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.

Continue reading "South Carolina Nursing Home Arbitration Agreements May Not Be Enforceable" »

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.
oldcoalmining.jpg
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.

Continue reading "Black Lung Benefits in South Carolina" »

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.
parking.jpg
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.

Continue reading "Suing Multiple Defendants in South Carolina Premise Liability Claim" »

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.
diagnosisandcare.jpg
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.

Continue reading "Asheville Dental Malpractice Claims Increasingly Common" »

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.

truck1.jpg

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.

Continue reading "Carolina Trucking Companies Declared "Imminent Hazards"" »

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.
mgDzCuo.jpg
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.

Continue reading "Protecting Carolina Children from Deadly Everyday Risks" »

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.
dMNsMh.jpg
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.

Continue reading "ATVs, Snowmobiles, Dirtbikes, Present Special Risks to Carolina Youth" »

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.

95446_accident_1.jpg

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.

Continue reading "NTSB Report Highlights Dangers of Wrong-Way Collisions" »

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.

Thumbnail image for Railroad crossing blog post pic.jpg

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.

Continue reading "Carolina Railroad Crossing Accidents a Forgotten Risk" »

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.

Thumbnail image for brainscan.jpg

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.

Continue reading "Concussions Can Linger Months After Symptoms Subside" »

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.

Continue reading "Burn Injuries Increase Amid Holiday Festivities" »

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.

Continue reading "Recalled Toy Injuries Increase After Christmas" »

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.
truck1.jpg
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.

Continue reading "Holiday Travel and Trucker Fatigue Can be Disastrous Mix" »

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.
loveffeet.jpg
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.

Continue reading "Child High Chair Injuries Are Up Nearly 25 Percent " »

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.

Continue reading "Informed Consent in North Carolina Medical Malpractice Cases" »