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How Overloaded Trucks Can Place Your Life in Danger

There are numerous reasons why large, overloaded trucks should never be on the road, which is why there are also a number of laws and regulations that involve safety protocols on hauling loads, as well as weight limits established by the Federal Motor Carrier Safety Administration. As a result, an overloaded truck can lead to a trucking accident and overloaded trucks are one of the leading causes of truck accidents.

Additional concerns include the following;

  • Truck drivers failing to evenly distribute the weight of the cargo places strain on the axles and mechanical components, affecting the ability of the truck driver to control the truck
  • The federal limits for trucks are 80,000 for gross vehicle weights and 18,000 pounds for semi-trucks, including cargo. When trucks are improperly packed, they can easily flip over, harming a number of people on the road
  • When trucks have too heavy of a load, jackknifing can occur, which involves the truck swinging to the side and forward and the truck driver losing control
  • Too heavy of a load on the truck can lead to problems braking, which then creates a problem when the truck tries to stop 
  • When heavy loads are combined with poor weather conditions, the truck driver has a more difficult time controlling the truck in general.
  • Overloaded trucks can, over time, cause weaker roads and bridges to collapse

 

Who Is Responsible in the Event of an Accident?

When it comes to accidents caused by truck drivers, not only can the driver be held responsible, but also the trucking company.

 

If You Have Been in a Truck Accident Here in South Carolina

Injuries from truck accidents can be disastrous and require a significant amount of recovery time. If you have a truck accident, our Car Accident Lawyer Greenville SC are prepared to help you and your family if you have been involved in an accident with a truck. You want to make sure that your attorney acts diligently to collect any and all relevant evidence – maintenance records, electronic logs to check how many hours the driver drove consecutively, etc. 

While the first thing to do is ensure that any injuries you have been treated, you should also contact a truck accident attorney so that a proper investigation is done on your behalf and the truck company–which has resources and a strong legal team–does not destroy any evidence that could harm your case.

If an overloaded truck was involved, this will help you to prove negligence and obtain compensation for your injuries, as well as any pain and suffering involved. Contact a truck accident lawyer today to find out more.

New Reports: Medicare Fails to Provide Oversight of Nursing Homes

Three reports that have been released just in the last month highlight very serious problems and concerns when it comes to America’s nursing homes. Specifically, a number of these homes are not only delivering poor but also outright dangerous, care that is largely hidden from the public and visitors. 

In addition, unfortunately, there doesn’t appear to be a lot that the government or states can do about it. Not only is the industry demonstrably resistant to government regulation and enforcement, but budget cuts are making it harder and harder for state and federal governments to respond to these bad actors, and this includes the federal Centers for Medicare and Medicaid Services (CMS).

 

Hundreds of Facilities Are Causing Problems

Facilities that have been designated as special focus facilities by the CMS are supposed to be subject to additional inspections — i.e. reviewed every six months – and made public on the CMS’s website. However, according to these reports, due to budget issues, the CMS can only designate 88 nursing homes nationwide as special focus facilities, regardless of how many patients are at risk at a number of other facilities. In other words, only when one is removed can a new one be added, and that leaves hundreds of facilities that are providing persistently poor care simply listed as “candidates,” and therefore not publicly identified or subject to additional oversight.

 

Hospices Are a Serious Part of the Problem

Unfortunately, hospices are no exception: According to internal government reviews, about 20 percent of hospices have at least one serious issue that places patients at risk of being harmed. In fact, most had what has been described as “serious” problems in terms of placing patients at risk over a number of years, indicating a long history of very poor care. In addition, according to the Office of the Inspector General (OIG), surveyors often fail to identify and cite hospices for more serious violations. Indeed, many don’t even report the crimes to law enforcement at all. 

Unfortunately, the CMS is also somewhat limited in terms of whether and how they can penalize hospices, which results in too much negligence. Specifically, the CMS reportedly does not have the power to impose intermediate penalties – they can only outright shut down facilities – which arguably discourages some surveyors from writing them up in the first place. In addition, while hospitals have to self-report any violations of rules, hospices do not, and while nursing homes and hospitals are often written up for paperwork problems, for example, it is not paperwork problems that are harming patients under their care.

 

Suggested Reforms

The Office of the Inspector General recommended a number of reforms for the CMS, including:

  • Encouraging surveyors to report serious issues and crimes;
  • Disclosing survey results on public websites;
  • Making it easier for families and beneficiaries to file formal complaints;
  • Requiring hospices to better educate and train staff to recognize abuse; and
  • Strengthening requirements for hospices to report harm to patients.

 

Greenville, Florence, and Darlington South Carolina Nursing Home Abuse Attorneys

If you or a loved one has been subject to nursing home abuse, contact our experienced South Carolina nursing home neglect lawyers today to find out how we can help.

How to File A Workers Compensation Claim

workers compensation claim

Over four million employees get injured on the job each year. Sprains, soreness, and cuts are among the most common types of work-related injuries.

Most injuries that occur on the job qualify for some kind of workman’s comp. These include trauma, injury, and diseases. When you get injured at work, you may be entitled to some medical coverage, wage replacement, and benefits.

How do you file a workers compensation claim? Let’s take a look.

1. Who Can File a Claim?

Workman’s comp insurance was designed to protect the employee from the devastating effects of job-related injuries. It also protects employers from potentially crippling lawsuits. Workman’s compensation might cover medical costs, lost wages, ongoing care costs, and funeral costs.

In order to file a workman’s comp claim, a worker needs to be an employee of the company. They cannot be an independent contractor.

The employer needs to have workman’s comp insurance. The employee needs to have gotten injured as a result of a job-related injury.

Workman’s comp insurance does not cover domestic employees or volunteers. Special laws apply to seasonal workers or employees of temp agencies. A worker’s compensation lawyer can help you sort out the details.

Any falls that occur on your job, chemicals you may get exposed to, or gradual injuries, such as carpal tunnel, may qualify for workman’s compensation.

Workman’s comp does not cover any self-inflicted injuries or any injuries caused by fighting or horseplay. You cannot file a claim if you were under the influence of drugs or alcohol at the time of your incident.

You are not eligible for a claim if you got injured while violating company policy. Workman’s comp does not cover emotional damages, such as stress or depression.

2. Who Has Workman’s Comp?

Most states require businesses to carry workman’s comp insurance. New Jersey and Texas are exempt.

Companies may choose to use private insurance companies or state-funded programs. Only North Dakota, Washington, and Wyoming require companies to use state agencies. Larger companies, such as government agencies, may choose to insure themselves.

3. How Do I File A Claim?

An employee should report an injury as soon as it occurs. Each state has its own requirements in terms of the amount of time an employee has to report an injury. In New York, for example, it is thirty days.

After you have told your employer about the injury, you can begin filing a claim. Again, each state has different rules as to how long after the incident you are allowed to file.

Before filing a claim, you will need certain information. You will need to obtain your company’s insurance policy number.

You will also be required to supply your own social security number, name, date of birth, age, address, and phone number.

You will need to supply the details of your accident before you file. You should start with the date and type of injury. You can also supply any estimated needed time off, your expected return date, and the names of any witnesses.

The insurance company will then choose a doctor to conduct an Independent Medical Examination (IME.) The doctor will report their results to the insurance company.

The company will then use the report to create its compensation offer. For cumulative injuries, compensation is a little grayer.

For example, you may develop carpal tunnel from typing on the job over a period of several years. Your time may begin on your first day off from work, or when you first knew you needed to take time off.

Workman’s comp claims vary from state to state. Parties involved include the employer, the employee, the insurance company, the doctor, and the workman’s compensation board.

4. What Kind of Compensation Can I Get?

The type of compensation you will receive will depend largely upon the type of injury you sustained. If your workman’s compensation claim is open, the types of benefits you receive regularly will depend upon your ability to return to work in some capacity.

For example, if your injury resulted in some type of permanent impairment, you are entitled to a monetary reward. If you needed surgery, you will likely get entitled to a permanent disability reward. You can also get permanent disability if your injury limited the kind of work you can do.

You will receive time-loss compensation benefits if you had to take time off from work due to your injury. Time-loss compensation benefits are usually paid twice a month. You may, however, get paid once a month, or once a week.

Loss of earning power benefits apply to those who need to return to work in a lower-paying job. Your employer will pay you some of the difference between your former salary and what you are now earning.

A pension can be given to a worker who is completely disabled as a result of their injury. This means the employee cannot return to work as a result of an injury, illness, or disease.

A pension gets paid periodically. It could be once a month, twice a month, or once a week. Pension benefits may last a lifetime.

If you need more compensation than you are being offered, it may be time to contact a workman’s compensation lawyer. Many offer free consultations.

After you give your lawyer the details of your case, they may be able to let you know if it is worth it to pursue legal action.

Filing A Workers Compensation Claim

You will need to gather the details of your accident before filing a workers compensation claim. With the right attention to detail, you can receive compensation for time lost, medical bills, and changes in your professional prospects.

For more information, contact us today.

How Poor Training and Driving from Truck Drivers Affects Your Accident

There is no question that truck drivers need specialized training to handle significantly dangerous conditions and protect themselves and others on the road. Without this training, inexperienced truckers are outright dangerous on the road and can cause serious truck accidents.

Below, we discuss what happens when it comes to these types of accidents and your rights if you’ve been involved in one:

 

Inexperienced Drivers Are Often More Dangerous

Some of the dangerous activities that an inexperienced truck driver can engage in include:

  • Driving off the road 
  • Driving too fast for the weather conditions 
  • Changing lanes too quickly, which can cause the truck to flip
  • Improper braking, which can lead to sliding
  • Stopping too late 
  • Failing to slow down 
  • Engaging in drowsy driving
  • Violating hours of service regulations
  • Making poor turns

 

Who Is Responsible in the Event of an Accident?

When it comes to accidents caused by truck drivers, not only can the driver be held responsible, but also the trucking company, which is responsible for hiring competent drivers. While a driver is on duty, the trucking company is their agent and is therefore responsible for the consequences of their actions. They must not only ensure that the drivers have the right training, but they have their Commercial Driver’s License (CDL).  

When it comes to ensuring that a truck company has done its due diligence in terms of requirements, it is important for you and your trucking accident attorney to know the following: 

  • The Federal Motor Carrier Safety Administration has established rules regarding training standards for entry-level commercial truck drivers
  • CDL requirements are determined by state law
  • Truck drivers must pass a number of tests proving that they are medically capable of driving a large truck and have had a clean driving record for at least 10 years
  • The skills test includes controls, inspections, and the road test

 

If You Have Been in a Truck Accident

If you have a truck accident, the first thing to do is ensure that any injuries you have been treated. You should also contact truck accident attorney so that a proper investigation is done on your behalf and so that the truck company–which has a number of resources and a strong legal team–does not destroy any evidence that could rule in your favor. If a lack of proper training was involved, this will help you to prove negligence and obtain compensation for your injuries, as well as any pain and suffering involved. 

Our Greenville, South Carolina trucking accident lawyers are prepared to help you and your family if you have been involved in an accident with a truck. Contact our lawyers today to find out more.

7 Essential Questions to Ask your Workers Compensation Lawyer

questions to ask your workers compensation lawyer

The weekend promises the fun of shopping with friends, partying with family and traveling to unknown destinations. Yet in the blink of an eye, it’s Manic Monday again.

You start the work week with the memories experienced during your time off. But you’re secretly counting down to the upcoming weekend. Yet what happens when you’re going about your day and injury strikes?

Without warning, you could fall on slippery floors or get hit by a truck while driving a company car.

After you’ve reported the injuries the process of opening a workers compensation claim begins. But you shouldn’t go through this journey alone.

Hiring an attorney and having your injuries examined by a physician should be your next steps. But what are important questions to ask your workers compensation lawyer?

Follow along as we discuss what you need to know when hiring your attorney.

What is a Workers Compensation Lawyer

A workers compensation lawyer specializes in cases for people with a workers compensation claim. Workers compensation laws protect people injured or disabled while working. “The laws provide the injured workers with fixed monetary awards, in an attempt to eliminate the need for litigation”, according to the Cornell Law School’s Legal Information Institute. Yet not all cases are the same.

Should You Hire a Workers Compensation Lawyer

If you’ve never experienced a serious injury, resulting in disability, you may not know what to do. A workers compensation lawyer is experienced and knows the steps for securing a settlement. He will explain the necessary tasks from filing the claim to receiving your recovery. Plus if there’s anything unclear your workers compensation can help you understand.

Important Questions to Ask Your Workers Compensation Lawyer

When considering to hire an attorney you should take your time to find the right professional. Compose a list of questions to ask a workers comp lawyer. If you are unsure of what questions to ask then do some research online. Or speak with someone you know who went through the process of hiring an attorney.

Many questions will overlap regardless of what specialty the lawyer practices. While researching for questions start looking for workers compensation lawyers in your area. Using referrals from friends or family can be useful too. Once you’ve made a list of possible attorney’s reach out to their offices.

Do You Offer Free Consultations

One of the most important questions to ask a workers compensation lawyer is whether he offers a free consultation. Many attorneys do this as a courtesy to a potential client but it’s better to ask and not assume.

How Many Years Have You Practiced

Another vital question to ask an attorney is how long he has practiced as a workers compensation lawyer. Again every case is different as are the laws for each state. Yet if your claim is complicated it’s better to hire a seasoned attorney.

A workers compensation attorney with ten or more years of experience will know the tricks of the trade. He’ll be able to maneuver through the system and handle surprises thrown by the insurance companies and your employer.

What Fees Do I Pay

Everyone wants to know what they need to pay to receive service. For many people, the ability to secure legal representation hinges on whether they can afford it. Thankfully workers compensation lawyers usually use a contingency fee.

What is a Contingency Fee

A contingent fee arrangement is when “the lawyer agrees to accept a fixed percentage (often one third) of the recovery, which is the amount finally paid to the client,” according to the American Bar Association.

If the client case loses he or she doesn’t pay the attorney but if the case wins the lawyer’s fee gets deducted from the recovered wages. This type of arrangement protects the client from the burden of struggling to repay the money.

What is Your Success Record

Inquiring about an attorney’s success record is not a guarantee your case will win. But it shows he wins more than he loses. Workers compensation cases are riddled with laws, time restraints, and medical appointments. So hiring an attorney willing to put in the effort increases your chances for a successful outcome.

Do You Have Testimonials

If an attorney produces genuine testimonials for you to read then this is a good sign. People willing to give an account of their experience shows they appreciate the service they received. Yes, people can leave negative reviews too but always take those with a grain of salt. The reason a case loses may not be the attorney’s fault. Many factors go into a case.

Who Is In Charge of My Case

In order to avoid miscommunications or a negative client/attorney relationship discussing who will work on your case is crucial. Depending on the size of a law firm your case may go to an associate, partner, or paralegal. But you should review this information before signing a contract.

If any emergency happens who will you call? What if you need a loved one to attend your consultations but he or she works during regular business hours? Is your attorney able to meet later in the day?

Your workers compensation attorney should clarify anything you need to know. Yet not all the questions to ask a workers compensation lawyer get answered during your free consultation. Thus knowing you can reach him when you have follow-up concerns is important.

Seal the Deal

Now that you know the questions to ask your workers compensation lawyer put it to the test. Allow our team to handle your workers compensation case.

Contact us today to schedule your free case evaluation.

Florence’s Commander Nursing Center winds up on Unflattering Senate List

Commander Nursing Center one of six South Carolina nursing homes on a list of the poorest quality nursing homes

Last month the U.S. Senate released a list of nursing homes highlighted for their record of consistently poor care of residents.

This list comprises facilities on the Special Focus Facility program, which is run by the Centers for Medicare & Medicaid Services. The program aims to provide extra oversight and improvements to the nursing home’s considered the worst by the governing body.

Of the 400 facilities listed in the program, six were in South Carolina:

  • Commander Nursing Center
  • Blue Ridge of Sumter
  • Life Care Center of Hilton Head
  • Compass Post Acute Rehabilitation
  • Pruitt Health Blythewood
  • Riverside Health and Rehab

In South Carolina, the Division of Nursing Homes surveys nursing facilities and skilled nursing facilities that are part of the Medicare and Medicaid programs, and claims to conduct unannounced site visits. The Division claims to include dieticians, generalists, nurses, pharmacists, and social workers. When it comes to investigating complaints, the Division advertises that it has a special staff of surveyors who visit the facilities to investigate.

CMS Unveils Poor Record for Commander Nursing Center

Commander Nursing Center, located at 4438 Pamplico Highway in Florence, had a detailed report released of the facility’s transgressions over the last three years. Since June 1, 2018, the facility has had 30 federally registered complaints. of the complaints, these include:

  • Tight, uncomfortable accommodations which make navigating the facility difficult for low-mobility residents.
  • Long response times by staff and orderly’s when responding to calls by residents for medication or call lights
  • Failure to respond and care for incontinent residents for up to nine hours
  • Staff and orderly’s refusing to help residents to the bathroom and instead let residents soil their briefs in bed
  • Failure of staff to document complaints and follow through with the complaints with upper management
  • Rough and abusive dialogue from staff towards residents when requesting care, specifically bathroom requests

These were only a handful of the documented incidents in the report provided by Medicare. You can read the whole 60-page report here.

One South Carolina Nursing Home & Veteran Complaints

Investigators also found that officials failed to investigate claims of abuse and injuries at home for veterans: Veterans’ Victory House in Walterboro. Some of these allegations included people being beaten by their roommates, residents’ calls for help being routinely ignored, others found cut and bloodied, etc. Inspectors also found that a number of veterans had “unexplained injuries” such as eye wounds and hip and nose fractures that no one looked into. In fact, according to reports, the circumstances were so bad that inspectors found what is known as “immediate jeopardy,” whereby there is a presence of such danger that residents need to be moved to another facility immediately.

Why This Remains Hidden From The Public

Still, sadly, the public has not been put on proper notice about serious concerns when it comes to these nursing homes. This is especially the case for any facilities that are left on the list – or “candidate” facilities – that cannot make it onto the list of special focus facilities due to the 88 facility maximum that the list carries. Staffing levels and training underlie a number of problems in these facilities.

Call Dan Pruitt if your Loved One Has Experienced Nursing Home Abuse

Any Florence residents who have experienced abuse at the hands of the staff at Commander Nursing Center or any other Nursing Home in South Carolina should call the Dan Pruitt Law Firm today for a no obligation, free consultation today.

Dan Pruitt is well-versed in litigating cases against bad nursing homes all across South Carolina. Call his office today at 864-280-7660.

Experiencing a Chronic Headache After a Car Accident: What to Do Next

headache after car accident

The full effects of a bad car accident won’t always show themselves right away.

So, you’ve been in a car accident that wasn’t your fault. Whether or not you came out of it feeling okay right away doesn’t really tell the whole story. Some of the lasting effects of a bad car accident are only revealed with time.

Sometimes it’s aches and pains, other times it’s more psychological. But, what if you begin to experience a headache after a car accident? There’s almost nothing that will raise concerns more than a delayed and lasting head injury.

Our brains are fragile, and it can be terrifying when something doesn’t feel right, especially after an accident. In this post, we’re going to talk about what you can do when that headache comes.

You don’t have to accept any injury that results from a car accident, even if it doesn’t happen right away. Learn how to make sure that the ongoing effects of your accident are covered so that you’re not hung out to dry with injuries. Don’t let this car accident take away your livelihood.

Dealing With a Headache After a Car Accident

It’s quite common for a headache to happen as a direct result of a car accident. The reason for this is usually because of whiplash or a concussion. Whiplash causes a variety of painful or uncomfortable symptoms, including stiffness, muscle spasms, fatigue, blurred vision, tinnitus, cognitive impairment, and yes, headaches.

Concussions are a direct result of the impact of the collision. Similar to the effects of whiplash, you might feel fine for a while after the accident. At some point, you might start to get migraine headaches, feel dizziness, confusion, slurred speech, memory loss, and blurred vision.

These symptoms can show themselves within hours and days of the accident and they can last for days, weeks, and months after the accident. Can you imagine living with chronic headaches for months after your car accident? It’s a frightening reality that many people experience.

Because the effects don’t always show themselves right away, someone might be reluctant to associate these symptoms with their accident. They might also be hesitant to put these lasting pains in their settlement claims, but that’s not how it should be.

See a Doctor

When you start to notice symptoms of a headache that doesn’t seem like a normal headache, go see a doctor. It might be hard to distinguish something directly resulting from a car crash from a regular headache, especially if you’re prone to headaches or migraines.

It might be something that’s nagging for a few days or a week or a feeling that you’re not used to. Once you’ve decided that it’s not a normal headache, get yourself checked out and determine if you should attempt to get a settlement.

Be warned, it’s not going to be easy to claim a headache. Insurance companies won’t want to pay out and juries will struggle to figure out the value of these types of injury cases. That’s why you need a good attorney.

Why Is It Important to Claim Your Headache?

You shouldn’t hesitate to claim a headache that you know is the result of your car accident because it can have a huge effect on your quality of life. Chronic migraines, medication-induced headaches, and exacerbation of existing headaches all occur and change people’s lives drastically.

As we stated earlier, it’s not going to be easy to get the insurance claim through for your injury. All of the cases listed above are tough to defend because of the subjectivity of headaches.

Jury Verdict Research found that the average settlement for headache-related injuries is a bit over $33,000. It might sound like a lot of money, but not when you compare it to the average national personal injury award of nearly $800,000.

That means your headache is likely to get you just 5% of the national average for injury settlements. Don’t let this deter you from getting your money, though. These are just the average numbers and some cases will far exceed the average.

Making Your Claim

Getting a big settlement will depend on a few factors. Your age, the nature of your head injury, obvious property damage, and the testimony of a trusted medical professional will all come into play. Juries are more likely to believe the testimony of an older person and thus award them more money.

Specifically, the doctor will need to find that the headaches have been caused by the accident and that you (the plaintiff) won’t be guaranteed to find relief from the headaches at any point in the future.

Sample Verdicts

In 2018, a plaintiff minor in Alabama is riding in the back of a car when the defendant, under the influence of drugs, veered into their lane because he was picking up his dropped cell phone. The plaintiff suffered a mild head injury, but then experience headaches, dizziness and a loss of appetite. This settled for $85,000.

In 2015, a New Jersey male in his 50’s collided with a man that ran a red light. He suffered an immediate concussion, then a pain that required a cervical fusion. The plaintiff’s neurologist testified that he’d suffer from concentration issues and ongoing headaches. This case settled for $525,000 outside of court.

In 2018, an Iowa plaintiff was going through a two-way stop when the defendant ran a stop sign and struck the backside of the plaintiff’s car. The plaintiff alleged headaches and soft-tissue injuries, which the defendant disputes. The plaintiff is awarded $16,000 for medical expenses and $8,000 for pain and suffering.

Don’t Hesitate to Get Your Settlement

You shouldn’t have to live with the effects of your car accident without a settlement. When you’ve got medical expenses associated with a headache after a car accident, you should be compensated for them. But, you should also be compensated for the pain and trauma that result from a bad accident.

Visit Dan Pruitt Injury Law Firm today to talk to someone that has years of experience dealing with the lasting effects of auto accidents.

Get a free consultation on our website and visit our blog to read more about what you should be thinking about after your car accident.

Drunk Driving Costs Lives in South Carolina; Wrongful Death Charges May Address Recklessness

Would it surprise you to learn that roughly 400 people lose their lives in drunk driving accidents here in South Carolina every single year?  Would you be alarmed to know that impairment is responsible for nearly half of all traffic fatalities in the state?  How about the fact that South Carolina has the second-highest rate of fatalities related to substance abuse on the road in the nation, trailing only Wyoming?  If these data have not gotten your attention yet, it may be that you have not suffered the loss of a loved one due to the irresponsible and reckless decision of another to drink and get behind the wheel of a car. If you can relate to the devastation of such an incident, however, you would likely benefit from the assistance of an attorney who is practiced in matters related to personal injury and wrongful death.

More Statistics

The fact of the matter is, the number one cause of death among Americans aged one through 54 is motor vehicle crashes—taking roughly 30,000 lives annually.  In addition to the human devastation, these fatalities cost the nation well over $40 billion every year.  Tragically, over one-third of these incidents are directly related to inebriated driving, according to the Centers for Disease Control and Prevention.

Wrongful Death

When a person’s recklessness or negligence leads to a fatality, it could result in wrongful death charges.  In the case of a drunk driving accident, the decision to drive a motor vehicle was clearly a reckless one. These cases may be filed by the estate of the deceased on behalf of family members or, in some cases, others who relied on the deceased financially.  A wrongful death lawsuit is a way for families to pursue remuneration for matters including the following:

  • Expenditures associated with hospitalization or other medical costs related to the incident;
  • Funeral and burial expenses;
  • Loss of current and future wages;
  • The absence of spousal companionship;
  • The loss of protection and guidance for minor children who lose a parent;
  • Payment for services that might normally be performed by the deceased, including babysitting, snow removal, and other types of maintenance; and
  • The emotional suffering of family members.

Moving Forward

Losing a loved one is never easy.  When the loss can be attributed to the reckless choice of an impaired individual to get behind the wheel of a 2,000-pound machine and meander into your life, it only intensifies the sense of anger and grief.  Though nothing can turn back time, the experienced and ethical lawyers at the Dan Pruitt Injury Law Firm can help make the future a little brighter.  Contact our Greenville office today to schedule your free, confidential consultation.

Medication Errors Harm Loved Ones in Nursing Homes

If you’ve noticed a sudden change in your loved one in your visit to her in a nursing home if may have left you feeling uneasy or afraid.  Sudden changes can be the result of a number of interconnected factors—aging, loneliness, and medical conditions—to name a few. But in some cases, the problem is much more nefarious. How could you possibly know that the altered behavior or health condition of your loved one is directly attributable to medication errors?  If you suspect as much, speaking to an attorney who is versed in such matters could be a smart move.

Common Medication Errors

While minor errors in the preparation and dispensing of medication are to be expected from time to time, consistent or serious mistakes are not. Some of the ways in which errors might occur include:

  • Attempting to split a tablet or capsule in half when instructions clearly indicate the medication should never be crushed;
  • Failing to provide the proper amount of fluids along with the medication, leading to dehydration and potential risks with the medicine;
  • Failing to take the prescription along with food;
  • Neglecting to provide required antacids along with certain medications;
  • Disregarding instructions to shake or properly mix medications, putting the patient at risk of receiving too high or too low a dose of the medicine;
  • Failing to use enteral nutrition formulas in conjunction with medications;
  • Ignoring the possibility that eye drops were not actually applied in the eye of patients, or that they remained in contact with the eye for the proper amount of time;
  • Failing to prepare and position metered dose inhalers and monitor their use; and
  • Ignoring issues related to the swallowing of sublingual tablets.

Negligent Errors

More often than you might think, errors are made by overworked staff who are simply spread too thin.  With unexpected emergencies or changes in routines, it’s not hard to imagine a staff member being distracted, leading to some of the most common types of negligent administration errors:

  • Omitting a dose;
  • Double dosing;
  • Providing medication that has expired;
  • Making errors in documentation; and
  • Experiencing problems related to lab results.

Malpractice Concerns

Any number of reckless acts could lead to questions of actual medical malpractice.  In particular, this might include the following types of issues:

  • The blatant, purposeful disregard of orders related to medications;
  • Improper management of medications, including the failure to renew prescriptions and/or accurately record medication information;
  • The borrowing of medications from one patient to another; and
  • Diverting medications for the personal use of staff.

Serious Issues

Medication issues in nursing homes can be extremely serious.  Because 1.5 million of our loved ones reside in nursing homes at any given time, medication issues have the potential to be far-reaching.  If your elderly family member has suffered and you believe medication errors are the culprit, the knowledgeable team at the Dan Pruitt Injury Law Firm can help. Schedule a free, confidential consultation in our Greenville office today.

How to Know When to Get an Attorney for a Car Accident in Greenville, SC

when to get an attorney for a car accident

Anywhere from 20 to 50 million people around the world are injured each year in a car accident.

In fact, traffic accidents account for 2.2% of deaths around the world, making it one of the leading causes of preventable deaths.

If you’ve been in a crash, do you know when to get an attorney for a car accident?

There are a few things to look out for when it comes to hiring a lawyer to help you navigate a car accident claim. Read on for more information about when is the right time to call a lawyer to help you get the compensation you deserve.

1. You Feel Overwhelmed

A car accident generally can make you feel overwhelmed. That’s totally normal. But if the deductibles and calling the insurance agencies and settling your medical bills seem far too confusing, you should speak to an attorney.

You may not need one to navigate the entire case, but he or she can help you sort out what you need. He or she can also let you know if you need an attorney for further help, or if they can help you take the correct path on your own.

2. You Were Injured and It Wasn’t Your Fault

If you were injured in the car accident, and it wasn’t your fault, it is a good idea to consult an attorney.

Injuries from car accidents can be anything from PTSD to whiplash, to more severe cases that may leave you disabled for the rest of your life.

No matter what the injury is, if you have to pay medical bills towards it or have had to take time off work due to it, you could be owed a settlement.

In order to receive a settlement for a car accident, you’ll need to prove the accident was not your fault. This means that when it occurred, you were not disobeying traffic laws or doing anything illegal, like texting and driving.

In these cases, the other party’s insurance may compensate you for the injuries you’ve suffered.

Compensation can come in a variety of forms. You can receive compensation for your medical bills, the salary you missed while you were recovering from the accident and the loss of consortium. The latter refers to the fact that if your injury was severe, you may not be able to fully participate in the lives of your family the way you would have had you not been injured.

Loss of consortium can relate to your relationship with your spouse or your children.

3. You Were Injured and It Was Due to a Manufacturer Error

Just because a car accident occurred doesn’t mean someone was clearly at fault. Instead, car accidents can occur because there was an error with the manufacturing of the car you or the other party was driving at the time. If this is the case, neither party is responsible, but instead, the maker of the faulty car is responsible.

If, for instance, you sustained an injury or someone with you sustained an injury or died as a result of a faulty brake system in the other car, the manufacturer may owe both parties a settlement.

In this case, you may have to prove that it was not either party’s fault, and a qualified lawyer can help you do that.

The settlement from the manufacturer will cover the same things as the other party’s settlement might cover, including your hospital bills, loss of consortium and back salary you’ve lost from missed work days.

4. You or Someone in Your Party Sustained Injuries Because of a Third Party

If your car accident resulted because of neglect by the city you were in, this could also be grounds for consulting with a lawyer. Neglect by the city may include improper signage or unsafe roads. It may also include if the city has allowed people to drive on roads in severe weather without clothing them for repair.

It is the city’s responsibility to ensure that its citizens have safe roads to drive on. If they do not do so, this can open them up for a possible settlement because of your accident.

5. Someone Close to You Died as a Result of the Accident

Did someone you love, unfortunately, pass away in a car accident that was not your fault? In this case, you may have a claim for a wrongful death lawsuit.

As in the other cases, you will need to be able to prove that it was the fault of the other party, the manufacturer or a third party. Calling an experienced lawyer, however, will likely help you prove your case and help your family get the compensation you deserve during this difficult time.

Wondering When to Get an Attorney for a Car Accident?

This article has listed five scenarios that inform your decision of when to get an attorney for a car accident.

If you’re still unsure, it’s a good idea to call an attorney anyway to discuss your case and see if the firm can help you. Most attorneys offer a consultation without fee, and you can discuss what’s happened and decide if you’d like to proceed with a case.

If you live in the Greenville area and have recently been in a car accident that wasn’t your fault, contact our law offices today. Our expert team can discuss everything that’s occurred, and figure out together what you may be owed in compensation for your suffering.

Dan Pruitt Injury Law Firm
300 Pettigru Street, Suite 100
Greenville, SC 29601
(864) 280-7660