¿Por qué elegir a la abogada de lesiones personales Shelly Leeke Law Firm?
Sea que la lesión fue causada por un accidente automovilístico o un ataque de mordedura de perro, las víctimas de accidentes frecuentemente tienen una cosa en común: no están seguras de que hacer enseguida. El periodo inmediatamente después del accidente o la diagnosis frecuentemente deja a las victimas sintiéndose asustadas, confundidas y abrumadas. Afortunadamente, usted no tiene que navegar este tiempo difícil solo. Los abogados expertos del bufete de abogados de Shelly Leeke están disponibles para responder cualquiera de sus preguntas y para proteger sus derechos legales en una manera compasiva y dedicada que usted merece. Llámenos hoy y aprenda cómo le podemos ayudar.
Por más de una década, el bufete de abogados de Shelly Leeke ha proveído apoyo y orientación a las víctimas de lesiones, el cual es crucial para su bienestar financiero y emocional.
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Nuestras Áreas de Practica
Cuando usted está involucrado en un accidente automovilístico, es posible que no sepa la mejor manera de protegerse.
Niños y menores de edad se enfrentan a un mayor riesgo de lesionarse en accidentes.
Una reclamación de muerte injusta en South Carolina permite que la familia reciba compensación monetaria por su perdida.
Consulte con un abogado de compensación de trabajadores para maximizar la compensación que usted merece.
Victimas que han sido expuestas al amianto pueden calificar para compensación para sus facturas médicas y perdida de salario.
Afortunadamente para las víctimas y sus familias, dueños de perros pueden ser responsables si sus perros atacan o muerden a alguien.
Si un ser querido es abusado o descuidado en un asilo de ancianos, los resultados pueden ser traumáticos para todos los involucrados.
Los reclamantes quienes usan un abogado tienen más probabilidades de ganar sus reclamaciones que aquellos que no lo hacen.
Por Qué Elegir a Shelly
Escoger el bufete de abogados correcto para representarlo después de un accidente o lesión no solamente requiere un historial de éxito, pero también una relación personal para que se sienta cómodo a lo largo del proceso. Nuestro equipo experto y dedicado proveen biografías detalladas de ellos mismos para ayudarle a aprender más sobre sus antecedentes. También esperamos que aprenda más sobre nuestro enfoque general de la práctica de ley.MAS SOBRE SHELLY LEEKE
Lo Que Dicen Nuestros Clientes
No solamente tome nuestra palabra-escuche lo que clientes del bufete de abogados de Shelly Leeke dicen sobre nuestros servicios.
Gracias por darme el libro de accidentes de SC. El libro era muy servicial, fácil de leer e informativo. Es tan agradable tener un abogado atento que está dispuesto a ir el paso extra para mí.
Resultados Exitosos de Casos
Recuperado para una víctima de Accidente Automovilístico
Recuperado para una Víctima de Accidente Automovilístico del Extremo Trasero
Recuperado en un Accidente de Muerte Injusta
Recuperado para una Víctima de Mordida de Perro
Recuperado para un Reclamo De Compensación a Trabajadores
Después de que ocurre un accidente o se sufre una lesión, es posible que se sienta perdido y confundido. Pocas personas que han sufrido un accidente o lesión tienen experiencia extensa en esta área. Sin este conocimiento, se preguntan cuál es la mejor manera de proceder a fin de proteger sus derechos legales. Afortunadamente, nosotros estamos disponibles para proveerle respuestas que usted busca. Revise las preguntas más frecuentes que recibimos y sus respuestas para más información.
Are Parents Compensated When Their Child Is Injured in South Carolina?
When a child is injured, their medical bills cost money too. Children obviously cannot be responsible for their own medical bills, as they are too young to have jobs or money of their own, or even to sign up for an insurance policy. That means that the responsibility for their bills falls to you, their parent. If your child has been injured, you need the assistance of a skilled and professional attorney. Contact Shelly Leeke Law Firm today for a free consultation and case review.
Compensation for the Parents of Injured ChildrenUnder South Carolina law, parents are permitted to recover compensation for their child’s medical bills. This means that, essentially, the parents are permitted to be compensated for what they had to pay on behalf of their child, while only their child can be compensated for their economic damages, like pain and suffering. Essentially, even though your child cannot bring a lawsuit until they are older, you can only recover what you paid on their behalf. The way that damages are calculated is complicated, however, and you should hire a skilled attorney to help you navigate your claim.
When Can My Child Bring a Lawsuit for Their Injuries?Normally, in South Carolina, the statute of limitations for a personal injury case is three years. This means that a plaintiff has 3 years from the time that they discover their injury to file their lawsuit. However, by law, a person must be 18 years old to file a lawsuit – so what if the plaintiff is too young and will not be 18 within 3 years? This is where a legal process called tolling comes into play. Tolling is when the start of a statute of limitations is pushed to a later date, giving a plaintiff more time to file their lawsuit. In South Carolina, if a person is injured while they are a minor, the statute of limitations is tolled, giving the person one year after they turn 18. Even if the child’s injury happened when they are very young, they can bring a lawsuit for their personal injuries up until their 19th birthday. The statute of limitations and totaling issues can be very complicated. You need the help of a highly skilled and professional attorney to advise you during your claim.
What Types of Damages Can I Recover on My Child’s Behalf?As the parent of an injured child, you are limited to the recovery of economic damages. These damages are easily calculable damages that are meant to reimburse money that you were forced to pay because of an injury rather than compensate you for the injuries themselves. Non-economic damages include things such as:
- Medical bills, including physical therapy
- Travel costs to and from treatment
- Costs for an assisted living facility if the victim is permanently disabled
- Costs for a medical assistive device, such as a wheelchair
- The cost of at-home travel medical care
- Repair or replacement costs of damaged property
Bystander LiabilityNormally, when your child is injured, you cannot sue for your lost wages if you, for example, had to miss work to take your child to medical care or had to quit your job to take care of your child. However, there is one exception to this general rule. You can sue for emotional distress damages under a theory of bystander liability if you witnessed the accident to your child.
Elements of Bystander LiabilityBystander liability is brought under the theory of “negligent infliction of emotional distress.” There are five elements that you have to prove to recover under bystander liability.
- The negligence of the defendant must cause either death or serious physical injury to your child.
- The accident happened close to you.
- You and the injured person must be closely related (your child meets this standard).
- You must actually witness the accident.
- You must have emotional distress that shows itself through physical symptoms that can be diagnosed by a doctor and established by that doctor’s expert testimony.
What if My Child Is Injured by Another Child?Under South Carolina law, when a child causes an injury, the plaintiff can often go after the child and their parents. However, children typically do not have any money, so plaintiffs typically sue either the defendant child’s parents or their parent’s insurance company if the injury is something that is covered, such as under homeowners insurance. You can sue the parents of the child that hurt your child, however, the parents are often immune from such lawsuits. Under South Carolina law, the parents of a child are not liable for injuries caused by that child unless the child maliciously or willfully caused the injuries. Maliciously and willfully causing the injuries means that the child did it on purpose, such as by bullying. In that situation, the parents of the child defendant are only liable for $5,000. Your best bet, therefore, is typically to hope that the parents of the other child have some kind of insurance that covers the injury. A skilled lawyer can help you determine your best course of action.
Contact Shelly Leeke Law FirmWhen your child is injured, the last thing that you want to worry about is how you will pay for their injuries. Luckily, there are attorneys to worry about that for you. When your child is injured, you need the help of a skilled and professional attorney. Get the damages that you deserve for your child. Contact Shelly Leeke Law Firm today for a free consultation and case review.
Can Both Parties Be at Fault in a Side-Impact Accident?
Depending on the collision, one or more parties can be at fault. Both parties in a side-impact accident can be found at fault in an accident. This is not ideal but does not hinder you from seeking compensation. You can still pursue payment for your losses when you share liability but it is challenging and a longer process. You must have a detailed investigation into the accident to determine compensation avenues. Discuss your options with a South Carolina side-impact accident lawyer.
How Does Fault Affect Compensation?The police will review the car accident scene when making a report outlining who is at fault and what the cause of the accident was. Shared fault is when they deem that both drivers contribute to the crash like a side-impact car. However, determining who can recover compensation is vital to determining the fault percentage. To seek compensation, you must be under 51% at fault. The driver with the higher percentage of fault will be the one whose insurance company must pay the other for losses. 100% responsibility in an accident means the person cannot recover compensation.
How Is Fault Determined?Since fault is the basis of a compensation claim, it is critical to get it right the first time. Unfortunately, there are varying evaluations of who is at fault. The police will have one version, the insurance company another, and the driver another. Police who respond to the scene will give out tickets and make arrests if necessary, which can indicate fault. If your claim goes to court, the jury may have a completely different version of who is at fault.
Are Police Reports Evidence?Officers will interview drivers and witnesses and review the position of the vehicles after the collision. They will also review physical evidence when writing their reports. They will also look to see if either driver was under the influence, will submit a blood alcohol test, and will complete the entire report when they review all the evidence available. However, all of their work will make no difference because police reports cannot be used in a lawsuit to prove driver negligence. Code 56-5-1290 does allow the police officer to testify in court regarding his report.
Who Is at Fault for Side-Impact Collisions?These crashes happen in cross streets or intersections when people make left turns or converge into traffic. In a side-impact collision, it is essential to determine which driver had the right of way when the accident happened. Therefore, the other motorist who failed to yield will be at fault for the crash. Either or can be at fault. If a car makes a left turn without a turning signal or when the area is clear, they are at-fault. However, a vehicle going straight when the turning signal is on will be liable for an accident.
How Do Insurance Adjusters Determine Fault in Side-Impact Crashes?Regardless of the police report, the insurance company will conduct its investigation to decide on fault and damages. Adjusters will review police reports, collect evidence, and interview the drivers. They will also review medical records and speak to witnesses. Once they obtain everything they need, they will assign percentages of fault to the drivers. They can issue partial faults to two or more drivers. They will then disburse any compensation they are willing to offer according to these percentage points.
How Can a Side-Impact Lawyer in South Carolina Help with Fault?Comparative fault influences the money you can seek after a side-impact accident. The adjuster for both drivers will negotiate percentage points, which is typically a subjective decision. However, when you have a South Carolina car accident lawyer, we can investigate the case and continue negotiating with the insurance adjusters for better percentage points. The goal will be to minimize your fault percentage so you can seek higher compensation.
What Does an At-Fault State Mean?South Carolina is considered an at-fault state, meaning the diver who causes an accident is responsible for the resulting damages. That also means drivers must seek compensation from the at-fault driver's insurance company. To make matters more complex, South Carolina also works under modified comparative negligence, where each party is assigned a percentage of fault.
What Are the Insurance Requirements in South Carolina?All drivers must carry liability insurance that meets the state minimums. South Carolina minimums are $25,000 per person per injury and $50,000 for all people in one accident. Property damage limits are a minimum of $25,000 for one accident. When the driver has uninsured motorist coverage, the amounts equal the diver's liability coverage. Every driver must carry these coverages for when a car accident happens. The insurance companies will argue back and forth about who has to pay. Uninsured motorists make the compensation process more complex, and having a side-impact lawyer representing you can help.
What Damages Are Available for a Side-Impact Case?South Carolina has three forms of compensatory damages accident victims can seek. You can request economic damages like property damage, lost wages, and medical expenses. Injury victims can also seek non-economic damages like loss of consortium, emotional distress, and pain and suffering. Punitive damages are awarded in extreme cases of reckless actions and are available to accident victims. While these damages are available to injury victims, not everyone will qualify. Damage awards are contingent on individual case factors and insurance claims. Fault is also a contributing factor in determining your potential award.
Where to Turn for Legal HelpWhile some car accidents are straightforward, many are not. When two drivers are at fault, you must speak with a side-impact accident lawyer in South Carolina to determine your legal options. We understand the insurance company's tactics to assign more blame to one party so they can come out on top. When we collect substantial evidence of fault, we can work to negotiate a lower percentage assignment for the victims. The lower your percentage, the higher your potential compensation. Contact Shelly Leeke Law Firm for a free case review.
Who Can Bring a Wrongful Death Claim?
If a loved one of yours has died in an accident that was someone else’s fault, you do not need to deal with your loss without getting justice. If you are interested in bringing a wrongful death claim against the party responsible for your loved one’s death, it is important to know whether you are entitled to bring the claim.
Who Can Bring a Wrongful Death Claim?To bring a wrongful death claim, you need standing. Standing is a legal term that means you have the ability to bring a claim to court. In most personal injury lawsuits, the person with standing is the person that suffered the injury. However, in wrongful death cases, this is impossible, because the person who would have standing has died. In this situation, the person with standing to bring the claim is set by state law. The only person that may bring a wrongful death claim in South Carolina is the executor of the deceased’s estate. This means that the damages for the wrongful death claim will be paid to the estate, and then the money will be distributed according to either the deceased’s will or the law.
Becoming the Executor of My Loved One’s EstateThere are two ways to become the executor of an estate. If your loved one wrote a will, chances are they named an executor in the will. The probate court will honor this whenever possible. If your loved one did not name an executor in their will, or if they died intestate (without a will), then the executor will have to be appointed by the probate court. The probate court will usually appoint either the deceased’s spouse or an adult child. The only real requirements on who can be an executor of an estate are that the person must be more than 18 years old and of sound mind. If the deceased’s spouse meets both requirements, they are automatically appointed the executor of the estate. Sometimes, a professional such as an attorney or accountant can be appointed executor of the estate as well. The court case for wrongful death must be brought in the executor's name, or it cannot be brought at all.
How Long Do I Have to Bring a Wrongful Death Claim?There is a time limit on the period that you have to file a wrongful death lawsuit. In South Carolina, you must bring your claim for wrongful death within three years of the death of your loved one. The clock starts at the time of the death of your loved one. Once it starts, you must file your lawsuit within three years, or you will not be able to file it at all.
The Most Common Types of Wrongful Death ActionsThe most common type of wrongful death claims comes from car accidents. This is because everyone drives, but driving can be very unsafe. Also, thousands of car accidents are caused every year by someone’s negligence, giving rise to lawsuits. The next most common type of wrongful death claim is medical malpractice. This is because doctors’ jobs are very difficult, and small mistakes can mean death. When these accidents happen, however, they are still responsible and should be held accountable. The next most common type of wrongful death is product liability which arises when a defective product causes someone’s death. These cases most commonly result from defective car parts such as brakes or airbags. In very rare circumstances, a product liability case can be brought from an airplane crash or furniture falling onto people.
What Is My Burden of Proof in Wrongful Death?In wrongful death cases, you, as the plaintiff, must show that you are entitled to recover by a burden of proof known as a preponderance of the evidence. This is different than in criminal cases, where guilt must be proved beyond a reasonable doubt. The burden of proof is easier to meet in civil cases. In a wrongful death case, you must prove only that it is more likely that the other person wrongly caused the death of your loved one than not. In other words, you must make the jury 51% sure. This is a somewhat low standard, and a skilled lawyer can help you get there.
How Are Wrongful Death Awards Paid Out?In South Carolina, because the wrongful death lawsuit must be brought by the executor of the estate, the award for the lawsuit is paid to the estate. This means that the funds are distributed according to the rules of the will or the rules of state law if there is no will. This means that the damages that are paid to your loved one’s estate will be distributed to the different beneficiaries of your loved one’s estate. This allows everyone who relied on the deceased to get the money that they need and deserve.
What if I Was Born Out of Wedlock?While in the past, there were antiquated rules about illegitimate children and their ability to receive part of the money from their parents' estates. In South Carolina, it makes no difference whether you were born in or out of wedlock. You will be eligible to receive part of the award either way.
Should I Hire an Attorney?The most important thing that you can do for your case is to hire a highly competent attorney. A skilled lawyer will help you by going through your case with you, negotiating settlements with the other party’s attorney, and advising you on the law. The law surrounding wrongful death claims is very complicated, but attorneys dedicate their entire careers to learning and mastering it. If you have recently lost a loved one and are interested in bringing a wrongful death case, make sure that you hire a wrongful death attorney to assist you.
Who Can I Sue if My Child Is Injured in an Accident?
One or more parties can be held financially accountable if your child is injured in an accident. To figure out who to sue, it pays to consult with an experienced personal injury lawyer. From here, you can work with an attorney to file a lawsuit against any at-fault parties and seek the most damages possible. At Shelly Leeke Law Firm, we offer legal help following accidents that result in child injuries. Reach out to a personal injury attorney from our law firm today. When you do, our attorney can review your personal injury case and help you determine the best course of action.
Types of Accidents that Can Result in Injuries to ChildrenThere are many reasons why children suffer unintentional injuries. These include:
Car AccidentsMillions of car accidents take place in cities and towns across the United States every year. Common reasons why these accidents occur include:
- Distracted Driving: A motorist takes their eyes off the road, leading to an accident.
- Drunk Driving: An intoxicated driver cannot stay focused, resulting in an accident.
- Inclement Weather: A driver does not account for sleet, rain, or other harsh weather conditions, loses control of their vehicle, and causes an accident.
Slip and Fall AccidentA child can slip and fall on someone else's property. The accident can occur out of nowhere and leave the child with an injury. Yet, the property owner can be held responsible. It is a property owner's responsibility to take a reasonable amount of care of their home or business. If a child gets injured on this individual's property, the property owner can be held liable. At this point, the child's parent can work with a personal injury lawyer to seek damages. If you meet with an attorney to discuss your child's slip and fall accident and injury, be prepared to give this lawyer plenty of information. The lawyer will gather as much information as possible to determine if the property owner is at fault. If so, the lawyer can help you sue the property owner.
Dog Bite AccidentA dog owner may do everything they can to restrain their pet. Regardless, a dog can inadvertently bite a child. When this happens, your child can get injured and require immediate medical help. If your child is involved in a dog bite accident, make sure they go to a hospital or doctor right away. Your son or daughter can then get the help they need to treat their dog bite injury. After your child receives appropriate medical care, you can pursue damages in a dog bite accident lawsuit. Shelly Leeke Law Firm has many years of experience in dog bite accident cases. We have helped plaintiffs in personal injury cases secure thousands of dollars in damages. Our attorney can take a look at your dog bite accident case and pursue damages against the pet owner responsible for your child's injury.
What It Takes to File a Personal Injury Lawsuit After Your Child Is Injured in an AccidentYou have a maximum of three years from the date your child suffers an injury in an accident to file a personal injury lawsuit. If you wait more than three years, you lose the right to seek damages from any at-fault parties. Therefore, you are solely responsible for any costs associated with your child's injury. A personal injury attorney can review the facts surrounding your child's accident and injury. In addition, the lawyer can help you identify the at-fault parties. The lawyer can then make sure your lawsuit is filed in accordance with South Carolina's statute of limitations. You can seek economic and non-economic damages in your personal injury lawsuit. Economic damages can be awarded for medical bills and other objective losses relating to your child's accident and injury. You can receive non-economic damages for pain, suffering, and other subjective losses.
What to Expect After a Personal Injury Lawsuit for Your Child's AccidentYou are responsible for providing a burden of proof to show that any at-fault parties were negligent and caused your child's accident and injury. This requires you to collect evidence and present it during a trial. A personal injury lawyer can help you determine which evidence may compel the court to rule in your favor. There are several things you can use as evidence in a personal injury lawsuit, including:
- Copies of your child's medical records
- Photos or videos from the accident scene
- An accident report
- Witness statements
How a Child Accident Personal Injury Lawsuit Can Get Resolved without a TrialThe defendant in your child accident personal injury case can propose a settlement at any time before your trial. If you receive a settlement offer, you have three options:
- Accept the proposal, which closes your case
- Decline the proposal, which means you move forward with your litigation
- Counter the proposal, which gives the defendant the opportunity to accept or reject an offer that aligns with your expectations
Reach Out to a Child Accident Personal Injury LawyerShelly Leeke Law Firm can connect you to a child accident personal injury attorney today. To learn more or request a free consultation, please get in touch with us.
How Do I Know What to Do if My Hair Falls Out from a Defective Product?
If your hair falls out from a defective product, try not to panic. In this instance, consult with a doctor so you can undergo an evaluation and identify the root cause of the product. From here, you can seek out help from a product liability attorney if your hair loss may be related to a defective product. At Shelly Leeke Law Firm, we can help you win or settle a defective product lawsuit in South Carolina. To get started, meet with an experienced product liability attorney from our team. Our lawyer can examine your case and help you seek damages from anyone responsible for your hair loss.
Why You Should File a Lawsuit if Your Hair Falls Out Due to a Defective ProductPeople across the United States have seen their hair fall out and are suing hair care product manufacturers. For example, several plaintiffs are seeking more than $75,000 in damages from hair care brand Olaplex as part of a product liability lawsuit. The plaintiffs are claiming Olaplex sold unsafe products that damaged their hair. Before you file a defective product lawsuit, consult with a doctor to verify a faulty product may have contributed to your hair loss. The doctor can also offer tips and recommendations to help you treat any health issues that may be related to your use of a faulty product. If you receive any treatments, keep any documents relating to them, as they may be used as evidence in your lawsuit. Following a consultation with a doctor set up a date and time to engage with a product liability lawyer. You can connect with an attorney that has previously helped their clients secure hundreds of thousands of dollars in damages. This lawyer can help you decide if you should file a product liability lawsuit.
How to Determine the At-Fault Parties that Caused Your Hair to Fall Out from a Defective ProductA product manufacturer or seller can be held accountable for a defective hair care product. Regardless of how many parties you sue in a defective product case, you must be able to prove liability. This requires you to gather evidence to show that one or more parties were negligent and caused your hair to fall out. In a product liability case, it pays to partner with an attorney that knows how to collect and analyze evidence. This attorney can teach you about the different types of evidence you can use to support your request for damages, including:
- The defective product and any packaging or instructions
- The receipt that shows when and where you purchased the product
- Medical records that highlight the severity of your injury and any treatments you have received
- Information about any recalls involving the product
- Photos and videos of the product and/or you using the product
What to Do if You Get a Settlement Offer After Your Hair Falls Out from a Faulty ProductYou are under no obligation to accept a settlement offer in a product liability case. However, it is a good idea to review the offer and consider what can happen if you approve it. If you understand all that an offer encompasses, you can make an informed decision about it. A product liability lawyer can help you assess the pros and cons of accepting a settlement proposal. Your lawyer will not push you to accept the proposal. Rather, your attorney can provide unbiased insights into the proposal so you can make a decision that serves you well. If you decide a settlement proposal does not meet your expectations, your attorney can notify the defendant. Next, your attorney will keep you up to date on any other settlement proposals prior to your trial date. If no settlement is reached, you will present your product liability case to a judge or jury.
How a Judge or Jury Treats a Product Liability LawsuitMany product liability cases are settled outside the courtroom. If your case goes to trial, a judge or jury will listen to what you and the defendant have to say. Each party has the opportunity to present evidence and dispute any claims against them. A judge or jury does not rush to make a decision in a product liability case. All information provided by the parties involved in the case is considered. Then, a judge or jury renders a decision, and the plaintiff finds out if any damages will be awarded. If a judge or jury finds a defendant is guilty of providing you with a product that caused your hair to fall out, you may be awarded full damages. In this instance, the court rules in your favor. The defendant is required to provide compensation due to the harm they caused, and your case is closed.
How to Select a Product Liability AttorneyIt can be challenging to choose a product liability lawyer to represent you and your best interests. Yet, there are several things you can do to speed up your search for the right product liability lawyer. These include:
- Share your legal concerns and questions. Meet with a lawyer to discuss your product liability case and get insights into how the attorney will handle your case.
- Check out an attorney's client testimonials. Find out what past clients are saying about an attorney and their approach to product liability cases.
- Evaluate a lawyer's experience. Select an attorney that knows the ins and outs of product liability law and is willing to go above and beyond the call of duty to help you resolve your case.
Can I Sue for My Child’s Pain and Suffering?
As a parent, seeing your child suffer due to the negligence or recklessness of others can be an overwhelming experience. Not only does it cause emotional distress, but it can also result in financial burdens, especially when dealing with medical bills and ongoing treatments. Sometimes, parents may consider filing a lawsuit to seek compensation for their child's pain and suffering. However, determining whether or not it is possible to sue for a child's pain and suffering can be complicated. This blog post will explore the circumstances under which you can file a lawsuit for your child's pain and suffering.
Understanding Pain and SufferingPain and suffering is a crucial component of personal injury cases, and its effects on the injured party can be significant. In addition to physical pain, an injury can lead to emotional and mental distress, causing long-term consequences such as anxiety and depression. The loss of enjoyment of life can also result in significant financial and emotional burdens for the injured person and their loved ones. These damages are often sought in addition to medical expenses and lost wages. Determining the amount of compensation for pain and suffering can be challenging as it is not easy to assign a monetary value to the distress caused by an injury. Therefore, it is essential to work with an experienced personal injury attorney who can assess the impact of the injury on the injured party's life and seek fair compensation for their pain and suffering.
Can You Sue for Your Child's Pain and Suffering?Whether or not you can sue for your child's pain and suffering depends on various factors, such as the severity of the injury and the specific circumstances that led to it. If your child sustained an injury because of the negligence or intentional actions of another person or entity, it might be possible to file a lawsuit seeking compensation for their pain and suffering. Negligence is the failure to exercise reasonable care that harms another person. For example, if a driver runs a red light and hits your child while crossing the street, the driver may be considered negligent. Intentional actions, on the other hand, are actions taken with the intent to cause harm. For example, if a daycare worker hits your child, that worker may be considered to have taken an intentional action.
When You Can Sue for Your Child's Pain and SufferingAs a parent, seeing your child suffer due to the negligence or recklessness of others can be overwhelming. In some cases, the best course of action may be filing a lawsuit to seek compensation for your child's pain and suffering. However, determining whether or not it is possible to sue for a child's pain and suffering can be complicated. The circumstances under which you can use for your child's pain and suffering vary, and it is essential to understand these situations fully.
Car AccidentsIf your child was in a car accident and injured due to another driver's negligence, you could sue for their pain and suffering. Negligence in a car accident case could include a driver running a red light, failing to stop at a stop sign, or driving under the influence of drugs or alcohol.
Medical MalpracticeMedical malpractice refers to healthcare providers failing to meet the standard of care and harming the patient. If your child sustained an injury because of a healthcare provider's negligence, such as a doctor, nurse, or hospital, you might have the option to sue for your child's pain and suffering.
Defective ProductsDefective products, such as toys or car seats, can cause serious injuries to children. If your child was injured due to a defective product, you could sue for their pain and suffering. Manufacturers have a legal duty to ensure that their products are safe for use and to provide adequate warnings about potential dangers.
Premises LiabilityPremises liability refers to the legal responsibility of property owners to ensure that their property is safe for use. If your child was injured due to unsafe conditions on someone else's property, such as a slip and fall or dog bite, you may be able to sue for their pain and suffering.
Suing for Your Child's Pain and SufferingIf you believe you have a case for your child's pain and suffering, you should consult a personal injury attorney with experience in handling these cases. The attorney will review the circumstances of your child's injury and determine whether or not you have a case. If so, the attorney will help you file a lawsuit and represent you throughout the legal process. When it comes to lawsuits involving minors, there are some additional considerations. For example, in most states, a parent or legal guardian must act as a "next friend" on behalf of the child, meaning they are authorized to bring the lawsuit on the child’s behalf. The court may also appoint a guardian ad litem, a neutral third party, to represent the child's best interests in the case. It's crucial to remember that the statute of limitations for initiating a lawsuit could differ depending on the state and the specifics of the injury. In some instances, you may have a restricted amount of time to file a lawsuit, making it essential to seek advice from an attorney promptly.
Consider Getting Legal Help with Your CaseIf your child has been injured because of someone else's negligence or intentional actions, you may be able to sue for their pain and suffering. The circumstances you can use for your child's pain and suffering can be complicated. It is important to consult with a personal injury attorney with experience handling these cases. With the help of an attorney, you can seek compensation for your child's medical expenses, lost wages, and pain and suffering and ensure that their best interests are protected throughout the legal process. Feel free to turn to Shelly Leeke Law Firm for more help and answers to any questions.
How Is a Wrongful Death Settlement Calculated?
Wrongful death is usually the most valuable type of personal injury claim. Wrongful death lawsuits can reach settlements into hundreds of thousands or millions of dollars, but they could also be much lower. As with every other personal injury claim, there is really no one way to determine how much a wrongful death case is worth, but there are guidelines. If you have lost a loved one, we know that this can be incredibly tragic. What can be even worse is if your loved one was killed because of the actions of someone else. If that is the case, then you need the help of a highly professional wrongful death attorney.
What Damages Are Available in Wrongful Death Claims?Wrongful death cases are similar to most other personal injury cases in that there are certain types of damages that are generally recoverable. These damages are typically split into two categories: general and special. However, in a wrongful death action, a third category of damages is available called survival.
Special DamagesSpecial damages are damages that are easy to determine. You can think of special damages as reimbursement for something that you had to spend money on, such as medical bills and property damage, but also things like lost wages. Funeral expenses are also included in wrongful death actions. In other words, if you have a receipt for something, or you are now without something that you can easily document, it is most likely special damages.
General DamagesWhile special damages are damages that are easily shown with documentation, special damages are essentially the exact opposite. General damages exist to allow a jury to award damages at their discretion, meaning that general damages are awarded for vague concepts of damage rather than a concrete reimbursement. In a wrongful death case, the most common example of general damages is loss of consortium/companionship. There is, obviously, no way to do exact math and assign a dollar amount to how much you “miss” a person. This is why the court allows the jury to use their own experiences and award a discretionary amount of money.
SurvivalSurvival damages are unique to wrongful death actions. The other damages, special and general, reimburse you for the damages that you suffered due to your loved one’s death. However, survival allows you to recover damages that your loved one suffered prior to their death. For example, if your loved one was injured in an accident but did not die right away, the concept of survival damages allows you to recover damages for their pain and suffering, the same way that they would have been able to, had they survived the accident and brought the lawsuit themself.
What if My Loved One Died in a Work Accident?If your loved one was killed in a work accident, most of the time, your wrongful death claim will come through workers’ compensation. This is because South Carolina law requires that your claim be brought through workers’ compensation when your loved one was injured or killed in a work accident. Workers’ compensation uses a specific formula to calculate the amount of damages you may receive, which depends on your loved one’s salary, and whether or not you were dependent on them. If you are completely dependent on your loved one, you are awarded payments equal to two-thirds (66.67%) of your loved one’s salary per week for 500 weeks, which is slightly less than ten years. You are also entitled to a one-time payment of up to $12,000 for funeral expenses. If you were not completely dependent on your loved one, you are awarded the same payments, but those payments are reduced to be proportional to the amount that you were dependent upon them. For example, if you were determined to be 70% dependent on your loved one, you are entitled to 70% of the total benefits.
If My Case Settles, How Will My Damages Be Calculated?All of the calculations above are based on you filing a lawsuit (or workers’ compensation claim), your case going to trial, and you being awarded damages by a jury. However, 95% of all civil cases, including wrongful death cases, do not make it to trial and settle first. If this is the case, there is no way to calculate your award, but there are factors that impact the amount of your award.
InsuranceOne of the main factors that will affect the amount of damages that you receive for wrongful death is whether the defendant has insurance. This is very common, as the most common types of wrongful death accidents are car accidents, medical malpractice, and work accidents. All drivers in South Carolina are required to have car insurance (although some do not), and medical professionals often have malpractice insurance. If your defendant has insurance, there are two factors to consider: the ability to pay and the policy limit. If the defendant is a business, such as a large hospital, neither of these factors means much because whatever the award, the business will be able to pay it. However, if your loved one was killed in a car accident, the ability of the defendant to pay becomes a big issue. This is because the insurance company only has to pay up to their policy limit, which is the contractual maximum amount that they are liable for. While medical malpractice insurance policy limits can be millions of dollars, personal injury protection car insurance limits can be as low as $25,000. If the defendant in your case has no money and no assets, it is very unlikely that you will receive more than the insurance policy limits.
NegotiationThe other factor which will affect how big your settlement is is how good your lawyer is at negotiating. Whether it is with an individual defendant or their insurance company, your lawyer’s aim will be to convince the other party that your case is worth a huge amount of money, while the other lawyer will try to convince you that your case is not worth very much. This is why hiring a skilled wrongful death attorney is so important because the negotiation skill of your attorney will directly affect the amount of money that you can receive.
Can You Get PTSD from a Motorcycle Accident?
Motorcycle accidents can be devastating and traumatic, with serious physical and emotional consequences. One of the potential outcomes of a motorcycle accident is post-traumatic stress disorder (PTSD). This FAQ is designed to answer some of the most common questions about PTSD and motorcycle accidents, including what PTSD is, how it can be caused by a motorcycle accident, how it can be diagnosed and treated, and what legal options are available to those who have suffered from it.
What Is PTSD and How Is It Related to Motorcycle Accidents?PTSD is a mental health condition that can occur after a person experiences or witnesses a traumatic event, such as a motorcycle accident. Symptoms of PTSD can include intrusive thoughts, flashbacks, nightmares, avoidance behaviors, and hyperarousal, among others. These symptoms can be severe and long-lasting and significantly impact a person's daily life. In the context of motorcycle accidents, PTSD can be caused by the trauma of the accident itself, as well as the aftermath of the accident, such as dealing with injuries, medical bills, and legal issues. Additionally, the fear of returning to a motorcycle after an accident can contribute to developing PTSD.
What Are the Signs and Symptoms of PTSD After a Motorcycle Accident?The signs and symptoms of PTSD can vary from person to person, but some common ones include the following:
- Intrusive thoughts or memories of the accident
- Nightmares or flashbacks
- Avoiding anything related to motorcycles or the accident
- Feelings of guilt, shame, or anger
- Emotional numbness or detachment
- Hypervigilance or heightened anxiety
What Are the Legal Options Available to Someone with PTSD After a Motorcycle Accident?If someone has developed PTSD as a result of a motorcycle accident that was caused by someone else's negligence, they may be able to pursue a personal injury claim to seek compensation for their damages. To pursue a personal injury claim, working with an experienced attorney who can help gather evidence, negotiate with insurance companies, and represent the individual in court if necessary is important.
Evidence Needed to Support a Personal Injury Claim for PTSD After a Motorcycle AccidentTo support a personal injury claim for PTSD after a motorcycle accident, the following types of evidence may be helpful:
- Medical records and bills related to treatment for PTSD
- Reports and testimony from mental health professionals who have diagnosed and treated the individual for PTSD
- Witness statements and accident reports that document the circumstances of the accident
- Evidence of any physical injuries sustained in the accident
- Evidence of lost wages or other economic damages resulting from the accident