Category Archives: Personal Injury
Breaking Down a Sexual Assault Responsibility Claim in South Carolina
Except for the recreational use of unimproved land, property owners in South Carolina have a duty of care to protect the people who use their land. This responsibility includes an obligation to provide adequate security. If stagehands don’t do their jobs properly, actors cannot act and the show cannot go on. Likewise, if property… Read More »
Wrongful Death Claims: What You Should Know
Negligence or a defective product causes most of the unintentional deaths in the United States. These incidents claim about a quarter million lives per year. Negligence, which is basically a lack of care, causes most of these incidents. Car crashes, falls, and assaults are the most common examples. Defective products, such as drugs with… Read More »
Crime Victim Compensation in South Carolina
If a criminal offender is convicted and if the offender receives probation, the defendant must normally pay limited restitution through the SCDPPPS. Both these outcomes are very uncertain. Prosecutors must establish guilt beyond any reasonable doubt. A he said-she said assault, sexual assault, or other such case probably won’t hold up in court. Furthermore,… Read More »
New Hope for PTSD Victims?
Australia recently became the first country in the world to approve psychedelic drugs as a treatment for Post Traumatic Stress Disorder. The decision will allow psilocybin, found in magic mushrooms, for treatment-resistant depression. It will also allow MDMA, known as ecstasy, in tablet form. Since these treatments are illegal in the rest of the… Read More »
Breaking Down a Nursing Home Abuse Claim
Nursing home abuse, unlike nursing home neglect, is an intentional tort. The intent refers to the conduct, not the result. If Jacob plays his guitar loudly in the middle of the night, he might not intend to disturb his neighbor Alice, but that’s the result of his conduct. Likewise, if Jacob forcibly pulls Alice… Read More »
Compensation for Sexual Assault Victims
On average, the economic costs of a sexual assault, such as medical bills and lost wages, exceed $120,000. The emotional distress these victims must endure is infinitely higher. Criminal courts punish sexual assault defendants. But in most cases, criminal courts don’t compensate victims for these losses. They must pay these bills themselves, even though… Read More »
Fatigue and Truck Accidents
Overwork, in one form or another, often causes truck accidents. Fatigued truck drivers cause almost 20 percent of the large truck crashes in South Carolina. Fatigued driver impairment ranges from clouded judgment and slow motor skills to literally falling asleep at the wheel. Both ends of the spectrum are dangerous. Large trucks are so… Read More »
Legal Issues in Non-Crosswalk Pedestrian Accidents
Non-crosswalk pedestrian accidents are much more common than crosswalk pedestrian accidents. Non-crosswalk accidents are usually much more serious as well, usually because of the tortfeasor’s (negligent driver’s) speed. At impact speeds below 25mph, the pedestrian death rate is only 10 percent. At impact speeds above 50mph, the death rate catapults to over 90 percent…. Read More »
Five Kinds of Nursing Home Negligence
Understaffing, a problem that affects over 90 percent of the nursing homes and long term care facilities in South Carolina, usually causes unintentional injuries in these facilities. Understaffed facilities are, well, understaffed. For example, no one is on watch duty in common areas. Furthermore, the remaining employees are stressed. Most of us know what… Read More »
Why Are Motorcycle Deaths So High?
Motorcycle rider fatalities aren’t just a little higher than vehicle occupant fatalities in accident claims. Motorcycle rider fatalities are thirty times higher. Aside from a crash helmet, motorcycle riders are completely unprotected in these situations. Common injuries include broken bones, internal wounds, and even head injuries. When riders fall off their bikes, their brains… Read More »
