Brain Injury Attorney Blog

According to the WMBF News, Justin McKay, only thirteen years old, was the victim of a drowning at the Darlington City Pool. His teenage cousin is currently being hospitalized at a local hospital in the area and is in critical condition. It was reported that there were three life guards on duty when the incident occurred. The senior life guard decided to evacuate the pool due to inclement weather. Once the pool was empty, they noticed the two boys at the bottom of the pool. An investigation is being conducted by the South Carolina Law Enforcement Division and the Darlington County Sheriff's Office and an autopsy has been scheduled. This was allegedly the first day the pool had been open for the summer.

This is an unfortunate situation for all individuals involved, especially the families of these young children. The cause of most drownings are improper safety measures and a lack of regulations. In the instant case, the lifeguards may not have had adequate experience and training. Reportedly, the pool was very crowded, most likely making it difficult for the lifeguards to see the two boys. It is difficult to discern the exact cause at this early stage; however, it cannot be denied that negligence has played a factor. If the pool was too crowded, the life guards should have identified the problem initially and this tragedy could have easily been avoided.

When a preventable drowning occurs, it is difficult to find justice within the system. Usually, the family members of the victims may decide to pursue a civil action against the persons at fault when little can be done on a criminal level. Often times, this can motivate higher safety precautions and minimize situations like this from occurring. We understand the pain and suffering this can cause for a family, which is why we choose to reach out to each of our clients on a personal level. If you need to speak with someone concerning a personal injury or wrongful death action, our South Carolina civil attorneys are here for you.

Continue reading " Wrongful Death " »

In Minnesota this week a semi-trailer carrying 17 million bees was involved in an accident. This accident caused some of the 7,000 bee hives on board to spill some dangerous cargo on to the Interstate. Emergency crews had to clean up the mess using fire houses to scare away the angry bees. The accident happened just near Minneapolis. Several rescue crew members were injured whilst trying to clean up the mess. Unfortunately one person died in the accident, while another was airlifted to a nearby hospital. You can never be too careful of the dangers present on the roads, and this is a prime example of that.

Anyone involved in the accident should consult a good civil attorney to represent them. That way they can receive the compensation that they need in order to cover medical bills and other expenses. A good civil attorney in Myrtle Beach, Russell Mace has fought many cases for the little guy in Florida, Atlanta and South Carolina. He is an excellent South Carolina civil lawyer. Russell Mace can be contacted at (843) 839.2900.

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In South Carolina the minimum coverage for your automobile is 25/50/25. The first two numbers refer to bodily injury limits and the last number refers to property damage. This means that if you were to get into a car accident, each person would receive a maximum of $25,000 with only $50,000 per accident. This minimum is mandated by S.C. Code § Ann 38-77-140. Uninsured Motorist is also mandatory, but you should have more than minimum coverage which is also 25/50/25.

The following are a few options for car insurance that I believe you should have. Personal Injury Protection/Medpay which would pay your doctor bills no matter who is at fault. There is also Under Insured Motorist coverage (UIM) which would cover you if the at fault driver does not have enough liability coverage to cover all of the damages. The next optional insurance coverage is Comprehensive/Collision which would allow you to pay a deductible to get your car repaired for damages other than a car wreck like hail, fire, theft, weather, etc. The last type of coverage that you should have, but is optional is GAP coverage. This covers the difference between what the insurance company says your car is worth and the amount left on your loan.

According to a study done in 2005 by the South Carolina Department of Public Safety, there is one traffic crash every 4.6 minutes. It is important to be prepared for the negligent person who is not following the law or who does not have enough coverage. The insurance salesman can adjust the limits to suit your needs and your budget.

If you have been injured in an car accident, please call one of our South Carolina attorneys for a free consultation.

Continue reading " Do You Have Enough Auto Insurance Coverage? " »

Arizona Policeman have been given the power to undertake immigration checks on citizens. This has many legal residents believing that they may be discriminated against due to their background. Many Hispanic citizens and legal residents are worried that they may face racial profiling by local police. They believe that because of their heritage that they are being singled out by police. They are being stopped for what some consider being ‘questionable’ reasons. Their must be considerations about the way police ‘pick’ the suspects. For example will they be questioned based on the color of their skin? If someone resembles a Latino are they going to be more likely to be questioned?

The laws will be a hassle for anyone who has permanent residency or citizenship and constantly has to prove it to the authorities. To gain permanent residency you must consult a good immigration lawyer that has experience with getting green cards. Nicole Mace deals with applications for Permanent Residency as well as Naturalization. Nicole Mace can be reached at (843) 839-2900.

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Nursing homes may be the best place for aging parents and grandparents who require constant care. Most nursing homes have many qualified nurses and doctors who are at the home at all times monitoring what your parent or grandparent is doing. South Carolina nursing homes are highly regulated by the government and many times paid for by Medicaid or Medicare making them a popular destination for someone on a fixed income.

Although these homes are extremely regulated by the government, the government does not have the wherewithal to oversee homes for negligence. Throughout the United States the numbers of nursing home negligence stories continue to rise at a frightening rate. Not only is the staff not properly supervising the elderly patients, but mentally ill patients and criminal offenders of all ages are being placed in nursing homes due to the closing of state mental health institutions which is causing patient on patient assaults.

It is often up to family or friends of a loved one who has been placed in a nursing home to report any signs of abuse or neglect. Nursing home abuse in South Carolina is a severe problem. It is the responsibility of the nursing home to provide a standard of care for your loved one. If you are concerned about a friend or family member being abused or neglected, contact Russell Mace at The Mace Firm. Mr. Mace represents victims of nursing home abuse and their loved ones.

Medicare Nursing Home Resident Rights

Our nursing home abuse lawyer is ready to help, please call 843-839-2900.

Continue reading " Negligence in Nursing Homes on the Rise " »

Divorce is not easy, but planning for your divorce will help you make more positive decisions and can help reduce some of the stress that comes along with the divorce process. Below is a list of some things to think about when preparing for a divorce.

1. Make sure you have copies of any and all financial paperwork you may need, including but not limited to, mortgage accounts, bank accounts, credit card accounts, pension accounts, and insurance policies.

2. Make sure that your taxes are up to date and make copies of atleast the last five (5) years tax records.

3. Make sure your finances are in order, do not count on child support or alimony to take care of your finances.

4. If you are covered under your spouses medical coverage, before filing for divorce, make sure you and your children have had all of your medical and dental checkups.

5. Document all of your valuables so that if something becomes missing you will have proof that it existed. The best way to do this is with photographs or video.

6. Consult an attorney. An attorney can help you better prepare for your divorce and can also tell you your options. They will also be able to give you an estimate of what your divorce may cost so that you can begin saving.

If you need advice for your divorce or would like to know your options, please contact one of our Myrtle Beach, South Carolina divorce lawyers at The Mace Firm for your consutation. Our attorneys have handled many divorce cases and are extremely qualified to handle your situation.

Continue reading " How to Prepare for Divorce " »

The United States Customs and Immigration Service announced that a new ‘Green Card’ has been developed for Permanent Residents. The new Green Card will come into effect immediately, for anyone applying for Permanent Residency or renewing their Permanent Residency. The new identification cards have a handful of new features including Optical Variable Ink, Embedded Radio Frequency Identification Device, Laser Engraved Fingerprint and Unique Background Design. These changes will help reduce fraud with illegal immigrants.

To obtain a Green Card you should consult a good immigration lawyer. The lawyer will help you through the lengthy process of gaining permanent residency. Permanent residency is the same thing as a green card. The green card is the identification document you will get upon gaining permanent residency. The immigration attorney will consult with you, consider the best approach and then file your application on your behalf. Once the application is filed, your immigration lawyer will represent you in any other issues that may arise, as they quite often do. So consult a good immigration lawyer today and get the ball rolling on your application for a Green Card.

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No. According to the South Carolina Bar, one attorney is not allowed to represent the best interests of both parties. The reason is because the husband and wife are potentially adversarial. What may be in the best interest of the husband may not be in the best interest of the wife, and vice versa. If an attorney were to try and represent both parties, that would be called a conflict of interest.

Although a divorce attorney cannot represent both parties in a divorce, he/she can and do draft settlement agreements for both parties to sign. The attorney can also give the other party any forms that need to be completed, but cannot give them advice. Advice can only be given to the person who hired the attorney.

If you need to seek the advice of a divorce attorney, please call one of our South Carolina Family Law attorneys at The Mace Firm to schedule a consultation or click on the link to our website www.themacefirm.com.

Continue reading " Can One Attorney Represent Both Parties in a Divorce? " »

Yet another federal lawsuit has been filed against Toyota after a February crash. Michael Noble crashed his mother's 2006 Tacoma into an embankment and rolled. Some people thought he was horsing around when the incident happened. Michael was turning right onto another road when the Tacoma accelerated and fishtailed out of control.

Toyota issued a recall on Tacomas because the floor mats were sticking to the accelerator, but Amanda Noble had replaced her mats before the recall. Michael pleaded to driving a defective vehicle after State Farm interviewed witnesses and passengers and determined the truck had unintentionally accelerated.

As of two weeks ago there were 342 state and federal lawsuits related to unintended acceleration pending against Toyota. There could be as many as 8 billion defective Toyotas.

If you or someone you know has been injured because of a defect in a Toyota or any other type of vehicle, contact one of our South Carolina Federal or State Attorneys to schedule a free consultation. Our attorneys are also licensed to practice law in South Carolina, Florida, and Georgia.

Continue reading " Federal Lawsuit Against Toyota " »

With the wrap up of bike week in Myrtle Beach, the debate has once again been sparked about motorcyclists wearing helmets. There are many on the side that disagree with helmets, especially those that have visited for Bike Week and a lot that did not visit. Many people have claimed that Bike Week has seen a drop in the number of visitors since the City of Myrtle Beach introduced helmet laws two years ago. This does only apply to Myrtle Beach or to anyone under twenty years of age in South Carolina. But our neighbors in North Carolina, Georgia, Virginia, Alabama and even Tennessee have a Universal Law for wearing helmets. In fact twenty states and the District of Columbia require motorcyclist to wear a helmet. 27 states, including South Carolina have partial laws, whilst three have no law whatsoever. So are South Carolina’s laws to soft? Firstly you must look at the riders. You are 37 times more likely to have an accident per mile when riding a motorcycle. Statistics also show a reduction in the risk of death by 39% when wearing a helmet.

By far the biggest concern would have to come from the families of those riders. I’m sure the mother of any motorcyclist would feel much more comfortable with their child wearing a helmet. This debate was again sparked with the death of a motorcyclist on Highway 17 last week. If the rider was wearing a helmet, would they still be alive? If another motorist was at fault on the road, then the riders family may have cause for litigation. A good South Carolina Attorney would need to be contacted. Russell Mace is one such Myrtle Beach lawyer, with years of experience. Russell Mace – Attorney can be reached at (843)839 2900.

Continue reading " Should South Carolina Motorcyclists wear helmets? " »

There are rumors that Larry King and his wife have reconciled. They recently separated after news that Larry King's wife committed adultery. There were also reports that King may have had an affair with his wife's sister. The couple did not have a prenump.

The couple was supposedly headed for divorce after reports surfaced that King's wife's alleged lover was giving interviews on television. Both parties hired aggressive divorce attorneys to represent them, but are holding off on filing pleadings in Family Court in the hopes that they can work things out. They are currently receiving marriage counseling.

In South Carolina, Adultery is engaging in intimate relations with someone other than one's spouse. Adultery must be proved by a clear preponderance of the evidence, in other words, that the adultery actually occurred. The other fault based grounds for divorce are physical cruelty, habitual drunkeness and desertion.

In order to prove this fault based ground for divorce in South Carolina, the moving party must have proof of opportunity and inclination. You need more evidence than merely showing a couple spent the night in the same hotel. For example, evidence that a couple actually spent the night in the same bed in a hotel room may be enough to prove adultery. On the other hand, a couple spending the night together in a home could merely be roomates.

If you believe your husband or wife is having an affair, you my want to consider hiring a private investigator. A divorce attorney in South Carolina will be able to explain to you what evidence is needed. Also, a Myrtle Beach divorce lawyer will be able to recommend an investigator to follow your spouse.

Continue reading " Larry King Reconciliation? " »

There are five grounds for divorce in South Carolina. They are adultery, habitual drunkeness, physical cruelty, desertion, or living separate and apart for atleast one year. The first four are when someone is at fault for the divorce and the last is grounds for a no fault divorce. At fault divorces have to be proven with some kind of documentation.

If you are dealing with any of these situations, please contact one of our family law attorneys in South Carolina to set up a consultation at 843-839-2900.

Continue reading " What are Grounds for Divorce in South Carolina? " »

Driver distraction is one of the leading causes of automobile accidents. Text messaging is one of the leading distractions to drivers today. Many auto accidents have been linked to text messaging and cell phone use. Studies show that your reaction time drops significantly while texting and you are six times more likely to crash while texting.

Texting while driving is not only very dangerous, but also negligent. When a car crash has been caused by someone who is text messaging while driving, there may be grounds for a personal injury or wrongful death lawsuit. Russell Mace, who is a Myrtle Beach attorney, is extremely skilled in handling these types of cases. If you or someone you know has been hurt in such an accident, please contact The Mace Firm in Myrtle Beach, South Carolina to schedule a free consultation.

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It has happened again here in Myrtle Beach. Another motorcycle rider has been killed by a driver. This happens every year in Myrtle Beach during bike week. In this case a young man, James Marlow, was reported to be waiting to make a turn on his Harley Davidson when he was struck and killed. This young man was from Florida and apparently had been to the Myrtle Beach area several times. There does not appear to be any indication that the driver was intoxicated at the time. In prior years several bikers have been killed by DUI drivers in the Grand Strand Area. This is a horrible accident and the young man died from the trauma of the accident. There appears to be no way for the government to stop these types of accidents. Drivers in this area do not seem to realize that there are a couple of weeks every year that our streets have hundreds of motorcycles. Regardless of the fact that a motorcycle was involved in this case, the driver may have hit whatever had been in front of her.
Our Myrtle Beach attorneys have represented the families of these victims. It is a horrible situation for the families. They are presented with the death of a loved one from a needless accident. There is no mechanical failure, just human negligence. Marlow's passenger on the motorcycle, Heather Cook, was his girlfriend. She is listed as in stable condition at the Grand Strand Hospital. Hopefully she will make a full recovery, but she will never be the same after being in this accident. Having represented families and victims of these accidents, we hope and pray they will make it through this process.

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Many US Citizens get married to a non-citizen from a foreign country. As a spouse is an “immediate relative” they are eligible for an immigrant visa immediately. Other immediate family members can also apply for an adjustment of status. Immediate family members are defined as spouses, unmarried minor children under 21 years old and parents of US citizens (that are at least 21 years old). Once the couple is married they would need to consult an immigration lawyer and start filing for adjustment of status, to become a permanent resident. A permanent resident is the same as obtaining a “Green Card”. From filing the first forms and filing fees, you move onto the biometrics step. Biometrics include taking your picture, signature and fingerprints to conduct security and background checks. If you are eligible you will then have an interview with a USCIS officer and your spouse. Often they will separate you and your spouse for the interviews to ensure that you story checks out. As long as no other information, payments or interviews are needed, you will receive the decision in writing. Overall this process can take months, so it is best to consult an immigration lawyer to prepare your case.

A good immigration lawyer can prepare your application for you, and help ensure it gets filed timely and in a proper manner. Consulting an immigration attorney is the first step in gaining your green card. Attorney Nicole Mace is an immigration lawyer in Myrtle Beach who deals with permanent residency and citizenship cases. Nicole mace can be reached at (843)839-2900.

Continue reading " I married to a US citizen, how do I get my green card? " »

One of the most commonly asked questions in a child custody case is how much will child support be. The amount of child support will be based on the South Carolina Child Support Guidelines. Child support takes into consideration both parents gross income and the number of children. Daycare and health insurance is also considered. If one parent does not have a job, minimum wage will be imputed. The South Carolina Department of Social Services Child Enforcement Division has an online child support calculator as well as the actual child support guidelines which lists everything that is considered in child support calculation. This calculator can be used to get an approximate child support amount.

If you are having an issue with child support or child custody, please contact Nicole Mace at The Mace Firm to schedule a consultation.

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If you have suffered injuries as a result of a car accident you probably have many questions regarding lost wages, medical bills, and pain and suffering. Listed below are some of the most frequently asked questions regarding your rights and compensation if you have been involved in a motor vehicle accident.

1. What should I do first after being involved in an automobile accident?
Call the police or the emergency medical personnel immediately. Once everyone is safe, information can be obtained regarding all of the parties involved.
As soon as possible when it is safe to do so, your insurance company should be informed about the accident.

2. How will my medical bills get paid?
In South Carolina, if you have purchased med pay with your auto insurance, this will cover you and the other passengers in your car regardless of fault. If you have not purchased med pay, you will need to use your health insurance.
If you were on a bicycle or a pedestrian, the medical bills will be paid by the auto insurance that insured the car that was at fault.

3. Do I have to reimburse the health insurance company if I receive a settlement?
If your medical bills exceed your medpay amount on your auto policy, the health insurance company may be entitled to reimbursement from your settlement.

4. Will I be compensated for pain and suffering?
If the injuries you sustained were caused by another party’s negligence, you may be entitled to additional compensation.

5. What can I expect to recover for my car accident injuries?
The value of your claim depends on various factors. No lawyer can responsibly evaluate a claim until the your doctor says you have reached maximum medical improvement. This does not mean that you will return to your pre-accident condition, it means that the doctor does not anticipate any changes in your condition. Once the personal injury lawyer has received confirmation of maximum medical improvement from your doctor, your attorney will advise you as to the potential value of your claim.

6. How will I pay the personal injury lawyer?
When you hire your personal injury lawyer, you will sign an Authority to Represent which will state the fee agreement. Because most people do not have the money available to pay a lawyer in connection with a personal injury claim, the lawyer will work on a contingent fee basis. This means that the auto accident lawyer will agree to accept a percentage of the amount recovered. This fee is usually one-third of the settlement.

7. How long will the case take?
The amount of time to resolve a personal injury claim varies from case to case. If there are serious injuries and complex theories of liability, the case could take years to settle. On the other hand, if there are less serious injuries and more obvious liability, the case may be settled in a matter of months.

8. Will I have to go to court?
Most personal injury claims are settled before going to court; however, an experienced personal injury lawyer must be prepared to bring the case to trial if an acceptable settlement cannot be reached. Your personal injury lawyer will advise you as to which option is best for you.
If you have been injured in a car accident, remember:
• Seek the advice of a personal injury attorney;
• Communicate with your personal injury lawyer regularly; and
• A properly handled case takes time to prepare. Do not rush the case.

Continue reading " What to Expect if You’ve Been Injured in a Car Accident in South Carolina " »

In an effort to boost numbers in the United States Army, they have been offering a path to citizenship or naturalization for permanent residents. The permanent residents can join the military and have their citizenship quicker and easier than if they were to wait the three years for marriage, or five through other means. Just this week 52 became naturalized as a part of “Military Appreciation Month” with USCIS. This adds up to over fifty thousand that have become citizens since September 2001. These new citizens have seen action in Afghanistan and Iraq.

This is not an option for everyone. Some people want to gain permanent residency or citizenship through work or family. When you get married to a US citizen, you may become eligible for permanent residency. Becoming a permanent resident through your spouse cuts the waiting period down to three years before you can gain Citizenship. Normally this is at least five years. Filing for a change of status is a lengthy process, and it is best to consult a qualified immigration lawyer.

Continue reading " Soldiers become citizens " »