Joe and Martin are ready to assist you with personal injury claims and lawsuits that may stem from a variety of accidents.

Sue for Whiplash

Sue for Whiplash?

Can You Sue for Whiplash?

Automobile accidents can lead to a wide range of injuries. One of the most well known (yet poorly understood) injuries is whiplash.
Common causes of whiplash include being rear-ended, physical sports, and bungee jumping. Whiplash can also be caused by slip and falls and other accidents. If you have been diagnosed with whiplash and have reason to believe your whiplash was caused by someone else’s actions, you may have recourse under personal injury law.
Sue for Whiplash

What is Whiplash?

When you’ve suffered whiplash, essentially your neck and spine have suffered an injury due to forceful shaking or back and forth action. For example, if you are stopped at a light and hit by the car behind you, your neck and head may be propelled forward and backward rapidly and forcefully. This can injure your spinal column and lead to headaches, neck pain, and neck stiffness. Some victims even report pins and needles in their arms. While many cases of whiplash heal after a few months of physical therapy, others lead to a lifetime of pain.
 
Whiplash is generally not identified directly after an accident. In fact, it can be days before symptoms present themselves. This can be shocking and confusing for many patients, especially those who told the other party in a car accident that they were fine! Because of this, make sure to always take down the other party’s information in a car accident, no matter how minor it may seem.
 
You may have heard that when you are calling in your car accident to your insurance company, you should decline to list your injuries right away. Whiplash and other injuries that can initially go unnoticed because of the adrenaline and stress of a car accident can present themselves after the fact. Rather than having your medical claims denied by your insurance, defer making a complete statement until you are aware of the extent of your injuries.
 

How Can Whiplash Affect You?

As previously stated, many cases of whiplash will resolve themselves after medical care and physical therapy. Unfortunately, that care doesn’t always come cheap. An emergency room visit, months of physical therapy, and a prescription to pain pills (plus all the missed time from work) can add up. In addition, other cases may linger for a lifetime, leaving the injured parties with debilitating headaches and chronic neck pain and making life and work more difficult.
 
If you suffer from whiplash that was caused because of someone else’s negligence, you do have legal recourse. Individuals who suffer from whiplash caused by a rear-end collision, for example, can sue under personal injury law. Speak with a reputable Myrtle Beach personal injury lawyer to learn more.
 

Can a Myrtle Beach Personal Injury Lawyer Help?

In a word—yes. Discussing your case with a Myrtle Beach personal injury lawyer is a great way to learn more about your options and get a legal perspective of your ordeal. When your pain and suffering is caused by someone else’s negligence, you shouldn’t have to pay to get your life back together. Working with a Myrtle Beach personal injury lawyer can help you cover the costs of medical care and lost wages due to your accident.
 
Doctors continue to learn more about whiplash, how it is caused, and how to remedy it. In the meantime, it is important for car accident victims who have developed whiplash to have recourse. With a Myrtle Beach personal injury lawyer, you can start paying back your medical bills and moving forward. Life doesn’t stop because of an accident, and neither should you. Consult a Myrtle Beach personal injury lawyer today.
 

Joe and Martin Personal Injury Attorneys

Choosing the right Personal Injury Attorney for you

How to Choose the Right South Carolina Personal Injury Attorney for You

If you are involved in an accident or injured due to someone else’s negligence, finding a South Carolina personal injury lawyer shouldn’t make your life more difficult. While shopping for a lawyer isn’t something that generally ends up on a to-do list, it is important to research a firm before signing a contract. So how exactly do you go about choosing the right South Carolina personal injury lawyer for you?
Stark Sandefur Personal Injury Attorneys

Don’t Just Rely on Google and Yellow Pages

Searching for a lawyer is going to give you lots of results, but that doesn’t mean they’ll be good results. It is more likely that the first listings you’ll see in Google or on another search engine are those lawyers who have paid to advertise based on your search term. While there’s not anything wrong with that, it isn’t a sign of skill or popularity.
 
Rather than relying just on web searches, speak to your friends, family, and other people you trust. A referral is a great way to learn more about a lawyer. If you don’t know anyone who has used a South Carolina personal injury lawyer, then consider making a list of reputable lawyers in your area. Search online for reviews and then make an appointment with the ones you like.
 

Questions to Ask Your Personal Injury Lawyer

Don’t feel shy about bringing pen and paper to a meeting with a lawyer. In fact, a lawyer that treats their clients like a partner will respect your participation in the process. Feel free to bring any documents that help explain your case and take notes. If you’re nervous about asking questions, considering printing them out beforehand so you don’t forget.
 

What is your experience with this type of case?

During your consultation with a South Carolina personal injury lawyer, you’ll most likely cover the important facts about your potential case. Feel free to ask about similar cases they’ve handled and how many were tried or settled. A knowledgeable lawyer should be able to comfortably handle questions about his or her experience in the courtroom.
 

What are my chances of success?

When discussing your case with a potential lawyer, ask about whether they think your case might be successful. While their answer will be more of an estimate, it’s worth keeping in mind. A trustworthy lawyer will honestly speak with you about your case. They should treat you like a partner and help you understand any legalese that comes up.
 

What do your services cost?

When you choose a lawyer, you enter into a contract. You are asking for them to perform a service for you. Ask upfront about their fees so you make an informed decision. Is their fee tied to a successful outcome or is it a flat fee? Don’t be embarrassed about talking money—your lawyer is working for you.
 

Who will my point of contact be and how will I be contacted?

Before signing on the dotted line, make sure you understand who you will be speaking with and how they will contact you. Will you communicate directly with your attorney, or will a paralegal or associate be handling the communication? Will someone call you, or will they send a letter?
 

The Best South Carolina Personal Injury Lawyer is the One You Trust

You know that gut feeling you get when you meet someone and have a good conversation?  Generally, your instincts tell you whether you can trust someone or not. Being able to trust your lawyer—your advocate in the judicial system—is important. When you meet a lawyer you can trust and feel comfortable with, it’s a great sign.
 
If you don’t get a gut instinct when you meet someone, that’s ok. Listen to how they speak to you and pay attention to how you feel throughout your consultation. Someone who speaks to you like a partner, who honestly tells you about your chances, and who gives you information even before you ask the question—that’s someone you can trust to handle your case and fight in your corner.
 
If you’re in a search of a skilled South Carolina personal injury lawyer, make sure to shop around a bit and don’t settle for the first name in the Yellow Pages. You deserve the best representation from a firm that believes in you. Don’t settle—ask questions and carefully consider the answers and how they’re delivered.

Construction Accidents

Most Common Types of Construction Accidents

The Four Most Common Types of Construction Accidents

Let’s be honest: Construction is a dangerous industry. And we’re so thankful to those individuals who risk their safety day in and day to help build the beautiful homes we live in and the places we enjoy visiting. It’s a hard job that requires fortitude, skill, and know-how. Unfortunately, as mentioned, it’s a dangerous job—one that accounted for 23% of worksite fatalities in South Carolina in 2014. Across the country, construction site accidents were responsible for 20% of worksite fatalities in 2014. Of those 874 construction worker deaths, 58.1% were caused by the four most common types of construction accidents.

Construction AccidentsWho’s Responsible for a Construction Accident?

Construction accidents can be caused by a number of factors. Who’s at fault will depend on whether faulty equipment, a dangerous worksite, poorly trained co-workers, or poor conditions were involved.

South Carolina personal injury lawyer can help you determine who was at fault for your accident and whether you have a strong claim to move forward. Whether a malfunctioning crane or a poor-quality scaffolding caused your accident, a South Carolina personal injury lawyer will be able to investigate your options.

Four Most Common Types of Construction Accidents

These four types of construction accidents were nicknamed by OSHA as the “fatal four” in their commonly used statistics. Reducing these types of accidents could save over 500 lives nationwide. OSHA works hard to inform employers and employees about these risks and inspects worksites for safety. They continue to find failures nationwide.

Falls

The biggest cause of death on construction sites were falls. In 2014, 349 construction workers across the United States died on the job because of a fall. That’s 39.9% of all construction fatalities. Falls may be due to shaky scaffolding, slippery conditions, or path obstructions.

Electrocutions

Electrocution can be caused by poor wiring, unsafe work conditions, shoddy training, and defective tools and is responsible for 8.5% of all construction site fatalities.

Struck by object

An object dropped by someone else, falling from a crane or other piece of equipment, or falling because of improper hanging can injure or kill a worker or pedestrian. Of the 874 construction fatalities in 2014, 8.4% were caused by an object striking a worker.

Caught-in/between

Getting stuck between machinery, debris, and other large objects is another construction hazard and is the fourth biggest cause of death on construction sites, accounting for 1.4% of all construction site fatalities in 2014.

A South Carolina Construction Accident Lawyer Can Help You

You should not be held responsible for the mountains of medical bills that can accompany a workplace accident. If you are injured while doing your job and your employer is not compensating you to cover your medical bills or if you believe your employer may have been at fault for your accident, it’s important to consult with a South Carolina personal injury lawyer to learn more about your legal options.

Because of the dangerous nature of construction work, OSHA (Occupational Safety & Health Administration) has devoted an entire website to the construction industry. Much of the burden of compliance with OSHA standards is on employers, however, manufacturers of faulty equipment also bear responsibility for harmful or malfunctioning products. A skilled South Carolina personal injury lawyer who is well versed in construction accident law can help explain the OSHA requirements and help you decide how to move forward.

Your life was changed after helping provide new space for your fellow citizens—but you don’t have to face it alone. Call a South Carolina personal injury lawyer today and start planning for tomorrow.

South Carolina personal injury law jargon

South Carolina, Personal Injury Law, and the Statute of Limitations

South Carolina, Personal Injury Law, and the Statute of Limitations

 South Carolina, Personal Injury Law, and the Statute of Limitations.jpg

You’ve probably heard the phrase “statute of limitations” before, whether on your favorite legal procedural or in headline news. You probably even have a good idea about what the statute of limitations is. But did you know that there are separate statutes for criminal and civil cases and that these can vary by state?

What Exactly is the Statute of Limitations?

Before delving more deeply into the statute of limitations, let’s clarify the term. First, there is no one statute of limitations. In fact, while we use the term in the singular, there are actually many statutes of limitations. Different states have statutes of limitations for both criminal and civil law. Plus, the federal government has its own statutes for federal crimes.

Because of the vagueness that surrounds the term “statute of limitations”, it has featured in a few law procedurals as a plot point. Lately, with both Bill Cosby and Dennis Hastert in the news, it has also become a topic of conversation. The wounds of crimes can run deep and it is much harder for victims and the public to forgive than it is for the law.

The statute of limitations is several statutes that delineate when a person can be tried or sued for a criminal or negligent act. It protects the rights of the defendants by limiting the time that they can be sought out or tried for a crime. Like any law, they are not written in stone, though it would take quite a bit of bipartisanship to change the statutes in any state (or federally).

What’s the Difference Between the Statute of Limitations in Criminal and Civil Court?

While there are times that the statute of limitations for criminal and civil cases are the same, sometimes they differ. In South Carolina, they differ. Greatly.

In South Carolina, there is no statute of limitations for criminal prosecution. That means that a crime committed in South Carolina can be tried decades after it occurred. This may come as a shock to some who have heard the term statute of limitations thrown around as a reason for why a headline case can’t be tried in criminal court. Had those same crimes (whether murder, sexual assault, or larceny) been committed in South Carolina, a prosecutor with enough evidence could try them at any time.

Unfortunately, there is a statute of limitations that determines whether civil claims can be filed in South Carolina.

What are the Statutes of Limitations for Civil Cases in South Carolina?

South Carolina’s state government has a lovely website that provides citizens with access to its statute of limitations for civil cases. Unfortunately, if you try to read through it, you may get stuck on some confusing language.

South Carolina, however, has a pretty streamlined statute of limitations once all the lawyer-speak is removed. For most personal injury claims, including car accidents, medical malpractice, slip and fall accidents, wrongful death, and product liability, claimants have 3 years from the date of the incident to file suit. Victims of slander or libel have two years.

Do You Have a Claim Approaching the Statute of Limitations?

Have you considered filing a personal injury lawsuit but just haven’t gotten around to it amidst your doctor’s appointment and work? Hesitating to file can put you outside the statute of limitations. Consider consulting with a South Carolina personal injury lawyer to determine whether you have a case and what the best way to move forward is.

If you’ve been injured in a car accident or in a slip and fall, you have a small window of time to file a claim after your accident, especially if your accident necessitated long hospital stays. Speaking with a skilled South Carolina personal injury lawyer can give you the answers and guidance you need to file a claim.

You shouldn’t be living your life buried under medical debt if someone else was liable for your accident. A South Carolina personal injury lawyer can help you file a claim and work towards a positive outcome.

Proving a Slip and Fall Accident in South Carolina

Proving a Slip and Fall Accident in South Carolina

Did you have a Slip and Fall Accident in South Carolina? Here’s how to prove it.

 Proving a Slip and Fall Accident in South Carolina

Slip and fall accidents result in 8 million ER visits annually. For something that sounds so minor, there can be serious repercussions. Missed work, mounting medical bills, and serious injuries can change the course of your life. Thankfully, civil court can provide some recourse for those injured because of someone else’s negligence.

Slip and Fall Accidents and Civil Court

Slip and fall accidents fall under personal injury law. Because of their prevalence, they are generally the second most popular type of civil case after car accidents.

The injured party, also known as the plaintiff, makes a claim against the defendant, the person they believe to be responsible for their accident. But how do they prove their case? After all, it isn’t like a criminal case where there may be a police report of multiple witnesses willing to take the stand.

Proving Liability in a Slip and Fall Accident

In order for a claim to be successful, a judge or jury must find that the defendant was liable for the plaintiff’s injuries. There are three ways a South Carolina personal injury lawyer can prove liability.

If the defendant knew of a potential problem (uneven flooring, a leak that is causing a wet spot, a broken ladder, etc.) and failed to fix the problem or take reasonable safety precautions, then they may be liable for the plaintiff’s injury.

If the defendant did not know about the potential problem but should have and another person in their shoes would have been aware of the problem, then they may be liable.

If the defendant caused the accident through negligence (willfully or unknowingly; perhaps by leaving items in a known walkway), they may be liable.

Basically, a jury or judge must be convinced that the defendant was negligent, that their negligence led to your accident, and that you suffered sufficiently to be compensated for your injuries. In addition, your role in the accident will also be investigated. Was there a “wet floor” sign that you missed? Should you have known that the floors had just been waxed?

Does it Matter Where I Slipped and Fell?

The location of your accident can provide you with different legal options. If you suffered a slip and fall accident at work, you may be eligible for worker’s compensation and short-term disability pay.

If you suffered a slip and fall while shopping or on someone else’s property, they may have property liability insurance to protect themselves (and cover your medical costs) in case someone is hurt on their land.

Regardless of where your accident occurred, if your medical needs are not being met by worker’s compensation or an insurance payment, speaking with a South Carolina slip and fall lawyer can help you better understand your options and hopefully help dig you out from beneath a mountain of medical bills.

Choosing the Right South Carolina Slip and Fall Attorney

One of the biggest decisions you can make after deciding to pursue legal action is securing counsel. Consulting with a South Carolina personal injury lawyer shouldn’t feel like a chore. Rather, you should feel like you have someone in your corner. Someone who’s willing to fight for you and that has the necessary skills and knowledge to give you a better chance at a positive outcome.

When you consult with a South Carolina personal injury lawyer, make sure you feel comfortable. You need to trust your lawyer and feel like they have your best interest in mind. Your personal injury case can have many future ramifications for you and your family. Consult with a law firm with a proven track record of success.