South Carolina Injury Lawyer Blog

A Charleston driver and his passenger were killed Sunday when a driver, who ran from police, crashed his vehicle into another car in downtown Charleston causing a two death accident. The deadly accident happened after a City of Charleston police officer made a routine traffic stop for speeding in the downtown area according to a Police Department Public Information Official. Over twenty Charleston police officers, medical workers, rescue workers and firefighters, offered assistance at the scene.

While the vehicle was stopped, the driver chose to drive his car away and run from police. The run away driver only made it a short distance before crashing into the victims' Cadillac near a downtown park area. Both the driver and the passenger in the Cadillac car that was hit in the collision died on the scene according to the South Carolina Highway Patrol. The Charleston hit and run is being investigated by the Highway Patrol's Multidisciplinary Accident Investigation Team.

There were three occupants of the car that that caused the wreck. After the serious impact, they jumped out of their vehicle and ran from the scene. At least one of the suspects was picked up by a sports utility vehicle that stopped at the accident scene according to authorities.

The three suspects that fled from the police were all black males. Descriptions of two of the men, one of which was the driver, was given by Charleston police. The driver was wearing a dark green shirt and shorts. One of the passengers was wearing a tank top and blue jeans. There was no description of the third passenger.

Driver fleeing police kills 2, Postandcourier.com, June 29, 2009

Nursing homes in South Carolina and elsewhere are increasing their use of mandatory arbitration in nursing home contracts to protect them in negligence and abuse cases. These clauses force the injured and their families to take their case to an arbitrator even when a loved one is seriously injured or dies. Nursing home corporations that slip arbitration clauses into the fine print of admission agreements frequently fail to explain the clauses and force their elderly residents to sign in order to be admitted into the facility. The decision to place a family member in a nursing facility is a difficult and sometimes urgent choice. These agreements prey on families when they are most vulnerable and in most need of help.

When a Texas woman had to enroll her elderly grandmother into a nursing home she did not know that she was signing an arbitration agreement at that time. When she later filed a negligence claim against the home for her grandmother's broken leg, she then learned about the arbitration clause. The nursing home did not explain arbitration to her at any time prior to her filing her case in court. After the claim was filed on behalf of the elderly nursing home resident, the home then attempted to enforce its arbitration clause. The plaintiff then settled her case knowing the nursing home intended to enforce the arbitration clause and take the case to the Texas Supreme Court if necessary.

The Fairness in Nursing Home Arbitration Act, introduced by U.S. Senators Mel Martinez (R-FL) and Herb Kohl (D-WI) in April of this year, would protect families from mandatory arbitration by ensuring that arbitration is voluntary and agreements to arbitrate occur only after a dispute has occurred.

"Negligent nursing home corporations should not be able to hide behind arbitration clauses to avoid being held accountable for wrongdoing," said American Association for Justice member Ken Connor. "Corporations who use and enforce these agreements are putting their profit margins above the health and safety of America's seniors."

Source: American Association for Justice

Auto Collision law firms and attorneys know what to do if you have been in a car, van, truck or sports utility vehicle (SUV) or bus accident. Do you? When you are injured in a car accident and not at fault, you are likely entitled to money damages for your injuries and losses including lost wages, pain and suffering, loss of enjoyment of life and reimbursement for serious property damage to your vehicle. Before you think about recovering these losses in court, follow this check list below.

First: Before you call an attorney or your insurance company, be prepared to do the things on this list. Second, call the Charleston, Berkeley, Dorchester (or your local area Police) or the South Carolina Highway Patrol no matter how minor or serious the accident. An official report repared by the police officer citing if there are injuries and who is at fault will assist you later when you file your insurance claim against the at fault driver or your insurance. Third, at the accident scene, turn off your car, truck, van, bus or sports utility vehicle for your safety and the safety of others. Fourth, call an ambulance if someone has been hurt or injured and take all possible precautions to prevent further accidents and ensure the safety of those involved. Fourth, get the names of all witnesses to the wreck. Be sure to get addresses, phone numbers and a brief statement from each witness. Fifth, take notes on how the collision occurred and draw a diagram accident scene. Six, remain at the scene to complete the tasks above unless you are hurt. Nine, file reports. The police will provide each driver in the accident with a Form (FR-10) where each driver is required to prove they have insurance. You must file the FR-10 and report the accident within 15 days to the South Carolina Department of Transportation (The attorneys at the law firm of Howell and Christmas, LLC provide this service as a courtesy to our clients). Ten, contact your lawyer. There are many pitfalls that can arise when you have been in a motor vehicle accident. Seek legal advice immediately to learn and protect your rights. Eleven, notify your insurance company. Your law firm or attorney can do this for you. Failure to report the accident in a timely fashion can affect your legal rights. Failure to act fast can affect your making the proper recovery of all damages in your case.

Continue reading " Been In a Car, Van, Truck, Sports Utility Vehicle (SUV) or Bus Accident or Collision? Here Is What You Do: " »

Live in South Carolina and have been injured on the job or at work? As our injury and accident attorneys in Charleston know, the South Carolina Workers' Compensation Act of 2007 has many new changes that effect the working men and women of South Carolina. Not all of the changes are bad for workers but it is important that those filing a claim for an on the job accident be familiar with the new law. Many employees rights, including how they get their medical care and treatment and how and when they are entitled to weekly disability benefits and other compensation when hurt in an accident while at work has recently been reworked by the the South Carolina legislature. Some examples follow:

First the good news: Claimant's with prior accidents and medical conditions can still combine their pre-existing impairments with their new injuries to prove greater disability. Also, injuries to the shoulder and the hip are two new body parts now statutorily recognized by the South Carolina Workers' Compensation Act. The shoulder total value is worth 300 weeks of benefits and the hip total value is now worth 280 weeks of benefits.

Now the bad news: In complex medical and occupational disease cases, the injured worker must now prove by medical evdience that their injury occurred in the course of their employment. Also, many truck drivers are now exluded from work injury medical treatment and compensation as many will now be considered independent contractors. Workers with back and neck injuries now face a tougher standard when seeking to be found totally disabled as a result of loss of use of their spine. These changes and many more make it more difficult for the injured and their families to make a recovery under the workers' compensation act in South Carolina.

Continue reading " New Workers Compensation Law in South Carolina For Workers Injured on the Job Began July 2007 " »

As our Charleston accident lawyers at Howell and Christmas, LLC know, the injuries and damages from a serious car crash can be deadly. Just a few hours ago in South Carolina, a car crash caused a fatal injury and death to a 10 year old and also injured a driver who was taken to an area hospital, when a 1996 Ford Explorer crashed causing serious injuries and at least one fatality. The force of impact from the sport utility truck colliding with another car was so strong that it caused the death of a 10 year old and caused the driver of a 1996 Ford Explorer to be trapped in her car as a result of the accident.

The South Carolina Highway Patrol is investigating the fatal accident and injuries caused by the crash and are trying to determine the cause of the deadly crash. The sport utility vehichle involved in the wreck was carrying the injured driver and two other passengers. There is no information currently as to whether the two passengers also sustained injuries in the collision or it they were taken to the hospital.

The South Carolina Highway Partol is not releasing many details or information about the fatal crash. The accident took place in Kershaw County at approximately 5 pm on Wednesday Highway Department officals said.

Few details released in accident that killed 10-year-old, WIS Television website, June 25, 2009.

Howell and Christmas, LLC attorney analysis and comments: We have very strong wrongful death and survival action statutes in South Carolina that can be used to help protect the surviving members of someone killed by the negligence or willful conduct of another. It is very important to note that if you or a loved one believe that a family member is the victim of a negligent or intentional death, there is a statute of limitations that begins to run from the date of the accident. If you and/or the estate of your family member do not file an action against the wrongdoer within the time period allowed by the statute of limitations, you are forever barred from bringing a claim against those you feel are responsible for your family member's death or injuries.