January 6, 2014

NTSB Report Highlights Dangers of Wrong-Way Collisions


Wrong-way traffic collisions involve collisions caused by one vehicle moving in a lane direction opposing the legal flow of traffic. In many of these collisions, drivers enter an on or off ramp from a divided highway, entering into dangerously fast traffic. For drivers who make the mistake of entering the wrong way, accidents can be severe resulting in serious injury and fatality. For other drivers who collide with a wrong-way vehicle, accidents can be equally catastrophic. In an attempt to better understand the cause of these accidents, the National Transportation Safety Board has initiated a study and published a report on the findings.

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The National Transportation Safety Board (NTSB) has published the report on wrong way driving on exit and entrance ramps, not wrong-way accidents caused by a driver who crosses over the median. Our Spartanburg personal injury attorneys are experienced in the investigation of serious car accidents and are dedicated to protecting the rights of victims and their loved ones after an accident. In addition to helping those whose lives have been impacted by an accident, we are also interested in shedding light on driving safety concerns in North and South Carolina and nationwide.

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January 4, 2014

Carolina Railroad Crossing Accidents a Forgotten Risk


Regardless of whether you live in the suburbs, a rural community or in the city, it is likely that you will cross railroad tracks with some frequency. You may not cross tracks in your every day commute, but most of us will be navigating over, under, and across railroad tracks, sometimes without even knowing it. Despite advances in technology and education to warn drivers of the potential danger of accidents, thousands of pedestrians, motorists, and cyclists are killed every year by moving trains. This New Year, residents of North and South Carolina should consider the very dangerous nature of railroad crossings and follow the law and common sense to stay safe.

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If you have grown up in the vicinity of trains, you may already have an inherent understanding of how the system works and how to stay safe. Still, we should never take for granted the possibility that we are in danger near train tracks. Our Spartanburg personal injury attorneys are experienced with representing victims of train accidents and other road collisions. In addition to helping victims recover compensation, we are committed to raising awareness to improve safety in communities throughout North and South Carolina.

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January 2, 2014

Concussions Can Linger Months After Symptoms Subside


As we have already discussed in previous posts on brain injuries, long-term damage can be severe and may even remain unidentified for months after an accident. Those who suffer repeat injury, including professional athletes, may not see the damage for years after initial contact. According to a recent report in the Smithsonian, new studies indicate abnormalities in the brain caused by a concussion can persist as long as four months after the injury. Even if your behavioral symptoms have subsided, you could still have lasting brain damage.

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In the past few years, medical researchers have been paying closer attention to the long-term impact of brain injury caused by a fall, car accident, sports injury or other impact. What we know is that the injury can be difficult to diagnose and the long-term damage could be unknown. Our brain injury attorneys are dedicated to protecting the rights of brain injury victims. We are also committed to raising awareness about the danger of brain injury and helping patients get the support and treatment they need.

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December 28, 2013

Burn Injuries Increase Amid Holiday Festivities


The holidays may be the most wonderful time of the year, but they also represent some of the busiest times for the health care professionals who work in burn units. christmastree3.jpg

Between the Thanksgiving turkey and the Christmas tree and the New Year's Eve fireworks, the potential risk of a severe burn injury in Charlotte is ample.

The majority of these hazards are preventable, with hosts, homeowners and revelers inviting a negligence claim if they fail to use the appropriate level of caution.

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December 26, 2013

Recalled Toy Injuries Increase After Christmas


There is perhaps no greater joy as a parent than watching your children tear into their presents on Christmas morning. buildingbrick.jpg

But that joy can quickly be tempered if your child then is injured as a result of a dangerous toy or other defective product. Although we want to believe that the products that are manufactured and distributed for use by infants and children would be designed with safe use as the top priority, this is sadly not always true.

When a product injuries a child , a product liability lawsuit may be the best recourse.

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December 24, 2013

Holiday Travel and Trucker Fatigue Can be Disastrous Mix


A new report from the AAA Carolinas reports that a record 2.8 million North Carolina travelers will be traveling at least 50 miles from home for the holidays.
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In total, the number of travelers is expected to increase by 48,500 compared to last year, and 9 out of 10 are going to be driving.

Sharing those roads are going to be tired truckers, often rushing to meet end-of-year deadlines - sometimes with too much cargo and too little sleep.

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December 23, 2013

Child High Chair Injuries Are Up Nearly 25 Percent


Parents trust that when they strap their infant or toddler into a high chair that their baby will be secure.
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A new study suggests that trust may be misplaced.

It appears that the number of child injuries in Charlotte and across the country resulting from high chair mishaps has increased by nearly a quarter just in the last decade.

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December 20, 2013

Informed Consent in North Carolina Medical Malpractice Cases


Medical professionals have a duty to abide by certain ethical and medical standards of care in administering to patients. When doctors, nurses or aides fail in those duties, patients can claim negligence and may be eligible to receive compensation for the harm suffered as a result. bloodpressure.jpg

While many negligence claims are fairly straightforward, claims of medical malpractice tend to be a bit more complex because of the technical aspects of medical care, as well as the various state laws regarding appropriate care standards.

Included in those standards is the duty to offer patients informed consent. The doctrine of informed consent holds that every person has a right to be given sufficient information in order to make intelligent decisions about his or her own care. A patient has a right to be told about the nature of the condition, the nature of the proposed treatment, the risks involved in undergoing treatment and the risks in not moving forward with treatment.

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December 18, 2013

Rock Hill Injury Cases & Duty of Care in Negligence Claims


Success in Rock Hill injury claims is often predicated on whether plaintiff attorneys are able to effectively establish a duty of care belonging to the person or entity being sued.
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A duty of care is the legal obligation of one party to act in a certain manner toward another. That manner is generally described as one of caution or watchfulness or prudence or attention that a person in reasonable circumstances would.

The standards for those actions vary depending on the kind of duty one is attempting to establish. For example, there are standards of care set forth by corporations and pharmaceutical companies. These entities have a duty to warn if the products they are selling may have dangerous side effects when used or consumed.

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December 14, 2013

Liability and Negligence in North Carolina Exculpatory Agreements


Consumers have a right to expect that operators of facilities and equipment intended for use by the public are reasonably safe. Indeed, in some cases, there are specific laws requiring safety. gavel22.jpg

In an effort to shield themselves from future lawsuits arising from potentially unsafe situations, operators will sometimes require customers to sign something known as an exculpatory agreement. This is also sometimes referred to as a waiver or release of liability, and consumers need to make sure they read these documents carefully before signing.

Most states, including North Carolina, will enforce exculpatory agreements, though there are a few exceptions and gray areas. Our Charlotte injury lawyers know that in particular, one area of the law in which states tend to vary greatly is the question of whether a parent can sign a waiver of liability on behalf of a minor child.

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December 13, 2013

Elderly Care Regulation Lacking for Assisted-Living Industry


The assisted living movement was rooted in good intentions. It was supposed to be a more affordable, humane alternative to what people began to view as a corrupted nursing home industry.
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It was a place where American seniors could sustain a greater level of independence and life fulfillment, while still having their medical needs met and physical safety protected.

However, in the last 20 years, it has become a multibillion-dollar industry serving some 750,000 elderly people nationwide. Seeing the kind of money that can be made, some facilities have shifted their priorities to value profits over people. Perhaps this was in some ways to be expected, but what's especially troubling is that the level of regulatory oversight of these facilities is all over the map. This has resulted in a number of cases of preventable injury, illness and even death among residents - with little sanctions for those who failed to protect them.

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December 10, 2013

Successful Pharmaceutical Lawsuits Consider All Technicalities


Pharmaceutical companies have a responsibility to ensure the product they are putting out on the market is safe for those who use it for the purpose intended. When it isn't safe or there is a possibility of developing serious side effects, manufacturers must inform consumers of those risks. pillsoutofthebottle.jpg

However, federal law in some cases contradicts this rule as it relates to the makers of generic drugs. This is why some of those who suffered severe effects as a result of consumption of a generic heartburn/gastric reflux medication are finding it difficult to obtain compensation.

The brand name of the drug is Reglan. The generic product is called metoclopramide. The question is not whether this drug causes harm. Indeed, it is known to cause a serious neurological disorder called tardive dyskinesia.

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December 7, 2013

Risk of Dietary Supplements Highlighted as Injury Reports Continue


According to information from the Food and Drug Administration there is an increasing risk of harm caused by dietary supplements, as that industry continues to experience explosive growth.

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Ourpersonal injury attorneys in Spartanburg are committed to spreading the word about the inherent dangers of dietary supplements. Losing weight may be an important goal but many dietary supplements have dangerous side effects.

Dietary supplements are often utilized to build muscle or lose weight. The Food and Drug Administration monitors the ingredients and side effects of dietary supplements in an attempt to keep citizens safe. However, the reality is that much of the industry remains unregulated.

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December 5, 2013

North Carolina Traffic Safety a Holiday Focus


Law enforcement significantly increases the number of DUI sobriety checkpoints during the holiday season. The increase in enforcement is linked directly to the increase in driving under the influence violations during the holiday season.

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Our North Carolina personal injury lawyers know holidays are the most dangerous time of the year for drunk driving accidents. Responsible hosts and responsible celebrations can go a long way toward mitigating the risks.

The only holiday with more drunk driving deaths than Thanksgiving is New Year's Day/Eve when there is a 62 percent increase in violations. The reported increase in drunk-driving incidents is consistent with data from other organizations.

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December 2, 2013

Nursing Home Residents Face Highest Risk of Head Injury


According to a report from U.S. News and World Report seniors in nursing homes are most at risk of head injuries resulting from falls.

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Our Spartanburg personal injury attorneys know that seniors fall frequently in long-term care facilities. Unfortunately, our attorneys also know that older individuals have trouble reducing the force of a fall by using their arms.

This problem results in head injuries more that 33% of the time a senior experiences a fall in a nursing home.

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