Negligence

Negligence

Rock Hill, SC Personal Injury Lawyer

If you have ever seen a television advertisement for a personal injury attorney, you have likely heard the term “negligence” used, but you may not fully understand what that means. At its most basic, it is a legal term used to refer to fault, or culpability. If you ever find yourself involved in a personal injury accident and believe that the other person, or entity, involved was responsible for your injuries, then you will likely need to prove that they were negligent in order to recover compensation for your injuries.

Personal injury accidents fall within the area of the law known as “torts.” Torts can be strict liability, intentional or negligent. The vast majority of torts, including personal injury accidents, fall into the category of negligence. Although entire law school textbooks have been written about the subject of negligence, it is not necessary to have a deep understanding of the term in order to understand what is required in order to prevail in a personal injury accident case.

Negligence requires that you, the victim, prove four elements — a duty of care, a breach of the duty of care, causation, and damages. The duty of care means that the defendant owed you a duty to take reasonable precautions under the circumstances in order to ensure that no harm came to you. In some personal injury accident scenarios, such as car accidents, the duty of care is well established. A driver of a vehicle on a public roadway owes a duty of care to other motorists. In other types of personal injury accidents, the duty of care is not as well established; however, the concept remains the same.

The second element, breach of the duty of care, is typically where the majority of litigation in personal injury accidents is found. Even where a duty is owed, true accidents can happen. In order for you to be entitled to compensation from the defendant, he or she must have breached the duty of care. Again, some breaches are more obvious than others. In a car accident case, things like speeding, texting while driving or drinking while driving are obvious breaches of the duty of care.

Causation simply means that the defendant’s breach of the duty of care actually caused your injuries. Many times this is clear; however, there are situations where it is not. For example, imagine that an airplane crashes and you are injured in the crash. Although it is later determined that the airline failed to perform required routine maintenance, which could be a breach of the duty of care, the actual cause of the crash was a lightning strike. In that case, the breach of the duty of care was not the direct cause of your injuries.

Finally, you must prove damages. “Damages” is the legal term used to describe injuries. Your injuries may be physical, psychological, emotional, or all of these; however, you will need to prove that the defendant’s actions, or inactions, resulted in your suffering damages of some kind.

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) 5-BICE-LAW today or submit an online request  to get a free consultation with a  personal injury attorneyWe serve families across both North Carolina and South Carolina.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.
Share this article on Social Media!

Prolapsed Umbilical Cord Causes and Effects

Rock Hill SC Birth Injury Lawyer

Childbirth can be an amazing, exciting, and wondrous process. However, with about 30% of all mothers experiencing some kind of birth complication, it can also be a very scary and stressful time.

While there are numerous types of potential complications and traumas that newborns may face, some are much more serious than others. A prolapsed umbilical cord is among the most dangerous and life-threatening of Michigan birth injuries.

During pregnancy, the umbilical cord represents a child’s lifeline. Through this tiny cord, babies receive oxygen, blood, and nutrients. If the umbilical cord is obstructed at any time during birth, the results can be serious and sometimes fatal. Some of the most common causes of a prolapsed umbilical cord include:

  • Premature rupture of a membrane (when water breaks early)
  • Delivering multiple babies (i.e. twins, triplets, etc.)
  • Breech delivery
  • Unusually long umbilical cord

Because of the vital role that the umbilical cord plays in sustaining life, the outcomes of a prolapsed umbilical cord can be devastating. Some of these outcomes include:

  • Permanent brain damage due to lack of oxygen
  • Cerebral palsy
  • Death

Doctors who diligently follow standards of care should be able to detect and prevent a prolapsed umbilical cord before it becomes a serious issue. Those who fail to do so can be held liable for any harm done to an infant.

Contact the Birth Injury Law Firm of Bice Law

If your child was injured during delivery, we can help you seek compensation for the damages you and your child are facing, take the first step to protect your legal rights – contact the personal injury firm of Bice Law.  We serve families across both North Carolina and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a birth injury attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

Share this article on Social Media!

Large Truck and Motorcycle Collide

Early Sunday morning a man died when his motorcycle struck another vehicle. The man on the motorcycle was riding without a helmet on at the time of the crash.
The motorcyclist had been traveling “at a very high rate of speed” just before his motorcycle struck another vehicle. He was pronounced dead at the scene.
The other vehicle in the crash left the scene and is being sought by the S.C. Highway Patrol.  The autopsy showed that the man died as a result of trauma suffered in the crash.

Contact the Motorcycle Accident Law Firm of Bice Law

We investigate the accident records or scene in order to interview key witnesses and document evidence before it has been destroyed or removed.  We’ll review your medical records and evaluate your long-term prognosis to assess the amount of damages that your injury warrants. We proudly serve the people of North and South Carolina. 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 been involved in a serious motorcycle accident, take the first step to protect your legal rights – contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a motorcycle accident attorneyResults are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

Source: http://www.thestate.com/2013/04/14/2723802/person-dies-in-northeast-richland.html#storylink=cpy
Share this article on Social Media!

Asbestos: Why is it Toxic?

Rock Hill, SC Personal Injury Lawyer

Found in soil and rocks, asbestos is actually a mineral fiber that has considerable strength and can be heat resistant. The characteristics of this fiber made it desirable early on and there was a boom with its use in construction for the purpose of insulating structures and protecting against fires. While this is one of its more common uses, it was also turned into or put into tiles, packaging, coatings, certain car parts, paper and more. Asbestos was used more often in the past before it was understood how harmful it could be. Today the use of is it is far more limited but not all areas have had it eradicated workers are sometimes placed in a location that they do not recognize as being harmful to them. It may be used in attics, fabrics meant to repel heat, rood tiles, furnaces and more. Some of its uses are now banned under the law, but not all of them are regulated against. They effects may not show themselves for years either, so many of the victims are just now feeling the effects of the exposure.

The fibers of it can be in the air after something disturbed the item that is carrying it. This can cause it to enter the lungs of the person breathing in since they may be unaware of its presence and are not wearing a face mask. In order to cause harm, the exposure typically needs to be over a period of time, as opposed to an isolated event. It can lead to a number of health issues, with some of the most common being mesothelioma, lung cancer and asbestosis. Asbestosis is when the fibers get into the lungs and cause fibrosis. It is also referred to as the scarring of the lungs and can be seen by excessive fiber tissue which makes it challenging to breath. Many workers are an asbestos exposed area every day. Years after their job they may become diagnosed and the trail of where it was developed can often lead back to a job they had with a company that didn’t protect them as they should.

There are different types of asbestos and each of them has the potential to cause serious illness. There have been thousands of deaths recorded as a result of asbestos exposure since it was discovered that it was toxic. It is believed by some that the government learned of its toxic nature long before they released the information to the public. Some of the effects of exposure can lead to serious medical needs that require extensive attention. This can be costly for the victims and families and in many cases there is reason for compensation to be sought.

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) 5-BICE-LAW today or submit an online request  to get a free consultation with a  personal injury attorneyWe serve families across both North Carolina and South Carolina.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

Share this article on Social Media!

Wrong-Side Surgery

Rock Hill SC Medical Malpractice Lawyer

Recently in Washington, a doctor operated on a little boy’s left eye when she was supposed to operate on his right. Her reasoning for this mistake was that she lost her sense of direction.

Careless mistakes by doctors frequently lead to wrong-side and wrong-site surgeries. Doctors are supposed to take a marker and mark on their patient’s body where they are having surgery at to avoid these careless mistakes.

These mistakes, which also happen in North and South Carolina and are examples of Medical Malpractice, can lead to serious injuries and even death.

Not only are wrong-side surgeries dangerous, they are also costly. Usually when a wrong-side surgery happens, the original problem goes unfixed. This means that you will most likely have to have another surgery to correct what you went in for the first time.

Contact the Medical Malpractice Law Firm of Bice Law

If you believe you have suffered injury or harm due to medical malpractice, take the first step to protect your legal rights contact the personal injury firm of Bice Law.   We serve families across both North Carolina and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a medical malpractice attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

Share this article on Social Media!

The Dangers of Texting Pedestrians

Rock Hill SC Pedestrian Accident Lawyer

It has become common knowledge in recent years that texting while driving is extremely dangerous. Drivers who are texting are 23 times more likely to be involved in an accident. Less is known, however, about the dangers of texting while walking. A recent study of busy South and North Carolina intersections showed that a mobile device distracted one in three pedestrians. Pedestrians who were distracted by their phone were four times less likely to pay attention to traffic lights, stay within the crosswalk, or even look up before crossing.

Nationwide, the number of traffic-related fatalities is at historic lows, except in circumstances involving pedestrians. Many believe that the rising number of pedestrian fatalities is related to the increasing number of people using their phone to send texts, check email, browse the Internet, and listen to music. According to the Consumer Product Safety Commission (CPSC), at least 1,100 people were hospitalized after using a mobile device while walking in the year 2011.

It is important for all Carolina drivers and pedestrians to pay attention to the road. If a distracted driver injures you, however, you have the right to pursue financial compensation for your losses.

Contact the Pedestrian Accident 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 been hurt in a pedestrian accident, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North Carolina and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call (855) 5-BICE-LAW today or submit an online request  to get a free consultation with a  pedestrian accident lawyerWe serve families across both North and South Carolina.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

Share this article on Social Media!

The Cost of Accidents Involving Intoxicated Drivers

Rock Hill SC Auto Accident Lawyer

Most people know that drunk driving is a dangerous and foolish act. However, many do not know just how damaging it can be. Sadly, all of the following statistics about drunk driving are TRUE:

  • Over 10,000 people die each year in alcohol-related car accidents in the U.S.
  • One person is killed every 50 minutes in a drunk driving accident.
  • One person is injured in a drunk driving accident every minute.
  • One in three people will be involved in an alcohol-related crash in their lifetime.
  • The average drunk driver has been drunk 87 times before being caught.

The very real lesson here is that drunk driving can lead to serious injuries and, in many cases, loss of life. You should never drink and drive, and you should talk to your kids about the dangers of drunk driving.

If you or a family member has been injured or even killed by a negligent drunk driver, then you face a harsh and difficult reality. The victims of North and South Carolina drunk driving wrongful death accidents go beyond those that have been killed. The people left behind after fatal drunk driving accidents have to deal with many hardships, including:

  • Emotional pain and suffering
  • Funeral costs
  • Medical bills and permanent losses
  • Lost wages
  • And more.

Contact the Automobile Accident Law Firm of Bice Law

At Bice Law we can help you determine who we believe to be at fault in the accident. We will look to a number of sources to help you determine liability including but not limited to statements made at the scene by witnesses and parties, the investigating officer’s accident report, and depending on the case, possibly accident reconstruction experts, and highway design or maintenance experts.We serve families across both North and South Carolina. If you have been seriously injured in a car accident, take the first step to protect your legal rights – contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a auto accident lawyer.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

Share this article on Social Media!

Struggles With Spinal Cord Injuries

Rock Hill SC Spinal Cord Injury Lawyer

Spinal cord injuries are devastating, not only for the new challenges they involve but also because of the costs of continuous medical care.

According to the National Spinal Cord Injury Statistical Center (NSCISC), the average annual first-year costs of spinal cord injury treatments range from $322,000 to $985,000, depending on the severity of the injury. Annual medical care costs following that first year range from $40,000 to $170,000, again depending on the extent of the injury. Put another way, the NSCISC estimates the lifetime medical care costs for a 25-year-old who suffers a severe spinal cord injury – termed high tetraplegia -will exceed $4.3 million.

A woman in Colorado became a quadriplegic when she was just 9 years old due to a gun shot wound to her neck. Ever since the devastating injury, most of her medical treatment consisted of painkillers, as many as four high-doses per day. Several years back she explored alternative treatments, involving things like acupuncture, with positive results, both physically and emotionally.

The only real problem with these alternative treatments was their cost, because Medicaid would not cover these treatments. She eventually looked for government help with this issue and the Colorado legislature approved Medicaid funding for alternative spinal cord treatments.

The top causes of spinal cord injuries in this country are falls, acts of violence, and sports, with car accidents being the number one cause. Those who suffer spinal cord injuries face a difficult life. When spinal cord injuries are caused by the negligent actions of others, those deemed responsible should pay for the medical care of their victims.

Contact the Spinal Cord Injury Law Firm of Bice Law

If you have suffered a spinal cord injury because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law.  We serve families across both North Carolina and South Carolina. You only have a limited time after your injury to file a claim, however, so you must act quickly.  Contact the personal injury firm of Bice Law today by calling (855) 5-BICE-LAW or submit an online request to get a free consultation with a paraplegia injury & accidents  attorney.  Results are how we measure success – we’ve built a strong reputation both in and out of the courtroom, and we’ll put our experience and expertise to work on your behalf.

Share this article on Social Media!