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Understanding Wrongful Death in North Carolina

Posted on October 6, 2018November 13, 2023 by productionnye

Losing someone close to you in a wrongful death incident is an unimaginably tragic and heartbreaking event. There is no doubt that you are feeling overwhelmed by massive amounts of grief and pain. If your loved one’s death was caused by an act of negligence from another party, you may have a case for receiving compensation. The best thing for you to do is to get in contact with a lawyer who has a thorough understanding of these types of cases.

Our expert team of attorneys has a strong comprehension of North Carolina’s laws surrounding wrongful death cases. We have the capability of reviewing the events that led up to the death of your loved one in order to determine what course of action is best for you.

Wrongful death in North Carolina is defined as the death of an individual that was caused by the “wrongful act, neglect, or default of another” party. In order to prove this negligence, you must provide evidence that the guilty party was responsible for providing the individual with a reasonable amount of care, the guilty party did not meet this responsibility due to their harmful act, and that the actions of the guilty party caused the injuries which led to the individual’s death.

A wrongful death lawsuit is extremely similar to a personal injury lawsuit. The main difference is in who is filing the suit. Since the deceased individual cannot file their own lawsuit, a representative of his or her estate must undertake the responsibility of filing the claim. Usually, this is either the individual’s spouse or child.

Damages

There are many damages in a case of wrongful death that compensation can cover. These include both damages with a set monetary value, such as lost wages and medical bills, and those without a set monetary value, such as the suffering that the victim underwent and loss of companionship.

North Carolina’s Statute of Limitations

In the state of North Carolina, you are granted two years after the individual’s death to file a wrongful death lawsuit. If you file after this time period is over, your case will most likely not make it to court. Since the time period is so limited, it is essential to get in contact with a lawyer as soon as possible in order to get started on filing your case. Our expert lawyers will get started right away on investigating the events that resulted in your loved one’s death in order to determine the guilty party. We have the capability of creating the strongest possible case for you.

Causes of Wrongful Death

There are many incidences that can result in wrongful death. Some common causes include:

Truck accidents
Motorcycle and auto accidents
Medical malpractice
Product defects
Medicine defects
Accidents in the workplace

If you lost a loved one due to an act of negligence, you have the right to take legal action. At The Nye Law Group, we know how difficult it is to face this situation. Let our legal team provide you with the guidance and resources that you need during this time. Call us at (912) 200-5230 to find out more about what action to take next.

Slip And Fall Lawsuits in South Carolina

Posted on October 2, 2018November 13, 2023 by productionnye

An unexpected slip and fall can result in a great deal of pain and suffering in your life. Depending on how badly you were hurt, this event may severely affect your quality of life. Additionally, it can bring about costly medical bills. If you are the victim of a fall due to hazardous conditions, you may have to face many hardships, including a painful recovery process, lost wages if you need to take time off of work, and the possibility of long-term damage caused by your injuries.

As the victim of a slip and fall on another person’s property, you have legal rights. If your fall was due to another individual’s act of negligence, you may have grounds for a lawsuit. There are many laws and regulations set in place in South Carolina concerning slip and fall cases. Having an understanding of these laws and regulations is crucial for your ability to build a strong case. Hiring a lawyer can help you in navigating South Carolina’s legislative system and in creating the best possible case for you.

South Carolina’s Slip and Fall Statute of Limitations

There is a time limit for how long you have to file a claim in court. The time limit differs depending on the type of case. In the state of South Carolina, you must submit your slip and fall case within three years of the incidences occurrence. If you fail to file your initial complaint within the appropriate time period, then your case will most likely get thrown out before it ever makes it to the courtroom.

Slip and Fall Lawsuits in South Carolina

The victim must prove that the slip and fall was due to another party’s negligence. A property owner holds the responsibility of ensuring that the property is safe for anyone whose presence is legally allowed on the property. This excludes trespassers. In the event of any clear dangers, the owner must provide an adequate warning to people visiting the property. If you are someone who was allowed on the property and you were injured by a fall caused by unsafe conditions that the owner should have been aware of, then the owner was not exercising his or her responsibility to keep the property free of dangers.

Establishing negligence in a slip and fall case can prove challenging. The best thing to do once you have fallen is to take pictures of the scene. If you are in a place of business, immediately inform an official of your fall, have him or her make a report of the accident, and get your own copy of the report. It is essential to get as much documentation of the incident as possible for your case.

South Carolina Personal Injury Attorney

If you suffered from a fall caused by another party’s negligence, you have an opportunity to seek legal compensation. Contact Nye Law Group for guidance in navigating this situation. Let us provide you with the assistance and resources that you need. Call us at (912) 200-5230 for more information about your options.

Dog Bite Injury Laws in Georgia

Posted on September 28, 2018November 13, 2023 by productionnye

A victim of a dog bite in the state of Georgia has the option of seeking compensation in court for his or her injuries. If you are considering taking legal action after receiving a dog bite, it is essential that you are aware of the rules and laws that apply to dog bite cases. Georgia’s laws concerning dog bites, how severely the victim was injured, and the specific circumstances of the incident all affect the result of the case.

If you’ve been injured by the aggressive actions of a dog in Savannah, Hinesville, or the surrounding Georgian community, our lawyers at Nye Law can help.

Statute of Limitations in Georgia

In the state of Georgia, the victim must file the claim within two years of the incident to comply with the statute of limitations. It is crucial to file your case before the time period expires in order for the case to make it to court.

Georgia’s dog bite statute states that if an individual owns an animal that is “vicious” or “dangerous” and that animal injures another party due to the owner’s careless actions, then the owner may be held liable for the damages. This does not apply to domesticated fowl or domesticated livestock.

In cases of dog bites, Georgia is a state that applies negligence, meaning that the victim must provide proof that the pet owner was aware that the dog posed a possible threat and did not take action to prevent the incident from occurring. If the animal was not on a leash, the injured party may use the leash ordinance that exists in the state of Georgia as evidence. If a dog is not on a leash in an area where leashes are required, that is enough to prove that the dog is dangerous in Georgia’s courts.

Possible Defenses in Georgia Dog Bite Cases

Many possible defenses exist in Georgia’s laws that the dog owner might employ in court.

Since Georgia is a “negligence” state, the owner is considered liable for any injuries their dog causes if they had previous knowledge that their dog is violent. The owner may try to show that they had no prior awareness of the dog’s violent tendencies and therefore are not liable.

The owner is also not considered responsible if the event was not caused by the owner’s inattentiveness towards the animal. In a situation where, for example, the dog was on a leash and was not free to roam around but managed to escape from the owner and bite someone, the owner may not be considered liable.

Another possible defense that the owner may take is showing that the injured party caused the incident to happen by provoking the dog. If the injured party was bitten as a result of irritating the animal in some manner, then the owner is not held responsible for those injuries.

Georgia Dog Bite Attorney

If you or a loved one have received a dog bite injury that was caused by the owner’s negligence, you have the opportunity to seek compensation. Contact the Nye Law Group for guidance in making your claim. Call us at (912) 200-5230 to get more information about your options.

Types of Spinal Cord Injuries in South Carolina

Posted on September 24, 2018November 13, 2023 by productionnye

According to the National Spinal Cord Injury Statistical Center, about 17,700 people receive a spinal cord injury each year in the United States. Sustaining a spinal cord injury is a serious event that can drastically alter the course of your life. The injury may require full-time, lifelong medical care. As a victim of a spinal cord injury, you may suffer from the financial burdens of expensive medical bills and lost wages. If you have received a spinal cord injury in the state of South Carolina, our team at Nye Law Group is here to help.

If your injury was the result of the negligence of another party, you may have the grounds to make a liability lawsuit. Hiring a lawyer who is well-versed in South Carolina’s personal injury laws is the best way to ensure that you make the strongest case possible for yourself.

Spinal Cord Injury in South Carolina

There are different types of spinal cord injuries. Your spine has four different sections. These are the cervical, sacral, lumbar, and thoracic regions. Spinal cord injuries are differentiated by the area that was injured. Depending on the type of injury, the outcome might be long-term pain, partial loss of movement and feeling, or complete paralysis. When it is the lumbar or sacral region that is injured, it usually results in the weakening of the legs and the lower part of the body. This is known as paraplegia. Quadriplegia results in weakening of the arms and legs.

When the part of the body below the injury loses all motor skills and sensation, it is known as a complete spinal injury (CSI). If an individual suffers an incomplete spinal injury, he or she still has the ability to move the area below the injury and some sense of feeling remains.

Types of Spinal Cord Injury

Anterior Cord Syndrome: The motor and sensory pathways in the anterior part of the spine are affected. Some sensation may remain, but the individual cannot move the damaged area.

Brown-Sequard Syndrome: Only one side of the spinal cord is affected. This has an effect on the other side of the body, due to the way that nerve pathways move in the body.

Central Cord Syndrome: Central cord syndrome occurs when the nerve fibers running from the brain to the spinal cord are damaged. This can lead to paralyzed hands and arms, but not legs and feet.

Possible Causes of Spinal Cord Injuries

There are many different incidents that may result in a spinal cord injury. These include:

Automobile accidents
Injuries at the Workplace
Falls
Product Malfunctions
Sports Injuries

Symptoms of a Spinal Cord Injury

These are some of the common symptoms that may accompany a spinal cord injury:

Loss of mobility
Loss of feeling
Spasms
Lack of bladder or bowel control
Difficulty breathing
Pain and numbness
Weakness in muscles

South Carolina Spinal Cord Lawyer

If you or a loved one have suffered from a spinal cord injury, you have the opportunity to seek legal compensation. Our expert team of lawyers at the Nye Law Group have the knowledge and skills to assist you during this trying time. Contact us at (912) 200-5230 to find out more about what options are available to you.

Tragic Effects of Birth Injuries in North Carolina

Posted on September 22, 2018November 13, 2023 by productionnye

Giving birth is a taxing and emotional experience. The last thing that you want on your mind is to worry about the safety of your newborn baby. Having your baby sustain an injury during the birthing process is a traumatic and heartbreaking event. Not only do you have to deal with the tragedy of your baby’s injury, but the cost of medical treatment can also impose a financial burden on your family. If your baby sustained birth injuries in North Carolina due to the negligence of another party, you have rights. Our legal experts can help you in exploring the options that you have available for taking legal action.

Types of Birth Injuries in North Carolina

There are many different types of injuries that a baby may receive during the birthing process. These include:

Cerebral Palsy
Muscle-related Injuries
Brachial Plexus
Klumpke’s Palsy
Erb’s Palsy
Shoulder Dystocia

In some instances, birth injuries are the result of medical malpractice. One mistake during childbirth can have monumental consequences. If your baby’s injury was caused by the irresponsible actions of a medical professional, the best way to proceed is to get in contact with an expert lawyer. Our team will investigate the event and determine what the best course of action for your family is.

North Carolina Statute of Limitations

As with any type of case, there are certain rules and regulations that exist in North Carolina that one must follow when filing a birth injury lawsuit. The statute of limitations for filing a birth injury lawsuit is three years in the state of North Carolina. This means that you must file within three years of the date that the injury occurred. There are, however, exceptions to this rule. You are granted one extra year to file if your baby’s injury becomes apparent after the three year period has ended, within a reasonable amount of time.

Another exception exists in instances where an object remains inside the baby after a post-birth injury surgery. In these cases, there is a time period of up to 10 years after the date of the surgery in which the lawsuit may be filed.

Proving Medical Malpractice

In order to prove that an act of medical malpractice occurred, at least one medical expert must testify in court. The expert is required to provide the court with an affidavit which says that they examined the details of the case and that they believe that the injury was the result of medical malpractice.

Compensation in North Carolina

If you win a birth injury trial in North Carolina, there are different types of compensation that you may receive.

Non-economic Damages: These are rewarded for things that are difficult to assign a monetary value to, such as pain and the effect the injury has on one’s life.

Economic Damages: This is compensation for expenses such as medical bills and the cost of hiring a legal team.

North Carolina Birth Injury Lawyer

If your child sustained a birth injury due to the incompetence of a medical provider, you may be eligible for receiving compensation. Allow us at the Nye Law Group to provide you with the legal services that you need. Contact us at (912) 200-5230 to learn more.

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Author: productionnye