Blog – Page 32 – The Nye Law Group, P.C.

The Very Real Costs of Motorcycle Accidents in North Carolina

Posted on July 15, 2018November 13, 2023 by productionnye

For many motorcyclists, a big part of the joy of riding is the feeling of personal freedom. Exposure to the elements while cruising roads is an inherent part of the thrill.

The unfortunate truth remains that as part of such openness, motorcyclists are also susceptible to a wide range of highly serious and possibly fatal injuries when they are involved in accidents with other motor vehicles. Even when victims are lucky enough to survive motorcycle crashes, the nature of their injuries can often be so severe that they will never have any hope of being able to return to their former states.

If you suffered severe injuries or your loved one was killed in a motorcycle accident in North Carolina, do not delay in contacting the Nye Law Group. Our firm will fight to help you recover every dollar of compensation you are entitled to.

Motorcycle Accident Damages in North Carolina

When a person files a legal action for damages relating to injuries he or she sustained in a motorcycle crash, the types of damages he or she may be awarded can vary. In most cases, a person will be awarded some combination of economic and noneconomic damages.

Economic damages are the more calculable personal losses, usually intended to cover a victim’s out-of-pocket expenses. Typical kinds of economic damages typically include lost wages and medical bills.

Noneconomic damages are much more subjective because they are not inherently quantifiable. Typical kinds of noneconomic damages include awards for disfigurement or pain and suffering.

In some very limited cases, victims could be entitled to punitive damages. Punitive damages are only awarded in North Carolina cases in which a negligent party acted with malice or willful or wanton misconduct. Negligent drivers arrested for driving while impaired (DWI) after causing motorcycle crashes are one of the most common kinds of possible punitive damage cases.

North Carolina Motorcycle Accident Injuries

People can suffer a variety of possible injuries in a motorcycle accident, including:

Road rash
Paraplegia
Spinal cord injury
Traumatic brain injury (TBI)
Fractures (broken bones)
Muscle damage
Internal organ damage
Nerve damage
Neck injury

Victims who suffer these kinds of injuries not only face extremely lengthy hospital stays that can result in thousands of dollars of medical expenses, but they often require extensive rehabilitation after being released. The additional care results in even more financial strain.

On top of all of this, many victims are unable to return to their former jobs—and some people are completely unable to return to work in any meaningful capacity. In all of these cases, victims deserve to have the challenges they face resolved by the negligent party that cause their injuries.

Find a Motorcycle Accident Lawyer in North Carolina

Did you suffer serious injuries or was your loved one killed in a motorcycle crash in North Carolina? Whatever you do, do not make any statement to an insurance company without first contacting the Nye Law Group.

Our Charlotte personal injury attorney can work to make sure that you get the help you need and deserve. You can have our firm review your case and answer all of your legal questions as soon as you call 855-636-9277 or contact us online to schedule a free consultation.

Types of Birth Injuries in South Carolina

Posted on July 14, 2018April 6, 2023 by productionnye

In most cases, the birth of a child is a joyous occasion that families savor. Unfortunately, certain errors committed during childbirth frequently result in newborns being born with serious injuries.

In many cases, these children can face entire lifetimes of challenges. If the injury was the result of a medical professional’s negligence, the victim and his or her family could be entitled to compensation.

The Nye Law Group handles various kinds of birth injury claims for client all over South Carolina. Our firm fights to hold negligent parties accountable.

Causes of Birth Injuries in South Carolina

A birth injury could be the result of any one of many possible actions that were taken before or during delivery. Many cases require some extensive investigations to uncover the actual causes.

When negligence is discovered, some of the most common examples involved in birth injury claims include, but are not limited to:

Forceps delivery errors
C-section errors such as delayed C-section or failure to perform C-section
Medication errors
Failure to diagnose and treat fetal distress

When a child is born with a severe injury, his or her family can be entitled to many kinds of damages relating to the financial and emotional costs of caring for the child. Economic damages are intended to cover calculable losses, such as medical expenses, lost wages, and household modification costs.

Victims may also be awarded noneconomic damages for more subjective kinds of harm. Common noneconomic damage awards can include pain and suffering or emotional distress.

It is crucial for victims in these types of cases to understand that they only have a limited amount of time to take legal action. South Carolina state law places a three-year statute of limitations (time limit) on birth injury claims, so it is critical for people to retain legal counsel as soon as possible.

Common Kinds of South Carolina Birth Injuries

According to a March 2017 National Center for Health Statistics data brief, infant mortality rates have declined from 2005 through 2014. When birth injuries happen, some of the most frequent types include, but are not limited to:

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

In addition to injuries to children, certain types of medical negligence may also result in injuries to mothers. Specific injuries to children are not always evident to some parents.

Find a Birth Injury Attorney in South Carolina

If your child was born with a birth injury or you suffered injuries during childbirth because of medical negligence, it is in your best interest to quickly retain legal counsel. Contact the Nye Law Group right away.

Our experienced personal injury lawyer will fight to make sure that you receive every last cent of compensation you are entitled to. You can take advantage of a free consultation to have our firm provide a complete evaluation of your case when you call 855-636-9277 or contact us online today.

How Distracted Driving Laws Work in Georgia

Posted on July 11, 2018April 6, 2023 by productionnye

Many people are constantly using their cellular phones. In addition to talking or texting, a wide variety of apps allow people to also use their mobile devices to play games, watch videos, or partake in any one of a number of other forms of entertainment.

Unfortunately, one of the times that our difficulty putting down our phones proves to be the most challenging is when we are behind the wheels of motor vehicles. People driving automobiles should always avoid using their cell phones because it is essential for all motorists to have their eyes on the road at all times.

If you suffered severe injuries or your loved one was killed in a distracted driving accident in Georgia, you will want to make sure that you take specific steps to protect your ability to recover compensation for your medical bills, lost wages, and pain and suffering. Make sure that you contact the Nye Law Group before speaking to any insurance company about your crash.

Distracted Driving Laws in Georgia

Georgia state law prohibits all motorists from texting while driving. School bus drivers and drivers less than 18 years of age are banned from all cell phone use. In addition to possible points being added to driving records, violators are also subject to fines—which may be doubled if drivers are involved in accidents.

Certain exceptions exist to the texting while driving ban. Law enforcement officers, public utility workers, and certain other parties are exempt from cell phone bans, and state law affords immunity to people using a cell phone to report:

a situation in which his or her personal safety is in jeopardy
a traffic accident
a serious road hazard
the perpetration of a criminal offense
a medical emergency

Steps to Take Following a Distracted Driving Crash in Georgia

After an accident caused by a distracted driver, the other parties involved should all take steps to seek medical attention. This holds true even when people do not believe they were hurt. Some injuries involve delayed symptoms.

Furthermore, you will want to create a medical record as soon as possible. Insurance companies are notorious for questioning the validity of an injury claim when there are delays in treatment.

Victims can also benefit their injury claims by trying to take as many pictures as possible of the crash scene. When a person is unable to do this because of the need for medical care, he or she should ask a friend or family member.

Lastly—but most importantly, a person will want to seek legal representation immediately. Working with an experienced personal injury lawyer will help you subpoena the negligent driver’s phone records, which may be used to prove fault.

Find a Distracted Driving Accident Attorney in Georgia

Did you sustain catastrophic injuries or was your loved one killed in an automobile accident caused by a distracted driver in Georgia? Do not speak to an insurer before you first contact the Nye Law Group.

Call 855-636-9277 or contact us online today to have our lawyer review your case. Our firm has office locations in Savannah and Hinesville.

Understanding Fault in South Carolina Car Accidents

Posted on July 7, 2018February 7, 2024 by productionnye

While in the aftermath of an accident, some people who were seriously injured begin to question how much their own actions contributed to crashes occurring, they should not speak to insurance companies representing any of the other drivers involved. In such cases, even seemingly minor admissions can be devastating for the personal injury claims relating to those incidents.

If you have suffered severe injuries or your loved one was killed in a car accident in South Carolina, you will want to contact the Nye Law Group as quickly as you can. Our firm can speak to insurers on your behalf and negotiate a fair and full settlement for your medical bills, lost wages, and pain and suffering. If an insurance company is not willing to provide adequate compensation, we can file a lawsuit.

Negligence Laws in South Carolina

South Carolina Code § 15-1-300 clearly states that contributory negligence does not bar recovery in a motor vehicle action. In other words, a person can still recover damages in a lawsuit stemming from a car accident even if he or she was partially at fault.

Under the statute, a person is permitted to recover damages so long as his or her share of negligence was not more than the defendant’s or the combined negligence of all other parties when there are multiple defendants. An individual is prohibited from recovery only when he or she is 51 percent or more at fault for his or her injuries.

The amount of negligence that is attributed to a plaintiff is essential because that will also factor into a reduction in the final jury award. As an example, a person who is awarded $100,000 in a car accident case but is found to have been 30 percent at fault would see his or her award reduced by $30,000 and would ultimately receive $70,000.

Critical Post-Crash Actions in South Carolina

A general rule for car accident victims in all states is to seek medical attention immediately. Even when people do not think they were hurt, specific injuries involve delayed symptoms and insurance companies often use delays in treatment to argue that damages were not that serious.

After receiving medical care, victims should avoid speaking to insurers, and insurance companies will typically make multiple attempts to contact people injured in car accidents. In many cases, insurers pressure victims into accepting settlements that are far less than what they are entitled to.

When you have been injured in a car accident in South Carolina, the only phone conversation you will want to have afterward is with an experienced personal injury attorney. Your legal counsel will be able to represent you in all dealings with insurance companies so you can recover as much compensation as possible.

Find a Car Accident Lawyer in South Carolina

If you or your loved one was severely injured in a car crash in South Carolina, you will want to seek legal representation quickly. The Nye Law Group serves residents and visitors in the greater Bluffton areas.

You can receive a free, no-obligation consultation that will let our firm provide a complete evaluation of your case as soon as you call 855-636-9277 or contact us online today.

Overview of Modified Comparative Negligence in South Carolina

Posted on June 30, 2018April 6, 2023 by productionnye

South Carolina uses a modified comparative fault system for allocating fault and damages. Comparative fault refers to the system in which damages are apportioned based on the respective shades of fault.

In a pure comparative fault system, no percentage of negligence will bar recovery for a plaintiff. In a modified comparative fault system, the plaintiff cannot recover damages when his or her percentage of negligence exceeds that of the defendant’s. Both systems are more favorable to plaintiffs than contributory fault systems, under which plaintiffs cannot recover anything if they had any degree of fault relating to their claims.

The comparative fault system quickly becomes an issue in many car accident cases, when fault can be hotly contested. The Nye Law Group assists car crash victims throughout Georgia. Call 855-636-9277 to take advantage of a free consultation.

South Carolina Comparative Negligence Law

In the case of Ross v. Paddy, 340 S.C. 428, 532 S.E.2d 612 (Ct. App. 2000), the South Carolina Court of Appeals held that comparative negligence is an affirmative defense and a plaintiff’s negligence cannot exceed that of the defendant’s. This form of modified comparative fault is more commonly referred to as the “51 percent rule,” because a person is essentially prohibited from filing a lawsuit if he or she is more than 50 percent at fault.

To understand how modified comparative fault works, consider the following scenario. An individual suffers $100,000 in damages stemming from an auto accident primarily caused by another driver but is found to have been 25 percent at fault. In South Carolina, this person would ultimately receive $75,000.

The limitation on plaintiff negligence in modified comparative fault claims is different from the pure comparative fault system allows victims to recover damages when they are more than 51 percent at fault. Modified comparative fault is subject to some criticism because of the complications that can arise in cases involving multiple at-fault parties.

When crashes involve more than two vehicles, people can collect damages so long as they were less than 50 percent responsible. The percentage of fault attributed to each driver is the percentage deducted from his or her award, and a driver determined to be more than 50 percent at fault obtains nothing.

The way that fault is apportioned makes it critical for people involved in automobile accidents to not make any statements to insurance companies without legal counsel.

Find a South Carolina Car Accident Attorney

If you were seriously injured or your loved one was killed in a car accident anywhere in Georgia, 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.

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