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Car Accidents

Every year millions of Americans are involved in car accidents. Thousands die.

Most accidents are avoidable. They're caused by people who don't follow the law and act negligently, causing the accident.

Studies by the National Safety Council show that there were more than 39,000 motor vehicle deaths in 2019. What's worse, preliminary estimates from the first six months of 2021, compared to 2020, show an increase of 16%, from 18,480 in 2020 to 21,450 in 2021. Predictions from this study could show a potential of more than 40,000 deaths in 2021.

Furthermore, studies show that insurance companies pay, on average, significantly more (40% conservatively) to people when they're represented by an attorney. Naturally, every crash has its circumstances that ultimately determine the value of final compensation. How much compensation you receive is based on several of factors.

Choosing the best personal injury lawyer to represent your best interests is easy to do just by reviewing local attorney's online ratings. Google Ratings, Avvo and Facebook all have rating systems that are there to help you choose the best law firm to represent them. Make sure you read those reviews, because you need legal representation who will fight for your best interests.

What Questions Should You Ask Before Hiring a Car Accident Attorney?

When seeking a car accident attorney, it’s important to locate a professional with trial experience in your state who can easily point to specific settlements and awards in your type of case. For example, an attorney may focus more on whiplash cases with small awards or an attorney may focus more on big DUI cases with catastrophic injuries. The latter cases take much more time to conclude, and the law firm must be able to advance all costs of making the case against the defendant’s insurance company.

How Soon After an Accident Should I Call a Car Accident Attorney?

You need to call an attorney as soon as possible. Insurance companies work around the clock, try to pay out as little as possible, have no emotions involved and handle car accident claims for a living. You need an equal opposing force to protect you from these companies. That’s where Frank Hartman comes in. 

Frank works around the clock as well and knows how to get you the compensation you deserve. He understands the emotions of personal injury, car crashes and trucking accidents and he fights insurance companies for a living.

Don’t sign anything

Do not talk to any insurance company

Call the Hartman Law Firm and let Frank handle handle it for you. 

If you call the other driver’s insurance company, or yours, they record your calls. They take those recordings and twist what you say into their favor. It’s imperative that you never talk to anyone but Frank first. Your focus needs to be getting your life back on track.

How do you find The Best Car Crash Attorney in Charleston?

Choosing the best attorney to represent you in after a car crash has become a lot easier than it used to be. Google Ratings, Avvo and Facebook all have rating systems that are there to help people make good decisions about who they choose to represent them.

Make sure you read those reviews because you definitely want someone who not only can fight but you want to make sure that whomever you pick has your best interests at heart. You don’t want to be just a number or someone to push through to a settlement because that’s the easy way out. You want someone that will get you the maximum payout.

You'll understand why Frank has a 5 star rating on Google from more than 121 clients. These ratings are real, through and through.

Frank cares about you and your loved ones, your situation and getting justice and the compensation you deserve. This may sound like the same message as other firms, but the biggest difference is that you will be dealing with Frank, the attorney, not some other lawyer within some huge firm that you've never talked to before.

There’s nothing worse than being passed off to another lawyer, especially when you're not expecting it. You hired the person you spoke with. That’s who you’re comfortable with and that’s who should represent you.

If you ever have to go to court, or someone needs to speak to an insurance company, you need Frank Hartman there by your side, standing up for you and your rights.

What Should I Know About Personal Injury Cases

Frank wants you to be educated in all personal injury matters. If you look at his YouTube channel, you’ll see that Frank gives a lot of free legal advice.

This is so that people who may not be ready to contact him can get some answers through the videos. If you aren’t finding the answers to your questions on the website or the videos, remember that Frank offers a 20-minute strategy session for free.

Frank Hartman has Successfully Represented Several Charleston Residents with Car Collision Related Injuries

Car accidents often involve powerful physical forces that are capable of causing serious damage to the human body. This is true even in cases in which vehicle occupants are buckled in and the vehicle in which they were riding was equipped with modern safety features such as multiple airbags. Many people involved in severe accidents are left with life-changing injuries that will result in substantial economic and non-economic losses, making it critical for them to retain an attorney that can help make sure they obtain the compensation to which they are legally entitled. Here are some of the more common injuries that people can sustain in a car accident.

Fractures

People involved in car accidents often suffer broken bones. People break arms, legs, ribs, hips, or even the bones in their face or their head, depending on the circumstances of the accident. A broken bone is extremely painful, can result in permanent disfigurement, and may require extensive surgery to treat.

In many cases, people who sustain fractured bones miss weeks or months of work. Their injuries may require immobilization of a body part, or parts, for a significant period of time. Even less serious factures can take a long time to heal and result in long-term life complications.

Traumatic Brain Injuries (TBI)

Traumatic brain injuries, often referred to as “TBIs,” occur when a person’s head is bumped or jolted with force sufficient to result in a disruption of normal brain function. These injuries often occur in car accidents in which a person’s heads slams against the dashboard or steering wheel or he or she is ejected from the vehicle. In instances in which the head snaps back and forth on the neck hard enough to rattle the brain within the skull, a TBI can occur even if the head does not come into contact with another object.

TBIs are capable of causing extremely serious complications, including:

Burns

In many car accidents, one or more of the vehicles involved catches fire during or immediately after the accident, potentially causing extremely serious burns to the people inside them. Burns can be extremely painful, require long-term medical treatment, and leave victims with scarring and disfigurement that can last a lifetime.

Spinal Cord Injuries

Spinal cord injuries are associated with paralysis, paraplegia, quadriplegia (also called tetraplegia) and hemiplegia.

Spinal cord injuries occur when physical trauma damages the spinal cord, which is the bundle of nerves that allows the brain to communicate with the rest of the body. They can be categorized into two broad categories, which are as follows:

Incomplete – A spinal cord injury is characterized as “incomplete” when the victim retains some feeling or function below the site of the injury

Complete – In an incomplete spinal cord injury, victims have no sensation or function below the site of the injury

Spinal cord injuries often result in significant long-term problems and victims who are paralyzed often require a lifetime of medical treatment and care.

Neck injuries

Most injuries in car accidents result from rear-end collisions. Neck injuries are common in these accidents when head whips forward and back in the classic "whiplash" movement. Injuries can be permanent, depending on the severity of the impact.

Vehicle-related accidents are caused by people who don't follow the law and act negligently.

Common Questions About Car Accident Injuries

Can Car Accidents Cause Spine Injuries?

Yes.

The spine is made up of 33 bones. It can be compared to a stack of Lego, one on top of the other. Each bone has its place. All together, the spinal column support the body.

Bones in the spinal column are supported by muscles, tendons, and ligaments. Intervertabral discs sit between the bones in the spine to act as cushions. These discs are filled with a gel-type substance and keep the bones from rubbing together. With all those parts, each one is at risk for being injured in an accident.

Even the smallest accident can disrupt the spine and it’s functions.

What kind of spine problems can be caused by a car accident?

Discogenic pain is the overall term for spine pain. It is pain that is caused by the discs of the spine. The discs of the spine are the round pieces of cartilage that act as cushions between each spinal bone. If these discs are disruptive, the pain can be unbearable. It affects a persons ability to walk, sit, sleep, bend over and do everyday tasks.

The top back injuries seen after a car accident are:

What Are the Symptoms of Whiplash?

Symptoms of Whiplash include

What is Whiplash?

Whiplash, also known as hyperflexion or hyperextension, occurs when the shoulders, neck, and spine are suddenly whipped past their limits. The forces involved in a collision that causes whiplash can cause damage to the spine, disks within the spine, muscles, ligaments, nerves and surrounding neck tissue. According to the Mayo Clinic, the most common cause of whiplash is rear-end collisions in which the driver of the front vehicle experiences the unexpected impact.

When Does Whiplash Start?

Whiplash can manifest immediately or even up to a few months following the injury. Either way, be sure you see a doctor right away after an accident. Even if you are not experiencing pain right away, that does not mean you do not have injuries. Sometimes there is a delayed response to pain. The most common reason for this delayed response to pain is your own body’s “flight or fight” mechanism.

How is Whiplash Treated?

Treatment for whiplash depends greatly on the severity of the injury. The primary objective of treatment is to manage pain and promote recovery, including returning to a normal range of motion and returning to normal levels of activity.


What is a Spine Fracture?

A spine fracture occurs when sudden trauma to the spinal column results in the fracturing of the vertebrae along the spine. Unlike typical fractures, such as a broken arm or leg, spine fractures can cause a myriad of symptoms, from pain and numbness to paralysis. When the fragile bones within the spine break, bone fragments can cause damage to the surrounding tissues, nerves, and spinal cord.

What are the Symptoms of Spine Fracture?

The types and severity of spine fracture symptoms are largely based on the degree of injury. Common symptoms include:

What Causes Spine Fracture?

According to the Mayfield Brain and Spine Clinic, the most common cause of spine fractures is being involved in a car accident, accounting for 45% of all such injuries. These injuries occur when the force of impact from an accident causes the spine to compress, twist, or move in a way that it is not intended. The pressure and shock of these movements result in the bones of the spine being crushed or snapped.

How Long Does a Spine Fracture Take to Heal?

The range of types and severity of spine fractures affect the recovery period. In some cases, severe injury can be permanent. If bone fragments cause damage to the spinal cord, the effects can often be permanent.

Pain related to spine fractures can take anywhere from days or weeks to three or more months. Much of the recovery period time frame is dependent on swelling of joints and tissue surrounding the fractured vertebrae. With treatment by anti-inflammatory medicine, the recovery period can be reduced greatly.

How is a Spine Fracture Diagnosed?

Immediately following an accident, you should always be seen by a medical practitioner as soon as possible. Depending on the severity or types of injuries sustained in an accident, your doctor may prescribe a number of tests to check for many types of possible injuries.

The most common methods for determining whether fractures have occurred in the spine are X-ray, Magnetic Resonance Imaging (MRI), or Computed Tomography (CT) Scan. Radiographic imaging is the best way to see bone fractures, and the procedures are non-invasive and safe, greatly reducing the possibilities for further aggravation of the affected areas.

What are the Treatments for a Spine Fracture Injury?

A wide range of spinal treatments is available for spine fractures. Traditional treatments can include the use of orthotic back and spine braces, minimally invasive procedures to treat compression, and more invasive surgery.

  1. Back braces
  2. Cervical, cervical-thoracic, and neck braces
  3. Surgical fusion of vertebrae
  4. Surgical insertion of plates, screws, rods, cages, or related hardware
  5. Kyphoplasty or Vertebroplasty, involving the injection of bone cement to strengthen the spine
  6. Steroids
  7. Physical therapy

What is Spondylolisthesis?

Spondylolisthesis is a condition which results from the vertebrae in the spine sliding over one another. This sliding often results in compression of the nerves and spinal cord, causing further complications such as pain, loss of bowel and bladder control, numbness, and weakness. This condition most commonly occurs in the lower back, though it can occur anywhere along the spine.

What are the Symptoms of Spondylolisthesis?

The most common symptoms of any back injury is pain. Spondylolisthesis is no exception. Symptoms include:

  1. Pain in the back or buttocks areas
  2. Pain running down your leg or legs
  3. Numbness and/or weakness in your leg or legs
  4. Difficulties in walking
  5. Pain in the lower back, buttocks, or legs that worsens with certain activities, such as bending at the waist or twisting your torso.
  6. Loss of bowel and bladder control

In some cases, there may be no symptoms of this condition. This is why it is so important to go see a doctor immediately after an accident.

How is Spondylolisthesis Diagnosed?

Radiographic imaging is the most common method for diagnosing this condition. This includes X-rays, CT Scans, and MRI’s.

What Treatments are Available for Spondylolisthesis?

The treatments for spondylolisthesis are in the same range as those for other back injuries. Immobilization and pain management are the most common treatments for less severe cases. In the event of more traumatic injuries, doctors may prescribe surgical procedures. Treatments may include:

  1. Back braces or a rigid cast
  2. Surgical fusion and decompression of the affected vertebrae
  3. Physical therapy
  4. Acupuncture and/or acupressure
  5. Chiropractic adjustments
  6. Over the counter pain medications
  7. Prescription pain medications
  8. Anti-inflammatory medicines, such as Tylenol

What is Spinal Stenosis?

Spinal stenosis is the narrowing of the channel that the spinal cord resides in. With regard to auto accidents, this condition typically results from compression of the vertebrae. Again, the forces involved in an accident can result in the spinal column being compressed, which can result in the crushing of the vertebrae and narrowing of the spinal channel.

There are two characterizations of spinal stenosis which are based on where the injury and symptoms occur. When it occurs in the lower back it is known as Lumbar Stenosis. When it occurs in the neck it is known as Cervical Spine Stenosis.

What are the Symptoms of Spinal Stenosis?

In several cases of spinal stenosis it is common for there to be no symptoms at all. On the other hand, symptoms can be severe and debilitating. These can include:

  1. Pain in the affected area which can come and go, rather than persisting
  2. Pain which occurs during certain activities or when holding certain positions
  3. Relief of pain after rest that returns upon re-aggravation of the injury
  4. In the case of lumbar stenosis, pain in the legs while walking or performing certain exercises is common
  5. Tingling and numbness, or “pins and needles” in the legs

What are the Treatments for Spinal Stenosis?

There is a range of severity of spinal stenosis and, therefore, there is a range of treatments. In less severe cases, your doctor may only prescribe a certain regimen of exercise or a reduction in certain activities. However, more severe conditions may require surgery for remediation. Treatments of this condition can include the following.

  1. Physical therapy
  2. Cortisone injections directly into the affected area of the lower back
  3. Anti-inflammatory medications, such as ibuprofen or aspirin
  4. Short term narcotic pain relievers
  5. Nerve desensitizing prescription medicines, such as napr0syn or gabapentin
  6. In fewer cases, anti-depressants can help with pain
  7. Spinal surgery for relief of compression

What Does a Herniated Disc Feel Like?

A herniated disc is usually described as one of the worst pains a person can experience. It can involve several different types of pain from shooting pain, sharp pains, numbness and tingling. It is not usually just one type of pain but many because the nerves are being affected. It can radiate down to the toes, through the fingers, up into the neck or just be a localized pain.

That being said, if you feel pain in your chest, arms, neck and/or jaw, please call 9-1-1 as these are also signs of a heart condition.

How Long Does a Herniated Disc Take to Heal?

Most people opt to have the least invasive procedures first when they have a herniated disc. If those don’t work, they take the more invasive treatments as a secondary course of action. It is always best to get as many opinions as possible and do what you feel is right for you.

Depending on the amount of damage you have and your chosen course of action, treatment for herniated discs can be from 3 months to life long. Again, everyone is different and some treatments work for some but not others. (Webmd)

What Are Some Non-Invasive Herniated Disc Treatments?

  1. Chiropractic care
  2. Physical Therapy
  3. Massage
  4. Accupressue
  5. Over the counter pain relievers
  6. Home remedies
    • What are some home remedies for herniated discs?
      • Heating pad
      • Ice pack
      • Adding a feather bed
      • Add a board under your mattress
      • Spa tub or jaccuzi
      • Floating in a pool
      • Warm wet compresses
      • Back support brace
      • Vibration
  7. Topical Remedies
    • What are some topical herbal remedies for herniated discs?
      • There are topicals like Tiger Balm, Capzasin, Icy Hot,  Aspercream, Eucalyptus oil, cinnamon oil, and menthol infused patches
  8. Herbal Remedies
    • What are some herbal remedies for herniated discs?
      • Feverfew, tumeric, devil’s claw, ginseng, kava kava, valerian root
  9. Exercise
  10. Weight Loss
  11. Rest
  12. Anti-flammatory diet
    • What is an anti-inflammatory diet?
      • Green leafy vegetables, healthy fats like extra virgin olive oil, cage-free eggs, grass-fed meats and fish.
  13. Meditation
  14. Biofeedback
    • What is biofeedback?
      • Biofeedback is a non-invasive therapy that uses your own mind to control your body. It is usually in association with relaxation and meditation
    • What kinds of biofeedback are there?
      • Guided biofeedback is like meditation where the messaging is telling you to control what is ailing you
      • Thermal biofeedback attaches sensors to the body. It is the goal of the therapist to get the patient to the point that they can control their own body temperature and thereby control their own pain responses.
      • Electromyography biofeedback uses electronics to reinforce thoughts and/or behaviors through auditory and visual signals. This will give positive reinforcement to control body functions.
      • EEG Biofeedback uses brain waves to evaluate how a person responds to a stimuli and then the therapist will assign techniques to help with the triggers to that stimuli (in this case, pain)

One thing to keep in mind, just because it is natural, does not mean it is safe. Always consult your doctor before trying anything, even something as seemingly harmless as a heating pad could make your condition worsen.

If you or a loved one have been injured in an auto collision, contact your Charleston car accident attorney, Frank Hartman. Don't talk to anyone else until you've spoken with an experienced and knowledgeable attorney.

Why The Hartman Law Firm?

We don't spread ourselves thin practicing all types of law. We focus on very specific personal injury and vehicle accidents. It has allowed us to gain the experience needed for every type of situation possible. If you are still curious as to how good we are, please look at our Google feedback.

Trucking Accidents

Commercial trucking accidents are almost never minor. The average semi, fully-loaded, weighs over 80,000 pounds. Put that up against the average car which weighs a mere 4,000 pounds. The outcome is usually catastropic.

Most trucking companies typically have dedicated staff to dispatch to accident scenes the moment they're alerted to a wreck. So while passenger(s) of the car are still trying to figureout what just happened, the truck company has a crew either on their way or already there, tampering with evidence.

The longer a person goes without contacting an attorney, the more time the tractor-trailer company has to recreate an accident to be in their favor. Time is of the essence when you've been in an accident with any sort of large commercial truck.

Tractor-trailers or eighteen wheelers are importation to the economy of our state and our nation at large. However, when an eighteen wheeler is involved in a collision or accident the damage is catastrophic because of how big they are. In fact, it is often other drivers and their passengers in automobiles who are injured or killed.

In South Carolina, there were 82 fatalities as a result of crashes involving tractor-trailers in the year 2012, according to the National Highway Traffic Safety Administration (NHTSA). There were 12 fatalities in Berkeley, Charleston, and Dorchester counties combined in the calendar year 2012.

We will pursue evidence about your collision immediately following your contact of our firm. We will be looking for the following:

Evidence at the scene — We send investigators and accident reconstruction experts to the scene to measure skid marks, photograph the vehicles, interview witnesses, and analyze the debris field.

The “black box” — Many tractor-trailers (and many passenger cars) carry an on-board data recorder that yields important evidence about the speed at impact and distance traveled before the crash. We will recover this data when available to help prove our case.

Driver’s logs — Federal regulations mandate a specific period of rest between driving stints. We match the logs against other evidence to determine if the trucker was likely fatigued, speeding, or illegally doctoring the books.

If you have been hurt or lost a loved one in a truck crash, the law firm of Hartman Law Firm, L.L.C. is here to help you. Our Charleston truck accident firm can offer legal guidance and advocacy that’s personalized to your circumstances. Call us today toll free or use our online form to get a free, no-obligation consultation.

Commercial Truck Accidents in Charleston

The Federal Motor Carrier Safety Administration (FMCSA) said in November 2011 that there were 286,000 wrecks involving large trucks (tractor-trailers, 18-wheelers, semis, big rigs, etc.) in the U.S. in 2009. These accidents resulted in 3,380 deaths and 74,000 injuries.

What Causes Truck Accidents?

Trucking accidents typically fall into two main categories: driver error and vehicle maintenance failure.

The Federal Motor Carrier Safety Administration (FMCSA) released a 2019 Large Truck Crash Causation Study (LTCCS). The study is compiled of three years’ worth of truck accident data. It identifies the top 10 factors for truck accidents:

A common reason for truck accidents is fatigue because of a lack of sleep. These drivers have tight schedules for delivery and oftentimes will continue driving to make the time. Their decision to drive while fatigued can be very dangerous. Being tired can lead to falling asleep at the wheel, which can lead to catastrophic results for the surrounding cars.

Truck drivers also drive distracted, texting, emailing, or otherwise diverting their attention from their immediate surroundings. Use of cell-phones or other devices has been banned by the FMCSA, however it still occurs.

A 2019 National Highway Traffic Safety Administration (NHTSA) study on distracted driving found that for fatal collisions involving commercial trucks, 5 percent were distracted, and 9 percent of those were distracted by their cell phones.

Other common causes of tractor-trailer accidents include:

Survivors of collisions with commercial trucks often require a lifetime of care. They may suffer severe injuries that include:

Medical expenses for treatment of these types of injuries are expensive. Severe injury victims often endure severe pain and suffering and lose wages because they're too injured to work. Medical expenses and lost wages are just some of the types of compensation you can recieve for your injuries.

Our Attorneys Can Deal With Trucking Insurance Companies

Personal injury litigation involves claims against negligent truck drivers and the companies who hire them. But the trucking company might be at fault if their driver was speeding or fatigued because the company sets strict or unreasonable deadlines for its drivers. If a truck crashes because it's overloaded, the driver is responsible, but the company may also be partially to blame.

If a tire blowout or brake system failure is the cause of the truck accident, then a manufacturer or distributor might be held liable. Trucking companies and their insurance adjusters know the potential exposure for major lawsuits when a tractor-trailer causes an accident. They immediately start preparing their defense.

At the same time, you need an aggressive and dedicated law firm by your side to stand up to these companies and their insurers with their own experts and experience. Without adequate representation, you could end up with no compensation at all.

18-Wheeler Truck Accidents

Our country depends on our semi-trucks. Every item you purchase in your store has at one time or another been transported by a semi-truck. This is good news for every one of us as we can find what we need in almost every part of the country.

The bad news is that cars, vans, trucks and SUV’s that share the road with these large semi-trucks are driving down the road with deadly giants. Sadly, injuries and death occur every 16 minutes when a personal vehicle is involved in a collision with a semi-truck. These accidents tend to involve multiple vehicles, leading to more injuries and deaths.

Commercial truck drivers often share all the bad habits of other drivers, such as aggressive driving, driving drunk or under the influence, defective products, and more. Their actions put more people at risk based on their size alone.

What's unusual about a semi-truck accident is that often the trucking company will send an insurance representative to the scene of the accident. These agents are working hard to make sure it appears that the accident was not the fault of their driver. Some of these companies will even go so far as to attempt communication with the other parties.

Don't talk to any insurance company until you've talked to Frank Hartman. The insurance company wants to write you a check and disappear. Once you take the check you can't give it back, and more often than not, you deserved a lot more.

Drunk Driving

If You Were Injured by a Drunk Driver, You Have a Right to Fair Compensation

The number of people killed and injured by drunk drivers is staggering. The victims of these tragic and needless auto collisions deserve compensation for the physical and mental pain caused by negligent drivers.

Driving Under the Influence of drugs and/or alcohol (DUI) and Driving While Intoxicated (DWI) are inexcusable and illegal behaviors. If you or someone you love is a victim of this irresponsible trend, you need to contact a legal expert in DUI injuries.

The Hartman Law Firm Will Fight For Your Rights as a Victim of DUI and DWI Accidents

South Carolina ranks Third in the Nation for DUI Deaths

In an article published annually on the Safewise website, records show that South Carolina ranked as the second in the nation for DUI deaths in 2018. In 2019, the state ranked as third. This report found that 28% of all car accident deaths are caused by druck drivers.

Every day, about 28 people in the United States die in drunk-driving crashes. This value dropped in 2019 to 10,174 deaths. That's still more than three times as many people killed in the 9/11 Trade Center attacks.

What's terrifying is that more than 1.5 million drivers are arrested every year for driving while intoxicated. It’s one thing to get behind the wheel of a vehicle while impaired. But the person driving isn’t the only one to blame.

When any establishment serving alcohol puts the drinks in a customer's hands, they can be liable for damages, as well. Bars, clubs, hotels, and any other businesses that serves alcoholic beverages are expected to exercise “due care under the law.”

Even those who host parties and events where alcohol is served can be held responsible for those seriously injured by their attendees. If they knowingly served alcohol to anyone obviously intoxicated, they are considered to have taken part in the consequences.

These individuals can be responsible for Third Party Liability.

Distracted Driving

3,166 people were killed in collisions caused by distracted drivers in 2017.

The National Highway Traffic Safety Administration (NHTSA)

There is no question that the invention and ubiquity of electronic mobile devices such as smartphones has changed our society dramatically. People are constantly connected with a wealth of information at their fingertips. Tasks can become simpler and communications briefer. While these devices have made the world a largely more efficient place, they have also made the roads far more dangerous.

‍Texting and Driving is Never Safe

‍The feeling of needing to be constantly connected and informed does not go away simply because drivers get behind the wheel of a motor vehicle. Despite widespread attempts at education and reminders regarding the risks of distracted driving, the number of people who are texting and driving continues to steadily increase, resulting in thousands of accidents and injuries.

Many people who text and drive pride themselves on being good multitaskers and, therefore, assert that it is not dangerous for them to text and drive. However, it is critical to realize that no one is good enough at multitasking to avoid significant distraction and slowed reaction times when reading or sending a text message.

What are the most common driving distractions?

When you're focused on reading or composing a message on your phone, you're not thinking about driving your car. No matter how much anyone thinks they can text and drive without being in an accidentm, the potential is still very high.

How do I get Compensation for My Distracted Driving Accident Injuries?

When another person acts in a negligent manner and causes you injury, you have the right to seek compensation for the losses caused by your injuries. There are a couple of ways to get the compensation you deserve after a driver after a distracted driving crash, including the following:

File an Insurance claim – When someone else is at fault for your accident in South Carolina, you can file a claim with their insurance to recover for your medical expenses, lost wages, and other losses. It is important to seek help from a distracted driving attorney in Charleston during the claim process as insurance companies will often try to get you to accept a settlement offer that is less than you deserve.

Injury claim – If you cannot get a proper settlement through an insurance claim, you can file an injury lawsuit in civil court. The litigation process is extremely complicated and there can be a lot on the line, so you should always have an experienced personal injury lawyer protecting your rights.

Rear End Collisions

Rear-end collisions account for a large percentage of road accidents in South Carolina. This type of accident occurs when one vehicle rams into the back of the car ahead of it. It’s a common accident, especially in intersections and where traffic congestion exists. It can actually become a worse situation when the collision occurs in traffic because it can easily cause a chain-reaction car accident where several cars collide into each other.

Some car manufacturers have placed advanced warning mechanisms that help reduce these accidents. However, there are still several cars on the road that do not have these advanced systems and the person behind the wheel ultimately determines how safely the car will be driven.

It is common knowledge that in rear-end car accident cases, it is almost always the car that’s from the back which will be found guilty of causing the collision. However, there are still several factors to be considered in determining fault. Therefore, if you are the victim in a rear-end collision, whether is a car, on a motorcycle, in a truck, or any vehicle, you will need the services of a good accident attorney to assist you in getting what you the compensation that you deserve.

Common causes of rear-end collisions

Charleston 18-wheeler rear end accident In Charleston, and other parts of the world, drivers are advised to give each other a safe distance while on the road. This distance provides room to safely stop their car when a motorist ahead suddenly stops. Following the safe distance rule reduces the chances of getting into a rear-end accident.

However, some drivers are negligent of this safety measure and end up crashing into other vehicles. Some of the reasons that cause these rear-end collisions include:

  1. Tailgating
  2. As already pointed out, failure to keep a safe distance between motorists can lead to rear-end accidents. Tailgating a vehicle is a dangerous driving habit practiced by negligent drivers.

  3. Speeding
  4. Driving at high speeds doesn’t give a driver the time to stop their car when a driver ahead of them stops suddenly. This can lead to a serious rear-end collision, possibly resulting in severe vehicular damage, and serious injuries to the occupants.

  5. Distracted driving
  6. The law requires that a driver should avoid all distractions while driving. Some of the common distractions include talking on the phone, texting, eating, drinking, Facebook live while driving, live streaming while driving or generally just not paying attention. Without complete focus on the road, the driver may miss sudden movements of other vehicles on the way, and that can cause collisions.

  7. Drunk driving
  8. Drunk driving is one of the top causes of major accidents. Intoxicated drivers are mentally and physically impaired. They have slow reaction times while driving.

    Drunkenness can also cause the driver to become drowsy, which can easily lead to a rear-end collision.

  9. Exhausted Driving
  10. There are cases when a driver becomes exhausted, but continues to drive. The effect that exhaustion has on the body is similar to drunk driving, and can also result in serious accidents.

  11. Adverse Weather Conditions
  12. Under adverse conditions, auto collisions are common. This can include fogginess, heavy rain, icy roads, and others. It is advised that when weather conditions are poor, that you slow down and allow for more space between you and the car in front of you.

Tips on how to avoid rear-end collisions

Be aware of your environment

You should ensure that you have your full attention on the road. Avoid any distractions like texting or taking phone calls. Doing so means you will be putting your life, and that of other road users, in danger.

You should always focus on what’s happening on the road. Watch the movements of other drivers in your lane so that you don’t collide with them if they make sudden stops. If you have to answer a phone call or reply to a message, you should pull over to do so. Many phones now have the setting to auto-reject calls while driving. If your phone does not have that setting, search for free apps that will auto-reject calls so you are not tempted to answer any calls that may come in.

Maintain a safe distance

As discussed above, failure to keep a safe distance from other motorists can lead to rear-end collisions. Ensure that there’s enough distance between your vehicle and the car ahead of you. This will allow you the time to also decelerate without colliding when they decelerate too.

How far away should you be from the car in front of you?

    In good weather conditions, a driver should stay at least 2 seconds behind the car in front of them. For every 10 mph you are driving, you should be one car length away from the car in front of you.

Brake early

It is good practice to tap the brake pedal so that the driver behind you is aware that you’re stopping. This also gives them time to decelerate, so that they don’t crash into you. Proper braking should be a slow, controlled process where you car slows and slowly comes to a complete stop.

Use your turn singals

Your turn signals also play a crucial role in ensuring that you effectively communicate with other drivers. It helps them know what direction you’re going. This can help avoid collisions caused by confusion. Remember: You should signal the direction of your turn at least eight seconds before taking the actual turn. Using hand signals can add an extra measure of safety.

Don’t allow other drivers to tailgate you

If you notice that a driver is following you too closely, change lanes, if you can, and let them pass you. If they don’t pass you, use defensive driving and maintain your composure. If you can, pull into a parking lot until they go ahead. If they are being aggressive and you are in fear of a road rage situation, call 9-1-1 or pull into a police station. If all else fails and they do end up hitting you you from behind, they’ll be the one statistically at fault.

Dangers Associated with Rear-End Collisions

It’s essential to point out that in some rear-end accidents, the damages may be minor. The people involved may not see the need for getting medical attention.

However, there are cases where the damage caused by a rear-end collision is significant for the car and the passengers. Here’s what you should know about body injuries and the damages that a rear-end collision can cause on the car.

 

Injuries from Rear-End Collisions

Neck Injuries

The most common neck injury experienced in a rear-end collision is whiplash. The violent shock of the crash can cause the head to whip forward and/or backward forcefully. This type of injury typically causes damage to the soft tissues around the neck.

If you suffer whiplash, you will experience pain and have limited head movement, which can cause a loss of range of motion. This can affect your ability to work, as well as everyday activities.

Back Injuries

It’s important to understand that the back has some of the most delicate muscles, tissues, and joints. The back is also involved in all body movements. Therefore, any injury to it can have severe effects on the body. After a catastrophic accident, you may require back surgery to get you back on your feet.

Traumatic Brain Injury (TBI)

The brain is the body’s most vital organ. It controls every bodily function.

Brain injuries are some of the most debilitating injuries that a person can sustain. They require intensive care for the healing process. In some cases, when the impact from a rear-end collision is violent, you may hit your head on objects, such as the window.

Additionally, the sudden and quick movement of the head can also cause injury to the brain. In most accidents, those involved will only get mild concussions. However, in some situations, a person can sustain serious traumatic brain injuries.

Spinal cord injury

The spinal cord plays a crucial role in the body by facilitating movements, and also supporting all the sensory neurons in the body. Spinal cord tissue is quite delicate and can easily get damaged.

An injury to the spine can cause temporary immobility to the victim and in some cases, permanent paralysis. A large percentage of rear-end collision victims that suffer spinal cord injury become disabled for the rest of their lives.

Broken Bones

During a rear-end collision, it’s possible to fracture bones, especially those around the hands, legs, and face. The impact from the dashboard can also cause bones around the knees to break.

Some broken bones can easily recover with proper treatment. However, some require extensive treatment and will leave you with permanent loss of motion and/or functionality.

Damages that can Occur to the Car

Trunk Lid Malfunction

A rear-end collision can cause damage to the trunk of your car, destroying its locking mechanism. As a result, the trunk may inadvertently pop open, even at low speeds. This can be dangerous because the lid can obstruct your rear-view mirror.

In some cases, it becomes impossible to close the trunk. This poses a risk if you leave the car unattended in a place you’re not familiar with.

Another issue is that trunk defects can significantly devalue your vehicle. This is an important consideration if you decide to sell it.

Most importantly, you should seek the services of an experienced body shop to have your trunk repaired after a collision.

Water Leaks

A rear-end collision can cause damage to the shape of the trunk lid. This, in turn, causes openings that allow water to enter the trunk compartment. This can lead to water damage, as well as damage to items that you may be storing or transporting in your trunk.

Wheels out of Alignment

The impact of any car crash can damage the body and frame of the vehicle In some cases, this damage can cause your wheels to move out of alignment. The results can mean poor handling, excess wear and tear on the drive train, and even loss of control of the vehicle.

When your wheels are out of alignment, you may find yourself having to make over-adjustments to stay straight. Winding roads can become much more treacherous as you attempt to navigate curves. And attempts to swerve or dodge debris may not go as they should have.

Electrical Problems

The electrical system in a vehicle is comprised of a complex series of wiring harnesses. A sudden impact to the car can knock these wires loose, break harnessing components, or cause wires to break.

Damage to your electrical system cause unpredictable problems. What’s worse, the cost of having an auto mechanic troubleshoot the system can be significant. The process involves following every wire throughout the vehicle to its end. With hundreds of wires to choose from, this becomes very time consuming.

Unfortunately, if the wiring isn’t repaired, it can cause damage to your car’s sound system, brakes, indicator lights, and more. It can also cause the battery to die prematurely, possibly leaving you stranded.

After a collision, you should make sure that you get your car’s wiring checked. Some simple tests can determine whether there is an issue. Find the issue is another story.

Damages to the Car Frame

Bumpers on cars are usually made out of light materials like plastic to cover the internal frame. When a rear-end accident causes damage to your bumper, it’s possible that the frame has been deformed, as well.

A damaged frame can lead to:

6 Steps to Follow After a Rear-end Collision

  1. Call the authorities in Charleston immediately after a collision. The police will fill out an accident report, documenting the scene and damages. This report is important when seeking compensation for damages.
  2. Gather evidence
  3. After any sort of car accident, it’s essential to take pictures of the scene. This  includes pictures of both cars involved in the collision.

    Be deliberate about thoroughly capturing every detail. Ensure that you have photos of the license plates of other cars, debris from the collision, and any damage to the interior of the vehicle.

    Furthermore, if you or anyone in your vehicle were injured, take pictures of the injuries. This sort of evidence will help your attorney build your case.

  4. Collect contact information
  5. Get the contact information of all parties involved, including any witnesses to the accident. You should collect names, driver license details, insurance contacts, addresses, phone numbers, and email addresses. The contact information is crucial in following up your claim and may be needed if the court requests for witnesses.

  6. Seek medical attention
  7. Once you have properly recorded the accident and contacted your attorney, you should immediately visit a health care facility for a checkup. Even if there are no apparent injuries, this is still important. Many injuries can show up days or weeks after an accident.

    Without having a medical record to show the progression, the defendant can claim that those injuries happened somewhere else. Furthermore, it’s important to understand that insurance companies may deny you your claim if they find out that you delayed in getting medical attention.

  8. At the hospital, you should tell the doctor that your injuries are from an accident. This gives important context that allows the physician to give you the proper treatment.
  9. Contact a Charleston Car Accident Lawyer
  10. Rear-end collision claims are challenging to litigate. Without a qualified and experienced attorney, you may end up on the losing side of the case.

    If you’ve ever been in a rear-end accident, then you should know that getting compensation for your injuries isn’t a walk in the park. To be successful, you must have a lawyer with the experience and knowledge to handle your claim.

Frank provides protection from rear-end collision scams

It may surprise you to know that car accident fraud exists. It’s an incident in which the perpetrator fakes a collision and extorts money from your insurance. In most rear-end collision scams, the scammer overtakes you and instantly gets in front of you, especially in a packed traffic lane. Then they stop suddenly, hoping that you’re caught unaware. forcing you to hit them from behind.

An auto collision fraud can work in one of two ways. First, they can claim compensation for damages caused to their car. Second they can claim compensation for bodily harm. In most cases, the scam driver will partner with a vehicle shop which inflates the repair costs so that you can pay more from your policy.

When the fraud involves bodily injury, it can be much more difficult to fight the claims. Injuries like whiplash are difficult to prove or deny. As a result, you may end up being liable for fraudulent injuries.

One of the worst things about this type of fraud is that doctors and even lawyers can be involved with the perpetrators.

However, with Frank Hartman on your side, you can rest easy knowing he’s handling your case. Even when the scammer partners with lawyers to build a case against you, Frank knows how to expose them and get the rightful compensation you deserve.

Frank has Extensive Accident Injury Experience

Experience is a critical component to any legal case. An attorney who knows what their doing can help quickly litigate your claim and get a settlement. Frank Hartman has been successfully fighting personal injury claims for more than 14 years.

Other law firms may assign a junior attorney to cover your case, claiming that their firm has the experience of their senior attorneys. Because of this, it’s crucial that you work with an attorney that you can put your confidence in.

Frank can Help with Bureaucratic Insurance Companies

It’s common knowledge that every car on the road is legally required to carry insurance. When an accident happens, any damages that occur should be covered by the insurance company.

Unfortunately, insurance companies aren’t in the business of losing money. They don’t necessarily have your best interests in mind. They often look for faults that will allow them to deny you compensation, or reduce the amount of money from a settlement.

The Hartman Law Firm, LLC has extensive knowledge about how insurance companies work. He knows how to fight them for fair compensation. He will never take the lowest bid, and he won’t rest until you’ve won your fair share of the insurance settlement.

You Get What you Ask For

As a client seeking help with a rear-end case, you deserve to be treated with respect and good service. Numerous legal clients are disappointed by attorneys or law firms that pass them over for the “big fish.” The result is that you end up talking to someone different than you first put your trust in.

At The Hartman Law Firm, LLC, Frank guarantees that he’ll keep in touch with you throughout the process. He’ll be the attorney standing beside you in court, and he’ll never pass his work over to someone else.

That isn’t to say that you won’t sometimes be contacted by an experienced paralegal to collect important information. After all, that’s their job.

Frank Hartman will get You the Maximum Compensation

The history of car accident cases has shown that people represented by attorneys get higher compensation settlements. When someone forgoes the use of a legal representative, they’re losing money.

This is because attorneys are experienced in collecting the right information the right way. They know how to work around stingy insurance companies and their bureaucracy. And insurance companies know that they’re better off settling the claim fairly without the added expense of fighting in court.

Additional Benefits of Working with The Hartman Law Firm, LLC

There are plenty of car-accident lawyers out there who will handle your case. Unfortunately, choosing the wrong one can mean poor handling of your claim. This can mean significantly less compensation. You won’t find this with Frank Hartman.

Here are some of the added benefits to working with The Hartman Law Firm, LLC.

Personalized service

As someone who was injured in an accident, you deserve the best service possible. Frank makes sure that every client gets individual attention on every case from start to finish.

You only pay when you win

The hourly cost of attorney can be very expensive. Working with Frank, you can rest easy knowing that you don’t have to pay unless you win compensation. This means that his fees are paid from your settlement, allowing you the peace of mind that you won’t have cover lawyer fees as the case goes on.

Frank Hartman is a Perennial Winner

Frank has a solid track record of winning compensation for his clients. He’s been doing it for years, and he will do everything possible to win your case.

The Hartman Law Firm Will Fight For Your Rights as a Victim of a Rear-End Vehicle Crash

When you've been hit by a vehicle from behind, call the experienced Charleston Rear-End Accident Attorney, Frank Hartman

The Hartman Law Firm, LLC Charleston, South Carolina accident injury attorney Call now for your free strategy session. This includes a twenty minute phone call to discuss:

This is all included without any obligation, whether you decide to retain Frank, or not.‍

To get started, call Frank 24/7 at (843) 300-7600. Or, you can contact him online, or email him at james@thehartmanlawfirm.com. The sooner you get Frank on your case, the sooner you’ll get your settlement and start on the road to recovery.

T-Bone Car Accidents

T-bone car accidents are the deadliest.

It is never anyone’s wish to be involved in a car crash, but it happens anyway. Accidents are of many types, but the T-bone car accidents are the deadliest. Why? Because the passenger in the car that’s hit has only a window and a side door to protect them from the heavy impact. Sometimes such accidents are made worse when the vehicle is forced to change direction, hitting other cars or be hit by another oncoming car.

It is important to note that it is not always the car that hits the other that’s always at fault, sometimes, the car that’s hit may be the one on the wrong. A thorough investigation has to be carried out to determine fault in this type of accident since it’s an essential requirement for compensation claims in Charleston, South Carolina.

Why The Hartman Law Firm?

We don't spread ourselves thin practicing all types of law. We focus on very specific personal injury and vehicle accidents. It has allowed us to gain the experience needed for every type of situation possible. If you are still curious as to how good we are, please look at our Google feedback.

What are the common causes of broadside collisions?

Brake or steering malfunctions

Though this accounts for a small percentage of T-bone auto accidents in Charleston, it still is a cause. If the steering wheel malfunctions, a driver that was supposed to take a turn may be forced to ram into another car at an intersection. In such a case determining fault is based on one factor. One, if the malfunction was foreseeable, then the driver is found guilty, but if not, then there is no fault on their part. However, there are times when the fault is with the car mechanic who probably failed to do proper maintenance on the car. That is why it is necessary to have a Charleston T-bone car accident lawyer to help you investigate and determine the guilty party.

Bad weather

No one has control over the weather conditions, and it is unfortunate that it causes accidents. Snow is not a major concern in Charleston, but rain is, and this can lead to a T-bone accident. The rain makes the road surface slippery, making it difficult for vehicles to halt when they are supposed to, and they end up t-boning other cars.

Impaired driving

Do not drink and drive is one of the most misused phrases but one that bears so much importance. Drunk driving is one of the leading causes of car accidents in Charleston, but you will still find some drivers driving while under the influence of alcohol. When one is drunk, their cognitive abilities are impaired, which makes it difficult to brake on time, see the road clearly, or make fast decisions. As a result, they will miss important traffic signals, and they end up ramming into other cars at intersections. Drunk driving often leads to wrongful death, and you will need an experienced injury attorney in Charleston to help you fight for compensation.

Road rage

Reckless behavior is another cause of many T-bone accidents. Some drivers are very aggressive when on the road, and this can lead to collisions at intersections. You should make it clear to the police when filing your report that the driver exhibited careless driving before they hit you. This will help to determine fault and get you the compensation you deserve clearly.

Distracted driving

Just like drunk driving, distracted driving is a great contributor to the many T-bone road accidents in South Carolina. Distraction may come from the use of mobile phones while driving, and sometimes disturbance by other occupants in the car. When looking at a phone, it is difficult for a driver to notice stop signs or other cars at intersections. The results of such cases are always horrific.

Failure to yield

There are times when a driver takes a left turn, but then they end up being hit by an oncoming car. It mostly happens when they underestimate the speed of the other car or assume that the other vehicle will halt for them. It is important to note that if this is the cause of the T-bone accident, the fault will be on the car that failed to yield way.

How to prevent side impact collisions

If you want to get home safe, then following these tips will help protect you from T-bone car accidents.

Obey traffic lights

Ignored stop signals are one of the major causes of T-bone car accidents. You should make it a habit to obey when the traffic light signals you to stop and only move when it indicates that it is safe to drive. Do not enter an intersection, hoping that the lights will turn in your favor.

Be cautious of other motorists

It is important to keep it in mind that not all motorists will obey traffic rules. Therefore, you should not count on them to stop or slow down at an intersection. You should ensure that the road is clear and vehicles coming from the other streets have fully stopped before you move

Watch your speed when approaching intersection

Even when you have the right of way, you should not be aggressive when approaching intersections. Slow down as this will give you an easy time to stop in case of anything.

Dangers associated with T-bone Accidents

Neck injuries

the sudden impact may force instant jerking of the body, which can result in injuries on the neck. Strains, whiplash, and breaks are common injuries of the neck that one can suffer.

Back injuries

it is important to note that the human back is one of the most delicate parts of the body. T-bone accidents of huge impact can break the backbone, herniate the discs, injure tissues and also cause issues on the spinal cord. Spinal injuries are quite fatal and can render one permanently immobile.

Head injuries

when a car is hit from the side, the impact may cause the head to hit the car’s top or other flying debris from shattered glasses. This can lead to concussions.

Emotional injuries

Emotional injuries are sometimes ignored when accidents occur. However, this type of injury can have a severe effect on one’s life.

The trauma caused by T-bone accidents may affect one’s ability to ever rive again in the future.

One becomes anxious when on the driving wheel, and they can even panic. If you make your income from driving, trauma can make it difficult for you ever to do that again. It therefore becomes difficult to lead your normal life after such an event. You will need an experienced personal injury lawyer to help you get proper compensation for this kind of loss.

Steps to Take After a T-bone car accident

1 Seek medical attention

Your health and that of other people involved in the T-bone accident should be the primary concern. Call for emergency help immediately, even when the injuries seem minor. The paramedics will examine you and advise for further treatment if the injuries are severe. You may ignore treatment only to realize at a later date that you suffered internal injuries. It is essential for you to note that untreated injuries only get worse with time.

2 Move away from traffic

To prevent further accidents, it is safe to move aside. Other oncoming cars may hit you or other bystanders, causing more injury. This can be prevented if you move to a safe place after the collision.

3 Exchange Contact Information

You should always make sure that you’ve taken the contact details of the other driver and witnesses when you get into a T-bone accident. This will help you if conflicting stories come up during an investigation to determine the person at fault, and a witness is needed to give an account of what really transpired in the accident.

Important information that you should collect includes:

Make sure to exchange the following insurance information for all drivers.

4 Report the Accident

Most times, when you call for medical help to an accident scene in Charleston, a team of police is sent to take records. However, this is not a guarantee, and there are times when you will have to go to a police station to file a report. In South Carolina, you are allowed up to 15 days after the accident to make the report.

When filing for compensation, ensure that you get this police report. The report will have a record of the officer’s narrative of the accident, witness testimonies, and photos that the police may have taken.

It is important to also report to the insurance company, but before you do that, you should talk to your Charleston SC lawyer.

5 Stick to the Facts

T-bone accidents happen fast and sudden, and getting a true account of what exactly took place may require investigation. Sometimes victims tend to accept fault immediately if they believe that their actions led to the accident. Being honest is a good trait, but it may not be your fault 100% in all cases. Therefore, state the facts and leave it to the investigation team to establish exactly what happened. Otherwise, you may end up losing your compensation claim when you should have gotten it.

6 Take pictures of the scene

It is important to note that your word of mouth alone may not help you to get compensation. Providing pictures of the hit car and even physical injuries will help determine to which extent you suffered a loss and, consequently, the correct amount to receive as compensation.

7 Keep records

of bills paid

You should ensure that all receipts issued to you when seeking medical help or repair services for your car are well kept. Any document that relates to the accident should be readily available during investigations. Any misplaced bill can cost you your compensation case.

8 Talk to a Lawyer

When involved in an accident, it is vital to seek legal help from an experienced car accident lawyer like Frank Hartman. Your lawyer will explain all the legal technicalities of T-bone accidents and give you the possible outcomes of your claim. This will help you to make informed decisions that will give you an outcome that you desire.

The car accident attorney will also help with the investigation, filing of claims, dealing with insurance companies, and if the claim goes to courtrooms, they will represent you accordingly.

After the Accident

Before you contact your insurance company for a claim, call a local personal injury lawyer and get a consultation right away. Your attorney will tell you what you should and shouldn't say to the insurance adjuster. He will also discuss your strategy for getting the settlement you deserve.

File an Insurance Claim.

You should file an insurance claim as soon as you can. After filing a claim, an insurance adjuster will call to get more information. When they call, only give them the information that you have to. If they ask to record the call, refuse to allow them to do so.

Follow Up With Your Doctor.

There are several injuries that often don’t present symptoms until days or weeks after an accident. Damage to you spine or neck from the jarring trauma of an accident can slowly develop problems over time.

Make sure that you follow up with your primary care provider as soon as possible after the accident, and get a follow-up appointment for any symptoms that may arise going forward.

Head On Collisions

Causes of Head-on Car Accidents

Intoxication

Many times intoxicated driver's are so obliterated, they don't even know they are on the wrong side of the road. We have all seen it time and time again, someone is drunk, going on the highway on the wrong side. Whether or not the drunk driver is going at a high rate of speed or not, any highway head-on collision is tragic because the other driver is usually going at least 55 mph.

Distracted Driving

Not only do we have smart phones but we have smart watches and in-car gadgets. These all can cause a driver to be distracted. It only takes a millisecond to look away and get into a head-on collision.

Driving while exhausted or drowsy

Driving while tired or even drowsy can be as dangerous as driving drunk. The lull of the car sound, the comfortable seat, the perfect temperature, it can all be a perfect scenario for falling asleep at the wheel. Even if someone feels drowsy, the best thing to do is pull over into a rest stop, or somewhere safe, and take a little power nap. Ignoring your body's signals that it needs to shut down is a recipe for disaster.

Our Attorneys Help People Hurt in Head-On Car Accidents

Head-on car wrecks, can cause devastating and life-changing injuries, like:

Traumatic brain injury (TBI) – A TBI can result from trauma associated with impact or from striking an object inside the car such as the steering wheel.

Spinal cord injury – Spinal cord injuries are associated with paralysis, paraplegia, quadriplegia (also called tetraplegia) and hemiplegia.

Neck injuries – Neck injuries are a common injury in these head-on accidents. The head whips forward and back in the classic whiplash movement. Injuries can be permanent, depending on the severity of the impact.

Broken bones – The injury typically occurs when the victim braces with that part of their body immediately prior to impact.

Amputation – Sometimes parts of a victim’s body are fully or partially severed as a result of the collision. Such injuries can require amputation.

How Much Money Will I Get for My Car Accident?

Studies show that insurance companies pay, on average, significantly more (40% conservatively) to people when they are represented by a car accident lawyer. However, every crash has its specific set of facts that help determine value. How much compensation you receive can be based on a number of factors.

In general, victims of car accidents can receive funds to cover:

Motorcycle Accidents

There are more than one-hundred motorcycle deaths every year in South Carolina.

In fact, South Carolina is one of the most dangerous states to drive a motorcycle in the country

Motorcycling is a popular recreational activity and mode of transportation for thousands of South Carolina residents. Motorcycle ownership has increased dramatically in the past few years. According to the South Carolina Department of Public Safety, there were 1,984 people injured in motorcycle accidents, and the average hospital charge after a motorcycle accident was $78,825.

Wrecks are usually caused by another driver, not the cyclist. Because motorcycles are small, oftentimes other drivers have a hard time seeing them. That’s especially a problem where the vision of other motorists may be obscured. Motorcycle accidents typically occur during a car accident, when the two vehicles collide. Some important facts about motorcycle accidents include:

About 70 percent of all motorcycle accidents occur at intersections, where bikers may be less visible than cars.

Other accidents occur where a motorist’s line of sight is partially blocked by buildings, parked vehicles, trees or undergrowth.

Motorists who do not keep a proper lookout for motorcycles may turn or pull out in front of them, causing a catastrophic collision.

    In some instances, motorcyclists are hit from behind because they’re able to brake much more quickly than heavier vehicles.

The end result of a collision between a motorcycle and a car can be devastating, and the motorcyclist usually suffers the most severe injuries and damage. A collision between a larger vehicle such as a truck or bus can be even worse due to the sheer size and weight of these vehicles.

Motorcycle Collisions can Cause Severe Injuries

As mentioned above, motorcyclists tend to be the ones to suffer the most serious injuries when they are in a crash with another vehicle or even when they wreck on their own. Motorcycles do not have nearly as many safety protections as cars and trucks do, such as airbags or seat belts. There is no metal frame around a motorcycle to shield them from an impact with a vehicle or the ground. For this reason, motorcyclists often sustain severe impact injuries. Some of these injuries include the following:

Traumatic brain injury (TBI) – A TBI can result from any type of trauma to the head and motorcyclists commonly hit their heads when they crash. Even a helmet only helps prevent brain injuries a percentage of the time and does not provide complete protection. A TBI can have lasting cognitive and physical effects and may cause permanent impairments.

Spinal cord injury (SCI) – Any damage to the spinal cord from an impact can be dangerous. Depending on where the injury was located on the spine, a victim may be completely and permanently paralyzed below that point. This includes the inability to walk, feel sensation, control the bladder or bowels, or even to breathe on their own.

Broken bones – While broken bones are common and can heal quickly, the bone fractures from a motorcycle accident are often more severe. Bones can shatter, can be crushed, or there can be compound fractures. These often require several surgeries, extensive rehabilitation, and the injured may never have normal use of that limb again.

Facial or jaw fractures – Motorcyclists are often thrown forward off of their bikes, especially in a rear-end wreck. If they are not wearing a helmet with a full face shield, they can easily sustain damage to the bones in their face and jaw, which can require extensive reconstructive surgery and may cause disfigurement.

Neck and back injuries – Even if the spinal cord is not damaged, collisions on a motorcycle can result in many types of injuries to the neck and/or back. These injuries can be debilitating, may require surgery, can be extremely painful, and often keep a victim from working for a long period of time.

Burns – If a motorcyclist crashes at a higher speed, chances are they may be thrown from their bike and may skid across the pavement. This also may occur if the bike gets laid down and their leg is pinned underneath it as skids. Such intense friction with pavement can result in serious burns that may require months of treatment and may leave scarring.

Each of the above injuries also has many complications that must be addressed and treated. Treatment can include hospitalization, surgeries, home health care, medical equipment, rehabilitative therapy, and more, and can result in overwhelming medical bills, as well as lost income from missing work. Motorcyclists deserve to recover compensation for all of these losses and more from the party who caused the accident.

Conspicuity Issues with Motorcycles

One of the first things the defendant in a motorcycle accident case will claim is that they couldn't see you coming. They may state that you were difficult to see because it was night time and you were wearing all black, or driving hazardously.

The best defense is a good offense. The following tips will help to stay safe while riding:

How To Prevent Motorcycle Accident Injuries

Choose a motorcycle that "fits you" well

It should be common knowledge that motorcycles come in a large variety of shapes and sizes. Motors, styles, decorations, and several add-ons give every rider the options to personalize their vehicle. But, before purchasing any bike, a rider should choose one that fits them. They should feel comfortable with the weight and handling of the vehicle. Another NSC statistic states that motorcycle accident deaths are four times more likely on a “supersport bike” than standard models.

It's common sense: Wear a helmet

One of the most common injuries in any bike wreck is severe head trauma. Wearing a Department of Transportation approved motorcycle helmet can mean the difference between staying alive, or becoming a fatal statistic.

Don't ride while intoxicated.

It may seem cool to leave the bar with your “MC” after a few drinks and go for a ride. However, numbers show that more than 40 percent of motorcycle riders who die in single-vehicle crashes are alcohol-impaired.

Know the rules of the road.

It should make sense that knowing the laws about riding a motorcycle is good practice. But, there’s more than just legal rules when it comes to riding a bike. Learn about the best practices for riding safely, driving defensively, and being considerate of other motorists.

It should make sense that knowing the laws about riding a motorcycle is good practice. But, there’s more than just legal rules when it comes to riding a bike. Learn about the best practices for riding safely, driving defensively, and being considerate of other motorists.

Watch out for hazards.

One report about South Carolina motorcycle accidents states that bikers blame poor road conditions for many of the collisions. A car may be able to go over a pothole and maintain course. But, when a bike in motion hits one, it’s difficult to stay in control.

Learn to scan the road ahead for any potential safety conditions. This can include potholes, puddles, oil slicks, and other similar issues.

If You're In a Motorcycle Accident, Contact a Charleston Accident Injury Attorney

The costs of any injury can be devastating. If you were injured while riding your bike because of the actions of someone else, you need to get legal representation as soon as possible.

Your attorney will tell you what you should and shouldn’t say to the insurance adjuster. He will also discuss your strategy for getting the settlement you deserve.

South Carolina Motorcycle Laws

Another important way for motorcyclists to stay safe is to be aware of all of the South Carolina laws that apply to owning or riding a motorcycle and ensure you are always in compliance with them. The following are brief descriptions of some laws regarding SC motorcyclists:

SECTION 56‐5‐3610 – Motorcyclists have all the rights and duties as drivers of other types of motor vehicles.

SECTION 56‐5‐3630 – Motorcyclists may not carry passengers or objects unless the bike is intended to carry them and if they do not interfere with safe operation.

SECTION 56‐5‐3640 – Motorcyclists have the right to use the full traffic lane, can ride two abreast in a lane, but cannot engage in lane-splitting.

SECTION 56‐5‐3660 – Helmets are required for anyone under the age of 21.

SECTION 56‐5‐3670 – Goggles or a face shield is required for anyone under the age of 21.

SECTION 38-77-140 – Motorcyclists must carry minimum amounts of motorcycle insurance including $25,000 in bodily injury coverage per person or $50,000 per crash, as well as $25,000 for property damage. (Note: it is recommended that motorcyclists carry more than the minimum amount of coverage, as injuries from motorcycle accidents tend to be severe.)

Who can be Held Responsible for a Motorcycle Crash?

In many cases, drivers are at fault for causing a motorcycle collision. However, motorcyclists can be involved in a wreck that does not involve any other vehicles. These may be caused by dangerous roadways or malfunctioning motorcycle parts. Therefore, liability in an accident is not always clear just because there was another driver involved.

An experienced motorcycle accident lawyer will know how to evaluate your case and determine whether someone was negligent and caused your accident so that you can file a claim against that party. Some examples of negligence that can lead to motorcycle crashes include:

Proving negligence is necessary to recover from an insurance company or in a personal injury claim in civil court. A skilled attorney will have the resources needed to investigate the circumstances of your motorcycle crash to collect evidence that someone else was at fault.

Recovering for Your Motorcycle Accident Losses

If you can prove negligence, you can seek compensation for any damages that you can prove, which can include both tangible and intangible losses. Some damages commonly recovered in a motorcycle wreck case include:

It’s important to know what steps to take should a motorcycle accident occur. Those include notifying your insurance company and contacting an attorney knowledgeable about motorcycle laws. Insurance companies are especially cautious with motorcycle-related claims, and the insurance difficulties that normally face automobile drivers are magnified for bikers. The Hartman Law Firm, LLC knows insurance company defense tactics. We also know how to present your case to maximize your recovery for your injuries.

The Hartman Law Firm is Experienced in Motorcycle Accident Cases

The motorcycle accident law firm of Hartman Law Firm, LLC has extensive experience in helping motorcyclists and their families with legal claims. Please call so we can help you if you have been injured in a motorcycle accident because someone else broke the law.

Motorcycling is a popular recreational activity and mode of transportation for thousands of South Carolina residents. Motorcycle ownership has increased dramatically in the past few years. In 2010, there were 3,047 non-fatal injuries involving motorcycles. There were 85 fatalities associated with motorcycles in 2010. It is a fun, but dangerous, activity.

Wrecks are usually caused by another driver, not the cyclist. Because motorcycles are small, oftentimes other drivers have a hard time seeing them. That’s especially a problem where the vision of other motorists may be obscured. Motorcycle accidents typically occur during a car accident, when the two vehicles collide. Some important facts about motorcycle accidents include:

The end result of a collision between a motorcycle and a car can be devastating, and the motorcyclist usually suffers the most severe injuries and damage. A collision between a larger vehicle such as a truck or bus can be even worse due to the sheer size and weight of these vehicles.

It’s important to know what steps to take should a motorcycle accident occur. Those include notifying your insurance company and contacting an attorney knowledgeable about motorcycle laws. Insurance companies are especially cautious with motorcycle-related claims, and the insurance difficulties that normally face automobile drivers are magnified for bikers. Hartman Law Firm, L.L.C. knows insurance company defense tactics. We also know how to present your case to maximize your recovery for your injuries.

If you or someone you love has been hurt in a motorcycle accident caused by the negligence of another motorist, Hartman Law Firm, L.L.C. has the experience and the compassion to help you. To learn more about our impressive credentials, please contact us for a free, no-obligation consultation.

Pedestrian Car Accidents

Despite the general rule of pedestrian right of way, careless drivers continue to hit people crossing or walking along South Carolina streets, causing serious injury and death. In 2010, 13 South Carolina pedestrians were killed and another 1,744 were injured, according to the South Carolina Department of Transportation.

Pedestrians have certain rights in South Carolina; drivers are required to stop for pedestrians at all crosswalks (whether marked or unmarked). However, not all drivers observe these rights, and the many factors involved in pedestrian accidents include:

Many drivers will attempt to blame the accident on the pedestrian to avoid legal liability. Their attempt to deflect blame can be infuriating to the pedestrian recovering from such serious injuries as:

Coping with your medical issues may be challenging enough without handling a legal claim or dealing with uncooperative insurance adjusters. Frank is knowledgeable and experienced in handling insurance companies and difficult claims adjusters.

If you are injured as a pedestrian because a driver failed to obey traffic laws, you have rights under the laws of the State of South Carolina and you may be entitled to compensation. At The Hartman Law Firm, LLC, we conduct thorough accident investigations to determine who is at fault. Attention to detail can be the difference between a successful claim and an unsuccessful one. We will seek to prove the driver was speeding or inattentive, even when the driver states otherwise. If the driver’s insurance company attempts to refuse your claim, we will deal with them directly – we know how to deal with insurance companies from prior experience and we will seek proper compensation on your behalf.

If you have suffered serious injury as the result of a pedestrian accident, Frank Hartman can help you make informed decisions about your legal rights. As our client, you will receive attentive and compassionate legal help.

The Takata Airbag Recall: Plans for Safety in a Car Accident Might Explode in Your Face (2021)

If you own a vehicle with a Takata brand airbag, you could be putting your life in the wrong hands. Imagine the shock of an auto collision; the impact of steel and fiberglass at 25 miles per hour.

Now, imagine that your accident was a minor fender bender. The moste trusted safety feature, the airbag, deployed. And when it deployed, it exploded . Shrapnel from the sudden failure blew into your face and body.

This hypothetical story was reality for at least 160 victims in the US. That doesn’t account for many more throughout the world.

Similar explosions killed fourteen of the 160 plus injured poeple.

The Problem With Takata Airbags

Takata knew about the danger of their product since 2015. Airbag deployment test data showed that there was a likelihood of failure.

The culprit for the airbag bombs turned out to be the airbag inflators. A propellant inside the units became unstable over time, especially in certain conditions. The canister holding the propellant would become over-pressurized during inflation of the airbag. The excess pressure acted like an explosive inside a grenade. Pieces of the canister bacame projectiles, hitting the driver.

One case involved the death of a 17-year-old girl. Huma Hanif was involved in a minor crash. She should have had little to no injuries. Instead, a piece of the canister’s metal shell hit her in the neck and she bled to death at the scene.

Takata Engineers Knew About the Problem But Didn’t Fix It

The problem started in Takata’s Japan-based engineering facility. Testing on the inflators revealed up to a 50% rupture rate of the canisters. This means that the company equipped almost half of 70 million vehicles on the road with potentially fatal airbags. They were ticking time bombs.

Engineers at Takata wanted to keep the negative results from making it to the public. So, since at least the year 2000, they began manipulating their data to look more favorable.

In January of 2016, an article in the New York times revealed a long-standing deception by Takata. Emails between Japanese and U.S. Takata engineers revealed manipulated airbag testing results.

According to the article, Taketa engineer Bob Schubert admitted to changing graphics to show better results. This practice had been taking place for 16 or more years company wide. It was so widespread that Schubert referred to it as, “the way we do business in Japan.”

Takata made changes to test data before sending it to customers. This included Honda, GMC, Ford, and many more companies. As a result, the companies had no knowledge of the issue until the defect harmed accident victims.

What Vehicle Makes, Models, and Years Did the Takata Recall Affect?

When more than 70 million cars have a fatal flaw, fixing the issue takes a long time. Auto companies didn't have enough parts to take in so many vehicles at once.

The estimated timeline for recalling and repairing all the affected vehicles was 52% in 2016. Honda predicted that the rate would decline every year after that. That would come out to about 30% of the remaining vehicles repaired a decade out.

The makes and models of cars equipped with the defective inflater are as follows.

Medical Injuries

Medical Malpractice

Fighting for the rights of injured patients due to medical malpractice and negligence.

How do I know if I have a medical malpractice case?

Medical professionals are people like anyone else and so it is inevitable that they will make mistakes at some point. If doctors were held accountable for any little error they made, they would live in fear of legal action and may be reluctant to treat certain patients as needed. For this reason, patients do not have the right to bring a medical malpractice claim for every mistake that their doctors make. Instead, medical malpractice is determined based on standards for medical care in the United States. Each medical professional is expected to act as a similarly trained and reasonable medical professional would act when faced with the same situation. This means that if you visit an eye doctor for a problem with your heart, they would not be expected to act with the same skill as a cardiologist. When a cardiologist is presented with a possible heart problem, however, they are in fact expected to perform the same tests and take the same steps for diagnosis and treatment as another cardiologist would do.

It is when the cardiologist (or another doctor) fails to act in accordance with medical standards that medical malpractice claims may be an option. However, a patient must also suffer harm to have a valid claim. For instance, if the same cardiologist failed to make a diagnosis at the first appointment but then discovered a problem at a later appointment, they may not be held liable if the patient suffered no complications or worsening of a condition in the meantime. However, if a diagnosis was missed and the patient suffered an otherwise preventable heart attack as a result, it would constitute medical malpractice and the patient would have rights to financial recovery.

What is Medical Malpractice?

Medical malpractice is the failure of a medical provider to meet the standard of care in the diagnosis or treatment of a patient. According to a 2004 study of 37 million patient records, an average of 195,000 people in the United States died due to potentially preventable, in-hospital medical errors between 2000 and 2002.

Doctors aren't the only one's who can fail when giving a patient care. Medical negligence can be committed by:

There is never a guarantee of a cure or a positive outcome during treatment but providers are expected to meet the standards of peers in the medical community. Medical malpractice centers on whether or not the provider failed to meet standard medical care. Abuse or neglect of patients in psychiatric in-patient care, assisted living or nursing homes also is a malpractice concern.

The numbers show it is only a few health care providers that provide care where injury occurs. Yet, those few are the reason for the skyrocketing medical and insurance costs across the United States.

Losing a loved one is never easy, but losing one to the hands of another turns grief into trauma. Sometimes simple questions are shut down or the medical staff claim what you remember is out of order. They are working to protect themselves and their jobs.

Where Does Medical Malpractice Happen?

Medical malpractice focuses on medical providers who failed to adequately care for patients according to the standards set for their industry. This can include:

What are the Most Common Types of Medical Malpractice?

There are many different forms of medical malpractice involving different medical professionals. The following are some examples of common types of medical malpractice:

The above are only some of the many ways that a doctor or another medical professional can make serious errors and cause significant injury and losses for patients.

Because of the healthcare situation in the United States, emergency room use is rising. However, the number of emergency departments across the U.S. is falling, according to the National Center for Health Statistics. This development has led to medical professionals working harder and with more patients. It makes for a situation in which mistakes can be made. However, the circumstances do not change the obligations medical professionals have to avoid mistakes when they treat patients.

If you or someone you love has been injured or killed because of an emergency room error, you have rights under the law against the defendant. To learn how the Charleston emergency room error medical malpractice lawyer at The Hartman Law Firm, LLC can help you, call us today toll free or contact Frank online. We represent clients throughout Charleston and across South Carolina. We can provide a free, no-obligation initial consultation.

Frequent Errors in Hospital Emergency Rooms

There are approximately 136.1 million emergency room visits in the U.S. every year. That statistic means for every 100 people there are 45 visits to an ER in any given year. Meanwhile, with the recent changes to health care in the United States, it is likely the volume of people seeking treatment at the ER is going to continue increasing.

According to a recent Wall Street Journal, 37 to 55 percent of emergency room negligence cases arise from diagnostic errors.

Other frequent ER errors include:

The hurried environment of an emergency room does not allow doctors and other medical staff to fail to diagnose, delay diagnosis, fail to order or properly read relevant tests, provide inadequate staffing, or fail to follow dictated guidelines intended to protect patients. Such emergency room errors may constitute medical negligence or medical malpractice if a patient is harmed.

An emergency room error attorney with experience in medical malpractice claims can help evaluate the circumstances of your or your loved one’s injury. A lawyer will work with medical experts to evaluate whether healthcare standards were met and advise you of your legal options.

Frank Hartman represents emergency room negligence victims throughout Charleston and across South Carolina. There are statutes of limitations that limit the time in which you can bring a claim. So, don’t delay. Get help now.

Prescription Drug Inuries

Prescription medications are a life-saving tool in the modern world. They cure diseases, fight infections, and give us more time with our loved ones.

Tragically, medications are sometimes prescribed in error. When this happens and someone suffers injury, liability is on the medical professional.

How to Get the Compensation You Deserve for a Pharmaceutical-Related Injury

If you or someone you love has been injured by a pharmaceutical drug, you may have a defective products claim. Pharmaceutical-drug-based product liability claims are similar to other defective product claims.

Pharmaceutical-related injury claims have some differences.

What is Products Liability with Prescription Drugs?

Product liability is a type of personal injury case that arises when a consumer is injured by a defective or dangerous product. These products can include items that are ingested, such as food items or prescription drugs. In general, product liability is considered a strict liability type of tort case. This means that the manufacturers of the drugs are liable for any defect in the drug, causing injury to the consumer, whether the maker was negligent or not.

In general, product liability means that the manufacturer of a drug is liable for defects. This is the case regardless of negligence.

What Kinds of Defects can Prescription Drugs Have?

Prescription and over-the-counter drugs and medical devices typically lead to one of three categories of prescription drug claims:

The drug is fundamentally dangerous or defective

Not all medications and medical devices are created equal. Some are born of flawed design, which can lead directly to subsequent injury. The manufacturer may be aware of the product’s flawed origins to begin with, or they may learn about them after the product is marketed and as further evidence becomes available.

The drug’s manufacture is defective

Some drugs are well designed and beneficial, but they can become tainted, damaged, and/or dangerous during the manufacturing, shipping, labeling, and/or dispensing process.

The drug is labeled inappropriately

No matter what a drug’s benefits, if its manufacturer fails to provide and affix the appropriate and necessary label warnings, instructions, intended usage, and/or recommendations, it can lead to serious injury.Whether the manufacturer is aware of these areas of defect or not, you – as an injured consumer – have the right to bring claim for product liability regarding any damage you sustain from these forms of defective medications or medical devices

What Kinds of Defects can Prescription Drugs Have?

The drug is fundamentally dangerous or defective

Not all medications and medical devices are created equal. Some are born of flawed design, which can lead directly to subsequent injury. The manufacturer may be aware of the product’s flawed origins to begin with, or they may learn about them after the product is marketed and as further evidence becomes available.

The drug’s manufacture is defective

Some drugs are well designed and beneficial, but they can become tainted, damaged, and/or dangerous during the manufacturing, shipping, labeling, and/or dispensing process.

The drug is labeled inappropriately

No matter what a drug’s benefits, if its manufacturer fails to provide and affix the appropriate and necessary label warnings, instructions, intended usage, and/or recommendations, it can lead to serious injury.Whether the manufacturer is aware of these areas of defect or not, you – as an injured consumer – have the right to bring claim for product liability regarding any damage you sustain from these forms of defective medications or medical devices.

How to Win your Big Pharma Error Lawsuit

You will need to prove 3 things

Injury

You have to prove that you were injury. This is usually done through a battery of tests and exams AND

Defective

The drug was defective or improperly marketed (including having unreasonably dangerous side effects that you were not warned about), AND

Bad Marketing

The defect or improper marketing was the cause of your injury.

Class Action Lawsuits

If you have been injured by a commonly prescribed drug, you may be only one of a large number of people who have been similarly injured. In such cases, you may be able to band together and file a class action lawsuit.

In some cases, a class action may already have been filed in connection with the drug that injured you, and you may have the option of joining that already-existing lawsuit.

Prescription Drugs and Risk

To live healthy and productive lives, many people depend on the benefits of medications – both prescription and over the counter. You carefully follow your doctor’s medical advice with the belief that it is offered in good faith and will improve your health and wellbeing. Unfortunately, it doesn’t always work that way. Some prescription and over-the-counter medications and medical devices can be more harmful than they are helpful. And as a healthcare consumer, you may not even be aware of the dangers inherent to your medical treatment.

The Food and Drug Administration (FDA) must test and approve any medication or medical device that is made available to the public, and the FDA monitors the safety of these products after they become available to consumers. Even with this rigorous process, medications and medical devices that cause serious injury continue to reach the healthcare market. In fact, once the FDA allows a drug’s passage, the drug usually won’t be recalled until it’s been proven to have caused significant damage to consumers.

Further, the FDA doesn’t recall all drugs that are linked to serious side effects and injury. Instead, the FDA states that drug manufacturers and the drug-distribution chain are responsible for managing drug quality and safety risks. This hands-off approach means that it’s often left to patients who have experienced injurious side-effects first hand to hold big drug companies accountable through the roundabout process of pharmaceutical litigation.

Injured Consumers Have the Right to a Product Liability Claim

Defective drugs and medical devices are still available for consumer purchase and use. Pharmaceutical companies are in the business of profits. They invest in medical research and development with the expectation of a financial return.

Unfortunately, when pharmaceutical products harm their users, it’s the consumer who ends up bearing the costs of injuries.

If you’ve suffered damages from a medication or medical device in South Carolina, it’s your right to file a product liability claim. Product liability refers to the responsibility that manufacturers, distributors, and/or retailers of medications owe their consumers. This includes the responsibility to reasonably anticipate potential risks associated with their products, to eliminate or provide adequate warnings for those foreseeable risks, and to deliver products that are free from defect.

Ultimately, this process isn’t foolproof. It’s impossible to anticipate every potential danger that might be associated with a medication or medical device. In fact, most product liability claims are related to medication and medical devices.

Every product liability case involving pharmaceuticals is unique. As a result, it’s important that you thoroughly identify all potential defendants in your claim. This includes identifying the supply chain from the manufacturer to the pharmacy.

The supply chain consists of a number of entities.

The pharmaceutical manufacturer is usually a large company that provides the funding for research, development, manufacture, and distribution of a new drug. These pharmaceutical corporations aggressively defend against product liability claims.

Testing laboratories conduct safety trials on pre-market drugs. This includes an elaborate series of tests.

Pharmaceutical sales representatives typically work for the drug manufacturers. Their job is to meet with medical professionals and businesses to make drug recommendations. Sales representatives can be indicated in your claim if they played a significant role in recommending the injurious drug in question.

The prescribing doctor may be liable if they failed to provide adequate instructions or warn you about the drug’s potentially dangerous side effects.

The hospital or clinic where you were treated may be liable for their part in providing the product.

Finally, the pharmacy that filled the prescription is the final link in the chain. If your pharmacist improperly consulted you about the defective medication, they may also be held liable.

Never Events

Doctors make mistakes. While some errors may be understandable, there are certain errors that no doctor should ever make. These events have been referred to as “never” events.

Recent studies show that a never event may occur as many as 80 times each week.

If you or someone you love was the victim of a never event, you should speak with a medical malpractice lawyer from Hartman Law Firm, L.L.C. now. Because never events are so bad, you may be entitled to compensation for the harm that the error has caused you. Find out more by calling us today toll-free or submitting our online form.

What is a Never Event?

A never event is a mistake without an excuse. According to the Agency for Healthcare and Research Quality, there are 29 errors defined as “never events.” They are grouped into different categories.

They include:

These things should not ever occur in a healthcare setting and when they do, the doctor, or healthcare facility can be held legally liable for the consequences.

How Often Do Never Events Occur?

A recent study, based on data collected between 1990 and 2010, indicates around 80,000 never events have occurred in the U.S. during that time.

According to the study:

Not surprisingly, surgeons that had a history of malpractice made it more likely that one of these events would occur.

What Do You Do If You Are the Victim of a Never-Event?

If this happens to you or someone you love, you should speak with us immediately. You may very well have a good case.

Your cooperation will be needed in order to make your case and justify any losses that you want to claim.

Some forms of payment that you can pursue include: payment of medical costs, lost wages, any future reduction in earning potential, pain and suffering, emotional distress, wrongful death damages, etc.

An experienced medical malpractice lawyer can help you to gather the evidence that you need to get the compensation you deserve.

Emergency Room Injuries

The number of previously healthy people who die every year from hospital error is about 7,150. The remainder of preventable deaths occurred in patients with less than a three-month life expectancy.

Because of the healthcare situation in the United States, emergency room use is rising. However, the number of emergency departments across the U.S. is falling, according to the National Center for Health Statistics. This development has led to medical professionals working harder and with more patients. It makes for a situation in which mistakes can be made. However, the circumstances do not change the obligations medical professionals have to avoid mistakes when they treat patients.

If you or someone you love has been injured or killed because of an emergency room error, you have rights under the law against the defendant. To learn how the Charleston emergency room error medical malpractice lawyer at Hartman Law Firm, L.L.C. can help you, call us today toll free or contact us online. We represent clients throughout Charleston and across South Carolina. We can provide a free, no-obligation initial consultation.

Frequent Errors in Hospital Emergency Rooms

There are approximately 136.1 million emergency room visits in the U.S. every year. That statistic means for every 100 people there are 45 visits to an ER in any given year. Meanwhile, with the recent changes to health care in the United States, it is likely the volume of people seeking treatment at the ER is going to continue increasing.

According to a recent Wall Street Journal, 37 to 55 percent of emergency room negligence cases arise from diagnostic errors.

Other frequent ER errors include:

The hurried environment of an emergency room does not allow doctors and other medical staff to fail to diagnose, delay diagnosis, fail to order or properly read relevant tests, provide inadequate staffing, or fail to follow dictated guidelines intended to protect patients. Such emergency room errors may constitute medical negligence or medical malpractice if a patient is harmed.

An emergency room error attorney with experience in medical malpractice claims can help evaluate the circumstances of your or your loved one’s injury. A lawyer will work with medical experts to evaluate whether healthcare standards were met and advise you of your legal options.

Boating Accidents

In 2017 the U.S. Coast Guard country 4,291 recreational boating accidents

2,629 boating injuries

658 boating accident deaths

Causes of Boating Accidents

What are the top reasons for boating accidents?

Human error, improper boat maintenance, or boat defects.

Can there be more than one defendant in a boating accident case?

Definitely. Circumstances where there may be more than one defendant in a boating accident case are:

If I was also drinking while boating, am I partly responsible for the boating accident?

It depends on the circumstances under which the accident occurred. It is always best to just call our office and take advantage of the free 20-minute strategy session.

What are South Carolina's BUI Laws?

Boating Under the Influence (BUI) laws in South Carolina are:

It is illegal to operate a motorized watercraft, including sailboats, while under the influence of any mind-altering substance. That includes alcohol and drugs.

You do not need to have a breathalyzer to determine if you are impaired. It is at the law enforcement's discretion to determine if you are too impaired to be operating a watercraft.

The penalties for a first-time BUI are as follows:

For a first offense, by a fine of two hundred dollars or imprisonment for not less than forty-eight hours nor more than thirty days. However, in lieu of the forty-eight hour minimum imprisonment, the court may provide for forty-eight hours of public service employment. The minimum forty-eight hour imprisonment or public service employment must be served at a time when it does not interfere with the offender's regular employment under terms and conditions, as the court considers proper. However, the court may not compel an offender to perform public service employment instead of the minimum sentence;

The penalties for a second BUI are as follows:

For a second offense, by a fine of not less than two thousand dollars nor more than five thousand dollars and imprisonment for not less than forty-eight hours nor more than one year. However, the fine imposed by this item may not be suspended in an amount less than one thousand dollars. Instead of service of imprisonment, the court may require that the individual complete an appropriate term of public service employment of not less than ten days upon terms and conditions the court considers proper. Upon imposition of a sentence of public service, the defendant may apply to the court to be allowed to perform his public service in his county of residence if he has been sentenced to public service in a county where he does not reside;

The penalties for a third BUI are:

By a fine of not less than three thousand five hundred dollars nor more than six thousand dollars and imprisonment for not less than sixty days nor more than three years.

(C) Any person convicted of operating a water device in violation of subsection (A), in addition to any other penalties, must be prohibited by the department from operating any water device within this State for six months for the first conviction, one year for the second conviction, and two years for the third conviction. Only those violations, which occurred within ten years including and immediately preceding the date of the last violation, shall constitute prior violations within the meaning of this section.

A person whose privilege is suspended under the provisions of this section must be notified by the department of the suspension and of the requirement to enroll in and successfully complete an Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services prior to reinstatement of the privilege. An assessment of the extent and nature of the alcohol and drug abuse problem, if any, of the applicant must be prepared and a plan of education or treatment, or both, must be developed based upon the assessment. Entry into and successful completion of the services, if such services are necessary, recommended in the plan of education or treatment, or both, developed for the applicant is a mandatory requirement of the restoration of privileges to the applicant. The Alcohol and Drug Safety Action Program shall determine if the applicant has successfully completed the services. The Department of Alcohol and Other Drug Abuse Services shall determine the cost of services provided by each certified Alcohol and Drug Safety Action Program. Each applicant shall bear the cost of services recommended in the applicant's plan of education or treatment. The cost of services must be within the limits set forth in Section 56-5-2990(C). No applicant may be denied services due to an inability to pay. Inability to pay for services may not be used as a factor in determining if the applicant has successfully completed services. If the applicant has not successfully completed the services as directed by the Alcohol and Drug Safety Action Program within one year of enrollment, a hearing must be provided by the Alcohol and Drug Safety Action Program and if further needed by the Department of Alcohol and Other Drug Abuse Services

Boating Accidents in the Charleston, South Carolina Ocean Waters

Countless numbers of boaters take advantage of the Cooper River or the Atlantic Ocean and other small streams throughout the Charleston area. Unfortunately, boating accidents occur too often on these waterways.

Sometimes, these accidents can’t be helped. Bad weather can be a factor, however, a boating accident may be caused by the driver’s negligence or some defect in the boat or its equipment.

According to the South Carolina Department of Natural Resources, 141 boat crashes occurred in Charleston in 2008. These boat wrecks led to 61 injuries and 29 fatalities.

The majority of South Carolina boating accident deaths result from drowning, and most victims were not wearing a life jacket. Also, statistics show that fatal boat crashes more likely occur when boaters lack proper safety instruction. For instance, the Coast Guard indicates that only 11 percent of the fatalities in 2011 occurred on boats where the boat operator had reviewed boating safety instructions.

Causes of Charleston Boating Accidents

The U.S. Coast Guard data shows a clear link between deaths and a lack of boating safety knowledge. But there are many causes of boating accidents. According to U.S. Coast Guard data, common causes of boating crashes include:

In some cases, a combination of these factors may contribute to an accident that injures or harms someone.

We Hold Negligent Boaters Accountable

Human error, improper boat maintenance, or boat defects are most often the reason for most boating accidents. If any of these factors played a role in an accident that injured you or caused the death of a loved one, you may be able to seek legal relief. Possible scenarios include:

Being the passenger on a boat where your friend or acquaintance is driving while intoxicated, failed to follow proper procedure, or did not act with the reasonable care that any boat driver should exhibit. You may be able to make a claim against the boat operator for negligence.

If you are involved in a boat collision caused by another vessel, such as a boat or jet-ski, you may have a claim against the driver of the other boat. This, too, would be a negligence case.

If there is a defect in the design or build of the boat that caused the event, you may be able to hold the manufacturer or seller of the boat responsible. We would need to bring a product liability case against the manufacturer on your behalf.

If you contracted with someone to repair your boat. If that person failed to properly repair or maintain the boar or failed to identify broken or damaged parts, he could be held responsible for negligent maintenance.

If you were involved in a boating accident that was caused by negligence or a boat defect, you may be entitled to compensation. The Charleston boating accident lawyers at Hartman Law Firm, L.L.C. can help. With offices conveniently located in Charleston, we have helped numerous boat crash victims throughout the state. We have the expertise and knowledge about boat wrecks to help you win the largest amount of compensation possible given your situation.

Our Charleston boating accident attorneys can help you to determine which legal theory or theories are best to make your claim after a boat wreck.

Slips and Falls

Every year, thousands of people are injured when they slip or trip and fall on a wet floor, stairs, or a rough patch of ground. Unfortunately, many of these injuries are often very serious.

Slip and fall cases fall under the legal precedents of premises liability. Premises liability is typically considered in personal injury cases where the injury was caused by an unsafe or defective condition on someone’s property. Like most personal injury cases, premises liability cases are based on negligence.

In order to win a premises liability case, the injured party must prove that the property owner was negligent about ownership or maintenance of their property.

South Carolina’s Statute of Limitations

Before you file a slip and fall lawsuit, you have to consider the statute of limitations. The statute of limitations is the maximum period of time that you have to file a claim.

In South Carolina, you have three years to ask the court for a civil remedy to cover personal injury or damages. If the claim is against the state, the statute may only be 2 years.

It’s very important to contact an attorney as soon as you can. If you wait too long, you won’t be able to file and may lose any chance for receiving compensation.

Slip and fall accidents can include slipping, twisting, spinning, wrenching, sliding, and any number of other movements that result in injury. Not all slip and fall accidents are created equal. In fact, such cases can be exceedingly complicated.

Injuries that you incur on someone else’s property are not necessarily the property owner’s fault. In South Carolina, the laws are very clear about what constitutes a valid slip and fall case.

To bring a viable claim, you have to show that the property owner either created a dangerous condition that led to your injury, knew about the condition that caused your injury, was notified of the danger, or should have known about it. Furthermore, they must have failed to warn you or other people on site, or to fix the issue when they should have.

Corporate Denial of Trip and Fall Cases

Often, large corporate landowners will – as a matter of course – disclaim or deny liability for most slip-and-fall or trip-and-fall accidents on their property. This can represent a kind of overall cost-benefit analysis for the corporate entity – the more cases they (with their in-house litigation teams) deny (no matter the validity of the cases) the more would-be litigants they frighten off. Corporate landowners are in the business of making money and are, therefore, likely to take an aggressive stance toward slip and fall litigation to intimidate would-be litigants. This can be a corporation’s business-as-usual stance, but don’t let it fool you. You have the legal right to expect the environment that you do business in to be appropriately maintained and to be free from dangerous impediments.

The Extent of Premises Liability

Premises liability cases amount to more than just slip and fall or trip and fall cases. In fact, each premises liability case is unique unto itself. There are, however, specific conditions that should be carefully considered:

Businesses owe their customers reasonably safe commercial conditions, which include adequate security and sufficient lighting in those areas that are integral to conducting business – including stairwells, parking lots and ramps, and garages. Faulty security and inadequate lighting in such areas can contribute to trip and fall or slip and falls and any number of other safety issues.

Burden of Proof in Trip and Fall Cases

If you’re injured while conducting business with a corporate entity, there are situations in which the property owners are legally responsible for the harm you sustain on their property. South Carolinian property owners have distinct responsibilities, and when they fail to uphold these responsibilities, they can be held liable for damages (such as your injuries).

In South Carolina, you must be able to prove that your injury was caused by a breach of the business owner’s duty. You, as the business’s invitee, are owed the owner’s duty of avoiding the creation of unreasonable risks that might lead you, as an invited consumer, to suffer injury on the business property. As such, you must be able to prove two necessary elements of a successful trip and fall or slip and fall case:

  1. The business owner, manager, or employee was responsible for whatever caused your injury. Typically, corporations are held responsible for their employees and for outside companies that they hire to do work on their behalf. They are not, however, responsible for third-party actions, such as when another customer spills something slippery on the business’s floor that the company can’t reasonably be expected to be aware of.
  2. The business should have known that whatever caused the accident was present and then failed to rectify the danger or to warn customers of its presence. The caveat to this is that you, as a typical shopper, are expected to heed your surroundings and to notice and avoid glaringly obvious dangers.

The Philosophy behind Trip and Fall or Slip and Fall Cases

When you go shopping or enter into a business transaction with any kind of enterprise as an invited guest – or customer – you are awarded the status of having the reasonable expectation that the commercial interaction will not harm you by way of presenting hazardous conditions or dangerous states of repair. There are several conditions that are routinely deemed injurious:

Any of these instances can contribute to a trip and fall or  slip and fall case. We all default to "I’m clumsy" from time to time, and that’s understandable. Don't let that be an excuse when you’ve been seriously injured because of someone else’s negligence. Stand up for your legal rights.

Slip and fall or trip and fall accidents are notoriously complicated, and they can also be vexing; that should not affect your resolve to fight for your right to shop wherever you are invited (commercial shopping venues) and to do so while unmolested by avoidable dangerous conditions.

Trip and Fall Injuries

Differences: Trip and Fall vs. Slip and Fall

While many people use the words “slip and fall” and “trip and fall” interchangeably, there are key legal distinctions between the two types of accidents that can impact on your claim.

  1. Slip: occurs when there is not enough friction between an individual’s shoe and the floor surface.

  1. Trip: occurs when there is a loss of friction. This can happen when something prevents the foot from completing the walking motion. Causes include an irregular surface, cracked sidewalks, the edge of a rug, and various other hazards.

Trip and Fall Injuries

Most of the differences between slip and fall and trip and fall cases surround the types of injuries you can suffer as a result of the accident.

As indicated above, some of the common causes of trip and fall accidents include fixed objects or uneven surfaces, or objects that are in someone’s path and cause them to stumble. The possible injuries resulting from your trip and fall include:

Trip and Fall Accidents and Premises Liability

Trip and fall cases, like slip and falls, are under the umbrella of premises liability. Premises liability is a legal concept that typically comes into play in personal injury cases where the injury was caused by some type of unsafe or defective condition on someone’s property.

Like most personal injury cases, premises liability cases are based on the legal theory of negligence. In order to win a premises liability case, the injured person must prove that the property owner was negligent with respect to ownership or maintenance of the property.

Watch Your Step!

Accidents do happen, but when they’re caused by someone else’s negligence rather than by a simple moment of clumsiness, they become legally significant. The National Safety Council finds that falls are one of the primary causes of unintentional injuries in the U.S. As an invited customer on commercial property, you have the valid expectation to remain reasonably safe on the premises. When a business fails to uphold its end of this safety equation and you become injured, that business is liable for your injury.

What’s in a Word?

In the case of trip and fall and slip and fall claims, words do make a difference. While every premise liability case is unique to its specific set of circumstances, these two claims have distinctions. When you slip, your feet lose traction with the ground; when you trip, your feet lose contact with the ground. Because every premise liability case is fact sensitive and hinges on its own details, it’s important to accurately portray the kind of accident you’ve suffered. If you’ve been injured by someone else’s negligence, you can’t build an effective case if you can’t accurately identify the cause of your accident.

There is an important physical distinction between slip-and-fall and trip and fall cases. Slips are often (but not always) caused by temporarily slippery walkways, which usually become slippery when something wet and slippery spills, leaks, or splashes on them. Typically, the slippery substance will quickly dry, evaporate, or be routinely cleaned. This can diminish your ability to obtain necessary evidence and can lessen the business’s liability (because it might be difficult to prove that the business should have known about the temporarily slippery surface in the first place). Trips are often (but now always) caused by physical obstructions that are usually more enduring (like cracks in the sidewalk and uneven entrances). Such obstructions help to take some of the guess work out of evidence gathering and liability determination.

Did you slip or did you trip are important questions that can be integral to your claim. This distinction should not be overlooked. An experienced premise liability attorney can help you build your case appropriately and effectively.

Proving Your Claim

In certain situations, corporate property owners are legally responsible for any harm you sustain as an invitee (customer, client, or guest) on their property. In South Carolina, property owners owe you distinct responsibilities, and when they don’t meet these responsibilities, they can be found liable for your damages.

To bring a successful legal claim (either slip and fall or trip and fall), you must be able to prove that your injury was caused by the business’s breach of duty. As an invitee, you’re owed the duty of not being subjected to unreasonable risks. There are two important elements necessary for a successful premise liability case.

These include that the business – whether it be the owner, the manager, or an employee – was directly responsible for whatever obstruction caused you to trip. Corporations are usually held accountable for their employee’s actions and for the actions of secondary companies that work for them. Third-party actions, however, are not considered part of the business’s purview. So, if another customer creates a tripping hazard that the company can’t reasonably be expected to know about, the company probably won’t be found liable.

Additionally, it must be shown that the business either knew or should have known about the obstruction that caused you to trip but failed to take care of the obstruction. Just as in a slip and fall accident, however, the caveat remains that you, as a typical shopper, are expected to heed your surroundings and to notice and avoid glaringly obvious dangers like blatant obstacles in your path.

Course of Action

All of us trip over our own two feet occasionally, but if you’ve been injured in a trip and fall accident that was caused by someone else’s negligence, there is a straight-forward course of action that you should follow:

Seek Medical Attention

First and foremost, your health and wellbeing should be your top priority; seek appropriate medical attention as soon as possible. As time passes, it will become more difficult to prove the correlation between your trip-and-fall accident and your claim. Additionally, it’s important that you thoroughly document every medical complaint from the beginning – even minor injuries can morph into more serious problems over time. Any medical records regarding visits, procedures, treatments, medications, diagnoses, and prognoses that the accident evinces should all be compiled as medical evidence for your case.

Memorialize the Scene of the Trip and Fall Accident

If you can, capture the accident site with pictures and/or a short video. If you can’t, ask for assistance or arrange to have it done as quickly as possible. Go over the accident in your head and commit your description to writing. Be sure to document any obstructions or impediments to normal walking that might have caused you to trip. By capturing the scene of the accident with pictures and accurate descriptions, you are documenting the business’s negligence, which could be integral to the success of your claim.

Speak with any Witnesses and Obtain Their Contact Information

If there are any witnesses, their corroborating testimony can be crucial to your case. Speak to any potential witnesses, jot down what they saw, and get their contact information. If you can’t do this at the scene, ask for assistance or arrange to have it done as soon as possible. Evidence deteriorates over time; begin compiling all that you can at the scene of the accident.

Obtain an Experienced Premise Liability Attorney with Expertise in Trip and Fall Cases

Speak with a skilled premise liability lawyer as soon as you can. Provide your attorney with the documentation that you’ve gathered – including photos, videos, eye-witness accounts and contact information, and any accident reports. Get started working with your legal counsel as soon as you can, which will allow them to expertly build your trip and fall case.

Accidents happen and people do trip and fall, but if your fall was caused by corporate negligence, take the situation seriously and implement these steps to uphold your legal rights.

Your Trip and Fall Case

Trip and fall cases are complex and can be confounding, but don’t let that deter you. If you’ve incurred an injury due to someone else’s neglect, contact a skilled premise liability attorney. Your rights and your safety matter.

Traumatic Brain Injury (TBI)

According to the Centers for Disease Control and Prevention (CDC) more than 1.7 Million people suffer from Traumatic Brain Injury (TBI) every year. Of those cases, 52,000 are fatal and 275,000 result in hospitalization.

Many TBI cases are preventable. In many cases they result from accidents like car crashes, workplace accidents, and slips and falls. There is also medical evidence to suggest that brain injury at birth can be a cause of cerebral palsy. Children are more open to getting cerebral palsy as a result of a preventable event during childhood.

How Do You Get a Traumatic Brain Injury?

A traumatic brain injury, also called a TBI, is caused by a blow to the head, sudden jerking forces, or by an injury that punctures the brain. Brain injuries can impair critical functions such as speech, vision and memory.

Some cases of TBI aren’t serious. This is usually something like a mild concussion. In fact, most injuries to the brain aren’t critical. However, severe TBI’s can be characterized by an extended period of unconsciousness or amnesia.

Traumatic brain injury is difficult to detect because the signs of serious brain damage aren’t usually obvious. In many cases, the symptoms can be attributed to another cause. Symptoms of TBI include:

Any trauma to the head can lead to TBI. According to the CDC the leading causes of brain injuries are falls, car accidents, and "struck by events."

Falls are the leading cause of TBI in the U.S., accounting for 35 percent of head injuries. Falls cause 50 percent of the TBIs among children age 14 or younger and six of every 10 TBI cases among adults 65 years old and older.

Motor vehicle wrecks – Car accidents cause 17 percent of all TBI cases and are the leading cause of all TBI-related deaths (32 percent).

Struck by events – About 16.5 percent of TBI cases are caused by collisions with a moving or stationary object. For instance, a TBI may result from falling off of a ladder on a construction site, or by being struck in the head by heavy machinery at work.

TBI's: The Silent Epidemic

Serious injury to the brain can be devastating and life-altering. What’s worse, these injuries aren’t always obvious to the outside world. That’s why traumatic brain injuries are often referred to as invisible injuries or as the silent epidemic.

If you’ve suffered a TBI, your life changed in that moment, but your injury may not be visible. The silent nature of TBIs can compound the seriousness of their psychologically damaging effects.

Furthermore, recovering from a TBI is often a lifelong event that you, your family, friends, loved ones, and caregivers. The emotional, physical, and financial strain can be overwhelming.

Don’t Stay Quiet About a Potential Brain Injury

Seemingly minor brain traumas are often ignored to the detriment of everyone involved. Just because brain injuries can’t be seen, they can wreak havoc on their victims, especially if they’re left untreated.

Even minor brain trauma can cause major health complications over time. But this has been something most people didn’t understand.

To combat the lack of knowledge, TBI victims are sharing their stories of injury, impact, and recovery for the benefit of all. These first-hand accounts allow us to better understand the nature of TBIs and shed light on their diagnosis and treatment.

No Head Trauma is Too Minor to Get Checked Out

Your brain makes you who you are, but your brain is also extremely delicate. A seemingly minor traumatic event can cause damage to specific areas of the brain. And this can prove life altering. Such events can take place nearly anytime and nearly anywhere.

If you’ve been in an accident or incident that caused your head to be jolted and/or if you’re experiencing any of the TBI warning symptoms, don’t hesitate to seek immediate medical attention. Your health and your future might depend upon it.

Don’t let your minor head trauma become another invisible injury statistic. Your health is too important not to err on the side of caution.

What are the Long Term Consequences of a Traumatic Brain Injury?

Your brain is in control of your body’s functiond. Even a minor TBI can interfere with your natural functions, often in unpredictable ways.

TBIs can affect your cognitive functioning, your speech and language skills, and your senses (including hearing and smell). Additionally, victims of TBIs are often afflicted with seizures that can become chronic.

Beyond the physical consequences are the long-term emotional and psychological consequences, which can be frustrating. Often times, sufferers are unable to control their emotions in the same way that they could pre-injury. Depression and social malaise are common and often lead to self-isolation .

How Does an Attorney Handle a TBI Injury Case?

If you’ve suffered a traumatic brain injury, you know it’s truly traumatic. If your injury was caused by someone else’s negligence, wrongful conduct, or recklessness, you’re likely entitled to legal compensation. As a TBI victim you are looking at a lifetime of uniquely complex challenges that are likely to be invisible to the outside world. This can make your physical, emotional, and financial burden that much more difficult.

Additionally, your claim will evolve over time, often in unpredictable ways. As a result, it can easily become overwhelming.

To add insult to injury, your health insurance provider won’t have your best interests in mind, and could push for a fast and cheap settlement that doesn’t address your evolving physical, emotional, and financial needs.

Don’t despair. An experienced South Carolina law firm with expertise in TBI claims like yours can help. Your case matters and it’s imperative that you preserve your rights by retaining legal counsel that’s determined to fight for what’s rightfully yours. The right firm for your TBI case will have the resources to dig deep into the evidence and legally justify your TBI claim’s full value.

The skilled legal counsel representing your TBI claim will need to work past the superficialities of your case and toward an ironclad presentation of the prevailing facts. This may mean running interference with your health insurance provider, but it means much more than that:

Medical Experts

Your legal representation will work with experts to help cull out the salient medical facts that provide a reliable overview of your TBI claim and the resulting long-lasting deleterious effect on your life.

Evidence

Your legal team will skillfully compile and create a comprehensive narrative of the evidence that relates to your unique TBI case, including photos, videos, witness statements, accident reports, police records, and whatever else is necessary.

Expenses

Assessing your probable overall expenses and needs as you move forward with your life post-injury – to include a comprehensive account of expenses as they relate to your resulting need for medical care, healthcare, medical and daily-living assistance, and housing.

Your Charleston Traumatic Brain Injury Attorney

Any injury involving your brain is serious. After all, it is your brain and it’s what makes you uniquely you. Therefore, your TBI claim is crucial to your future health and wellbeing. Don’t leave it to the discretion of your insurer or anyone else.

Proving a TBI can be challenging and navigating the court process is confusing. In the event that you've suffered a Traumatic Brain Injury as a result of someone else's negligence, it's important that you contact legal counsel as soon as possible.

Frank Hartman of the Hartman Law Firm has experience and knowledge to press for fair compensation for your injury. He has been in practice for more than 14 years and has a long-standing reputation for successfully winning every amount of compensation possible for his clients.

Spinal Injuries

The National Spinal Cord Injury Statistical Center reports that there are more than 17,000 Spinal Cord Injuries every year. Spinal cord injuries are very severe and often leave victims paralyzed in the lower half of the body (paraplegic) or in all four limbs (quadriplegic).

What is a Spinal Cord Injury?

A spinal cord injury (SCI) is trauma to any part of the spinal cord or nerves at the end of the spinal column. These injuries can cause permanent changes in strength, sensation and other body functions below damaged area. Due to their severity, they are usually considered catastrophic injuries.

The spinal cord is the nerve center of the body, acting like an electrical connection from the brain. Most of bodily functions, including breathing, body temperature, bladder, and sexual activity, require a fully functional spinal cord. As a result, accident victims can suffer a broad range of permanent and serious health problems.

Common Causes of Spinal Cord Injuries

Spinal cord injury can also be caused by errors that occur during risky surgical procedures involving the back and the neck. In some of these cases, a spinal cord injury may have been avoidable, and the error might result in a medical malpractice case.

How Will a Spine Injury Effect my Life?

A spinal cord injury, like any serious injury, can happen without warning and can change your life forever. It’s difficult to anticipate just how dramatic the consequences of an injury can be, physically, emotionally, and financially. The Mayo Clinic states that SCIs are a result of damage to the vertebrae, ligaments, or disks of the spinal column or the spinal cord itself.

Furthermore, spinal cord damage from an accident won’t always be immediately apparent. The Mayo Clinic also says that additional damage accumulates over days and weeks as bleeding, swelling, inflammation, and fluid accumulation in and around your spinal cord.

Your spinal cord, together with your brain, comprise your central nervous system (CNS). It’s responsible for coordinating your body’s movements and sensations. And if you suffer a severe back injury, your body’s ability to send and receive messages from your brain may be impaired.

Spinal cord injuries, or spinal cord trauma, are far more than just a single event. The blunt force of the initial accident causes damage or death to spinal nerve cells. In the hours and days that follow the accident, an onslaught of secondary events ensues. These often include diminished oxygen and released toxins at the injury site, which can cause further spinal-cord damage.

About Injuries to the Spinal Cord

There are two general forms of spinal cord injuries. They fall under Incomplete and Complete

An incomplete SCI happens when the spinal cord is not completely damaged or disrupted. In this case, some motor or sensory functions are preserved below the injury. Victims of such injuries can continue to regain function for more than 18 months after the injury, and some people continue to regain function for years.

In comparison, complete spinal cord injuries result in all signals from the brain to the body (below the nerve damage) being obstructed, and paralysis is almost certain. Living with paralysis or any spinal cord injury is costly, and these conditions commonly incur complex secondary or chronic health conditions. These can include:

In many cases, these conditions aren’t adequately covered by health insurance.

Spinal Cord Injury Research and Resources

Spinal cord injuries are always serious, but advances in scientific research are providing victims with new hope that spinal cord repair is on the horizon. Advocacy groups like the United Spinal Association, through their New Beginnings program, provide SCI victims with support, informative research, and valuable resources on a variety of topics:

The United Spinal Association also has important resources for caregivers. Its ongoing goal is to help people with SCIs, their loved ones, and their caregivers to better prepare for and cope with the myriad of challenges associated with catastrophic injuries. By providing these important resources, the United Spinal Association provides valuable resources while enabling and encouraging SCI victims to focus on their path to recovery.

Furthermore, the Hartman Law Firm legal team will go beyond the basics and will endeavor to ensure that your case is airtight. This includes running interference with your health insurance provider and so much more. Frank Hartman will work hard for your case in the following ways:

What is the Process for a Spinal Injury Lawsuit?

If you’ve suffered an injury to your spinal cord injury, you know how traumatic that is. If your injury was caused by someone else’s negligence, you’re likely to be entitled to legal compensation.

However, as a victim of an SCI, you face uniquely complex challenges. As a result, you’re unlikely to retain the keen, complex, and nuanced decision-making capabilities that you will need in the days and months ahead.

To make matters worse, your health insurance provider may be pushing for a quick settlement that is probably not in your best interest and that probably doesn’t begin to take into consideration the full extent of your injury, how your injury will develop, and your necessary and ongoing expenses.

To settle your claim in a way that preserves your rights, you need an experienced legal expert. Insurance companies are in the business of paying out as little as they can get away with.

Secure your rights by retaining a reputable law firm that will provide you with the fully loaded legal defense that your case deserves. Your legal representation should have the resources to fully investigate and ascertain the detailed circumstances of your SCI, to determine how best to deal with your insurance provider, and to adequately demonstrate the full value of your SCI claim.

Dog and Animal Bite Injuries

On January 20, 2021, the worst had happened to one 6-year-old boy. Cameron Hatfield was a young boy with a family doing good for the animals in their community. His mother rescued dogs from the community and rehomed them, reducing the unwanted dog population, and helping to improve the community.

Little did Cameron's mother know, one rescue would cost her more than she could imagine. According to an article at dogbites.com, the Hampton County Sherrif's Office arrived on scene to find the boy deceased. This is only one of many such tragedies.

Animal and Dog Bites Injure People Every Year in South Carolina

Several studies in the United States show that dog bites and fatal dog maulings are rare, overall. Even so, when a dog or other animal is provoked or aggressive, they're often inclined to act out. Whether this behavior is an attack or playful, the victim of these wounds is often eligible for compensation.

Animal attack incidents can cause serious injuries, including fractures, lacerations, permanent scarring, and nerve damage. A person can fall can fall from a large animal simply jumping on them playfully. These sorts of falls can cause broken bones, joint damage, and head injuries from impact with the ground.

Compensation for Animal-Related Injuries

Victims of attacks by domestic pets, including dogs, cats, and other animals, may be able to recover compensation for their injuries. When an injury is sustained and the victim needs medical care as a result, the costs for care and physical and mental trauma can add up quickly.

Leash laws make it illegal to allow a dog to move about without restraint. When a negligent animal owner lets their pet off-leash and that animal attacks and injures someone, it's the responsibility of the owner.

Does the size of the bite matter?

No. An injury is an injury. However, the settlement could be effected according to the amount of treatment you needed and/or any permanent scarring that may have occured.

Does it matter what type of animal it was?

No. An animal attack is still an injury.

Does the animal have to have a history of being aggressive to win compensation?

Not necessarily. However, if there has been documentation that the animal has been known to be aggressive, the higher the likelihood of financial recovery.

Do all animals that bite have to be put to sleep?

No. It is something that the courts and/or animal control officers will assess.

My friend's daughter was harassing my cat and the cat scratched her. Can she sue me?

One of the few defenses to an animal bite is if you were antagonizing them. Don’t. Besides, cats are really sweet and deserve better.

Is someone still at-fault if a dog accidentally gets out of the house and bites someone?

Yes.

There is no such thing as an "accidental dog bite" in the State of South Carolina. It's a strict liability standard and there is no “one free bite” rule. The dog owner is liable for the costs of an injury if their animal hurts someone.

Common Factors Effecting Liability of the Animal Owner

1. Was the Animal Provoked?

If an animal is being treated poorly, or harrassed in a way that would cause a viable reason for attack, the owner may not be liable for damages. For example, the person who was attacked would not be eligible for compensation if they are "baiting" a dog that's behind a fence or on a dog chain and the animal gets free. By aggrivating the animal, they would be the party responsible for their injuries.

2. Property Rights and Trespassing

Guard dogs on a property are trained to prevent trespassers from entering the property. They are there to protect the owner's property.

If someone deliberately violates trespassing laws, they're probaly not going to be eligible for financial compensation for their injuries. In fact, they may even be prosecuted for trespassing and any damage done on the property.

3. Animal Negligence

Any animal that's not properly cared for can become ferral and dangerous. It's not a matter of the animal being aggressive my nature, but improper socializing, training an animal to be aggressive, or an animal that's poorly cared for. In these cases, the owner could be liable for failing to care for the animal.

Another case would be failure to follow leash laws. South Carolina has strict leash laws, and for good reason. Many injuries from dog attacks are the result of an animal that isn't properly leashed and under full control by the owner.

An animal off leash is the owner's responsibility and any damages that occur as a result of a free-roaming dog.

Wrongful Death

People place their trust in the hands of the doctors and staff that care for them when they are at their weakest. Sometimes doctors and their staff do not meet guidelines put in place to protect patients from mistakes. Mistakes can occur in diagnosis, anesthesia, or providing the correct dosage of medication. Every year, thousands of patients across the country suffer wrongful deaths.

Proving a malpractice wrongful death claim is hard and expensive to prove. It requires skill, effort and resources. But deserving victims can obtain relief. The Hartman Law Firm, LLC has experience in pursuing medical malpractice wrongful death cases across South Carolina.

If your loved one has died because of medical malpractice, you have the legal right to hold the doctor accountable.

What Misdiagnose can lead to Wrongful Death?

One of the primary reasons that you go to the doctor or the emergency department is because you have noticed symptoms and you would like a diagnosis. Doctors should perform the necessary diagnostic tests based on your symptoms and should be able to correctly diagnose any conditions or illnesses you may have so you can receive any treatment you need. When a doctor fails to correctly diagnose certain conditions, it can have life-threatening consequences.

Some types of misdiagnoses that can have fatal consequences include the following:

Cancer

An early diagnosis of cancer is critical, as the more a diagnosis is delayed, the more invasive the treatment may be or the cancer may become untreatable and terminal. If a doctor fails to recognize the symptoms of a possible cancer and misdiagnoses a patient with another condition, the cancer can go untreated until it is too late and can cause wrongful death. For example, ovarian cancer can often be misdiagnosed as celiac disease, irritable bowel syndrome, or other digestive disorders.

Heart attack

A heart attack is often a sign of serious cardiovascular issues that may require surgery or other immediate treatments to prevent further cardiac events. Heart attacks are often misdiagnosed as acid reflux or similar conditions, especially if the patient does not have obvious cardiac risks. However, even younger people who seem to be in relatively good health may suffer from cardiac conditions, so it is important for doctors to properly test for heart attacks to prevent a subsequent attack that may be fatal.

Pulmonary embolism

A pulmonary embolism occurs when a blood clots travels in the bloodstream and enters a lung. Because a pulmonary embolism can cause respiratory and circulatory difficulties, some patients are misdiagnosed with anxiety attacks when they report higher heart rates and shortness of breath. Because a pulmonary embolism can be life-threatening, a misdiagnosis can be fatal.

Stroke

Too often, patients who have had a stroke are told that they are having migraines. Migraines can have sensory symptoms – such as tingling in the limbs – and visual aura that can be similar to the after-effects of a minor stroke. Without taking steps to control blood pressure or other aspects of your health following a stroke, the chances of a more serious stroke and possible aneurysm are much higher

The Importance of Legal Representation in a Wrongful Death Suit

Proving that someone was responsible for the death of another is often very difficult. It takes knowledge of the legal system, and an understanding of the evidence required to be successful.

The litigation process can be difficult, but it’s important that you stay the course. An experienced Charleston, South Carolina legal firm with extensive wrongful death expertise can help guide your case toward a satisfactory conclusion.

Losing someone you love is painful. Unfortunately, people are killed every day because of someone else’s failure to pay attention.

When negligence takes the life of someone you care about, you need someone to defend that person’s rights. You deserve fair compensation for your pain and suffering.

The Hartman Law Firm Understands Wrongful Death Claims

People place their trust in the hands of the doctors and staff that care for them when they are at their weakest. Sometimes doctors and their staff do not meet guidelines put in place to protect patients from mistakes. Mistakes can occur in diagnosis, anesthesia, or providing the correct dosage of medication. Every year, thousands of patients across the country suffer wrongful deaths.

Proving a malpractice wrongful death claim is hard and expensive to prove. It requires skill, effort and resources. But deserving victims can obtain relief. Hartman Law Firm, LLC has experience in pursuing medical malpractice wrongful death cases across South Carolina.

If your loved one has died because of medical malpractice, you have the legal right to hold the doctor accountable.

Who Can Recover in a South Carolina Wrongful Death Claim?

Survivors of wrongful death victims can pursue economic and non-economic losses. These money damages include loss of financial support, love, care, comfort, supervision, guidance, household assistance and general society. Survivors may also be compensated for their own personal grief and suffering.

The lawsuit is brought in the name of the personal representative of the victim’s estate.

The victim’s eligible next of kin may include:

Wrongful death claims cover “pecuniary injuries.” These damages cover loss of companionship, mental anguish and potential financial contributions of the deceased.

Surviving children may recover damages for the loss of instruction, moral training and education they would have received had their parent lived.

In South Carolina, it is also possible to recover for the wrongful death of an unborn child if the fetus was viable at the time of the negligent act. The presumption of the parents’ loss and injury extends to a stillborn child.

In addition, South Carolina law allows next of kin to recover damages for the pain and suffering of their loved one from the time of injury until the time of death. In cases where death is instant, or when the decedent is rendered immediately unconscious or comatose, damages can’t be recovered.

How do You Prove a Wrongful Death Claim?

In all wrongful death cases, negligence must be proven. Hartman Law Firm, L.L.C. knows how to help clients prove the four critical components of negligence that must exist in their claim:

The amount of damages awarded will depend on the plaintiff’s relationship to the deceased.

Every state has its own “statute of limitations.” This is the maximum allowable time in which a wrongful death lawsuit can be filed against a medical professional or hospital. After this time, a claim may be denied. It is for this reason that you should involve our law firm early in the process so we can protect your rights.

Defective Product

Because just about anything can be defective and can cause damage of some kind, defective product liability claims come in nearly limitless forms. Most cases, however, fall into one of three broad categories:

Understanding each category and how it might relate to your case is instrumental to bringing a successful defective product liability case. For any claim to stick, however, it’s also imperative that you prove that the product’s defect caused your injury – it’s not enough to simply prove that the product is defective or that you were injured while using the product.

Defective Manufacturing

The most straightforward kind of defective product liability claim involves an injury-causing product that was manufactured defectively. Such a product is rendered defective via a flaw in its production, which usually occurs at the fabricating factory. The product is defective in a way that makes it unique from the rest of the products created in its likeness that hit the shelves. Defects that result from manufacture can be practically limitless in their variety and can range from tainted medications to the substandard production of an integral car part – and much, much more.

Things can get tricky when you must prove that the product’s manufacture defect caused your injury. If, for example, your car was equipped with defective brake pads, and you went out for a joy ride of a Sunday afternoon, misjudged a curve, hit the ditch, and were injured, you would have to be able to show that it was the faulty pads and not your faulty driving that caused the accident and thus your injury.

Defective Design

If a product’s design is defective, the product itself is inherently defective. Such defects, unlike manufacture defects, are not the result of an error in manufacture but arise out of the product’s original design. Thus, the entire line of products is defective and possibly dangerous. This is true even though the products were probably created in exact accordance with proper manufacturing. Again, such defects can be practically limitless, including cars that have a built-in tendency to overheat, sun protection that fails to protect, and toys that are made from toxic materials.

Bringing such a case is similarly tricky, because – again – you must be able to prove that the design flaw caused your injury. If, for example, you are injured while slamming into another car that you’ve been tailgating, you won’t have a viable claim unless you can show proof that your car was overheating at the time and that your accident was somehow caused by that overheating.

Inadequate Warning

When a manufacturer fails to adequately warn or instruct you regarding a product, a failure to warn claim can come into effect. Such cases usually involve products that, if not used properly, can be dangerous or products that are dangerous in some way that isn’t obvious to users or that necessitate the exercise of caution with their use. This kind of defect can play out in several different ways, including a medication that isn’t labeled as contraindicated for use with other common medications, a cleaning agent that doesn’t come with adequate safe-handling instructions, or an electric skillet that doesn’t provide enough warning regarding how hot its handles become during the cooking process.

As with the other types of defects, you’d have to prove that this lack of instruction or warning caused your injury. If, for instance, you badly burn yourself while operating your electric skillet, you’d need to prove that the burn was directly caused by the skillet’s hot handles that you weren’t adequately warned about.

Understanding Defective Product Liability

A good way to better understand the three categories of defective products is to look at one product through the lens of each defect. Since medications are commonly cited in defective product liability claims, we’ll look at an over-the-counter pain medication, PainFree.

If you take PainFree for your headache and you’re injured because your bottle of PainFree is defective and includes a toxin that other bottles of PainFree don’t, you have a manufacturing defect claim.

If, instead, you take PainFree for your headache and you’re injured by the original product that was manufactured correctly, you have a product design claim.

Finally, if you take PainFree for your headache and you’re injured because you took it in combination with ibuprofen, which is contraindicated but is not identified as such on the label, you have a failure to warn claim.

Understanding how each category serves a specific purpose can go a long way toward helping you understand your defective product liability claim.

Your Defective Product Liability Case

Defective liability cases can be extremely complicated, and each case must prove not only that the product was defective in a specific way but also that that specific defect caused you harm. There’s often a lot involved, and large manufacturers aren’t in the business of taking such claims lightly. In fact, many have legal teams in place to effectively quash pesky defective product liability claims. If you’ve been injured by a defective product that you purchased in good faith, fight for your right to compensation. Obtain skilled legal representation with significant experience prosecuting defective product liability claims. The Hartman Law Firm, LLC. has decades of experience handling cases like yours, and we’re here to help guide your case toward its most satisfactory outcome. We care about you and your defective product liability case, and we can help – please give us a call.

Frank Hartman Understand Defective Product Liability Cases

Everything from batteries to airplanes have been discovered to have something that went wrong in the manufacturing process. While every company strives to create a product that is the best on the market, sometimes there are errors.

Every product has some type of government agency that double checks the work of a manufacturing company. These are the people who often find the defects as they track the performance of the product. If they feel it is a danger they will ensure it is pulled off the market for purchase and encourage owners to bring it in to be fixed or to be replaced.

If you believe your injury or illness was caused by a product that was manufactured wrong, you need to talk to an attorney who will work to see if there are other people having the same problems you are. That may be a large factor in getting what you deserve after the mistakes the company caused you.Frank Hartman is the attorney you need to put to work for you. His dedication to the answers is exactly what you need.

Defective Car Parts

If you have been injured or suffered other kinds of damages because of a defective car, truck, SUV, motorcycle, ATV, or other motor vehicle part, you may have a product liability claim.

Common Product Liability Claims for Motor Vehicles

Claims may be based on defects in:

Types of Product Liability Claims

There are typically two types of product liability claims involving motor vehicles:

Defectively manufactured vehicles or vehicle parts. This type of claim involves vehicles or vehicle parts that have been improperly manufactured in some way. This may be the result of an error at the manufacturing facility where the vehicle or part was made, or a problem that occurs during shipping or at the dealership or supply.

Vehicles with an unreasonably dangerous design. This category of claims involves vehicles or parts that, although properly manufactured, have an unreasonably dangerous design that results in injury or other damages. Sometimes these cases involve vehicles or parts that have been on the market for some time before it is discovered that they are dangerous.

Product liability actions are often quite complex, and establishing legal fault often requires the assistance and testimony of experts. Additionally, every state has its own laws and specific statutes that will affect a product liability action. Accordingly, it is important to consult an experienced attorney if you or a loved one suffers injury caused by a potentially defective product.

Car Accidents and Injuries

Anytime you’re involved in a car accident – even a fender bender – you’re naturally upset. If you’re injured, the stress and expense are compounded. If your accident was caused by a defective car part or an unreasonably dangerous car design, things become even more troubling. When you get behind the wheel of your car, you take your driving responsibilities very seriously, and you expect the car manufacturer (or car part manufacturer) of the vehicle that you’ve purchased to take at least as much responsibility. Unfortunately, this isn’t always the case.

The Motor Vehicle Chain of Distribution

Every car goes through an elaborate process that includes many different independent agents before hitting the showroom floor. If you’ve been injured in an accident that was caused by a defective motor vehicle or motor vehicle part, it’s important that you understand the chain of distribution – the path taken from manufacture to purchase – that your faulty car or car part processed through on its way to your driveway. This information can help you discern exactly where liability for your claim rightfully lies. Some claims include every participant that was involved in the vehicle’s chain of distribution. There are several participants on any car’s chain of distribution, and each category can offer more than just one defendant:

Car Manufacturer

Your car’s manufacturer is almost certainly a large corporation that has the means to adequately compensate you for the injury you’ve incurred at their hand, but they also have the means to retain an expensive legal team to doggedly defend themselves (they may even have a cracker jack in-house team that does nothing but dissuade would-be litigants like you).

Parts Manufacturer

If your case includes a defective car part – the tires or the battery, for instance – the parts manufacturer (if separate from the car manufacturer) should be included in your claim. This is true unless you bought the parts separately, such as when you purchase new tires or replace a dead battery, in which case the car manufacturer would not be included in the chain of distribution and probably won’t share liability.

Car Dealership or Parts Supply Shop

Whoever sold you the defective vehicle or the defective car part may be found liable for your damages.

Middleman or Shipper

Any company in the chain of distribution might be found responsible (or sharing in responsibility) for the damages that you suffer from a defective car or car part, and this includes the shipper or other such middleman.

Used-Car Dealership

Even if you purchased your car used, in some cases, the dealer whom you purchased it from may be found liable. This is an area of the law that is evolving, so it’s important to take a careful look if your claim involves a used-car dealership.

What if the Defective Car is Not Yours?

If a defective car caused you damage or injury but the car doesn’t belong to you, your product liability case may remain viable. If, for example, you were driving a defective vehicle that you’d borrowed or if you were injured by another driver who was driving a defective automobile, your claim could still be valid and it should include every element of the chain of distribution that effectively applies.

Product Liability or Traffic Accident?

Claims can become confusing, and there’s naturally a lot at stake if you’ve been injured in an accident. But is it a product liability claim or is it a traffic accident claim? The two are not mutually exclusive and every element of your accident should be carefully explored before deciding how to proceed with your claim or claims. If you’ve been injured in a traffic accident in which either you or another driver was operating a defective motor vehicle, you may have both a product liability claim against the car manufacturer (and/or other elements in the chain of distribution) and a negligent driving claim against the other driver (if that driver can be shown to have contributed to the accident).

Legal Theories of Liability

There are several legal theories of liability that are commonly used in defective motor vehicle claims:

Breach of express warranties refers to the liability that arises when the defective car or car part came with a written warranty or guarantee, which means that the defect could amount to a violation or breach of that guarantee.

Breach of implied warranties refers to the liability that arises when the state’s imposed minimum standards for cars or car parts are invoked (regardless of whether there is an express warranty), which means that the defect could be in breach of this implied warranty.

Strict products liabilities refer to the liability that arises when a state has adopted strict product liability laws (like South Carolina has), which means that the plaintiff is relieved of the burden of having to prove that the manufacturer or supplier of the defective car or car part wasn’t sufficiently cautious in its actions. This is especially advantageous when bringing a defective motor vehicle claim.

Your Defective Car or Car Part Case

Bringing a successful defective motor vehicle or motor vehicle part case can be extremely complex and highly technical. In the end, you must be able to prove not only that your vehicle or part was defective but also that the defect caused your damages. It’s probably not something you should take on yourself. The representatives on the chain of distribution are sure to bring their best legal game, and your case is too important to leave to chance or to the discretion of those who share liability for your damages. You’ve suffered an injury due to someone else’s negligence, and you deserve to be compensated accordingly.

Getting Help

If you or someone you know has been involved in an auto crash and you suspect a defective car part may have been the cause, you may be entitled to recover damages for any injuries that resulted. Determining your legal rights can be complicated, and it may be unclear who to bring a claim against, and to what sort of damages you are entitled.  For these reasons and more it is critical to consult with an experienced attorney.

The Hartman Law Firm, LLC has decades of experience helping people like you exact their rightful compensation. We care about you and your defective product liability case, and we’re here to help – please give us a call at (843) 300-7600.

Worker's Compensation

Every 7 Seconds, a worker is injured on the job.

National Safety Council

A work related injury can cause missed worked, medical bills, and pain and suffering. No matter what your line of work, safety should be your first concern. But when safety measures fail, your rights as an employee must be protected.

I was Injured at Work. Now What?

South Carolina law requires any company with more than four employees to carry worker’s compensation insurance. If you get hurt, you must report your injury within 90 days. Then, you have two years to file a worker’s compensation claim.

Worker’s Compensation is a no-fault system. This means it doesn’t matter if you or your employer was at fault for the injury. If your employer doesn’t file the claim, you can do it yourself by completing the appropriate documentation. Furthermore, if your employer denies your injury benefit, you have the right to file a claim.

Once you’ve been awarded worker’s compensation, there’s a seven day waiting period before benefits take effect. And, before you can return to work, you will need a doctor’s permission to do so.

If you feel your doctor’s decision to return to work, or to continue to miss work, is in error, you have the right to request a hearing. Then, it takes sixty days for the hearing to take place.

In the meantime, if you’re released to light duty you need to take the position offered or you may risk losing all benefits. If you have a non-surgical scar or impairment that can be seen from more than four feet away you can request an informal committee review.‍

Education has been shown to be the best solution to decreasing injuries on the job. It’s every employees responsibility to foster safe working conditions and implement safer work practices.

If you suffered an accident due to unsafe working conditions, consults with our skilled workers’ compensation law firm in Charleston today. You may be eligible for more compensation that an insurance company offers.

South Carolina law requires any company who has more than four employees to carry worker’s compensation insurance. Also, Worker’s Compensation is a no-fault system, meaning it does not matter if you or your employer was at fault for the injury. You must report any injury that occurs on the job within 90 days of the accident. You then have a period of two years in which to file a claim.

If your employer does not file the claim, you can do so yourself by completing the appropriate documentation. Also, if your employer denies your benefits from the injury you received on the job you may file a claim.

There is a seven day waiting period before any worker’s compensation benefits will take effect. If you are out of work for 14 days then you will receive compensation for the first seven days that you were off the job. You will need a doctor’s permission to return to work. If you feel the doctor is in error, even if he has only cleared you for light duty, you have the right to request a hearing which will be heard in sixty days.

If you are released to light duty you must take the position offered or you may risk losing all benefits. If you have a non-surgical scar or impairment that can be seen from more than four feet away you can request an informal committee review. If you travel more than ten miles round trip to see the doctor the insurance company has assigned to your case you may be entitled to travel expenses at the same rate a state employee earns when he/she travels. If you do not agree with the insurance company doctor you may ask for a second opinion using the proper documentation.

When dealing with worker’s compensation there are many deadlines and there are many specific rules that must be met in order for your case to properly be presented to the members of a hearing panel. A hearing is the way to resolve problems between you and your employer’s representative. Because their representative will be very knowledgeable about workers compensation you need someone on your side who is also familiar with the law. If you or someone you love has been injured at work in Charleston, South Carolina call the Hartman Law Firm. We are on your side and want to help.

Contact the Hartman Law Firm now for your free 20-minute consultation

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