury, you would need to establish their negligence to pursue compensation from them or their insurance.
Some cases don’t involve other drivers, though. If your bicycle accident was caused by unsafe roads, for example, you might be able to hold the city responsible.
Determining liability is a necessary part of pursuing justice and compensation for your injuries. Because liability can be challenging, a bicycle accident lawyer is best equipped to handle it.
You can win damages and get compensated for your injuries and other losses experienced with the help of a bicycle accident lawyer. The exact damages and amount of compensation you’re entitled to receive will depend on the value of your case.
Damages for a bicycle accident in South Carolina could include any of the following:
Evidence is critical for bicycle accident cases, as it helps prove your tangible and intangible losses. A bicycle accident lawyer will gather strong evidence that can include police reports, medical records, and witness statements.
Bicycle accidents can leave you physically injured and mentally drained, unsure of what to do next. After a bicycle accident, it’s best to do the following:
Additionally, after a bicycle accident, it’s common to hear from the driver’s insurance company. They’ll ask questions and request a recorded statement, but it’s important that you avoid speaking to them without first talking to an attorney.
A bicycle accident lawyer can take over your claim and help pursue maximum compensation on your behalf.
Lowcountry Law, LLC has experience helping clients injured in bicycle accidents in Mount Pleasant and Myrtle Beach, South Carolina. We know the significance compensation can make after sustaining serious injuries and incurring financial losses, and we want to help get you on the path to financial recovery.
Attorney Matthew Breen is a graduate of the Citadel Military College of South Carolina, which instilled in him the importance of honor, discipline, hard work, and integrity. He carried these principles with him to his law firm.
Contact us today to request a complimentary consultation.
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]]>The post A Lawyer Will Help You Get Compensation After a Distracted Driving Accident appeared first on Lowcountry Law, LLC.
]]>Distracted driving is an umbrella term for anything that takes a driver’s attention away from driving.
There are three types of distractions while driving:
A visual distraction is anything that takes a driver’s eyes off the road, including texting, looking at the GPS, or adjusting the radio.
Manual distractions are those that cause a driver to take one or both hands off the wheel, including eating, reaching for something, or doing their makeup.
A cognitive distraction preoccupies a driver’s mind, causing them to lose focus on driving. These distractions include emotional distress, daydreaming, or fatigue.
When a driver engages in distracted driving, it puts them at risk but also creates danger for other drivers, bicyclists, and pedestrians.
Distracted driving can cause many kinds of collisions, including:
Injuries resulting from distracting driving accidents can include:
Other drivers are at risk, in addition to anyone else sharing the road. When a driver is distracted, they can fail to see motorcyclists, bicyclists, or pedestrians, which may cause unfortunate and unnecessary accidents.
Distracted driving accidents can leave a victim facing physical injury and other types of losses, including financial losses. Damages for distracted driving accidents in South Carolina can include:
Proving your damages can be challenging, but a car accident attorney can gather available evidence to strengthen your case. Helpful evidence for distracted driving accidents can include:
A car accident lawyer has the skills to determine what your case is worth in order to pursue maximum compensation on your behalf.
If you’re involved in a distracted driving accident, you may feel overwhelmed and unsure of what to do. A car accident lawyer can take over and handle your case from beginning to end, handling the most critical tasks, including:
Lowcountry Law, LLC is ready to help you pursue justice and compensation for your distracted driving accident. During your complimentary consultation, Attorney Matthew Breen, a graduate of the Citadel Military College of South Carolina, will get to know the specifics of your case while addressing your questions and concerns.
We have what it takes to help you get the compensation you deserve. Contact us today to get started.
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]]>The post Allow a Workplace Accident Lawyer to Help You Get the Compensation You Deserve appeared first on Lowcountry Law, LLC.
]]>Workplace accidents can happen at any time, often without warning. Workplace accidents usually depend on the industry and work environment but regularly include:
According to the Occupational Safety and Health Administration (OSHA), the four most common types of workplace accidents that result in fatalities are:
A wide range of things in the workplace can cause accidents, from improperly maintained equipment to lack of worker training.
Injuries resulting from workplace accidents may include:
Many workers can physically recover from their workplace injuries, but if the injury is severe enough, it can leave a person facing long-term consequences. In the most unfortunate cases, a workplace accident results in a worker’s death.
Most employers in South Carolina are legally required to carry workers’ compensation insurance for their employees.
Workers’ compensation is a type of insurance that provides benefits to injured workers. Benefits could include:
Workers’ comp is no-fault insurance, which means that blame does not have to be assigned for an injured worker to recover financially. Because the insurance is no-fault, workers are not entitled to file a lawsuit against their employer.
In many cases, filing a workers’ compensation claim with a workplace accident lawyer is the exclusive way a worker can go about obtaining financial recovery for their injuries. In some situations, exceptions may exist.
While workers’ comp is often the route you must take to get compensation for a workplace accident, you may be entitled to file a lawsuit if a third party caused your injuries.
Workers’ compensation does not legally allow an injured worker to hold their employer liable for their accident or injuries, but it also doesn’t offer protection to third parties. Filing a personal injury lawsuit allows you to seek justice and compensation for the role the third party played in your workplace accident.
A workplace accident lawyer will review the details of your case to determine what caused your accident and who could potentially be responsible. You can rely on your attorney to give you quality legal advice and help ensure that you get maximum compensation for your injuries.
Lowcountry Law, LLC is experienced in protecting the rights of workers injured in workplace accidents. We understand the frustration and stress that come after experiencing a workplace accident, and we’ll do everything we can to help make it right.
Our firm has two convenient locations in Mount Pleasant and Myrtle Beach. Contact us to schedule your free consultation, and let’s discuss your case.
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]]>The post A Scaffold Injury Attorney Will Represent Your Best Interests appeared first on Lowcountry Law, LLC.
]]>The Occupational Safety and Health Administration (OSHA) releases information on scaffolding yearly that recognizes the dangers of scaffolding and highlights the importance of proper training and maintenance.
A scaffold injury not only affects you physically in the short term but also has the potential to get in the way of your life and work.
If you’ve sustained an injury after experiencing a scaffold accident, Lowcountry Law, LLC wants to hear from you.
How Do Scaffold Injuries Happen?
Scaffold accidents can occur for a variety of reasons, including the following:
What makes scaffold accidents even more dangerous is the fact that workers often use equipment while on scaffolds, including drills, hammers, or cleaning equipment. These can cause additional injury.
Common Injuries from Scaffolds
Scaffold injuries depend on the details of the accident but regularly include:
In the worst cases, scaffold injuries can be severe, resulting in life-altering consequences for the victim.
Work Injuries and Third-Party Lawsuits
Scaffold injuries most often occur on the job, like at construction sites. If you’ve suffered a scaffold injury while at work, you’ll likely need to file a workers’ compensation claim to obtain compensation and benefits for your injuries.
Workers’ compensation is a type of insurance most employers must get to protect their employees in case of an accident in the workplace. When you’re protected by workers’ comp, this is the avenue you must take to pursue compensation for your workplace injuries.
Because workers’ compensation is no-fault insurance, no one needs to take the blame for a work accident for you to get compensation. In return, employers are protected from liability.
You may be able to file a lawsuit for additional compensation if a third party played a role in your scaffold accident and injuries. In this case, a scaffold injury attorney could file a lawsuit against the third party and pursue financial recovery for your losses.
Whether you’re covered by workers’ compensation or not, you should still speak to a scaffold injury attorney to ensure that you’re doing what’s necessary to get the compensation you deserve.
Discuss Your Case with a Qualified Scaffold Injury Attorney
Lowcountry Law, LLC understands the frustration a scaffold injury can cause. Our legal team will determine the cause of your accident and who’s responsible so that we can seek justice on your behalf.
Our firm has two convenient locations in Mount Pleasant and Myrtle Beach, South Carolina. Contact us today to request a complimentary case review, and let’s figure out how our scaffold injury attorney can help you.
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]]>The post A Brain Injury Lawyer Can Help You Pursue the Justice You Deserve appeared first on Lowcountry Law, LLC.
]]>A brain injury, also referred to as a traumatic brain injury (TBI), typically occurs as a result of a strong blow or violent movement to the head or body. Brain injuries can also result from an object penetrating the brain.
Symptoms depend on the severity of the injury. Brain injuries can be mild, moderate, or severe. A brain injury can produce physical, sensory, and cognitive symptoms.
While recovering from a brain injury is possible, the injury could also result in lifelong effects.
There are several different causes of brain injuries. The most common reasons brain injuries occur include the following:
A brain injury can occur because of an accident, but it can also come about as the result of another person’s wrongful actions.
If your brain injury occurs due to another party’s intentional or negligent actions, you may be able to file a lawsuit.
Brain injury lawsuits fall under personal injury law. Personal injury law protects victims who have been harmed by another party. When you file a personal injury lawsuit, you’re holding the party liable for what they did to cause your brain injury while also pursuing the compensation you’re owed for your losses.
A brain injury lawyer can review the details of your case to determine the best course of action to pursue justice and financial recovery on your behalf.
One of the first things your brain injury lawyer will do is look at the cause of your brain injury and who is responsible. Then, your attorney can work to build your case against the liable party in pursuit of compensation.
Typically, cases involving brain injuries arise out of negligence. Negligence requires you to prove the following:
Establishing liability is often accomplished through strong evidence. Your brain injury lawyer can gather pertinent evidence to prove the other party’s liability for your brain injury and losses.
Suffering a brain injury affects a person not only physically, but financially as well. Seeking compensation for your injury can provide some much-needed financial relief.
Damages available for your brain injury depend on the details of your case, but could include:
Your brain injury lawyer can calculate the value of your case to ensure that they seek full and fair compensation for you.
Lowcountry Law, LLC wants to help you get justice for your brain injury. Our legal team has the knowledge, experience, and skills to put you on the path to financial recovery.
We offer complimentary consultations. Contact us today to get started.
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]]>The post School Accident Attorney on Lawsuits Against School Districts appeared first on Lowcountry Law, LLC.
]]>Schools have a special legal duty when it comes to your child’s safety. In ordinary personal injury cases, there is no liability and no compensation to you if the other person acted reasonably carefully under the circumstances. The other person need not take any affirmative action to promote or safeguard your safety.
This is not so with schools. School officials and teachers have an affirmative duty to protect the children under their care. This means school officials must take measures to prevent harm from befalling your child. They would do this by:
A school’s administration or officials must not only not commit negligent acts that harm your children. They must also take action to prevent your children from being hurt while in their care. If a school fails to do this, you need to contact a school accident attorney.
In some ways, what happens following a school accident may be similar to what happens after any other personal injury. The school district may offer you a settlement. As with any other settlement offer, you should carefully consider whether the offer adequately compensates you for your immediate and anticipated expenses.
If your child’s school is a public school, there are specific procedures you must follow precisely to bring a lawsuit against that district. Our school accident attorney at Lowcountry Law, LLC is well-versed in these procedural requirements and can help you comply with them in pursuit of compensation.
These procedures may not apply if your child’s school is a private school. Nonetheless, such school districts may be represented by aggressive legal teams aiming to spare the school from costly settlements or litigation.
Seek experienced advice from our school accident attorney if your child has been hurt while at school. Bringing a successful lawsuit against a school district of any size requires tenacity and discipline, two qualities attorney Matthew Breen developed while at The Citadel.
Speak with our office today and request a free, no-risk case consultation with a school accident attorney.
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]]>The post Motorcycle Crash Lawyer Identifies Factors Leading to Serious Motorcycle Wrecks appeared first on Lowcountry Law, LLC.
]]>If the increase in fatality rates is not attributable to more motorcycles on the road or a decrease in helmet use, the answer must lie elsewhere. The factors that make motorcycle crashes lead to fatalities have always existed. They include:
Low Visibility of Motorcycles
If you are driving a car and observe an impending crash, your response is nearly automatic. You either swerve your car to avoid the wreck, slam on your brakes, or both. This decreases your speed at impact and changes the location of impact on your car, both of which can decrease or mitigate the severity of the crash.
Motorcycles, though, are more difficult to see, especially at night. This means that motorists may not see you on a motorcycle in time to significantly reduce their speed or avoid a collision. The higher the speed of the vehicle at the time of the crash, the greater the likelihood of you sustaining serious injuries.
Lack of Airbags and Safety Features
Motorcycles don’t enclose the rider like a car does. There are also no significant safety features like airbags. Airbags have been shown to reduce fatalities in motor vehicle crashes, but they are not present on motorcycles.
This means that all the protection you have when you are riding your bike are the clothes and gear you are wearing. This gear may protect you somewhat from minor bumps and scrapes. However, you are still more likely to sustain head, back, and musculoskeletal injuries in a motorcycle collision.
More Significant Injuries Mean More Expensive Recovery
As a motorcyclist, if you are injured in a wreck, not only are your injuries likely to be more serious than they would be if you were in a car, but treating those injuries will likely be more expensive. Your recovery may take longer, meaning you will incur more medical costs and may miss more work. With that said, it is very important to contact a motorcycle crash lawyer to guide you through the steps following your recovery.
Injured motorcyclists need someone in their corner who understands the unique nature of these events and the compensation they need to treat their injuries.
Lowcountry Law, LLC’s motorcycle crash lawyer Matthew Breen has represented numerous injured bikers. He understands their concerns and seeks to secure them adequate compensation for the harm they suffered in a wreck.
Learn more about our motorcycle crash lawyer and the quality advocacy that attorney Matthew Breen can provide. Schedule a free, no-risk case evaluation with our office right away.
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]]>The post Bus Accident Attorney on Bus Wreck Injuries appeared first on Lowcountry Law, LLC.
]]>Injuries sustained by the occupants of passenger cars, trucks, and vans that collide with a bus can range in severity depending on factors such as the type of collision.
According to the Insurance Information Institute (III), of the 13,622 fatal traffic accidents involving two or more vehicles of all types reviewed in 2020, 18 percent were crashes where one vehicle struck another at an angle.
Speed also increases the risk of fatal or serious injuries. The same information from III shows speed was a factor in nearly 20 percent of fatal crashes.
Even if death does not result, a concussion or traumatic brain injury from whiplash cannot be ruled out. You may also suffer broken bones if the collision occurs with enough force. If your windshield or windows shatter, you may suffer cuts.
If you are traveling on a bus that is involved in a crash, you may not initially realize there was a collision. Because of their size, it takes a collision with considerable force or a crash with a similarly large vehicle to be felt. Even when you do feel a collision occur, you may only suffer minor injuries if you suffer any harm at all.
There are risks for bus passengers, though. Most buses do not have seatbelts, so you may be tossed about the cabin or thrown from your seat in a crash involving sufficient force. You may strike the seat in front of you, causing head and body trauma. If overhead luggage is not properly stowed, you may be struck by one of these items.
Moreover, buses tend to have a higher center of gravity, meaning they may tip over in an accident with sufficient forces present. Given the lack of seat restraints, you may suffer a concussion or broken arms or legs in a rollover.
If you are a bus passenger involved in a rollover crash, it is recommended that you seek medical evaluation.
If you or a loved one are hurt either because a bus collided with you or you were a bus passenger and your bus wrecked, you may have legal rights. Uncovering the cause of the crash may reveal negligence, which would allow you to pursue damages from the at-fault party.
Our bus accident attorney at Lowcountry Law, LLC wants you to understand and exercise these rights. You should not have to be responsible for your expenses if someone else caused you harm.
Schedule a free case evaluation with us so we can explore your situation and provide you with an honest and easy-to-understand assessment of your rights and legal options.
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]]>The post Dog Attack Lawyer Explains “One Bite” Laws appeared first on Lowcountry Law, LLC.
]]>In some states, you or your dog attack lawyer may need to prove that the dog’s owner had reason to know of the dog’s violent tendencies because of a previous attack. For these jurisdictions, every dog is entitled to “one bite.”
If the dog had not previously attacked someone, the owner would have no reason to believe their dog was vicious.
South Carolina, though, has no such “one bite” law. While you and your dog attack lawyer may still have to show a court that the owner had reason to know the dog was dangerous, you can prove this point in ways other than by pointing to a previous attack. This might include:
Of course, South Carolina dog owners whose dogs have bitten someone in the past are also on notice of their dog’s dangerous tendencies.
The general rule is that dog owners are responsible for any dog bites or attacks if the owner fails to take reasonable steps beforehand to prevent these occurrences. However, dog owners may not be liable for damages if the injured person provoked or taunted the dog before the attack occurred.
To be an effective defense, the provocation would have to be more than simply walking past the dog in a public place. Walking on a sidewalk is not enough provocation, but attempting to trespass onto private property, screaming at the dog, or acting menacingly toward the animal may be sufficient provocation.
Untangling the facts of a dog attack to see if you are eligible for compensation and filing a claim may seem daunting. But Lowcountry Law, LLC and our dog attack lawyer, Matthew Breen excel at helping people like yourself and your family pursue justice.
We make the process of retaining our services simple and risk-free. We have convenient office locations in Myrtle Beach and Mount Pleasant and offer all prospective clients a free, no-obligation case consultation.
Call our office today and request yours to discuss the compensation you might recover.
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]]>The post Tractor Trailer Accident Attorney on Special Discovery appeared first on Lowcountry Law, LLC.
]]>Discovery in Truck Accidents Often Goes Further
A tractor trailer accident attorney is no different and will also seek out discovery for their clients in truck accidents. The National Safety Council reports that, in 2020, there were over 100,000 trucks involved in injury accidents nationwide, and in lawsuits that followed some of these crashes, discovery was sought.
Like in other motor vehicle crash lawsuits, tractor-trailer accident attorneys will look for accident reports, narratives, photographs, and witness or driver statements. But discovery in a truck crash lawsuit will go further if it is to be as comprehensive as possible.
Some of the other items a tractor-trailer accident attorney might want to obtain include:
Medical Records of the Truck Driver
The medical requirements to obtain and maintain a commercial driver’s license differ from those for a passenger vehicle license. Commercial drivers must be medically cleared to operate their rigs.
A tractor trailer accident attorney will be interested to know if the trucker that collided with you had been medically cleared and was up to date with their certification.
It does not stop there, though. If there is any medical condition that the driver suffered from, such as diabetes, your lawyer will want to obtain the trucker’s medical records as well. These can reveal what steps the trucker was to take to manage their condition and show whether there was a history of noncompliance with those steps.
Logbooks of the Trucker
Truck drivers must maintain detailed and accurate records of their driving time. This is because federal laws require truck drivers to stop driving and rest periodically before continuing on their way. These times are to be recorded in an electronic or handwritten logbook.
However, truckers and trucking companies have great incentive to skirt these requirements when they can. Truckers do not make money while they are resting, so there is motivation to falsify logbooks or drive when they should be resting.
Records of the time spent on the road can suggest if the trucker was too drowsy to be behind the wheel.
An Experienced Tractor-Trailer Accident Attorney Helps Build Your Case
There are other items of discovery your attorney will want to look at, such as the rig’s maintenance records and the trucker’s employment records. The truck may also have an electronic data module, which is a treasure trove of information about how the vehicle was being operated just before the crash.
Your tractor-trailer accident attorney from Lowcountry Law, LLC possesses the knowledge and skills to obtain all the necessary records.
If you or a loved one has been injured by a tractor-trailer, call our office right away. Ask to schedule a free, no-obligation case consultation, and let us develop a plan to help you get compensation.
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]]>The post Rideshare Accident Attorney Explains Who Pays in the Event of an Uber Crash appeared first on Lowcountry Law, LLC.
]]>Both Uber and Lyft provide up to one million dollars of coverage for their drivers and passengers per accident. Regardless of whether you are driving for Uber or Lyft or using the rideshare service as a passenger, these insurance benefits are accessible to you to help address any injuries or losses you encounter after a wreck.
This one-million-dollar policy is meant to act as the primary insurance policy in a wreck, with a few caveats. This means that when a wreck occurs, a claim will typically be filed against Lyft’s or Uber’s insurance first before compensation is sought from any other available insurance policy.
One of the big catches to this policy is that it is not in force and available at all times. If a driver is logged into the app but has not accepted a ride, that driver will not be covered by Uber’s or Lyft’s insurance policy at all. Instead, whatever insurance policy that driver has in place will be the primary source of benefits for injured individuals.
For example, a pedestrian struck by an Uber driver while the pedestrian is crossing the road may not be able to access the one-million-dollar policy from Uber if the driver was not actively providing a ride. Instead, whatever individual policy that driver has in place will be the policy from which compensation should be sought.
So in order for Uber’s or Lyft’s insurance to be available, the driver must either have accepted a fare and been on their way to pick the fare up or be actively providing a ride. But this is not all: the driver must also be logged into the app and using it at the time of the crash.
If the driver forgot to log in or was somehow accidentally logged out without the driver knowing, then Uber’s or Lyft’s insurer may challenge any claim filed with them.
If you or a loved one suffered an injury while using a rideshare, or if you are a rideshare driver and were hurt by another motorist, speak with a rideshare accident attorney about your case. You do not need to wait for your claim to be denied by an insurance company before seeking legal help.
At Lowcountry Law, LLC we are dedicated to helping our clients quickly obtain the compensation they need. We will review the details of your accident and help you pursue your insurance claim against the appropriate company.
When those benefits are not enough, we can help you bring a car crash lawsuit to recover additional damages.
The process begins by calling our office and asking for a free case evaluation from a rideshare accident attorney. Contact us today!
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]]>The post Semi-Truck Accident Lawyer Describes the Difference Between Owner-Operators and Employees appeared first on Lowcountry Law, LLC.
]]>Knowing the difference between truckers who are owner-operators and those who are employees of a trucking company is not a mere academic exercise.
There were over 100,000 trucking crashes resulting in injuries in 2020 alone, according to the National Safety Council. In cases of truck accident lawsuits, knowing the difference between the two types of drivers means knowing against whom to bring suit.
Owner-Operators Versus Employees
The difference between owner-operator truck drivers and employees of trucking companies is the same as the difference between independent contractors and employees. If a person is working on a job but is an independent contractor, and that person causes you an injury, you are usually limited to suing just the contractor.
If, conversely, the worker is an employee, and you were injured by the employee while they were working, then your lawsuit will seek compensation from the employee as well as their employer. Because the employer has greater control over the actions of an employee, the employer is legally responsible for the wrongful acts of their employees.
In the trucking world, owner-operators are akin to independent contractors, especially when they are not actively performing a job. They own their tractors and are responsible for the maintenance of their vehicles. An owner-operator can decide whether to contract with a company to haul a load or to reject any such contract.
Therefore, if you are hit by an owner-operator who is not hauling a load, the most likely party you would sue for compensation would be the owner-operator.
Suing an Owner-Operator and a Trucking Company After a Wreck
There may be situations when your semi-truck accident lawyer can bring suit against both an owner-operator and a trucking company. These circumstances arise when you are injured in a wreck while an owner-operator is hauling a load for a trucking company. In this case, the owner-operator may be more akin to an employee.
Failing to have your semi-truck accident lawyer explore a trucking company’s liability in every case deprives you of a potential source of compensation. When an independent contractor has agreed to perform a hauling job for a company, some courts may consider them to be an employee of the company with which they have contracted.
Seek Professional Legal Help with a Semi-Truck Accident Lawyer
Trucking accident lawsuits can be notoriously time-consuming and complex. You have not only state laws to consider but also federal laws and regulations. On top of this, to determine liability and whom to sue for your injuries you must consider the legal status of the truck driver.
Lowcountry Law, LLC and our experienced South Carolina semi-truck accident lawyer are able to take the guesswork out of your situation. We will do the investigation, research, and advocacy necessary to help you achieve the most favorable outcome.
Call our offices today to request your free truck accident case consultation.
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]]>The post A Medication Error Attorney Lists Signs Your Doctor or Pharmacist May Have Been Negligent appeared first on Lowcountry Law, LLC.
]]>A medication error attorney may use the term “medication error” or “medication negligence” to describe a wide variety of mistakes. Some of these mistakes could include:
Both doctors and pharmacists play a critical role in making sure patients are prescribed appropriate medications and that they receive the medications they are prescribed. Unfortunately, both doctors and pharmacists are human and can make mistakes. Some errors may be unavoidable, but others may be due to:
Medication errors that happen because of any of these or similar reasons may support a claim with a medication error attorney for compensation against the negligent doctor or pharmacist.
Patients, too, can reduce the likelihood of a medication error injury. Make sure you understand what medications are prescribed to you, what dosages you are prescribed, and what conditions each medication treats.
If you have trouble remembering or understanding your doctor, take a trusted friend or family member with you to appointments.
Make certain both your doctor and your pharmacist know all medications and supplements you are taking. Keep a list if you are worried you might forget and bring this list with you to appointments.
Even over-the-counter medications can react negatively to certain prescriptions, so it is important that your medical team knows about every pill or medicine you are taking.
Finally, read the labels of your prescription bottles after filling your prescription. Do the name of the medicine and dosage instructions look familiar? Make sure the medicine itself looks similar to what you’ve taken in the past.
If you have any questions or concerns that you may have received the wrong medicine, contact your pharmacist immediately.
Receiving the wrong medication can be dangerous and, in some cases, deadly. If you or a loved one have been hurt in this way, attorney Matthew Breen with Lowcountry Law, LLC wants to speak with you. You may be eligible to pursue a claim for damages.
Start by calling our offices today and asking to speak with an attorney in a free, no-obligation case consultation.
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]]>The post Grocery Store Slip and Fall Settlements: What Should You Do? appeared first on Lowcountry Law, LLC.
]]>Between water used to hydrate produce, condensation or discharge from broken freezers, and laundry soaps that may spill and leak, the slip hazards in grocery stores are numerous.
As is true in many personal injury cases, grocery store slip and fall claims are often resolved by way of a settlement. The grocery store may see a settlement as a faster and more economical way to resolve your claim than fighting liability at trial.
You may be tempted to accept a settlement offer to obtain compensation quickly. Just because a settlement is offered, though, does not mean you should accept it. Sometimes slowing down and carefully considering the offer and your own needs and losses can keep you from making a shortsighted decision.
The Timing of a Settlement Offer Matters
When you are hurt in a grocery store slip and fall accident, the grocery store’s parent company or owner may try to settle immediately with you. You may be offered free products, gift cards, or cash on the spot in exchange for a promise not to file a suit or a claim.
You should be extremely cautious about accepting a settlement offer so soon after a slip and fall injury. While such offers may be well-intentioned, they are also motivated, at least in part, by the store’s desire to pay as little as possible to resolve your claim.
A hasty settlement offer is not concerned with adequately compensating. Such an offer does not account for your immediate costs or for any costs you might need to pay in the future. When the money from such a settlement runs out, you are the one left having to pay for whatever additional costs come up.
Know How Much Your Case Is Worth Before Settling
Before accepting any settlement following a grocery store slip and fall, you should consider the amount of compensation you will need. This includes immediate costs and losses as well as ongoing treatment costs and future lost wages. It also includes having a sober assessment of what you can likely obtain through your case.
This assessment is best done with the help of an experienced grocery store slip and fall lawyer. Your attorney can evaluate the strengths and weaknesses of your case, the likely financial resources of the grocery store, and the compensation you could reasonably expect if you went to trial versus settling your case.
Call Us to Request a Free Case Evaluation
Have you or a loved one been hurt in a grocery store slip and fall accident? Before accepting any settlement from the grocery store, speak to us at Lowcountry Law, LLC about your options. We pride ourselves on being upfront with our clients. We tell them the strengths and weaknesses of their case and give sound advice on resolution.
Attorney Matthew Breen fights hard for his clients to get full and fair compensation as quickly as possible. Schedule your free case consultation with us to discuss your case.
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]]>The post Rollover Accident Attorney Identifies Risk Factors for Rollover Vehicle Crashes appeared first on Lowcountry Law, LLC.
]]>A South Carolina rollover accident attorney may be successful in helping you recover compensation following a rollover crash if the crash was caused by some other driver’s carelessness. The better practice, though, is to reduce the risk of these collisions occurring in the first place.
A rollover crash can involve one or multiple vehicles. Factors that have been identified as contributing to a rollover crash include:
Speed
Speed is a contributing factor to any type of car crash, and rollover accidents are no exception. Excessive speed makes it more difficult for a driver to safely navigate sharp turns and maneuvers, increasing the likelihood of a single-car rollover crash. Speed also increases the likelihood of a rollover in a multi-vehicle crash.
Type of Vehicle
A vehicle with a higher center of gravity is more prone to rolling over in any sort of crash. An SUV, which sits higher off of the ground and has a higher center of gravity, has a higher risk of rolling over. Conversely, passenger vehicles and sports cars that sit low to the ground, like a Corvette, have a lower risk of rolling over.
Impact Type
Finally, the way your vehicle collides with an object or another vehicle can determine whether your car will flip or roll. A side strike by another vehicle carries the highest likelihood of causing a rollover crash. Conversely, a head-on crash or rear-end collision carries a significantly smaller chance of causing a rollover accident.
When a multi-car crash results in a rollover, the driver who caused the crash itself will typically be the one responsible for paying damages to you, regardless of certain decisions you made.
For example, the compensation you receive is not likely to be reduced just because you were driving an SUV. Nor will your right to pursue compensation be eliminated because you were traveling a bit too fast.
Rollover crashes can be complex events that occur due to a variety of circumstances and result in complicated injuries. Understanding what led to the accident and what treatment and compensation you will need is not always straightforward. You need a committed advocate to help you through the recovery process.
It is best to have a detailed and proactive rollover accident attorney like Matthew Breen at Lowcountry Law, LLC by your side. Our legal team has the know-how and resources to thoroughly investigate your crash.
Allow us the opportunity to discuss your legal rights following a rollover accident. Call Lowcountry Law, LLC to take advantage of our offer for a free case evaluation.
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]]>The post Semi Accident Attorney Explains Statute of Limitations appeared first on Lowcountry Law, LLC.
]]>Once your wreck has occurred, the statute of limitations countdown begins. The statute of limitations in South Carolina is three years. There are a few events that stop the statute of limitations. For example, even receiving treatment or being unable to work will not usually pause the statute of limitations.
In 2009, the most recent year for which statistics are available, the South Carolina Department of Public Safety reported over 2200 collisions involving semi-trucks. This included approximately 80 fatal collisions and over 1,000 collisions resulting in injuries.
Statistics are not available to show the frequency of certain injuries in truck crashes. But it is not an overstatement to say that injuries sustained in truck accidents can be more severe than in other motor vehicle accidents. Potential injuries could include:
Just as the injuries sustained may be extensive and severe, the medical treatment necessary to fully recover can also be extensive; this is where a semi accident attorney can help.
Few things can pause or stop the statute of limitations once it starts after a crash. But physical or mental incapacity can be one of those events that keeps the statute of limitations from running.
A traumatic brain injury may leave you or your loved one in a coma, or physical injuries may be so extensive that you cannot leave the hospital right away.
In either event, the law recognizes that you cannot be expected to exercise your legal rights if you are not conscious. Nor can you consult with an attorney effectively or appear in court if you are mentally incapacitated or confined to a hospital bed.
Thus, in such situations, the law may allow you to file a truck accident claim with a semi accident attorney even though more than three years have passed. This is not automatic, though. The trucking company, truck driver, and others will attempt to invoke the statute of limitations to prevent your claim from proceeding.
This situation illustrates how crucial it can be to get legal counsel from a knowledgeable and dedicated semi accident attorney. An attorney who takes the time to understand your situation, the injuries you have sustained, and the limitations of your injuries may effectively advocate for you and your truck accident claim.
Lowcountry Law, LLC offers trucking accident victims and their loved ones a free initial consultation at either our Myrtle Beach or Mount Pleasant office. We will invest in learning the details of your situation and are committed to providing accurate, helpful advice and professional legal representation.
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]]>The post Workplace Injury Lawyer’s Advice on Ladder Safety appeared first on Lowcountry Law, LLC.
]]>By far, the most common workplace accident that occurs with ladder use is a fall. Falls can produce a wide variety of injuries, including:
The higher the height from which you fall, the greater the risk of severe or fatal injuries. However, even a fall from a six-foot ladder can sometimes be fatal.
Avoiding a fall from a ladder at work begins before you set foot on the ladder. Inspect the ladder for obvious signs of damage, wear, or other safety issues. If steps are broken, supports are damaged or not locking properly, or the ladder feels unstable, do not use it.
Make sure you use the correct ladder for the job. If you are working near power lines or electricity, you must use a fiberglass ladder or another ladder that will not conduct electricity.
You should also ensure that you do not exceed the weight limit for the ladder. Consider not just your body weight but also the weight of any supplies or tools you plan to use while on the ladder.
Other safety tips for safe ladder from our workplace injury lawyer include:
If you find a ladder is in disrepair, or if the ladder your employer provides is not adequate for your task, bring the matter up with your employer.
In South Carolina, employees hurt while on the job can pursue compensation through the state’s workers’ compensation program. This program can provide you with the money needed to replace the income you lost due to missing work as well as the cost of medical care.
Not all claims are submitted properly or approved promptly. Whenever you have a concern about your workers’ compensation claim, consider speaking with Lowcountry Law, LLC. We represent injured workers in Myrtle Beach, Mount Pleasant, and all over South Carolina.
Our legal team can provide high-quality representation no matter whether your claim has been denied or you haven’t even submitted it yet. Let us discuss your circumstances and needs with you during a free case evaluation.
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]]>The post Weather, Road Conditions, and Car Accident Liability appeared first on Lowcountry Law, LLC.
]]>Car Accident Liability When Weather Gets Rough
Rain and snow can make roads slippery in unexpected places. These conditions can lead to difficulties controlling your car and increase the time and distance needed to brake safely. Drivers cannot be expected to know precisely how the weather and road conditions present at any given moment.
This does not mean, however, that just because the weather is unpleasant that drivers are not responsible for damages in car crashes. A driver may still face car accident liability if that driver was:
Traveling Too Fast in Light of the Weather and Road Conditions
No matter the speed limit on any given road or street, drivers still have an obligation to travel at a speed that is reasonable in light of the weather conditions. If snowfall or rain is heavy and visibility is reduced, traveling at the speed limit may be a careless decision. If a wreck ensues, the driver could assume car accident liability and be required to pay compensation.
Not Leaving Enough Space Between Cars
You and other drivers understandably want to get to your destination quickly when the roads and weather are nasty. But when drivers are tempted to leave too little space between themselves and the car in front of them, the risk of a wreck increases.
Drivers who do this during inclement weather can also be held responsible for rear-end crashes they cause, the weather notwithstanding.
Negligent in Maintaining Their Vehicle
Drivers who continue driving their cars with bald tires, faulty windshield wipers, or worn brakes are assuming an increased risk that they will cause a crash during winter or wet weather. If a crash is caused by some problem or defect with the driver’s car that the driver ignored, that driver may bear the car accident liability for injuries and damages caused.
Enlist the Assistance of a South Carolina Car Crash Lawyer
Have you or a loved one been hurt in a car wreck? Determining car accident liability is necessary to see if you are eligible for compensation. But this can be challenging when inclement weather contributes to the crash. That is why you need Lowcountry Law, LLC and the assistance of our attorney Matthew Breen.
When you call our office, request a complimentary case evaluation from us. We will discuss the facts that led to your crash and injuries and advise what compensation you might receive.
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]]>The post South Carolina Injury Lawyer on Who Is Responsible for Sidewalk Injuries appeared first on Lowcountry Law, LLC.
]]>Tripping over a dangerous sidewalk can lead to painful and severe injuries. These can include:
If you hit your head during your trip and fall accident, the risk of a severe head injury is significant. Falls led to the deaths of 34,000 individuals over the age of 65 in 2019, according to the Centers for Disease Control and Prevention. Falls are also a leading cause of traumatic brain injuries in people of all ages.
South Carolina premises liability law imposes a legal duty on property owners to maintain their properties in a reasonably safe condition. If there are defects or dangers, the property owner must warn of them, identify them, or fix them. This is generally true, no matter if the property is a business or residential property.
This duty is clear in cases where a business fails to clean up a wet floor, or you are invited over to a friend’s house, and you fall over an electrical cord carelessly left in the open. An injury lawyer could bring a lawsuit in both cases and help you recover damages.
What may be less clear, however, is if you trip on a sidewalk while attempting to enter a business or residence.
In South Carolina, the responsibility for repairing and maintaining sidewalks falls squarely on local government authorities. The adjacent property owner does not have a legal responsibility to fix a broken sidewalk in front of their house or business.
This does not mean that you are without options if you are hurt due to tripping and falling on a sidewalk. Private individuals and businesses can still be responsible for injuries you suffer if they created a hazard on a sidewalk and did nothing about it. In some situations, you may also be able to hold the local government entity responsible.
There are many complexities in any premises liability case. That is why if you or a loved one has tripped and fallen on the sidewalk while at a store or someone’s home, you should speak with our injury lawyer at Lowcountry Law, LLC. Our legal team has years of experience in representing clients hurt by others’ carelessness.
Schedule a free, no-obligation consultation with us today so that we can review your case and advise you of your legal options for recovering compensation.
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]]>The post Birth Injury Lawyer Discusses Common Birth Injuries appeared first on Lowcountry Law, LLC.
]]>Doctors and other medical professionals can provide negligent care to the mother during delivery, thereby causing a birth injury or defect. Negligent care could include:
When such negligent acts occur, the health of both mother and child is jeopardized. For the newborn, the risk of birth injuries increases. Some of the more common birth injuries observed include:
This injury occurs when small blood vessels underneath the baby’s skull are broken during birth. This can happen naturally or as the result of a doctor using a vacuum or force to assist with delivery. While most cases of cephalohematoma resolve within a matter of weeks, others may be more long-lasting.
Cephalohematomas may result in a circular injury on the baby’s scalp that may be indented. If the injury does not go away on its own, medical intervention may be necessary.
This condition describes nerve damage to the baby’s arms and hands. The baby will be unable to move or manipulate the affected arms and hands and will require consistent physical therapy to prevent further damage. Brachial damage often occurs during delivery as the baby passes through the birth canal.
The use of force to aid delivery can contribute to nerve damage that leads to brachial palsy. In some cases, the nerve damage is temporary and may heal with time and physical therapy. In other cases, the damage may be permanent.
Similar to brachial palsy, if forceps or other force is used to assist with delivery and injury occurs to the baby’s face, paralysis of the baby’s facial muscles may occur. The baby may be unable to move its facial muscles or close one of its eyes.
Bruising of the facial muscles may result in only a temporary injury. If the facial nerve is completely torn, however, the paralysis will likely be permanent.
Birth injuries can impact you and your new family at an especially vulnerable time. Lowcountry Law, LLC and our attorney Matthew Breen have dedicated our firm’s practice to help you and others achieve justice.
Attorney Matthew Breen honed the virtues of discipline and integrity while a student at The Citadel, and he will bring those traits to work in your personal injury case.
If you or your newborn child have suffered a birth injury, contact Lowcountry Law, LLC, right away for a free case evaluation.
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]]>The post Automobile Accident Attorney Discusses Steps Following a Car Crash appeared first on Lowcountry Law, LLC.
]]>A traffic crash results in property damage every six minutes, and an injury crash happens every 16 minutes in South Carolina, according to the Department of Public Safety’s statistics. Knowing ahead of time what to do in the event of a crash may help ensure you don’t cause further harm to yourself – physical or legal – in the aftermath.
What to Do After a Vehicle Crash in South Carolina
As is true with any traumatic experience, the best way to make it through the moments following a car wreck is to proceed step by step. Remember and follow the following steps after a crash:
Assess Yourself and Others for Injuries and Call for Help
Your first concern must be to ensure that you, your passengers, and any other motorists involved are not seriously injured. If you suspect that anyone is injured, you should immediately call 911 and ask for help. It is better to ask for help than to delay the arrival of medical assistance.
When you call 911, the dispatcher will want to know the location of the crash, how many people are involved, and the nature of people’s injuries. If you are physically able to do so, the dispatcher may direct you to provide first aid to others until medical help arrives.
Report the Accident to Law Enforcement and Exchange Information
If there are no injuries, but you suspect there is significant property damage that might exceed $1,000, you should contact law enforcement to report the accident. While you may report a property damage accident after the fact, it is often easier for law enforcement to respond and gather information at the scene.
You should also exchange insurance information with the other drivers involved, but be careful about discussing the facts of the accident before speaking with an automobile accident attorney. Careless remarks such as not seeing a traffic light or missing a yield sign may be used later to contest a claim or lawsuit for damages.
File an Insurance Claim or Car Accident Lawsuit
Finally, be certain to pursue compensation through an insurance claim or the courts in a timely manner. In either situation, you only have a limited amount of time to seek such compensation. While you can pursue a lawsuit with an automobile accident attorney up to three years after the crash, insurance claims may need to be filed much sooner.
If you remember only one step, it should be to contact an experienced South Carolina automobile accident attorney for assistance.
No matter the severity of your accident, we at Lowcountry Law, LLC offer potential clients a free case evaluation. This helps us provide guidance and direction about your rights and can help you take appropriate action. Contact us at Lowcountry Law, LLC today about your free case consultation.
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]]>The post Avoiding a Parking Lot Slip and Fall appeared first on Lowcountry Law, LLC.
]]>Since parking lots are simply large paved areas where traffic proceeds at a slow pace or is stationary, you may consider parking lots free from dangers. Nothing could be further from the truth, however. Any one of the following can lead to a parking lot slip and fall:
Because it is exposed to the elements, parking lot slip and fall hazards can accumulate water, snow, ice, and spills from other substances. Like the floors of businesses, parking lots need to be inspected regularly and cleared of these materials.
Not all businesses have the resources to do this, however, and may simply hope these will disappear on their own.
Some business owners may try to stay on top of parking lot maintenance and may repave their parking lots as they become older. While there are benefits to doing so, newly paved surfaces may not provide the traction that an older surface might provide. These surfaces are especially prone to becoming slippery during inclement weather resulting in a parking lot slip and fall.
Finally, a parking lot that is older may have uneven sections where one part of the parking lot is higher or lower than the surrounding areas. These areas are not always easily visible until you are right on top of them. These, too, can cause a slip and fall if you are not careful with your footing.
Vigilance is key to staying safe in a parking lot and avoiding a parking lot slip and fall. You should:
Be especially cautious in parking lots that are poorly lit as this can conceal any dangers present.
If you slipped and fell while walking through a company’s parking lot, you may have a premises liability case against the business owner. If that business owner did not properly maintain their parking lot or warn you of dangers, you might be able to recover compensation for your injuries.
Lowcountry Law, LLC is experienced in helping personal injury victims across South Carolina recover monetary damages. Let us discuss your case and rights with you as part of our free, no-obligation case evaluation.
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]]>The post Head Injury Lawyer Explains Signs of Head Trauma appeared first on Lowcountry Law, LLC.
]]>Over 60,000 people die each year from traumatic brain injuries, according to the Centers for Disease Control and Prevention. It is impossible to tell how many of these individuals sought medical treatment in a timely manner or if some waited until their injuries became too severe.
What is known, however, is that when you have suffered head trauma, seeking prompt medical attention can improve your overall outcome. Therefore, if you are in a car wreck or suffer a blow to the head and you notice the following symptoms, seek medical assistance right away. Once you have received medical attention, it is important to reach out to a head injury lawyer to review your case.
Low-level concussions may result in a momentary loss of consciousness. You may also not be able to remember the blow itself or what happened immediately prior to the trauma. Either symptom is a sign that your brain has suffered some trauma. The longer you were unconscious, the higher the likelihood of severe injury.
If you experience either a loss of consciousness or have trouble remembering things following a head injury, your head injury lawyer recommends that you seek medical care as soon as possible.
It is common to experience headaches, dizziness, nausea, and vomiting following a blow to the head. If the blow was rather unremarkable and the symptom disappears, there may not be much underlying harm. However, if the symptoms persist, do not get better with time, or if they go away and reappear, you may want to seek help.
If you only know that you have been hit in the head but are not certain how serious your symptoms are, a visit to the doctor or emergency room can help. Any damage to the brain will likely appear on medical imaging. This can give you and your doctor a better idea of what your course of treatment should be.
If you have been injured in a personal injury accident and required medical treatment, you may have the right to compensation. Our head injury lawyer, Matthew Breen, a graduate of The Citadel, is committed to fighting for justice for his clients.
Our legal team will treat you and your loved ones with compassion and tenaciously protect your legal rights. Schedule your complimentary case consultation with our office today.
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]]>The post How Does a Catastrophic Injury Lawyer Get Paid? appeared first on Lowcountry Law, LLC.
]]>Cost, however, is likely to be a concern. Specifically, you may be concerned that a catastrophic injury lawyer’s services will be too expensive. You may worry that hiring an attorney will mean you are stuck with a large bill even if your case does not successfully resolve.
Catastrophic injury lawsuits have the potential to take a while to resolve and involve considerable investigation and preparation before they are ready for trial. To cover the costs of this preparation, a catastrophic injury lawyer will charge fees according to one of three fee structures.
This is the fee structure with which most individuals are familiar. In this structure, the attorney charges you a predetermined hourly rate. If the catastrophic injury lawyer uses the services of a paralegal or other attorneys, there may be different hourly rates for these people’s work.
You will often be required to deposit a retainer or down payment before your catastrophic injury lawyer will begin working on your case. You may also be required to make regular payments while your case is pending.
While not common, some attorneys will use a flat fee structure with personal injury clients. In a flat fee structure, you pay a one-time fee for the attorney to handle your case. The payment is either made as a lump sum or in a few installments.
Flat fee structures are not often used by a catastrophic injury lawyer because it is difficult to anticipate what costs will be incurred or how long a case will take to resolve.
This could result in the attorney not being fairly compensated for their time and efforts. Or it could result in you being overcharged, paying more than your attorney was able to recover.
Contingency fees are the most popular fee structure for personal injury cases. Upon taking your case, your catastrophic injury attorney and you will agree that the lawyer will receive a fixed percentage of whatever recovery they can obtain for you. This allows you to obtain legal representation and encourages the attorney to obtain the best recovery possible.
The South Carolina Rules of Professional Conduct do not specify the percentage, but they do require that any contingency fee agreement be reasonable.
Do not let a fear of attorney’s fees or costs keep you from seeking legal help. If you or a loved one have suffered a serious injury in a car accident, workplace incident, or another occurrence, contact Lowcountry Law, LLC for immediate assistance.
We want to put our resources and knowledge to use for you and help you recover compensation. Contact us at Lowcountry Law, LLC, for a no-cost case evaluation.
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]]>The post Car Crash Lawyer Identifies Most Dangerous Cities for Motorists appeared first on Lowcountry Law, LLC.
]]>Statewide Car Accident Statistics
South Carolina’s Department of Public Safety publishes an annual Traffic Collision Fact Book. The most recent of these books cover the statistics from 2020. According to these statistics, in 2020, there were:
The number of individuals killed and the number of fatal collisions represent increases from 2019. The number of injury accidents and motorists injured in crashes both decreased from 2019 to 2020.
Most Dangerous Counties in South Carolina
Using the statistics in 2020’s Traffic Fact Book, a car crash lawyer can easily see where South Carolina accidents occur most often. The Traffic Fact Book organizes these statistics into the number of fatal collisions, the number of collisions resulting in serious injuries, and the number of crashes that resulted in some form of injury.
Greenville and Charleston Counties
Greenville and Charleston Counties top the list for the most fatal collisions and injury crashes. In Greenville County in 2020, there were 72 fatal collisions, 189 crashes that resulted in serious injuries, and another 13,740 collisions that resulted in less serious injuries.
For Charleston County, there were 68 fatal collisions, 234 serious injury collisions, and 13,077 other injury crashes.
Spartanburg County
Spartanburg County also experienced a high number of collisions of all types in 2020. Fifty-eight fatal collisions happened in Spartanburg County, and another 148 serious injury collisions occurred during the same timeframe. In addition, there were 8,718 crashes resulting in less serious injuries.
Horry County
Horry County, South Carolina, also was the site of a number of collisions in 2020. There were 56 crashes that each resulted in at least one death and 150 crashes resulting in serious injuries. Additionally, 9,459 injury crashes occurred.
Talk with a Skilled Car Crash Lawyer About Your Wreck
Car crash lawyer Matthew Breen with Lowcountry Law, LLC is committed to helping individuals and families recover following an accident. Our car crash lawyer will work hard to help you obtain the financial compensation you require to treat your injuries and regain your financial footing.
With offices in Mount Pleasant and Myrtle Beach, we are well-situated to help clients throughout the Palmetto State. Learn about our car crash lawyer services by scheduling a free consultation with us.
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]]>The post Settling Your Personal Injury Claim with an Injury Lawyer’s Assistance appeared first on Lowcountry Law, LLC.
]]>You may have had the experience of being in a crash that totaled your vehicle but did not result in any injuries. You may have received an offer from an insurance company shortly after that.
In this situation, deciding whether to accept the settlement is easy. If the amount covers the value of the vehicle or the cost of repairs, it may be a safe choice to accept the settlement without needing to consult an injury attorney.
But determining whether a settlement is appropriate is much more challenging if you or a loved one suffers catastrophic injuries or injuries that require long-term treatment. You must consider your immediate costs and the costs you may incur in the future for treatment and lost earning potential, for example.
It is not sufficient, though, to just anticipate what types of future costs you might incur. You must also anticipate what those expenses might cost in the future. This requires you to contemplate inflation and incidental costs as well.
All of this means that the initial settlement offer you receive may not be in your short- or long-term interests. Unfortunately, if you accept such a settlement, one of the terms of the settlement will be that you cannot later bring a lawsuit to recover more compensation.
You would, essentially, be stuck with whatever compensation you agreed to in the settlement.
An experienced injury lawyer knows that settlements can benefit both you and the other party. The other party benefits by avoiding the time and expense of a trial and the uncertainty of damages a court may award. Through a settlement, the other party can also move on quickly from your claim.
Therefore, your injury lawyer will work to negotiate a settlement that is palatable to the other party and adequately compensates you for your losses. This can be intimidating to do on your own, but for your injury lawyer, this is part of the process of helping clients.
If someone’s negligence caused injury to you or your loved one, Lowcountry Law, LLC can help you. We are committed to helping resolve your legal claim quickly while still working to secure you compensation for your past and future expenses. Speak with us today and ask about scheduling your free case evaluation session.
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]]>The post When to Contact a Nursing Home Negligence Lawyer appeared first on Lowcountry Law, LLC.
]]>You may miss some of the initial signs that your loved one is being abused or neglected. Once you do become aware that abuse or neglect is occurring, though, you must take prompt action to protect your legal rights. Your first instinct may be to try to resolve the issue directly with the nursing home, but that may not be the best path forward.
Civil negligence lawsuits in South Carolina must commence within three years of the date of the injury. This is known as the statute of limitations. If you were to go beyond the statute of limitations and attempt to bring a lawsuit more than three years after the injury date, your lawsuit could be dismissed. You would not recover any damages.
The three-year time period begins to run when your loved one’s injury occurs or when they should have known they became injured. This means that time spent attempting to resolve your loved one’s care with the nursing home following discovery of abuse or neglect would count against the three-year statute of limitations.
If you suspect your loved one is the victim of nursing home abuse or neglect, there is no time to delay. You should reach out and speak with your nursing home negligence lawyer as quickly as possible. Speaking with an attorney promptly, perhaps even before speaking with the nursing home administration, is advisable for several reasons.
First, speaking with a nursing home negligence lawyer quickly gives you the most time for purposes of the statute of limitations. Your attorney can prepare your loved one’s lawsuit, if necessary, to protect your rights. You could still resolve your claim outside of court, but it does protect your loved one’s rights if no out-of-court resolution is possible.
Secondly, enlisting the help of an attorney early in the process allows them to be involved in any attempts to reach an out-of-court resolution. Your lawyer is better equipped to help ensure any such resolution adequately protects your loved one’s interests and needs.
Victims of nursing home abuse and neglect deserve a champion who will fight hard for them and their rights. At Lowcountry Law, LLC, our attorney Matthew Breen will do just this. A graduate of the Citadel, attorney Matthew Breen learned the importance of hard work, discipline, and integrity, all attributes he brings to every client’s case.
When you call our office, ask us about your free, no-risk case consultation. We would appreciate the chance to review your situation with you and discuss your legal options.
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]]>The post Spine Injury Attorney Discusses Top Causes of Spinal Cord Damage appeared first on Lowcountry Law, LLC.
]]>The World Health Organization also reports that many spinal cord injuries occur because of preventable accidents. Knowing what types of incidents are likely to lead to a spinal cord injury can help you remain safe by informing you of situations where you should exercise greater care.
No matter the cause, your spine injury attorney can help you recover compensation if someone else’s negligence led to your SCI. Nonetheless, the SCIs that a spine injury attorney can assist with happen in accidents involving:
Accidental Falls, Trips, and Slips
Falls of any type are a leading cause of spinal cord injuries. A fall of just several feet is sufficient to inflict permanent damage to the spinal cord and perhaps inflict a traumatic brain injury. But falls from any height, even trips and slips while walking, can lead to spinal cord damage.
Therefore, you should be careful at all times when walking or running. Be vigilant for trip and slip hazards. Similarly, exercise caution when climbing on a ladder and follow safety precautions by not standing on the top rung of the ladder and not exceeding the ladder’s weight limit.
Car Crashes and Motor Vehicle Accidents
A spine injury attorney will also see clients with SCIs who have been involved in vehicle crashes. Truck collisions are particularly likely to cause spinal cord injuries, but even collisions involving other types of vehicles can lead to SCIs.
While there is no way to fully protect yourself from the risk of an SCI in a crash, wearing your seat belt at all times can help reduce the risk. Also, you should ensure your vehicle’s safety equipment, like airbags, is working properly.
Acts of Violence
Finally, crimes and fights can lead to spinal cord injuries. Most commonly, a spine injury attorney will see SCIs in individuals who have been shot. A bullet can cause significant damage to the spinal column and may lead to paralysis in some cases.
You may not have been the intended crime victim. A robber or shooter who fires an errant bullet that strikes you can cause just as much damage as if they were aiming for you.
If you or a loved one suffered an SCI due to a trip and fall, a workplace accident, a car crash, or any other accident, reach out to talk with us at Lowcountry Law, LLC. We will discuss the facts of your accident, and our spine injury attorney Matthew Breen will advise whether you may be entitled to compensation.
Contact our office today and request a free, no-cost case consultation with our legal team.
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]]>The post Newly published judicial opinion and win! appeared first on Lowcountry Law, LLC.
]]>Summary: Bankruptcy cases are different in purpose and scope from most other debtor-creditor matters and two-party disputes in general. Bankruptcy law is collectivist in nature, impacting a debtor and potentially many of her creditors. Its purpose protects the debtor’s fresh start while equitably adjusting and enforcing creditor payment rights. Bankruptcy law is a uniform federal law and its prophylactic treatment of the debtor-creditor relationship would be significantly impaired were the contours of discharge dependent upon the source of enforcement of the discharge injunction. Uniform application of the law of discharge and how its entry is enforced should not depend upon whether the issue is before a judicial officer or an arbitrator and should not vary depending upon whether a creditor has contracted for arbitration or not. To the extent that the bankruptcy clause in the United States Constitution was intended to ensure uniformity in application of the law to sovereign states,likewise it requires uniformity of the law of discharge to all debtors and creditors. Inherent conflicts between the FAA and the Bankruptcy Code exist with respect to Plaintiff’s causes of action. Accordingly, Plaintiff is not required to submit these claims to arbitration.Because Defendants’ motion asserts no other basis for dismissal of Plaintiff’s adversary proceeding, the Motion to Dismiss is denied.
Our firm is available to co-counsel with any Debtor’s attorneys on issues relating to creditor violations of the Bankruptcy Code.
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]]>The post Attorney Matthew Breen recognized in Best Lawyers Ones to Watch for 2023 appeared first on Lowcountry Law, LLC.
]]>Recognition by Best Lawyers is widely regarded by both clients and legal professionals as a significant honor conferred on a lawyer by their peers. For more than four decades, Best Lawyers publications have earned the respect of the profession, the media, and the public as the most reliable, unbiased source of legal referrals anywhere.
Best Lawyers lists of outstanding lawyers are compiled by conducting exhaustive peer-review surveys in which tens of thousands of leading lawyers confidentially evaluate their professional peers. If the votes for a lawyer are positive enough for recognition by Best Lawyers, that lawyer must maintain those votes in subsequent polls to remain in each edition. Lawyers are not permitted to pay any fee to participate in or be recognized by Best Lawyers.
For more than 40 years, Best Lawyers has been regarded—by both the profession and the public—as the most credible measure of legal integrity and distinction in the United States. Our founding principle has remained unchanged since 1981 and forms the basis of our transparent methodology: the best lawyers know who the best lawyers are. As always, no fee or payment to participate is allowed. We have proudly expanded our peer review process for those earlier in their careers with Best Lawyers: Ones to Watch in America.
Best Lawyers increases the visibility of your recognitions to referring attorneys, worldwide counsel and clients of legal services through our partnerships with The Wall Street Journal, The New York Times, The Los Angeles Times, The Washington Post, Dallas Morning News and Tampa Bay Times, plus regional, business, local and consumer publications both in print and online.Matthew Breen is honored to be recognized by Best Lawyers for his successful legal work and client advocacy in the areas of Personal Injury and Workers’ Compensation.
https://www.bestlawyers.com/lawyers/matthew-breen/320931
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]]>The post What Do Workers’ Compensation Attorneys Do? appeared first on Lowcountry Law, LLC.
]]>Finding an attorney to represent you can make all the difference in the success of a claim. Whether it’s recovering lost wages or mountains of medical bills, our experienced workers’ comp attorneys can give you the guidance and care you need to recover. Lowcountry Law, LLC is committed to helping those hurt at work receive the justice and compensation that they deserve. Our workers’ compensation attorneys in the Charleston and Myrtle Beach area take a thorough approach to help ensure that you and your family are not taken advantage of by your employer or their insurance company.
The first step after you have suffered an injury in the workplace is to report the injury immediately. One of the biggest mistakes people make after becoming injured on the job is neglecting to report their injury to their supervisor and have an official accident report filed.
This accident report should include a detailed description of your injury and exactly what you were doing when you become injured. After completing your report, your employer will contact their workers’ compensation insurance provider, file a claim, and schedule an appointment for you to see one of their insurance provider’s approved doctors. You should always ask for a copy of your accident report and any other documentation surrounding your injury.
There are various reasons that a workers’ compensation claim may be denied, including, but not limited to:
Thankfully, even if your claim was denied, you are still able to file an appeal with the South Carolina Workers’ Compensation Commission. Contacting a skilled workers’ comp lawyer BEFORE filing your
Because South Carolinians do many different types of jobs, there are a vast number of injuries that can occur while at work. Some of these injuries may be minor, while others can be severe and life-altering. If you are not sure whether your injury qualifies you to file a worker’s compensation claim, you should always consult with a lawyer about your specific situation.
Some common workplace injuries that typically qualify for workers’ compensation include:
Medical Treatment: In almost all workers’ compensation cases, your employer is responsible for the cost of your doctor visits and treatments for your injury. This includes medical necessities such as prescription medication, crutches, wheelchairs, and more. In some cases, employers may even be responsible to cover your medical expenses for the rest of your life. This is why it is always important to consult an attorney before accepting any settlements from an insurance company.
Lost Wages: Most people don’t realize that after being injured at work, your employer is also responsible for reimbursing you for up to 66% of your lost wages. We can help you precisely calculate your salary and benefits to make sure you receive the most compensation allowed under the law.
Compensation for Permanency: Your employer may be responsible for compensating you for any permanent of life-altering conditions that persist due to your injury. After being treated by a physician, we can evaluate any and all physical or mental limitations, restrictions, or losses that could entitle you to receive additional compensation.
Our legal team is committed to seeking justice and compensation for hard working South Carolinians of all job types who have been injured or disabled while on the job. Every case is different and can very in difficulty depending on the type of injury and attention needed to successfully complete your claim. For this reason, all consultations with us are completely free, and you won’t have to pay any attorney’s fees until we resolve your case. Our main priority is your well-being and we are committed to fighting for the compensation you deserve.
Please contact us if you need our services.
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]]>The post 10 Factors The Insurance Adjuster Uses To Evaluate Your Workers’ Compensation Claim appeared first on Lowcountry Law, LLC.
]]>An insurance adjuster views an unrepresented party as an opportunity to settle a claim below its full value. Someone who is not an attorney, specifically an attorney who has spent years practicing workers’ compensation law, doesn’t know the ins and outs of the law and likely doesn’t know how to or have the adequate experience to know what the true value of their claim is. It takes an attorney years of practicing to know how to get full value for a claim. Statistics show that insurers pay out 2.7 times more on claims when there is an attorney involved. So, if you crunch the numbers and do the math, you are going to put more money in your pocket when an attorney represents you.
Insurance companies will also look at who the attorney is on the claim. Not all attorneys are created equal. An attorney who doesn’t have a track record and representation of trying workers’ compensation claims before the South Carolina Workers’ Compensation Commission are at a disadvantage compared to an attorney with a track record of good results. Insurance companies to keep databases of attorney’s and track their reputation on handling claims. So, you not only need an attorney on your side but you need an experienced attorney on your side.
Insurance companies have an abundance of resources to fully investigate claimants and their background. Part of this investigation is searching national databases and software applications that allows them to determine if you have ever filed any prior workers’ compensation claims or suffered any prior on-the-job injuries. If insurance companies find that a claimant has an extensive history of filing worker’s compensation claims with prior employers’, they will use this information to their advantage in attaching the claimant’s credibility or, possibly, the entire viability of the claim.
Another part of the insurance company’s investigation involves researching your general background information and history. This includes your criminal record, prior medical history, prior work history including any terminations, prior insurance claims, family history, social media accounts, driving record, etc. Any negative information that the insurance company finds will be used as leverage to the their advantage in attaching a claimant’s credibility.
If an insurance adjuster senses that a claimant is in desperate need of money they will strategically offer an initial low amount in hopes that the injured worker will accept the quick offer. In the event this offer is denied, the next step by the adjuster is to delay any additional offer in hopes that the claimant becomes desperate to settle over time. An attorney may be able to help you secure additional means of income if you are unable to work while your claim is being litigated.
Under South Carolina law, your employer has the right to control your medical treatment during the course of a workers’ compensation claim. This means that your employer, or more accurately their workers’ compensation insurance carrier, has the right to choose what doctor they will send you to for treatment. The overall value of your claim will largely depend on your doctor’s opinions. Specifically, what type of work restrictions your doctor places you on, what type of future medical treatment they recommend and any actually impairment rating they assign as a result of your injury. Insurance companies know who the most conservative physicians in your area are, and often use the same doctors to send workers’ compensation patients to in hopes of receiving favorable opinions. These physicians may assign lower rating favorable to the insurance company’s position. An experienced worker’s compensation attorney can help control your medical treatment, help you secure a second opinion from a different doctor and even send you for an independent medical exam with a doctor of your choosing.
Insurance companies will do a thorough investigation into your claim, especially if they believe you are untruthful or exacerbating your injuries. This will include searching and canvassing any social media accounts you or any relatives might have to find any information to use against you. This will also include hiring private investigators to follow you and conduct videotaped surveillance. The goal is to try to catch you performing acts that are inconsistent with you medical treatment and your explanation of the severity of your injuries.
If your doctor places you on light duty work restrictions and your employer has work within your restrictions, you will have no choice but to perform the work that is offered. However, often times employers will develop new positions for claimants just to have them show up to work so that they can avoid paying wage benefits. This can include simply having a claimant sit at a desk all day and review documents or even finding a job with a completely different employer who might have work within your restrictions. Again, if your employer provides work within your restrictions you will need to work, but you still need to ensure you are receiving your same pre-injury rate of pay and wages.
Insurance adjusters will often times try to convince an injured claimant in resigning from their job in order for them to settle their claim. There is no law in South Carolina that requires an injured worker to resign from their job in order to settle their workers’ compensation claim. With that said, there are times when a claimant is assigned permanent work restrictions and might not be able to continue in their previous position. In this instance, an employee resignation might be moot. However, you need to make sure you are aware of what rights you are waiving before signing any documents. An experienced workers’ compensation attorney can help you with these issues.
In the event you cannot reach a settlement with the adjuster, they will often file a claim for a hearing with the South Carolina Workers’ Compensation Commission to ask a Commissioner to decide what is owed. The adjuster will then send the file to an attorney who will appear on behalf of the insurance company to represent their position at the hearing. This will require the claimant to either proceed to the hearing and represent himself or herself against an attorney (an obvious disadvantage), or require them to hire an attorney who will appear at the hearing on their behalf.
If you have been injured on the job and are seeking a workers’ compensation attorney in Charleston, Berkeley, Georgetown, or Horry County, please feel free to contact Lowcountry Law at (843) 800-8663 to speak with our attorney about your claim. We are always happy to see if we can help with any issues you might have!
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]]>The post Matthew M. Breen named a Lead Counsel Verified Attorney appeared first on Lowcountry Law, LLC.
]]>Matthew M. Breen has been honored to be named as a Lead Counsel Verified Attorney. Lawinfo states that “when it comes to serious legal issues, the difference between a successful resolution and an unfavorable outcome may rest on the experience, expertise, and reputation of your attorney.”
Experience and a clean record are two important factors to consider when selecting an attorney.
The Lead Counsel Verification process confirms the following factors:
1.) Ample Experience – Attorneys must meet stringent qualifications and prove that a significant portion of
their practice is dedicated to the area of law they are verified in.
2.) Good Standing – Attorneys must be in good standing with their relevant bar associations and already have and continue to maintain a clean disciplinary record.
3.) Annual Review – Attorneys must submit to an annual review of the experience and discipline criteria to
retain the right to use their Lead Counsel Verified status.
4.) Client Commitment – Attorneys must pledge to follow the highest quality client service and ethical standards to receive the Lead Counsel Verified status.
Find out more:
https://www.lawinfo.com/lawfirm/south-carolina/mt-pleasant/lowcountry-law-llc/ef1b7f49-79d4-42a9-a1a0-53be7077fcb9.html?tsid=22680137-388d-493c-85ce-2ccf50e0c1ec
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]]>The post What to do after a car crash? appeared first on Lowcountry Law, LLC.
]]>To build a solid claim against the at-fault driver and his or her insurance company, you need supporting evidence. While your attorney can launch an investigation into your crash and connect the dots, there are steps you can take to streamline the process.
The first thing you should do is assess the situation and get out of the way of traffic. Call 911 immediately to report the crash and any injuries sustained. You must also exchange your insurance and contact information with the other driver involved in the crash.
After you have completed those essential steps, you can begin doing some investigating on your own while waiting for the police to arrive.
If you have a cellphone or camera, you should take pictures of the crash scene from as many different angles as possible. Be sure to emphasize:
If you (or a witness) were able to catch the actions of the at-fault driver on a dashcam, the footage can provide indisputable evidence regarding the cause of the crash.
Be sure to take note of any surveillance cameras posted on the roadway or at nearby buildings. An attorney may be able to subpoena the footage and use it as evidence.
If anyone were around to see your crash, it’s critical that you ask them what they saw and obtain their contact information. This could include other drivers who stopped to help, pedestrians, or nearby building occupants.
When you have the statement of a witness, it’s no longer your word against the other driver’s. A witness may be able to recall exactly how the crash occurred. In some cases, witnesses notice drivers behaving erratically before a crash occurs.
If you have a pen and piece of paper handy, it doesn’t hurt to take notes on the following:
Once the police arrive at the scene of the crash, officers will put together an unbiased report, which may include:
You may obtain a copy of your police report at the South Carolina Department of Motor Vehicles website by completing a request form and mailing it to your nearest branch.
Always seek medical attention promptly after a crash, even if you feel fine. Some crash-related injuries can take several days to develop symptoms. By making an appointment with your physician, your injury could be identified, documented, and treated early on. Plus, the at-fault driver’s insurance company can’t argue that you waited too long to get treatment. The bottom line is that if you feel you need to, be transported from the scene by EMS in an ambulance.
After you have notified your insurance company about your crash and received medical attention, your work is done. Let an experienced South Carolina car accident attorney handle the rest.
Lowcountry Law, offers free and confidential case evaluations to injured motorists by a TOP RATED personal injury attorney. To find out how we can help you, fill out our contact form online. You can also call our Mount Pleasant office or Myrtle Beach office at 843-283-2495.
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]]>The post Three Advantages of Hiring a Workers’ Comp Lawyer appeared first on Lowcountry Law, LLC.
]]>South Carolina’s workers’ compensation system is meant to be easy to navigate. But you may not find it easy or friendly toward you and your needs. Hiring a workers comp lawyer can mean the difference between a claim being denied and approved.
Your workers’ comp lawyer can help you:
One of the first actions you must take following a workplace injury is to report the injury to your attorney. This report must be done within 90 days of your injury. The notification should be in writing, although there is no universal form that this writing must take. If you do not notify your employer of your injury in time, your workers’ comp claim may be denied.
Once you tell your employer about your workplace injury, your employer must complete and submit forms so that your claim may be processed. Not all employers are diligent about doing this, delaying the resolution of your claim and stalling the payment of benefits.
If you have not received any communication regarding your workers’ comp claim, it may be because your employer has not submitted the necessary forms. Your workers’ comp lawyer can help encourage your employer to take care of this vital step. If they will not, your attorney can help you submit your claim on your own.
Receiving notice that your workers’ comp claim has been denied can be terrible news. It can also be a shock and cause you not to know what to do next. Unfortunately, failing to appeal the denial of a legitimate claim can be a costly error.
To appeal a denial, you need a strategy to address the objections that have been lodged against your claim. Your workers’ comp lawyer can help direct you to the appropriate doctor, specialist, or another expert for evaluation to strengthen your claim.
When it comes to your financial recovery after a workplace mishap, any delay can be detrimental to your health and financial well-being. Lowcountry Law, LLC and our legal team have years of experience helping workers injured on the job receive their workers’ compensation benefits. Let us help you with your claim.
Call our office and schedule your free consultation with us today.
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]]>The post How and Why a Car Wreck Attorney Investigates Your Crash appeared first on Lowcountry Law, LLC.
]]>The reasons you would want this to happen, though, may not be immediately apparent. After all, you may remember very well what happened, so it may seem pointless to need someone else to investigate.
But a thorough investigation into the causes of your car crash often proves beneficial in your efforts to obtain compensation. Also, the tools and resources available to your car wreck attorney often exceed those available to you.
In light of this, if you are hurt or need compensation following a traffic collision, you should speak with an attorney as soon as possible.
There are numerous ways your car wreck attorney uncovers who was involved in your car accident and how the wreck occurred. These methods include:
Your attorney will request copies of the crash report and other reports and videos from law enforcement. Crash reports do not always capture all details of an officer’s accident scene investigation. A review of other materials from law enforcement may contain crucial statements by others or show important scene details.
Law enforcement officers may not have had the opportunity to interview every witness at the scene of a crash. Or they may not have asked some witnesses critical questions. Your car wreck attorney can often locate these witnesses and ask the questions officers should have asked to gain a clearer picture of the wreck.
If a witness refuses to cooperate with your car wreck attorney’s efforts, your lawyer may be able to compel that witness to appear and provide statements under oath in a deposition.
In complicated vehicle crashes, consulting with one or more experts may be necessary. Experts may be needed if you cannot remember the crash or if many factors led to the crash. Trucking accidents may also require expert assistance to analyze the volumes of data that can be collected.
Your experienced car wreck attorney can tell if your case requires this sort of evidence and where to find an appropriate expert to assist your case. Your attorney will also possess the skill and knowledge needed to prepare this expert to testify in court, if necessary.
If you or a loved one have been hurt in a South Carolina crash, trust your case to Lowcountry Law, LLC. Our car wreck attorney has years of experience helping injury victims navigate confusing insurance claims and court processes. Attorney Matthew Breen tirelessly works to help clients achieve the best possible outcome.
We would appreciate the opportunity to discuss your case with you in a free, no-obligation case consultation. Contact our office to schedule yours today.
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]]>The post National Study Highlights Safety Risks on South Carolina Roads appeared first on Lowcountry Law, LLC.
]]>South Carolina drivers recently received the dubious distinction of being ranked the 3rd “worst drivers” in the country, according to a nationwide study conducted by Car Insurance Comparison.
In particular, the car accident death rate for South Carolina was 1.73 deaths per 100 million vehicle miles driven, the highest rate per capita of any state in the country. South Carolina also topped the list for several other accident criteria in the study, including having the highest cycling death rate in the U.S.
Why are South Carolina’s roads so dangerous? What earned the state such a high ranking among the worst drivers nationwide? And are South Carolina’s car accident statistics getting worse? Unfortunately, yes. Since the study was conducted, there have been even more car accident fatalities in South Carolina than ever before.
Car Insurance Comparison used 5 different criteria to compare car accident data from one state to another. These 5 criteria included:
Based on motor vehicle accident statistics compiled by the National Highway Traffic Safety Association (NHTSA), South Carolina finished tied with Montana for the 3rd-worst state in the country.
As we mentioned earlier, South Carolina had the highest per capita motor vehicle accident death rate of any state in the study – 1.73 deaths per 100 million vehicle miles traveled.
South Carolina also came in last nationwide in terms of fatal car accidents involving cyclists. South Carolina’s per capita bicycle accident fatality rate was 0.5 deaths per 100,000 people, the most of any state nationwide.
Speeding-related car accidents are a big problem in South Carolina as well. According to the study, 45.85 percent of car accident fatalities involved speeders, the second-highest percentage of any state in the country.
Car Insurance Comparison based its recent nationwide study on NHTSA car accident data from 2019. Since then, South Carolina has set records in nearly every car accident category statewide, including a record number of car accident fatalities in a single year.
In 2020, a total of 1,064 people died in car accidents in South Carolina, the most fatalities in a single year in more than a decade, according to NHTSA statistics. In contrast, 1,006 people died in motor vehicle accidents in South Carolina in 2019. This is despite the fact that there were fewer drivers on the road in 2020 due to the pandemic.
Some of the largest increases occurred due to crashes caused by speeding drivers and drunk drivers. In 2020, there were 494 speeding-related fatalities in South Carolina, the most in more than a decade. Fatal car accidents caused by drunk drivers with a blood alcohol concentration (BAC) of 0.08 or higher reached a 4-year high of 315 deaths in 2020 as well in South Carolina.
In addition, pedestrian accident fatalities in 2020 were the highest in more than a decade. That year, 187 pedestrians died in accidents in South Carolina caused by drivers, according to NHTSA accident statistics.
If you or someone you love is injured in a crash that isn’t your fault, a car accident attorney can help you recover compensation for your losses. Unfortunately, injury claims often turn out to be much more complicated than they need to be. Often, it’s because the at-fault driver tries to pin some of the blame on you or denies doing anything wrong at all.
At Lowcountry Law, our attorneys can fight for your rights every step of the way. We know the law and understand how the legal system works here. That’s why we have such a strong track record of success.
Discover what we can do for you. Contact us to schedule a free case evaluation with a lawyer who will put your best interests first. We proudly handle injury claims throughout South Carolina.
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]]>The post South Carolina Workers’ Compensation Overview appeared first on Lowcountry Law, LLC.
]]>Workers’ Compensation laws were first passed in the United States around the beginning of the Twentieth Century (1911). It was not until 1935 that South Carolina created what was then known as the Industrial Commission in response to the enactment of workers’ compensation laws in this state.
The Industrial Commission was charged with providing a low-cost means of handling claims for on-the-job injuries to employees. With industrialization occurring at that time, factories and working environments could be extremely dangerous with very few safety measures in place and no safety training. Workman’s compensation laws, as they were then known, helped to protect the workers and brought about numerous changes in workplace safety.
Under Workers’ Compensation, an injured worker did not have to sue to recover. The recovery process was much quicker than a lawsuit, but the amount received might be lower than could have been received in a civil court action. The trade-off was that employers could not be liable for lawsuits involving the employer’s negligence and the method of handling claims would be streamlined and less expensive:
i.e., if an employer negligently ran over an employee with a forklift or caused an amputation by turning on a conveyor belt, their amount of exposure/liability was reduced under workers’ compensation and the Industrial Commission would handle claims in a manner that was quick, less costly and did not necessarily require attorneys.
Workers’ compensation provides a no-fault means of compensating workers for medical costs and lost wages. By “no-fault” we mean negligence is not a consideration. If an employee trips over his own feet, the employer is still liable.
The Industrial Commission was renamed the Workers’ Compensation Commission in May, 1986. Today’s Commission is made up of seven commissioners who are appointed by the Governor. Each Commissioner serves for a six-year term. Terms are staggered so that several experienced commissioners will always be serving. There is a chairman who is one of the seven commissioners. The chairman is appointed by the Governor to serve a two-year term. A commissioner may serve no more than two consecutive terms as chairman.
The Commissioners rotate between seven administrative districts: District 1 – Greenville; District 2 – Anderson; District 3 – Orangeburg; District 4 –Charleston; District 5 – Florence; District 6 – Spartanburg; and, District 7 – Richland.
The venue for hearings is typically the county where the accident occurred. The commissioner attends hearings and is responsible for determining contested cases, approving settlements, and conducting viewings and informal conferences.
Besides hearing commissioners, there is an entire bureaucracy that accompanies the Workers’ Compensation Commission. The Executive Director is appointed by the seven Commissioners and serves at their leisure. The Executive Director is responsible for the supervision and management of the Commission’s branches:
Administrative | Coverage and Compliance |
Information Resource Management | Judicial |
Claims | Legal |
There are also two deputy commissioners who can conduct Viewings and Informal Conferences, other than Clincher approvals.
On average, about 150,000 on-the-job accidents are reported each year in South Carolina. Of that, around 2% go to a contested hearing before a Commissioner. That means that the vast majority are resolved through the employer, its insurance carrier and the employee. When an employee hires an attorney, the value of the claim typically increases significantly. Employer and insurance adjusters are taught that preventing an employee from hiring an attorney is probably their single greatest cost reducer. In some instances, the participation of an attorney for the injured worker can cause the value of the claim to increase ten times (10x) or more.
The Workers’ Compensation Act applies to “all private employments in which
four or more employees are regularly employed in the same business or establishment.” S.C. Code Ann. §42-1-150.
The Workers’ Compensation Act defines a covered employer to include “the State and all political subdivisions thereof, all public and quasi-public corporations therein, and every person carrying on any employment. . .” S.C. Code Ann §42-1-140.
Every covered employer is required to maintain workers’ compensation insurance by statute. Additionally, an exempt employer may voluntarily elect to be covered by obtaining workers’ compensation insurance.
The Act specifically exempts the following employers: 1) Textile Hall Corporation, 2) state and county fair associations, 3) railroads, 4) railway express companies, and 5) any person who has regularly employed in service less that four employees in the state, or had a total annual payroll during the previous calendar year of less than three thousand dollars regardless of the number of persons employed. Agricultural employees and real estate agents are also exempted from coverage.
A sole proprietor or partner must elect to be covered by the Act. A corporate officer must file a Form 5 with the Commission if he/she wishes to be excluded from coverage. Regular employees, i.e. not corporate officers, may not elect to be excluded from coverage. Agreements between an Employer and employee to exclude coverage are void. Charitable Organizations are not exempt from coverage.
The most often debated provision under the coverage statute is whether a particular individual is a covered employee. A full-time employee is covered. A part-time employee is covered. A temporary employee is covered, unless at the time the employee was engaged to perform the work, the temporary agency provided a copy of its proof of insurance coverage to the contracting employer.
Whenever an employee is involved in an accident at work, there is a potential workers’ compensation claim. South Carolina has adopted a liberal definition of “accident.”
In Creech v. The Ducane Co., No. 2435 (S.C. Ct. App. Dec. 20, 1995) (1996 Davis Adv. Sh.#1), the Court reversed the Commission and Circuit Court who had denied the claim because it was not the result of an external event such as a slip, trip, sudden effort, etc.
The Court of Appeals ruled that:
… an ‘injury by accident’ includes not only an injury the means or cause of which is an accident, but also an injury which is itself an accident, that is, an injury occurring unexpectedly from the operation of internal or subjective conditions, without the prior occurrence of any external event of an accidental character.
The claimant had previously suffered a back injury and been compensated. He later re-injured his back, when he bent over to lift an object weighing less than one pound.
Your employer has the right, by South Carolina law, to select the doctor that its workers attend for on-the-job accidents. Employers, with the assistance of their insurance companies, typically use conservative doctors that will provide minimal treatment and not write employees out of work. This allows your employer to contain costs.
Employers want workers released to return to work in order to avoid paying weekly checks (temporary benefits). Light duty may be offered when injuries prevent an employee from doing all the physically demanding duties of their regular job. It is important to comply with the company doctors instructions because benefits may be suspended otherwise. If you go to your own doctor, the employer is not obligated to pay for that medical treatment.
We regularly meet with and depose doctors to get to the truth regarding our clients’ injuries. Second opinions, independent medical evaluations (IME), Functional Capacity Evaluations (FCE), and other diagnostic tests may be necessary before a worker is written out of work by the company doctor. Referral to a specialist or surgeon may be necessary.
Employers are allowed to contact your authorized doctors directly, but there are strict guidelines concerning such contact. An injured employee should be given 10 days notice of any communication and has the opportunity to be present and participate, or have their attorney participate, in any meeting between the doctor and employer’s representative. When Employers or insurance adjusters fail to comply with these guidelines, medical records may be objected to and excluded from the evidence at a hearing.
As noted above, most employers are required by state law to purchase workers’ compensation insurance. An employers’ workers’ compensation insurance premium is based in large part on the number of reported losses that they have. If a claim is successfully denied, then it does not cause an increase in the premium. Also, some employers have deductibles that they must pay before the insurance carrier becomes responsible. When an insurance company evaluates an adjuster, the primary focus is usually…
1) why did they pay a claim, or
2) why did they pay that much.
Insurance companies are not as interested in reviewing denied claims, because those claims did not cost them money.
Many defenses are asserted to workers’ compensation claims. Some of the most common relate to the definitions of an “accident”, an “injury”, and the phrases “arising out of” and “in the course of employment”. Cases are also litigated over factual issues/defenses regarding whether medical treatment is necessary, the severity of injuries, and the amount of disability suffered.
The defenses which are established by the definitions of terms under the Workers’ Compensation Act involve the following:
1. Is an injured person an employee?
2. Did an accident occur at work?
3. Did an injury result from the accident?
4. Was the injured employee “on the job” at the time of the accident?
5. Was the injured employee doing the employer’s business at the time of the accident?
If the insurance adjuster does not believe each one of these questions can be answered affirmatively, then this may be grounds for denial of the claim. Without the assistance of an experienced workers’ compensation attorney, valid claims can go unpaid.
Regulation 67-503 addresses payment of temporary total and temporary partial compensation. Temporary compensation is due on the 8th calendar day of incapacity. If incapacity lasts for more than 14 days, then benefits are due for the first seven.
The company’s insurance adjuster is responsible for filing a partially completed Form 15 when payment of temporary benefits begins (Section I). The Form 15 must be filed with the Claims Department and served on the claimant with the claimant’s first check. If the compensation rate changes, the adjuster must complete and serve a new Form 15. If an ongoing period of temporary partial compensation has a varying rate from week to week, the adjuster shall report the first payment on a Form 15. Any supplemental payments shall be reported on a Form 15-S. The Form 15-S is to be completed and filed with a Form 18, six months after the date benefits begin and each six months thereafter until the file is closed.
Permanent impairment is not the same as permanent disability. Permanent impairment is determined by a doctor after an employee has reached maximum medical improvement. Permanent disability is determined by the Workers’ Compensation Commissioner or by agreement of the parties and takes into consideration permanent impairment as well as other factors. An employee may be Totally and Permanently Disabled or Permanently Partially Disabled.
South Carolina statutes provide for scheduled or Specific Disability and General Disability. Specific disability is calculated based in large part on the impairment rating provided by the doctor, the individual worker’s weekly compensation rate, and the scheduled injury chart included in the Workers’ Compensation Act. Impairment is considered an “objective” finding by the medical provider, although doctors opinions can vary wildly on the amount of impairment. General Disability is considered a more “subjective” factual determination made by the Commission. Impairment may only be a small factor in the determination of General Disability. Age, physical condition, education, training, the nature of the injury, and past work experience are some of the other factors the Commission may take into consideration. The AMA Guides To The Evaluation of Permanent Impairment is a medical text relied upon by the Commission in some, but not all, situations. With the assistance of an experienced workers comp lawyer, it is not unusual for the Commission to award more than the doctor’s impairment rating. For instance, a 60 year old, brick mason with an 15% impairment to the back and 15 pound lifting restriction may be awarded Total and Permanent Disability because of his reduced ability to earn a living. Depending on an injured workers past wages this may amount to an award in excess of $300,000.00.
Calculation of permanent disability for scheduled injuries is done according to a formula set out in the Workers’ Compensation Act. Each body part is assigned a particular number of weeks. To determine permanent partial disability, the employee’s compensation rate is multiplied by the number of weeks for the injured body part set out by the statute, the resulting amount is then multiplied by the percentage of impairment that the doctor has given. For example, an employee has a compensation rate of $200. He has suffered an injury to his back. His doctor has released him to return to work, put him at maximum medical improvement (MMI) and given him a 15% permanent impairment rating to the back. ($200 C/R x 300 weeks (back)) x 15% impairment = $9,000.00. Compare this award to that of the brick mason under the General Disability example above.
Section 42-9-140 outlines the rights of surviving dependents. A surviving spouse is entitled to 100% of the award, if there are no dependent children. If there are dependent children the surviving spouse takes one-half and the remainder is divided equally among the children.
Benefits are awarded as if the Claimant was permanently and totally disabled. Adult beneficiaries may be paid in lump sum. A Conservator must be appointed for child beneficiaries. The Act also provides for funeral expenses of $2,500 in addition to the amount of the award.
It is wonderful achieving justice for our clients. If you have been hurt at work, contact me with any questions you have. You can contact me by calling our injury firm at (843) 800-8663, by using the live chat feature, or by filling out this contact form.
Related: Whose Side Is the Workers’ Comp Doctor On In South Carolina? Hopefully, They Are Not On A Side!
Need a personal injury attorney to help you file a claim for compensation? Contact Lowcountry Law for a free case evaluation today.
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]]>The post 10 Things NOT To Do When You’re Injured At Work In South Carolina appeared first on Lowcountry Law, LLC.
]]>2. Don’t refuse any medical treatment. Your employer will say you didn’t suffer an injury because you declined treatment at the time of the accident. Once you need medical treatment, your employer is allowed to select the doctor under SC law. If you refuse to treat with their doctor, your employer or its insurance company can deny you benefits. An attorney can help you get treatment from the company doctor or a new doctor without having your benefits cut off.
3. Don’t give a recorded statement to the insurance adjuster (unless your lawyer is with you.) You are not required to give a recorded statement. The insurance adjuster does not want to help you. Their job is to save the insurance company’s money. If you say the wrong thing, an adjuster will use your statement to deny the claim.
4. Don’t quit your job during your case. An employer is required to provide you with light duty when their doctor gives you work restrictions. If your employer does not have light duty available then their insurance company has to pay you weekly checks. When you quit your job, your employer doesn’t have to pay, even if you are on light duty restrictions from their doctor.
5. If you’re out of work because of your injury, don’t apply for short-term disability (STD) or unemployment. STD applications typically require that you confirm your injury was not work-related. Unemployment applications require you to confirm you are ready, willing, and able to work without limitations. The insurance company will use these documents as evidence that you were not injured at work or have no injury limiting your ability to work. A lawyer may be able to help you apply for these benefits without hurting your claim.
6. Don’t apply for Social Security Disability while on Workers’ Comp. If you apply for Social Security disability while you are treating for a work-related injury, Medicare will want to calculate the amount of your future medical care related to the work injury. Medicare will then demand the workers compensation insurance company set aside that money to pay for that amount of future medical treatment. This can delay resolution of your workers’ compensation claim and may reduce the amount you receive.
7. Don’t assume your HR Manager, Supervisor, the Company Doctor, nurse case manager, or the insurance adjuster are looking out for your best interest. If you were in a car wreck, would you expect the other driver that ran into you to help you get the maximum recovery against them? Of course not. Your employer or it’s insurance company will tell you that you are not entitled to certain benefits or that you are only eligible for a limited amount. They may tell you the company has no insurance. Often this information is inaccurate and sometimes it is downright false. Employers and insurance companies do not want you to seek advice from a lawyer. Why? Because it usually cost them a lot more money to settle a case when an injured worker is represented by a lawyer.
8. Don’t stop going to work without advising your supervisor or HR manager. When you stop going to work without notice, your employer can use this as grounds for termination. Termination does not end your claim, but it may affect the amount you recover. If you refuse to go back to work when you are placed on light duty by the company’s doctor, your benefits can be cut off. A lawyer can help make sure your employer complies with any light duty restrictions and prevent your benefits from being cut off if you are unable to perform the light duty offered.
9. Don’t delete your text messages and voicemails from your employer and the insurance company. Texts or email are the best way to communicate with your employer because you have written proof later. Memories fade over time. Don’t expect your employer to remember how your accident happened, your injuries, or okaying you to miss work when you go to a hearing. Your attorney can use their text messages, email, and voicemail messages to refresh their recollection.
10. Don’t listen to advice from non-lawyers. Just because your co-worker’s Uncle Fred had a work accident in Texas, doesn’t make him an expert. Unfortunately, that doesn’t stop people from trying to give you advice that is usually either inaccurate or wrong. South Carolina Workers Compensation law is complicated. Don’t settle for amateur advice, when you can meet with an experienced South Carolina workers compensation lawyer for free to discuss your rights.
It is wonderful achieving justice for our clients. If you have been hurt at work, contact me with any questions you have. You can contact me by calling our injury firm at (843) 800-8663, by using the live chat feature, or by filling out this contact form.
Related: Whose Side Is the Workers’ Comp Doctor On In South Carolina? Hopefully, They Are Not On A Side!
Need a personal injury attorney to help you file a claim for compensation? Contact Lowcountry Law for a free case evaluation today.
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]]>The post What Fireworks Are Legal in South Carolina? appeared first on Lowcountry Law, LLC.
]]>Lowcountry Law, LLC is known for its compassionate and personalized approach to handling personal injury cases. If you get hurt by a firework injury during a Fourth of July or New Year’s celebration, contact our South Carolina law office for a consultation.
South Carolina laws are specific when it comes to the handling and use of fireworks. Under the Palmetto State’s code of laws, any pyros made with more than two grains are outlawed. Examples of fireworks prohibited by law include cherry bombs (ground salutes), M-80s, TNT salutes, and small bottle rockets less than 3 inches long and 1/2 inch in diameter. In addition to South Carolina local laws, any firecrackers containing more than 50 milligrams of pyrotechnics are prohibited by federal law. Fireworks products acceptable for consumers to handle and shoot off include mortars, aerial fireworks (Roman candles), sparklers, and cakes.
South Carolina law is very specific about the purchase of pyro products. According to the South Carolina Board of Pyrotechnic Safety, you must be at least 16 years old to buy consumer fireworks. Local governments also have the authority to establish their own rules regarding the time and place to shoot fireworks. Therefore, there may be unique ordinances for fireworks between cities like Columbia, Charleston, Lexington, and Myrtle Beach. Before shooting off fireworks, always check the law to ensure you aren’t breaking local ordinances.
State law is also explicit about the sales of fireworks. Consumers should always ensure they aren’t accidentally buying illegal fireworks, either in the type of fireworks or from an unlawful seller. You can spot a legitimate and licensed fireworks retailer by seeing a 3″ x 5″ permit sticker posted on the building. Sales of fireworks must take place in a structure, as state law prohibits selling fireworks from a motor vehicle, canopy, or tent. Anyone operating out of these is illegally selling pyrotechnics and should be avoided.
Individuals wishing to operate a fireworks store must apply for an annual license from the South Carolina Department of Revenue and pay a fee of $200 that is good for one year. Sellers must also hold a valid Certificate of Insurance; a 90-day license fee is $100. The insurance policy must provide coverage for at least $1 million for injuries or damages caused by accidents.
To avoid accidents, individuals holding fireworks shows should always practice safe handling to ensure no one gets hurt, including themselves. Good safety practices include:
Following these and other safety rules will better decrease the chances of people becoming injured. If you observe anyone unlawfully shooting off explosives, report them to the local police or fire department right away.
Sadly, fireworks-related injuries happen more often than most people think, especially around the 4th of July. A harmful firework may result in serious injuries such as burns, bone fractures, lacerations, and eye injuries. Hands and fingers injuries are the most common firework injuries, with burns being the most prevalent. Injuries to the head, ear, and face are the second-highest common fireworks-related wounds people suffer. Eye injuries are the third most common fireworks injury emergency rooms treat, followed by injuries to the legs, arms, and trunk.
Unfortunately, many of these injuries lead to permanent damage or disability for victims of fireworks accidents. What’s worse is the majority of these accidents are preventable with common sense, along with legal fireworks practices being followed.
It is wonderful achieving justice for our clients. If you have been hurt at work, contact me with any questions you have. You can contact me by calling our injury firm at (843) 800-8663, by using the live chat feature, or by filling out this contact form.
Related: Are personal injury settlements taxable?
Need a personal injury attorney to help you file a claim for compensation? Contact Lowcountry Law for a free case evaluation today.
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]]>The post What is the Time Limit for Compensation, TTD checks, and Medical Bills to Be Paid in a South Carolina Workers’ Compensation Case? appeared first on Lowcountry Law, LLC.
]]>Temporary Benefits are due eight (8) days after incapacity. If benefits are improperly withheld, an employer may be subjected to a 25% penalty based on the amount withheld. S.C. Code Ann. §42-9-260. TTD is the check you should be getting every week for compensation for you being out of work. It is 66 2/3 of your average weekly wage.
For General disability, the period covered by compensation may not exceed five hundred weeks. However, if the claimant is totally and permanently disabled and is either a paraplegic, a quadriplegic, or has suffered physical brain damage, the claimant is entitled to lifetime benefits. S.C. Code Ann. §42-9-10. The limit for TTD in partial disability claims is outlined in the schedules and charts referenced above and attached. If an employer’s representative suspends, terminates or reduces temporary benefits without first complying with all necessary procedures, the claimant may be entitled to additional compensation and penalty. R.67-510.
Payment to an authorized health care provider for services shall be made in a timely manner, but no later than thirty (30) days from the date the authorized health care provider tenders request for payment to the employer’s representative, unless the Commission has received a request to review the medical bills. S.C. Code Ann. §42-9-360(D). Medical treatment, as may be reasonably required, shall be provided by the employer for a period not exceeding ten weeks from the date of injury to effect a cure or give relief and for additional time with judgment by the Commission if it will tend to lesson the period of disability. S.C. Code Ann. §42-15-60. There is no liability on the part of an employer to furnish medical treatment to an injured employee beyond ten weeks from the date of injury unless in the judgment of the Commission it “will tend to lessen the period of disability.” Dykes v. Daniel Const. Co. 262 S.C. 98, 202 S.E.2d 646 (S.C. 1974). Medical benefits provision of Workers’ Compensation Act allows the Workers’ Compensation Commission to award medical benefits beyond 10 weeks from the date of injury only where the Commission determines such medical treatment would tend to lessen the period of disability. Dodge v. Brucoli, Clark, Layman, Inc., 334 S.C. 574, 514 S.E.2d 593 (S.C. App. 1999).
NO. If the case is denied, no benefits are due until ordered by the Commission.
YES. If the case is admitted, benefits must be paid promptly according to the regulations. A penalty and/or interest may be assessed for late payments. R. 67-1602 (D). The interest is ten (10) percent of the unpaid installment. S.C. Code § 42-9-90. See also S.C. Code Ann. § 42-9- 230. Temporary benefits may be terminated up to 150 days after the injury is reported.
It is wonderful achieving justice for our clients. If you have been hurt at work, contact me with any questions you have. You can contact me by calling our injury firm at (843) 800-8663, by using the live chat feature, or by filling out this contact form.
Related: Whose Side Is the Workers’ Comp Doctor On In South Carolina? Hopefully, They Are Not On A Side!
Need a personal injury attorney to help you file a claim for compensation? Contact Lowcountry Law for a free case evaluation today.
The post What is the Time Limit for Compensation, TTD checks, and Medical Bills to Be Paid in a South Carolina Workers’ Compensation Case? appeared first on Lowcountry Law, LLC.
]]>The post What Types of Injuries Are Covered by Workers’ Compensation in South Carolina? appeared first on Lowcountry Law, LLC.
]]>The Occupational Safety and Health Administration reports that the following types of work-related injuries were reported the most frequently in 2018:
Many workers also develop chronic illnesses from their jobs. These types of injuries can include mesothelioma, other types of cancer, hearing loss, blindness, and others. Workers who have the highest risk of workplace injuries work in the construction, manufacturing, health care, and public safety industries. Even workers who work at jobs that are perceived as being relatively safe can suffer injuries and illnesses because of their jobs. For example, a common type of workplace injury that is suffered by many office workers is carpal tunnel syndrome.
It is wonderful achieving justice for our clients. If you have been hurt at work, contact me with any questions you have. You can contact me by calling our injury firm at (843) 800-8663, by using the live chat feature, or by filling out this contact form.
Related: Local News highlights one of our Workers’ Compensation claims!
Need a personal injury attorney to help you file a claim for compensation? Contact Lowcountry Law for a free case evaluation today.
The post What Types of Injuries Are Covered by Workers’ Compensation in South Carolina? appeared first on Lowcountry Law, LLC.
]]>The post UPDATE: 3 years in prison for chase and injury crash that hurt our client appeared first on Lowcountry Law, LLC.
]]>Brandon John Larimor Prettyman, 21, who listed a Boyds Creek Rd., Sevierville, address when arrested, was originally charged locally with possession of a stolen vehicle, felony reckless endangerment and felony evading arrest.
On Dec 15, Prettyman pleaded guilty to theft of property (possession) of more than $2,500 and evading arrest at the risk of death and received two three-year sentences to be served concurrently. As a Range 1 offender, the sentence will be served at 30%.
On Nov. 2, a statewide broadcast to law enforcement agencies reported that a 2016 Ford police interceptor was stolen from Universal Auto Sales in Nashville.
Trooper James Owens was parked in a crossover on I-40 near the 283-mile marker in Putnam County, observing traffic when the car passed his location. When the Tennessee Highway Patrol officer attempted to stop the vehicle, the driver fled at a high rate of speed.
The pursuit ended when Prettyman lost control of the vehicle and crashed into a tractor-trailer rig near the 309-mile marker in Cumberland County. Lowcountry Law is honored to represent the gentleman who was the driver of the tractor-trailer.
According to the arrest affidavit filed by Owens, Prettyman passed vehicles on the shoulder and ran other motorists off the interstate during the attempt to elude arrest. Our client was severely injured in this wreck when his truck was forced off the road. Our client ultimately crashed into a tree on the side of the road due to the actions of this crazy at-fault driver.
Prettyman has been in jail since his release from the hospital and is being given credit for 33 days already served in jail at the time of his plea. The felony evading arrest was dismissed as part of the sentencing agreement.
It is wonderful achieving justice for my clients. If you have been hurt at work, contact me with any questions you have. You can contact me by calling our injury firm at (843) 800-8663, by using the live chat feature, or by filling out this contact form.
Related: Local News highlights one of our Workers’ Compensation claims!
Need a personal injury attorney to help you file a claim for compensation? Contact Lowcountry Law for a free case evaluation today.
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]]>The post Empty Chair in Workers’ Compensation Third Party Claims appeared first on Lowcountry Law, LLC.
]]>The Debate
Until now, plaintiffs argued that a party with whom they settled (and is thus no longer in the case) could not be placed on the jury verdict form for the jury to assign a percentage of fault because the statute’s language stated that the sum of the fault of the “defendants” and any fault of the Plaintiff must equal 100 percent. On the other hand, Defense counsel argued that because the statute required that a defendant who is not found to be 50% or more at fault could only be held liable for its specific percentage of fault, it was necessary for all possible at-fault parties to be considered by the jury for allocation even if a Plaintiff chose not to sue such persons or settled with them.
The South Carolina Supreme Court has now answered this question, taking a strict interpretation approach to the language of the statute and declaring that despite the possible inequities of the results, the Court is not going to encroach upon the powers of the Legislature and create a more expansive reading of the statute’s provisions. The net result of the decision is that a party who has fully settled out of the case with a Plaintiff cannot be placed upon the jury verdict form to have fault allocated to it. Furthermore, a defendant cannot invoke Rule 19(a) of the Rules of Civil Procedure to bring these parties back into the case for such a purpose.
In another decision issued the same day, the court further held a defendant could not obtain allocation against an “immune” employer who is not a “potential tortfeasor” because of “immunity” under the Workers’ Compensation Act.
Background
The Plaintiff in the case was struck by a driver pulling out of a gas station on a rural road in Saluda County. However, there was a semi-truck legally parked along the side of the road in front of the gas station, which was not involved in the accident. The at-fault driver’s insurance carrier tendered its policy limits to the plaintiff, and the plaintiff settled with the driver on a covenant to execute.
Subsequently, the plaintiff filed a second suit, accusing the semi-truck driver (Tiffany) and her employer of “proximately” causing the accident. The trucking defendant attempted to bring the at fault driver into the case by using Rule 19(a), SCRCP to make them a party for the purpose of fault allocation under the Contribution Among Tortfeasor’s Act. There was no other basis for Tiffany’s claim against the settled at-fault driver.
The Court’s Finding
In blunt language, not often seen from the court, the Justices wrote that “the analysis is straightforward” and that the at-fault driver “is not subject to liability… based on the covenant not to execute.”
The Court found that the Statute intentionally used the term “tortfeasor” and “defendant” for different purposes in different sections of the Act, evidencing an intent that the terms were not completely interchangeable. The term “defendant” and not “tortfeasor” was used for the section of the Act pertaining to the allocation of fault by the jury. Finding a “defendant” is a party to the case at the time of trial, they rejected Tiffany’s argument that it was entitled to have the settled at-fault driver on the jury verdict form, even though the Court acknowledged that this would seem a troubling or inequitable result. On the other hand, the Court observed that a party such as Tiffany still had the ability to convince the jury that its own fault was zero, and thus obtain a defense verdict.
A key excerpt from the court’s opinion regarding the state’s Contribution Among Tortfeasors Act:
“Moreover, Appellants’ proposed result, advanced by the dissent, would turn the Act on its head to benefit nonsettling defendants at the expense of plaintiffs and those who do settle. That is not the balance the General Assembly struck in the Act. In honoring separation of powers, we adhere to the principle that a court must not reject the legislature’s policy determinations merely because the court may prefer what it believes is a more equitable result.”
Workers’ Compensation
In Machin v. Carus Corp., the Supreme Court answered four certified questions from the United States District Court in the context of a “third-party” action following a Workers’ Compensation claim made after an on-the-job injury. In Machin, after a defense verdict in favor of the third-party defendant chemical supplier, the plaintiff filed post-trial motions and before the Hon. Joseph F. Anderson, who certified four questions to the Supreme Court:
Answering the first three questions in the affirmative, the Court not only made clear that a defendant had the right to argue an employer’s responsibility in an accident, but also that a jury could be informed of the reason that the employer was not a party to the case before it.
The Court went so far as to set forth a potential jury instruction that would explain the reason for an employer’s absence from the trial. Then, the Court, analyzing the difference between the language of 15–38–15(C) and (D) of the South Carolina Code, held that subsection (C) did not permit a non-party to be listed on a jury form and to include an allocation of fault. The Court then recognized that a non-party may be included in allocation of fault under section 15-38-15(D) only where such a person or entity is a “potential tortfeasor.” Because an employer could not be a “potential tortfeasor” based on the immunity of the Workers’ Compensation Act, an employer could not be listed on the verdict form allocation.
Bottom Line
While a defendant can still argue the “empty chair” defense as to settled or “non-sued” parties in trial, when it comes time for the jury to allocate damages only the defendant parties will be on the jury verdict form under (C). There is still some hope that “potential tortfeasors” who have not settled and who are not immune from suit, can also be added for purposes of allocation under section 15-38-15(D).
Therefore, the relatively innocent deep pocket defendant can be left to go to trial after the plaintiff has settled out with the other defendants, and the defendant at trial will not be able to reduce its’ exposure by allocating fault to the other settling defendants.
If you have been hurt at work, contact me with any questions you have. You can contact me by calling our injury firm at (843) 800-8663, by using the live chat feature, or by filling out this contact form.
Related: Whose side is the Workers’ Comp Doctor on in South Carolina? Hopefully, they are not on a side!
Need a personal injury attorney to help you file a claim for compensation? Contact Lowcountry Law for a free case evaluation today.
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]]>The post Attorney Matthew M. Breen admitted to practice before the United States Court of Appeals for the 4th Circuit appeared first on Lowcountry Law, LLC.
]]>The court is based at the Lewis F. Powell Jr. United States Courthouse in Richmond, Virginia. With 15 authorized judgeships, it is mid-sized among the 13 United States Courts of Appeals.
Matthew M. Breen adds this level of practice specializing in federal level appeals work to serve his clients and the clients of Lowcountry Law, LLC.
Related: What do Workers’ Compensation Attorneys do?
Need a personal injury attorney to help you file a claim for compensation? Contact Lowcountry Law for a free case evaluation today.
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]]>The post Are personal injury settlements taxable? appeared first on Lowcountry Law, LLC.
]]>Before we get into the tax aspect of personal injury cases, we want to make it known that upwards of 95% of personal injury claims settle outside of court. However, whether a plaintiff (injured party) settles during negotiations or wins at trial, the tax consequences are the same.
Suppose you file a personal claim and you settle before or during trial. After the contingency fees and medical bills are paid, you get your check. But do you have to give a certain percentage to the IRS?
For the most part, personal injury settlements are NOT taxable under federal or South Carolina law. It doesn’t matter if you won in a jury trial or settled before ever seeing the inside of a courtroom.
Neither the state, nor the IRS can charge taxes on a personal injury settlement in the majority of personal injury claims. Under federal tax law, a plaintiff’s personal injury damages for personal and physical injuries are excluded from their gross income – this is music to people’s ears.
The following types of personal injury damages are not taxable as long as they result from the plaintiff’s personal injury or illness (an illness caused by negligence):
While most personal injury settlements are not taxable, there are two exceptions. First, if a plaintiff receives damages in a breach of contract case, even if it resulted in physical injuries or an illness, the damages are taxable.
Second, punitive damages are also taxable. If your claim involves punitive damages, your personal injury attorney can seek to have them kept separate from your compensatory damages. By doing this, you can show the IRS that part of your verdict involves non-taxable compensatory damages.
Related: WARNINGS about dealing with insurance companies after a car accident
Need a personal injury attorney to help you file a claim for compensation? Contact Lowcountry Law for a free case evaluation today.
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]]>The post Whose Side Is the Workers’ Comp Doctor On In South Carolina? Hopefully, They Are Not On A Side! appeared first on Lowcountry Law, LLC.
]]>In South Carolina and throughout the country, doctors take an oath to keep patients from harm. A doctor’s primary responsibility is to the health, safety, and well-being of the patient. That duty applies equally to workers’ compensation patients. Even though a workers’ comp insurance company is paying the bill, and even though a substantial portion of the doctors’ practice might come from treating a specific company’s employees (i.e. a significant portion of their income comes from the insurance company), a doctor must never lose sight that his obligation is to the patient.
I have deposed doctors in workers’ comp cases before who have been determined to kill claims. It did not matter that my clients were nice, honest, hardworking people who had really injured themselves. I don’t know their motivations or whether they truly believed what they were saying under oath, but I do know that their answers often defy logic and reason. It is, of course, nice for doctors to be “on our side,” but I certainly did not want him to be on the “employer’s side.” I simply would like those doctors to honor their oath and uphold their duty to their patients. I want them to be on the side of medicine. I want them to tell the truth. In my opinion, doctors should be advocates for their patients and should not care how that matters in terms of a workers’ comp claim.
Insurance companies are allowed to pick an injured worker’s doctor, in part because the insurance company is paying the bill. This allowance should not matter, as all doctors should rely on training, medical research, and facts to treat patients. Unfortunately, this does not appear to be the case. While some doctors are “patient-friendly,” many appear to favor the corporations that pay them.
If you want to know whose side your doctor is on, share with him your concern. Let him know that you never wanted to get hurt at work, that all you want to do is get well, and that if you could, you would have your own health insurance company pay for treatment rather than be at the mercy of workers’ comp.
Likewise, if you have questions about the doctor’s reputation with regard to treating workers’ compensation patients fairly, I will never be derogatory, but I will share with you my experiences. I have handled numerous workers’ comp claims with a variety of injuries and usually know where a treating physician stands. Nevertheless, it is my job to make sure that my client’s rights are upheld and they are vindicated in receiving the treatment they need and the compensation they deserve. You can contact me by calling our injury firm at (843) 800-8663, by using the live chat feature, or by filling out this contact form.
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]]>The post Have you been wrongfully terminated from your job? Consider these factors… appeared first on Lowcountry Law, LLC.
]]>While South Carolina is an at-will employment state, there are a number of state and federal exceptions. For example, an employer may not terminate an employee relationship because of the employee’s race, color, gender, disability or religious beliefs, among other things. They also may not terminate an employee currently under contract or an employee who takes advantage of his or her legal rights, such as whistle blowing. When violations occur, the employer can be sued for wrongful termination.
Wrongful Termination Checklist
Job References; S.C. Code Ann. §41-1-65
The references that one employer gives another employer concerning a former employee may give rise to a common law action for defamation. A potential claim of defamation may stem from an employer’s providing another with the reasons given for a termination, a negative evaluation of the employee’s work habits, skills, attitude, or general desirability as an employee. Although employment references are generally privileged under the common law, employers have decided to give out no information other than that a particular employee was a former employee, the job title, the dates of employment, and sometimes salary information. In 1996 the South Carolina General Assembly enacted the Job Reference Immunity Statute. Under this statute, if a reference to a prospective employer is given orally, the employer giving the reference may only disclose the former employee’s dates of employment, pay level and wage history.
If, however, a reference request by a prospective employer is made in writing and is responded to in writing, then the former employer may disclose the following information, to which the employee must also have access:
Regardless of whether a job reference is given in writing or orally, the immunity provided by the statute is lost if the employer knowingly or recklessly releases false information that defames the former employee.
Payment On Termination; S.C. Code Ann. §§41-10-10; 41-10-50; 41-10- 60
For purposes of wage payment and payment on termination, “wages” includes vacation, holiday, and sick leave payments which are due to an employee under any employer policy or employment contract. Funds placed in pension or profit sharing plans are not considered to be wages. Upon discharge, employers must pay their employees within 48 hours of the discharge, or by next regular payday, which may not exceed 30 days. South Carolina does not have any specific provisions governing payment options in regards to employees who quit, go on strike or pass away. In the case of a wage dispute, the employer must notify the employee in writing of the amount conceded to be due. That amount must be paid as required and acceptance by the employee does not constitute a release as to the balance of the employee’s claim.
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]]>The post How poor visibility and speeding can increase the risk of a nighttime accident appeared first on Lowcountry Law, LLC.
]]>According to the National Safety Council (NSC), you’re about three times more likely to be involved in a crash at night than you are during the daytime. The days are the shortest between November and March, which means more drivers find themselves in the dark during their daily commutes. If you were hurt in a crash while driving at night, Lowcountry Law can help you recover damages.
Drivers can typically only see about 250 feet ahead of them at night with the normal use of their headlights. With the high beams turned on, the range of visibility doubles to 500 feet. This is significantly less than the range of visibility drivers have during the daytime. The following factors also affect visibility:
Drivers can often drive safely during unfavorable conditions when they travel at a speed that is safe and prudent. Speed often plays a significant role in nighttime car accidents. That’s because some drivers don’t allow themselves enough time to get from point A to point B, nor do they maintain a safe driving distance between them and the car in front of them. Additionally, drivers who use caution at night are often tailgated by impatient drivers. The blinding glare from the headlights of a tailgating car can easily obstruct visibility.
Not only does speeding at night increase the risk of a crash, but it also increases the likelihood of a crash being severe or fatal. In South Carolina, speed was a factor in 285 out of 1,001 traffic fatalities in 2019. That’s more than 1 out of every 4 statewide road deaths.
Lowcountry Law handles a wide range of car accident cases and we have the experience to fight for you. We’ll take a personalized approach to your case and leave no stone unturned when advocating for full and fair compensation. We know how to deal with insurance companies and negotiate settlements. If a settlement can’t be reached with the other driver’s insurance company, we’re prepared to go to trial.
If you were injured in a crash, we’d be glad to sit down with you and go over your legal options during a free case evaluation. To get started simply contact us online or call one of our offices in Mount Pleasant or Myrtle Beach.
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]]>The post Client Honors Lowcountry Law with gift appeared first on Lowcountry Law, LLC.
]]>Along North Highway 17, sweetgrass basket makers set up roadside stands to sell their wares to tourists and locals alike. The exquisitely-fashioned baskets are a Lowcountry tradition—an American art with African origins. When West African slaves were brought to South Carolina, they brought with them the tradition of weaving baskets from grass with them.
The art of weaving sweetgrass baskets has been passed down from generation to generation, from mother to daughter, through the Gullah community who descended from those West African slaves. Originally designed as a tool for rice production, the sweetgrass basket has evolved to a decorative art. Today, sweetgrass basket weaving remains an integral piece of the cultural fabric of Mount Pleasant. To mark the legacy and artistic contribution of the baskets and their creators, the seven-mile stretch of Highway 17 was designated the Sweetgrass Basket Makers Highway.
Recently, one of our personal injury clients honored us with the gift of one of these amazing baskets. She is a pillar in the local Mount Pleasant community and her basket is truly a work of art. The client and Attorney Matthew Breen had bonded over their shared Lowcountry heritage and the client graciously constructed the basket shown below as a show of thanks at the conclusion of her case.
The love, care, and attention to detail are easily seen.
Thank you again to our wonderful client for honoring us with this gift!
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]]>The post Attorney Matthew M. Breen named Citadel 2021 Young Alumnus of the Year! appeared first on Lowcountry Law, LLC.
]]>The “Young Alumnus of the Year” award recognizes an outstanding achievement, act of humanity, heroic effort, or service to the Nation, City, State or an organization. The action(s) or achievement(s) may be career oriented for special recognition in their field of work or a significant personal achievement within their field. The act(s) of service or humanity must be significant, extraordinary and beyond those normally expected from and individual with similar duties. The award may be based on a single achievement/act or a combination of many. This award is intended to recognize current achievements or acts rather than cumulative performance over many years. Current for the purposes of this award is within the immediate or prior year. Most importantly, this action or achievement must bring honor and credit to the individual(s) awarded and represent The Citadel and its Core Values of Honor, Duty, and Respect in their private and professional life.
See full press release from The Citadel here for the 2021 awards.
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]]>The post Attorney Matthew Breen named a Platinum Client Champion! appeared first on Lowcountry Law, LLC.
]]>Attorney Matthew Breen has previously been recognized as a continuing Silver and Gold Client Champion, but has now been honored to be appointed at the Platinum level. To achieve Platinum, an attorney must have at least 10 actual client reviews and a score of 4.5 or higher on those reviews.
Follow this link to see Attorney Matthew Breen’s profile: https://www.martindale.com/attorney/matthew-mitchell-breen-300269082/
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]]>The post Firm Highlight: Workers’ Compensation appeared first on Lowcountry Law, LLC.
]]>It doesn’t matter if you work on a construction site or in the office, injuries at work happen every single day in all types of places where people work. Because of this, most employers are required to have insurance for these types of claims. That is why there is Worker’s compensation insurance. This insurance is there to protect workers against injuries and wage loss.
Under the Worker’s Compensation Statute when the incapacity for work resulting from an injury is total, the employer shall pay, or cause to be paid, as provided by the law, to the injured employee during the total disability a weekly compensation equal to sixty-six and two-thirds percent of his average weekly wages, but not less than seventy-five dollars a week so long as this amount does not exceed his average weekly salary.
Under the Worker’s compensation statute the loss of both hands, arms, shoulders, feet, legs, hips, or vision in both eyes, or any two thereof, constitutes total and permanent disability to be compensated according to the provisions of this section.
Under the Worker’s Compensation statute when the incapacity for work resulting from the injury is partial, the employer shall pay, or cause to be paid, as provided in this chapter, to the injured employee during such disability a weekly compensation equal to sixty-six and two-thirds percent of the difference between his average weekly wages before the injury and the average weekly wages which he is able to earn thereafter, but not more than the average weekly wage in this State for the preceding fiscal year.
When injured at work, let our law firm guide you through the process of worker’s compensation, so that you will not be led astray by the insurance company. The insurance company most often only has their interests in mind, which is not paying you for the treatment you need to get better and/or paying you the fair value of your claim for your permanent impairment.
We have handled numerous claims over the years and know how to aggressively assert our client’s rights in Workers’ Compensation claims. Contact us today for a FREE, no obligation consultation regarding your claim!
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]]>The post Matthew Breen elected Chancellor of SCSSAR appeared first on Lowcountry Law, LLC.
]]>Matthew will render legal opinions on SC Society matters upon request by the President, and shall report on legal matters of concern to the SC Society.
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]]>The post Matthew M. Breen named to 2021 Super Lawyer Rising Stars list appeared first on Lowcountry Law, LLC.
]]>Click here to see the firm’s ad in the Super Lawyer’s magazine honoring Matthew’s selection
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]]>The post Signs Your Knee Injury Is Serious appeared first on Lowcountry Law, LLC.
]]>YOUR KNEE IS SWOLLEN: It might not be a big deal for your knee to have a small amount of fluid present. On the other hand, if your knee swells up like a basketball in the first few hours after an injury, you could have an ACL tear or fracture.
YOU HEARD A POP: This don’t mean a small pop like the one you feel when you crack your knuckles. This sort of pop isn’t the popping many of people feel under your kneecaps normally with knee motion. If you hear or feel a loud, painful pop during an awkward landing or when you get hit in the knee, you could have torn a ligament. Many athletes say that their teammates heard the pop when they tore their ACLs.
YOU CAN’T BEAR WEIGHT: Extreme pain trying to walk is somewhat of a generic complaint. Many injuries can be serious enough to cause pain when you try to put pressure on the injured leg. It is still a sign you might consider seeking medical attention.
YOUR KNEE BUCKLED OR GAVE WAY: If your knee buckled when you landed from a jump or changed direction suddenly, you could have suffered ligament damage, such as an ACL tear. Alternatively, if you experience your knee giving out with twisting or landing movements in sports weeks or months after an injury, you should consider seeing a sports medicine doctor. True knee instability with activities can risk further damage to the meniscus or articular cartilage.
YOUR KNEE IS LOCKED: Some people can often tear the meniscus in such away that the inner, torn fragment can flip into the center of the knee and block motion. These bucket-handle meniscus tears often require surgery. The surgeon must push the meniscus back into place and repair it with sutures or anchors. Milder or more chronic forms of knee locking or catching also can suggest you have a meniscus tear.
YOU CANNOT FULLY EXTEND THE KNEE: Pain, swelling, and inflammation after acute injuries can all make knee range of motion difficult. It can be a nonspecific finding, though. Regardless, often there could be an ACL tear, acute meniscus tears, patellar dislocations, and more in these circumstances.
YOUR KNEE HURTS IN A VERY SPECIFIC LOCATION: Patients with meniscus tears usually complain of pain in a very specific spot along the joint line rather than throughout the knee. Medial meniscus tears often hurt along the medial (inside) and posterior (back) side of the knee. Lateral meniscus tears often cause pain along the lateral (outside) and posterior aspect of the knee. Likewise, stress fractures usually cause localized pain on the bone at the site of the fracture.
I hope that this list of signs your knee injury is serious is helpful. Again, it is not comprehensive and not intended to replace the advice of your doctor. If anything, I hope you would consider contacting Lowcountry Law, LLC for a FREE CONSULTATION regarding your injury claim!
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]]>The post WARNINGS about dealing with insurance companies after a car accident appeared first on Lowcountry Law, LLC.
]]>No matter how friendly insurance companies seem, THEY ARE NOT YOUR FRIEND. They are more concerned with making your claim disappear and saving money for their company and stock shareholders than they are with giving you a FAIR DEAL.
That’s why it’s critical to be aware of the rights available to you when dealing with insurance companies and avoid falling for the myths outlined below. If you have any legal questions regarding your crash, always speak to an experienced car accident attorney before taking any other course of action.
The only insurance company you’re required to speak to is your own. You must report your crash within a timely manner and provide only the essential details. There is no need to tell your insurance company anything else.
You are under no obligation to speak to the other driver’s insurance company. After reporting your crash, you may be contacted by the at-fault driver’s insurance company. Be aware that anything you tell them will be recorded and will most likely be used AGAINST YOU later to downplay or deny your claim.
To save yourself a great deal of frustration and legal complications, it’s best to refrain from speaking to the at-fault driver’s insurance company. If they have any questions, your attorney can answer for you.
Insurance companies don’t care if you get adequate medical care and reimbursement for medical expenses after your crash. They don’t care if you needed to take time off from work while recovering. If they’re generous enough, they may offer you a meager settlement that covers only a fraction of your car accident expenses. If you accept a settlement, you could find yourself paying the remaining expenses out-of-pocket.
When assessing the value of your claim, insurance companies often leave out crucial losses. This may be done on purpose to avoid having to compensate you to the fullest extent.
If your crash wasn’t your fault, there is no reason why you should have to pay for any crash-related expenses out of your own pocket.
In order to ensure that you are fully compensated, your attorney will need to compile the following to place an accurate value on your claim:
If you were involved in a crash, don’t hesitate to seek legal help. Call Lowcountry Law for an experienced and aggressive attorney to handle your claim. Contact us online or call us at 843-283-2495 to schedule your free case evaluation.
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]]>The post Local News highlights one of our Workers’ Compensation claims! appeared first on Lowcountry Law, LLC.
]]>As Prettyman attempted to come back into a travel lane, Cooper had to move over and made contact with a 2016 Hyundai Elantra driven by 54-year-old Stephen R Lanham of Murfreesboro.
The tractor trailer and the Hyundai both went through the guardrail, down an embankment, and struck some trees. The Fusion also hit the guardrail. Medics transported all three drivers plus a passenger in the Elantra, 40-year-old Rebecca Lanham, to Cumberland Medical Center for treatment of injuries. Charges are pending against Prettyman.
We are privileged to represent Mr. Cooper in his Workers’ Compensation claim and are fighting for justice!
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]]>The post Lowcountry Law, LLC named one of the TOP PERSONAL INJURY FIRMS in Mount Pleasant, SC appeared first on Lowcountry Law, LLC.
]]>Please visit the article to learn more!
The Article: https://www.expertise.com/sc/mount-pleasant/personal-injury-attorney
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]]>The post Matthew M. Breen named to 2020 Super Lawyer Rising Stars appeared first on Lowcountry Law, LLC.
]]>See this link to the firm’s ad in the Super Lawyer’s magazine honoring Matthew’s selection.
Only 2.5% of attorneys in South Carolina are honored with this selection.
https://digital.superlawyers.com/superlawyers/scslrs20/MobilePagedReplica.action?pm=2&folio=48#pg52
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]]>The post We Win Punitive Damages under 11 U.S.C. § 362 appeared first on Lowcountry Law, LLC.
]]>The majority of adversarial cases I file deal with a violation of 11 U.S.C. § 362, more commonly known at the automatic stay. In United States bankruptcy law, an automatic stay is an automatic injunction that halts actions by creditors, with certain limited exceptions, to collect debts from a debtor who has declared bankruptcy. Under section 362 of the United States Bankruptcy Code, the stay begins at the moment the bankruptcy petition is filed. This stay bars “any act to collect, assess, or recover a claim against the debtor that arose before the commencement of a case under” title 11. The Bankruptcy Code also provides under Section 362(k) that any “individual injured by any willful violation of a stay provided by this section shall recover actual damages…and in appropriate circumstances, may recover punitive damages.” A willful violation of the automatic stay occurs when a “creditor knows of the pending bankruptcy petition and intentionally attempts to continue collection procedures in spite of it.”
In the United States Bankruptcy Court for the District of South Carolina, there is a real lack of case law on a lot of issues. I was happy to be able to recently achieve a victory for the Debtors’ Bar in our District. In this present case, a creditor had sent two post-petition attempts to collect a debt (in the form of letters) to a debtor client of mine. As such, I filed an adversarial action pleading three causes of action: violation of §362, negligence, and violation of the SC Unfair Trade Practices Act.
The Creditor’s attorney unwisely filed a motion to dismiss with regards to punitive damages for the first cause of action. At the hearing on his motion, the creditor’s attorney did not prevail. He cited cases from other districts and circuits (mainly because like I said previously, there is an absence of law in SC) and did not persuade the Judge. He even made an argument that we would not have been there if I had picked up to the phone to call his client to tell them to stop the post-petition attempts to collect a debt. The first point I made when I began my oral argument was that I (and my client) are under no affirmative duty, whether under §362 or case law, to call the creditor and ask them to please stop violating Federal Law. The judge agreed with this, and now it has been established in open court here in the District of South Carolina that no prior notice is needed before the filing of an adversarial action under §362. I then turned my argument to support the fact that at a 12(b)(6) dismissal motion hearing, it is premature to dismiss a claim for punitive damages. This was supported by the fact that no discovery at all had been conducted in the case. This was also supported by the fact that the standard for a 12(b)(6) motion holds that all the Plaintiff’s factual allegations are true. In addition, the Defendant had not answered in this case, which made their position undefined. With a skillful oral argument, the Judge agreed with me that it was premature, denied the motion to dismiss the punitive damages, and, more importantly: issued an order detailing that it is not proper to dismiss a punitive damages claim until testimony can be given from the Plaintiff-Debtor.
After the hearing, I reiterated to Defendant’s counsel that §362(k) allows actual damages to be recovered. My client’s actual damages included my attorney’s fees, which were greatly increased with having to defend the motion to dismiss, and her emotional distress damages as she was a disabled person. Due to her disabilities, as hinted at by the Judge in open court, there would also be an award of punitive damages given at trial by the Judge. The next week, the case was able to be settled in the five-figure range, which I feel was a very positive and just outcome for my client.
Any attorneys with bankruptcy cases in the District of South Carolina should feel free to contact me to co-counsel on any §362 violations that they come across in their cases.
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]]>The post Berkeley Co. deputy claims he was wrongfully fired after responding to 911 call appeared first on Lowcountry Law, LLC.
]]>Our firm is here to help you with any of your litigation needs!
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]]>The post Insurance Companies Are Using New Tricks Against YOU appeared first on Lowcountry Law, LLC.
]]>Now, of course, in the past, I have dealt with insurance companies who deny liability until the bitter end when I am forced to file a lawsuit, but they always conceded liability in the end. Now a defense attorney would contend that their client (the at-fault driver and their insurance company) have affirmative defenses to the claim. While I understand that this new behavior occurs even before pre-litigation before a defense attorney ever gets involved.
I have seen insurance carriers attempt to force anywhere fro 15-25% fault for the MVA on the part of the driver who had no responsibility for the accident. Personally, I suspect that this is an underhanded tactic that insurance companies are developing in a way to try to cheat injured people out of the compensation they rightfully deserve. After all, why should the insurance company care whether your bills are paid for and you are compensated for your pain and suffering? The only concern of these issuance companies are their shareholders. As such, they create deceptive and dishonest tricks such as these in an attempt to force people to settle for less. This is evidenced by the fact that these insurance companies always love to tout how many MILLIONS they save on paying out on claims each year, in translation, they are happy to give you the lowest amount they possibly can. This new trick of trying to give you part of the blame goes hand in hand with their ultimate goal: PROFIT AT YOUR EXPENSE.
I hope your takeaway from this article is to always be wary of any insurance company when dealing with claims, especially as they relate to MVAs. Always consult an attorney immediately so that you know your FULL and LEGAL rights.
Very Truly Yours,
Matthew
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