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How To Handle a Dog Bite Claim in South Carolina

Posted on June 23, 2018April 6, 2023 by productionnye

As friendly and fun-loving as most dogs are, their actions are always unpredictable. Certain canines may have a propensity to act violently toward others without provocation.

In Giles v. Russell, 225 S. Ct. 513, 180 S.E. (2d) 201 (1971), the South Carolina Supreme Court held that domestic animals are not presumed to be dangerous to persons. Thus, a victim is required to prove that a dog’s dangerous or vicious nature was known or should have been known to the owner.

This requirement is more commonly known as the “One Bite Rule,” and it allows owners to escape liability when dogs had no prior history of attacks.

If you or your loved one spend suffered severe injuries because of a dog bite in South Carolina, you will want to contact the Nye Law Group. Our firm assists dog attack victims and fights to get maximum compensation. Call 855-636-9277 to schedule a free consultation.

Handling a Dog Bite Claim in California

Many dog bite claims are resolved through a dog owner’s homeowners insurance policy. Victims should avoid speaking to a dog owner’s insurance company.

Insurers often present proposed settlements that are much less than what victims are entitled to. Furthermore, insurance company representative will often try to get victims to make damaging recorded statements that are used to reduce the values of claims later on.

In some cases, dog owners or insurance companies may argue victims provoked dogs. Do not attempt to explain otherwise without legal counsel.

Provocation is crucial because South Carolina Statute § 47-3-110 establishes that a dog owner is not liable when a person provokes a dog into attacking him or her. Damages in dog bite cases may include medical expenses, lost income, and pain and suffering.

Evidence can be critical in dog bite cases. Victims should be certain to get the contact information for all witnesses who saw dog attacks.

When a dog attack occurs on premises that are a shared area, then a landlord could be liable if he or she knew the dog’s dangerous tendencies. Certain dog attacks can cause very lasting psychological damage in some victims.

Insurance companies often downplay the potential harm caused and try to pressure people into accepting lowball settlements. Do not be deceived. You deserve all of the compensation you are entitled to for all of your past, present, and future medical bills, lost wages, and other damages.

South Carolina Dog Bite Attorney

If a dog bit you or your loved one in South Carolina, it is in your best interest to seek legal representation before speaking to any insurance company. You will want to contact the Nye Law Group as soon as possible.

Our Bluffton personal injury lawyer will fight to make sure you receive every last dime of compensation you are entitled to. He can provide a complete evaluation of your case as soon as you call 855-636-9277 or contact us online to schedule a free consultation.

Five Types of Nursing Home Abuse in Georgia

Posted on June 20, 2018April 6, 2023 by productionnye

Those in nursing homes are guaranteed certain rights under Georgia law. Article 5 of Chapter 8 in Title 31 of the Georgia Code is also known as the “Bill of Rights for Residents of Long-term Care Facilities.” The nursing home bill of rights essentially provides residents of long-term care facilities certain rights such as the right to retain and use personal property, the right to privacy, and the right to a cause of action against a facility for any violation of rights under Article 5.

When a resident or a family member of a resident believes that a long-term care facility has violated a provision of the bill of rights or otherwise committed nursing home abuse or neglect, the victim will want to quickly retain legal counsel, and you should contact the Nye Law Group as soon as possible. Call 855-636-9277 to schedule a free consultation.

Common Kinds of Nursing Home Abuse

The Georgia Division of Aging Services identifies the five types of abuse:

Physical Abuse — In addition to physical assaults of residents, physical abuse can also include other incidents that cause physical harm, including unnecessary use of restraints or food deprivation. Nursing home residents may be afraid to report aggressive employees so it’s vital visitors and families keep a look out for any signs of physical abuse.
Emotional Abuse — Employees may commit emotional abuse in many ways. Harassment, humiliation, and intimidation all constitute forms of emotional abuse, and many residents can be too ashamed to admit they need help, especially in the case of emotional abuse.
Financial Abuse — Nursing home residents can be victims of various kinds of financial exploitation, including having cash stolen, mismanagement of their accounts, or having their signatures used for other kinds of financial malfeasance. Many residents can be completely unaware of how their assets have been misappropriated.
Sexual Abuse — Some residents of nursing homes may be the victims of molestation, sexual assault, or other sex crimes. Similar to emotional abuse, victims of sexual abuse are often reluctant to share details about their experiences.
Neglect — Several nursing home resident injuries are the result of simple caregiver negligence. Assisted-living facilities may be liable when a resident is injured because of an employee’s failure to provide basic services or take certain preventive measures.

The Division of Aging Services also identifies self-neglect as another form of abuse but notes that self-neglect is not a crime.

It is important for family members with loved ones in nursing homes to know the signs of possible abuse and to not be afraid of investigating these situations further if abuse is suspected. You can file a complaint that will prompt a state investigation of a nursing facility or other long-term care assistance center, and your family could be entitled to compensation for medical expenses, pain and suffering, and other damages.

Find a Nursing Home Abuse Lawyer in Georgia

If your loved one has been the victim of any kind of nursing home abuse or neglect in Georgia, it is in your best interest to immediately seek legal representation. The Nye Law Group represents clients throughout Georgia.

Our firm has offices in Hinesville and Savannah. You can have our Georgia personal injury attorney review your case and help you understand all of your legal options when you call 855-636-9277 or contact us online to schedule a free consultation.

Understanding Wrongful Death Law in South Carolina

Posted on June 17, 2018April 6, 2023 by productionnye

A death that is caused by neglect, a wrongful act, or at the hands of another person or party is referred to as a wrongful death. A wrongful death lawsuit is different from a survival action, which is the personal injury action the deceased would have filed had he or she survived. Both wrongful death and survival actions must be filed by the executor or administrator of the deceased’s estate.

If your loved one was killed by another party’s negligence or wrongful act, you only have three years to file a legal claim. It is important to take immediate action because these accidents typically require extensive independent investigations. Failure to file a wrongful death claim within the statute of limitations will result in a court refusing to hear your case.

The Nye Law Group understands that families need time to grieve, which is why our firm handles all of the court appearances and legal paperwork deadlines for our clients during these extraordinarily difficult times. You can take advantage of a free consultation as soon as you call 855-636-9277 to schedule an appointment.

Filing a Wrongful Death Claim

While the executor or administrator of the deceased’s estate is the party that brings the lawsuit forward, damages awarded will be distributed to certain family members as designated by South Carolina state law. The primary beneficiaries are typically the deceased’s spouse and children.

When there are no spouse or children, a wrongful death lawsuit compensates the deceased’s parents. If the deceased has no living parents, a wrongful death lawsuit is for the benefit of his or her legal heirs.

Wrongful death lawsuits may stem from any one of a number of common accidents, including but not limited to:

Birth injuries
Medical malpractice
Car accidents
Motorcycle accidents
Mesothelioma
Nursing home abuse
Construction accidents
Medical malpractice
Truck accidents

The damages that may be awarded in a wrongful death case include funeral expenses as well as lost income the deceased would have provided. Certain awards, such as pain and suffering, can be more difficult to obtain in survival actions.

Do not let concerns about affording an attorney prevent you from retaining legal counsel. The Nye Law Group represents clients on a contingency fee basis, meaning you pay our firm absolutely nothing unless you receive a monetary award.

Find a Wrongful Death Lawyer in South Carolina

Was your loved one killed by another person’s wrongful act or negligence in South Carolina? You should make sure that you do not speak to any insurance company until you have legal representation.

Some insurers will quickly attempt to offer settlements to families in an effort to keep their cases out of court. These proposed settlements are often much less than what families are actually entitled to.

The Nye Law Group can fight to make sure that you receive all of the compensation your family needs and deserves after the death of your loved one. You can have our Bluffton personal injury attorney review your case and help you understand all of your legal options as soon as you call 855-636-9277 or contact us online to take advantage of a free consultation.

Overview of North Carolina Product Liability Law

Posted on June 16, 2018April 6, 2023 by productionnye

Chapter 99B of the North Carolina General Statutes establishes provisions relating to product liability claims in the Tar Heel State. North Carolina General Statute § 99B-1.1 specifically states that there is no strict liability in product liability actions.

In other words, a manufacturer is not automatically liable when one of its products injures a person. A person pursuing a product liability claim in North Carolina will have to satisfy certain requirements in order to hold a negligent party accountable.

Did you suffer severe injuries or was your loved one killed by a defective product in North Carolina? You will want to immediately contact the Nye Law Group. Our firm represents clients in communities throughout the Charlotte area. You can receive a free consultation by calling 855-636-9277.

Types of Product Liability in North Carolina

North Carolina recognizes three kinds of product liability claims:

Manufacturing Defects — A product caused an injury because it was defectively manufactured. These are typically isolated cases in which some kind of error in the manufacturing process made the product unreasonably dangerous.
Design Defects — When a product is improperly designed, multiple people may be harmed because of the defect. Product liability actions based on design defects frequently become class action lawsuits as multiple people suffer similar injuries due to the same problem.
Failure to Warn — Product manufacturers can also be liable for not providing adequate instructions or sufficient warnings about dangers of improper product uses.

A person generally has three years to commence a product liability action in North Carolina. It is important for any victim injured by a defective product to not throw that product away. Instead, store the dangerous product in a safe place where nobody else will access it and potentially harm themselves as well.

You should also keep all receipts relating to your purchase of the defective product. Additionally, after you have been injured by a defective product, you shouldn’t delay seeking medical treatment.

Insurance companies for negligent manufacturers will use any delays in treatment to argue a victim’s injuries were not as serious as he or she claims. By immediately seeking medical attention, you also protect your own long-term health as some serious injuries do not always have immediate symptoms.

Victims in product liability cases may be entitled to economic damages for calculable harm such as medical bills and lost wages. Noneconomic damages such as pain and suffering may also be awarded, and certain cases can involve possible punitive damages when a defendant is determined to have acted maliciously, wantonly, or in an otherwise careless and reckless manner.

Find a Product Liability Attorney in North Carolina

If you suffered catastrophic injuries or your loved one was killed by a defective product in North Carolina, do not delay in seeking legal representation. The Nye Law Group represents clients all over the Tar Heel State.

Our Charlotte personal injury lawyer will fight to get you full and fair compensation for all of your medical expenses, lost wages, and other damages. Call 855-636-9277 or contact us online to have our attorney provide a complete evaluation of your case during a free consultation.

Five Common Causes of Car Accidents in South Carolina

Posted on June 13, 2018April 6, 2023 by productionnye

While all motor vehicle accidents involve their own unique factors, many car crashes share the same causes. Many of these common causes of crashes are examples of negligence for which the negligent drivers become liable to victims for various damages, including medical expenses, lost income, and pain and suffering.

Did you sustain serious injuries or was your loved one killed in a car accident in South Carolina? You will want to contact the Nye Law Group as soon as possible. Call 855-636-9277 to schedule a free consultation.

Frequent Causes of Car Accidents in South Carolina

Among the many different possible causes of automobile crashes, five of the most common include the following:

Distracted Driving — In recent years, an increasing number of crashes have involved drivers preoccupied with mobile phones. Texting while driving is especially dangerous because it is considered a cognitive, manual, and visual distraction. Other cell phone use can be just as dangerous, and other distractions such as eating while driving can also cause accidents.
Reckless Driving — The South Carolina Code establishes that a person commits a reckless driving crime when he or she operates a vehicle in willful or wanton disregard for the safety of others. A conviction for this offense, which can apply to a broad number of scenarios, may be evidence of negligence used against the driver in a personal injury lawsuit.
Speeding — However common it might be for drivers to operate at speeds exceeding posted limits, such violations also result in significant effects on other driving behaviors in emergency situations. Accidents caused by speeding drivers often involve catastrophic injuries.
Drunk Driving — Driving under the influence (DUI) of alcohol or drugs makes any person more likely to cause a motor vehicle accident. Drunk drivers can still be held civilly liable for victim injuries even if they avoid criminal convictions for the offenses.
Turn Accidents — Several crashes stem from one driver turning in front of or into another. Some turns may have been unlawful. In other cases, drivers misjudge the speed of other vehicles.

Every accident has its own independent factors that can dramatically impact all personal injury claims stemming from the crash. You will want to make sure that you retain legal counsel as soon as possible after an accident in order to have a lawyer conduct an independent investigation of your scene to accurately determine all negligent parties, especially in cases involving multiple vehicles.

Find a Car Accident Attorney in South Carolina

If you suffered severe injuries or your loved one was killed in a car accident anywhere in South Carolina, it is in your best interest to quickly seek legal representation. Contact the Nye Law Group as soon as possible.

Our Bluffton personal injury lawyer can negotiate with the negligent driver’s insurance company to make sure you receive a fair and full settlement that accounts for all of your past, present, and future needs. Call 855-636-9277 or contact us online to have our firm provide a complete evaluation of your case during a free consultation.

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Author: productionnye