Recently in Personal Injury Category

April 18, 2014

South Carolina Case Could Help Victims in Insurance Disputes


A South Carolina man was a passenger in a co-worker's vehicle when an automobile accident occurred. There was insufficient insurance coverage and the victim did not have under-insured motorist coverage. To obtain much-needed compensation for injuries, he submitted a claim under a separate insurance policy that had been issued to his fiancé and that listed both the man and his fiancé as residents. The policy did not have the injured man listed on the declaration's page as the "named insured." law-and-order-533138-m.jpg

The insurance company denied the claim and said he wasn't eligible for underinsured motorist coverage because under the policy language, he was not related to the owner of the policy. The couple never did become related because they broke off the engagement. However, Insurance News Net reports the victim pursed compensation all the way to the state Supreme Court.

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April 7, 2014

Bioderm Skin Care, LLC v. Sok - Beauty Industry Negligence


Taking care of one's appearance is important, and patrons of beauty salons have every right to expect that licensed businesses and employees will be professional and competent.
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When they're not, hopefully the worst that happens is you suffer a bad hair cut for a few weeks and find yourself another stylist. Unfortunately, our beauty salon injury lawyers know that sometimes, patrons can be seriously hurt. It's easy to overlook the fact that these workers are handling potentially dangerous chemicals, sharp objects and heat. Severe burns, lacerations and other injuries have been reported in some cases where workers were careless or not properly trained.

Further complicating these cases is that a growing number of "salons" are either headed or overseen by doctors (or should be). Examples would obviously include any procedure that involves cosmetic surgery, but it could also encompass "medi-spa" offerings such as laser hair removal, Botox procedures, tattoo removal, skin resurfacing and certain weight loss programs. This raises legitimate questions about whether these matters of personal injury or medical malpractice. The answer is important in terms of statutory time limitations, as well as the requirements necessary to file the case.

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April 7, 2014

Colleges Can be Liable for Student Assault, Harassment


When a college student is victimized by a fellow student, our Asheville personal injury lawyers believe it's important to analyze whether the school's response was appropriate, and whether the institution failed in its duty to take preventative measures.
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Title IX of the Education Amendments of 1972 is a federal civil rights law that bars discrimination on the basis of sex in any education program or activity in schools that receive money from the federal government. Statutorily, sex discrimination can include sexual harassment, rape and sexual assault. When a school knows about and ignores sexual harassment or assault in its programs, it can be held responsible and compelled to pay damages to the victim.

The legal standard used to prove this is called "deliberate indifference." However, this can be a high standard of proof, as the language is broad in a way that can shield schools from culpability. This was illustrated recently in the case of Roe v. St. Louis University, et al., reviewed by the U.S. Court of Appeals for the Eighth Circuit. We share this not to discourage victims, but to stress the importance of seeking counsel from a firm with a high degree of experience.

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April 4, 2014

Third Party Liability Stemming From Criminal Attack


In the criminal courts, prosecutors must prove beyond a reasonable doubt that the accused is guilty. barstool.jpg

In civil court, plaintiff attorneys need not show the defendant meted out even a single blow. In third-party liability cases, a defendant could be held liable for the criminal actions of another person if the plaintiff can show that he or she was made vulnerable to the crime by the defendant's breach of duty.

Our Spartanburg personal injury lawyers know this comes up a lot in cases of negligent security, where a landlord or some establishment fails to ensure the property is appropriately secured from intruders or aggressive individuals.

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March 31, 2014

Buechel v. United States - Prison Negligence Results in Lawsuit


Plaintiffs who have served time in prison aren't always the most sympathetic in a personal injury lawsuit. prison.jpg

However, prison administrators have a responsibility to ensure that those in their care are afforded basic protections with regard to their health and safety. Just because a person was sentenced to serve time does not mean they deserve to suffer ill treatment or conditions leading to illness.

This is what was alleged in the recent injury case of Buechel v. United States, which was reviewed by the U.S. Court of Appeals for the Seventh Circuit.

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March 17, 2014

Amputation Work Injury Highlights Risk of Ignoring "Minor" Incidents


A PBS science correspondent recently recounted a medical emergency which led to the amputation of his arm

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Our Greenville personal injury attorneys know that even a seemingly small injury can have severe medical implications.

While the PBS correspondent was on an assignment in Asia he suffered an injury to his arm.

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March 12, 2014

Reducing Medication Errors in Nursing Homes


There are many situations, which lead tomedication errors in nursing homes. If for example, a newly admitted resident arrives at a nursing home from a hospital, it is possible that the doctor who released the patient is not familiar with all the medications the patient has been prescribed.

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According to the American Medical Directors' Association, the "vast majority" of medication errors at nursing homes involve one of the following:

--Lack of assessment;
--Lack of monitoring for efficacy;
--Lack of reassessment for continuous need;
--Lack of monitoring for adverse drug reactions;
--Lack of recognition of adverse drug reactions;
--Attribution of adverse drug reactions to other causes.

OurSpartanburg personal injury attorneys are fully aware that the more medications a patient is taking the great the chance that a mistake will be made. Often individuals in the care of nursing homes are taking a great deal of medication the risk for caregiver missteps is great.


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March 11, 2014

Prescription Drugs: Overdose and Malpractice Risks on the Rise


If proscribed and used responsibly, prescription medication is a way to assist patients in living healthier lives but when prescription drugs are abused the consequences can be very serious, leading to overdoses and major accidents that can cause death, including car accidents.

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Our Spartanburg personal injury attorneys caution patients to monitor the medicines they prescribe themselves. As well as those prescribed by a health care provider. Unfortunately, doctors and hospitals cannot always be relied on to manage multiple medicines a patient may be ingesting, even if this is their job.

Studies show that since 1999 the number of deaths attributed to prescription painkillers has increased by over 300%. It is estimated that 45 U.S. residents perish every day due to unintentional overdoses on pain relieves acquired through a prescription. In addition to the problems with patients taking pills as they are intended, nearly 1 in 20 United States citizens over the age of 12 admits to ingesting prescription painkillers for recreational purposes.

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March 3, 2014

UNC Hazing Incident Highlights Personal Injury Rights


Fraternities and sororities are promoted as a way for college students to make friends, get more involved on campus and give back by participating in various charities or public service opportunities.
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Unfortunately, there are some chapters that have taken to converting new pledges into their own personal punching bags through ritual - and largely accepted - hazing. Such practices - which range from encouragement of immense alcohol consumption to subjection to physical assault - are not only personally degrading, they have in some cases been known to result in serious injuries - and even death.

Just recently at the University of North Carolina at Chapel Hill, a fraternity was suspended over allegations of possible hazing that involved "alcohol violations and inappropriate new-member activities."

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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.
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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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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.
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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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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 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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November 26, 2013

Winter Coats Impede Car Seat Safety


According to a report fromNBC News heavy coats may cause car seats to be less effective.

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Our personal injury attorneys in Spartanburg know that colder weather will mean parents want to keep their children warm with plenty of winter clothing. Unfortunately, the heavy winter clothing can make car seats less effective.

The problem with winter coats is they create a situation where the harness straps are not tight enough because of the extra padding around the child's chest.
The key to car seat safety is to ensure the tightness of the harness is based on fitting the child and not fitting the jacket.

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