The John Price Personal Injury Law Firm Blog

Car seats have come a long way over the past few decades as child safety continues to improve with more new findings and advances. When using a car seat, the proper installation and instructions for strapping a child in should be followed. Here is a look at some helpful tips to guide you through the process.

Types of car seats

There are different types of car seats as designs and brands run far and wide. However, there are some staples that every parent should know. A rear facing car seat should be used for children up to the age of two at a minimum. Size variations could dictate a change later for some. These rear-facing seats keep the child secured with a harness strap even with or below the shoulders.

Forward facing car seats are used by children above the age of two. These also have a harness and should be even with or above the shoulders. Regardless of which of these seats are used, parents can make sure they are secure by employing a pinch test. Use your fingers to pinch the strap right around the collarbone area. When there is enough of the strap to pinch, then it is too loose.

When to move on to a new car seat

Rear facing seats suit kids up to two years of age, unless they are on the smaller side. In those instances, they can be used a little longer. After the age of two, children should be placed in a front facing seat that is equipped with a five-point harness. But even when kids are big for their age before the age of two, they should still remain rear facing, due to the fact that their bones, spine and ligaments are still developing.

After the age of four, children can move to a booster seat in the state of South Carolina. This is contingent on the child meeting the recommended size requirements. That booster is required until the age of 8 in South Carolina or until the child has reached 57 inches tall. That is the minimum suggested height for a regular seat belt to function accordingly.

The wrong car seat or the improper fastening of a child safety seat could lead to a myriad of injuries. If you have a child who has been injured in an auto accident, the John Price Law Firm is here to help.

The Atlantic hurricane season begins June 1st and continues through the end of November. The hurricane season refers to the annual formation of tropical cyclones in the Atlantic basin, a number of which hit and affect the United States. As hurricane season continues, the likelihood of serious storms increases. And this year, experts predict the hurricane season will be busier than usual.

South Carolina residents need to be prepared in the event of a hurricane, particularly Charlestonians and those living in other coastal cities. Here are some tips to help you be prepared during the 2022 Atlantic hurricane season.

Basic Tips

One of the best ways to stay prepared during hurricane season is to stay up to date with hurricane news and alerts. Sign up for text or email alerts that update you with hurricane watches, warnings, and other relevant notifications about storms. The more you know about the particular storm, the better you can prepare your family and your home to deal with it.

You should also have a family emergency communication plan in place in the event that you and your family members are separated when a hurricane or tropical storm hits. Ready.gov has tips for putting a plan together, as well as a plan template you can download.

Evacuation Tips

You should also be prepared in the event that an evacuation is ordered this hurricane season, or in case your family decides to evacuate even if there is no order. Roads have evacuation routes in place, and while the traffic can get backed up, it is best to follow the evacuation routes instead of taking shortcuts, as these roads may be closed or blocked off.

Familiarize yourself with your hurricane evacuation route before you evacuate, so that the trip can go as easily as possible. To avoid traffic, consider getting a head start by leaving earlier, possibly leaving before the evacuation order is even issued.

If you expect an evacuation to be ordered, do your best to keep a full tank of gas in your car. Gas pumps may be closed, and you don’t want to be stranded on the road without gas. You should also keep a disaster preparedness kit in your car, holding things like a flashlight, batteries, cash, first aid supplies, and copies of your critical information.

Practicing patience is also very important in the event of a hurricane evacuation. There will be a lot of people on the road, and you can likely expect hours of traffic. In order to ensure your safety and the safety of those around you, keep your cool in the car during an evacuation.

If you’re involved in an accident

Even if you practice perfect patience, you may still be involved in a car accident while evacuating, so be prepared for an incident just in case. Have the necessary paperwork and information in the car with you to help the situation be resolved quickly. A disaster preparedness kit can come in handy in this situation, as it will hold much of your critical information already.

Home Safety Tips

While you can evacuate in the event of a hurricane or a tropical storm, your home cannot. Heavy rains and strong winds can cause serious damage to your home, so it needs to be prepared for hurricane season as well.

Trim trees surrounding your house before hurricane season hits, and regularly trim throughout the season, as strong winds can make branches fall and potentially damage your home. You should also secure gutters and downspouts to prevent water damage from heavy rains.

Secure items around your home, such as porch furniture, potted plants, and other items in your yard to protect them from strong winds, or bring them indoors. Cover your windows with hurricane shutters, and consider bracing your doors if winds are expected to be severe.

Lastly, do not post on social media that you are evacuating, as it may make your home a target for potential burglars. Even if you trust your Facebook friends or Twitter followers, ill-intentioned persons may see the post and target your home.

If you’re staying home

If you plan to stay home during a storm rather than evacuate, there are further steps you should take to prepare. Bottom line, have plenty of supplies. Supplies should include water, food (non perishables are best), flashlights, plenty of batteries, candles, a battery powered radio, and personal hygiene items.

Also consider items for household members who need special supplies, such as infants or pets. For all of these supplies, have enough to last at least 3 days. You may also want to consider installing a generator or purchasing a portable generator so that you can avoid the issues that go along with power outages.

While it is impossible to completely avoid a hurricane or tropical storm, there are steps you can take to reduce the risks associated with these storms. By following these tips, you can keep your family and your home as safe as possible during hurricane season.

 

Additional Resources:
https://www.ready.gov/make-a-plan

Are you the parent or caregiver of a new teen driver? Much anticipation and preparation likely went into getting your teen driver ready for this milestone. Many of us can remember what it was like to get our first set of car keys. We may also have memories of our first fender bender or close encounter due to severe weather or hazardous conditions. As exciting as this time can be for your child, it’s important to have a serious conversation with them about the dangers of the road. Today’s post will include teen driving stats and safety tips to discuss as a family.

 

Teen Driving Facts

The facts around teen drivers and auto accidents are alarming. The Centers for Disease Control and Prevention (CDC) reports “the risk of motor vehicle crashes is higher among teens aged 16-19 than among any other age group.” When you view the risks per mile driven, teens are three times more likely to be in a fatal crash compared to drivers 20 years and older. Those who are at the greatest risk in this age group are males, those with teen passengers, and those who are newly licensed.

 

Contributors to Crash Risk

In examining what may lead to the higher risks of accidents for teen drivers, the CDC places inexperience at the top of the list, followed by speeding, low seat belt use, alcohol, and driving in the nighttime or on the weekend.

 

Danger Zones to Discuss With Your Teen

The eight danger zones identified by the CDC are as follows:

• Driver inexperience
• Driving with teen passengers
• Nighttime driving
• Not using seat belts
• Distracted driving
• Drowsy driving
• Reckless driving
• Impaired driving

 

Agree on Ground Rules for Safer Driving

After going over the aforementioned danger zones, have a collaborative conversation with your teen regarding safe driving ground rules. A few we may suggest include:

• Always wearing seat belts
• Following posted speed limits
• Staying away from alcohol and drugs
• Using turn signals
• Putting phones and technology out of reach to reduce distracted driving
• Limiting teen passengers
• Limiting driving at night

Other tips highlighted on TeenDriving.com:

• Proper hand placement on the wheel
• A clean windshield for better visibility
• Being aware of aggressive drivers
• Keeping gas in your car
• Being a safe driver at school (more on their website)

 

Additional Steps to Consider

Be sure to review the First Driver’s License section on the South Carolina Department of Motor Vehicles (SCDMV) website for requirements and resources. The Insurance Information Institute recommends parents sign their teen drivers up for a driver’s education course. They also suggest looking into safe driver programs offered by your insurance company. Modeling safe driving habits around your teen is also emphasized. Spending some time on the AAA Keys2Drive website may also be worthwhile. They have a parent-teen agreement that is print-friendly and ready for signatures.

 

We’re Here to Help

Contact our personal injury firm you or a loved one has been injured in an auto accident in South Carolina. We offer a free consultation and 24-hour answering service. We have five convenient locations, with three South Carolina locations being fully staffed with full-time attorneys and experienced support staff, or we can meet you at your home or hospital, with evening and weekend appointments available. Contact John Price Law Firm today.

Fatigued driving is a topic we regularly cover on the blog, and for good reason: the National Sleep Foundation (NSF) reports more than 6,000 lives are lost each year due to drowsy driving. When you factor in holiday to-dos, strained sleep schedules from concerns around COVID-19, and conditions on the road this time of year, a reminder about the dangers of driving while drowsy is in order. Keep reading for tips on how to avoid fatigued driving from an accident lawyer in North Charleston.

What Is Fatigued Driving?
The American Academy of Sleep Medicine’s (AASM) definition of fatigued driving: “When a person who is operating a motor vehicle is too tired to remain alert. As a result, the driver may have slow reaction times, reduced vigilance and impaired thinking. In the worst case, the driver may fall asleep behind the wheel.”

Groups at a Higher Risk of Fatigued Driving According To AASM Include:

• Those with untreated sleep disorders
• Shift workers
• Those experiencing medication side-effects
• Young men

Learn the Warning Signs of Fatigued Driving

 

AASM cautions drivers to be aware of the signs of fatigued driving:

• Yawning
• Not able to keep your eyes open
• “Nodding off” and trouble keeping your head up
• Not able to remember driving the last few miles
• Driving too close to nearby cars
• Missing road signs or turns
• Drifting into other lanes or onto rumble strips on the shoulder

An additional sign of fatigued driving listed on the National Safety Council (NSC) website is having difficulty maintaining your speed.

How To Avoid Driving Drowsy

The Centers for Disease Control and Prevention’s suggestions to prevent fatigued driving:

• Get adequate sleep (7+ hours for adults, 8+ hours for teens)
• Practice good sleep habits (a sleep schedule may be helpful)
• Pursue treatment if you have a sleeping disorder
• Don’t drink or take medications that make you sleepy before driving

Other ideas from the AASM to keep in your toolkit:

• Avoid driving late at night
• Drive with a companion
• Take turns driving with a partner
• Pull over at a safe place to take a nap
• Consume caffeine for a quick boost
• Arrange for a ride home

We’re Here to Help
Are you looking for an accident lawyer in North Charleston? If you or someone you love was the victim of an accident due to fatigued driving, turn to John Price Law Firm, LLC. We offer a free consultation and 24-hour answering service. We have five convenient locations, with three South Carolina locations being fully staffed with full-time attorneys and experienced support staff, or we can meet you at your home or hospital, with evening and weekend appointments available. Call John Price Law Firm, LLC at (843) 632-5672.

Additional Resources:

https://www.sleepfoundation.org/articles/problem-drowsy-driving
http://sleepeducation.org/sleep-topics/drowsy-driving
https://www.nsc.org/road-safety/safety-topics/fatigued-driving

Before hiring an auto accident attorney, it is important to know exactly what you are getting. It is not wise to just pick out a name and go with that attorney. Here is a look at some of the top questions to ask an auto accident attorney when considering going with that service.

Are auto accidents the attorney’s specialty?

Some attorneys are better versed in handling auto accidents than others. Ask what other areas of law the attorney practices and hone in on his/her experience when it comes to auto accidents. Just because someone is a great tax lawyer does not mean they could handle auto accident claims.

What are the damages that can be claimed?

It is important to know how your case will be structured and what will be paid. There are damages that result from the physical toll of an accident and others that result from the emotional toll. You should know what your attorney is going after.

What Kind of Damages Can You Claim?

They are many damages that result from car accidents and you should be compensated for all of them. These damages include lost income, out-of-pocket expenses, medical bills, property damage, etc. There are also non-tangible losses such as emotional distress, physical impairment, pain and suffering, and more.

What are the attorney fees?

Most auto accident attorneys work on contingency fees. This means they don’t get paid until you get paid. Some attorneys require upfront payments, hourly rates or a flat fee. It is important to know where you stand in terms of what kind of payment is expected.

What can I do to help this claim?

There are certain responsibilities that fall on those who hire a car accident lawyer. Being proactive will only strengthen your case and asking what you can do will be a big benefit moving forward. The attorney will direct you on how exactly to assist.

How will my claim be managed?

Some law firms assign a team of attorneys to a case. Meanwhile, some cases are handled by a lone attorney. You should know right away who will be the one working with you and that will also identify your primary contact. This also involves who will be handling your claim if it does wind up going to litigation.

At John Price Law Firm, we have answers to all your auto accident attorney questions. We are ready to start working on your auto accident lawsuit in North Myrtle Beach, SC.

Nursing home negligence is a sad reality throughout the United States. It takes shape in various forms and does not have to be relegated to physical abuse. It can also manifest in mental abuse among nursing home patients, although this type is a bit more difficult to detect. It may take a more discerning eye to identify mental abuse, although here is a glimpse of some of the tell-tale signs.

Types of Mental Abuse

While it is not the most documented form of abuse in nursing homes, mental abuse continues to be very prominent. Mental abuse can also be an accompanying form of abuse. It goes along with physical and sexual abuse, but can also stand out on its own. It remains the most difficult form of abuse to identify without the obvious signs of other types of abuse.

First, it is important to establish what constitutes mental or psychological abuse. It could consist of threats made to patients by staff members or the act of humiliating them. Staff members can also inflict damage by instilling fear in patients. These can be defined into certain actions, highlighted by harassment. The act of insulting or scolding a patient also constitutes mental abuse. Some staff members have even been known to stalk patients. While these behaviors are both cruel and inhumane, they occur every day.

Difficulties in Detection

There are a number of factors that make it difficult to detect mental abuse in a nursing home. Elderly patients are susceptible to a variety of impairments. A decrease in cognitive capabilities can make these patients east prey for unscrupulous staff members. Elderly residents with Alzheimer’s disease or dementia are also easy targets and especially vulnerable.

Warming Signs

Despite all that is working against patients, there are signs to look for that indicate they are being psychologically abused. Patients who suffer from an unexplained bout of depression or have a sudden hesitancy to speak may have fallen victim to abuse. When a patient is being abused, they also have a tendency to grow more passive and are reluctant to make eye contact. It could even lead to instances where the patient refuses to communicate at all. Altered sleeping habits, confusion, a surge in anxiety and sudden loss of appetite are further indicators.

If you suspect that someone you know is falling victim to nursing home negligence in South Carolina, contact the John Price Law Firm today.

Fatigue can have a severe impact on workers in every industry, although it comes with severe consequences in the medical industry. One slight error can be the difference between life or death. And when a doctor makes a mistake because of fatigue, it can lead to a sizable medical malpractice claim.

Hospital shifts are constructed by staff and administrators, although many physicians work well beyond a typical 40-hour workweek. This is pretty much common knowledge, especially when it comes to residents. These doctors have been known to work anywhere from 80 to 100 hours per week as it is known as a grueling experience. Residents are typically sleep deprived as it is considered part of the job. The combination of a lack of sleep and residents not having a wealth of experience makes for a dangerous combination.

Even in the most skilled doctor, sleep deprivation and fatigue can lead to poor decision making, delayed responses and falling cognitive functions. This could result in misdiagnosis, medication errors, surgical errors and many other forms of medical malpractice. A current law has put in place by the Accreditation Council for Graduate Medical Education to limit residents to 80 hour-workweeks. However, that is twice the amount of work hours as most people who work a full-time job. The system is essentially a recipe for disaster.

To make matters even worse, this 80-hour cap came into existence only after a rash of patient deaths. Prior to that, residents may have been putting in even more hours during a normal week.

Residents are expected to work long hours as a learning experience. Nevertheless, the stress and fatigue of such an intense environment have the capability of leading to errors that could otherwise be avoided. Those errors have the potential to bring serious consequences to patients and in some instances, death.

In older physicians, burnout can have the same impact. Their judgment is negatively impacted when doctors are not well-rested. Studies continue to show that preventable deaths in American hospitals is at a rate considered much too high. However, medical malpractice lawsuits can be filed even when injuries are not of a catastrophic nature. Minor injuries even qualify when physician fatigue is responsible for that preventable injury.

The information presented here is not to be construed as legal advice. If you are a victim of medical malpractice in South Carolina, contact an attorney near you for assistance. 

Workers’ compensation is a welcomed benefit for people who sustain injuries on the job. It can be a source of survival while those injuries take time to heal. However, there is a larger overall effect on the system when fraudulent claims are filed. This can be done by both employees and businesses. Insurance companies have also been guilty of workers’ compensation fraud and here is a closer look at how it all happens.

Employees and fraudulent claims

One of the most common forms of workers’ compensation fraud occurs when an employee concocts an illness or injury that have no legitimacy. The goal is typically to get paid while not having to work. Back injuries are commonly used in fraudulent claims. Even if the claim is legitimate, you should expect to be scrutinized.

Employees do not have to completely make up an injury for it to be fraudulent. They can also fabricate the extent of the injury. The goal here is generally to make a minor injury seem to be major so that compensation will be disbursed without having to work.

One more way of committing workers’ compensation fraud is to acquire an injury or illness outside of work and make the claim that it was acquired while on the job. This is more difficult to stage when it is a severe injury. And a recurring illness or injury may also be a source for a fraudulent claim.

Fraudulent employer claims

Companies are required to purchase workers’ compensation insurance. Over the course of a year, premiums are paid to cover this insurance. Premiums could rise if there are workers’ compensation claims being paid out. However, employers could falsify the extent of their safety conditions in an effort to lower their premiums. Companies also commit fraud by listing some employees as independent contractors as this will lower the number of employees, thus reducing their premiums.

Some employers may omit workers compensation insurance and still make the claim that it exists. This could result in fines and penalties if the rouse is discovered. There have even been instances when employers teamed up with employees to commit workers’ compensation fraud in hopes of taking advantage of the insurance company.

If you are taken advantage of by a company in any way when it comes to workers’ compensation in South Carolina, contact a personal injury lawyer at John Price Law Firm. Proudly serving clients from North Myrtle Beach to Hilton Head Island and all across the palmetto state.

There is certain protocol to follow when filing an auto accident claim and that starts immediately after the accident. It is also important to know there are ways you can sabotage your very own claim. Here is a look at some things to avoid when it comes to your auto accident lawsuit.

Apologizing

It is not uncommon for someone to say I’m sorry following an accident, and that applies to instances when someone else was at fault. Refrain from apologizing in any way. The problem with saying you’re sorry could appear as though you are admitting fault. An insurance company could take that simple statement and build a case around the fact that you admitted guilt.

Delayed Medical Care

If you sustain any type of injury in an auto accident, it is imperative to seek out medical treatment. Delaying treatment opens up the possibility of an insurance company claiming that your personal injury may have occurred elsewhere. In order to win a personal injury claim, you have to compile medical records. And showing delayed medical records leads a lot of room for reasonable doubt.

Giving a Recorded a Statement

Have you ever heard the statement, anything you say can be used against you? This also applies to auto accident lawsuits. Insurance companies will often try to get you to make a recorded statement. Don’t do it. There is a method to how questions are formed and asked. The purpose is not to gather more facts, but to trick you into saying something that will hurt your claim. If an insurance company or adjuster calls you with questions, hang up and contact your attorney.

Putting Off Obtaining Legal Representation

There are so many intricate details that come with an auto accident claim that many people botch them when trying to navigate their way alone. An experienced auto accident attorney in South Carolina has been through many personal injury cases and knows precisely what to do in these situations. Waiting too long to hire an attorney could cost you.

Posting on Social Media

Anything you post on social media can and will be used against you. Stop posting pictures, tagging yourself at different locations and think before your post. A claims adjuster could be lurking online and use your social media posts to discredit your claim. It is also recommended that your privacy settings be activated in order to minimize any new activity with strangers.

Make us your The Post and Courier Charleston’s Choice.

Employee discrimination is an unfortunate occurrence that never seems to go out of season. Now that the COVID-19 pandemic continues to run rampant, employee discrimination has taken on a new form. Here is a closer look at how the pandemic has impacted employee discrimination in the workplace.

COVID as Pretext

For some employers, the pandemic may be viewed as a chance to get rid of some employees. It could use the current climate to justify layoffs when, in reality, it is just an excuse to get rid of some employees. It is important for employees to know their rights and also realize they are not liable to be laid off just because there is a pandemic going on. Not all businesses are bottoming out. If it can be established that an employer let go of an employee by using COVID as pretext, they could be held liable.

Individual Layoffs

In the midst of this pandemic, many businesses had to reduce their number of employees. But when only select individuals are laid off, it could raise a bit of skepticism. Why was one person laid off and not someone else? If whole departments are cut, then there is no basis for a lawsuit as it is an apparent show of a decline in business. But when individual layoffs occur, there is a reasonable basis to question why each one occurred.

Reduced Hours

A reduction in hours during the pandemic has been commonplace in an abundance of companies. Some are just not making enough money to keep all their employees. However, if there is a common theme within these layoffs, there may be reason to file a lawsuit. Are the hours reduced for members of the same ethnicity, gender or age group? If so, then there are grounds for a case.

Age Discrimination

Some companies have denied employee requests to work from home because of fear of contracting the coronavirus. Older employees, who are more susceptible to negative health effects of COVID-19, would be in a safer environment in their homes. However, a denial of that request has resulted in discrimination lawsuits being filed.

Mask Policies

Employees should be aware that refusal to wear a mask at the workplace could result in termination and is not considered a form of employee discrimination. If an employee cannot wear a mask because of a legitimate medical condition, then arrangements must be made by the company so they can perform their duties. However, a sheer refusal to wear a mask at work is not grounds for an employment discrimination lawsuit.

For most people, spending time on social media is an everyday part of life. It can be used professionally and personally with a wide variety of platforms to choose from. However, posting on social media should be done very carefully when you are in the midst of filing a personal injury lawsuit. Here is a look at some helpful social media tips on how to use social media while waiting to settle a personal injury lawsuit.

Think Before You Post

One goal of your adversary in a personal injury claim is to find a flaw in your claim. Claims adjusters are tasked with protecting their client and that means they will look to hinder your credibility by monitoring your online activity. If you are waiting on a settlement for a back injury, do not post pictures of a physical activity.

Use Privacy Setting

One way to keep prying eyes away from your social media page is to turn on your privacy setting so that only your connections can view your posts. This is not a full-proof plan as there are some third-party entities that will give access to a portion of your images, statuses and videos. Nevertheless, privacy settings offer another level of protection.

Do Not Accept Requests from People You Don’t Know

Forget about trying to build your follower numbers during this time. If someone you do not recognize sends you a friend request, keep in mind that it could be a claims adjuster. This ploy can be used to monitor your social media activity and if you post something you shouldn’t, that phantom friend will be there to make a record of it.

Refrain from Checking In

It is popular to check in when you travel to places. Avoid this altogether. Even if you are doing nothing strenuous, an adjuster could point out all the places you have been and argue that a legitimate injury would prevent so much traveling around. Frequent check-ins will give them an opportunity to challenge your claim with evidence that you are getting around.

Stop Friend Tags

It is also a good idea to discontinue any tagging from friends. You may not post about a trip somewhere, but a friend could tag you on a shared trip or adventure. Most social media sites have a setting to prevent you from being tagged in other users’ social media posts. It’s recommended that you activate that setting until your claim is settled.