Author: leiplawdev

Doctors and medical practitioners are the people we should trust most in society. They’re highly trained, and we rely on them to diagnose and treat what we value most: our health.

Sometimes, things don’t go as planned. Maybe a diagnosis is missed, or a doctor makes a mistake, which results in severe injury or even death.

It’s essential to understand what medical malpractice is and what you should do if you’re a victim.

What is Medical Malpractice?

Medical malpractice occurs when a physician or licensed medical professional breaches their professional standard of care and causes a patient harm. It may result from a mistake or an intentional deviation from the standard of care all doctors are expected to uphold.

 

How to Know if You Have a Medical Malpractice Case

The most essential part of medical malpractice cases is proof. There are three primary benchmarks for determining if malpractice took place.

First, it’s critical to prove the physician violated their professional standard of care, which can be an incredibly high bar.

Second, it must be clear that the physician’s negligence caused you harm. There would be no malpractice case if you didn’t sustain injury due to their care.

Finally, the damages must be significant enough to warrant pursuing the case.

 

What Should You Do if You Think You’re a Victim?

If you or a loved one believe you have sustained injuries as a result of medical malpractice, contact an attorney to see if your claim could potentially meet the above criteria.

Also, know that many, but not all, potential medical malpractice claims carry a two-year statute of limitations. This means that your claim must either be resolved or a lawsuit must be filed within two years of the date the potential harm first occurred or from when the harm was first known or should have been known.

Our team has worked on many medical malpractice cases. These cases are complex, and the situation is even more daunting if you’re dealing with recovery. Contact us for a free consultation to see if your case should be pursued.

Most people think about the driver in an accident. It’s their insurance and their vehicle. They’re the ones impacted by it.

But what happens if you’re a passenger in a car wreck? Who pays for your medical claims and damages?

Coverage for Passengers

If you’re an injured passenger, the at-fault driver’s insurance will typically pay your claims.

So, if the driver of the vehicle you’re in causes the accident, their insurance may cover you. It can be more complicated if that person is a member of your household, such as a spouse or child.

If another driver is at-fault, your claim will be filed with their insurance. Whatever damages or bills related to your injuries you sustained may be covered, depending on their policy limits.

In some situations, the drivers could share the blame so that you may file claims with each driver’s insurance.

 

Uninsured and Underinsured Claims

Unfortunately, being in an accident with an uninsured or underinsured driver is common. In South Carolina, drivers are required to have uninsured driver’s insurance. If the at-fault driver doesn’t have coverage, your policy, if you have one, may protect you.

It’s also possible that your damages could exceed the at-fault driver’s insurance policy. You may have underinsured motorist coverage through your insurance company, which means your policy could cover your losses. In some cases, you’ll likely need an attorney to pursue this route.

 

Making Sure Passengers Are Protected

Being a passenger in a car accident is scary. And you may need clarification about what you should do next. Our team is happy to offer a free consultation to see if we can help your case.

How Workers Comp Claims Are Evaluated

If you’re injured on the job, your first thought is probably not on the worker’s comp process. And it shouldn’t be. Instead, you should focus on getting treatment, especially if your injuries are significant.

But knowing how the worker’s comp process goes is critical to ensuring you receive the funds you need to pay for medical bills and support your income if you’re out of work due to the injury.

 

The Claims Evaluation Process

If you’re hurt on the job, you should immediately report it to your supervisor.

Even if it seems like an “insignificant injury,” you must report it to receive worker’s compensation coverage. This is a critical part of the process because the initial time after the injury will be evaluated by your employer, their insurance company, medical professionals, and anyone else involved.

Regulations vary by state, but most states have a statute of limitations on when you can report an injury. In South Carolina, you must report an incident within 90 days. The sooner, the better because waiting can invite scrutiny from the insurance company.

You and your employer are required to file claim information with the South Carolina Workers’ Compensation Commission. This is very important in case you need to file an appeal with the state board.

Once a claim is filed, your employer’s insurance company will review your claim.

They’ll look to see if the injury is work-related, if you have any pre-existing conditions, or any other instance for which they may deny the claim.

South Carolina law allows employers to dictate which physician an injured employee visits for care. You must explain every detail of the accident and injury to the doctor you see.

A worker’s comp insurance company will likely examine your background and whether you’ve obtained counsel through an attorney. Some of this is routine since insurers are trying to prevent fraud. But they may also use it to gain leverage.

Insurance companies will look at the complete picture of the claim. They may identify opportunities or loopholes that they can use to refuse payment.

Contact us if you’re experiencing issues with your worker’s comp injury. We’ll handle the complicated process of working with the insurance company so you can get the payment you need.

Getting Compensation for a Car Accident in Bad Weather

Weather can play a critical role in causing car accidents. Rain, or other nasty conditions, are often a culprit, creating a sticky situation in determining fault. Did the slick roads cause the wreck or driver negligence? It’s an important question to answer if you’re trying to file a claim.

Why Insurance Companies Deny Bad Weather Claims

In a car accident caused by bad weather, proving negligence is difficult. Insurance companies may blame the weather for causing the accident, not the insured driver.

To obtain compensation for your damages in any weather, you must prove that the other driver was negligent, which resulted in an accident.

Situations like these are where attorneys come in. They’ll investigate the case to see if negligence played a role in causing the wreck.

A Driver’s Responsibility

A driver has expanded responsibilities when operating a vehicle in bad weather. Visibility is often limited, and slick roads are hazardous. Therefore, drivers must pay even more attention when driving in poor conditions.

Driving tactics must be adjusted when roads are less than ideal. Speed limits are designed for optimal road conditions. If someone goes too fast for the conditions and loses control of the vehicle, the driver may be at fault.

Many Circumstances Can Cause Fault

Improper headlight use and faulty windshield wipers are two common causes of negligence that result in accidents. And each situation is unique. You’ll want a team by your side to help protect

Reach out to our team to discuss your case and see how we can help.

What to Do When You’re Involved in a Distracted Driving Car Accident

If you glance at the vehicle next to you at a red light, you’re likely to see someone looking at their cell phone. Or maybe you’re driving down the road and look in the rearview mirror to see another driver reaching to pick something up off the floorboard.

Distracted driving is common. And even seconds of lost focus can lead to an accident.

If you’re in a collision caused by a distracted driver, you can attempt to recover damages. But you’ll need to prove that their distraction caused the accident. So, here’s what you should keep in mind if this happens to you.

 

What is Distracted Driving?

Distracted driving occurs when a driver is careless, reckless, or negligent behind the wheel.

A typical example is cell phone use. Texting while driving is dangerous. It’s also illegal in South Carolina.

But distraction comes in many forms beyond cell phones. For example, eating while driving, talking to passengers, or focusing on the radio can cause accidents when a driver loses focus.

 

How To Prove the Other Driver Was Distracted

YIf you were involved in a collision where the at-fault driver was distracted, it’s critical to prove it.

And that’s not always easy. You’ll need to gather proof.

Start gathering evidence after the accident, if possible. Take pictures of the scene, including where the vehicles are situated, tire marks, or other notable angles from the collision.

In some situations, you may see the driver using their phone or being distracted by something else right before the incident. So make a note of this activity.

Eyewitnesses are incredibly beneficial in determining what happened during a car wreck.

Remember the individuals at the scene who may have witnessed the event and ask for their names and phone numbers.

If businesses are nearby, check with them to see if they have surveillance footage covering the roadway. Those locations may also have employees that witnessed the collision.

Distracted driving places others in danger, whether texting and driving or looking down to grab a sandwich. If you need help after being injured by a distracted driver, reach out to our team, and we’ll discuss your case and see how we can help.