Carolina Accident Lawyers

Hit and Run Car Accidents in South Carolina

Hit and Run Car Accidents in South Carolina

Hit and Run Car Accidents in South Carolina

 Fort Mill, SC Attorney

When a person is involved in a vehicle accident and leaves the scene without providing assistance or the required identifying information, he or she may face both civil and criminal liability for a hit and run accident. Recently, in Aiken County, South Carolina, local news reported that a 15-year old teenager died from multiple trauma due to being hit by a vehicle. The driver of the SUV involved left the scene without rendering assistance. He was arrested shortly thereafter.

If you or a loved one has been injured in a hit and run accident, you may be entitled to compensation for your injuries. You should seek the help of an experienced personal injury attorney such as Justin Bice of the law firm of Bice Law, LLC.

Duties to Provide Information and Render Aid

Relevant provisions of South Carolina statutes require that the driver of any vehicle involved in a crash resulting in damage to a vehicle or other property that is driven or attended to by another person stop and provide his or her name, address, registration number of the vehicle he or she is driving and, if requested and available, his or her license or permit to drive. If the property owner or operator is not present to receive the driver’s information, then the driver is required to leave a conspicuous written notice containing his or her name and address and a statement of the circumstances for the accident.

If the crash results in injury to another person, including a passenger, South Carolina statute requires that the driver stop immediately, provide his or her name, address, registration information, and driver’s license. Additionally, the driver must render reasonable aid to the injured person by transporting, or making arrangements for the transportation, of the person to a medical professional for medical or surgical treatment, if the need is apparent or the injured person requests assistance.

Personal Injury Suit for Hit and Run Accident

In addition to the potential criminal penalties, a civil personal injury suit is also possible in a hit and run accident against the responsible driver. This occurs separately from the criminal prosecution and is intended to provide hit and run victims with compensation for injuries, pain and suffering, medical bills, and lost wages. In addition to compensatory damages, victims of hit and run crashes are also more likely to be able to obtain punitive damages from the offending driver. Punitive damages are intended to punish the wrongdoer and deter similar conduct in the future, and in hit and run cases, showing the kind of conduct that deserves punitive damages is easier because of the affirmative failure to render assistance that is needed.

Hit and run accidents that result in injuries and damages can result in complicated court proceedings involving separate criminal and civil proceedings over the same accident. If you are considering filing a suit for injuries suffered in a hit and run accident in North or South Carolina, Bice Law, LLC can provide you with the expertise and effective advocacy you need to pursue your case and obtain compensation for your injuries. Contact us today for a free initial consultation by calling our toll-free number at (855) 500-BICE or by submitting our online form.

Contact the Personal Injury Law Firm of Bice Law

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 500-BICE today or submit an online request  to get a free consultation with a  personal injury attorney. We serve families across both North Carolina and South Carolina.

 

Share this article on Social Media!

South Carolina Wrongful Death Settlements for Police Shootings Top $17 Million

Share

South Carolina Wrongful Death Settlements for Police Shootings Top $17 Million

Fort Mill, SC Lawyer

According to a piece from the Post and Courier, the amount of settlements in cases involving police shootings has exceeded $17 million in 2015 alone. The bulk of these settlements were paid by municipal insurers, including the state’s Insurance Reserve Fund and the Municipal Association of South Carolina. Eventually, taxpayers will foot the bills for these settlements through higher premiums, and insurers have grown increasingly concerned in recent years about the increase in law enforcement liability claims. Many of these settlements involve wrongful death claims against law enforcement, and the largest settlements involve cases in which officers fired a gun at fleeing suspects, often as they tried to drive away.

Settlement Breakdown

The total of $17 million in legal settlements so far this year include $10 million in the 2011 case of a South Carolina officer who gunned down a town’s former mayor. A jury originally ordered the town to compensate the mayor’s family $97.5 million. It also includes a $6.5 million settlement in the well-known Walter Scott <a href="http://www.bicelaw helpful site.us/wrongful-death-attorney/”>wrongful death case, where an officer shot the deceased as he ran away. That officer is awaiting trial on a criminal murder charge. There was also a $1.2 million settlement in the shooting of a 68-year old man who was shot in his car after a chase. The officer is awaiting trial on felony charges of discharging a firearm into an occupied vehicle.

According to the article, officers in South Carolina have shot 45 people so far in 2015, only one shooting away from the record in 2012. Additionally, wrongful death and excessive force lawsuits often follow these shootings.

Excessive Force and Wrongful Death Suits Against Police

Civil actions against police officers are brought under the Civil Rights Act of 1871, which alleges that the defendant, as a representative of the law, violated the plaintiff’s constitutional rights. Generally, police officers are allowed to use whatever force is necessary to make an arrest or defend themselves. The jury in these cases has to determine whether a police officer used more force than was reasonably necessary to make an arrest under the circumstances, and an arresting officer is allowed to use more force to arrest a resisting suspect or if threatened with death or great bodily harm.

The U.S. Supreme Court has ruled that a police officer cannot shoot a fleeing suspect unless it is necessary to prevent an escape and he or she has reason to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others. The fact that an officer has probable cause to make an arrest and therefore to use some amount of force to stop and seize the suspect is not enough by itself to allow the officer to do so by killing the suspect.

There are constitutional limits to the amount of force that a police officer can use against private, free individuals when effecting an arrest. Within these constitutional limits, police officers who use force unreasonably may be liable for excessive force and wrongful death claims. The attorneys at Bice Law, LLC can help you navigate the complexity of wrongful death actions in both state and federal courts in North and South Carolina. Contact us today for a free initial consultation.

Contact the Personal Injury Law Firm of Bice Law

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 500-BICE today or submit an online request  to get a free consultation with a  personal injury attorney. We serve families across both North Carolina and South Carolina.

Share
Share this article on Social Media!

NHTSA Proposes Stronger Truck Guards to Reduce Rear-impact Deaths

NHTSA Proposes Stronger Truck Guards to Reduce Rear-impact Deaths

After receiving petitions from the Insurance Institute for Highway Safety, the Truck Safety Coalition, the National Transportation Safety Board, and from a North Carolina mother who lost two daughters in a 2013 truck crash, the National Highway Traffic Safety Administration (NHTSA) proposed that trucking companies be required to install stronger guards on their trailers to reduce deaths caused when cars rear-end tractor trailers. According to the NHTSA, the stronger guards will prevent between and three serious injuries and one fatality a year.

Rear-Impact Truck Accidents

For decades, tractor-trailers have installed underride guards that hang down from the back ends of box trailers. These guards are currently built to protect passengers in crashes of up to 30 miles per hour. According to NHTSA, increasing its rating to be able to protect passengers in crashes of up to 35 miles per hour can significantly reduce the risk of death or injury to vehicle occupants in the event of a crash into the rear of a tractor-trailer.

In the event that a car rear-ends a tractor-trailer, it can go under the truck and cause severe head damage or even decapitation. One of the advocates of the new standard, Marianne Karth from Rocky Mountain, North Carolina, was involved in a truck accident in May 2013 when she was driving in heavy rain with three of her children. A tractor-trailer rear-ended her car and hurled it under another truck. That truck’s underride guard failed so her car went right under it, instantly killing her 17-year old daughter. Her 13-year old daughter died a few days later. NHTSA estimates that there are about 400 deaths from cars colliding with the backs of trucks each year,  with about 125 of them resulting from severe injuries from objects intruding into the passenger compartments.

Most Trucks are Already Compliant

NHTSA estimates that the trucking industry would need to spend a total of $13 million to meet the new trailer standards, and that about 93% of the tractor-trailers currently sold in the U.S. are already compliant. The American Trucking Associations has stated that underride guards envisioned by NHTSA in its proposal have already been manufactured and in use in the U.S. for some time.

In 2001, the Insurance Institute for Highway Safety conducted crash tests on trucks compliant with the current standards, and the underride guards in those tests buckled or broke, and trailers often broke through the windshields. The current federal standard is based on Canadian regulations and, therefore, many manufacturers are already designing stronger guards.  

Tractor-trailer crashes are dangerous accidents that often cause serious injury or even death. Seeking compensation for injuries incurred in a tractor-trailer crash, or for wrongful death, can be an onerous process that requires extensive expertise, investigation, and analysis. If you or a loved one has been injured in a multi-vehicle accident, the attorneys at Bice Law, LLC can help you pursue your case to recover damages for your injuries. Contact us today for a free initial consultation.

Contact the Personal Injury Law Firm of Bice Law

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 500-BICE today or submit an online request  to get a free consultation with a  personal injury attorney. We serve families across both North Carolina and South Carolina.

Share this article on Social Media!

FMCSA’s Collision Fatalities Study Finds Trucks and Buses “Overrepresented”

FMCSA’s Collision Fatalities Study Finds Trucks and Buses “Overrepresented”

Fort Mill, SC Lawyer

In early November, the Federal Motor Carrier Safety Administration (FMCSA) conducted a webinar discussing its findings from its latest collision fatalities study. The webinar is part of the U.S. Department of Transportation’s Mayor’s Challenge for Safer People and Safer Streets, which calls on city leaders to advance roadway safety for bicyclists and pedestrians. FMCSA’s study analyzes the details surrounding crash fatalities to help inform cities working to make roadways safer.

Upward Trend for Truck Crashes

FMCSA’s study, which looks at data up through 2013, reveals that commercial vehicles are overrepresented in the total number of crashes. Heavy trucks and buses are involved in about 4% of registered vehicles and 9% of total miles driven, but were involved in 13% of accidents and 13% of overall traffic fatalities. According to data compiled by the National Highway Traffic Safety Administration (NHTSA), 3,806 crashes in 2013 across the United States involving a large truck or bus killed 4,251 people. Of those fatalities, only 739 deaths, or 17%, were occupants of the truck or bus involved. However, 3,512 of the crash fatalities were people in passenger vehicles or motorcyclists, including 338 pedestrians and 78 bicyclists. Additionally, FMCSA Chief Safety Officer Jack Van Steenburg indicated that crashes with fatalities were concentrated in ten states, including North Carolina, and account for 50% of the fatal crashes in the country.

In the aggregate, there was a 30% increase in pedestrian fatalities in large truck crashes from 2009 to 2013, and a 39% increase in bicyclist fatalities in large truck crashes over the same period. Truck drivers were also cited as being distracted or inattentive in over 14% of the fatal crashes.

Inattentive Driving

Inattentive driving, which may involve reading, talking on the phone, or fatigue, ranks first in a list of 26 unsafe driving acts in North Carolina, ahead of merging improperly into traffic, failure to stop for a stop sign or light, failure to slow down in a construction zone, unsafe speed, and following too closely. Distractions include anything that takes a driver’s eyes off the road (visual), the mind off the road (cognitive), or a driver’s hands off the wheel (manual distraction).  In a recent study by NHTSA, 65% of truck drivers surveyed agreed that distraction was a current problem for commercial truck drivers. Access to technology was one of the main concerns found, and the increasing variety and availability of in-cab technologies was believed to contribute to driving distractions.

An inattentive commercial truck driver can cause dangerous accidents that often cause serious injury or even death if he or she becomes involved in a crash. Filing suit in court for compensation for injuries incurred in a tractor-trailer crash or for wrongful death requires careful investigation and a thorough understanding of the law. If you or a loved one has been injured in a truck accident, the attorneys at Bice Law, LLC can help you pursue your case to recover damages for your injuries. Contact us today for a free initial consultation.

Contact the Personal Injury Law Firm of Bice Law

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 500-BICE today or submit an online request  to get a free consultation with a  personal injury attorney. We serve families across both North Carolina and South Carolina.

 

Share this article on Social Media!

Man Injured in Team-Building Kickball Game Entitled to Workers’ Compensation

Man Injured in Team-Building Kickball Game Entitled to Workers’ Compensation

Fort Mill, SC Personal Injury Lawyer

The South Carolina Supreme Court ruled in favor of providing an injured worker with workers’ compensation coverage for injuries he suffered in a company kickball game. The worker was employed by a marketing and public relations firm. During one of his meetings with his managers, they indicated the importance of team-building events, and the worker suggested a kickball game. His supervisor approved the idea and authorized company funds for the event. During the game, the worker shattered his tibia and fibula and had to be taken away in an ambulance. The worker will have a knee replacement, according to the court’s decision.

Compensable Work Injury

Generally, South Carolina’s Workers’ Compensation scheme will provide compensation to workers who suffer from injuries arising out of and in the course of their employment. This also includes those who develop illnesses related to their occupation resulting from exposure to the workplace environment. A showing of fault is not required — employees must only show that the injury or illness took place in the workplace or bore a relation to the work being performed. Compensation may include payments for medical care, compensation for lost wages, and compensation for permanent disabilities.

Non-compensable Workplace  Injuries

There are certain types of injuries that are excluded from workers’ compensation. If an employee either refused to wear safety equipment, was intoxicated, or intentionally injured himself or herself, then no compensation may be payable. Additionally, stress that causes mental injury may not be compensable if an employee fails to prove that the stressful employment conditions that caused the mental injury were unusual as compared with the normal conditions of the workplace and the stress was not the result of something incidental to the normal course of employer-employee relations. This includes events such as disciplinary actions, work evaluation, transfers, promotions, or termination. Additionally, a mental injury may also be compensable if it was induced by physical injuries in the workplace.

A heart attack, cerebral bleeding, or other injury to the blood vessels may be compensable if the event was induced by unexpected strain or overexertion in the performance of an employee’s duties or by workplace conditions that are out of the ordinary. If the event was caused by ordinary work exertion that is normally required without any other unusual events, then it may not be compensable.

In this case, the South Carolina Supreme Court ruled that the worker’s kickball injury was a compensable injury. Testimony was given at trial that showed his supervisor considered it required for the employee to attend the game as a team-building activity. As such, his injury arose during the course of his employment and, therefore, it was compensable.
Determining whether an injury is compensable as an employment-related injury under South Carolina’s Workers’ Compensation statute is a fact-intensive, complex process. if you believe you should be entitled to workers’ compensation, the attorneys at Bice Law, LLC can help you pursue your claim. Contact us today for a free initial consultation.

Contact the Personal Injury Law Firm of Bice Law

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 500-BICE today or submit an online request  to get a free consultation with a  personal injury attorney. We serve families across both North Carolina and South Carolina.

Share this article on Social Media!

Approval of Wrongful Death Settlement Sought in Walter Scott Case

 

Approval of Wrongful Death Settlement Sought in Walter Scott Case

Charlotte, NC Personal Injury Lawyer

After reaching an agreement with the City of North Charleston to settle a wrongful death claim stemming from Walter Scott’s deadly shooting by a North Charleston police officer, the family has formally asked a South Carolina state court to approve the proposed settlement agreement. The wrongful death settlement amounts to $6.5 million, with $3 million going to Scott’s estate and $2.4 million for attorneys’ fees and costs. $17,000 will pay for back child support.

Shooting Garners National Media Attention

The now-infamous video that shows a former South Carolina police officer shooting Scott to death in the back after he started running away from a traffic stop in April garnered national attention and resulted in an immediate murder charge. The video shows that the former officer initially chased Scott, and both individuals wrestled on the ground before Scott got up and resumed running. Moments later, the officer shot Scott in the back. He was indicted and is awaiting trial.

According to the United States Supreme Court, a police officer may not shoot at a fleeing individual unless he or she reasonably believes that the person poses a threat of substantial physical danger to the officer or to others in the community. Officers must take other non-lethal actions during pursuit unless the fleeing individual risks the safety of the community.

Wrongful Death Settlement Approval in South Carolina

Under South Carolina statute, a South Carolina state probate court, circuit court, or federal district court must approve any settlement of a wrongful death suit. When the personal representative of the estate files a petition for approval of a proposed settlement, the petition has to provide:

  • The facts surrounding the death of the decedent;
  • The relevant facts that establish liability;
  • The amount of insurance that is available to compensate for damages;
  • The specific terms of the proposed settlement;
  • The statutory beneficiaries of the wrongful death suit;
  • The decedent’s heirs at law or appropriate devisees of the estate;
  • Any existing creditors;
  • The amount of the claims;
  • The personal representative’s legal counsel, if any; and
  • Terms with respect to attorneys’ fees and costs.

If the personal representative is represented by an attorney, that attorney has to certify to the court that the settlement is fair and reasonable and is in the best interests of the statutory beneficiaries and the estate of the decedent. Then the court will schedule a hearing and consider the facts necessary to evaluate the settlement. Once the court approves a settlement agreement, the person or entity paying the settlement proceeds and all those on whose behalf the payment is made are relieved from further liability and have no obligation to ensure the proper distribution of the settlement proceeds among the wrongful death beneficiaries or any others entitled to the proceeds. The distribution must be ensured by the personal representative receiving the funds.
A wrongful death suit is a complicated process – even settlements are fraught with procedural hurdles. The counsel of an experienced wrongful death attorney is crucial at every step from the outset. The attorneys at Bice Law, LLC can help you recover compensation on behalf of a deceased loved one. Do not hesitate to contact us today for a free initial consultation.

Contact the Personal Injury Law Firm of Bice Law:

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 500-BICE today or submit an online request  to get a free consultation with a  personal injury attorney. We serve families across both North Carolina and South Carolina.

Share this article on Social Media!

FAQs: Filing a Workers’ Compensation Claim in South Carolina

FAQs: Filing a Workers’ Compensation Claim in South Carolina

Rock Hill, SC Personal Injury Lawyer

In South Carolina, workers’ compensation is a form of insurance that provides wage replacement and medical benefits to employees that are injured while on the job. In exchange for these benefits, the employee gives up his or her right to sue their employer in negligence. Employees who are injured while working in South Carolina or develop an illness as a result of their working environment are eligible to collect benefits under the state’s workers’ compensation system.

What body of law governs workers’ compensation in South Carolina?

The South Carolina Workers’ Compensation Commission has been granted statutory authority to create and administer the state’s workers’ compensation regulations. The Commission decides the procedure to be followed in order to file a claim and to achieve a hearing. Visit their website for more information.

Who will pay my workers’ compensation benefits?

Any employer in South Carolina with more than with employees must purchase workers’ compensation insurance from a licensed insurance company.  The insurance company will then pay you on behalf of your employer.

How do I file a claim?

Usually, an employer requires you to inform them directly after you have been injured on the job or develop an illness.  You must give your employer notice of the injury within 90 days or risk losing your right to any benefits. The employer is then required to fill out a First Report of Injury form and file it with the Commission.

What if my employer refuses to report the accident to the Commission?

If your employer does not report the accident to the Commission, you will need to file a claim with the Commission yourself. You will need to fill out an Employee’s Notice of Claim form and pay a $25.00 fee in order to file the notice. You have two years in which to file your claim.

What type of medical care am I entitled to?

You are entitled to medical care for all reasonable work-related injuries or illnesses. All necessary treatments will be paid for by your employer’s workers’ compensation policy. However, in South Carolina, your employer and their insurance carrier have the right to choose what doctor you are treated by. You may not be able to see your own doctor. If you choose to see your own doctor, your treatments will not be paid for under the workers’ compensation program.

Can I collect benefits for punitive damages?

Punitive damages are often awarded in negligence cases to compensate for things like pain and suffering. Under a workers’ compensation claim you are not entitled to punitive damages. When you file a workers’ compensation claim you are giving up your right to sue your employer for negligence and thus may not collect punitive damages.

How will I be compensated for my lost wages?

If you are unable to work because of a work-related injury or illness, you will be paid the wages you would have earned while you recover. You will receive 66 2/3% of your average weekly wages and this will continue until your doctor “releases” you, or approves your going back to work.

Workers’ compensation insurance exists in order to provide for both you and your family after you are injured on the job.  The process is complex and time consuming, especially at a time when you are not feeling your best. If you have been hurt on the job, contact the personal injury attorneys at Bice Law today. Your consultation with one of our skilled attorneys is free and will help to get you on the road to recovery.

Contact the Personal Injury Law Firm of Bice Law

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 500-BICE today or submit an online request  to get a free consultation with a  personal injury attorney. We serve families across both North Carolina and South Carolina.

Share this article on Social Media!

Car Accidents and North Carolina’s Good Samaritan Law

Car Accidents and North Carolina’s Good Samaritan Law

Charlotte, NC Personal Injury Lawyer

It is a situation no one wishes to ever be placed in. You witness a car accident. You can see that there are victims in need of immediate help.  Everyone wants to say that they would jump right in and assist the victims in anyway possible. And if you do – can the victims sue you later if your help actually causes him or her further injury? What if a victim dies because of help you administered?

It is a worst case scenario that unfortunately plays out in North Carolina and states around the nation each year – good Samaritans caught between what they know is right and protecting themselves from a potential lawsuit.

What are Good Samaritan Laws?

Generally, good Samaritan laws protect the average person who sees someone in need and extends help. A person, or “good Samaritan” who steps in to aid is shielded from liability because of they help they administer. Unless, the “good Samaritan” is completely negligent in helping, no lawsuit may be filed against the Samaritan. Good Samaritan laws are often invoked in the context of car accidents.  If you attempt to aid a victim of a car accident, you are generally protected from any lawsuit based on the care you give. In the United States there is no general duty to rescue someone in need. Further, the victim of an accident cannot sue a person who passed by the accident and did nothing to help. However, as a matter of public policy, state legislature would like to encourage citizens to help one another, and thus have written good Samaritan laws. Each state and the District of Columbia has a version of a good Samaritan law codified within their state statutes.  The laws vary greatly from state to state so it is important to know the law of the land in your particular state.

What is the law in North Carolina?

North Carolina’s Good Samaritan Act statute protects a Samaritan from liability for civil damages if that person acted without compensation and in good faith.  The statute also states that the Samaritan must have acted voluntarily; it must also have been reasonably apparent under the circumstances that prompt actions and decisions were necessary and that any delay of treatment would have caused even more harm.

How to Safely Help After a Car Accident

If you do see a car accident occur while you are driving, what can you safely do to help the victims?

  1. Park your car a safe distance away from the scene: Do not park too close to the accident or block emergency vehicles access to the victims. Turn on your bright headlights to signal to emergency responders that they are nearing the scene.
  2. Check on the victims: From a safe distance at first, determine how critical the accident was, the number and severity of the injuries, and if you can safely provide further assistance.
  3. Call 911: You are being the most help by calling authorities and alerting the proper medical professional of the accident.

Car accidents and personal injuries occur every day on the roads.  If you need more information on the good Samaritan laws or were the victim of a personal injury, the experienced personal injury attorneys at Bice Law, LLC can provide you with excellent legal information. Contact our office now to schedule an appointment with one of our seasoned professional.

Contact the Personal Injury Law Firm of Bice Law

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 500-BICE today or submit an online request  to get a free consultation with a  personal injury attorney. We serve families across both North Carolina and South Carolina.

Share this article on Social Media!

What To Do When a Product is Recalled

What To Do When a Product is Recalled

Charlotte, NC Personal Injury Lawyer

Kiddie is recalling nearly five million fire extinguishers sold online and at several national stores like Home Depot after reports that eleven Kiddie-brand extinguishers failed to discharge properly. This can obviously pose a risk to someone attempting to suppress a fire. Unfortunately, product recalls seem to be occurring with greater frequency. Whether the recall covers automobiles or clothing, children’s toys or fire extinguishers, there are certain steps consumers should take when they receive news of a product recall:

  • Remain calm. First, fight any urge you may have to panic or worry. The vast majority of recalls are voluntary recalls, meaning that the company has voluntarily agreed to recall the product. These recalls can occur even if no injuries have been reported.
  • Follow the instructions regarding the recall. Along with the recall notice (which identifies the precise product or products that are being recalled) there should be instructions included for what to do next. This can include returning the product to a local service center, returning the product through the mail, or discarding the defective product.
  • Check with family members to make sure no one was injured by the product. Make sure no one in your family was injured by the defective product. Sometimes an individual may use a defective product without even realizing the product has been recalled. This can result in injuries to that person.
  • If you or a loved one has been injured by a defective product, contact an experienced product liability attorney. There are three main types of defects: design defects (where a product is designed in a defective and dangerous manner), manufacturing defects (where a product as designed is safe to use, but something occurred in the manufacturing process to make the product dangerous), and instruction or warning defects (where there the instructions or warnings provided to consumers on how to use the product are defective or inadequate). In any event, if you or a loved one is injured by a defective product, attempt to preserve as much evidence as possible. Document facts about the injury and how it occurred, and attempt to keep the defective product so it can be examined.

It is generally advisable that you speak with a product liability attorney. Even in supposedly “clear” cases, holding the appropriate individuals and/or entities responsible can be difficult. Not only this, but recovering full compensation can require identifying all the parties who were responsible or contributed to the defect – some of which may not be readily apparent. A product liability attorney can help you obtain the compensation you deserve.

At Bice Law, LLC, we are committed to helping those injured by defective products recover the compensation to which they are entitled. We do this by conducting a thorough investigation into the facts of your case, identifying those who are responsible, and aggressively advocating on your behalf. Contact us at (855) 5-BICE-LAW right away for help in recovering compensation after a product-related injury.

Contact the Personal Injury Law Firm of Bice Law

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 500-BICE today or submit an online request  to get a free consultation with a  personal injury attorney. We serve families across both North Carolina and South Carolina.

 

Share this article on Social Media!

Tripping at Work Can Be Compensated Through Workers’ Compensation

Even Tripping at Work Can Be Compensated Through Workers’ Compensation

Rock Hill, SC Personal Injury Lawyer

In two decisions handed down by the South Carolina Supreme Court, the court held that workers who suffer an injury at work – even if that same injury could have happened someone other than work – can receive workers’ compensation benefits.  In both cases, the injured plaintiffs had tripped and fallen while at work, suffering injuries. Both workers had their claims initially denied on the grounds that the workers’ accidents could have happened anywhere and there was nothing specific or notable about the walking surfaces or hallways that contributed to the accidents. But the South Carolina Supreme Court disagreed, holding that all that was required in order for a worker to receive benefits was a causal connection between a worker’s employment and his or her injuries.

Facts of the Cases

In the first case, an administrative assistant was walking down a hallway in order to check the e-mail of a co-worker when she tripped and fell. In the second case, a supervisor for the South Carolina Department of Social Services was walking to a meeting when she also tripped and fell in a hallway, suffering injuries. In the first instance, the administrative assistant’s claim was denied on the grounds that her employer was not to blame for her accident. The other woman’s claim was denied after a workers’ compensation commissioner found that the injury could have been sustained anywhere, and there was nothing special or noteworthy about the floor at her workplace that would have made a tripping accident more likely.

What Then Do I Need to Show to Get Workers’ Compensation Benefits?

In both instances, the South Carolina Supreme Court held that all that a workers’ compensation plaintiff must show in order to receive benefits is a “causal connection” between the plaintiff’s injuries and his or her employment. It does not matter how accident-prone the plaintiff is or whether the injury is of a kind that could also be suffered at home or at a grocery store (for instance).

In some cases, showing this connection is relatively straightforward. In each of the two cases, for example, the plaintiffs were injured while they were at their workplace and on their way to accomplish some work-related task. In other cases, however, showing the “causal connection” can be more difficult.

Do I Need a South Carolina Workers’ Compensation Attorney?

While you do not need a South Carolina workers’ compensation attorney to file for benefits, retaining one can increase your chances of recovering benefits quickly. An attorney can review the facts of your claim and help you complete the necessary paperwork. If difficulties arise in your case – if, for instance, a commissioner states your injury is not work-related – an attorney can argue for benefits on your behalf.

Contact the Personal Injury Law Firm of Bice Law

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 500-BICE today or submit an online request  to get a free consultation with a  personal injury attorney. We serve families across both North Carolina and South Carolina.

 

Share this article on Social Media!