How to Prove a TBI if the MRI Comes Back Normal

Many types of accidents can cause traumatic brain injuries (TBIs), including falls and car crashes. The most common and well-known form of a TBI is a concussion.

TBIs can range in severity from minor to severe, and even minor TBIs can have significant, detrimental impacts to health. The problem is that although you can point to a bruise on your skin, it’s not as easy to point to a bruise on your brain.

One way that doctors attempt to diagnose TBIs is through brain scans such as CT scans and MRIs. However, just because an MRI comes back normal doesn’t mean the victim did not suffer a TBI.

If you’ve suffered negative health effects after striking your head in a slip, fall, car accident, or other accident caused by someone else, don’t let the insurance company tell you your symptoms aren’t worth compensation. Our experienced traumatic brain injury attorneys know how to prove TBIs so you can get the treatment and recovery time you need.

How to Identify TBIs

TBIs are described in three levels of severity.

Minor TBIs are the least severe, but this in no way means they are not harmful. Any TBI is by definition a traumatic injury to the brain. “Minor” TBIs are also the most easily missed on CT scans and MRIs.

Symptoms of minor TBIs include:

• Loss of consciousness
• Headache
• Nausea or vomiting
• Disorientation, problems concentrating, or memory problems
• Drowsiness, sleeping more than usual, or difficulty sleeping
• Loss of balance and/or coordination
• Blurred vision or sensitivity to light, ringing in the ears or sensitivity to noise, loss of sense of smell, and/or a lingering bad taste in the mouth without cause
• Mood swings
• Depression, anxiety, or aggression

Symptoms of moderate to severe TBIs are generally the same as the symptoms of minor TBIs, but are usually more severe, more persistent, or become worse over time rather than getting better. Moderate to severe TBIs can also cause weakness in the extremities, seizures, and coma.

How We Can Prove TBIs Without Physical Scans

Many of the symptoms of TBIs are observable in victims’ behavior, even if they are not visible on a brain scan.

Witnesses are a key part of winning a brain injury claim. This includes witnesses to the accident, who can confirm if the victim lost consciousness, vomited, complained of a headache, or other symptoms at the scene, as well as witnesses to the victim’s behavior after the accident, who can confirm lingering symptoms such as loss of concentration, change in sleep patterns, and changes in personality. Juries can also see these behaviors demonstrated for themselves through videos of the victim in their day-to-day life.

Evidence showing the scene of the accident can also be helpful. This helps juries envision the accident for themselves to better understand what happened.

Let Us Get to Work on Your Case

Have you suffered persistent side effects after an accident caused by someone else? TBIs can cause lingering problems that affect quality of life, ability to work, and personal relationships. When you were injured due to someone else’s negligence, you deserve compensation.

Call our South Carolina brain injury lawyers today for a free consultation.

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How to Win a Defective Product Injury Case (And How You Might Lose)

People are injured by defective products every day in the U.S., from auto parts that malfunction and cause crashes, to electronics that start fires, to toys that pose choking hazards to the children that play with them.

When people are injured or even killed by dangerous products, the victims and their families can hold manufacturers liable. Retailers can also be held accountable when they sell products with dangerous defects that can be discovered through visual inspection, such as selling products that have expired and are no longer safe to use.

If you or someone you love has been injured, here’s what you need to know before pursuing a claim.

What You Need to Prove in a Product Injury Claim

Defective product claims can be extremely difficult to litigate and win, but generally when a consumer is injured by a dangerous product, they will need to prove the following:

• The product was designed in such a way that it poses an unintended hazard to users, OR
• The product was designed to be safe but a manufacturing mistake caused it to become dangerous, OR
• The product was incorrectly marketed, and failed to instruct users how to correctly use the product without putting themselves at risk of potential harm, AND
• The consumer suffered damages as a result of using the product

Reasons You Could Lose Your Product Injury Claim

There are several reasons why your product liability claim may not succeed in court. Some of the most common reasons are described below.

You weren’t injured.

In this situation, it doesn’t matter how defective a product was, or how close you came to injury. If you didn’t sustain any damages, you can’t be compensated. Even if your “near miss” caused significant emotional distress, you can’t claim damages for emotional distress unless you also suffered physical injuries.

However, damages can refer to either physical injuries or financial losses. For example, if a product with a faulty battery caused a fire that damaged your home, you could file a product liability claim even if no one was injured (in this situation, you still would not be able to get damages for emotional distress). Unless you suffered significant financial losses, it may not be worthwhile to pursue.

If you were nearly harmed by a defective product, make sure to report the product to the proper authorities. Your warning could get the product recalled and help protect others from future injury.

The danger was obvious.

Warnings on products need to be specific, easy to find and read (for example, printed on the product itself and not hidden in the user manual), and easy to understand.

However, manufacturers don’t need to disclose risks that are clear and obvious.

This doesn’t always mean you don’t have a case, however. What is clear and obvious to one person may not be clear and obvious to another. If you were harmed by a product that you believe didn’t state warnings clearly enough, contact our South Carolina product liability attorneys today for a free case review.

The dangerous aspect is part of the product’s intended use.

This defense is very similar to the defense above and applies to inherently dangerous products. For example, knives are intended to cut, so if you cut yourself using a knife, the manufacturer will argue that is a risk a consumer agrees to take on when using the product, and isn’t one the manufacturer can mitigate without compromising the design.

The product wasn’t being used as intended.

If a table collapsed after a consumer stood on it to reach something high up, and the consumer was injured, the manufacturer can argue tables are not intended to be stood on, so they don’t need to be designed to carry the weight of a human. That would mean it’s not a design defect that the table collapsed.

However, consumers are still protected for any use of a product that could be anticipated by the manufacturer, even if that use is not one of the “intended” uses. So, a consumer could make the argument that lots of people stand on tables when ladders are unavailable, so the manufacturer could have easily anticipated people who bought their product might do so. In that situation, the consumer might still be ruled to have contributed to their own injury, however.

The product was altered from the state in which it was sold.

When a product is altered or modified by the consumer, the manufacturer can typically no longer be held liable for injuries the modified product causes, since they don’t have any control over how safe the alterations are or how the alterations affect the design of the product.

This remains true even if you weren’t the one to modify it, and purchased it used from the person who did the modifying.

For example, people who like to modify their vehicles likely already know that doing so voids their warranty. In this case, it probably also means they can’t file a lawsuit against the manufacturer of the vehicle if a part breaks and causes the vehicle to crash. They may, however, be able to file a claim against the manufacturer of the aftermarket parts or accessories installed.

When You’ve Been Injured by a Defective Product, Get an Experienced Attorney on Your Side

There are many, many ways that a manufacturer and their legal team will try to claim they aren’t responsible for your injuries when you’ve been harmed by a dangerous product. When you are going up against a company worth millions or even billions of dollars, it can seem hopeless to take them on. That’s where we come in. Our legal team isn’t afraid to fight back against major corporations when they cause harm. Contact our team today for a free consultation to learn what we can do for you.

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Truck Accidents: 8 Reasons Why Truck Accidents Happen on South Carolina Roads

If you are driving along one of South Carolina’s interstates or other major highways, it is common to encounter large commercial trucks. Due to the immense size of semi-trucks, it is much more likely that those who are involved in accidents with these trucks will suffer serious injuries.

According to the National Highway Traffic Safety Administration (NHTSA), in a single recent year, 3,964 people were killed in wrecks that involved a large truck. Alarmingly, 67 of those deaths occurred in South Carolina. Further, 71 percent of the time, the person who is killed in a wreck involving a commercial truck is the driver or occupant of a vehicle that is not the large truck. Shockingly, another 95,000 Americans were injured in wrecks involving a large truck that same year.

Below, we will discuss eight of the most common factors that can contribute to commercial truck accidents:

1. Driver fatigue and hours-of-service rule violations.

There are many federal regulations that determine how long drivers are allowed to drive and how often they must take breaks. For instance, commercial truckers are restricted to driving an average maximum of 70 hours in a work week and they are required to take a 30-minute break during the first eight hours of a shift. Further, drivers are restricted to working only 11 hours a day total and these hours must be within a specific 14-hour workday. Finally, once a driver has worked 70 hours in the work week, they are required to rest for 34 hours before beginning another driving shift. All of these regulations are meant to reduce driver exhaustion. Unfortunately, some drivers are encouraged by their employer to violate these rules, often leading to driver fatigue. This fatigue, and the impairing impact that it has upon driving skill and attention, is one of the largest contributors to accidents that involve commercial trucks.

2. Pressure to meet unrealistic schedules.

Like all companies, commercial trucking companies strive to make a profit. This focus on making money can lead to pressure upon drivers to go further and drive faster, something that can lead to dangerous driving conditions. Due to the fact that truckers are paid by the mile, even independent drivers feel financial pressure to drive for long stretches – stretches that are sometimes unsafe. Notably, truckers like to say that “if the wheels aren’t turning, you aren’t earning.” This saying is certainly a reflection of the overall pressure truckers feel to push themselves to the limit when driving.

3. Prescription and over-the-counter drug abuse.

Over-the-counter and prescription medications are a danger for anyone who gets behind the wheel, due to the fact that they can cause drivers to feel sleepy, dizzy, or unfit to drive in other ways. Due to the sheer size of their vehicles and the time spent on busy roads at high speeds, these effects are especially dangerous for commercial truckers. Unfortunately, in an attempt to stay awake longer, some drivers abuse legal medications and using them as stimulants. Even though the consequences are often unintended, over-use of these legal medications can create extremely unsafe conditions. Further, the NHSTA reports that 2 percent of the commercial truck drivers who were involved in fatal accidents were legally drunk. Notably, the legal blood alcohol content for commercial drivers is half that of regular drivers.

4. Distracted driving.

Any situation where a driver has their eyes or mind off the road – whether it be due to texting, talking on the phone, eating, watching a movie or any other activity – is a dangerous one. According to Distraction,gov, in a single recent year, 3,154 people lost their lives in car accidents that involved distracted drivers. Further, 424,000 people were injured in accidents that involved distracted drivers. This is an epidemic which keeps getting worse each year.  Especially when facing long and often isolated hours on the road, it can be tempting for truckers to fall into the trap of electronic diversions. Alarmingly, some drivers have even been known to watch movies while behind the wheel. In addition, trucking tools, such as dispatching equipment and CB radios, can also quickly turn from helpful devices to dangerous distractions.

5. Maintenance issues or equipment failure.

Even more so than smaller vehicles, it is extremely important for large trucks to be maintained  properly and repaired attentively. If parts in a large truck are not in good condition, notably parts such as air brakes, accidents are much more likely to occur.

6. Improperly loaded cargo and unbalanced loads.

When it comes to loading commercial trucks with cargo, it is imperative that the loading is done carefully so that is correctly balanced. If a truck is loaded in an unbalanced way, it is much more likely to be involved in a rollover accident. Further, overloading a truck with cargo, a practice that is not only unsafe but also illegal, increases the likelihood that the trucks will become unbalanced. Overloaded trucks are also unable to stop as easily as properly-loaded trucks, making accidents much more likely.

7. Reckless driving, including speeding.

Due to their size and weight, commercial trucks require extra space to stop or avoid collisions, especially when they are traveling at high speeds. Thus, reckless decisions such as driving a truck above the speed limit, making dangerous or improper lane changes, or driving at a speed that is unsafe for the conditions can all make accidents more likely or more difficult to avoid.

8. Poor driver training.

Handling and operating a commercial truck is very different from driving a typical passenger vehicle. For instance, semi-trucks and other heavy trucks turn, handle, and stop differently. Thus, to safely drive a large truck, drivers need to undergo training and get practice behind the wheel. Unsurprisingly, improper or insufficient training can increase the likelihood of accidents. For example, 20 percent of commercial truck crashes occur when a driver is attempting to turn or negotiating a curve, according to the NHTSA. Comprehensive and thorough training of drivers helps truckers learn to properly make turns and handle curves, something that decreases the likelihood of accidents throughout their careers.

We are all dependent on the work that commercial truck drivers do and most of these drivers take pride in safely operating their vehicles.  However, like any profession, there are bad apples amongst truckers, and the harm they can do due to the size of their vehicles can be devastating.  When investigating a case involving a commercial truck accident, an experienced South Carolina truck accident attorney will work with experts to investigate a host of possible accident causes, including those that we have listed above. Attorneys may also inspect driver logs, examine so-called “black box” data recorders, investigate any involvement of either drugs or alcohol, and look into any possible violations of the federal and state trucking regulations.

If you or a loved one has been injured in an accident involving a large truck, it is imperative that you contact a knowledgeable truck accident lawyer as soon as possible to get an independent investigation started before critical evidence is permanently lost. At the Joye Law Firm, we have extensive experience representing persons who have been injured in trucking accidents, or families who have lost a loved one due to these accidents.  Experience matters in these cases and our track record speaks for itself as our firm procured dozens of verdicts and settlements in excess of $1 million in trucking accident cases. Contact us any time.

Sources:

• NHTSA – Truck Safety Facts
• Distraction.gov – Facts and Statistics
• (Firm page: https://www.joyelawfirm.com/accidents/truck-accident-lawyer/)

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Five Facts You Should Know About Workers’ Compensation in South Carolina

If you’ve recently suffered an on-the-job injury in South Carolina, you may be eligible to receive workers’ compensation benefits.  In South Carolina, workers’ compensation benefits pay for medical bills and a portion of the lost wages of an injured worker. So, what do you need to do to secure South Carolina workers’ compensation benefits? What happens if a claim is denied?

Here are five facts that explain how the workers’ compensation system works in our state:

1. Report Your Work Injury ASAP.

If your injury or illness is work-related, meaning it arose within the course and scope of your employment, you must report it to your employer within 90 days. Failure to do so may disqualify you for workers’ comp benefits.

While your initial instinct may to be to “tough it out” or ignore it, it is really important to be proactive in this situation. Follow your company’s reporting procedure to a “T,” and report your work accident as soon as possible.  Although it may seem like a minor at the time, additional symptoms may develop over time.  This is especially true for workers who do physically strenuous work.  A construction worker is not likely to report every ache and pain he feels to his supervisor (and if he did, he likely wouldn’t be employed long) but if your gut instinct tells you that your symptoms are more serious than usual, report it as soon as you can.  Many workers who believe they’ve just suffered a muscle strain injury, unfortunately, discover later that their injury is more serious, such as a herniated disc in your spine.  If you wait until the more serious injury is diagnosed, it could already be too late to meet the 90-day notice requirement.  Claims, where there is a large gap of time between when the incident occurred and when it was reported, are also more likely to be denied.

Not every employer has a formal procedure in place to report workplace accidents or injuries. If this is true of your company, be sure to report your accident, in writing, to your supervisor, manager and/or your human resources department as soon as possible.

When applying for worker’s compensation benefits, in most cases, you’ll have two years from the date of the accident to file a claim but this is a different time deadline from the 90-day notice requirement.

2. Workers’ Comp Covers Your Medical Treatment, But You Have to See the WC Doctor

Once your claim is accepted, your benefits should cover all of the necessary medical treatment arising from your injury. This may include things like emergency care, surgery, hospitalization, rehabilitation, assistive devices and medication.

However, you have to see the doctor that the workers’ compensation insurance company chooses for you.  You can seek permission to see a different doctor or to receive a second opinion but these requests are frequently denied by the WC insurance carrier.

Having no control over the direction of your medical treatment is one of the biggest frustrations for an injured worker in South Carolina.  There are many excellent doctors who provide treatment under the workers’ compensation system but there are also many doctors who are authorized by the insurance companies because the companies feel they can control these doctors’ recommended treatment to some extent.  Helping you deal with this frustration is where an experienced workers’ comp lawyer can help you.  If certain injuries you sustained are not being adequately treated, we can gather medical evidence to help us request that the commission order the carrier to provide additional treatment.  This often involves our setting up independent medical examinations for you with doctors of our choice.

3. If You Can’t Work, You May Qualify for Total or Partial Disability Benefits.

If your work injury leaves you completely unable to return to work for over seven days, you may qualify for total disability benefits. This will provide 66 and 2/3 percent of your average weekly wages, without exceeding the “maximum weekly compensation rate.” That rate is set each year by the South Carolina Workers’ Compensation Commission based on the average weekly gross earnings of South Carolina workers during the preceding year. In 2020, the Commission set the maximum weekly compensation rate at $866. 67.

If you’re able to return to work in some capacity, but your injury limits your work duties and your income is reduced, you could receive partial disability benefits, instead of full disability benefits from workers’ compensation. Partial disability benefits will make up 66 and 2/3 percent of the difference between your normal average weekly wage and your new, post-injury wage.  For example, if your pre-accident average weekly wage was $600 and you are only earning $300 due to restricted hours or duties after you are hurt, your partial disability benefit would be $200 (2/3rds of the $300 difference).

4. You Have the Right To A SC Workers’ Comp Commission Hearing

Sometimes, things don’t go the way you’d like them to, and you need to press your claim.  Maybe your employer is denying that your injury occurred at work.  Maybe the insurance carrier is refusing to pay you the full benefits that you’re owed under South Carolina law. Whatever the reason, if you have any dispute over your claim, you can request a hearing before the Commission.  In South Carolina, we have seven workers’ compensation commissioners and your initial hearing will be set before one of these judges.

However, this is the time where a lot can go wrong very quickly.  If you aren’t properly prepared to state your case or fail to provide the right evidence, the hearing may go south in a hurry. Remember, the insurance company isn’t looking to do you any favors, and they won’t take any pity on you just because you’re not clear on the “rules.” Their lawyer’s job is to limit your benefits to the greatest extent possible.

This is where an experienced South Carolina workers’ compensation attorney plays an important role. While you may not be familiar with the complicated rules related to the submission of evidence or the standard of proof needed to receive workers’ comp benefits, your attorney certainly will be.  An experienced workers’ comp lawyer will know exactly how to navigate the hearing, protect your rights and pursue the maximum benefits available under the law.

Choose your lawyer wisely, and remember that not all lawyers are the same.  The South Carolina workers’ compensation system is very complex. Attorneys that only “dabble” in workers’ comp, even if they are very talented in other areas, can easily get in over their heads quickly.  Find yourself an experienced attorney that successfully deals with these unique cases day in and day out.

The Joye Law Firm certainly satisfies these criteria.  Two of our lawyers have served as president of the South Carolina Injured Workers Advocates organization, the preeminent organization for injured workers in our state.  Combined, our workers’ compensation lawyers have over 125 years of experience protecting the rights of men and women who were injured on the job.

5. Most Workers’ Compensation Claims Settle Out of Court

The thought of having to go to court can be a little overwhelming. Don’t worry, most South Carolina workers’ compensation disputes are worked out without a formal hearing. In fact, the bulk of workers’ comp cases in South Carolina are resolved without the need for a hearing at all.  For example, our firm often resolves clients’ most serious claims at a mediation conference instead.  With that being the case, being fully prepared for mediation is just as important as being fully prepared for a hearing.  In many instances, we procure expert opinions to help us build the value of our clients’ claims prior to a mediation.  This can include everything from a vocational consultant who does an employability assessment (which is crucial when asserting a total disability claim); a nurse consultant who completes a future medical costs assessment; to independent doctors who address impairment ratings and conditions which may have been under-treated by the doctors authorized by the insurance company.

If you are asserting that you have been permanently disabled due to your work injuries, it is CRUCIAL that you hire an experienced lawyer to help you with your claim.  First, no permanent disability claim will be viable without having a supportive vocational assessment completed.  Second, it is crucial that the language of the settlement agreement in these cases be carefully crafted to protect your potential future entitlement to Social Security disability benefits.  Failing to include this protective language can cost you tens of thousands of dollars in future SSD payments.

OUR SOUTH CAROLINA WORKERS’ COMP ATTORNEYS CAN HELP YOU TODAY

If you’ve been hurt on the job, you deserve fair treatment under the law.  You also deserve quality legal representation to ensure that happens. Since 1968, the workers’ comp attorneys of Joye Law Firm have stood alongside injured workers throughout South Carolina. We can put that experience to work for you today. If you face any problems with your workers’ compensation claim, contact us now and receive a free, no-obligation consultation about your case.

 

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Is a Fatal Work Accident a Wrongful Death Claim or a Workers’ Compensation Claim?

Accidents and injuries occur for workers every day in the U.S. When they happen, workers can file a workers’ compensation claim to pay for their medical treatment, as well as compensate them for paychecks they miss until they’ve recovered enough to return to work. But what happens when an accident is fatal?

Can workers’ families get compensation for the loss of their loved ones after an on-the-job accident causes their death? If so, how?

While no one wants to contemplate their own mortality, it’s a question that every family should know the answer to, especially if one parent is the sole source of income for the family.

The answer is even more relevant for South Carolina residents. According to the most recent data collected by the Bureau of Labor Statistics, in 2018 South Carolina had a fatal occupational injury rate of 4.6 deaths per 100,000 full-time workers, a rate higher than 70% of states in the country.

Should I file for workers’ compensation or wrongful death after my loved one dies on the job?

If you lost your spouse to a workplace accident, at a minimum you may be entitled to workers’ compensation death benefits. Depending on who or what caused the accident, you may also be entitled to file a wrongful death lawsuit.

If your loved one was eligible for workers’ compensation (which is almost all workers in South Carolina) you do not have the legal right to sue their employer. You can only get compensation from the employer for your loved one’s death through their workers’ compensation insurance.

However, if your loved one was killed while working due to the actions of a third party, you may be able to sue the third party for your loved one’s wrongful death.

Examples include:

• If your loved one was killed in a motor vehicle accident, you may be able to pursue compensation from the other driver.
• If your loved one was killed due to defective work equipment or tools, you could pursue compensation from the manufacturer.
• If your loved one was killed due to the negligence of a contractor, you can possibly pursue compensation from the contractor.
• If your loved one was killed due to hazardous property conditions, you can may be able to pursue compensation from the property owner (provided the property owner is not your loved one’s employer).

If you have questions about whether your loved one’s death is the fault of a third party, contact the experienced workers’ compensation attorneys at Joye Law Firm to discuss your claim.

What’s the difference between workers’ compensation and a wrongful death claim?

All employers in South Carolina with four or more employees (including part-time workers and family members) are legally required to provide workers’ compensation for their employees. Workers’ compensation provides benefits for on-the-job injuries, illnesses, and deaths regardless of who was at fault.

When a worker is killed, workers’ compensation death benefits for their loved ones include:

• Funeral expenses
• Medical expenses related to any treatment they received for their injury before their death
• 2/3rds of the deceased’s weekly wages

They do not, however, include benefits for non-economic damages such as pain and suffering.

A wrongful death claim in South Carolina requires the deceased’s family members to prove their death was the result of someone else’s negligence. Furthermore, the lawsuit must be filed by the executor of the deceased’s estate on the family’s behalf – they can’t file the lawsuit themselves.

Damages in a wrongful death claim may include:

• Funeral expenses
• Medical expenses related to any treatment they received for their injury before their death
• Lost income and benefits
• Loss of deceased’s care, companionship, and protection
• Loss of deceased’s experience, knowledge, and judgement
• Pain, suffering, and mental anguish caused by loss of the deceased

What are the most common fatal work injuries?

In descending order, the top five most common causes of workplace death are as follows:

1. Transportation accidents
2. Injuries caused by other people or animals
3. Falls, slips, and trips
4. Getting caught in running equipment or being struck by falling objects
5. Exposure to harmful substances or environments

According to the Bureau of Labor Statistics, transportation-related injuries account for 40% of all work-related fatal accidents.

What are the most dangerous industries to work in?

In descending order, the top 10 most dangerous job titles in the U.S. in 2018 were:

1. Logger
2. Fisher
3. Pilot
4. Roofer
5. Garbage Collector
6. Truck Driver
7. Agriculture Worker
8. Iron/Steel Worker
9. Construction Worker
10. Groundskeeper

Have You Lost a Loved One in a Work Accident? We Want to Help.

Nothing is more devastating than losing a loved one in a sudden accident. It can feel like your world is ending. When your loved one was also your primary source of income, it becomes a struggle to recover not only emotionally, but also financially. Some families never manage it.

We don’t want that to happen to you. You deserve compensation for your loss, and we’ll work hard to get it for you. Contact our South Carolina workplace injury attorneys today to learn how we can take over the logistics for you, so you can focus on the grieving process.

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How Is a Jury Chosen for a Personal Injury Case?

While we strive to settle most personal injury claims outside of court to ensure our clients get the compensation they need sooner, this isn’t always possible. When insurance companies simply refuse to cooperate, that’s when we go to trial.

The outcomes of civil trials, just like criminal trials, are typically determined by juries. Which means the jury selection process is possibly the most important part of any personal injury trial.

If you end up with a jury that is biased against people filing personal injury lawsuits, it could hurt your chances of getting the compensation you dearly need. Luckily, jury members are not decided at random. A skilled attorney can ensure the people who wind up on your jury are ready to be fair and thoughtful when listening to your injury claim.

What Happens During Jury Selection?

As many as 100 people could be called up for jury duty out of the “jury pool” of eligible jurors (U.S. citizens over the age of 18) living in the summoning county. However, all 100 people won’t be selected to serve on the jury. The number of jurors who will actually determine your settlement is typically 12 people.

Who is eligible to be called for jury duty in South Carolina? 

People cannot serve on a jury if they:

• Have been convicted of a crime punishable by more than one year
• Cannot read, write, speak, or understand English
• Have a physical or mental limitation that prevents them from serving
• Have less than a 6^th grade education
• Are employed by the county or court

People cannot be required to serve on a jury if they:

• Are over 65 years of age
• Are employed by the penitentiary
• Have legal custody of children under the age of 7 that they can’t find alternative care for while serving
• Have a “good and sufficient excuse,” such as a temporary physical disability

From the jury pool, potential jurors are whittled down through the jury selection process, which consists of the judge asking potential jurors questions to determine whether or not they are capable of being a fair and unbiased juror.

Unlike most other states, attorneys in South Carolina are not allowed to directly question jurors themselves, but they are allowed to submit a list of questions they would like the judge to ask the jurors and listen to the answers.

After all potentially biased jurors are removed, 20 of the remaining jurors are selected at random, and lawyers from both sides are each allowed to pick four jurors to remove, leaving the 12 who will serve on your case.

What Type of Questions Are Asked in Jury Selection?

Because questions during jury selection are supposed to root out potential biases, common questions include:

• Have you ever worked for an insurance company? Has any member of your family?
• Have you ever filed a personal injury claim? Has any member of your family?
• Do you personally know any of the parties involved in this lawsuit?

Answering “yes” to any of these questions is good reason to remove a juror, since they are unlikely to be impartial.

Jurors will also likely be asked questions related to the type of accident. For example, if you were injured in a car accident, they might be asked “are you familiar with the intersection where the accident happened?” or “do you think most people are good drivers, and why or why not?”

If you were injured by slipping in a restaurant, jurors might be asked “have you ever worked in a restaurant before?” or they might be asked “do you think someone injured in an accident always shares in the blame?”

Jurors might also be asked questions about their personal lives and tastes to see if these could indicate a bias in any way.

We Know How to Pick Juries

Because the jury selection process is so important, it’s absolutely vital to make sure your lawyer knows what they are doing if your case goes to trial. Personal injury lawyers without a lot of experience in the courtroom could hurt your chances of winning before the trial even starts, if they don’t know the right questions to ask during jury selection.

At Joye Injury Lawyers, we have over 50 years of experience helping injury victims get the compensation they deserve when they’ve been injured by someone else’s negligence, and we aren’t afraid to go to court when necessary. Contact our South Carolina personal injury lawyers today to learn more about what we can do for you.

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If Another Resident Harms My Loved One in a Nursing Home, Who Is Liable?

When most people think of nursing home abuse, they are thinking about the caretakers in the facility abusing residents. While nursing home residents can suffer at the hands of negligent or abusive staff, a far more common source of abuse is other residents.

Resident-on-resident abuse can be so prevalent that many long-term care staff simply consider it part of the normal day-to-day of life in assisted living facilities. However, abuse of any kind should never be considered “normal.”

Nursing home and assisted living facility residents are more vulnerable to abuse because they are often either mentally or physically unable to protect themselves and can be too afraid of retaliation to speak up. That doesn’t mean no one should or can be held liable for the abuse your loved one suffers in a nursing home facility.

When nursing home residents abuse other residents, you can’t bring a lawsuit against the perpetrator, usually because the violence is typically the result of cognitive deficits and so the abusive resident can’t be held legally responsible for their actions.

However, the nursing home has a legal duty to protect their residents from abuse, violence, neglect, and harassment, even and especially from other residents. That means they can be held liable for failing to do so.

How Often Does Resident-on-Resident Abuse Occur?

In one study of 2,000 residents across 10 nursing homes, one in every five residents reported having aggressive encounters with other residents roughly once a month (every four weeks). These encounters included angry yelling, spitting, hitting, kicking, biting, scratching, and having objects thrown at them.

In another study of 249 nursing homes across 10 states, researchers spoke to nurse aides about the resident-on-resident abuse they witnessed over the prior three months.

• 97% observed residents yelling at each other
• 94% observed residents pushing, grabbing, or pinching each other
• 91% observed aggressive behavior between residents
• 77% observed residents exposing themselves to other residents
• 69% observed residents entering other residents’ rooms and stealing their belongings

What Happens When Residents Are Being Abused?

Nursing home abuse can have a serious impact on nursing home residents’ quality of life, not only emotionally, but mentally and physically as well.

• They can experience loneliness, anxiety, and depression.
• They can experience more rapid functional decline.
• They are more likely to suffer injuries such as falls, fractures, cuts, and bruises.

Signs of abuse include withdrawal from family and social settings, lack of interest in things they used to enjoy, increased anxiety, unexplained bruises, and sexually transmitted diseases.

What Contributes to Resident-on-Resident Abuse?

According to the National Center on Elder Abuse, there are several factors that contribute to increased resident-on-resident abuse in nursing homes and assisted living facilities. These include:

• Overcrowding
• Understaffing
• High number of residents with dementia
• Mingling of residents with psychiatric illness and cognitive impairment
• Lack of staff intervention

Studies suggest that the attitude of staff may be one of the biggest factors in resident-on-resident abuse. When staff treat abusive behavior between residents as “expected” and “normal,” they are less likely to do anything to stop it.

Protect Your Loved One From Further Abuse by Holding the Facility Liable

Nursing home staff should be aware of their residents’ behavior toward each other, so whether they knew and did nothing, or should have known but didn’t because they were negligent in monitoring their residents’ health and well-being, they can be held liable.

The South Carolina nursing home abuse attorneys at Joye Law Firm can help with cases of nursing home abuse, both when perpetrated by staff and when it’s caused by other residents. If you suspect your loved one is being abused, don’t let it go on any longer. Contact our team today for a free case review.

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from Joye Law Firm https://www.joyelawfirm.com/2020/11/nursing-home-liability-resident-assault/
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