Archive for June, 2019

South Carolina Attorneys Help Victims Injured in a Truck Accident

Motor vehicles are a commonplace essential of modern life, but they come with inherent risk. In South Carolina alone, there’s a traffic collision every 3.7 minutes on average — and many of these result in property damage, injuries or fatalities. The worst are frequently with tractor trailers, for these are some of the largest vehicles on the state’s roadways.

If you’ve been injured in a collision involving one or more tractor trailers, you’re going to need a truck accident attorney on your side. Contact Ryan Montgomery Attorney at Law, LLC to speak with someone who can help.

An Attorney Who Knows Truck Accident Law

While there are many lawyers who are broadly familiar with auto accidents, you don’t want to settle for a general personal injury attorney if you’ve been injured by a semi or similarly big rig. You need the expertise of a truck accident attorney who specializes in these types of cases.

A truck accident attorney will be familiar with the general laws that any personal injury attorney should know. They’ll also be experts on laws related to major truck accidents, including all applicable federal trucking industry regulations. For example, trucking companies and drivers are generally required to:

If any of these are relevant to your situation, a specialized attorney will know how to best apply them to further your case against any responsible party.

An Attorney Who Knows Truck Accident Causes

Additionally, a truck accident attorney will also be familiar with both the most common and the most dangerous causes of these accidents. Some factors that can lead to accidents and your attorney might explore include:

After evaluating the specifics of your claim, the attorney will have a recommendation on how to proceed. This recommendation will be based on their in-depth knowledge, and it can prove invaluable when you’re seeking fair compensation for the medical costs, pain and suffering, and other losses sustained during your accident.

Contact a Truck Accident Attorney

If you’ve been injured in a truck accident, don’t just turn to any lawyer. Get in touch with a truck accident attorney who has the expertise necessary to truly help you.

Everything You Need to Know About Filing a Workers’ Comp Claim in SC

Filing a workers’ compensation claim in the State of South Carolina involves many steps. With the help of worker’s comp attorney in Greenville, you can properly secure compensation for your workplace injuries. While this may seem like a simple process, a workers’ compensation claim can get complex. This is why it’s important to immediately hire a worker’s comp attorney to represent you who understands the deadlines you must meet so that your worker’s compensation claim is not barred.

Filing for Worker’s Compensation

First, you are required by law to report your injuries to your employers within 90 days of your workplace accident. It is best to give this notice as soon as possible, so you have the necessary time to complete all of the required steps. There are a few exceptions to the 90-day rule such as if your employer already knew of the accident, if you were the victim of fraud or you were physically/mentally incapable of reporting your injuries.

Your employer must then file your claim with the South Carolina Worker’s Compensation Commission. If they fail to do so, you may file your own claim with the help of our worker’s comp attorney, Ryan Montgomery. This can be achieved by completing the S.C. Worker’s Compensation Commission Form 50 where you will detail the date and description of your accident and your injuries. In the event of a death, a family member must file a Form 52 with the help of our wrongful death lawyer.

Deadlines for Filing for Worker’s Compensation

In the State of South Carolina, you have a limited time from the date of the accident (or in severe cases, death) to file for worker’s compensation. Some workplace injuries take a long time to develop so they may have a different statute of limitations. Our worker’s comp attorneys can provide you with more details during a free consultation discussing your workplace accident and injuries. Most of the time, with these injuries, the two year time limit starts when the illness was discovered or diagnosed.

Request a Hearing

In the event that your employer contests your claim for benefits, you have the right to ask for a hearing before the Worker’s Compensation Commission in South Carolina. There, a commissioner will determine the outcome of your case and whether or not you will receive worker’s compensation benefits. If you are not satisfied with the results of this hearing, an appeal can be filed with the help of a worker’s comp attorney in Greenville, SC. To learn more about our legal services and to schedule a free consultation, call our South Carolina law office today at 864-362-2154.

Seeking Help from a Personal Injury Attorney

When you are hurt in an accident in South Carolina and someone else is at fault, it’s important to know your rights. Whether you were injured in a car accident, or you were hurt on the job, seeking help from a personal injury attorney can help clarify what your options are. If your injuries are severe, you are going to need to protect your financial future. The only way to have what you need when you are no longer able to work is to file a personal injury claim and fight for the compensation that you deserve.

Determining Fault of the Accident

In South Carolina, when two cars get into an accident, the driver who is determined to be at fault for the accident is responsible for all damages to property and people involved. While two people can share fault in an accident, if you are less than 50% at fault, you are able to file a personal injury claim for damages against the negligent party.

Negotiating With an Insurance Company

You can try to work with the insurance company of the at fault person, though it is best to have an advocate looking out for your best interests. If you are struggling with a negotiation and are not happy with the settlement offer, it’s time to talk to an attorney that can help. An attorney will have a better idea of what your case is worth, and will be a strong advocate for you against the insurance company. If the settlement offer is still low, your attorney can file a claim to take your case to trial instead.

Preparing for Trial

Your attorney will work with you every step of the way in your personal injury case. You will need to continue all prescribed treatment and take careful notes regarding all of your injuries, how you are feeling, and the treatment you have gone to so far. If possible, you should take pictures of your injuries, review the accident report for mistakes, and talk to any witnesses involved. As your case moves forward, you will need to have proof as to the extent of your injuries so that your final award can be calculated.

Seeking help from a personal injury attorney starts with an initial consultation. Together you will discuss the merits of your case, and the attorney will determine if you have a viable case to file. When you believe that you have injuries that are worth getting compensation for, it’s important to get the legal representation that you deserve.

What Does an Elder Law Attorney Do?

The hardest decisions most people ever have to make concerns the care of elderly loved ones when the time comes where it’s no longer safe for them to live alone. A few people are able to take their loved ones into their own home, but most find that nursing homes offer a more realistic solution. Although most nursing home staff work hard and do a good job taking care of the residents, tragic incidents due to neglect occasionally occur.

If you have reason to believe that a loved one has been the victim of neglect while in residence at a nursing home, contact a wrongful death attorney for guidance on how to proceed with litigation.

South Carolina Supreme Court Ruling

Wrongful death suits can be tricky, and many people who believe they don’t have a case are actually wrong about that. For instance, in a recent case in South Carolina, a nursing home was ordered by the courts to litigate a wrongful death lawsuit filed against them even though a relative of the deceased signed an arbitration agreement. It was ruled by the South Carolina Court of Appeals that the party who signed the arbitration agreement didn’t have the legal power to do so. In this particular case, a niece had signed the admission papers for her uncle even though he was completely competent to do so himself — and the niece’s power of attorney designation did not grant her the authority to sign an arbitration agreement on his behalf unless and until he was deemed mentally incompetent.

The uncle passed away two weeks after entering the facility, and when the niece filed a wrongful death lawsuit, the nursing home attempted to enforce the arbitration clause in the initial admissions contract. However, the appeals court ruled that the niece wasn’t bound by the arbitration agreement.

Nursing Home Negligence and Federal Regulations

Nursing homes that accept Medicare payments are bound by law to follow specific federal regulations. For instance, the facility must take reasonable care to ensure that the property is as free as possible of hazardous conditions that can potentially result in accidents and that residents receive assistance and supervision at levels designed to keep them safe from accidents. For instance, when injuries occur as a result of falls, the facility may be liable if they failed to provide the resident with adequate supervision or if conditions on the property led to the fall.

Lawsuits involving nursing homes can be complex, so the best course of action is to contact an attorney with extensive experience in this type of litigation. Please feel free to contact us for more information.

Husband of Woman Killed by Alligator Sues Resort

Last summer, a NY woman who owned a vacation home in the popular resort town of Hilton Head Island, SC, was killed by an alligator while walking her dog near a lagoon in the Sea Pines oceanfront community. Unfortunately, the victim Cassandra Cline, was dragged into the lagoon by the alligator as she tried to save her pet from the animal and died in the process.

Now, her husband, James Cline, has hired a wrongful death attorney and filed a lawsuit against the Sea Pines Resort where it occurred. Mr. Cline claims that the Sea Pines Resort was grossly negligent, and his lawsuit alleges that the Resort was aware of the existing problems with alligators and therefore had an inherent duty to keep the public safe.

Was it an Accident or Negligence? Ask Our Greenville, SC Wrongful Death Attorney

Accidents do happen that kill people and that’s unfortunate, but sometimes another person’s negligence is to blame for a death. When this type of devastating incident occurs, it is normal to be shocked, confused, and without a clue at all about how to react.

While no amount of money can make up for the loss of a loved one, hiring a wrongful death attorney and filing a claim can give you the answers you deserve and provide the compensation needed to help cover funeral costs, lost income, and other expenses due to this tragedy.

The experienced legal team at Ryan Montgomery Attorney at Law can advise you of your rights when your loved one has died as a result of a wrongful death incident according to South Carolina personal injury law.

Our wrongful death attorney in South Carolina is here to assist you at this difficult time and help you pursue damages due to death or injury caused by a negligent party and file a personal injury claim on behalf of the victim’s family. Talking this type of legal action will allow you to be fairly compensated for your losses.

Was Your Loved One the Victim of a Wrongful Death Incident? Our Greenville, SC Attorney Can Help

The legal team at Ryan Montgomery Attorney at Law in Greenville, SC brings almost 60 years of combined experience and a true dedication and commitment to their clients. If your loved one was a victim of an unfortunate wrongful death incident, please contact us today to schedule a free consultation at (864) 373-7333 or connect with us online here.

Daycare Negligence Lawyer in South Carolina

Many modern parents have little choice but to work outside the home in order to meet the financial obligations involved in raising a family. This generally means that daycare is part of the picture at some point. Even though the great majority of daycare facilities strive to provide safe and healthy environments for the children in their charge, there’s still a small risk involved. For instance, a daycare worker in Greer, SC, was recently accused of shoving a child’s head into the ground. The child’s parents filed a lawsuit against the center on April 25 in Greenville County.

The incident leading to the lawsuit occurred at a daycare center located on Brushy Creek Road in Greer. Classy Kids Day Care, its owners, Kyle and Deanna Rogers, and the employee who allegedly committed the offense, Belinda Owusu, are listed as defendants in the lawsuit. Law enforcement in Greer arrested Owusu after a 4-year-old child told his mother that she had slammed his head into the ground at the daycare when his mother questioned him concerning a red mark on his head that was swollen and beginning to bruise. Officers also questioned the child, who told them the same thing he had previously told his mother. Owusu, age 27, was charged with cruelty to children on Feb. 28.

The plaintiffs have made a request for a jury trial. The following four causes of action were listed in the lawsuit:

Because criminal charges were filed against the daycare worker in this case, the plaintiffs will likely prevail in court. However, not all daycare injuries are as cut and dried, which is why you should seek the services of an experienced daycare injury attorney if you suspect that your child has been injured or otherwise harmed in a daycare environment.

Signs of Daycare Negligence

Not all signs of daycare negligence are as obvious as visual indications such as cuts, bruises, bumps, and red marks. For instance, your daycare may be negligent if your child is constantly hungry and/or thirsty when you pick him up — this could mean that the facility isn’t providing adequate nourishment. Another possible warning sign is that your child becomes withdrawn, fearful or angry. Other red flags include potentially dangerous conditions in the home or center such as open fireplaces or woods stoves without adequate barriers, cleaning supplies left within reach of the children, and not enough adults for the amount of children at the facility.

Please call our office today to speak with an experienced daycare injury attorney if you have any questions or concerns.