Blog – Page 38 – The Nye Law Group, P.C.

Difference Between Wrongful Death And Survival Acton in South Carolina

Posted on April 25, 2018February 7, 2024 by productionnye

When a person dies because of another party’s negligence in South Carolina, it can result in two different kinds of legal claims. Certain family members may pursue a wrongful death lawsuit, while the executor for the deceased’s estate could file a survival action. The claims could be filed together or separately, depending on the circumstances involved.

In many cases, prompt legal action is required. South Carolina allows people only three years to commence wrongful death actions (the deadline can be extended to six years for certain medical malpractice claims), and it can take time to conduct proper investigations into fatal accidents. You should contact the Nye Law Group for assistance meeting all legal deadlines as they relate to your wrongful death or survival action claim.

Wrongful Death Laws in South Carolina

South Carolina Code § 15-51-10 establishes that a party whose wrongful act or negligence causes the wrongful death of another person becomes liable for damages. Under South Carolina Code § 15-51-20, wrongful death actions are for the benefit of spouses and children first, then for the benefit of the deceased’s parents, and then the heirs of the deceased if none of the aforementioned parties exist.

Several different kinds of damages can be recovered in wrongful death lawsuits, including medical bills, lost wages, funeral expenses, and loss of consortium. A wrongful death can arise from any one of a number of possible accidents, including car crashes, workplace accidents, defective products, and medical malpractice.

When the victim in a wrongful death case is a child, South Carolina still recognizes the value of the life even though the victim did not provide financial support to his or her family. State courts have held that parents are entitled to certain intangible damages in these cases.

Survival Actions in South Carolina

South Carolina Code § 15-5-90 establishes the survival right of action in South Carolina. Under this statute, the legal representative for the deceased is allowed to bring the action that the deceased would have brought for his or her injuries had he or she survived.

Survival actions can result in similar damages being awarded to plaintiffs, but the damages relate only to the harm inflicted on the deceased before or during his or her death. In other words, damages resulting from the death (such as lost income) are not compensated in these types of claims.

Find a Wrongful Death Attorney in South Carolina

If you are not sure whether you should file a wrongful death lawsuit or a survival action claim following the death of your loved one in South Carolina, it is in your best interest to quickly seek legal representation. The Nye Law Group understands that families need time to grieve, which is why we handle all the paperwork and court dates so you can take all the time you need.

Our experienced Bluffton personal injury lawyers will work tirelessly to help you get all of the compensation you are entitled to. We can provide a complete evaluation of your case as soon as you call 855-636-9277 or contact us online to take advantage of a free consultation.

What Is a Traumatic Brain Injury?

Posted on April 21, 2018April 6, 2023 by productionnye

Following most accidents, victims frequently display some kind of sign that they suffered injuries. For example, people who break bones often have casts. Others may have scarring.

One group of victims for whom most people do not immediately notice any such signs of harm are victims who have sustained traumatic brain injuries (TBIs). In many cases, TBI victims rarely show any indication that they have in fact suffered very serious injuries with very serious consequences.

A TBI, however, has the potential to cause immense cognitive, behavioral, and physical challenges for victims. The Nye Law Group understands the severity of these types of injuries and helps victims obtain the compensation they needs and deserve.

TBI Symptoms in North Carolina

People generally suffer TBIs as the result of some kind of external force to a person’s skull that impacted his or her brain. Some of the most common causes of TBIs in North Carolina include, but are not limited to:

Car accidents;
Boating accidents;
Construction accidents;
Motorcycle accidents;
Truck accidents; and
Slip and fall accidents.

While most people will immediately know when they have broken bones, TBIs can be much more subtle. In most cases, victims only complain about headaches. As the Brain Injury Association of America (BIAA) notes, some other common symptoms of a TBI may include, but are not limited to:

Difficulty breathing;
Difficulty speaking;
Dizziness;
Loss of bladder control;
Loss of consciousness;
Nausea;
Poor coordination;
Tinnitus (ringing in the ears); and
Vision changes.

Damages for TBI Victims in North Carolina

The lack of visible signs of harm in a TBI case will frequently lead to an insurance company for the negligent party challenging the validity of the injury claim. In many cases, insurers will offer settlements that are far less than what victims are actually entitled to.

TBI victims frequently require highly-specialized medical care for several years—usually the remainder of their lives. In nearly all cases, there is no hope for a complete recovery and victims must learn to adapt to their newfound limitations.

The Nye Law Group can pursue economic damages for TBI victims that may include all medical expenses and bills relating to treatment or rehabilitation for a TBI. Additionally, you could be entitled to damages for lost wages if you have been unable to return to work because of your injury.

People who have suffered TBIs may also be entitled to certain noneconomic damages for harm that is not as calculable as medical bills or lost income. Common economic damages include pain and suffering and emotional distress.

Find a Motorcycle Accident Attorney in North Carolina

Did you or your loved one suffer a TBI in North Carolina as the result of an accident caused by the negligence of another party? You should avoid speaking to any insurance company about your incident until you have legal representation. Contact the Nye Law Group as soon as possible.

Our experienced Charlotte personal injury lawyers will fight to help you get every last dollar of compensation you need and deserve. You can have our firm 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 set up a free consultation.

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.

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