Author: Richmond Cariaga

6 Most Common Personal Injury Claims in South Carolina

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According to data made available by Federal Courts, South Carolina has one of the highest per capita rates of personal injury claims in the country.  The personal injury case rate in the state is over 200 percent higher than the national average, and over a third of civil cases in South Carolina were for personal injury. These six types of personal injury cases are the most common. 

1. Car Accidents

South Carolina has one of the highest rates of fatal car accidents in the nation, so it makes sense that car accident personal injury claims are common. The high forces and speeds in car accidents can cause grievous injuries and substantial property damage. Generally, car accident claims are based on negligence, in which the injured party must show the defendant caused the accident through their careless behavior. 

2. Truck Accidents

Truck accidents are even more destructive than typical car accidents due to trucks’ oversized weight and dimensions. Trucks are much larger than typical cars and require more space to move, so accidents often occur when cars are in the path of a truck turning or changing lanes. Litigation in a truck accident case typically involves commercial entities rather than solely private individuals, so recovering compensation may be more challenging. 

3. Slip and Fall Accidents

Slip and fall injuries can fall under the wider umbrella of premises liability, which is the general legal duty property owners have to keep their properties free from hazards that could harm guests. If you slipped and fell on an icy patch in a parking lot, for example, the lot owner could be liable for your injuries as they are responsible for keeping the lot free from hazards. Slip and fall injuries can happen due to wet/icy surfaces, uneven flooring, unnecessarily steep slopes, narrow staircases, walkway obstructions, or a lack of handrails.

4. Dog Bite Injuries

Almost half of American households have at least one dog. Dogs are our trusted companions, but an untrained or aggressive dog can pose a significant hazard to others. Dogs’ powerful jaws create a tremendous amount of bite force that can tear skin and crush bone. Dog bites also tend to leave highly visible scarring and nerve dysfunction without extensive reconstructive surgery. In South Carolina, dog bite injuries are covered under a strict liability standard, meaning that bite victims don’t have to prove negligence on the owner’s part to recover compensation.

5. Medical Malpractice

Doctors and other medical professionals are legally required to provide a certain standard of care. If you sustain an injury or develop an illness due to negligent care from your provider, you may be able to recover money through a medical malpractice suit. Common examples of medical malpractice include botched surgeries, delayed diagnoses, medication errors, birthing injuries, anesthesia injuries, and neglect in in-patient facilities. 

6. Workplace Injuries

Accidents that happen in the workplace often involve a different set of steps compared to other mishaps. Many employees are covered by South Carolina’s workers’ compensation system, which pays for their medical cost, offsets a portion of lost income, and provides certain other benefits. Nearly all employers with at least four employees in South Carolina must carry a workers’ compensation plan. 

Personal Injury Representation in South Carolina

A serious injury can alter the trajectory of your life and create enormous financial pressure. If you have sustained an injury due to another’s irresponsible behavior, contact Wilcox, Buyck & Williams, P.A., today. We can file a personal injury claim against the liable parties to recover financial compensation to help rebuild your life.

Send us a message online or reach out by phone today to speak to a personal injury attorney in South Carolina.

South Carolina Dram Shop Laws

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According to the National Highway Traffic Safety Administration (NHTSA), South Carolina is tied with Rhode Island for having the highest percentage of fatal traffic accidents attributed to drunk driving. But while drunk drivers bear most of the blame for these collisions, they are not the only ones responsible for their bad behavior. Bars, restaurants, liquor stores, and other alcohol vendors that serve intoxicated or underage customers enable many drunk driving crashes. Fortunately, South Carolina’s dram shop laws let victims of drunk driving crashes find justice when alcohol vendors don’t uphold their obligations.

South Carolina’s Dram Shop Laws Summarized

South Carolina does not have a specific law making restaurants, liquor stores, or other alcohol vendors liable for a collision. However, state law says it’s illegal for any business with a permit to sell alcohol to serve anyone who’s under 21 years old or already intoxicated. South Carolina courts have used this law to permit victims of drunk driving crashes to sue vendors who broke the law by serving an underage or intoxicated customer.

One other crucial point to note is the issue of joint and several liability in South Carolina drunk driving cases. Current South Carolina law says an alcohol vendor may have to pay for all of an injured person’s losses in a drunk driving crash even if the vendor doesn’t bear most of the blame. Why does this matter? Simple: Individual car insurance policies may not cover the full extent of someone’s injuries in a drunk driving crash. On the other hand, state law says businesses with alcohol licenses must carry at least $1 million in liability insurance. That means injured drivers or passengers may have better luck recovering compensation from a vendor than the drunk driver’s insurance.

How Do You Prove a Vendor’s Liability for a South Carolina Drunk Driving Crash?

Proving a bar, restaurant, or other business broke South Carolina law by serving an intoxicated or underage customer can be difficult. Some evidence an experienced attorney can use to support your claim includes:

  • Eyewitness accounts – If anyone at the vendor saw staff serving an underage or intoxicated customer, that can be powerful evidence. Eyewitnesses can describe the customer’s appearance and behavior to show how they were visibly intoxicated. In cases involving underage drunk drivers, the simple presence of the customer at the business can be proof of liability.
  • Receipts – Receipts from a business can show how much alcohol the customer purchased and, if the business is a bar or restaurant instead of a liquor store, the timeline of their purchases. In particular, purchasing high amounts of alcohol in a short period is a strong indicator of potential intoxication.
  • Surveillance footage – Video of the customer at the business can provide an objective view of their actions and any evidence of intoxication. For example, the footage may show the customer having trouble walking or maintaining their balance.
  • Police reports – In some cases, drunk drivers provide information on where they were drinking to the officer who investigates a crash. The driver’s own words can be compelling evidence of intoxication.

Deadline to File a South Carolina Dram Shop Lawsuit

In most cases, you have three years from the date of a drunk driving crash to file a lawsuit against a negligent alcohol vendor. However, certain factors may shorten this deadline. Moreover, it’s critical to call a lawyer right away so they can investigate the incident and preserve essential evidence.

Contact Our South Carolina Dram Shop Lawyers Now

The Myrtle Beach dram shop lawyers at Willcox, Buyck & Williams, P.A. have extensive experience with these cases and can help you hold a negligent business accountable for their role in causing your injuries. Call now or complete our contact form for a free consultation.

Elder couple completing an estate plan

Why Is Estate Planning Important for Protecting My Assets and Loved Ones?

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Estate planning is essential for everyone, regardless of their family situation or financial means. Having an estate plan ensures that your wishes are carried out. However, it also protects your assets and provides for your loved ones. Our South Carolina estate planning attorneys discuss why estate planning is important in this guide.

Understanding the Basics of Estate Planning

At the heart of estate planning is financial management. It is the process of arranging for the distribution of your assets after your death by allowing you to designate beneficiaries and heirs. However, estate planning encompasses much more.

A comprehensive estate plan includes incapacitation planning, asset protection, and tax planning. An estate plan allows you to provide for loved ones with special needs without jeopardizing their government benefits. You can include charitable giving and provide for minor heirs in your estate plan.

The basic estate planning documents you should discuss with an attorney include:

  • Last Will and Testament
  • Living Will
  • Durable Power of Attorney
  • Trust Agreements
  • Health Care Power of Attorney

Your estate plan outlines your wishes. It also gives you the power to decide what happens to your property after your death or incapacitation. Ideally, your estate plan should coordinate with your retirement plan for maximum asset protection and financial management.

The Role of Estate Planning in Protecting Your Property

In addition to minimizing taxes, an estate plan can protect your property from creditors and lawsuits. When constructed correctly, an estate plan can keep your assets within your immediate family, including protecting your wealth from in-laws and ex-spouses. It can protect your assets from bankruptcy, including the bankruptcy of an heir. Using trusts and other estate planning tools can protect assets and ensure the smooth transition of property after your death.

The Role of Estate Planning in Protecting Your Loved Ones

Estate planning benefits your loved ones in numerous ways. Having an estate plan can:

Proper planning reduces the stress and costs of dealing with an estate. It also takes the decisions off your family’s shoulders so they do not need to make tough decisions about end-of-life care.

Estate Planning Reduces Family Conflicts

Your estate plan clearly explains your wishes for distributing your wealth after your death. Your loved ones do not need to guess what you want. An estate plan reduces arguments between family members. If there are disputes, legally enforceable estate planning documents can resolve them according to your wishes.

The Consequences of Failing to Have an Estate Plan

If you do not have an estate plan, the South Carolina intestate laws govern your estate. The state decides who inherits your property and their shares of your estate. You cannot protect your assets from creditors and other parties without an estate plan. Furthermore, you do not have any plan in place for incapacitation, which means your loved ones may need to petition the court for the appointment of a conservator and guardian.

Why Professional Guidance Is Essential for Estate Planning

The role of professionals in estate planning is to provide guidance and expertise. An estate planning lawyer ensures that your legal documents are drafted according to the law and are executed correctly. Your attorney also ensures that your estate documents comply with the current law and accomplish what you intend to do with an estate plan.

However, attorneys are not the only professionals who have roles in estate planning. Financial advisors and tax lawyers help you maximize and manage your assets throughout your life and retirement. They also help ensure that you distribute assets to heirs in the most financially beneficial way.

Get the Help You Need: Work With a South Carolina Estate Planning Attorney

Estate planning protects your property and loved ones if you become incapacitated after your death. Contact our South Carolina estate planning attorney to schedule a consultation to discuss your estate plan. We will help you develop an estate plan that meets all your needs.

Crosswalk in the city

What to Expect After a Pedestrian Accident

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Pedestrian accidents are increasing nationwide. The number of pedestrian traffic deaths in 2022 was the highest since 1981. The consequences of a pedestrian accident include financial, physical, and emotional damages. Learn what to expect after a pedestrian accident from our South Carolina personal injury lawyers in this blog.

The Immediate Aftermath: Responding to a Pedestrian Accident

Being struck by a car is a traumatic event. Depending on the severity of your injuries, you may need emergency medical services after a pedestrian accident. Even if you can get up and move around, it is crucial to seek prompt medical treatment. Pedestrian accidents can cause severe internal injuries that can be life-threatening if left untreated.

If your injuries permit, ask for the names and contact numbers of eyewitnesses at the accident scene. Otherwise, focus on obtaining medical attention immediately after a pedestrian accident.

Understanding the Lifecycle of Physical Recovery Post-Accident

You may want to heal within a few days or weeks from injuries sustained in a pedestrian accident. However, pedestrian accidents cause catastrophic injuries. Even low-speed accidents can cause traumatic injuries. It takes time to recover from your injuries. Rushing your recovery could jeopardize your health.

The type of injury you sustain and the severity of the injury determine the timeline for physical recovery after a pedestrian accident. Talk to your physicians and medical providers for a realistic timeline for recovery. Do not rush recovery, or you could make your injuries worse and increase the risk of a permanent impairment.

Psychological Impact: Dealing With Emotional Trauma After a Pedestrian Accident

Your emotional healing may take much longer than the physical recovery. Many pedestrian accident victims have PTSD (post-traumatic stress disorder) and other psychological injuries. You may experience depression, night terrors, severe anxiety, and other symptoms. Emotional healing may require counseling and therapy.

Financial Ramifications: Handling Medical Bills and Loss of Income

Your injuries from a pedestrian accident may result in significant financial losses. Your medical bills could total thousands of dollars. You may be out of work for weeks or months as you recover from your injuries. The result could be a financial crisis.

Talk with your lawyer about ways to handle medical bills. You may use your health insurance or MedPay if you have coverage. Medical providers may agree to accept a medical lien to postpone payment until you receive funds for a personal injury claim.

You may receive compensation for your economic and non-economic damages, but it could be months or years before a personal injury case is resolved. Waiting for a personal injury settlement may be difficult. However, rushing to settlement could mean accepting a much lower amount than your claim is worth.

Navigating the Legal Landscape: Rights and Responsibilities of a Pedestrian in an Accident

Injured pedestrians can pursue a personal injury claim against the at-fault driver for a pedestrian accident. However, they must prove that the driver caused the accident and sustained damages because of the accident. If the pedestrian was partly to blame for the cause of the accident, they could lose their right to receive damages if they are more than 51% to blame. If their level of fault is below 51 percent, they can recover damages, but the amount is reduced by their level of fault.

How to Build a Strong Personal Injury Claim

You must establish liability by proving causation and fault for the pedestrian accident. Evidence used to prove your case includes, but is not limited to:

  • Statements from individuals involved in the accident
  • Video of the accident as it occurred from traffic cameras, dash cams, and other video surveillance
  • Statements from eyewitnesses
  • Photographs of the accident scene
  • Data recovered from a vehicle’s onboard recording systems
  • Opinions from accident reconstructionists and other experts
  • Medical records
  • Physical evidence from the accident scene

A South Carolina pedestrian accident lawyer conducts an independent investigation to gather evidence. The stronger the evidence in your case, the better your chance of recovering a fair settlement for your claim.

Get the Support You Need: Seeking Help From South Carolina Personal Injury Attorneys

Were you injured in a pedestrian accident? Contact our South Carolina personal injury attorneys to schedule a consultation. Learn about your legal options and how we can help you seek the compensation you need and deserve.

Long road on the side of land

Summer Road Trips: How to Avoid Personal Injury Accidents on the Highway

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For many Americans summer means vacation. Time to gas up the car, get the swimsuits and towels ready and hit the road. You look forward to it all during those dreary winter months. What happens when your road trip turns into an accident nightmare, though? If that happens, keep in mind that a South Carolina personal injury attorney can help you get the help you need. 

Understanding the Risks of Highway Travel During Summer

When school is out and the weather is nice, many American families head out. According to AAA, 97% of families take summer vacation trips by car. The average distance we travel is 284 miles, one way, according to the Bureau of Transportation Statistics. Not even inflation or high gas prices can keep us home, now that COVID worries have subsided. 

Unfortunately, spending hours in the car increases the chances that you will get into an accident. If you’re tired and driving at night, your vision is limited to 500 feet. Driving at night, while tired, means you’re more likely to have an accident, according to the National Safety Council. 

Tips for a Safer Summer Road Trip

The best way to lower your chances of getting into a car accident this summer is to be prepared, and use common sense. Here are some tips for making sure your vacation is safe and fun:

  • Perform a vehicle checkup before departing
  • Plan your route in advance
  • Avoid traveling at peak traffic times
  • Take regular breaks to get out of the car and stretch
  • Stay hydrated and eat light, healthy snacks
  • Limit night driving
  • Use seat belts and ensure children are in appropriate safety seats
  • Avoid distractions such as using your phone while driving 
  • Observe speed limits and adjust speed according to road conditions
  • Pack an emergency kit and be prepared for emergencies

It’s also a good idea to pack a road atlas or map in the car or print out directions in case your GPS doesn’t work. Consider ditching the GPS and traveling old school! Your children would benefit from map skills.

What to Do if You’re Involved in a Highway Accident

If you get into an accident, pull your vehicle safely to the side of the road if possible, and call 911. The operator should be able to get the appropriate law enforcement officers there. Exchange insurance information with the other driver, no matter who was at fault. Take lots of photos with your phone, not just of the vehicles but of the signage. If your car isn’t driveable, ask the officer where to find the nearest motel. 

Reach Out to Our Personal Injury Attorney in Myrtle Beach & Florence

You may not be aware of the laws in the jurisdiction where your accident occurred, so it’s always a good idea to reach out to an attorney. An experienced attorney can advise you of the best course of action. In some states, even if an accident was partially your fault, you can recover. Contact Wilcox, Buyck & Williams, PA today. We will make sure your rights are protected and you get the compensation you deserve.