Brain Injury Attorney Blog

Earlier this week, a single-engine stunt plane crashed during an airshow, killing the 58-year-old pilot. It is not clear what caused the plane to crash. Another plane crashed in FL recently. During the opening ceremony for IndyCar's in St. Petersburg a T-28 Warbird crashed into the water and the pilot and passenger were treated for minor injuries. Last month, a Florida flight instructor and student were presumed dead when their aircraft crashed 150 yards off Bethune Beach. Another tragic accident happend at the end of last year in Florida. This crash ended up killing 3 and injuring one.

Plane crashes happen more often than we would like to think about. The worst ones are the crashes that end up taking a persons life. According to PlaneCrashInfo.com, 50% of all airline fatalities from 1950 to the present are caused by total pilot error, compared to 12% by weather and 22% by mechanical failure.

If you or someone you know has been injured or killed in a plane crash, please call The Mace Firm to schedule a free consultation with one of our good plane crash lawyers.

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This weekend in Myrtle Beach, a local children's store is helping the community by ensuring the proper placement of child safety seats in vehicles. Safety seats aren't just for babies; depending on the child's height and weight, they may require a child safety seat for the most part of their early lives. According to SCNow.com, "Child car seats are often used incorrectly. The American Academy of Pediatrics and The National Highway Traffic Safety Administration released new recommendations that children should stay rear facing until the age of two, instead of one, and children should remain in a belt-positioning booster seat until the child reaches 4 feet 9 inches."

Child car seats must be installed properly to keep the child safe during a car crash. "One study found that 72% of nearly 3,500 observed car and booster seats were misused in a way that could be expected to increase a child’s risk of injury during a crash. Experts say child safety seats reduce the risk of death in passenger cars by 71% for infants, and by 54% for toddlers ages 1 to 4 years." Each state in the U.S. has laws defining the age at which children must be restrained by a safety seat. The Insurance Institute for Highway Safety reports that, in South Carolina, children aged 5 years or younger must be in a restraint or booster seat. South Carolina also has one of the highest fines in the country for not obeying this law; the maximum fine is $150.

If you're unsure about a safety seat for your child, the NHTSA recommends that you 1) select a car seat based on your child's age, height and weight, 2) keep your child in the proper car seat as long as possible, and 3) keep all children under the age of 13 in the back seat of your vehicle. There are also certified technicians in your area that can inspect your car seat installation at no charge. Once you purchase a child seat, you can even have it registered so you will be notified of defects and recalls.

If you or your child is injured in a car accident, you will need to hire a personal injury lawyer. If this accident occurs in South Carolina, you can rely on a Myrtle Beach personal injury attorney at The Mace Firm.

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The Internet is a great place to meet people and stay in touch with old friends, but it can also be a place for married couples to get themselves into some trouble. These days, if someone wants to have a relationship outside their marriage, all they have to do is go online. There are even websites specifically geared towards men and women who want to cheat on their spouses, and even more disturbing, websites that appeal to singles looking to have a relationship with a married person. To make matters worse, a large percentage of women and men don't know and never find out of their spouse's infidelities.

The statistics surrounding internet cheating, and even cheating in-the-flesh, are alarmingly high. Besides the internet, there are a numerous amount of places people could seek to have an affair such as at their office or place of work, at the gym and even at the grocery store, to name a few. Studies done by many different resources have reported that 60% of married men are likely to cheat on their wives along with 40% of women. If the cheater ends up leaving their spouse for the other person and get married, the chance of the two getting a divorce is as high as 75%!

If you or someone you know has a cheating spouse, you may want to consider hiring a Myrtle Beach divorce attorney at The Mace Firm.

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Congresswoman Gifford is making an amazing recovery from the injury she suffered earlier this year. The gunshot wound to her head is not an typical brain injury and her recovery is extraordinary. Many injuries of this type will make recovery impossible. The best one can usually hope for is some type of communication after months of therapy. In Ms. Gifford's case, she has made great improvements in a short period of time. She has been using an Ipad and has begun to speak with friends and family. It is unclear as to how much more recovery she will make in the future, but it appears that she may actually make an almost complete recovery. Medicine and treatment for such injuries has improved to the level where such a recovery would not have been possible twenty years ago.
Treatment of any time of traumatic brain injury (TBI) is expensive to say the least. Many people with no insurance have to rely on government funds and support to get the bare bones treatment needed for some recovery. Even private insurance at times will come with a maximum amount of reimbursement for treatment. At times there may be a potential for a lawsuit to recovery for the injury, but this will only be a portion of the money necessary for proper treatment. Our brain injury lawyers spend a great deal of time explaining the cost of treatment based on our experience and the cost of possible future assisted care. We have personal injury lawyers licensed in South Carolina, Florida, New York and Georgia. We represent individuals and families that must endure the difficult time. There are many resources available for families and a good personal injury lawyer can help with the organization and use of these resources.

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You may wonder the reason why couples get married. Truth is, there is more than one reason they may do so. Hopefully the main reason is that they're in love and want to be together for the rest of their lives. When two people want to get married, they must make a decision on whether they wish to have a statutory or common law marriage. South Carolina is one of the few remaining states that still recognize common law marriages The differences between common law and statutory marriages are based on requirements. Common law marriages do not require a ceremony or a license. This type of marriage also requires that the two people reside together and must publicly represent themselves as being married. The couple can publicly represent themselves as married by filing joint tax returns, having a joint bank account, or list eachother as husband and wife on children's birth certificates. The only way to create a record of a common law marriage is to have two or more people who have knowledge of the couple's relationship file an affidavit in the county the marriage was contracted.

Unlike common law marriages, statutory marriages require a license and a ceremony. Statutory marriages are beneficial due to the fact that a record of the union is created, which may become helpful if there is a death or divorce. South Carolina law recognizes marriage as an economic partnership. Usually, assets acquired during the marriage belong to both the husband and wife.

If you are interested in a common law marriage instead of statutory, you must take steps to protect yourself in case the union ends due to death or divorce. You must have the affidavits filed and you must always keep a record of personal documents and anything that has both spouses' name on the documents. If your marriage, common law or statutory, is ending in divorce, it may be in your best interests to hire a family law attorney to give you the advice or assistance you may need to get through this difficult time.

If you or someone you know is terminating their marriage, contact one of the Myrtle Beach family law attorneys at The Mace Firm.

Continue reading " Married in South Carolina " »

With all the prescription medications on the market, it can be tough to find one that really works best for your medical condition. To make matters even more difficult, there are hidden dangers behind newly introduced prescription drugs. You and your doctor may not trust new drugs because they have not been on the market or given to the public so that side effects can be monitored. If your doctor prescribes you a drug that is new to the market, potential side effects may not have been observed yet. If the medication is released to the public and ends up causing terrible side effects, a recall may take place.

Prescription drug recalls are classified into three types, Class I, Class II and Class III. According to PrescriptionDrugRecall.com, "Class I pertains to recalls for unsafe or defective products that cause serious health problems or death. Class II deals with recalls for products that might cause a temporary health problem and have a low risk of creating a serious problem. Class III involves recalls for products that violate FDA labeling or manufacturing regulations. Examples include a container defect, wrong color, or odd taste." The website also reports that "in typical cases, prescription drug recalls are voluntarily handled by the drug manufacturers. When companies realize their products are defective or dangerous, they issue recalls on their own. If the FDA gets involved, it can request a recall, which companies usually follow. This is the fastest way to remove a harmful drug from the market."

What if you have been prescribed a drug that gets recalled? You will need to contact your doctor's office to inform them of the recall. You will also need to monitor your particular side effects to make sure you do not need serious medical attention.

If you or someone you know has suffered permanant injuries or death from taking a medication that gets recalled, you may need to find a personal injury attorney. If you need to talk with someone about your case, please contact one of the Myrtle Beach personal injury attorneys at The Mace Firm.

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There are many reasons people end their marriages, but one of the most common grounds for divorce is adultery. I'm sure we all know someone who was involved in or is currently in a marriage that has been effected by adulterous behaviors, whether it be in real life or on television. You may wonder what steps to take if you suspect your spouse is cheating. You may also want to know how the law handles adultery in your particular state.

If you suspect your spouse is having an affair, you will want to make sure you have proof before you confront him or her. You may even need to hire a private investigator to follow your spouse and catch them behaving inappropriately with the other person. If you wish to file for divorce after you have solid proof your spouse has cheated on you, you may need to hire a family law attorney.

According to the third edition of Marriage and Divorce Law In South Carolina, "proof of adultery must be clear and positive." Required evidence includes proof that your spouse was with someone else holding hands, kissing, or engaging in other conduct that would lead an onlooker to believe that that the two are romantically involved. Surprisingly, adultery is punishable by a fine or even jail time, but "prosecutions for the crime are almost never undertaken and the Solicitor for each judicial circuit has the discrection to decide whether to prosecute someone for committing adultery."

If you or someone you know suspects their spouse of cheating or has proof their spouse has engaged in adulterous behaviors, contact one of the Myrtle Beach family law attorneys at The Mace Firm.

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As we all know, once the temperature starts to increase in the South, so does the traffic. It becomes nearly impossible to get anywhere quickly with all of the vacationers on the roads. It is safe to assume that with the increase in traffic, there will likely be an increase in auto accidents in South Carolina. There are more than six million car accidents each year in the United States. Many of these accidents happen due to factors such as cell phone use, alcohol or drug use, and speeding, to name a few.

In South Carolina alone, the National Highway Traffic Safety Administration reports that there were close to 900 traffic fatalities in 2009. Of those accidents, 377 were alcohol-impaired driving fatalities. According to DrivingLaws.org, "It is illegal in the State of South Carolina to drive with a blood alcohol concentration (BAC) of .08 percent or above. For drivers under the age of 21, it is illegal to drive with a BAC of .02 percent or above." When someone gets pulled over for suspicion of DUI, they are asked to submit to a chemical test.

Texting and using cellular devices are becoming a growing concern for drivers. Only 14 states currently have laws banning texting while driving, but "banning the use of text messaging devices while driving has gathered considerable steam over the last couple of years," according to YourLegalGuide.com. Texting while driving is very dangerous, especially for teens. The website also reports that "motor vehicle accidents are the leading cause of death for Americans between the ages of 16 and 20, killing more than 5,000 people in this age group each year."

If you or someone you know has been injured or killed in an auto accident, please call one of the Myrtle Beach personal injury attorneys at The Mace Firm today.

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This week I watched a Family Court Judge rule Facebook accounts to be “shut down,” because “children don’t need to be on Facebook.” While I agree that children and social media should be monitored and regulated, I must believe that a parent is most equipped for such and that no amount of “shut down” will stop a determined tech-savvy someone from doing just about anything online.

So what is this attack on Facebook really about? An article was published this week by ScienceBlog.com that Facebook is now linked to one out of every 5 divorces in the US, according to a study by the American Academy of Matrimonial Lawyers. That’s divorces; that doesn’t even count the child custody and visitation cases. It isn’t that Facebook is inherently evil or intrusive. It is a tool for people to connect to one another, just like a cell phone or an email account. It is all about how you and your family use and regulate its use in your home.

If you are in the midst of a divorce and child custody matter you have probably already investigated into your partner’s Facebook account or online presence. You can glean valuable information for preparing your case just by digging around online, just as you can by viewing their phone records, text messages, or emails.

If you are in the midst of a divorce or contemplating filing for divorce or custody, contact a South Carolina family law attorney to assist in all your family law needs. We will help you uncover the truth and build a strong case to protect yourself and your interests.

It is hard to get on the internet without coming across an article about the latest celebrity divorces. The most recent involves Ashlee Simpson-Wentz and Pete Wentz, who announced their plan to divorce this week. The couple have one child resulting from their marriage, a son, Bronx, who is now 2 years old. There are minimal reports of conflict between the couple leading up to the announcement of their split. According to E!, "Ashlee is seeking joint legal custody but sole physical custody of Bronx, with child visitation rights for Pete. She is also seeking spousal support and is asking to restore her name to Ashlee Simpson."

Another newly-divorced couple is Kelsey and Camille Grammar. The Grammar's have been married since 1997 and have two children together. Kelsey and Camille also shared a property which has an estimated value of $20 million. According to MSN.com, "[the couple] will settle financial issues at a later date." To add to the drama, there are rumors that infidelity played a role in the split since Kelsey is now reporting that he plans to marry his new girlfriend sometime in February.

There are many things that must be considered before filing for divorce including, but certainly not limited to, residency and filing requirements, counseling and mediation requirements and determining child custody or child support. It is hard to imagine all the work that goes into filing for divorce when celebrity gossip makes getting a divorce seem like a quick and easy process. Unfortunately, that is far from the truth. In reality, a lot of time and emotional energy will be spent during and after your divorce, especially if there are children involved.

Break-ups are extremely difficult to get through on your own, whether you're a celebrity or not. This is the time when it is appropriate to get a divorce lawyer involved. If you are in need of a family law attorney to handle your family law case, call The Mace Firm today.

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As the warmer months approach us, we all try to find something fun to do outside with our families. Going to an amusement park like Six Flags or even a county fair may sound like a great idea, but you may want to think twice before spending a warm summer day at an amusement park. Every year there are over 8,000 amusement park injuries related to amusement rides, according to SafeParks.org. The website also reports that "toddlers, preschoolers, and elementary school-aged children account for half of all ride-related accidents and three quarters of accidents where a rider falls or is forcefully ejected from an amusement ride." Unfortunately, its not just rollercoasters that are to blame, adults and children can also be injured on water slides, inflatables and go-karts.

Recently, according to RideAccidents.com, "In Marana, Arizona, two girls were tossed out of an inflatable jumping castle when a gust of wind carried it at least 100 feet through the air. One girl was tossed out onto the ground and suffered only minor injuries; the other was ejected onto the roof of a neighbor's house and suffered serious injuries, including head injuries." Another report involves improperly attached devices on a ride, "One man was killed and a 17-year-old girl was seriously injured while they were riding a ripline-type ride at an amusement park in Lake Ozark, Missouri. The accident was a result of an incorrectly attached harness."

Putting your personal safety in the hands of amusement park operators could potentially be a scary thing. Even though there are tons of amusement park injury reports every year, its not just your children whose saftey is at risk. Employees of parks are at risk too. "At a carnival in Kentucky, a 33-year-old man died of injuries he sustained while trying to fix an amusement ride which had stopped. The man climbed into the ride and started it with the manual handle. When the ride started, it crushed the man as it rotated about him." If you or a family member is injured or killed at an amusement park, you may find that you need legal representation. When an unfortunate amusement park accident happens, you should know you can trust the South Carolina personal injury lawyers at The Mace Firm.

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In the news lately, there has been a lot of coverage on the child custody drama surrounding actor Charlie Sheen. According to CNN.com, "Authorities removed Charlie Sheen's twin boys from his home after his estranged wife filed a restraining order. Sheen said authorities arrived at his home Tuesday night just as the boys had been put to bed. He said he remained calm and videotaped the entire episode." Charlie may even be accused of being an unfit parent considering the fact that "[he] now shares his home with two girlfriends, whom he calls 'goddesses'. One is a model, the other an actress in pornographic films," CNN.com reports. Sheen has also had multiple run-ins with the law throughout his life, mostly because of his involvement with drugs and alcohol.

Sheen has had a few interviews on television which addressed some of his recent misfortunes. In one of the interviews, he sends a message to his ex-wife and mother of his twin sons, "I want you to reach out to me and tell me where our sons are, I'm sorry you felt it had to be done this way. I think cooler and smarter heads can avail." Family cases such as the heated custody battle Sheen finds himself in can become extremely long and painful for all parties involved. Sometimes, custody cases can be settled through negotiation and mediation. Other times, cases may have to go to trial. This is when you will need to hire a family law attorney.

It is very important to keep your child's best interests in mind throughout this process. Always try to be a good, well-rounded parent. Having arguments and speaking poorly about your ex in front of the children will only have negative effects. You must also remain calm and be truthful at all times and remember to trust your child custody lawyer. If you or anyone you know is involved in a child custody case, call one of the Myrtle Beach family law attorneys at The Mace Firm today.

Continue reading " Charlie Sheen's Custody Battle " »