March 10, 2014

In the Blink of an Eye, an Auto Accident can Forever Alter Life

The Immediate Devastation of an Auto Accident

Auto accidents happen in a matter of seconds. No matter how safe, aware or responsible you are or how much experience you have behind the wheel, things can go horribly wrong at any moment. It only takes a few seconds for an auto accident to devastate the entire lives of victims caught within it, as well as greatly affect the lives of their family and friends – only they have not been made aware of this yet.

When a severe auto accident occurs, whether it involves two or more vehicles, or a single-car accident, the tremendously powerful force exploding throughout a 3,500lb + vehicle coming to an instantaneous stop is incredibly violent. The greater the speed in which an automobile is traveling, the energy and force dissipated throughout the vehicle increases as well.

Two of the more violent – far too often catastrophic – of all auto accidents takes place when the victim’s car strikes a stationary object that allows little or none of the energy to be absorbed which results in the victim’s car absorbing it all.

One of the most severe of all auto accidents involves two vehicles traveling in opposite directions colliding head-on. Here, the energy and force that brings two 3,500lb + objects to an immediate stop is compounded and explodes like a bomb throughout both cars. Unfortunately, head-on traffic collisions typically result in the victims involved suffering catastrophic and often fatal injuries.

Why Auto Accidents Far Too Often Have to Happen

An auto accident creates immediate, uncontrollable chaos and devastating turmoil for the victims and their families when it first occurs and it can often take a few days for the initial shock of “what just happened” to absorb and the questions of “why it happened?” to begin.

Although the police will have taken statements from witnesses, those involved and investigated the auto accident to determine what caused the accident to happen, rarely does any of this uncover why it happened. Simply knowing that “Vehicle A crossed over into the path of “Vehicle B” will not bring understanding nor closure to the victims and their families.

It takes the auto accident investigation skill of an experienced injury attorney to often uncover the “why?” of an auto accident. In Greenville, South Carolina, there is an experienced auto accident lawyer at the Dan Pruitt Injury Law Firm. Beginning in 1993 and for the over 21 years since, Dan Pruitt has been aggressively investigating the cause of auto accidents all across the Greenville, South Carolina area.

The Dan Pruitt Injury Law Firm understands that in order to not only bring closure to victims and their families but to bring them justice and hold those responsible accountable, the key is to uncover why the auto accident happen. While so very much damage, destruction, and chaos takes place within only a few seconds of an auto accident, Dan Pruitt knows, none of the auto accident’s fury would have ever erupted had it not been for some mistake, some decision, indecision, or one negligent action-taking place within the moments before the accident.

It is possible after interviewing witnesses, collecting cellphone data from moments before the collision and using other investigating tactics, the Dan Pruitt Injury Law Firm might discover the accident was the result of distracted driving, such as the driver texting, talking to passengers or playing with the radio and was not focused on the road.

If you or a loved one has suffered serious injury as the result of being involved in an auto accident in Greenville, South Carolina, call or come by the Dan Pruitt Injury Law Firm and let Dan Pruitt begin an aggressive investigation into the moments just before an auto accident changed your lives forever.

March 7, 2014

Underage Drivers Liability in Auto Accidents in South Carolina

Are Underage Drivers More Liable for Accidents in South Carolina?

Accident Attorney Dan Pruitt explains…

Every day, more and more teenagers are getting their permits and driver’s licenses. South Carolina law requires that these motorists maintain automobile insurance while they learn to drive. The most common situation is that a parent or guardian will add the underage motorist to their existing insurance plan. Even if the underage motorist maintains their own insurance policy, liability on their accident can even extend to the parent or legal guardian who signed the motorist’s permit or license documentation.

Family Purpose Doctrine Explained

In South Carolina, you can recover from an underage motorist’s negligence in an auto accident. The method, known as the “family purposes doctrine,” exists to help recover damages for those involved in collisions with at-fault underage motorists. It states that if a family owns a car that is used for general family purposes, then the head of the family is liable for negligence of that car’s driver if the driver was given authority to use the car.

This doctrine requires that certain things be established before it can be applied. Factors to prove include the parent’s indication that the car was for family use, that the underage motorist was using the car with the authority of the family head, and that the car was being used for a family purpose where the underage motorist acted as an agent at the discretion of the family head.

Example of An Underage Driver Case

For example, say the driver of a mini-van was an underage motorist who was picking up his or her sibling from after-school sports practice at the request of the motorist’s parent. You are driving down the road one afternoon and the mini-van fails to yield right of way and collides with your car. Since the mini-van is for the family’s general usage and the driver was completing one of the family purposes while driving, their negligence is imputed to the family head and thus you could recover from the family head’s personal injury liability insurance. To learn more how this may apply in your case, call Greenville Auto Accident Lawyer Dan Pruitt for a free consultation.

All auto accidents vary in terms of allowable recovery for damages. It is our mission to get the most recovery possible for your damages. If you or someone you know has been involved in an accident and the at-fault driver was underage, please contact us at 864-232-4273 or click the chat button for a free consultation of your case. We will not accept any payment on your case until you reach a favorable settlement or judgment.

February 27, 2014

Steps to Prevent Development of Pressure Sores in Nursing Homes

Development of a pressure ulcer or bedsore by a nursing home patient can be a serious danger for the patient’s well-being and quality of life. Most pressure ulcers or bedsores are preventable if the nursing home nurses and nurse assistants have proper training and supervision. Failure on the part of the nursing home to prevent injury to nursing home residents or patients is neglect or abuse.

Several preventative measures are particularly important in preventing the development of pressure ulcers or bedsores.

First, the certified nursing assistants and nurses must consistently inspect and monitor the resident’s skin daily. The staff must record skin moisture or dryness as well as skin lubrication in the patient’s chart.

Second, the nursing home must use pressure relieving and supporting surfaces for the beds or chairs used by the nursing home patients.

Third, heel protection is important in reducing the incidence of pressure ulcers or bedsores. This can be accomplished with pillows or heel elevators.

Fourth, a facility should provide pressure relieving interventions to all residents, not just those at highest risk for the development of skin breakdown. By providing assistance to all nursing home residents, the nursing home can improve training and implementation of pressure-relieving methods easier as well as increasing the consistency of the staff in providing such pressure relief.

By consistently providing pressure-relieving interventions to all nursing home residents, a nursing home can prevent the devolvement of pressure ulcers or bedsores. The failure to put in place pressure relieving methods for nursing home residents and by failing to follow-through consistently most likely indicates neglect or abuse of a nursing home resident by a nursing home.

If you have questions regarding nursing home related injuries or neglect, call my office in Greenville at 864-232-4273

February 24, 2014

South Carolina Workers’ Compensation Statute of Limitations

Is there a Statute of Limitations on Workers’ Comp claims in South Carolina?

There are a few important things to note with respect to a workers’ compensation claim. A workers’ compensation claim typically arises from injuries sustained by you in the course of your employment with your employer.

The first thing, and arguably the most important thing, to remember is that it is your responsibility, as the employee, to notify your employer immediately, or within a practicable time, after suffering an injury. Failure to do so can result in a denial of your claim and a loss of your entitled benefits.

Second, South Carolina established the Workers’ Compensation Commission to assist employees in obtaining salary and expenses while they are recovering from their injury. This is in addition to any additional claims process is ongoing because employees bear the immediate financial burden of recovery.

Third, while the Commission exists to help your recovery, it is not a complete right to damages. The Commission has set out a series of filings that must be completed, and promptly, in order to begin the claims process.

How soon must a SC Workers Compensation Claim be filed?

South Carolina is one state that follows the legal doctrine of “Statute of Limitations.” South Carolina Code of Laws § 42-15-20(B) states that the employee must report any injury to their employer within ninety (90) days. S.C. Code of Laws § 42-15-40 further gives the injured employee two (2) years to file their workers’ compensation claim with the State Workers’ Compensation Commission. Again – it cannot be stressed enough – you must immediately, or within a practicable time, notify your employer as soon as the injury occurs or you could lose the opportunity to receive your entitled workers’ compensation benefits.

If you or someone you love has suffered an injury at work, contact the Dan Pruitt Injury Law Firm to set up a free Workers’ Compensation consultation, you may call us at 864-232-4273 of click the “chat” button on this page. We work on a contingency basis, meaning that we will not accept any compensation until you have received yours.

February 22, 2014

Preventing Pressure Ulcers or Bedsores in Nursing Home Residents

Nursing home neglect can cause a pressure ulcer or bedsore which is the breakdown of skin caused by exposure to unrelieved pressure. Pressure ulcers or bedsores can become large open wounds that extend down to the level of the bone. Development of a pressure ulcer or bedsore can cause serious health problems for a nursing home patient including physical pain, infection, long-lasting open wounds, lengthy hospital stays and medical treatment, psychological harm and suffering, as well as an increased risk for wrongful death.

In addition to the human pain, suffering, and distress, the economic cost of treating pressure ulcers or bedsores exceeds one billion dollars per year. In short, preventing pressure ulcers or bedsores should be a high priority in order to uphold a nursing home resident’s dignity and quality of life.

The occurrence of pressure ulcers or bedsores has actually increased significantly in the past twenty years. Development of pressure ulcers or bedsores can result from nursing home neglect through lack of understanding on the part of nurses and nurse assistants, lack of training, and lack of supervision.

Guidelines For Pressure Ulcer & Bedsore Prevention

Nursing homes can prevent the development of pressure ulcers or bedsores. A nationally recognized health care agency called Agency for Health Care Policy and Research has developed comprehensive guidelines to direct nursing homes in appropriate care to prevent pressure ulcers or bedsores.

The agency for Health Care Policy and Research guidelines are as follows:

A nursing home should develop an interdisciplinary team with strong leadership
The nursing home should provide intensive training for all staff on risk for developing pressure ulcers or bedsores and techniques for relieving pressure and turning and repositioning
The nursing home should develop protocols for prevention and treatment of pressure ulcers or bedsores
The nursing home should use specialized equipment to relieve pressure

The medical experts agree that pressure ulcers or bedsores can be significantly prevented in nursing homes when the nurses and nursing assistants receive proper and consistent training and supervision by the nursing home management company.

If you have concerns about potential nursing home injuries you, or a loved one, may have suffered, call me for a free consultation at 864-232-4273

February 20, 2014

How Much Is My Car Accident Case Worth?

Auto accident cases in South Carolina come with a variety of recovery options. Many accidents are simple “fender benders,” which result in simple bodily repairs to your vehicle. Unfortunately, the more severe
accidents tend to result in greater damage to both the vehicle and the passengers inside. Since recovery amounts vary with each accident, a free consultation is a good step to assist in determining appropriate recovery amounts for a specific accident.

South Carolina has what is called the “statute of limitations,” meaning that a lawsuit cannot be filed after a certain period, with some exceptions. For personal injury, the statute of limitations allows for filing up to three years after the injury was known or should have been known to the plaintiff. However, delaying a filing could reduce the amount recovered. It is important to consult with an attorney to determine the appropriate time for filing your case.

Does South Carolina Tort Reform Limit Damages on Car Accident Claims?

Along with the statute of limitations, South Carolina has instituted various tort reform legislation, which allow for the accident victims’ recovery based on certain types of injuries. Your award amount will be based on the extent of damage to you and the other passengers, the determination of your insurance claim’s value, the ability to recover from the at-fault driver’s insurance policy, the amount of fault – if any- you contributed to the accident, and the continuing need for medical attention, among other factors.

There is also a process by which you can file an insurance claim to receive lost wages due to medical recovery. This filing requires medical verification of your injuries, but is extremely helpful in getting your finances back in order after an auto accident. In some cases, non-economic damages are awarded on top of the economic recovery. These are punitive damages and are awarded in cases of willful or extreme negligence. You should discuss these possibilities when you come in for your free consultation.

body damage in car accident

It is important to stress that each accident has its own damage recovery amounts due to the unique nature of the collision. One important step to follow is to keep all receipts and documents from any company or agency – insurance, auto repair, law enforcement, medical bills, etc. – so that we can make sure you receive the compensation you deserve.

Contact Greenville South Carolina Automobile Accident Attorney Dan Pruitt for help with your case. We handle these types of cases each day, and look forward to speaking with you.

Please contact my office at 864-232-4273 to set up a free consultation today. We will not accept any compensation for our services until you receive a favorable settlement or judgment.

February 20, 2014

SC Laws on Accidents by Uninsured Drivers

What Can I do if I’m injured by an Uninsured Driver?

With the recent inclement weather South Carolina has experienced, it is important to review some information regarding automobile insurance in the event you or someone you know suffers an injury because of an uninsured or under-insured motorist. All automobiles driven in South Carolina must carry automobile insurance that covers the statutory amount. Unfortunately, some motorists do not carry the appropriate amount of insurance coverage, or even have coverage at all. This creates a risk for insured

motorists because they could be involved in an accident through the fault of the uninsured motorist and the insured motorist or the insured motorist’s insurance company would have to bear their own expenses for replacement and recovery.

The statutory minimum insurance coverage to be considered properly insured under S. C. Code of Laws § 38-77-140 is $25,000 per injured person and a maximum of $50,000 per accident. This is a good starting point for recovery of damages, but if the motorist is uninsured or under-insured, there is little to no chance you will be able to collect the amount of damages you incurred.

South Carolina Insurance Laws if you’re hit by an uninsured motorist

To protect law-abiding insured motorists, insurance companies will offer “Uninsured Motorist Coverage,” which is an avenue for you to collect the amount of recovery from your own insurance company if the at-fault motorist was uninsured. In addition, since the statutory minimums might not cover the amount of injury actually incurred, insurance companies will offer “Under-Insured Motorist Coverage.” This gives you the
ability to collect an amount of damages that remained unpaid by the at-fault motorist’s insurance company.

Naturally, with any Car Accident legal claim, numerous procedures and filings must take place in order to get the recovery amount to you. If you or your loved ones have any questions about seeking Uninsured or Under-Insured Motorists Coverage damages, please contact the Dan Pruitt Injury Law Firm. We know how to deal with the insurance companies and get you back on the road safely. Call our office at 864-232-4273 or click the chat button on this page.

February 16, 2014

South Carolina Workers Compensation Costs of Filing Claim

How much does it cost to file a Workers Compensation claim in South Carolina?

Workers’ Compensation claims take a toll on you, both financially and emotionally. The amount of loss suffered increases by a sustained claims process. Studies have shown claims closed within 30 days incur an average cost of

$287. However, the more intricate the claim, the more expenses incurred. South Carolina’s Workers’ Compensation Commission does work to insure claim’s costs are low while providing the funds you needs in a timely manner, but the process is not without some hurdles.

First, you, as the injured party, must alert your employer within 90 days that you have suffered an injury. Second, you must file your claim using the Form 50 or Form 52 with the Commission within two years. There is a $25 filing fee if you would like a hearing on your claim. Your employer must report an accident within 10 days of notice on the injury. It is in your best interest to file the claim at the earliest possible date in order to minimize your costs while maximizing your benefits.

Third, while your claim is pending, your medical bills are adding up and your employer’s insurance company continues to investigate and compile evidence against your claim. Medical treatment and prescription drug costs are built into your compensation claim, but it is always best to have the most up-to-date information to receive the most compensation possible.

Help with Costs of Workers Compensation Claims in South Carolina

To assist with extra expenses during your claims process and subsequent recovery, the Commission allows for mileage reimbursement for medical trips (pharmacy, doctor’s visits, etc.) if they are greater than 10 miles, round-trip, from your home. The compensation rate is the same as the state’s mileage – approximately $0.56/mile. Having reimbursements for your costs incurred on medical visits can help, because these claims rarely go through the

Commission without any opposition.

All these procedural steps add to your claim’s timeframe. The Commission does not permit any attorneys’ fees to be collected prior to their approval by the Commission; and, in no circumstances can an attorney’s fee exceed one-third of the injured party’s claim.

The Dan Pruitt Injury Law Firm help you even further with your claim costs as well. Here, we understand your need to minimize expenses in this time. This is why you will pay no fee until you receive a favorable settlement or judgment.

We try to make the claims process as easy financially as possible, so you can focus on physical and emotional recovery. Call Greenville SC Workers Compensation Lawyer Dan Pruitt today for your free consultation at 864-232-4273, or click the chat button.

February 5, 2014

Preventing Falls in a Nursing Home

The most serious risk in the US that a resident of nursing home faces is the risk of falling. A fall is defined as any unplanned descent to the floor, with or without injury. If

your loved one falls in a nursing home, the nursing short should contain a detailed description of the events surrounding the fall.

A nursing chart very often describes a fall in the following terms: “the resident’s legs gave way and the resident was lowered gently to the floor”. Often times this circumstance results in serious injury that contradicts the chart and the staff’s notes. Also, the facility must notify the next of kin or responsible party about any falls.

In America, more than 1800 nursing home residents die each year due to injuries sustained from a fall.

Only about 5% of the population over the age of 65 lives in a nursing home, yet fall-related deaths in this age group accounts for almost 20% of the deaths from fall related injuries. This is very clear evidence that falls in a nursing home are a very serious risk.

Within a year after a serious fall or hip fracture, the mortality rate among senior adults is significantly increased because of an increased risk for contracting pneumonia or experiencing a blood clot or pulmonary embolism.

There are three ways to prevent falls, generally speaking. The first way is to assess the patient’s risk thoroughly, including the patient’s clinical condition, the medications that they take, their physical condition, their ability to walk independently, and all other factors associated with walking.

Secondly, the nursing home facility must implement interventions, and put in place strategies to reduce the risk of falling. These strategies or interventions can include personal alarms that notify the staff when the nursing home resident is trying to stand up or walk without assistance. They could also include certain devices which assist the patient in walking such as a walker or a gate belt.

Third, the facility must supervise the staff to ensure that the patients needs are being met consistently. Often times when a nursing home resident falls it is the result of neglect on the part of the nursing home staff or nursing home facility with assessment of the patient and implementation of the strategies available to the nursing home. Almost every fall can be prevented. By preventing falls among our senior adults in nursing homes we can ensure that they do not have serious injury including: diminished mobility or being wheelchair-bound, being confined to a bed, or experiencing anxiety about walking in the future, which can be an increased fall risk in and of itself. By preventing falls, a nursing home can increase the quality of life of its’ patients, and the failure to do so is not acceptable in our society.

Dan Pruitt is a Nursing Home Injury Lawyer in Greenville, SC. If you, or your loved ones have questions regarding proper nursing home car, or investigating neglect and abuse, call Dan for a free and confidential consultation.

(864) 280-7660