Archive for May, 2019

Greenville Coach Punched Disabled Student and Broke His Nose

When you send your child to school, it is with the expectation that your child is kept safe throughout the day. If they are injured because of the willful wrongdoing or negligence of an individual responsible for their care, you have the right to file a personal injury lawsuit on their behalf.

Consider the case of a 15 year old autistic student in Greenville County, South Carolina. He punched Jamieson, a physical education teacher and coach at the school, without warning as he entered the school. The teacher responded erratically, “crushing bones in his face, causing great loss of blood, caused immediate physical and mental shock and resulted in uncontrollable, excessively erratic behavior thereby losing the progress he made in school and with his self control,” the lawsuit says.

The student didn’t know why he punched Jamieson in the first place, and he was difficult to console in the nurse’s office. The boy had blood on his clothes, face and was visibly upset.

Instead of following protocol, the teacher and coach acted impulsively, punching the student in the face instead of following the rules. While he may have been startled, the reaction is the center of the case.

When a student has suffered injuries, has been in pain and suffered at the hands of a teacher in a school, there are problems. The student has the legal right to sue in a personal injury lawsuit for pain and suffering based on the injuries. Teachers are expected to follow rules, and when one acts outside of the rules and takes matters into their own hands, problems arise.

Injuries can be sustained in school that are not considered negligent or intentional. If the teacher had acted accordingly and got the child to safety after the child started swinging, any injuries sustained could have been accidental. When a teacher does not follow standard procedures and a child gets hurt, this is when the potential for a personal injury lawsuit arises.

Contact Personal Injury Attorney

If your child has been injured at school and you don’t have clear picture of what happened, you have the right to have a full investigation. When you believe your child is hurt because of the negligence or poor behavior of a responsible party, you have the right to file a personal injury lawsuit. Contact Ryan Montgomery Attorney at Law at 864-373-7333 and talk directly with a personal injury attorney to discuss your case.

Columbia Toddler Killed Crossing Street With Mom by Fatigued Driver

Three-year-old Jayana Summers was crossing the street with her mother around 3:00 PM when she was struck and killed by a driver in a Dodge Avenger traveling through Duke Avenue. Jayana and her mother were hit while they were crossing the road.

After hitting Jayana and her 23-year-old mother, the driver crashed into a utility pole. The mother was brought to the local hospital and treated for serious injuries. The driver of the vehicle was detained and police were waiting for the results of a toxicology and sobriety exam. While the crash was still being investigated, the driver was at least fatigued while driving a motor vehicle.

Personal injury lawsuits after the loss of a loved one are hard to think about. While you are still recovering from your own injuries and grieving the loss of a child, a personal injury lawsuit may be the farthest thing from your mind. For families that have been affected by the loss of a child because of the negligence of a driver, the process of going through a personal injury lawsuit is almost always a necessity.

When you are grieving, you are not able to live your best life. You may find yourself struggling to get out of bed, and your job may be at risk because of poor performance. The loss you have sustained is unimaginable, and one that you may feel guilty receiving compensation for. Your loss is important, and compensation allows you to move through your grief without having to struggle with the day to day needs of every day life.

If you have lost a loved one because of an accident caused by a negligent driver, you have the right to file a personal injury lawsuit to help you move along in life. Your financial future will be more secure, and you will have what you need to take your time to heal.

When you have been hurt as well, your damages are even more significant. Ryan Montgomery, Attorney at Law, is ready to talk to you about your personal injury case to see if you have a viable case to file.

Contact Personal Injury Attorney

As a personal injury attorney in Greenville, South Carolina, attorney Montgomery works hard to get clients the compensation they deserve after sustaining an injury. To set up a free initial consultation, contact Ryan Montgomery, Attorney at law at 864-373-7333. You will be able to explain the details of your case to determine if you should seek damages from your injuries.

South Carolina Fifth-Grader Dies After Classroom Fight

Wrongful death attorneys see all types of cases. From deaths due to negligent driving, to deaths from badly managed medical care, families have the right to file a personal injury lawsuit after the death of a loved one when there was negligent or willful wrongdoing.

SC Wrongful Death Case at School

Consider the case of South Carolina fifth-grader, Raniya Wright, who collapsed after a fight in a Forest Hills Elementary School Classroom. Although she was still breathing when authorities arrived, she died two days later at the Medical University of South Carolina. While school authorities wouldn’t respond to questions, Raniya’s mother Ash Wright took to Facebook, stating that there has to be an end to school bullying.

Another student was suspended pending a further investigation. it is not clear what the injuries were and what caused the death of Raniya Wright, but collapsing in school during a fight makes it clear that something happened to this young girl while in school.

Bullying in Schools

Bullying impacts children all over, and it is a widespread problem for many schools throughout the United States. Students have the right to receive a quality education without fear of being bullied, yet schools are not meeting the needs of many young students. Ash Wright went to officials at the school a number of times to discuss the bullying of Raniya, yet the same student she complained about each time was the one suspended for the incident.

The school is responsible for keeping children safe while they are in school. For students who are bullied, going to school can feel like a daily nightmare. When your child gets hurt in school, you have the right to know what happened to cause your child’s injuries. If your child is being bullied by other students, it is important to stay in touch with the school constantly to see what the school is doing to rectify the situation. If your child has been killed while at school because of bullying, it’s time to get what you need to move forward and protect your financial future. Wrongful death attorneys can help you get the compensation you deserve.

Contact Wrongful Death Attorney

If you or a loved one have been injured in school or hurt because of the negligence of another party, it’s time to call Ryan Montgomery, Attorney at Law at 864-373-7333. Set up an initial consultation, and we will carefully go over the details of your case to see if you have a viable personal injury lawsuit to file.

What You Need to Know Before Filing a Personal Injury Lawsuit

If you live in South Carolina and have been injured by someone else’s negligence or actions, you can file a personal injury lawsuit to recover damages for your injuries. It can seem overwhelming at times, but learning more about how personal injury works here in the state and what to do when you are injured can demystify the process and ensure you get the help you need. As a personal injury lawyer in South Carolina, we handle cases like yours every week, and find that most of our clients feel better when they learn the following details about the process.

What You Need to Know Before Filing a Personal Injury Lawsuit in SC

You have a limited amount of time to file. When you have been injured, don’t delay. You only have a limited amount of time to file a lawsuit and if you are waiting for an injury to get better, you could miss your chance. You have three years to file a suit after an injury, so take prompt action if you have been injured.

You may file suit for a wide range of injuries. Car accidents, dog bites, slip and fall cases and more are filed daily in South Carolina. If you are not sure if your case qualifies, a free consultation with a personal injury lawyer in South Carolina will help define your rights and let you know what you can do next.

You could be blamed for the accident. It isn’t fair, but a common defense against a personal injury suit is to claim the person injured shares some of the blame. South Carolina has shared fault rules; this means that if you are found to be somewhat to blame for your own injuries, then you may receive less compensation. If you are found to be more than 50% to blame for your injury, you can’t collect anything at all. This does not mean you shouldn’t file a suit, just that you should be aware of this possibility.

You could be awarded damages. If you have been injured, you could receive both compensatory and punitive damages:

Any compensation received will vary depending on the circumstances and extent of injury.

Expect to see a doctor. You are probably seeing your own doctor already, but the other side may want you to see their own chosen doctor to assess your injuries.

Not all injuries go to trial. South Carolina offers Alternative Dispute Resolution options, designed to settle cases via mediation or arbitration; if you have a civil case, then mediation is required. This is designed to avoid a prolonged trial and to allow you to come to a satisfactory resolution.

The best way to know what to expect is to work with a personal injury lawyer in South Carolina. Our team is ready to assist you if you have been injured; a free consultation can help you discover what steps to take next and give you an idea of what to expect from the process. If you have been injured, don’t delay, get in touch today to discover your options.

How Does Worker’s Compensation Work in South Carolina?

The State of South Carolina has strong workers compensation laws designed to protect employees after a work-related accident or injuries. If you have been injured at work, you should understand your rights and responsibilities and what to expect from the SC Worker’s Compensation process. While you can go it alone, a worker’s comp attorney in South Carolina can help you if you have been injured and need to file for benefits. Learning more about the process will ensure you know what to do and what to expect after a workplace accident, illness or injury.

Which Employees are Covered?

If you work for a business or company, you are likely covered by Worker’s Compensation laws. There are a few exceptions; if you are a Federal employee, work for a railroad, agricultural concern or for a very small business (one with fewer than four employees), you may not be covered. If you are self-employed, an elected board officer or a volunteer, you may not be covered by worker’s compensation; all other employees are likely covered by the Worker’s Compensation Act.

Your employer is required to carry insurance or to have the ability to pay any claims that arise after an employee injury.

What is the Worker’s Compensation Process in South Carolina?

Report your injury to your employer; they will then initiate the worker’s compensation process on your behalf. If they fail to do so, you can start the process on your own. Your employer has 10 days to file with the South Carolina Worker’s Compensation Commission on your behalf; you can complete Form 50 and file on your own if they fail to do so.

Once the process is initiated, your claim will be reviewed and benefits will be awarded. If for some reason your claim is denied, or you are not awarded the proper amount, you can appeal the decision. If this happens, it is time to reach out to a workers comp attorney in South Carolina for help.

What Compensation Will I Receive?

Worker’s Compensation covers the medical treatment you need after an injury. It also covers lost wages that you miss because of the injury, so you can continue to pay your bills and function, even though you have been hurt at work. If you can’t return for more than seven days, you’ll be paid 2/3 of your usual salary; if you are out more than two weeks, you will be compensated for those first days as well.

If you are disabled after the injury or have a permanent disfigurement, you are also entitled to compensation; a workers comp attorney in South Carolina can help ensure you are treated fairly if you have permanent damage. Damages are limited to a percentage of the state’s average weekly wage at the time of the accident.

If you’ve been injured on the job and need help, our team is here for you. We understand the lasting impact an injury can have on your health and financial well-being and will work hard to ensure you are treated fairly. Contact us today to talk about your situation and to get the help you need with your claim.

The Truth About Million Dollar Injuries in South Carolina

Million Dollar Injuries

As I sit on my couch on Sunday morning and I watch the news I take notice of all of the TV commercials that profess to be able to settle cases for $1 Million dollars. So many commercials that it makes it sound like these settlements are the norm for a minor injury or fender bender. The people in the commercials look fine and unless you read the fine print that says “paid actor”  or “paid employee” you’d have no way to know those people aren’t the people that were injured.  So I started to think about some of my cases that get to that $1 Million dollar mark and how the injuries are so bad and so horrific that no one would ever want the injuries in return for any sum of money, much less dance around about them.  In the past 30 days we have settled two cases for $1 Million dollars each.  Here’s a summary of those “million dollar injuries”:

$1 Million Personal Injury Settlement

In this case our client was struck by a transportation company vehicle that backed up into her. The client was knocked to the ground and her legs run over.  She cried out in pain and upon hearing the cries, the driver put the vehicle in drive and drove back over the client’s legs. She was in the hospital for 30 days with multiple surgeries and a fear of losing her leg(s).  She was released to an assisted living facility because she could not stand on her own and once she was able to bear weight then moved to a rehabilitation facility.  Just the initial hospital bill was over $200,000.

 

I don’t see any dancing in her future.

 

 

 

 

$1 Million Tow Truck Accident Settlement

In another case, our client was hit head on by a tow truck.  She was transported to the ICU where she underwent multiple surgeries to her leg.  In fact, this client had 4 surgeries in all to include placing hardware in the leg, then removing the hardware, then a total knee replacement. Because of her injuries she can never work again and will likely have lifetime future medical needs.  In this case roughly $7,000 was paid in property damage with the remaining $993,000 in bodily injury.

 

She is not dancing from her injuries either.

 

South Carolina Personal Injury and Car Accident Case Value

Every case is different and during my initial meeting with our clients (yes I am the one that meets with the client), I walk through expectations, time frame and likely results of the case with both the good and the bad of each case.   We always do our best to tell our clients why the value of a case is the likely value. We do not use gimmicks but rather rest on our results and client reviews.

If you have been injured in a car accident or because of a job injury in the upstate of South Carolina then please call us for a free consultation to discuss your case. Please remember  all cases are different and these settlements are merely examples.

Settlements and results are posted for informational purposes only. Any future verdicts or settlements cannot necessarily be predicted from prior results. Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.

What To Do After Being Injured In A Car Accident In South Carolina

There are hundreds of auto accidents in the U.S. every day. Every time you get behind the wheel you are literally taking your life in your hands. Even if you are an excellent driver, you always have to worry about the other guy. Auto accidents are one of the top causes of injury and death in America, and the reality is whenever you’re in a moving motor vehicle, you’re at risk of injury or death. If you do have an accident, you need to know what to do to ensure your safety and to protect your rights. It’s important that you retain the services of an experienced car accident attorney in South Carolina.

Know What To Do When An Accident Happens

If you or someone you know has been injured in a car accident, it’s important to ensure that your rights to compensation are protected. Contact Ryan Montgomery for a free and confidential consultation.