Seeking Answers for Your Injury or Accident Claim? Look No Further
After an accident occurs or an injury is suffered, you may feel lost and confused. Few people who have suffered an accident or incurred an injury have an extensive background in this area. Without this knowledge, they are left wondering how best to proceed in order to protect their legal rights. Fortunately, we are here to provide you with the answers that you are looking for. Check out our many frequently asked questions and their accompanying answers for more information.
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What is a Traumatic Brain Injury (TBI)?
A TBI is an injury to the brain that is caused by a bump, blow, jolt, or penetrating injury to the head that disrupts the brain's normal function. Not all bumps, blows, or jolts to the head result in a TBI, but if the bump, blow, or jolt is severe enough, a TBI can result. TBIs range in severity from "mild," e.g. a concussion, to "severe," which can result in periods of unconsciousness, amnesia, and even death.
How common is a TBI?
The Center for Disease Control (CDC) estimates that 1.7 million people suffer a Traumatic Brain Injury (TBI) annually. TBI accounts for almost a third of all injury-related deaths in the United States.
What are the symptoms of a TBI?
People who suffer "mild" TBIs, like concussions, may show signs of loss of consciousness for less than 30 seconds, seems confused or stunned, moves clumsily, can't remember what happened prior to injury, etc.
People who suffer a "severe" TBI may show signs of prolonged loss of consciousness, physical disabilities, difficulties with thinking, personality changes, in addition to symptoms of "mild" TBIs.
What are the most common causes of TBI?
Traumatic brain injuries can occur with or without penetration to the skull. The leading causes of TBI are falls, motor vehicle accidents, being struck by something, and assaults. TBIs can also be caused by breathing in chemicals, lack of oxygen, tumors, infections, and strokes. Children and the elderly are the most susceptible to experiencing a TBI, which is most often caused by a slip or fall for these age groups. If you or someone you know has experienced a Traumatic Brain Injury, it is important to contact a South Carolina personal injury attorney today at 888-690-0211.
What is Underinsured Motorist Coverage or UIM?
Underinsured Motorist Coverage or UIM is different from Uninsured Motorist Coverage. UIM coverage is on your personal car insurance policy and goes into effect when the person at fault for your accident has insurance, but their policy limits are not high enough to fully compensate you for your loss.
For example, you are in an accident, which was not your fault. You have losses totaling $45,000, but the other driver's insurance only covers $25,000 in losses. If you carry UIM, which in South Carolina you are required to have at least $25,000 in coverage, the remaining balance will then be entered as a claim agaisnt your UIM coverage. This coverage will hopefully be enough to compensate the remainder of your losses.
What is Uninsured Motorist coverage or UM?
Uninsured Motorist Coverage or UM is different from Underinsured Motorist Coverage. UM coverage is on your personal car insurance policy and goes into effect when the person at fault for your accident does not have insurance.
In South Carolina you are required to carry at least $25,000 in Unisured Motorist Coverage. Thus, if you are in an accident and the at fault driver does not have car insurance, you will put in a UM claim with your car insurance for your losses.
What does loss of consortium mean in a personal injury case?
Loss of consortium is a legal cause of action that can be brought by family members of a person that has been injured or killed in an auto accident or by someone else's negligence. A spouse may recover for the loss of services, and the loss of affection of the marriage that was caused by the injuries incurred by his or her spouse in the accident.
If you have experienced the death of a loved one due to someone else's negligence, contact Shelly Leeke Law Firm at 1-888-690-0211 to set up a complimentary case evaluation.
What is a medical malpractice case?
Medical malpractice occurs when a person is injured by the neglect or substandard service provided by a physician or other health care professional, hospital or institution. If you are injured as a result of a preventable error or because of negligent care when you receive medical treatment, you may have a medical mal-practice case.
However, just because you are injured during medical treatment, you do not necessarily have a medical malpractice case that can be won. For example, there are some cases where a person suffers an injury from a complication during the medical treatment, but that complication is considered "normal". An example of this would be infection after a surgery that is considered common risk. If the complication is considered "normal", the injury was not the result of negligence and there is no medical malpractice case that can be won.
Do I have a medical malpractice claim?
In South Carolina, the following must be proven in order to obtain a successful outcome in a medical malpractice claim:
- A significant, persistent personal injury was suffered;
- The health care provider or institution performed at a level of care be-low the accepted standard;
- The injury was a direct result of the substandard level of care provided;
- The medical error that caused your injury must have been preventable and caused by negligence.
If you feel you have been a victim of medical malpractice and have questions, please contact our office at 843-277-6061 or 1-888-690-0211.
What will an attorney do for my medical malpractice case?
Not every medical malpractice case can be won. In addition, medical malpractice cases are quite complex and difficult to prove. In order to determine if you have a medical malpractice case that can be won, most medical malpractice attorneys first gather all relevant medical records from the physician or hospital where the medical malpractice may have occurred. A complete, detailed set of honest statement and facts about the circum-stances leading up to the medical treatment, the possible malpractice, and the events that occurred following the medical error, should also be obtained from the client.
Once the medical records are obtained, they are reviewed and thoroughly examined to determine whether there appears to be enough provable evidence of medical malpractice. If the case looks to be a meritorious one, experts in the appropriate medical field of specialty must be consulted and ultimately retained in the case.