Brain Injury Attorney Blog

Police suspect an arsonist may have started a smokey Florida brush fire that blinded drivers on Interstate 75 south of Gainesville, turning the highway into a death trap late Saturday night and into Sunday morning as drivers of cars and tractor trailers smashed into each other. 10 people were killed and 18 were injured; many remain in the hospital. "If it were arson, and we could determine who caused the fire, it would be manslaughter," Art Forgy of the Alachua County Sheriff's department said. Officials believe that this fire was intentionally set because there had been no reports of controlled burns or lightning strikes in the area.

Some vehicles involved in this crash caught on fire. According to authorities, one of the first vehicles to go up in flames was a FedEx truck. The vehicles were so mangled and burned that it took investigators more than 24 hours to identify the dead.

Only daylight would reveal the scope of the tragedy. For the majority of Sunday, traffic had to be diverted around the scene as authorities worked to recover the dead and try to figure out how the first wreck happened. The highways had been closed for a while before the crashes due to low visibility but were reopened. Now in the aftermath, many wonder why.

"We were aware that we had some bad conditions there. We were monitoring it, but we don't have a crystal ball. You know, as far as what we could have done, we took a proactive stance and you know we're always open to doing things better," a Florida State Trooper said.

According to the Centers for Disease Control and Prevention, car crashes are the leading cause of death among those age 5-34 in the United States. If you are injured in a car crash, you may want to speak with an experienced personal injury attorney in your area. The personal injury lawyer will help you recover damages related to your accident.

Call one of the Myrtle Beach personal injury lawyers at The Mace Firm to schedule your free consultation.

Continue reading " Florida Crash Kills 10 " »

Approximately 2,096 children in the United States, ages 14 and under, die from accidental injuries in the home each year and 3 million kids are treated in emergency rooms for accidental injuries that occurr at home. In 2004, approximately 2,300 children ages 14 and under died from unintentional injuries that occurred in the home and nearly 80 percent of these deaths were among children ages four and under. Most fatal injuries at home are caused by malfunctioning childrens toys, fire, suffocation, drowning, choking, falls, poisoning or firearms discharged unintentionally. If your child is injured due to a malfunctioning product, you may be able to file a personal injury claim.

Parents are urged to check homes for basic safety precautions. It is obvious that children need active supervision, but when you child-proof your home, you are provided with extra protection and peace of mind. The first step in child-proofing your home is to explore every room at your child's eye level. You should get down on your hands and knees to see how many small objects you can pick up. In addition to this, keep all cleaning products, medications, alcohol and firearms out of reach of your child.

Always supervise children while they’re in the bathroom. Set your water heater at 120 degrees and test the bathwater with your wrist or elbow before putting your child in it. Keep toilet lids closed and locked, and doors to bathrooms and laundry rooms closed. When not in use, put razors, curling irons and hair dryers out of reach. Never leave young children alone in the bathtub; a child can drown in a matter of seconds.

Ensure your baby has a safe sleep environment. Minimize your baby’s risks of Sudden Infant Death Syndrome (SIDS) by following the A,B,C's of safe sleep. Always place your baby alone, on his or her back, in a crib. Leave blankets, stuffed animals, and other soft objects or bedding out of the crib. Do NOT use sleep positioning devices. Make sure you discuss safe sleep practices with anyone who provides care for your child before the first day of care.

Continue reading " Children Injured at Home " »

Wronful death lawyers argued last week that a wrongful death lawsuit filed on behalf of Arturo Gatti’s daughter is a blatant attempt to capitalize on the late boxer’s fame and reputation in New Jersey and should be dismissed and instead moved to Brazil, where he died. Erika Rivera, mother of Sofia Bella Gatti, filed a wrongful death suit last fall against Gatti’s widow, Amanda Rodrigues-Gatti. The lawsuit was charging she was responsible for Gatti’s death in Brazil in 2009. Authorities in Brazil concluded Gatti died by suicide after first suspecting and detaining Rodrigues-Gatti.

In state Superior Court in New Brunswick on Friday, Rodrigues Gatti’s attorneys claimed Rivera, who lives in New Jersey, brought the action in New Jersey to benefit from Gatti’s reputation there. Last month, a Canadian judge sided with Rodrigues Gatti in a battle with his family over the boxer’s $3.4 million estate. One attorney argued that a trial arising from the lawsuit should be held in Brazil because Rodrigues Gatti lives there, as do any witnesses who saw the couple on the night in question.

The Canadian judge ruled Gatti’s last will, written weeks before his death, was legitimate and awarded Rodrigues-Gatti his entire estate. Gatti’s family argued that she made his sign the will. Last week, Berman questioned why Rivera’s wrongful death claim wasn’t added to the Canadian trial instead of being filed separately.

Gatti’s body was found in July 2009 at an apartment he, his wife and their son had rented in the Brazilian seaside resort of Porto de Galihnas. Police ultimately concluded Gatti hanged himself with a handbag strap from a wooden staircase column in their apartment.

When filing a wrongful death suit, the statute of limitations must be considered. Each state has a time limit on when a person can file a wrongful death lawsuit. If you fail to file your action on time, you will be barred from ever filing it.

The types of damages that may be available to you in a wrongful death lawsuit include the following:

•Medical and funeral expenses connected to the death;
•Loss of the victim’s expected earnings between the time of the death and the expected retirement or death;
•Loss of benefits like pension plans, medical coverage, and so on;
•Loss of inheritance;
•Damages for mental anguish or pain and suffering of the survivors;
•Loss of care, protection, nurturing, and companionship of the survivors;
•Punitive Damages

If you or someone you know would like to file a wrongful death lawsuit, you will need to speak with a good wrongful death attorney in your area. Our experienced Myrtle Beach wrongful death lawyers at The Mace Firm are ready to speak with you about your case.

Continue reading " Wrongful Death Suit " »

Head injuries include both injuries to the brain and those to other parts of the head, such as the scalp and skull. Head injuries may be closed or open. A closed head injury is where the brain mater remains intact. In these cases, the skull can be fractured, but not necessarily. A penetrating head injury occurs when an object pierces the skull and breaches the brain mater. Brain injuries may occur over a wide area, only be located in a small area.

The number of new cases of head injury is 300 per 100,000 per year (0.3% of the population), with a mortality of 25 per 100,000 in North America. Head trauma is a common cause of childhood hospitalization. Common causes of head injury are car accidents, accidents at home or at work, falls, and assaults.

Surprisingly, experts have suggested that helmets may increase the risk of neck injury in a crash or fall. This is especially the case for children because they have a greater head to body ratio.

Usually, people buy helmets to protect their head in case of an accident. For instance, skiers and snowboarders use helmets to prevent a serious head injury. A study conducted in Europe, Asia and North America found that helmet use in recreational activities is benficial. However, the study failed to determine if the design, quality, or fit of the helmet had an impact on the helmet's protection. Experts also determined that "risks of head injury can be reduced by 35%...and between 2 and 5 of every 10 head injuries among helmet users could be prevented."

If a person is injured while playing a sport, a traumatic brain injury could likely happen. Brain injuries don't necessarily reslut in a long-term disability. The location of the injury and the extent of the damage caused have a huge effect on the outcome.

If you or someone you know has suffered a traumatic brain injury due to an accident or an assualt, it would be wise to consult with an experienced injury attorney in your area. The Myrtle Beach injury lawyers at The Mace Firm are ready to speak with you about your case. Call today to schedule your free consultation.

Continue reading " Head Injuries " »

Two brothers died Friday night when their Chevrolet Corvette ran into the side of a log truck trailer being backed across the road. The car accident happened around 9:45pm on Friday. South Carolina Highway Patrol reported that a 2011 Corvette slammed into a log truck that was backing into a driveway. Both men died on the scene from blunt force trauma. The driver of the log truck was not injured in the crash.

In Charleston County, one person was killed Saturday night after a motorcycle accident. According to witnesses at the scene, the motorcycle was seen as it ran off the right side of the road and the operator flipped off the bike. A second person sustained serious injuries as a result of this crash.

Despite significant safety improvements in automobile and in the design of roads, car accidents remain quite common. It is likely that any given person will be involved in at least one serious automobile accident during his or her lifetime. Not every car accident will result in litigation. Where nobody is injured or injuries are minor, it may be possible to resolve all claims for medical care and property damage directly with the drivers' car insurance companies. The greater the damage or injury that results from a car accident, the more likely it is that a lawsuit will follow.

Most automobile accident litigation involves two vehicles, with a driver or passenger from the first vehicle claiming that the driver of the second vehicle caused the accident through negligent driving. Sometimes the litigation will involve the driver and passenger of a single vehicle, with the passenger claiming injury as a result of the driver's negligence.

If you or someone you now has been injured in a car crash, you may want to speak with an experienced injury lawyer in your area. Call one of the Myrtle Beach injury lawyers at The Mace Firm to schedule your free consultation.

Continue reading " Georgetown County Crash " »

Appellate law is a specialized area of the law with its own technical rules and procedures. After a trial and a final order has been issued, one party may be dissatisfied. Usually, parties will file a motion to amend the order, setting out how the judge made a mistake. If the judge did in fact make a mistake, it should be brought to his or her attention so that it can be corrected. Generally, judges do not grant motions to amend since they have already considered the issues when they issued the final order. Once the motion to amend has been ruled on, the dissatisfied party has thirty days to file a notice of appeal with the South Carolina Court of Appeals.

A notice of appeal delays the ruling of the Family Court until the appeal is over. If a party is contesting the divorce itself, the parties may not be divorced. All matters of property division are put on hold which means that the parties are in pretty much the same situation regarding property division they were at the beginning of litigation. Child support, alimony, Custody Orders are not put on hold.

The dissatisfied party may file a petition for writ of supersedeas which asks the Court of Appeals to supercede, modify, or change the Order while the matter is being appealed. Generally, the Court of Appeals does not grant these petitions; however, the court has changed custody to the other parent pending a hearing on the appeal. The court can even change the amount or the liability of alimony or child support.

The appellate process is not a quick process. The process can take anywhere from one to three years. The family law attorney has to order the trial transcript from the court reporter which can take up to six months to receive the transcripts. Once the attorney receives the transcripts he or she has various periods of time to file the initial brief, then the opposing attorney has various periods of time to file the response brief. The time for the briefs to be filed can be extended and are many times.

Another potential problem that can make the appeal process take longer is bankruptcy. When people find themselves in a poor financial situation or a husband who is not happy with the result in Family Court sometimes will resort to bankruptcy. Bankruptcy court is a federal court which takes precedence over state court which means that everything in state court will be delayed until the bankruptcy proceedings are complete. The judge can modify alimony or child support payments, stay any transfer of property and manage the bankrupt's estate according to the bankruptcy laws.

Sometimes a bankruptcy judge will reduce the alimony and child support so that the debtor is able to pay off his or her debts. Recently, Congress has recognized that the bankruptcy laws should not be used to interfere with the orders of Family Courts. Unfortunately, family law lawyers are not specialized in the bankruptcy area so a bankruptcy attorney will have to be hired to protect the husband or wife's interests.

If you are dissatisfied with your final order from the family court, please call one of our experienced South Carolina Appeal attorneys at The Mace Firm.

Continue reading " Family Law Appeals " »

Defenses to a wrongful death action include contributory negligence of either the decedent or the beneficiaries, the statute of limitations, the Tort Claims Act limitations, and charitable immunity.

Contributory negligence is a defense requiring the defendant to show the plaintiff was negligent and that the negligence was the proximate cause of the injuries. Traditionally, contributory negligence was a total defense to the cause of action; however, South Carolina has adopted comparative negligence under which the plaintiff may recover if his or her negligence is not greater than the defendant's in which case the plaintiff's recovery is reduced in proportion to his or her negligence. Punitive damages, however, are not reduced by the proportion of the plaintiff's negligence under comparative negligence. The negligence of a beneficiary affects only that beneficiary's claim.

The applicable statute of limitations is three years from the death. The tolling provisions of the statute are inapplicable to suits brought on behalf of minor beneficiaries. Because wrongful death actions are to recover damages for injury to the person, the health care provider statute of limitations is applicable to wrongful death actions.

The South Carolina Tort Claims Act waives the immunity of the State, its agencies, political subdivisions, and governmental entities from liability in tort. The Act is the exclusive and sole remedy for any tort committed by an employee of a governmental entity while acting within the scope of his or her official duty and must be liberally construed in favor of limiting the liability of the governmental entity. The Act specifically provides for wrongful death claims. It contains, however, many limitations on liability and damages which may preclude or restrict a plaintiff's cause of action. For example, the Act provides for a two year statute of limitations unless a claimant first filed a claim pursuant to the Act, in which case the limitation is three years. Where an action is against a physician or dentist, there are additional important considerations.

While common law charitable immunity was eliminated by the South Carolina Supreme Court in 1981, there is a statutory limitation on liability for charitable organizations. A charitable organization is any organization, institution, association society, or corporation which is exempt from taxation pursuant to 26U.S.C501(c)(3) or (d). A person sustaining injury or dying as a result of a tortious act of commission or omission by an employee of a charitable organization acting within the scope of his or her employment, may recover no more than the liability imposed under the Tort Claims Act for actual damages sustained. Unless it is proved that the employee acted recklessly, willfully, or in gross negligence, an action against the charitable organization is a complete bar to recovery against the employee. Where a defendant is both a governmental and charitable organization, the Tort Claims Act provides the exclusive remedy, and the action is governed by it rather than the charitable immunity statute.

Damages in a wrongful death case are not determined by the value of life lost, but by the damages suffered by the beneficiaries. The beneficiaries may recover all damages, present and prospective, which are naturally the proximate consequence of the wrongful act including: 1. pecuniary loss, 2. mental shock and suffering, 3. wounded feelings, 4. grief and sorrow, 5. loss of companionship, and 6. deprivation of the use and comfort of the intestate's society including the loss of his experience, knowledge, and judgment in managing the affairs of himself and his beneficiaries.

The plaintiff must show evidence of a pecuniary loss to recover it as an element of damages, but where there is no pecuniary loss, other damages are still recoverable. Punitive damages may be awarded in a wrongful death action.

The court has held that evidence of remarriage of a surviving spouse or separation prior to death and subsequent remarriage are inadmissible on the issue of damages. By statute, damages to parents of a deceased child may be denied or limited where it is determined that a parent failed to reasonably provide support for the decedent and did not otherwise provide for the child's needs during his or her minority.

If someone you know has had their life wrongfully taken from them, please contact one of our South Carolina wrongful death lawers at The Mace Firm to schedule a free consultation. Our wrongful death attorneys are here to help walk you through the process of recovering from the negligence of others.

Continue reading " Defenses and Damages in a Wrongful Death Case " »