February 13, 2014

Carolina Bicycle Accidents & Premise Liability Claims

So often when we discuss bicycle accidents, we're talking about incidents in bicyclist was hit by a motor vehicle.
However, there are instances in which dangerous road design or other hazards may have played a part in the crash. In these cases, it may be appropriate to seek action against those entities responsible for maintaining the property where the crash occurred.

This was the case in Camicia v. Howard S. Wright Constr. Co., a matter that was recently litigated before the Washington state Supreme Court. Here, the question of liability rests largely on how the land on which the crash occurred was formally classified.

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February 12, 2014

Hicks v. Zondag - Physician Liability in Prescription Overdose Deaths

Pain management has consumed a large portion of the medical industry over the last few decades, with the National Center for Health Statistics reporting that more than a quarter of all Americans over age 20 report having a problem with persistent pain lasting longer than a day. pills6.jph.jpg

Adults between 45 and 64 years of age are the most likely to report having chronic pain, lasting a week or more. Good physicians and health care providers seek to alleviate these ailments with a carefully-planned approach of physical therapy, medication or some combination of both.

The problem is that pain medications can be extremely powerful, particularly in concert with other drugs. In some instances, these adverse effects can even be fatal. The U.S. Centers for Disease Control and Prevention reports that drug overdose deaths have steadily climbed for 11 years straight, tripling since 1990.

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February 9, 2014

Prescription Drug Lawsuits in Charlotte Hindered by Recent Court Rulings

Prescription drug injuries can occur when drugs are poorly made, improperly maintained, over-prescribed, wrongly distributed or have severe side effects of which the manufacturer failed to warn. pillsdrugs.jpg

Any of these could be grounds for filing a personal injury lawsuit in Charlotte.

However, a U.S. Supreme Court ruling last year has made it tougher to file suit against generic drug manufacturers. In a decision that sharply divided the court 5-4, the case of Mutual Pharmaceutical Co., Inc. v. Bartlett, resulted with the finding that generic companies couldn't be held accountable for failure to warn of potential dangers when their warning labels matched the design and language of the brand name, as approved by the U.S. Food and Drug Administration. (Failure to warn through improper labeling is one of the most common complaints filed against generic drugmakers.) However, these same victims are not free to pursue action against name brand manufacturers when their injuries were caused by generic versions of the drug that the brand name manufacturer did not actually make.

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February 7, 2014

School Bullying: Sending Thousands to E.R.

Bullying is no secret. It's found in homes. It's found online. Most commonly it's found in schools. According to NBC, there are more than 90,000 school children who suffer from "intentional" injuries that are severe enough to land them in the emergency room each year.
A recent study published in Pediatrics shows us that the number of bullying incidents and intentional injuries at school has decreased little, despite all of the attention on the issue.

Our Rock Hill child injury attorneys understand that bullying is largely unreported. In this study, researchers only look at incidents that made it to the E.R. Unfortunately, many children are oftentimes too intimidated to speak out against their bully and report the abuse to an adult. These statistics are merely the tip of the iceberg. With this study, officials are hoping to raise awareness of this very serious problem.

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February 3, 2014

Protecting Carolina Residents Through the Wicked Winter

We've got frequent temperatures in the teens and residents throughout the state are trying to stay warm, but with this warmth come some serious risks. With many of us using generators and space heaters to stay warm, we're all increasing our risks for an accident.
But the risks don't stop with the heaters. We've also got serious risks for snowy car accidents, icy slip and fall incidents, carbon monoxide, heart attack risks from overexertion and hypothermia dangers.

Our Greensboro personal injury attorneys understand that the recent polar vortex caused some serious problems throughout the U.S. and really heightened our awareness of the cold weather and its risks. Authorities have blamed a total of 15 deaths on the cold so far, 11 of them from traffic accidents. Luckily, the best way to head off all of these dangers is preparation.

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February 1, 2014

Pedestrian Injured At Asheville Home

A pedestrian was injured recently in West Asheville after a vehicle slammed into construction dumpster. According to the Citizen-Times, the accident happened just before 9:30 a.m. in front of the victim's home at 170 Riverview Drive. He was taken to Mission Hospital with a number of injuries, including a possible broken leg.
"He was getting ready to get into his truck," said a witness of the accident. "It freaked me out. I was amazed he wasn't dead."

Our injury lawyers in Asheville understand that these kinds of accidents are alarmingly common in residential neighborhoods. In this incident, the driver was cited for neglecting to reduce his speed. Citizens frequently express their concerns regarding traffic speeds and pedestrian safety in residential neighborhoods. It involves a joint effort between the residents and the city to improve traffic safety in their neighborhoods. Talk with your neighbors about traffic safety. Be aware of existing conditions and notify the city when situations seem to create a problem.

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January 30, 2014

Schroeder v. Weighall - Misdiagnoses and the Statute of Limitations

A report last year indicated that the lion's share of medical malpractice claims in the U.S. stem from incidents of missed or improper diagnoses, totaling some $39 billion in payouts over the last 25 years.
One of the biggest complications in a missed-diagnosis claim in Charlotte is the issue of the statute of limitations. While the law is clear that plaintiffs only have a small window in which to formally allege wrongdoing, there are a few situations in which exceptions are made and the statute of limitations clock can be halted or "tolled."

In North Carolina, medical malpractice lawsuits have to be filed within three years of the act or omission that gave rise to the injury or within two years of the date of the discovery. (Actions for objects left in the body have to start within one year of discovery or up to 10 years after the date giving rise to the injury.) These limits can be tolled when a person is a minor, deemed mentally incompetent or if the defendant is undergoing bankruptcy.

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January 26, 2014

South Carolina Premise Liability Claims Stemming From Crime

Criminal actions that result in injury or death are almost always handled by the criminal justice system.
However, there are situations in which a crime may give rise to a civil action, particularly if the action resulted in severe pain, suffering, lost wages, disfigurement, high medical bills or loss of life. In some cases, the criminal courts will order restitution paid directly to the victim by the defendant.

But when the criminal act would not or could not have happened but for the negligence of another, a third-party liability lawsuit may be appropriate. Our Greenville premises liability attorneys know that many of these claims center on inadequate security. Possible examples of defendants include owners of nightclubs, casinos, apartment complexes, malls, hotels, universities, restaurants and office buildings.

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January 24, 2014

South Carolina Nursing Home Arbitration Agreements May Not Be Enforceable

Nursing home administrators recognize that they have much to lose when abuse, neglect or negligence at their facilities comes to light. black4.jpg

In an effort to mitigate their potential risk, many have begun thrusting arbitration agreements at new residents at the time they are admitted. Our Anderson nursing home abuse lawyers want to make you aware that by signing these papers, you or your loved one is effectively giving up your right to sue the nursing home if there is a dispute about care or even evidence of wrongdoing.

Instead, the case would go before an arbitrator. Not only do plaintiffs generally burden the cost of the arbitrator, but the outcomes tend to be more favorable toward the nursing home. Even in cases where the plaintiff emerges victorious, the damages awarded are often far more modest than those awarded by a jury.

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January 21, 2014

Black Lung Benefits in South Carolina

Coal mining is a $60 million industry in South Carolina, providing some 2,420 jobs in the state, according to the National Mining Association.
The number of miners in the state used to be even higher, before the emergence of numerous health issues became apparent. One of those was "black lung disease," an irreversible condition also known as pneumoconiosis, a result of a build-up of coal dust in the lungs that results in inflammation, fibrosis and, in some cases, death of lung tissue.

Some 10,000 Americans have died from the condition over the last decade, and even though the disease is preventable, many miners are continuing to develop it. Since the early 1970s, benefits have been available to ailing coal miners, former coal miners and their dependents as part of the Black Lung Benefits Act. These benefits are paid out by private coal companies, though the claims are processed through the federal department of labor.

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January 20, 2014

Suing Multiple Defendants in South Carolina Premise Liability Claim

Slip-and-fall injuries in Rock Hill may represent straightforward premise liability claims.
That is, the owner of the property knew or should have known of a certain hazard and failed to correct or warn of it when he or she had a duty to do so, resulting in a proximate injury to the plaintiff.

But there are other cases, such as the one in Crabtree v. BASF Building Systems, LLC, in which multiple defendants may be deemed responsible for the plaintiff's injuries.

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January 19, 2014

Asheville Dental Malpractice Claims Increasingly Common

The recent death of a 3-year-old girl following a root canal procedure has sparked intense discussion about the safety of dental procedures across the country.
According to news reports, the girl's mother has filed a claim of negligence against the dentist, alleging the young child was given numerous sedatives and anesthetics and not properly monitored throughout the procedure, resulting in a lack of oxygen that left the girl brain dead.

Our dental malpractice attorneys know that this is far from an isolated incident. According to the American Board of Legal Medicine, more than 13 percent of all medical malpractice claims in the U.S. are filed against dentists, with individual dentists averaging 1.63 malpractice reports on file between 1990 and 2003. About 4 out of 10 of these claims that make it to trial are won by the plaintiffs.

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January 16, 2014

Carolina Trucking Companies Declared "Imminent Hazards"

A number federal agencies are charged with ensuring safe interstate motorways for drivers. This includes regulating the national trucking industry to keep drivers and large truck companies from violating safety standards and laws. According to a recent government report, The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) has declared two South Carolina based trucking companies, and its owner-driver, to be imminent hazards to public safety. The federal agency has ordered the companies and affiliated drivers to promptly halt all business operations.


Trucking companies with a focus on generating profits by transporting goods across state lines have an incentive to drive quickly. In addition to getting from A to B quickly, many of these trucking companies will also flout national trucking regulations involving weight limits, maintenance, and driver limitations. All of these violations can create serious hazards for other motorists sharing the roads. Our Charleston truck accident attorneys are dedicated to protecting the rights of victims throughout the Carolinas and nationwide. We are committed to raising safety awareness and to staying abreast of truck industry legal issues that may affect Carolina drivers.

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January 12, 2014

Protecting Carolina Children from Deadly Everyday Risks

Children are exposed to many hazards and risks as they grow and develop into adulthood, and unintentional injuries are the leading cause of death and disability for children and teenagers in the United States.
Unintentional injuries, including burns, drowning, falls, poisoning and traffic accidents, are the top causes of injuries and fatalities among children in the U.S. Each and every year, there are more than 12,000 children who are killed and more than 9 million who wind up in emergency rooms because of these kinds of accidents, according to the Centers for Disease Control and Prevention (CDC).

Our Greenville child injury attorneys know it's often up to parents and guardians to help protect our youngest of family members. There are small steps that we can all take to help to ensure that dangers don't reach our children. Although we all like to think of our homes as sanctuaries of comfort and security, the typical American house harbors significant safety risks -- vehicles included. So take a look at safety and help to protect everyone. It only takes a moment.

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January 10, 2014

ATVs, Snowmobiles, Dirtbikes, Present Special Risks to Carolina Youth

A 7-year-old rider was killed in a recent dirt bike accident in Chester County.

According to WSOCTV, the youth was riding down Chester Highway in Great Falls on a new dirt bike he got for Christmas when he slammed into a tractor-trailer. The South Carolina Highway Patrol reports that witnesses throughout the area report heavy dirt bike traffic and warn travelers in the area to be safe.
Some people associate off-roading -- whether on ATVs, snowmobiles or dirt bikes -- with spending time outdoors. For others, it's almost a competitive sport. Our ATV injury lawyers know dirt bikes and other off-road vehicles are poopular among our younger population. Unfortunately, these younger drivers lack the experience, training and education and are oftent in serious danger out there because of it. If Santa brought your child a new dirt bike or ATV this Christmas, make sure you also gift them with some serious safety training and plenty of supervision to help to protect them out there.

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