Shelly Leeke Law Firm, LLC Blog

Crashes on I-20 Stress the Importance of Wearing a Seat Belt

Tue, 08 May 2012 08:00:00 GMT

This past weekend, three people who were killed in car accidents on I-20 were not wearing seat belts. These accidents show how important it is to wear your seat belt, no matter how long or short your trip may be.

On Saturday, May 5th, Ronnie Cribb, 49, of Florence, was traveling as a passenger in a vehicle on I-20 in Richland County at around 5:00pm when the vehicle was involved in a single-car accident. He was not wearing a seat belt and was ejected from the car, causing him to sustain injuries that resulted in his death.

At around 11:00am on Sunday, May 6th, Tanya Dash, 42, and her son, Tony Hill, 25, were traveling in their Ford Explorer near mile marker 58 on I-20 in Lexington County when they were involved in an accident. The driver of their vehicle lost control, struck a median before overturning, causing Dash and Hill to be thrown from the vehicle. They were not wearing seat belts and died at the scene as a result of head and body trauma.

These are devastating fatal accidents that could potentially have been less tragic if seat belts had been worn. The statistics from the National Safety Council should be reason enough to wear your seat belt whenever you are in a motor vehicle. The National Safety Council reports that seat belts can reduce the risk of injuries in an accident by 50 percent. Although seat belt use in South Carolina has increased in recent years to 80 percent, that still means that 20 percent are still at risk for serious injury or even death. So before you start your car, be sure to put your seat belt on and make sure that all passengers and wearing their seat belts.

If you have been injured or have lost a loved one in an accident, whether or not seat belts were worn, it is important to seek legal help in order to protect your rights. South Carolina car accident Attorney Shelly Leeke has been representing accident victims for nearly a decade. To set up a free consultation appointment, call 843-277-6061 today!

Truck Driver Charged with Reckless Homicide in Crash that Killed Motorcyclist

Tue, 10 Apr 2012 08:00:00 GMT

A recent devastating accident in North Charleston, S.C. has brought attention to the importance of yielding to the right of way and being cautious on the roadways. Commercial vehicles and 18-wheelers should be especially cautious in order to prevent tragic accidents such as this one:

Goose Creek Motorcyclist Killed in Collision on Remount Road

On Monday, April 9th, Scott Arrington, 44, of Goose Creek, was traveling on Remount Road near Virginia Avenue, when an 18-wheeler pulled out from a parking lot and collided with him on his motorcycle. The truck driver, 47-year-old Louis Hunter Jr., did not yield to Arrington on his motorcycle, thus causing a devastating accident that killed an innocent motorcyclist. Hunter's negligent actions led him to be arrested and charged with reckless homicide.

According to South Carolina law, if a driver "does any act forbidden by law in the driving of the motor vehicle, which proximately causes the death of another person," then they are "guilty of the misdemeanor offense of vehicular homicide." By taking the time to check that a roadway is clear from other vehicles, you could be saving a life and also preventing spending time in jail. This accident and the many other accidents that are like this one are completely preventable -- it is up to South Carolina drivers to act responsibly and yield to fellow drivers.

What happens if I lost a loved one in a South Carolina motor vehicle accident?

In cases like these, the family of Scott Arrington would be advised to file a South Carolina wrongful death lawsuit against the truck driver for his negligence. In a South Carolina wrongful death lawsuit, the family would be entitled to compensation for medical and funeral expenses, the cost of travel, emotional distress, and any other expenses associated with the accident. Although monetary compensation does not bring back the loved one, it does help in easing the pain associated with a wrongful death.

If you have lost a loved one in a South Carolina motor vehicle accident that was caused by another driver's negligence, then you should contact an experienced wrongful death attorney. Attorney Shelly Leeke has been representing accident victims and their families for nearly a decade. To set up a free consultation with Shelly Leeke Law Firm, call 843-277-6061 today!

Ford Tauruses: Under Investigation for Stuck Throttles

Thu, 22 Mar 2012 08:00:00 GMT

Ford Motor Co. is currently being investigated in relation to accounts of unintended acceleration in some of their vehicles. A safety concern has been brought to the attention of the National Highway Traffic Safety Administration since they received 14 complaints from drivers of the Ford Taurus. These drivers reported that the throttles of their cars became stuck in the open position, causing it to be difficult to stop their vehicles.

The cruise control cables of 2005 and 2006 Ford Tauruses have reportedly become detached in these situations. The NHTSA also revealed that some of the drivers had to shift into park or neutral in order to stop their vehicles from moving. It was even reported that after shifting into park or neutral, the engines of some of their vehicles reached 4,000 revolutions per minute.

One driver reported that their 2005 Ford Taurus accelerates unexpectedly and vibrates when the driver tries to slow the vehicle down. Another driver noted that their Taurus passed a red light and went into an intersection before stopping after accelerating on its own. There have yet to be any reported injuries or crashes, but it seems as though these cars are an accident waiting to happen, especially considering the fact that 360,000 cars of this type may be experiencing this problem. After the NHTSA investigates the issue, a full recall may take place.

This investigation is spurred by a previous recall of Toyota vehicles in 2009 that was a result of gas pedals getting stuck due to improperly installed floor mats. In that instance, nearly 8 million Toyotas were involved in that recall.

It is not definitive whether or not there will be a recall of Ford Tauruses; however, we hope that a thorough investigation takes place in order to prevent serious motor vehicle accidents from happening. If you have been injured in a car accident that involved a defect in your vehicle, you should consider speaking with a product liability attorney immediately. They will be able to protect your rights and guide you through the personal injury legal process.

Back To Work: Workers' Compensation Basics For South Carolina Residents

Wed, 07 Mar 2012 08:00:00 GMT

Now that we’ve rung in the New Year and the holidays are past, it’s time to get back to the daily grind at work. As hard-working individuals, many still may be unaware of our rights when it comes to on-the-job injuries. Here is some basic information so that you know your rights if you are injured at work.

Who is Covered?

Employees: Under the Worker's Compensation Act, an employee is any person who is under employment, contract for hire, or an apprenticeship, whether express or implied. This also includes foreign workers and minors who are lawfully or unlawfully employed as well as both full-time and part-time employees.

Subcontractors may also be covered under workers' compensation. If a subcontractor does not carry workers' compensation insurance, the owner or developer above them in the chain of employment may be held liable for workers' compensation to the injured employee, as if they were the direct employer.

What is Covered?

When an employee is injured in a work-related accident, any injury sustained while the employee was working within the scope of his or her employment, is covered under the SC worker’s compensation laws, regardless of fault or negligence.

What Compensation is an Injured Employee Entitled to Receive?

If you were injured at work, you may be entitled to compensation for your injuries and reimbursement for any medical expenses that you paid. If your injury is covered by workers' compensation benefits, your employer's workers' compensation insurance carrier may also be responsible for the following:

1) Any and all medical expenses related to the injury;
2) Weekly disability benefits checks for periods you are out of work with written doctor's authorization;
3) Payment for permanents disabilities and/or lost income.

If you have suffered a work injury and have questions, contact a South Carolina workers' compensation lawyer at 843-277-6053.

What To Do If You Suspect Bullying in South Carolina

Wed, 07 Mar 2012 08:00:00 GMT

If you suspect that your child is being bullied, either physically or emotionally, it is very important that you do not delay in addressing the issue. As we have seen in the news, bullying can have a tragic effect on your child if it is not recognized and stopped as soon as possible.

The first thing that you should do when you notice signs of bullying is to talk with your child. They may feel ashamed or angry so it is important to let them know that you care and will do whatever you can to help. Begin by discussing school and friends with them and then ask more in-depth questions. Once you find out more information about the bullying, you should take the following steps:

-Discuss the different options that your child has. This could include your child being more assertive, avoiding certain students or places, or asking the school for assistance.

-Do NOT contact the bully's parents. This often leads to more complex problems that you want to avoid. Instead, contact the school and let them handle the bullying and take the steps that they feel are necessary in order to end the bullying.

-Take notes and/or pictures of any injuries that your child received as a result of the bullying, or print out any evidence from the Internet if your child is being cyberbullied.

-If the bullying persists, contact the police immediately.

If your child does not admit that he or she is being bullied, but you still suspect that something is going on, try discussing the issue with their teacher. It is better to be safe than sorry since bullying can take a turn for the worse very quickly.

If you have questions about bullying or cyberbullying in South Carolina, contact us at 843.277.6053.

Frugal Ways to Stay Fit in the New Year

Wed, 07 Mar 2012 08:00:00 GMT

Have you resolved to make this the year that you get in shape? Then, check out these frugal exercise ideas:

1. Use Self Check-Out at Stores: Using self check-out is often faster than waiting on a cashier, and it's better for you too. Scan and bag your own groceries, and you'll squeeze more exercise into your day.

2. Check Out Exercise Videos from the Library: If your library has a video collection, exercise videos are probably a part of it. Check out a different exercise DVD or tape each week, and you'll never get bored with your fitness routine.

3. Take Steps Instead of the Elevator: There's a reason you've heard this tip before: it works. So skip the elevator and head for those stairs.

4. Clean Your House: A 150-pound person can expect to burn 216 calories with 30 minutes of housework.

5. Walk Away the Pounds: Lace up your sneakers and get those feet in gear. Walking is the ultimate in free exercise.

6. Find an Exercise Program on TV: Turn time in front of the TV into workout time by following along with one of the many exercise programs on TV. Even public television has exercise programs, so lack of cable is no excuse!

7. Turn on Some Music and Dance: Grab your favorite tunes, and get your body in motion. Dancing is great exercise – and it doesn't cost a dime.

8. Do Your Own Exercise at Home: Use paint cans or rocks to work your biceps; Use a chair to work your triceps; Do sit ups and push-ups without any equipment.

9. Shop the Perimeter of the Grocery Store: an easy way to avoid the expensive convenience foods that are usually stocked front and middle aisles.

Overall, make sure not to push yourself too hard- an injury can set back your exercise routine to where you started. Shelly Leeke Law Firm believes that you can achieve your weight-loss goals! We look forward to hearing about your success a year from now!

The Role of a South Carolina Asbestos Attorney in Your Mesothelioma Case

Fri, 24 Feb 2012 08:00:00 GMT

A South Carolina asbestos exposure attorney is an attorney who specializes in personal injury cases. A mesothelioma attorney knows that being exposed to asbestos can have a devastating impact on your health. Not only does asbestos affect your health, but it also affects your life and the lives of those who love you.

Obstacles Associated with Asbestos Exposure Cases

Mesothelioma and other cancers associated with asbestos exposure are not typically detected immediately after exposure. Symptoms associated with these types of cancers could take over twenty years to appear. This could mean that the companies that asbestos victims worked for may have gone out of business, started making different products, moved, or changed names in the time since the employee has worked there. It is often the case that the asbestos company has filed for bankruptcy, which can be a concern for those who are filing an asbestos claim.

This is where the asbestos attorney is most beneficial to your claim. The attorney will conduct extensive research in order to determine who was negligent by exposing you to asbestos. Often, the asbestos attorney will use lists of previous cases and reports that they have compiled in order to help determine who your case will be against.

Your South Carolina mesothelioma attorney will also be responsible for getting a thorough evaluation of your medical records in order to substantiate your claim. Prior to representing you in your asbestos exposure case, the attorney will be sure that your claim is worth pursuing.

We Work for You on a Contingency Basis

What does this mean? This means that you will not be charged for any expenses relating to your case. The compensation that Shelly Leeke Law Firm would receive for representing you would be based on a percentage of the settlement that you are awarded for your case. Attorney Leeke has years of experience as a personal injury lawyer and will work hard to get you the compensation that you deserve for your asbestos exposure case.

To set up a free consultation appointment with Shelly Leeke Law Firm, call 1-888-690-0211 today! If you are unable to meet at one of our office locations, the attorney can meet you at a location that is most convenient for you.

NHTSA Measures Distraction-Affected Crashes | Cell Phone & Texting Accidents

Mon, 06 Feb 2012 08:00:00 GMT

The National Highway Traffic Safety Administration has introduced a new measure of fatal accidents that involve distracted driving called “distraction-affected crashes.” The NHTSA started this measure in 2010 as a way to collect better data about accidents where a driver may have been distracted.

This new method focuses more narrowly on the different possible distractions that could lead to an accident, such as texting, dialing a phone number, or receiving an incoming call. Using this more detailed measure, the NHTSA estimated that 3,092 deaths in 2010 were as a result of a distraction-affected crash. This distracted driving statistic translates to one fatal accident related to cell phone or other distractions out of every eleven traffic accident fatalities.

The NHTSA also conducted a survey that revealed drivers' attitudes towards distracted driving and their behavior when it comes to cell phone use. The results of the survey determined that more than three-quarters of drivers would answer calls on all, most or some trips. In addition, drivers do not often take traffic situations into account when choosing whether or not to use their phone. Ironically, despite these reponses from drivers about their personal cell phone use, almost all of these drivers said that they feel very unsafe when riding with a person who is texting while driving.

While this data may seem like a small step in determining the cause and prevention of "distraction-affected crashes," any step taken towards reducing the number of deaths caused by distracted driving is better than none. The NHTSA has also been working on improving the reporting forms that officers use when an accident takes place.

In South Carolina, it is not illegal to talk on your cell phone while driving; however, as evidenced by the startling number of distraction-affected crashes, it is better to wait until you are parked to use your cell phone. Driving on South Carolina roads deserves all of your attention and just a few seconds of distraction could lead to a devastating crash.

If you have been injured in an accident where a driver's distraction contributed to the accident, then you may have a potential personal injury case against that driver. Contact Shelly Leeke Law Firm at 1-888-690-0211 to set up a free case evaluation appointment.

SC Accident Attorney Explains: Vehicular Manslaughter & Assault

Tue, 17 Jan 2012 08:00:00 GMT

A driver is charged with vehicular manslaughter when they drive a motor vehicle in a negligent manner that causes the death of another person. Vehicular assault is similar to vehicular manslaughter; however, the person who was hit does not die, but instead sustains injuries due to the driver’s negligence. For someone to be charged with vehicular manslaughter or assault, the driver must have committed another traffic violation, such as:

Drunk driving
Reckless driving
Speeding
Gross negligence

Other charges may be filed depending on the severity of the accident and other details relating to the crime.

Who can press charges for vehicular manslaughter or assault in South Carolina?

The victim of vehicular manslaughter or assault can be a person in a vehicle that was hit by the negligent driver, a passenger in the same vehicle as the driver, or a pedestrian or bicyclist who was hit by the driver. In relation to vehicular manslaughter, the family of the loved one who was hit can file a wrongful death lawsuit in South Carolina against the other driver. When vehicular assault occurs, the person who was injured can pursue a personal injury lawsuit. In both of these cases, compensation will be awarded for medical bills, travel costs, emotional distress, and any other expenses relating to the accident.

What do I do if I or a family member was hit by a negligent driver in South Carolina?

If you or a family member has been hit by a negligent driver, it is in your best interest to consult with an experienced South Carolina wrongful death and personal injury attorney. Shelly Leeke Law Firm has been representing accident victims for nearly a decade. In order to get the compensation that you deserve, contact personal injury attorney Shelly Leeke at 843.277.6061 today!

Common Causes of Medical Malpractice in South Carolina

Tue, 10 Jan 2012 08:00:00 GMT

When you put your well-being in the hands of a doctor, you expect that the doctor will do the best job that he or she can do. However, unfortunately, there are times when a doctor acts negligently, causing a mistake that negatively affects your health. So what causes these South Carolina doctors to commit medical malpractice? According to a study conducted of medical malpractice insurance companies, the most common cause of medical malpractice cases is a “failure to diagnose.”

In addition to a failure to diagnose, other causes of medical malpractice lawsuits in South Carolina include:

Performing a procedure incorrectly
Misdiagnosing a condition
Not performing a procedure that needed to be done

While these are all considered to be different causes of medical malpractice lawsuit, they all relate to the doctor not diagnosing the patient. Errors in diagnosing a patient account for almost half of the South Carolina medical malpractice claims that are filed.

The reasoning behind these errors can often be that the doctor was not trained properly or did not dedicate enough time to accurately diagnose the condition. They may have avoided completing a full examination in an attempt to save time in order to see other patients, thus jeopardizing your health.

If a South Carolina doctor misdiagnoses your medical condition, the consequences can be devastating. You may have to have additional procedures in order to correct the mistake that your doctor made and your road to recovery would longer than originally anticipated.

If you believe that a doctor has any committed any of these common causes of medical malpractice, then you should contact a South Carolina medical malpractice attorney. Attorney Shelly Leeke can help you protect your rights and get you the compensation that you deserve. Set up a free consultation with Shelly Leeke Law Firm by calling 843-297-8485 today!

Mayor Riley to Instate Bike Ban on James Island Connector

Fri, 06 Jan 2012 08:00:00 GMT

It has been announced that a ban will soon be put in place, stating that bicycles are not permitted to be ridden on the James Island Connector in Charleston.

Mayor Joe Riley states that the South Carolina Department of Transportation will be responsible for putting the ban in place. However, the city police will be in charge of enforcing the ban. He estimates that it will be a few weeks before the ban is fully in effect. In addition to bicycles being banned, pedestrians will also not be allowed to cross over the James Island connector.

Mayor Riley reported that signs are currently being made by the SCDOT that will be put up on the connector in order to notify bicyclists of the ban.

While it is apparent that the James Island Connector can be dangerous for bicyclists, many residents, including Tom Bradford, director of Charleston Moves, feel as though the ban is disappointing. Currently, bicyclists believe that the James Island connector is the safest option that they have for commuting from James Island to Charleston.

This ban is possibly being put in place in reaction to the tragic accident in July that killed Dr. Mitchell Hollon while he was riding his bicycle on the connector. He was struck from behind by a vehicle that drifted into the break down lane while he was commuting to work from James Island. Many people were devastated by the loss of Dr. Hollon, which has resulted in an increase in concern for the safety of bicyclists in general who are traveling on Charleston's roads.

Mayor Riley stated that they are trying to make one of the lanes of the bridges over the Ashley River designated for bicyclists and pedestrians, allowing for a safer way to get to the peninsula. However, the funds needed for the project have not yet amounted.

If you are in need of a Charleston bicycle accident attorney, call 843.287.8485 to set up a free consultation appointment!

SC Woman Sues Bar For Serving Her Alcohol Prior to Accident

Mon, 02 Jan 2012 08:00:00 GMT

One headline that has been recurring in the news lately is that of the South Carolina woman who is pursuing a lawsuit against the bar that served her alcohol, while she was underage, prior to the accident that caused her to be paralyzed.

Twenty-two-year-old Chelsea Hess was 20 when she went to Jock’s Sports Grill in Beaumont, S.C. on the night of August 8^th, 2009 and was served alcohol. She claims that she was not asked for identification and was still served alcohol even though the legal drinking age is twenty-one in South Carolina.

After consuming the alcoholic beverages, Hess drove her car from the bar at about 1:05 a.m. and was involved in an accident. Hess was traveling on Alljoy Road, when the wheels of her vehicle allegedly dropped off into a large unmaintained area on the shoulder of the road. This caused her vehicle to roll over off the side of the road. Hess was not wearing a seatbelt and was over the legal limit for drinking while driving. Hess was ejected from the vehicle and sustained injuries that caused her to be paraplegic.

Hess is suing the bar because she feels as though they were being negligent because they did not check her proof of identification, served alcohol to a minor, and served her alcohol even though she was already impaired by the consumption of alcoholic beverages.

Not only is Hess suing the bar, but she is also suing the South Carolina Department of Transportation, the town of Bluffton and Beaufort County for neglecting to maintain the shoulder of the road that she had her accident on. Hess stated that the South Carolina Department of Transportation knew the condition of the road and failed to fix it, which made it dangerous for drivers.

The attorneys for both the South Carolina Department of Transportation and the bar deny all allegations and claim that injuries sustained in the accident are the sole responsibility of Hess and her negligent actions. Hess’ negligent actions include driving under the influence, losing control of her vehicle, driving too fast for conditions, and not acting in a reasonable manner.

While the Jock’s Sports Grill should have asked for Hess’ proof of identification, Hess was being far more negligent in her actions involving driving under the influence and choosing to drink underage. The fact of the matter is that if she had not chosen to drink underage and then drive after she had consumed a large amount of alcohol, then she would not be in the situation that she is in now. Thankfully, no other drivers were on the road when this accident occurred because this news story would be about Hess facing charges for felony DUI as opposed to suing the bar.

If you have been involved in an accident where the other driver was driving under the influence, then you should consider speaking with an attorney about your case. Most South Carolina personal injury attorneys offer free consultations to evaluate your case. Call Shelly Leeke Law Firm today at 1-888-690-0211 to set up an appointment!

Avoid Injuries This New Year's: Firework Safety Information for SC Residents

Mon, 19 Dec 2011 08:00:00 GMT

With the holidays approaching, many South Carolina residents are purchasing fireworks in preparation for their New Year’s celebration. While fireworks provide a great way to celebrate, they can also be very dangerous. Every year, thousands of people are injured in the United States from lighting off fireworks for festivities. That is why, if you are thinking about setting of fireworks this New Year’s, you should educate yourself on how to properly use these devices.

Here are a few safety tips so that you can reduce the risk of injury while using fireworks in South Carolina:

First, check your local laws pertaining to fireworks before setting them off.

Do not set off fireworks indoors.
The majority of injuries related to fireworks happen to children under twelve years of age. Therefore, do not allow children in this age group to handle fireworks.
If you have other people watching the fireworks, make sure that they stand at a safe distance from where you are setting them off.
Keep a bucket of water nearby so that you can readily extinguish any fires.
Wear protective eyewear when you are lighting the firework.
If a firework does not light on the first try, do not light it again. Set it aside and after thirty minutes have passed, put the firework in water so that it does not shoot off unexpectedly.

While you may have insurance that would cover the cost of any injury or damage caused by fireworks, no amount of money could make up for the emotional effects that a serious firework injury could have on someone.

If you have been injured by a firework in South Carolina, you should consider speaking with a personal injury attorney about the possibility of pursuing an injury claim. Contact South Carolina attorney Shelly Leeke at 843-297-8485 to set up a free consultation appointment.

Crossing a Double Yellow Line in South Carolina

Mon, 12 Dec 2011 08:00:00 GMT

All too often do we see accidents in the news in South Carolina that involve a vehicle crossing the center line and hit another vehicle head-on. That is why it is important to know what South Carolina’s law is when it comes to crossing a double yellow line and also tips on how to prevent an accident like this from happening.

Oftentimes, drugs, alcohol, driving distracted, or drowsiness are the cause of crossing the yellow line; however, attempting to pass another vehicle is another cause that can be avoided. If there is a vehicle in front of you that you would like to pass, it is best to wait until either the dotted line is on your side or there is a single dotted line on the road. If there is a double yellow line, you should NEVER try to pass a vehicle (You are, however, allowed to cautiously cross a double yellow line in order to make a left turn). The double yellow line is put in place for your safety. It signifies a dangerous condition, such as a bend in the road, that could make it difficult to see oncoming cars in the opposite lane. Also, in South Carolina, it is illegal to cross a double yellow line in order to pass a vehicle, so you can expect a ticket in addition to a potential accident if you choose to make such a move.

If you are not traveling beside a double yellow line and it is legal for you to pass, you should first make sure that there are no other vehicles trying to pass you by looking in your rear and side view mirrors and also checking your blind spot. Then, make sure that the vehicle in front of you is going to remain in the same lane and put on your turn signal. Make sure that you are certain that no other vehicles are travelling in the opposite direction and then quickly pass the vehicle in front of you. It is important to note that if you have to exceed the speed limit in order to pass the vehicle, then you should not be passing them at all.

With these instructions in mind, along with defensive driving techniques, you will be able to reduce the chances of getting into an accident that involves crossing the center line. If you know someone who has been involved in an accident where another driver crossed a double yellow line and struck their vehicle, then you should have them call a South Carolina motor vehicle accident attorney. Shelly Leeke Law Firm offers free case evaluations, which can be scheduled by calling 843.297.8485 today!

Medication Errors in South Carolina Nursing Homes

Wed, 30 Nov 2011 08:00:00 GMT

One of the lesser-known forms of nursing home abuse in South Carolina occurs when staff members do not administer the proper dosage of medicine to nursing home residents or make other errors when administering medication. This can have harsh effectson an elder because receiving the right amount of medicine is crucial to keeping them healthy at this point in their life. If a nursing home resident does not receive the correct dosage of medicine, it could result in injuries or even death. Two common causes of medication errors in South Carolina are the fact that multiple doctors may be treating the residents and that some nursing homes are underfunded and cannot afford systems that ensure that the proper dosage is given.

The following are examples of instances where medication errors may take place in South Carolina nursing homes:

Failure to monitor the effects of a medication, including adverse reactions
Failure to continue medication after original dosage
Uneducated staff members
Understaffed nursing homes
Incorrect assessment of the patient’s health
Administering the wrong form of medication
Giving the patient multiple medications that should not be taken together
Staff members switching out medication in order to use the medication for their personal use
Failing to give medications at the proper time
Doubling the dosage of medication after missing a dosage
Giving the wrong medication to a patient

As a result of these errors, South Carolina nursing home patients can experience side effects ranging from confusion and hallucinations to more serious injuries including wrongful death. There are many warning signs of nursing home abuse that you should look out for when you suspect nursing home abuse.

If you feel as though a loved one has not been receiving the correct medication or that medicine was given to them improperly, then you should consider filing a nursing home abuse claim against the nursing home. Contact a South Carolina nursing home abuse attorney today at 843-277-6061 to set up a free consultation.

What Do I Do If My Neighbor's Dog Bit Me in South Carolina?

Wed, 16 Nov 2011 08:00:00 GMT

If you were bitten by your neighbor's dog in South Carolina, then your neighbor can be found liable and must account for the damages that their dog has caused. According to South Carolina's dog bite law, a dog owner is strictly held responsible for their dog's actions, which means that your neighbor will be required to compensate you for any medical bills and other expenses related to incident.

If you are worried about filing a dog bite lawsuit against your neighbor, you should know that most of the time, your neighbor will have homeowner's or renter's insurance that will pay for the damages from the dog bite. Try finding out if your neighbor has coverage and then you can contact a dog bite attorney who can assist you with filing a personal injury claim. You may feel bad about filing a lawsuit against your neighbor, but the fact of the matter is that they were being negligent for letting this happen to you.

In order to ensure that you receive compensation for your injuries in South Carolina, it is important that you have evidence of the dog bite attack as well as can prove that you did not provoke the dog in any way. If you did provoke your neighbor's dog, then you will not be able to recover anything from the lawsuit. Also, it may be hard to prove a dog bite took place if there are no witnesses or you do not have any substantial injuries. That is why it is important to get the contact information of any witnesses and fully document any injuries that were sustained in the dog bite attack.

If you or your child has been bitten by a neighbor's dog, it is important to consult with an attorney so that a better evaluation of your case can be made. Filing a South Carolina dog bite claim against your neighbor can seem like a daunting task, but with the help of a South Carolina dog bite attorney, you can focus more on your recovery and less on your mounting medical bills.

South Carolina Worker's Compensation Benefits Explained

Wed, 09 Nov 2011 08:00:00 GMT

In South Carolina, workers' compensation benefits can potentially cover medical treatment, bills, and death, depending on your particular case and after you have received a medical evaluation. The medical evaluation is important in determining the amount and type of benefits that you willreceive. The following is an explanation of the benefits available under workers' compensation in South Carolina:

Medically, your employer will be required to provide treatment for your injury until you reach a point at which further treatment would no longer help to improve your condition. However, if you require further treatment in order for your condition to stay the same, then your employer's insurance company is responsible for funding that treatment. It is important to note that your employer is able to choose a specific doctor for you to see, but if you feel that the doctor is not providing the best care, then you can request to see a different medical provider. Under workers' compensation, not only will the medical treatment be compensated for, but also any expenses that are incurred as a result of accident. This can include expenses for medicine, transportation to medical appointments, and other medical-related costs. That is why it is important to document all of your expenses with bills, receipts, and notes so that you can insure that you will be entirely reimbursed for expenses related to your injury.

Financially, you will receive compensation every week while you are injured. The amount that you will receive will be lower than what you would normally be paid (2/3 of your normal wage). You cannot receive this compensation if your doctor says that you are physically capable of working. If you held multiple jobs when you became injured, you will be entitled to compensation for both of those jobs. You will not be allowed to receive a higher compensation rate than the determined rate set by the South Carolina Workers' Compensation Commission.

After an on-the-job accident, you may be confused about what step to take next and worried about how you are going to pay for your bills. That is why it is important to contact an experienced South Carolina workers' compensation attorney, who will able to lead you through the process of obtaining worker's compensation benefits. Shelly Leeke Law Firm offers free consultations and works on a contingency basis so that you have one less expense to worry about while you are on the road to recovery.

In the unfortunate event that a loved one is killed while on-the-job, then the family of the deceased is entitled to file a wrongful death lawsuit against the employer. Even though this will not bring back the loved one, it will help to compensate the family for their loss. Refer to our South Carolina wrongful death practice area page for more information or call us at 1-888-690-0211 and we will help answer any questions that you may have.

New SC ATV Law Protects Kids By Holding Parents Responsible

Wed, 26 Oct 2011 08:00:00 GMT

A new law was passed after 8 years of trying for Steve and Pam Saylor, whose son died in an ATV accident. The law states that any rider 15 or younger driving an ATV must have had training, must wear a helmet, and may not operate an ATV with any passengers. The law also prohibits any child younger than six from operating an ATV.

A few years ago, this law was presented to governor Mark Sanford, only to be vetoed and forgotten. Finally, the Saylor's dilligent, relentless efforts paid off and the law was recently passed.

The law holds parents reponsible for ensuring their child wears a helmet, is properly trained, and illegalizes any violation of the law.

This would prevent accidents such as the one involving 8-year-old Spencer McGee, of Coward, SC, which occurred when Spencer was a passenger on an ATV. A deer ran out in front of the vehicle, causing the ATV to flip over and throw him off. Spencer McGee was pronounced dead at a Florence hospital shortly after the accident. Chandler's Law may have saved the lives of both Chandler and Spencer, which is why we are glad that this law is now in effect.

If you or someone you know has been injured or killed in an ATV accident that was not their fault, then you should consider contacting a South Carolina ATV accident attorney at 1-888-690-0211.

Warning Signs That a South Carolina Dog May Bite or Act Aggressively

Mon, 24 Oct 2011 08:00:00 GMT

It is important to be cautious while approaching a dog for the first time. There is always that possibility that the dog may react aggressively and attack. Therefore, whenever you come in contact with a dog, regardless of whether or not you have been around the dog before, you should gauge its behavior first in order to potentially prevent the dog from biting you.

A dog can feel frightened or threatened by you and will display certain body language or bark in order to warn you that it may bite. The following are some examples of warning signs that a dog may bite:

• The fur on the dog's back is standing on end and the ears and tail are pointing upwards
• The dog growls, barks, or snarles at you while showing its teeth
• The dog licks its lips when you come near it
• The dog stares directly at your face
• The dog turns its head away from you
• The dog yawns while you come close to it
• The dog scratches or licks itself
• The dog's legs are planted stiff into the ground
• The ears of the dog are back and close to its head
• The dog curls its tail in between its legs
• The dog cowers under some type of protection
• The dog is visibly ill or old in age

It is likely that if a dog does bite you and you did not do anything to provoke it, then there may be something medically wrong with the dog and the dog owner should take it to see a veterinarian as soon as possible.

By keeping an eye out for these warning signs and looking and listening before you approach a dog, you can greatly decrease the chances of being attacked. If you or someone you know has been bitten by a dog, contact a Charleston dog bite attorney today at 1-888-690-0211 for a free consultation.

Protecting South Carolina Adults: The Omnibus Adult Protection Act

Wed, 05 Oct 2011 08:00:00 GMT

In the South Carolina Code of Laws, the Omnibus Adult Protection Act was created in order to prevent vulnerable adults from becoming victims of abuse, neglect and exploitation. This act does not apply solely to the elderly; anyone over eighteen years of age who are considered to be vulnerable are covered under the act. Similarly, this applies to not only adults living in nursing homes or assisted living facilities, but also private homes.

The different violations of the act are defined below:

Abuse:
This can be any form of physical or psychological abuse. Physical abuse occurs when a person intentionally causes a physical injury on a vulnerable adult. This can be the result of something the person does or fails to do. Hitting, punching, kicking, scratching and pinching are common forms of abuse. Giving a patient more medication than necessary or medication that they do not need in order to control their behavior is another form of physical abuse. Additional physical abuse can occur if a person is restrained or confined in order to alter behavior. Psychological abuse occurs when someone threatened or harasses a vulnerable adult to the point that it causes emotional distress.

Neglect:
An adult living in an assisted living or nursing home may experience neglect if they are not provided the necessary amount of care, goods, or services. Neglect does not have to occur more than once for it to be considered to be in violation of the act. However, it must be able to be proven to have caused serious injury or death for the individual.

Exploitation:
This type of violation occurs when a person forces an adult to do something that they would not normally do if they were not in a vulnerable condition. Exploitation can occur financially as well, which involves a person taking advantage of the vulnerable adult by coercing them to give the person money or assets. This can also be in the form of forcing a vulnerable adult to buy goods or services from a person for that person's benefit.

All of these forms of abuse, neglect, and exploitation can be very devastating for the vulnerable adult. The Omnibus Adult Protection Act ensures that anyone violating this statute is dealt with accordingly. If you believe that someone may be abusing, neglecting, or exploiting a vulnerable adult, then you should contact a South Carolina nursing home abuse attorney at 1-888-690-0211 for a free consultation.