The John Price Personal Injury Law Firm Blog

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.

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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.

As a responsible driver focused on safety, you are likely well aware of the risks speeding carries. Unfortunately, every day at our law firm, we see the damage caused by dangerous driving behavior, and speeding certainly falls into that category. We understand the pain accident victims experience at the hands of drivers traveling at unsafe speeds, and we want to do everything we can to stop speeding. In today’s post, we’re going over the concerning statistics around this dangerous driving behavior and what you can do as an informed driver to reduce your risk of injury should you encounter a driver who is speeding. If you or a loved one has suffered an injury at the hands of a reckless driver, please reach out to us. Keep reading to hear more about speeding risks from the perspective of an accident lawyer in Charleston.

Speeding Statistics

The statistics tell a stark story about the consequences of speeding. A recent AAA survey found close to half of drivers admitted to going 15 mph above the speed limit on a freeway in the past month. The National Highway Traffic Safety Administration (NHTSA) breaks down the numbers around speeding:

• There were 9,378 speeding-related deaths in 2018
• 48 percent of speeding drivers in fatal crashes in 2018 were not wearing seat belts
• In 2018, 30 percent of men who were driving and involved in fatal crashes were speeding

Why Do Drivers Speed?

NHTSA cites several factors that may contribute to speeding, which they describe as an aggressive driving behavior. Not surprisingly, traffic congestion is on their list. We often see an escalation in aggressive driving when traffic is heavy. When a person is running behind schedule, they may also make the unwise choice to speed. NHTSA also included anonymity and a “disregard for others and the law” as possible factors.

What Can You Do?

To reduce the likelihood of being involved in a collision with a driver who is speeding, put these tips from the AAA Foundation for Traffic Safety into practice:

• Leave ample room between yourself and other drivers, especially when merging
• Limit time in the left lane and safety exit to make room for other drivers
• Don’t engage an aggressive driver
• Contact the police if you feel you may be in danger

We’re Here to Help

Are you searching for an accident lawyer in Charleston? If you or a loved one has been injured due to a speeding driver, our personal injury firm offers a free consultation and 24-hour answering service. Call John Price Law Firm, LLC at (843) 632-5672

Additional Resources:

https://www.nhtsa.gov/risky-driving/speeding
https://exchange.aaa.com/wp-content/uploads/2013/06/Road-Rage-Brochure.pdf

Many of us look forward to wrapping up the holiday season with New Year’s Eve festivities. That often means gathering with family and friends as you reflect back upon the joys and challenges the year held. As we weather a global pandemic, your plans may look different than when you ushered in 2020. Perhaps you are keeping your circle small, taking things virtual with a Zoom party or staying home. For those who have plans to attend a New Year’s Eve event while social distancing, fingers crossed the weather cooperates and you are able to celebrate under the stars. Today’s post is for you; keep reading for tips on celebrating New Year’s Eve from the John Price Law Firm family. We are lawyers in North Charleston who are ready to serve you with more than 118 years of combined experience.

 

As you bid farewell to 2020 and greet 2021 with hopeful anticipation about the blessings ahead and memories that await, remember to celebrate in a responsible way. Our firm represents DUI victims, so we know first-hand the devastating consequences of driving under the influence.

 

Driving Under the Influence Statistics

• The National Highway Traffic Safety Administration (NHTSA) reports, “during the Christmas and New Year’s periods in 2018, there were 285 drunk driving-related fatalities nationally.”
• AAA reports New Year’s Day “ranks among the year’s deadliest days for alcohol-related traffic fatalities.”
• The majority of alcohol-impaired driving crashes take place in the evenings and on the weekends.
• Most alcohol-impaired driving crashes occur during the evening hours and on weekends, according to AAA.

 

Celebration Tips

• Reach for non-alcoholic options: If you will be driving, commit in advance to avoid alcoholic drinks altogether. Enjoy non-alcoholic versions of your favorite adult beverages and know that making the responsible choice is the right thing to do.
• Stay put: If you plan to consume alcohol, speak with the host beforehand about staying overnight.
• Designate a driver: An alternative to staying overnight is designating a driver well before the festivities begin.
• Arrange an Uber in advance: Don’t rely on an Uber driver being available without notice. Use the “schedule” feature to lock in your transportation.
• Drive cautiously and defensively: When you make your way home after the party (after not having any alcohol), be especially mindful of other drivers on the road. Statistically, there will be other drivers on the road who have not made the responsible choice. Keep a safe distance and report reckless drivers by calling the authorities.

 

We’re Here to Help

Are you looking for a team of experienced lawyers in North Charleston? If you or someone you love was a DUI accident victim, 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.nhtsa.gov/es/drunk-driving/drive-sober-or-get-pulled-over-holidays
https://www.wtoc.com/2019/12/31/aaa-new-years-day-among-deadliest-days-nations-roads
https://www.uber.com/us/en/ride/how-it-works/scheduled-rides

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

In 2020, the effects of COVID-19 on families with a loved one in a nursing home have been significant and heartbreaking at times. In an effort to reduce the spread of the virus, in mid-May of this year, the federal government called for “extreme caution” regarding nursing home visits and established benchmarks around when visits could resume. AARP reports: “Older people are at higher risk for COVID-19, the disease caused by the new coronavirus. So are people with chronic medical conditions such as heart disease, diabetes, kidney disease and respiratory illness.” Though the reasoning behind the precautions was clear, the impacts on seniors of feelings of isolation were quite severe in some cases. In mid-September, officials revised benchmarks, allowing for outdoor and indoor visits at many facilities not facing an active COVID-19 outbreak (at the time of this post, South Carolina is one of the states on the list). As a nursing home lawyer in Charleston, we’re sharing tips on how to show loved ones you care while navigating the global pandemic.

 

We Are Wired for Connection

As reported in Scientific American, scientist and author Andrew Lieberman says, “our need to connect is as fundamental as our need for food and water.” Lieberman goes on to say, “data suggests that we are profoundly shaped by our social environment and that we suffer greatly when our social bonds are threatened or severed.” We’ve long used terms such as ‘heartbreak’ to describe social pain, and Lieberman found that “social pain is real pain.”

 

Ways to Show Your Loved One You Care:

• Plan virtual visits. Many nursing homes have responded to the need for virtual check-ins by providing tablets and assistance with communication. Think beyond the typical exchange as you embrace technology to share an experience (AARP suggests bringing your phone to Facetime or Zoom during a walk in the woods).
• Send a video message. The Centers for Disease Control (CDC) suggests video messages as a second option when live video chat is not available. Since the file can be saved to your loved one’s device, it’s something that can be enjoyed more than once.
• Visit in-person (safely). Review in-person visitation guidelines and do what you can to spend time in-person safely.
• Send love by mail. AARP suggests sending thoughtful cards or notes. Jot down your thoughts or have your children make a card for their grandparent. Small gestures to show your loved one is on your mind and in your heart can sweeten a gloomy day. The CDC’s ideas for care packages: photos, snacks, puzzles, books and more).
• Stay in the loop. AARP recommends closely following nursing home updates so that you know what’s going on in the facility where your loved one resides.

 

Questions to Ask About Your Loved One’s Care

AARP recently published a list of nursing home questions for loved ones and family members during COVID-19:

1. Has anyone in the nursing home tested positive for COVID-19?
2. What is the nursing home doing to prevent infections?
3. Does nursing home staff have the personal protective equipment (PPE) — like masks, face shields, gowns, gloves — that they need to stay safe and keep their patients safe?
4. What is the nursing home doing to help residents stay connected with their families or other loved ones during this time?
5. What is the plan for the nursing home to communicate important information to both residents and families regularly?
6. Is the nursing home currently at full staffing levels for nurses, aides and other workers?

 

We’re Here to Help

Are you looking for a nursing home lawyer in Charleston? Attorney John Price has practiced law since 1985, and his North Charleston firm offers compassionate yet vigorous representation in all types of nursing home negligence claims. If you believe a loved one’s injury or death was caused by a breach of negligent care or abuse by staff members, contact us . 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.aarp.org/caregiving/health/info-2020/nursing-homes-coronavirus-faqs.html
https://www.aarp.org/caregiving/health/info-2020/nursing-home-visits-by-state.html
https://www.scientificamerican.com/article/why-we-are-wired-to-connect/