South Carolina Injury Lawyer Blog

Over on the Howell and Christmas, LLC Child Injury Lawyer Blog your attorneys in Charleston posted an entry that gave some quick tips for parents to help prevent child injuries while there out Trick-or-Treating this Halloween. However, this past week in Charleston there has already been a serious accident surrounding the spooky holiday involving two adult men.

Early this past Sunday morning, around 3:00 a.m., at the elaborate extravaganza known as Skinful Halloween a 25-year-old James Island father suffered several broken bones and a serious brain injury that has left him in a coma after being hit by an alleged drunk driver, a 31-year-old man from Summerville, South Carolina. The suspected drunk driving accident happened as many of the partygoers were leaving the event on Folly Road. According to one witness, the 25-year-old man flew 12 feet into the air after being hit as he walked along Folly Road.

The 31-year-old driver has been charged with second-degree felony driving under the influence, and in his bond hearing on Monday bail was set at $25,000, the maximum allowed for said charge. According to reports, the suspected drunk driver stopped at a nearby fire station as soon as he realized he had hit a pedestrian, a note the man's attorney mentioned at Monday's hearing.

Despite the alleged misconduct of the 31-year-old driver, the father of the victim placed the blame on the Skinful Halloween event organizers, claiming the party to be a "sanctioned rave" set in "the darkest corner of Folly Road." On staff at the event were 12 uniformed police officers and more than 20 undercover officers in addition to the security hired by Skinful and a restaurant where part of the event took place. Also, the event employed four free shuttles for the thousands of partygoers and posted an explicit warning on its website for attendees not to walk along Folly Road, noting nonexistent sidewalks. Thus, the question raised by organizers is, "When he [25-year-old victim] made the decision to walk alongside the path, who does the responsibility fall to?"

Continue reading "Halloween Extravaganza Ends in Drunk Driving Accident and Tree Lined Medians Claim Another Life" »

While watching Sportscenter this morning before coming into the Mt. Pleasant office of Howell and Christmas, LLC, your Charleston car accident lawyers saw ESPN's College Football Analyst, Jesse Palmer, talk with the new head coach of the Florida Gators, Will Muschamp. One aspect of the conversation that caught our attention was that of the health and safety of the players during preseason training. It goes without saying that heat indexes over 100 degrees are not conducive to intense football practices. Furthermore, such extreme physical activity in the Southeast's extreme heat presents the risk of serious injury and death.

The Gators, and other teams in the nation's best college football conference, the Southeastern Conference, are taking serious measures to prevent heat-related injuries by holding practices in the early morning and evening to keep their players out of the hottest part of the day. Also, coaches and staff are posting notes around facilities to remind players to keep hydrated.

While the premier college football programs in the nation have nearly unlimited resources when it comes to medical staff, cooling fans, ice baths, Gatorade, etc., under funded high school and their programs have a much harder time when it comes to tackling the Summer's toughest player, the heat.

This isn't the first time the South Carolina Injury Lawyer Blog has contrasted the well-financed world of college and professional football to the often-undercapitalized programs found at the high school level. Back in October 2010, there were several entries that noted that many South Carolina high school programs lack the resources to maintain training and medical staff to deal with severe brain injuries and concussions, as well as heat-related injuries during preseason practices.

Continue reading "South Carolina High School Football Preview: The Hardest Hitting Player in the Preseason is the Heat" »

This week, in Monday's and Tuesday's publications, the Post and Courier outlined two fatal automobile accidents that occurred over the hot, dry weekend in South Carolina. Your Charleston wrongful death attorneys note in the reports the absence of a seat belt in one of the incidents, while in the other, proper precautions were taken, and in accordance with South Carolina Law, seat belts were worn. But, sadly, even when safety and the law were observed, there was still a death in a two-vehicle car accident in Berkeley County.

This accident occurred Saturday morning, between 10 and 11 a.m. on U.S. Highway 52. According to the South Carolina Highway Patrol, a 46-year-old Summerville man was in operation of a 1993 Mazda Protege and collided with a late model Toyota pickup truck, driven by a 64-year-old man from Goose Creek. Riding as a passenger in the Mazda was 52-year-old woman from North Charleston. Unfortunately, despite wearing her seat belt, she was pronounced dead on the scene of the accident of serious head and body trauma. There was no mention as to the injuries, if any, incurred by the drivers of the two cars involved in the wreck.

It was noted in the Post and Courier's article that all three individuals involved in the Saturday morning car accident were wearing their seat belts. As of Monday, no charges have been filed and authorities continue to investigate the fatal car crash.

Continue reading "Weekend Wrecks and Tragedies Prompt Discussion of Seat Belts" »

Recently your Charleston brain injury lawyers have been keeping up with the developments in the case of a baseball fan brutally beaten by opposing fans after Opening Day at Dodger Stadium. The incident occurred back in March when a San Francisco Giants fan was returning to his car after a game when he was attacked by two L.A. fans, causing serious injuries from which the San Fran fan is still recovering.

The 42-year-old victim remains in critical condition, but is stable and under heavy sedation, a measure taken by his physicians to prevent seizures caused by the traumatic brain injury he suffered Opening Day. But, there has been some good news for the family and the L.A.P.D., one of the suspects in the attack was arrested last weekend. The 31-year-old man has not yet had charges filed against him and police are still searching for another male attacker and a woman who is suspected of driving the two men away from the scene.

Now, the family of the Giants fan has sued the Dodgers Organization and their owner, claiming security cutbacks made by the organization were, in part, to blame for the vicious attack on their loved one. The lawsuit filed in L.A. Superior Court contends the Dodgers were negligent by not providing enough security and not having adequate lighting in the parking lot where the unprovoked beating occurred.

Continue reading "Family of Seriously Injured Fan Files Lawsuit Against Opposing Team" »

Last Monday our Charleston auto accident attorneys shared an extremely sad story about fanatical Dodgers followers who inflicted serious head injuries on a 42-year-old Giants fan. The suspects wanted for beating the man senseless had yet to be caught then, and they are still at large.

Today, the Los Angeles Police Department announced they will be putting up 300 billboards in the area in hopes of catching those responsible for the ambush, beating, and nearly fatal injuries suffered by the Giants fan in the first week of the Major League Baseball season.

In better news, the man was taken out of his medically induced coma last week, and has shown positive progress in his cognitive functions, including opening his eyes several times over the last week in response to verbal or physical stimulation. Also, he has shown some movement in his arms and legs, according to his physician.

While the victim's condition improves after the suffering serious brain injuries, police are hoping the 300 billboards in the Los Angeles area will help improve their chances of finding those responsible for the attack.

Continue reading "New Developments In San Fran Fan Who Suffered Brain Injury After Season Opener" »

Like many sports fans, the Charleston workers' compensation lawyers at Howell and Christmas, LLC have often recognized professional cycling as a sport tainted by controversy because of widespread drug use. But, with that being said, it is a sport where even the smallest mistake creates the potential for catastrophic consequences for the athlete; broken bones, head and spinal injuries, and as we saw this week, death.

While navigating a downhill mountain pass in the third stage of this year's Giro d'Italia (Tour of Italy), Belgian cyclist Wouter Wylandt lost control of his bike for a split second and slammed into a roadside wall, a crashed that ultimate killed the rider. It was an extremely unfortunate incident for the cycling world, as it was the first fatality at the Italian race in 25 years and the first at one of the sport's showcase tours in 16 years.

At the time fatal bicycle accident Wylandt was traveling at speeds upward of 50 mph. In an Associated Press article on the ESPN website a Giro doctor noted Wylandt suffered a serious head injury from a fracture in the skull base, and while the paramedic team performed cardiac massage, after 40 minutes, they had to suspend resuscitation because there was nothing more they could do.

Continue reading "South Carolina Cycling Accident Attorneys Take Note of Giro d'Italia Tragedy" »

In a good number of posts, our South Carolina personal injury lawyers have discussing relevant sports issues, but this sports related entry is quite a bit different than those in the past. Most of the past sports posts are concerned with serious injuries that can be sustained while in the act of playing sport, while this is about a San Francisco Giants fan who was severely beaten outside the Los Angeles Dodger Stadium in March.

The 42-year-old fan suffered serious head injuries in an unprovoked beating after the season opener for the Giants and Dodgers, according to authorities. Allegedly, two men approached the Giants fan in the parking lot after the game and began punching and kicking him while they yelled profanities about the Giants.

According to police, the assaulters fled the scene of the brutal beating and have yet to be apprehended. Composite sketches of the suspects have been released and officials are offering a $100,000 reward for information leading to their arrests and convictions.

This type of melee is not often found in the United States, sure there are rivalries and bitterness among fans, but savage poundings are more in line with the fanatical hooligans found abroad, not the supporters of America's Pastime.

Continue reading "San Fran Baseball Fan Brutally Beaten In L.A. Is Still In A Coma And Suspects Yet To Be Apprehended" »

While browsing the local news yesterday evening our Charleston wrongful death attorneys came across a story coming out of Myrtle Beach, a mere 2 hours north of the Mount Pleasant office of Howell and Christmas, LLC. This past Wednesday, just before 11:00 a.m., a 34-year-old woman from North Carolina fell to her death from a balcony at the Sea Watch Resort.

According to the spokeswoman for Horry County Fire and Rescue, units were dispatched to the resort, located at 161 Sea Watch Drive, in response to a woman falling from a 7th floor balcony. While the initial report from Fire and Rescue says the woman fell from the 7th floor, the Horry County Coroner's Office said she fell from the 17th floor. To add further uncertainty to this aspect of the fatal accident, investigators from the Horry County Police Department have concluded the woman fell from the 14th floor of the Sea Watch Resort.

As of yesterday morning it was uncertain if the woman was staying as a guest at the resort, or if she was just visiting. But it was know that she was at the resort with other people, one of which may have been the single witness taken to the Horry County Police Department for questioning.

Continue reading "Uncertainty Shrowds A Woman's Fall From Balcony Two Hours North of Charleston" »

South Carolina brain and head injury lawyers have discussed the negative impact sports can have on an athlete’s body, but have concentrated exclusively on the head injuries that athletes sustain from Big Hits in football. But, recently an article in the New York Times highlighted the issue of brain and head injuries from the perspective of a former National Hockey League (NHL) star, Marty McSorely. Considering that the NHL is in thick of the Stanley Cup Playoffs, the lawyers at Howell and Christmas, LLC felt it topical to address the issues discussed by McSorley, primarily the fact that it isn’t the fighting in the league that’s to blame for head injuries, but simply the nature of the game itself.

For informational purposes, here’s a quick bio on Marty, he spent 17-years in the NHL, earning his claim to fame with his physical presence on the ice as “Wayne Gretzky’s Bodyguard” from the mid 80s to early 90s. His style of fearless physical play and his role as an “enforcer” did not come without consequence, he suffered numerous concussions in his career, and now, at 47-years old, he suffers from memory loss and other symptoms often associated with brain injury.

But, the purpose of The Times article was to set the record straight as to the cause of his cerebral injuries. He states, “I want to make this perfectly clear: Did I have a concussion fighting? Probably one or two, yes, but I had more from playing. You can’t point at fighting and say that’s the cause of concussions in hockey.” This came a day after it was announced that researchers had found signs of chronic traumatic encephalopagy, a degenerative disease caused by repeated brain trauma, in the brain of another longtime NHL enforcer, Bob Probert. Let us not forget that these are on the job injuries, for their livelihood guys like McSorley and Probert put their health on the line each time they step on the ice.

Continue reading "In Lieu of Stanley Cup Playoffs, Charleston Work Accident Attorneys Talk Big Hits and Concussions in NHL" »

In a periodical distributed by the Brain Injury Association of America, the attorneys at Howell and Christmas, LLC found an interesting article pertaining to the connection between brain injuries and substance abuse. Considering the prevalence of brain injuries in America, and the unfortunate reality of widespread substance abuse, the Charleston personal injury lawyers found it important to blog on this topic and, hopefully, provide some useful information to South Carolinians who have sustained a severe brain injury and suffer from substance abuse.

According to the Office on Disability, one out of two people living with a brain injury is also affected by some form of substance abuse. This ratio is in stark contrast to the substance abuse rate among the general population, which is one in ten. The factors that contribute to this disparity in risk include medicine and health problems, an inability to identify potential problems, and a lack of appropriate prevention and treatment services.

Individuals recovering from serious brain injuries face many obstacles including feelings of depression, isolation, and boredom, all of which are fairly common after sustaining a brain injury. Unfortunately, some survivors of brain injuries turn to alcohol and drugs as a means to cope with these feelings, but even casual use of these substances can have extremely negative consequences for those in recovery, as well as those living with brain injuries. Turning to drugs and alcohol is never an effective way to cope with any of life's troubles, as it only increases the risk of incidents like drunk driving accidents, overdoses, or any other kind of unintended serious accident.

Continue reading "Mt. Pleasant Personal Injury Lawyers Examine the Connection Between Brain Injury and Substance Abuse " »

This particular incident hits, quite literally, close to home for the staff of Howell and Christmas, LLC. A 24-year-old student from Rollins College in Central Florida died a couple weekends back after an accidental fall from a second-floor balcony on Coming Street in Downtown Charleston. The said residence is less than a full block from the home of a student interning at the South Carolina wrongful death attorneys' Mt. Pleasant office.

The 24-year-old student was originally from Massachusetts, but had come to Charleston the weekend of February 25th to visit friends at the College. In the late, late hours of Saturday night, officers in the area of Radcliffeburrough responded to a noise complaint apartment B of the Coming Street residence. About 45 minutes later, at 4:15 a.m., the officers heard a loud noise while talking to one of the residents about the written noise citation, according to the police report.

Continue reading "Late Night, Downtown Balcony Fall Results in Visiting Student’s Death" »

This past Thursday a North Charleston man died as a result of traumatic brain injuries sustained from a motorcycle wreck he was in last Monday. This was the second man to die of motorcycle accident related in the same number of days. The 68-year-old was riding his motorcycle on Dorchester Road when he collided with a vehicle that pulled out in front of him from Parlor Drive Monday morning around 10 a.m.

The police incident report did not specify whether or not the motorcyclist was wearing a helmet at the time of deadly auto accident, but it did mention the man was ejected from his motorcycle and landed in the roadway.

The driver of the car involved in the accident was a 22-year-old Ladson man. He was charged with failure to yield the right of way, according to police.

Continue reading "Two Charleston Area Motorcyclists Killed After Auto Collisions " »

Living in Charleston, South Carolina personal injury attorneys are no strangers to bicycle accidents and would like to take a moment to share the following incident and subsequent case to remind drivers and cyclists alike to give due attention to each other when traveling along area roadways.

Back in June, a 48-year-old cyclist was hit by a drunk driver traveling 69 miles per hour when a horrific collision occurred, shattering the cyclist's leg, sending his head snapping back onto the A-bar of the driver's Chevy Tahoe, and ultimately rocketing the cyclist 100 feet through the air, slamming into a roadside fence with serious brain injuries. The driver had a blood alcohol level of .19, nearly three times the legal limit.

Last month, the 34-year-old drunk driver, who had two previous DUIs on his record, was sentenced by Montgomery County, Maryland Circuit Court Judge to 8 years in jail and 5 years of unsupervised probation. According to WTOP, the sentence came after hours of testimony from the friends and family members of both men. After his second DUI offense in 2004 the driver was ordered to complete a 26 week program, it can easily be said the program did nothing to help change his dangerous behavior.

Continue reading "One Man's Life Is Taken, Another's In Ruins After Drunk Driver Hits Cyclist" »

Courtesy of the Brain Injury Association of South Carolina, Charleston injury lawyers received a newsletter featuring some startling information not typically covered by media outlets. Currently, there are over 61,000 South Carolinians living with disabilities from traumatic brain injury, or caused by an external physical force, and in the United States a traumatic brain injury occurs at an alarming rate of one every 23 seconds. Combining victims of breast cancer, multiple sclerosis, and HIV/AIDS, there are still more individuals suffering from brain injuries. This is in no way to discount the prevalence and severity of other afflictions, it is meant to cast a light on a serious condition that is often overlooked.

The cause of brain injuries is varied, the most common include serious car accidents, bicycle accidents, falls, domestic violence, and/or as a result of combat for veterans. In South Carolina, brain injuries are the number one cause of death in individuals ages 1 to 44. Yearly, over 2,500 individuals are discharged from South Carolina hospitals with brain injury and tens of thousands are seen in emergency rooms statewide to be treated for milder brain injuries.

But, while broken bones and open wounds are obvious for doctors and medical staff to treat, brain injuries are not always easy detect in accident trauma victims. Even when a diagnostic test like an MRI or CT scan is conducted, they often will not show minor shearing or tearing in the brain. In many cases a neuropsychological examination must be given to properly diagnose a brain injury.

Continue reading "Information On South Carolina's Number One Cause of Death" »

In lieu of recent tragic events in Arizona, large arms manufacturer Remington coming "Underfire," and the reevaluation of gun laws in the United States, Charleston personal injury attorneys have decided to take a look at the "gun issue."

In regards to the Arizona shootings that caused serious brain injuries to democratic congresswoman Gabrielle Giffords after her being shot in the head, there is much debate as to whether tighter gun control will prevent similar incidents to the Tucson shooting that took six lives of the 19 shot by crazed, indicted gunman Jared Loughner. Now, two weeks after the shooting, Gifford is able to stand, but her rehabilitation is just starting. She will have to relearn to think and to plan, and it is uncertain at this point if she able to speak or how well she can see.

The shooting has left legislators ill at ease, some are concerned for their own safety and some are calling into question the relatively easy process of obtaining powerful assault rifles in the U.S. But, there are those on Capitol Hill who maintain their position that individuals are entitled to bear arms, as the second amendment puts it, and would describe mass shootings like the one in Tucson as an "isolated incident."

Continue reading "Howell and Christmas, LLC On Guns: Part 1 of 2" »

Injury attorneys of Charleston took notice of the Post and Courier's report of a South Carolina educator that died in a single vehicle accident after the 29-year-old middle school teacher’s car ran off the road and overturned, according to authorities. The Rosemary Middle School teacher in Andrews was not wearing a seat belt at the time of the crash and was ejected from the vehicle. The Berkley County Coroner reported that the accident caused fatal body and brain injuries.

The Huger woman was returning home from a trip to Charleston in her Chevy Cobalt, traveling eastbound. According to S.C. Highway Patrol, when the teacher’s car crossed the centerline, an overcorrection to right the vehicle caused it to flip into a ditch. In the minds of South Carolina car accident lawyers, the most ill-fated feature of the mid-evening crash is that it took place only a half-mile from the teacher’s home.

Continue reading "Rosemary Middle School Teacher Killed in Single Car Crash" »

This week the National Football League has laid down sanctions, in the form of fines and suspension, against overly aggressive, ruthless, and dangerous tackling methods in an effort to reduce the amount of concussions and other severe brain injuries. This is great for the professionals, but Charleston accident lawyers know that these brain injuries are not limited to professional football; they can and do occur at the college and high school levels as well.

The National Center for Catastrophic Injury Research reports that between 1945-1999 there have been 491 fatalities were related to severe head injuries sustained during football. What is even more shocking to attorneys in Charleston is that in the last two high school football seasons there have been 8, concussion related fatalities across the Nation. While deaths, paralyzes, and other life altering brain injuries catch most of the media attention, but the larger issue is student athletes suffer post-concussion syndrome long after they’ve stepped off the playing field.

Continue reading "South Carolina Brain Injury Attorneys Look into Football Injuries " »

Charleston Brain Injury attorneys want you to know that brain damage and football. The seventeen days following the Big Bone Game, a traditional Thanksgiving Day at San Jose City College versus two local high schools, are blank in Matt Blea’s memory but with the worst seventeen days of his parent’s lives. Blea was sixteen year old and playing football for his high school football team. He remembers the opening plays but the minute his helmet hit the Astroturf surface, he does not remember a thing.

Blea was in a drug-induced coma for a week to prevent traumatic brain swelling and then two months after the crushing hit. Dave Blea, Matt’s father, had an agreement with his wife that “if he was ever diagnosed with a concussion in his youth football days, he was going to be out for the year.” Blea is physically fine now, but is suffering a broken heart because his love and passion, football, is now prohibited. Matt Blea will never play football again.

The National Football League recently has been paying more attention to concussed players. The league is now implementing new restrictions affecting the amount of time a concussed player is required to wait until allowed to play again. After the National High School Sports-Related Injury Surveillance Study released a figure that startled parents and players. They reported that in 2008 there were an estimated 68,000 concussions in the high school football season. Professor Dawn Comstock of Ohio State helped organize the study and stated that “ up to 60 percent of sports concussions go unreported,” so this number is most likely higher.

Continue reading "South Carolina Football Players Warned of Damages of Brain Injury" »

South Carolina Brain injury lawyers recently learned that Adrien Gault had played football all of his life, but after suffering numerous concussions and somehow still being awarded clearance to play by the district, Gault slipped into a coma and suffered a subdural hematoma. Gault filed suit against Sequim Chiropractic Clinic owner and operator Dr. Robert D. Bean and his wife, as well as the Sequim School District. Gault filed his suit for damages from his brain injury in 2006 with the Clallam County Superior Court on January 13, 2010.

After suffering numerous concussions one may wonder how Adrien Gault was still allowed to play football and why he was not taken out of the game after a pre-game concussion on October 20, 2006. The district and district doctors never told him he was unfit to play.

Gault was violently hit in a warm up drill before the October 20, 2006, game versus North Mason High School. He played a full quarter of the game and part of the second quarter before complaining of headaches and being taken out of the game. What happened next alarmed coaches, teammates, and fans.

Gault collapsed on the sidelines and was carried off the field. Just hours later, he suffered a subdural hematoma, which is when the brain swells and bleeds as a result to a traumatic brain injury. Gault was then airlifted to a neighboring hospital where they had to remove part of his skull to reduce pressure on the brain. After this horrifying incident the plaintiff does not have full control of his left arm, has constant headaches, and cannot remember things at times.

The plaintiff alleges that the proper medical attention was not sought out after he complained of headaches following the hit he endured in warm-ups. Usually medical attention is required if a player complains of headaches, due to the common nature of concussions in football. Concussions, especially players who have suffered concussions before, are not to be taken lightly.

Source: Peninsula Daily News- “Former Sequim Football Player Sues District, Chiropractor over Brain Injury.” January 22, 2010.

Have a brain injury in South Carolina? South Carolina brain injury lawyers know the details of our state's personal injury laws. Howell and Christmas brain accident attorneys know that traumatic brain injuries can occur from a variety of different things and can range in seriousness from the mild, which are commonly known as concussions, to the severe. Brain injuries can disrupt the way the brain normally functions and should be taken very seriously and handled with precaution. Sometimes the symptoms of a brain injury show up almost immediately, but in other cases, symptoms may take up to three or four days to appear or worsen with time. This might signify a more serious injury that requires immediate medical attention.

According to Dr. Beth Slomine of the Brain Injury Rehabilitation Program at the Kennedy Krieger Institute, there are many simple precautions that one can take to dramatically reduce their chances of having a brain injury. One should always use seatbelts, airbags, and child restraints while driving in the car, and should also avoid the use of cell phones or other distractions while driving. It is important to wear helmets and other protective gear while participating in sports and physical activities.

If an injury to the head does occur, Dr. Slomine says it is extremely important to seek medical attention if you lose consciousness, are confused, or have physical symptoms, such as headache, nausea, vomiting, dizziness, lethargy, weakness, numbness, or visual difficulties.

Continue reading "Signs and Symptoms of Brain Injury" »