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Types of Boating Accidents in South Carolina

Posted on April 18, 2018April 6, 2023 by productionnye

The South Carolina Department of Natural Resources (SCDNR) provides two ways for boaters under 16 years of age to take boater education courses that are required to be passed before they can legally operate a 15 horsepower motor-powered boat or personal watercraft (jet ski) without supervision: instructor-led classes and an online course. Boater education classes generally provide students with a solid understanding of how to safely operate vessels.

Even experienced boaters can be prone to moments of negligence, and South Carolina’s thousands of miles of coastline along with numerous rivers and lakes make it a common location for severe boating accidents. People who have sustained serious injuries in any kinds of boat accident in South Carolina will want to immediately contact the Nye Law Group for help obtaining all of the compensation that they are entitled to.

Recreational Boat Accidents in South Carolina

People who are operating their own vessels can be involved in boat collisions that are caused by the negligence of other parties. Some of the most common kinds of boater negligence include, but are not limited to:

Operating while impaired;
Speeding;
Distracted operator;
Failure to observe others; or
Operator inexperience.

Boaters in South Carolina are expected to operate with a reasonable duty of care toward other boaters, and a breach of this duty that causes injuries to another party can make the negligent party liable to the victims for their injuries. Unlike automobile insurance, boaters are not required to maintain insurance policies. A knowledgeable personal injury attorney can assist you in making sure the negligent party is held accountable.

Passenger Injuries in South Carolina Boating Accidents

It is rarely just the boat operators who suffer injuries in boating accidents. Recreational and commercial boats alike often contain multiple passengers. People aboard boats involved in collisions or other accidents are left exposed to several dangers that can result in severe harm.

When a passenger is injured in a boating accident, the nature of the claim can change, depending on the party that was at fault. If the vessel the person was a passenger on was struck by another negligent party, then a claim would be filed against that negligent party.

If a person is injured on a boat because of the negligence of that vessel’s operator or owner, then the victim would seek compensation from that party for failure to provide a safe premises. Boat owners can also be held liable for unsafe practices (such as boating in adverse weather) or failure to provide adequate safety measures (such as the personal flotation devices required by law).

Find a Boating Accident Lawyer in South Carolina

Did you suffer catastrophic injuries or was your loved one killed in a boating accident in South Carolina? You should contact the Nye Law Group as soon as possible to seek legal recourse.

Our experienced Bluffton personal injury attorneys fight to get accident victims all of the compensation they need and deserve. Call 855-636-9277 or contact us online to have our firm provide a complete evaluation of your case during a free consultation.

Compensation for Birth Injuries in South Carolina

Posted on April 15, 2018April 6, 2023 by productionnye

The birth of a child is typically cause of great joy in a family, but the mood can change instantly when a baby is born with a serious injury. In some cases, these injuries may disappear in due time but many other injuries mean a lifelong series of challenges for the child and his or her family.

When a birth injury is caused by a medical professional’s negligence, the family may be entitled to compensation for all resulting damages. The Nye Law Group understands the tremendous emotional and financial stress that birth injuries place upon parents and entire families, which is why our firm fights to help these people get justice.

Types of South Carolina Birth Injuries

The Centers for Disease Control and Prevention (CDC) said in March 2017 that infant mortality rates have declined over the past decade. Babies can still be born with any number of serious injuries that may involve lifelong complications, including:

Brachial plexus injury;
Brain damage;
Brusing or broken bones;
Cerebral palsy;
Hypoxia;
Hypoxic ischemic encephalopathy (HIE);
Internal bleeding;
Kernicterus;
Meconium Aspiration Syndrome;
Nerve damage; and
Shoulder dystocia.

Some birth injury cases can also involve possible injuries to the mother. Many of these cases involve some kind of negligence on the part of medical professionals. It is not always immediately evident to parents that a child has suffered an injury.

Common Causes of Birth Injuries in South Carolina

A few of the most frequent reasons for birth injuries in South Carolina include, but are not limited to such instances of medical negligence as:

Delayed C-section, failure to perform C-section, or other C-section errors;
Failure to diagnose and treat fetal distress;
Forceps delivery errors; or
Medication errors.

Victims in birth injury cases can be entitled to compensation for various damages relating to the full lifetime of care the child will require. In addition to medical bills, this may also include long-term care needs, lost future earnings, and household modification costs. Victims may also be awarded noneconomic damages such as pain and suffering or loss of enjoyment of life.

Families only have three years to commence legal action for birth injuries, so it is important for victims to seek legal representation as soon as possible. Birth injuries can require extensive investigations in order to determine the causes of the injuries, and strong evidence is usually needed to hold negligent parties accountable.

Find a Birth Injury Lawyer in South Carolina

Was your child recently born in South Carolina with a serious birth injury? You will want to immediately contact the Nye Law Group for help determining whether medical negligence was the cause and if another party is liable to you for the damage caused.

Our experienced Bluffton personal injury attorneys represent clients all over South Carolina and work to make sure they receive all of the compensation they are entitled to. Call 855-636-9277 or contact us online to receive a free consultation that will let our firm review your case and help you understand all of your legal options.

Overview of Medical Malpractice in Georgia

Posted on April 14, 2018November 13, 2023 by productionnye

Medical malpractice is an area of law that refers to errors made during medical procedures that have resulted in injuries or death to victims. Medical malpractice cases are extraordinarily complex and require legal claims to satisfy certain requirements.

Georgia Code § 51-1-27 establishes that recovery may be had in torts relating to injuries caused by a medical professional’s failure to exercise a duty of care. While the state legislature enacted laws that capped certain damages in medical malpractice cases, the Supreme Court of Georgia ruled such caps were unconstitutional.

Expert Affidavit Requirement in Georgia Medical Malpractice Actions

Georgia Code § 9-11-9.1 establishes that in any action alleged professional malpractice against a professional licensed by the State of Georgia, licensed health care facility, or other enumerated entity, the plaintiff also needs to file an affidavit:

of an expert competent to testify; and
sets forth specifically at least one negligent act or omission claimed to exist and the factual basis for each such claim.

Medical malpractice claims can stem from a variety of different instances of negligence by medical professionals. Some of the most common kinds of medical malpractice actions include but are not limited to anesthesia errors, birth injuries, failures to diagnose, lack of informed consent, misdiagnoses, prescription errors, and surgical errors.

Article 4 of Chapter 3 of Title 9 of the Georgia Code is dedicated to limitations for malpractice actions. Under Georgia Code § 9-3-71, a medical malpractice action needs to be brought within two years of the date an injury or death occurred, but the statute of limitations may be extended to five years when an injury was not immediately evident.

Damage Caps in Georgia

Medical malpractice lawsuits can result in various kinds of damages being awarded to victims. Most actions involve compensatory damages for economic harm such as medical bills and lost wages as well as non-economic damages such as emotional distress or pain and suffering.

In 2005, the Georgia General Assembly enacted the Tort Reform Act of 2005, which led to the adoption of several maximum damage awards established under Georgia Code § 51-13-1. The law effectively limited victims to no more than $350,000.00 from any single medical facility and $700,000.00 from all medical facilities, and no more than $1.05 million for the aggregate amount of noneconomic damages.

On March 22, 2010, the Supreme Court of Georgia concluded that the noneconomic damages caps in Georgia Code § 51-13-1 violate the right to a jury trial as guaranteed under the Georgia Constitution. This means that victims thus do not face any limitation on the damages they can be awarded in medical malpractice cases.

Find a Medical Malpractice Lawyer in Georgia

If you your loved one was the victim of medical negligence, it is in your best interest to seek legal representation as soon as possible. The Nye Law Group has Georgia offices in Savannah and Hinesville.

Our experienced personal injury attorneys can investigate your malpractice claim and work tirelessly to ensure that all negligent parties are held accountable. You can have us provide a complete evaluation of your case as soon as you call 855-636-9277 or contact us online today to schedule a free, no-obligation consultation.

Identifying Nursing Home Negligence in North Carolina

Posted on April 11, 2018November 13, 2023 by productionnye

Adult care facilities, commonly referred to as nursing homes, are overseen by the North Carolina Division of Health Service Regulation. Adult care facilities are routinely inspected to ensure they are operating in compliance with applicable laws and regulations, and violations can carry penalties that may include fines and suspension of licenses to operate.

Even residents at the most well-run nursing homes can be susceptible to serious injuries that may be the result of employee negligence or misconduct. In some cases, family members can be completely unaware of these types of situation, but victims may exhibit signs of problems in other cases and family members should immediately retain legal counsel in such instances.

Signs of Nursing Home Abuse in North Carolina

It is important to keep in mind that abuse of nursing home patients is not always physical. In many cases, victims may be the victims of emotional abuse, sexual abuse, financial abuse, or just simple neglect.

Some of the warning signs that family members should recognize include:

Poor hygiene;
Pressure ulcers (bed sores);
Refusal or lack of willingness to answer questions;
Unexplained bruises; and
Sudden changes to wills or bank accounts.

When you suspect that your loved one is the victim of nursing home abuse or neglect, you should be certain to document the wrongdoing and begin looking into possibly transferring him or her to another facility. You should then contact Nye Law Group as soon as possible.

Kinds of North Carolina Nursing Home Abuse Claims

Nursing homes can be held liable for many different types of negligent acts. Victims may be entitled to compensation for several different kinds of damages. Many cases involve a nursing home’s hiring practices.

For example, a facility could be liable if it hires a dangerous person with a criminal record who commits a violent act against a resident or steals from a resident. Other nursing homes that are seeking to reduce costs may also be held accountable if understaffing measures resulted in residents receiving inadequate care.

Similarly, fail to properly train new employees can also have catastrophic consequences for residents. Victims in some cases suffer serious or even fatal injuries as the result of prescription drug errors, often attributed to improperly trained employees.

When a loved one is the victim of continuing abuse, he or she may be reluctant to speak to you while a certain employee is present. If you notice this behavior or staff members ever refuse to allow you to see your loved one, you should immediately seek legal representation.

Find a Nursing Home Abuse Lawyer in North Carolina

Do you believe that your loved one has been the victim of negligence or abuse at a nursing home in North Carolina? You will want to contact The Nye Law Group as soon as possible.

Our experienced personal injury attorneys in Charlotte will a thorough investigation and work to hold all negligent parties accountable. You can call 855-636-9277 or contact us online to receive a free consultation that will let our firm review your case and help you understand all of your legal options.

Obtaining Damages for South Carolina Construction Accidents

Posted on April 8, 2018November 13, 2023 by productionnye

The Occupational Safety and Health Administration (OSHA) states that the fatal injury rate for the construction industry is higher than the national average for all industries. Workers in the construction industry face a variety of hazards every day on the job, and various kinds of negligence by other parties can lead to innocent workers suffering severe or possibly fatal injuries.

Victims in construction accidents are frequently unable to return to work for several months or possibly even years. In some cases, injured workers are permanently unable to maintain any gainful employment.

As a result, construction accident victims and their families struggle to pay medical bills because of lost income. When an accident is the result of another party’s negligence, the victim can be entitled to damages for these hardships.

Fatal Four Construction Accidents in South Carolina

When it comes to construction accidents, the annual list of workplace fatalities is often topped by what OSHA has come to refer to as construction’s “Fatal Four.” The leading causes of deaths in the construction industry were:

Falls — Often the result of unprotected sides, improperly constructed scaffolds, or holes in floors, among other causes;
Struck by object — May include falling objects or vehicles;
Electrocution — Possibly involving contact with power lines or misuse of certain electrical equipment; and
Caught between objects — Usually involving a lack of or failure to inspect a protection system.

The above list is by no means exclusive. Construction workers can suffer several other debilitating injuries as the result of accidents on the job. Whether a person is injured in a Fatal Four incident or another kind of accident, other common injuries may include burn injuries, traumatic brain injuries (TBIs), or spinal cord injuries.

Third Party Claims Arising from South Carolina Construction Accidents

Because of South Carolina’s “exclusivity doctrine,” employees who receive workers’ compensation from their employers are prohibited from filing lawsuits against those employers. Workers’ compensation rarely provides enough financial resources for victims to meet their many needs.

In some cases, it may be possible that another party other than the employer bears liability for a victim’s injuries. Possible examples of third parties that could be held liable include:

Manufacturers of defective products or machinery;
Project managers;
Engineers;
Architects;
Subcontractors; or
Drivers of other vehicles.

Victims can file lawsuits against negligent third parties while receiving workers’ compensation from their employers. It is important for any person injured in a construction accident to retain legal counsel as soon as possible to immediately commence an investigation that can identify all possible negligent parties.

Find a Construction Accident Attorney in South Carolina

If you sustained serious injuries or your loved one was killed in a construction accident in South Carolina, you will want to quickly seek legal representation. The Nye Law Group has an office in Bluffton but serves communities all over South Carolina.

Our experienced personal injury lawyers will fight to make sure that you receive all of the compensation you are entitled to. We offer a free consultation when you call 855-636-9277 or contact us online to schedule a free consultation.

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Author: productionnye