How Typical Defective Product Claims Play Out

How Typical Defective Product Claims Play Out

Top Personal Injury Attorney Statistics

According to statistics from top personal injury attorneys, thousands of people every year are injured or killed because of dangerous or defective products. In Charleston, SC and throughout the United States, manufacturers, distributors, wholesalers and retailers may be held liable for any damages incurred by others through defective products they make, distribute or sell. However, receiving proper compensation in a timely manner often requires the help of a reliable personal injury attorney.

Gather Information

If you have been injured by a defective product, it is recommended that you seek a personal injury attorney as soon as possible. However, before you do so, you must prepare by gathering all of the pertinent information that personal injury attorneys will need. This information includes a receipt or proof of your purchase and paperwork from your doctor about your injuries and any treatment performed. You will also want to write down as many facts as you know, including all of the following:

  • Product and price paid for the product
  • Date and place of purchase
  • Date and time the injury occurred
  • How the injury occurred
  • How the product is defective
  • Damages sustained from the injury

Personal Injury Attorney

Once you have all of your facts and documentation, find an experienced attorney. Personal injury attorneys will be able to take care of the entire process for you. If you have a good case, then it may be accepted on a contingency basis, which means you won’t have to pay your lawyer out of your own pocket in advance.

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The attorney will file a claim with all entities in the supply chain with a notice that you are seeking damages and that a lawsuit will be filed in court. The liable parties will have a chance to settle the case out of court, but if it goes to court, your lawyer will have to prove the following four points:

  • You suffered an injury.
  • The product is defective.
  • The defective product caused the injury.
  • The product was used as intended or alternatively, the product was used in a way that could have been foreseen. Even if the product was misused, you still might have a claim.

Once these four points can be proved, an amount for compensation can be negotiated between you, those liable and the court. It’s best if you have an experienced and honest personal injury attorney during these proceedings.

If a family member is injured and you are seeking compensation, contact our South Carolina product liability attorneys. We offer a free consultation and can meet the victim at one of our five locations, or we can visit your home or hospital. We want to help. Let us help.

What Happens If At-Fault Driver Doesn’t Have insurance

What Happens If At-Fault Driver Doesn’t Have insurance

Everybody knows that liability car insurance is the bare minimum legal requirement if you want to operate a vehicle on the roadway. However, a lawyer will tell you that uninsured driver accident cases are some of the most common issues that they come across. It’s important for you to have an understanding of what happens next should this happen to you at some point.

Call the Police

First and foremost, you should call the police right away. No matter if the person has insurance or not, you should make sure that the police are notified so they can file a report about the incident. This is a very important document that your personal injury attorney will need later in your case.

Don’t Accept a Bribe

People who are driving without insurance probably don’t want you to notify the police. As a way to avoid that, they may just offer you money for the accident. Do not accept this! It is unlikely that the amount of money that they give you will actually cover the costs of your injuries or your car’s repairs. Make sure you have a clear understanding of the details of your accident before you go into negotiations with anybody.

Trade Contact Information

You should absolutely provide each other with contact information. It’s likely that you’ll need this when you file an insurance claim for the accident. While the other driver may not have insurance, you should obtain their name, phone number, and address.

Contact a Personal Injury Attorney

Of course, one of the most important things you should do is contact a car accident lawyer right away. We at John Price Law Firm,  are more than happy to provide the legal guidance you need. Contact our offices today to schedule your free consultation (843) 632-5672!

 

The First 5 Things You Should Do After A Crash

The First 5 Things You Should Do After A Crash

Early estimates from the U.S. Department of Transportation show that 26,730 people were killed in car crashes in the first nine months of 2019 alone. With staggering numbers like these, we can be certain that thousands more were injured. The truth is that car accidents happen. Because we cannot control elements like hazards, weather and other motorists, any time you are traveling in a vehicle, there is potential for an accident to occur. What you do immediately following an accident is very important in protecting your rights during the claims filing process.

Let’s be honest, traffic accidents are scary and stressful. Literally jarring you from your focus on the road, car accidents sneak up on you and jolt you into a new mental state without warning. The most important thing you can do when a car accident occurs is to remain calm. As you begin to register what just happened, protect yourself by taking a few deep breaths and keeping a level head. From that moment on, your actions and words will be crucial as you file a claim with insurance and speak to a car accident attorney about any damages you may have suffered.

Rely on this list of the first five things you should do after a crash to guide and protect you through the stressful situation:

Stay at the scene

No matter what, do not leave the scene of a car accident. Not only do you risk missing an important opportunity to assess the damages, you are also risk a hit-and-run charge.

Check for injuries and damages

Before you exit your vehicle, check yourself for any injuries. Do not step out of the car if you feel dizzy, lightheaded or disoriented. Once you have determined that it is safe to get out, exit your car and check with the other drivers to identify any injuries they may have. If anyone is seriously injured, call 911 immediately. If all are ok, you can begin checking the vehicle for obvious damage.

Call the police

You should never leave out this step. A police report provides an official record of the accident that will be important in filing an insurance claim and documenting anything you may need in a potential personal injury suit. As soon as possible, call the police so that they can respond to the scene right away.

Exchange information and record evidence

Once the authorities have been dispatched, you can get to the business of a car wreck. Exchange insurance information right away. If possible, take a picture of the other driver’s insurance card. Record their names and the names and contact information of any witnesses who may be present. If it is safe, you can gather documentation of the damage to your vehicle and yourself. Take pictures of anything that is dented, scratched or otherwise damaged as a result of the accident. The more documentation the better.

Be careful of what you say

Finally, the important step five should be exercised through the entire experience. For some people it is instinct to immediately apologize for a car accident. Do not do this. An apology or an admission of guilt immediately builds evidence that you are at fault. This determination is best left to the responding officer, lawyers and insurance adjusters. Additionally, keeping a level head and cool attitude is important. Hostile behavior doesn’t doesn’t make you look good on a police report.

When you are involved in a car accident, emotions can run high. Regain focus on the situation as quickly as possible and proceed with a calm attention to detail.

At John Price Law Firm, LLC, injured individuals receive compassionate counsel and strong advocacy in negotiations or at trial. To arrange a free initial consultation with one of our car accident attorneys, call us at (843) 632-5672 or fill out our form. 
 

Additional Resources:

https://money.usnews.com/money/personal-finance/articles/2018-07-03/7-steps-to-take-after-a-car-accident
https://injury.findlaw.com/car-accidents/car-accident-dos-and-don-ts.html
https://www.allstate.com/tr/car-insurance/in-case-of-a-car-accident.aspx

Child Safety and Car Seat Tips

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.

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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.

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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.

How to Prepare for a Charleston Hurricane

How to Prepare for a Charleston Hurricane
Hurricane Preparedness

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

Q&A: Hiring Auto Accident Attorney

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.

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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.

How to Detect Mental Abuse in Nursing Home Patients

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.

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

Physician Fatigue Among Residents Could Lead to Medical Malpractice

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.

Tired Women Doctors Sitting

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 Fraud Defined

Workers Compensation Fraud Defined
Fraud Symbol Concept with Word Blocks 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.

Ways You Can Hurt Your Own Auto Accident Claim

image-1454253There 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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Make us your The Post and Courier Charleston’s Choice.

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Wowww! We are really honored to have been nominated and selected as one of the TOP TEN Law Firms and Personal Injury Attorneys in the Charleston market.
 
The competition is steep and it would be such an honor to win…being nominated is great too! Each day our attorneys and staff work hard to help you feel like you’ve just won first place, and at The John Price Law Firm our number ONE priority is YOU!
 
If you wouldn’t mind, please take a sec to vote for us as Best Law Firm and Best Personal Injury Attorney in the Professional Services category. Voting is open now AND you can vote again and again daily until July 21st, 2021.
 
And…if you’re feeling extra generous you could be our ambassador and share on YOUR social media as well. It would mean so much to us, and the success of our firm, to have the honor of winning first place.
 
Here’s the facts. We love working hard for injured people. And we love seeing the smile on your face when we have helped you when you needed it most. We thank you in advance for your support!
 
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Employment Discrimination in the COVID Era

Employment Discrimination in the COVID Era
office meeting during pandemic 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.

How Should I Handle Social Media During A Personal Injury 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.

Mobile Social Network Use
Social network apps on a mobile device

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.

Injured by a Speeding Driver

car and driver

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

Why You Need a Attorney on Your Side

Why You Need a Attorney on Your Side

If you or a loved one is a victim of a semi-truck collision, you understand it is a dangerous and traumatic experience. Many factors play a role in just how perilous the situation can become, including whether the crash involves a bicyclist or pedestrian, the speed in which both parties are traveling, where the impact takes place, ejection from the vehicle, road and weather conditions, and more. Today’s post covers semi-truck accidents and the consequences they pose from a Charleston truck accident attorney.

Truck driver negligence worsens collisions and may include:

● Driving more consecutive hours than allowed by law
● Changing lanes without signaling
● Speeding
● Tailgating
● Driving drunk or under the influence of drugs

 

Company negligence also comes into play when trucks are not maintained, drivers aren’t sufficiently trained or vehicles are overloaded or incorrectly loaded.

 

To make matters worse, you can expect the trucking company involved in the accident will assemble a team of investigators, insurance claim adjusters, and attorneys as they set out to deny all liability. For these reasons and a host of others, we recommend you hire an experienced team of personal injury lawyers to preserve all available evidence and begin building your case.

 

Semi-Trucks Defined
The Federal Motor Carrier Safety Administration defines a truck tractor as a “vehicle configuration consisting of a power-unit designed to draw/pull a semi-trailer. Thus, the truck tractor itself has no cargo-carrying capability without an attached semi-trailer. A semi-trailer is constructed so that some part of the weight rests upon the power unit.Examples of semi-trucks: 18-wheelers, tractor-trailers, logging trucks or other types of commercial trucks.

 

The Numbers on Large Truck Crashes

The Insurance Institute for Highway Safety (IIHS) reports “trucks often weigh 20-30 times as much as passenger cars and are taller with greater ground clearance, which can result in smaller vehicles under riding trucks in crashes.” IIHS reports 45 percent of large truck occupant deaths in 2018 occurred in crashes in which their vehicles rolled over.

 

According to the Federal Motor Carrier Safety Administration:

  • There were approximately 499,000 police-reported crashes involving large trucks in 2018
  • 4,415 (1 percent) were fatal crashes
  • 107,000 (21 percent) were injury crashes

 

In the fatal crashes reported:

  • 21 percent were single-vehicle crashes (bicyclist, pedestrian, non-motorized vehicle, etc.)
  • 62 percent involved two vehicles

 

We’re Here to Help

Are you searching for a Charleston truck accident attorney? Contact our personal injury firm if you or a loved one has been the victim of a semi-truck crash 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. Call John Price Law Firm, LLC at (843) 632-5672.

Additional Resources:

https://ai.fmcsa.dot.gov/DataQuality/CrashCollectionTraining/lesson3/tractors.html
https://www.iihs.org/topics/fatality-statistics/detail/large-trucks
https://www.fmcsa.dot.gov/safety/data-and-statistics/large-truck-and-bus-crash-facts-2018

National Concussion Awareness Day

National Concussion Awareness Day

The national conversation around concussion has grown significantly in recent years. Although competitive sports may come to mind (and for good reason given the statistics), the risk of concussion extends beyond the field. National Concussion Awareness Day from the Brain Injury Association of America is Sept. 18. Keep reading to learn more about concussion facts, causes and symptoms.

 

The Statistics
The CDC reports an estimated 2.8 million sustain a traumatic brain injury (TBI) each year resulting in 50,000 deaths, 282,000 hospitalizations and 2.5 million receiving emergency department treatment. The CDC also found TBI is a contributing factor to 30 percent of all injury-related deaths in the United States.


What is a concussion?

The CDC defines a concussion as follows: “A concussion is a type of traumatic brain injury—or TBI—caused by a bump, blow, or jolt to the head or by a hit to the body that causes the head and brain to move rapidly back and forth. This sudden movement can cause the brain to bounce around or twist in the skull, creating chemical changes in the brain and sometimes stretching and damaging brain cells.”

What are the causes?

The CDC reports “a bump, blow, or jolt to the head can cause a concussion,” also citing “a fall or a blow to the body that causes the head to move rapidly back and forth.” Unfortunately, concussions are all too common in auto and motorcycle accidents. We also see them in injuries sustained by workers at job sites due to a fall or being struck in the head by accident.

 

What are the symptoms?
The Brain Injury Association of America published a list of general signs of concussion, which they describe as ranging from “hard-to-see to quite obvious.” They are as follows:

  • Dizziness
  • Headaches
  • Blurred Vision
  • Nausea
  • Vomiting
  • Slurred Speech
  • Appearing Dazed, Confused
  • Ringing in the Ears
  • Delayed Response to Questions
  • Loss of Consciousness

 

They also provide a helpful breakdown of cognitive, physical, emotional and sleep signs of concussion. For example, feeling “in a ‘fog’” or not being able to think clearly (cognitive) may translate into a headache (physical), feeling sad (emotional) and sleeping more (sleep). Another example is having trouble following conversations (cognitive), suffering from post-traumatic amnesia (physical), feeling easily irritated (emotional) and having difficulty falling asleep (sleep).

 

Treatment

The Brain Injury Association of America urges people to seek medical attention right away if you have sustained a “bump, blow or jolt to the head” accompanied by these symptoms:

  • A headache that gets worse and does not go away
  • Weakness, numbness or decreased coordination
  • Repeated vomiting or nausea
  • Slurred speech
  • Drowsiness or cannot be awakened
  • One pupil is larger than the other
  • Convulsions or seizures
  • Not able to recognize people or places
  • A feeling of increased confusion, restlessness or agitation
  • Unusual behavior and/or loss of consciousness

 

We’re Here to Help

Contact our personal injury firm if you or a family member has suffered an injury or been seriously hurt 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. Call John Price Law Firm, LLC at (843) 632-5672.

Slip and Fall Injuries on Private Property

Slip and Fall Injuries on Private Property

Fall rhythms feel a little different this year. Though gatherings may be limited or taken outdoors with social distancing in mind, you may still plan to visit a friend’s private property. Perhaps there will be pumpkin carving with the kids on the back porch, a chili cook-off with seasonal ingredients, or an autumn wine and cheese tasting. Things can take a turn in a matter of moments when the premises are unsafe, leading to unfortunate injuries. Justia.com states: “Generally, property owners and occupants owe a duty to use reasonable care to maintain any property under their control.” At John Price Law Firm, LLC, we see slip and fall injuries due to slippery floors, holes or pavement defects, areas under construction, or inadequate safety precautions in dangerous areas, to name a few. Keep reading to learn more about slip and fall law and how we can help.

 

What Is Slip and Fall Law?

HG.org defines slip and fall law: “Slip and fall law refers to the liability rules governing cases in which an individual falls to the ground and suffers harm due to a dangerous condition on someone else’s property.”

More Than Slips

Regarding types of injuries under the law, HG.org reports victims are covered from unsafe conditions underfoot resulting in a slip and fall, “whether it produces a stumble, overextension, twist, or other movements.”

 

Serious Injuries May Occur
Serious injuries occur from slip and fall accidents. We often see the following:

  • Fractures of the radius or ulna (forearms)
  • Fractured wrists from attempting to break the fall
  • Fractured knee caps
  • Back injuries
  • Ankle injuries

The healing process can be quite slow and may include permanent consequences. Although the property owner may be a friend who is extremely apologetic, it’s important to put your health and livelihood first. Your quality of living may be affected for longer than you would initially believe.

What Should I Do If I Suffer a Slip and Fall Injury on Private Property?

Contact our personal injury firm if you or a loved one has been the victim of a slip and fall injury in South Carolina. Time is of the essence when it comes to documentation, as the owners may attempt to cover up or correct the situation. Avoid collecting a “quick check” from the insurance company, as it will likely not cover problems that arise down the road.

 

We’re Here to Help

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.

Hit-and-Run Accident Attorneys in South Carolina

Hit-and-Run Accident Attorneys in South Carolina
Hit-and-run accidents are rising at an alarming pace on a national level, a 60 percent increase since 2009 according to the AAA Foundation for Traffic Safety. In fact, AAA reports every minute in the United States, a hit-and-run accident takes place (682,000 crashes and 2,049 deaths in 2016). Unfortunately, they also found that pedestrians and bicyclists make up nearly 65 percent of hit-and-run fatalities. Keep reading to learn more about hit-and-run accidents and what to do if you or a loved one is an accident victim.

What is a hit-and-run accident?
Law.com defines a hit-and-run accident as “the crime of a driver of a vehicle who is involved in a collision with another vehicle, property or human being, who knowingly fails to stop to give his/her name, license number and other information as required by statute to the injured party, a witness or law enforcement officers.”

 

Where do hit-and-runs occur?

We certainly see these accidents on roads and highways, but that isn’t always the case. Allstate reports parked cars were involved in 69 percent of hit-and-run claims in 2010.

 

Why are the numbers climbing?

The AAA Foundation for Traffic Safety reports “hit-and-run deaths in the U.S. have increased an average of 7.2 percent each year since 2009.” Regarding the increase, Mary Wisniewski

for the Chicago Tribune cites several contributing factors after speaking with Kelly Nantel of the National Safety Council. The first being “the increased number of cars on the road, which has led to more crashes overall.” Also mentioned: distracted driving and the “ongoing problems of high speed and alcohol use.”

Where does South Carolina rank?

Cars.com reports South Carolina is ninth on the list of dangerous states for this type of collision.

 

What should I do if I’m the victim of a hit-and-run?

Your health and safety are your first priority. Contact the authorities right away and get the medical attention and legal documentation you need. The team at John Price Law Firm, LLC has been helping accident victims for the past 25 years. You may not have any way to track down the perpetrator, leaving you without compensation from their insurance company.  Look to us to gather the evidence needed to work with your insurance company under your uninsured/underinsured motorists’ coverage.

 

We’re Here to Help

Contact our personal injury firm if you or a loved one has been the victim of a hit-and-run 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. Call John Price Law Firm, LLC at (843) 632-5672.

Verbiage pulled/modified from hit-and-run page on John Price website

Additional Resources:

https://newsroom.aaa.com/2018/04/hit-run-deaths-hit-record-high/#:~:text=An%20average%20of%20682%2C000%20hit,percent%20each%20year%20since%202009.
https://dictionary.law.com/Default.aspx?selected=869
https://www.chicagotribune.com/business/ct-biz-hit-and-run-crashes-getting-around-20190219-story.html
https://www.cars.com/articles/hit-and-run-deaths-are-way-up-how-dangerous-is-your-state-1420699813513/

Find the “Right Seat”

Find the “Right Seat”

National Child Passenger Safety Week is just around the corner, including National Seat Check Saturday (the week of Sept. 20, 2020). The John Price family understands just how critical child passenger safety is; we are doing our part to add to the conversation as we work together to end the suffering of children due to motor vehicle accidents. Please join us in learning more about this worthwhile campaign as prevention makes an enormous difference.

 

Statistics
The United States Department of Transportation reports “every 32 seconds in 2018, one child under the age of 13 in a passenger vehicle was involved in a crash.” An alarming 37 percent of children who died from car accidents in 2017 were unrestrained. Adding to the tragedy is the reality that with proper car seat, booster and seat belt use, we could reduce the number of injuries and deaths significantly.

 

Finding the “Right Seat”

The right car seat saves lives! NHTSA designed a helpful tool for parents and caregivers at NHTSA.gov/TheRightSeat. In a matter of moments, it generates customized car seat results based on the child’s age, height and weight. Let’s delve deeper into the types of car seats and safety recommendations.

 

Car Seat Types and Safety Recommendations

There are four main types of car seats, which are further divided below. The NHTSA urges parents and caregivers to learn the types, follow NHTSA recommendations based on your child’s age and size, and then use their Car Seat Finder.

  • Rear-Facing (infant, convertible, all-in-one)
  • Forward-Facing (convertible, combination, all-in-one)
  • Booster Seat (with a high back, backless, combination, all-in-one)
  • Seat Belt

Life-Saving Reminders:

  • Children under the age of one belong in a rear-facing seat
  • Rear-facing is safest; NHTSA cautions caregivers to “keep your child rear-facing as long as possible”
  • Children should be in booster seats longer than many perceive as necessary: “Keep your child in a booster seat until he or she is big enough to fit in a seat belt properly.”
  • In a proper seat belt fit, “the lap belt must lie snugly across the upper thighs, not the stomach.” Additionally, note the shoulder belt, which should “lie snug across the shoulder and chest and not cross the neck or face.”
  • Register your car seat with the manufacturer so you don’t miss information on recalls or safety or sign-up for car seat and booster seat recall alerts from the NHTSA

 

Car Seat Inspections
Visit the NHTSA website to search for car seat inspection stations in your area (most are available to help at no charge). For example, a quick search by zip code generated 25 results in one Charleston zip code (29412). We noted fire departments, EMS, city hall and hospitals on the list, to name a few. Be sure to search by your area to find the most convenient location for you.

 

National Seat Check Saturday
Mark your calendars for National Seat Check Saturday, coming up on Sept. 26, 2020. Note there is an option to narrow your NHTSA search to display Child Passenger Safety Week events in your car seat inspection station search.

 

We’re Here to Help

Contact our personal injury firm if your child has been the victim of 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. Call John Price Law Firm, LLC at (843) 632-5672.

Before You Ride: Motorcycle Safety Tips

Before You Ride: Motorcycle Safety Tips

Whether your motivation for riding a motorcycle is to save on vehicle and fuel expenses, for the camaraderie you share with other riders or simply a love of the sport, staying safe on the road is crucial. Before planning a summer ride, refer to today’s post for motorcycle safety tips. Being as prepared as possible will help you be more aware of the risks you face on the road while doing what you can to stay safe.

 

Find a Motorcycle Safety Course
No matter your skill level, we recommend taking a motorcycle safety course. The Motorcycle Safety Foundation offers a host of courses. Refer to their course library to narrow down which course is the best fit. They recommend their Basic Rider course for anyone who has made the decision to ride a motorcycle. The course includes motorcycle operating basics and mental strategies focused on safety. For those who haven’t been on a motorcycle in some time, their Returning Rider course fits the bill.

Wear the Right Helmet

The National Safety Council (NSC) refers to a helmet as “the most important equipment a biker can use.” When it comes to the prevention of fatal injuries, they report helmets are an estimated 37% effective. Wondering what type of helmet is ideal? The Motorcycle Legal Foundation reports that a full-face helmet is the safest option for riders. In an article on the safest helmets for 2020, Michael Padway writes, “The most important thing is that the helmet fits your head correctly and that the chin strap holds it on your head.” NSC recommends helmets with a DOT sticker, which means the helmet design “meets the safety standards required by law.” Stay away from second-hand helmets since you can’t be sure of their history.

 

Before You Ride

The National Highway Traffic Safety Association has pulled together a list of precautions riders should take before getting on their motorcycle; refer to their “Before Every Ride” specifics. Some basics include checking your “motorcycle’s tire pressure and tread depth, hand and foot brakes, headlights and signal indicators, and fluid levels.” There are additional pointers related to cargo and carrying an extra passenger. As for your motorcycle gear, NSC suggests “bright and/or reflective clothing that is durable and boots that cover the ankles.” They also recommend motorcyclists use their headlights at all times.

 

Avoid Unnecessary Risks
Speeding presents a host of dangers to both the motorcyclist and others on the road, as does drinking and driving (avoid at all costs). In the summer, be mindful of the high temperatures outdoors, taking breaks and staying hydrated. Intersections call for extra precautions, where NSC reports “half of all collisions occur.” Driving defensively means adopting the mindset that you are invisible to others on the road, positioning yourself accordingly for more visibility. The Insurance Institute for Highway Safety reports the death rates for “supersport bikes” are close to four times higher when compared to cruisers and standard bikes. A study published in their Journal of Safety Research found “certain motorcycle designs, particularly supersport motorcycles, are associated with increases in risky driving behaviors and higher driver death rates.”

We Are Here to Help
Contact our personal injury firm if you or a family member has been the victim of a motorcycle 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. Call John Price Law Firm, LLC at (843) 632-5672.

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    John Price Law Firm, LLC offers convenience and accessibility, with two offices and two satellite locations in the Charleston area and surrounding counties of South Carolina. Most importantly, we offer compassionate representation with proven experience in personal injury and workers' compensation claims.