Brain Injury Attorney Blog

A Ft. Bragg soldier is in serious condition today after being thrown 20 feet from his motorcycle. According to the police report, a vehicle driven by a 15 year old, unlicensed girl attempted to make a left-hand turn into a gas station. The girl turned her vehicle in front of a motorcycle, which caused the driver of the motorcyle to be thrown 20 feet from the point of impact.

As other motorists tried to avoid the soldier in the road, a five-car pile-up followed the initial car accident. The unlicensed girl and her 10 year old sister were not injured in the accident. It is not known at this time whether the driver of the vehicle will face criminal charges.

Since the motorcyclist was seriously injured due to the accident, he may benefit from speaking with an experienced personal injury lawyer in the area. If you or someone you know has been injured in an automobile or motorcyle accident, call one of the Myrtle Beach personal injury lawyers at The Mace Firm for a free consultation.

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Chris Hansen, the host of the show To Catch a Predator, has been caught cheating on his wife by hidden cameras. Hansen was caught taking the West Palm Beach reporter, Kristyn Caddell, to dinner at the Ritz-Carlton before heading back to her apartment to spend the night.

The National Enquirer filmed the pair heading to the restaurant and her apartment afterwards; they even caught the two on tape leaving her apartment the next morning. Caddell and Hansen met in March and seemed to have an instant physical attraction. According to an unknown source, they hit it off so well that they headed to Hansen's hotel room that same night.

Hansen's wife, Mary Joan, will likely hire a divorce lawyer if she decides to leave Hansen because of his infidelity. A good family lawyer will help her with divorce proceedings and division of their assets.

If you or someone you know is facing a divorce, call one of the experienced Myrtle Beach family lawyers at The Mace Firm.

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The driver of a truck owned by The John Davis Trucking Company of Battle Mountain, Nevada, crashed into an Amtrak train east of Reno, Nevada on Friday. The crash killed the driver of the truck and at least five other people. The John Davis Trucking Company has had 19 previous safety violations, including unsafe driving and operating a truck with tires so bald that vehicle had to be taken off the road, according to the National Transportation Safety Board. The company also had a fatal single-vehicle accident in May.

Today, federal officials hope to obtain records on the driver and begin collecting information on the company. On Monday, federal officials located a cell phone that they believe to be the cell phone of the truck driver. They will send the phone to Washington, D.C. to determine whether it was a factor in the train crash. Also, there is a video snapshot recorded by Amtrak just seconds before the accident. The video shows that all of the safety measures were in place and working properly.

There is one passenger not accounted for as of Monday night. Approximately 20 people were taken to hospitals in Reno and Fallon. Two people were in critical condition, four were in serious condition and three were in fair condition. The train was carrying 204 passengers and 14 crew members at the time of the accident. These people will likely need a good personal injury lawyer to assist them with getting medical bills paid and reimbursement for lost wages.

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On July 4, 2004, a Mobile, Alabama teen was driving a Kia and wearing her seatbealt when she lost control of the car, struck a sign and flipped over. During the car crash her seatbelt buckle failed and she was ejected from the car and died from her injuries. Shortly after the crash, her family filed a wrongful death lawsuit based upon a defective products claim.

Her father bought a 1999 Kia Sephia for his daughter's sixteenth birthday. Before he gave the car to her, he took it to the Kia dealership to have it serviced and all of the recall work done. He changed the tires and did all the maintenance needed to make it safe. Even though Kia corporate officials knew there was a safety defect with the seatbelt buckles, they failed to issue a recall and the original defective buckles remained in the car.

In December 2002, Kia issued a recall for only model years 1995 through 1998, even though the models manufactured from 1995 through 2000 all had the same buckle. There were 189,000 cars recalled in 2002 which left 251,000 cars on the street because the owners of these cars were not notified of the safety defect. In August of 2004, one month after the young woman died, Kia recalled the 1999 and 2000 models.

On June 23, 2011, a Mobile County, Alabama jury rewarded the family a $40 million wrongful death verdict against Kia Motors of America, Inc., Kia Motors Corporation, and DBI/Celltrion. This came after five years of litigation and two appeals to the Alabama Supreme Court.

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Negligence is a failure to exercise the care that a reasonably prudent person would exercise under the same circumstances. Negligence is the most common tort law and involves injuries caused by carelessness, not intentional harm. If someone is negligent and causes harm to a person, place, or thing he/she may have to pay any damages resulting from the injury caused by his/her carelessness. Our good Myrtle Beach injury lawyers have been handling negligence claims for years.

Examples of some negligence claims are:

1. Slip and fall (when a person slips and falls on someone else's property);
2. Serving alcohol to a minor or someone who is already intoxicated who then harms another person;
3. Driving too fast for conditions and injuring someone in the process;
4. Car accidents; and
5. Medical Malpractice.

Although there are many ways to prove that negligence happened you will need a personal injury lawyer to help you build the strongest case. The attorney will have to prove that the defendant had a duty of care, that the defendant breached that duty, that the defendant's breach of duty directly led to the plaintiff's injuries, and if these three elements are proven, the plaintiff will need to prove the damages.

Not only can the plaintiff ask for his/her medical bills, property damage and any lost wages, he/she can also ask for damages for pain and suffering and possibly mental anguish. As you can see proving negligence can be very difficult. Our Myrtle Beach personal injury lawyers are experienced in handling these types of cases and are here to help you or a loved one who has been injured by someone who has been negligent. Please call The Mace Firm to schedule a free consultation.

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The United States Supreme Court has found that indigent civil defendants facing jail time have no right to automatic counsel for child support contempt proceedings. This was relevant in a case this week involving a man, Michael Turner, who has served a year in prison because he failed to pay child support. Although free lawyers are not a requirement in these situations, each state must have procedures in place to determine whether the parent was able to comply with the support order.

In Turner's case, he was unable to comply with the support order because he was once addicted to drugs. Now that he is clean, he asks that the court give him a chance. The judge sentenced Turner to prison without any regard for his ability to pay child support. Finally Turner's appellate lawyer argued his client's right to counsel at his contempt hearing.

An article from the ABA Journal states "the 14th Amendment’s due process clause allows a state to provide fewer procedural protections to civil contempt defendants than in a criminal case, which is governed by the Sixth Amendment." In the case of Turner, a lawyer was not a requirement, but he claims he did not get due process.

If you or someone you know is involved in a custody case, our family lawyers in Myrtle Beach are here to help. Call one of our good Myrtle Beach family lawyers at The Mace Firm for a consultation.

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The civil court system allows victims of DUI injury to recover financial compensation for the injuries and other damages that may be caused by a drunk driver. The Myrtle Beach injury lawyers at The Mace Firm can pursue a DUI injury claim and help you recover compensation for your injuries, medical bills, lost wages, pain and suffering, and property damage.

If you were injured by a drunk driver and they were legally intoxicated, we can also ask for punitive damages. Punitive damages is monetary compensation in excess of actual damages and is awarded by a court against a defendant and is used as a deterrent or punishment. These types of damages can notably increase a settlement amount.

Additionally, if the the defendant driver was noticeably drunk and was served at an establishment that sells alcohol, there is another type of lawsuit in addition to the claim against the defendant driver that can be filed which is called a dram shop law suit. Dram shop laws establish the liability of the establishment that sold the alcohol to the defendant driver.

Our Myrtle Beach injury lawyers are here to assist you with your DUI injury claims so that you can concentrate on nursing yourself back to health. We will help you recover the maximum amount of compensation. Please call our office to schedule a free consultation.

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A Charleston woman's legs were burned severely by a firepot that malfunctioned causing it to shoot a fire ball toward the lower half of her body. The firepot, produced by Napa Home and Garden, is comprised of a ceramic pot with a stainless steel cup which holds a flammable gel. The gel is lit on fire and is supposed to repell insects to make outdoor time more enjoyable.

According to The Post and Courier, when the woman's husband lit the gel in the firepot on their back porch, the flame leaped several feet from the pot to where she was sitting on a love seat. Her husband jumped to her aid, wrapping his arms around her to smother the flames. He was burned in the process.

This particular firepot has also been reported on eight different occasions to have exploded or burned someone. Napa Home and Garden is standing behind their product and its warning labels, but consumers report the warning lables to be insufficient.

When a product malfunctions and causes an injury, whether it is serious or not, you may want to consult with a personal injury lawyer in your area. Our Myrtle Beach injury lawyer is experienced in cases where minor or serious injuries are involved. Call one of The Mace Firm's personal injury lawyers today for a free consultation.

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Divorce is never easy. What makes it even harder is when there are children involved. It is almost impossible to move forward with a custody battle without hiring a good family lawyer. Luckily most of us can battle custody with privacy; celebrities do not have that luxury. The most infamous celebrity custody battles involve stars like Britney Spears, Pam Anderson and Mel Gibson. Some of these custody battles lasted for years, which was surely not expected by the parties involved.

For instance, Dwayne Wade and his wife separated in 2007. He and his now ex-wife didn't settle their custody dispute until 2011. During the four years of the custody battle, his ex claimed she and their children were subjected to emotional and physical abuse from Wade. Wade was eventually granted custody of their children.

Sometimes a custody battle will bring out the worst in people. During her custody dispute, Britney Spears went through a public melt down and appeared to be mentally unstable so much so that her ex was awarded full legal and physical custody of their two children.

If you or someone you know is involved in a custody battle, call one of the Myrtle Beach family lawyers at The Mace Firm for a consultation.

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This week in Niagra Falls, a habitual drunk driver was caught for the seventh time. Timothy Flood, 46, pled guilty to felony DWI and criminal posession of a controlled substance in court on Tuesday. The Judge in this case informed Flood that he must make arrangements for someone to care for his young children because he will be going to prison. Flood will be sentenced in late September. Since Flood is a habitual drunk driver, he must have a good defense attorney helping him with his cases.

Also this week, a young man from Cheektowaga pled guilty to vehicular manslaughter. Christian Flagg was involved in an accident on Memorial Day that killed his best friend, 23-year-old Adrian Swain. Flagg had a blood-alcohol level of 0.17 when his vehicle stuck a utility pole and rolled over. Swain was not wearing his seat belt at the time of the accident.

With summer holidays coming up, drunk driving occurrances increase as well as drunk driving deaths. If you know someone who has been injured or killed in a drunk driving accident, they may need to hire a good personal injury attorney to help with the case. Our experienced personal injury lawyer in Myrtle Beach can assist you with your wrongful death claim.

Please call one of the personal injury lawyers in Myrtle Beach at The Mace Firm for a free consultation.

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It is well known that when a couple is in the process of divorce, it takes a toll on their emotional well-being. Divorce proceedings also have a negative affect on the finances of the people involved. Hiring a good family law attorney and dividing the couple's assets are a couple aspects of divorce that affect financial stability. Getting a divorce may even result in poverty, especially for women. Once a woman loses the financial stability of a marriage, she is more likely to become poor. According to cencus data, women living below the poverty line are 94% more likely to be recently divorced compared to other women. Women who receive noncash government assistance are 69% more likely to be recently divorced.

In South Carolina, spousal support is not always granted. It is the decision of the court whether one spouse should have to provide a sum of money to the other on a regular basis. Child support is based on each parent's income and may be granted if there are underage children involved in the divorce.

With all of the issues that arrise when filing for a divorce, it is wise to hire a good family lawyer in your area. The family lawyers in Myrtle Beach are experienced in dealing with divorce and child custody cases.

If you or someone you know would like more information about getting a divorce, please call one of the Myrtle Beach family lawyersat The Mace Firm.

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Dram shop is a legal term used for a bar, tavern, liquor store or similar business where alcoholic beverages are sold. Dram shop liability is the law governing the liability of these types of places. Dram shop laws establish the liability of businesses that sell alcohol to minors or visibly intoxicated patrons who leave the establishment and injure or kill someone due to alcohol related car crash or some other type of accident.

A party injured by an intoxicated person can sue the establishments that contributed to that person's intoxication. Dram shop law covers many types of incidents, not just car accidents. For example, you could be drinking with a friend at a bar, walk outside and one of you punches the other, the injured party can file a dram shop lawsuit against the bar.

Proving a dram shop case is not always easy. Under South Carolina Law, to prove that a bar is liable in a dram shop case, you must first prove that the bartender negligently served alcohol to a person who appeared to be intoxicated. If someone is at the last bar they plan to visit before going home, they may have only one drink and the bartender may say that the person did not appear intoxicated. There are ways to prove that the person was intoxicated and most likely showed signs of intoxication; however, you will need to hire a dram shop attorney so that he/she can make sure the proper experts are consulted.

A dram shop claim is only part of a case involving being injured or killed by a drunk driver. Dram shop cases are many times complex legal situations that may be very difficult for an unexperienced person to handle. If you or someone you know has been injured or killed by a drunk driver, please call one of the Myrtle Beach dram shop attorneys at The Mace Firm to schedule a free consultation.

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South Carolina Department of Social Services has updated how it will handle a federal law that "was designed to help provide out-of-state child protection agencies information about the environment of a home in which a child could be placed." These changes would have increased the odds that issues would be resolved in a case where a Conway man attempted to have his daughter returned to him from a New York foster home. This man's case has been going on for over two years.

According to an article from The Sun News, "National reformers don't believe the changes go far enough because there is no independent appeals process, something they have argued is necessary in every state, particularly in cases involving biological parents. Federal officials who oversee the Interstate Compact on the Placement of Children (ICPC) have said constitutional concerns, including the rights of parents to raise their kids, were not a priority when it was first implemented."

The article also states that "Most states don't have an independent ICPC review process, which is why most parents involved in such cases cannot go to a Family Court judge to dispute the findings of DSS. That places a higher level of power in the hands of a case worker than is the norm in other types of child protective cases."

If you or someone you know needs to hire a good family lawyer, please call one of the Myrtle Beach family law attorneys at The Mace Firm.

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Over the Memorial Day weekend, a local man was charged with reckless driving and three counts of hit and run. According to the police report, the man was involved in a hit and run incident which pinned a pedestrian between a vehicle and a building along Ocean Boulevard in Myrtle Beach.

After the car accident occured, officers interviewed witnesses and learned that a man driving a Chevrolet Caprice was speeding in the northbound lanes of Ocean Boulevard. The vehicle then struck another Caprice. The vehicle then hit a convertible car in front of the Blue Bay Resort and the crash caused that vehicle to hit a pole near the motel and pin a pedestrian between the car and building. The man who initially caused the automobile accident remains in jail without bond.

This summer, pedestrians and drivers in the Myrtle Beach area should take extra caution. As a pedestrian, remember to always cross the street at a crosswalk only when the area is clear of on-coming traffic. Drivers should be aware of pedestrians crossing the roads in busy areas of Myrtle Beach like Ocean Boulevard and Route 17 Business.

If your or someone you know is injured in a car accident, please call one of the South Carolina personal injury attorneys at The Mace Firm.

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