What Happens During the Discovery Stage of a Personal Injury Trial?

A personal injury lawsuit begins long before anyone steps foot in a courtroom, and the majority of these pre-trial preparations take place during a period known as “Discovery.”

As the name suggests, discovery is when each party is supposed to discover evidence that supports their side of the story. For the injury victim (the plaintiff), that means evidence showing the other party was negligent. For the party accused of fault, that usually means trying to prove the injury victim was at fault for their own injury or was injured in some other way.

Unlike the courtroom dramas you see on TV, you won’t see either side pulling out a surprise witness or new evidence mid-trial. During discovery, both parties must share all evidence they collect. This is to allow both parties everything they need for a fair chance to build their case. If only one party knows something, it could give them an unfair advantage.

The 4 Types of Evidence Collected in Discovery

Documents: This simply refers to evidence in the form of documents. Examples include copies of the police report filed after the accident, any pictures you took of property damage and/or injuries you sustained, your medical bills and medical history, paystubs and PTO reports from your employer detailing how much work and pay was missed, and so on.

Admission of Facts: These refer to requests from the opposing party asking you to admit to certain uncontested facts. For example, they may ask you to admit to driving the vehicle that was involved in the car crash, if there were passengers involved.

Typically, you are only going to be asked to admit things that both parties already agree are true. However, they need you to admit to them on-the-record for them to be accepted as fact. This is handled pre-trial so time does not need to be wasted during the trial first proving something that both parties already agree is true.

Interrogatories: These simply refer to questions sent to you by the opposing party’s lawyer for you to answer. Most states limit the number of interrogatories the opposing side is allowed to send; in South Carolina, they are allowed 50.

These include basic information, such as asking you to confirm your identify, your insurance coverage, name any witnesses you plan to call, and so on. In a car accident case, you may also be asked whether you were drinking before getting in the car, or whether you’ve ever been convicted for a traffic violation before.

These must also be answered under oath, and if you receive new information that changes one of your answers, you have to update your answer and resubmit it to the opposing attorney.

Depositions: This refers to your oral testimony. The at-fault party’s lawyer will question you under oath in front of a court reporter, but not a judge or jury. This is considered your official testimony, and if your claim does go to trial and you need to testify in court, any testimony given then will be compared against this testimony.

Can Anything Be Used in Discovery?

Although you are generally not allowed to withhold any information relevant to the trial, you are not required to share “privileged” information.

Privileged information includes private conversations and communication with:

• Your lawyer
• Your doctor
• Your religious advisor
• Your spouse

What If I Want to Try to Settle Out-of-Court?

When negotiations stall, many personal injury victims go to court to try to get a judge or jury to order the at-fault party to pay more money than they initially offered. But while jury verdicts often result in more compensation for victims, trials can also drag out for months or even years. That’s additional time victims need to wait to see the money they need now. That’s why many injury victims prefer to settle out-of-court when possible.

However, even if you want to avoid going to trial, this pre-trial phase is still important and necessary. In fact, what is discovered in the discovery phase could be what determines whether or not you need to go to court at all.

If the evidence collected during discovery overwhelmingly shows you are not at fault for your own injuries and someone else is, the insurance company won’t want to risk going in front of a jury and will likely agree to settle for an amount you can both agree on.

Allow Us to Collect Evidence for Your Claim

If you are struggling with an uncooperative or combative insurance company after an accident that wasn’t your fault, a lawsuit may be your only option to get compensation for your damages.

At Joye Law Firm, we know what it takes to win a personal injury claim, inside a courtroom and out of one. Contact our firm today and let us take over negotiations. Our goal is always to get our clients maximum compensation for their losses when they suffer due to someone else’s negligence.

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What is a Bad Faith Insurance Claim?

Auto insurance is legally required for all drivers in South Carolina. Auto insurance experts, according to their own data, say that the average driver will be involved in a car accident roughly once every 18 years. That means most drivers are going nearly two decades at a stretch regularly paying a significant amount of money each and every month to insurance companies without getting anything back for it.

So, when drivers do get into wrecks, they expect their insurance to do what it’s supposed to do and pay for their medical bills and for their cars to be repaired. But insurance companies are out to make money, and paying you isn’t how they do it.

When an insurance company refuses to pay a policy holder compensation on a legitimate claim, that’s what’s called a bad faith insurance claim. “Bad faith” means dishonest dealing, because the insurance company is breaking their end of the bargain.

What are Ways Insurance Companies Show “Bad Faith?”

Insurance companies show bad faith by withholding benefits that policyholders are entitled to, or by withholding benefits for unreasonable reasons.

Examples might be:

• Failing to respond to a claim request promptly
• Misinterpreting the language in an insurance contract to get out of paying a claim
• Failing to disclose policy limits or exclusions when selling policies
• Failing to properly investigate a policyholder’s claim
• Making unreasonable demands on the policyholder to prove a covered loss
• Ignoring evidence that supports a policyholder’s claim
• Failing to pay out on a claim promptly when liability is clear, or any unreasonable delay in paying a claim

If My Settlement is Too Low, Does That Count as Bad Faith?

If it’s simply a difference in opinion between you and the adjuster about what your claim is worth, it likely isn’t a bad faith claim. That doesn’t mean you can’t push to receive more money with the help of an experienced personal injury lawyer handling the negotiations for you after an accident.

However, if the insurance adjuster fails to provide any supporting evidence for how they made their estimate, or ignores evidence that supports your estimate over theirs, it may be a bad faith claim after all. We recommend speaking with an experienced South Carolina personal injury lawyer to see if yours might be a bad faith claim.

Can I Only Make a Bad Faith Claim Against My Auto Insurance Provider?

No, insurance providers can and do break faith on all kinds of policies, including health insurance, homeowners’ insurance, and so on.

What Do I Do When an Insurance Company Acts in Bad Faith?

When an insurance company refuses to hold to the terms of your contract, the first thing you should do is contact a lawyer.

A lawyer can get the ball rolling with a bad faith letter requesting the insurance company state their position in writing on why your claim was reduced or denied, and file a lawsuit if necessary.

In a bad faith lawsuit, you may be eligible for not only your damages from the accident, but also for consequential damages, your attorney’s fees, and potentially even punitive damages.

Do you suspect the insurance company has been acting in bad faith after an accident that left you injured? Contact Joye Law Firm today for a free case review.

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Joye Law Firm’s 2021 Wellness Challenge

The Joye Law Firm team has shifted the scales of justice – literally!  Our team embarked on a nine-week Wellness Challenge with the goals of increasing our step counts, losing weight and staying healthy.

The program, the first of its kind at Joye Law Firm, ran from January through the beginning of March. Over 70% of the firm has participated in the challenge. At the mid-way point, the team had already walked enough miles to reach San Francisco. By the end, the firm lost a total of 292 pounds and walked enough to reach the Great Pyramid of Giza! At the beginning of the contest, participating team members were each outfitted with their very own FitBit Inspire II, which are theirs to keep, to help track their weekly progress. Points were allotted based on weekly weigh-ins and step totals:

Weekly Step Goals:

35,000 steps per week = 5 points

70,000 steps per week = 10 points

105,000+ steps per week = 20 points

For each % of weight loss = 20 points

For each % of weight loss = 20 points

Sam and Marcy of the Charleston office spent time outside walking their dogs together.

Our team not only got healthier by participating, but several also ended up richer, too! That’s because the winning team, the “Scales of Justice,” each pocketed $100. Our overall winner, Paul from the Charleston office, took home the grand prize of $500. The competitive nature of our team, coupled with attractive cash prizes meant the competition was fierce!

To help further inspire our team, the firm welcomed Atty. Lindsay Joyner, the Chair of the SC Bar’s Wellness Committee and Partner in the Gallivan, White & Boyd law firm, to speak at our virtual Lunch & Learn seminar in January to kick off the wellness challenge. Atty. Joyner shared wellness tips and advice geared specifically to those in the legal field. She said she “was honored to be a part of such an inspiring and fun challenge, and hope that firms of all sizes appreciate and use the Joye Law Firm’s challenge model as a way to bring coworkers together in a healthy way, especially while so many lawyers and staff are still working from home or are unable to have their ‘normal’ social interactions.”

We’re excited about the success of the inaugural wellness program, and we can’t wait to embark on a new fitness challenge soon. We’d like to thank all of our participating team members, and we’d also like to give a special shout-out to our Intake Department, who came up with the idea. We’re lucky to have such a great team, and are glad to offer this Wellness Challenge!

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How to Select a Good Personal Injury Lawyer

Hiring a lawyer to represent you in a personal injury case is a big decision. It’s not one you should make by choosing at random. Interviewing several different attorneys and asking questions about how they would handle your case can help you narrow the field before you make a final decision on who you want to hire.

Thankfully, many law firms, including Joye Law Firm, offer free initial consultations, making it easier to decide if they are a good fit for your needs before committing.

If you’ve never needed to hire a lawyer before, you may not be sure what qualities you should be looking for in your lawyer, or what questions are important to ask in your consultation. That’s why we’ve put together a guide listing six questions you should always ask the attorney—and one question you should ask yourself.

Six Questions to Ask a Potential Lawyer for Your Injury Claim

“Who will handle my case?”

Most firms have more than one attorney on staff, and you may end up having a different attorney working on different phases of your case. Furthermore, make sure to ask how much, if any, of your case will be handled by junior associates or paralegals, and who will be supervising them if so.

For example, at Joye Law Firm, we’ve developed a unique system that you won’t find at many firms. Although one attorney will be assigned to your file, you will also get input and oversight from every attorney in the practice, including our most senior partners. By working as a team, we employ nearly 200 years of collective legal experience in every case, enabling the best possible legal outcome for each client.

“How many cases are you working on right now?”

Sometimes attorneys will take on more cases than they can handle, which means your case may suffer because they can’t devote as much time to it as they should. They may even set your case aside after agreeing to take it on to complete other cases first, leaving you in limbo while your medical bills continue to pile up.

As a follow-up question, make sure to ask how often you can expect to get updates on your case. This can help hold the attorney accountable.

“How many cases have you worked on that are similar to mine?”

Depending on how you were injured, your case may have to be handled differently. For example, if you were injured in a collision with a truck, you may need to pursue compensation from the truck driver’s employer rather than the driver. Or if you were injured while riding a motorcycle, you will also be fighting the insurance company’s bias against motorcyclists.

Other types of injuries, like workplace injuries or nursing home abuse, are handled very differently from motor vehicle accidents as well as from each other.

Each practice area has different laws and a different approach for the best results, so you should make sure any potential lawyer you hire has experience with your type of injury.

“Do you have a lot of experience with jury trials?”

Personal injury lawsuits are most often settled without ever going to trial. Going to trial can drag things out, and insurance companies usually don’t want that any more than you do. But sometimes it’s the only option when the insurance company simply refuses to compromise and pay what you actually deserve.

Once negotiations with the insurance company break down, it’s important to make sure your lawyer is experienced at both jury selection and presenting evidence in front of a jury, since at that point those are going to be the most important factors in determining whether you get compensation and how much.

“Do you get a lot of referrals?” 

It’s always good to ask for client referrals and to check a law firm’s reviews online to see what former clients have said about them, but another important reference is other attorneys.

Because not all attorneys handle all cases types, they often refer clients to other firms when necessary, including when a case might be “too big” for them. Making a bad recommendation to a client can hurt the referring firm’s reputation as well, so if an attorney has received lots of referrals, it usually means they have a great track record and are well respected by their peers.

“How do you charge?”

Most people’s perception of lawyer costs includes huge retainers and hourly fees. However, many personal injury law firms, including Joye Law Firm, work on a contingency fee basis. This means clients only pay if the firm wins their case for them, and the lawyers are paid a percentage of the settlement amount rather than based on how much time they spent working on the case.

Most injury attorneys charge between 33-40% in fees per case, depending on the case’s circumstances.  Do your homework on any firm that charges well above or below that margin.

The percentage your lawyer will take in fees should be agreed on when you hire them and not later.

One Question to Ask Yourself

“How do I connect with this person?”

When speaking with a lawyer who could potentially work on your claim, ask yourself this: Do I like this person? Do I trust them? Although it is possible to switch lawyers if your first choice doesn’t work out, it’s always better to not have that hassle.

Furthermore, you will need to feel comfortable sharing many personal details about your accident and how it has affected your life with this person, including medical information and information about your mental health, if it was impacted by your injury, since it will affect how much compensation you may be owed.

If you don’t feel comfortable sharing that type of information with this person, they may not be the best choice to be your lawyer.

Schedule a Consultation with an Experienced South Carolina Injury Attorney Today

At Joye Law Firm, we’re available to serve injury victims anywhere in South Carolina from our four convenient locations in North Charleston, Myrtle Beach, Clinton, and Columbia. If you can’t come to us, we can come to you or set up a virtual meeting, if you’d prefer.

If you or someone you love has been injured or killed due to someone else’s negligence, we want to help make it right, and we want to make sure that you feel 100% comfortable and confident in our firm. Contact us today to arrange your free initial consultation so we can answer any questions you may have about your case.

 

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Updating Our Favorite Recipes!

Good food prepared from cherished recipes nourishes the body and lifts our spirits. To spread some culinary cheer during this challenging time, the attorneys and staff at Joye Law Firm have recently updated our cookbook to share some more of our favorite dishes.

Our cookbook Joye Family Favorites collects recipes submitted by attorneys, staff, clients, family, and dear friends. It includes recipes for appetizers, party favorites, main courses, side dishes, holiday favorites and, of course, desserts! Some are treasured recipes handed down from generation to generation.

Click on our cookbook form to download a free copy our cookbook. We hope that you will find some recipes that will become favorites of your family, too. We would be delighted to hear which recipes you liked.

Here’s a sampling of cookbook recipes:

ASHLEY’S MEXICAN CORN DIP

 This party favorite was submitted by Joye Law Firm team member Ashley Graham. Ashley works in our Myrtle Beach office and helps our personal injury clients. She loves sharing this fast and tasty dip with friends and family.

Ingredients:

• 1 package (8 ounces) cream cheese
• 1 and 1/2 cups Mexican-style cheese, shredded
• 2 cans Mexican-style Corn
• 2 jalapeños, seeds removed & diced
• Garlic powder or garlic salt, to taste
• 1 bag Fritos Scoops chips

Preparation:

1. In mixing bowl, add cream cheese and jalapeños.
2. Sprinkle with garlic powder or garlic salt, to taste.
3. Mix until blended. Then, add to ovenproof pan.
4. Cover with shredded cheese.
5. Bake at 350 for 20-25 minutes or until bubbly.
6. Serve with chips.

The dip will be very hot coming out of the oven. So let it stand for a few minutes before digging in. Serve in the pan or carefully spoon into a chip and dip platter.

 JACKIE JOYE’s ALMOST FAMOUS POTATO SALAD

This was one of Reese Joye’s favorite dishes! The Joye Family eats this “almost famous” potato salad warm or at room temperature, but it is also great after being refrigerated.

Ingredients for Potato Salad:

• 5-7 Russet potatoes, peeled and diced
• 4 hardboiled eggs, diced
• 1/3 green pepper, diced
• 1 bunch spring onions, diced
• 1/3 cup mayonnaise (or to taste)
• 4-5 tablespoons sour cream

Ingredients for Dressing:

• 6 tablespoons cider vinegar
• 3 tablespoons olive oil
• 1/4 teaspoon dried mustard
• Salt and pepper, to taste

Preparation:

1. Boil the diced potatoes in water until soft. Drain.
2. In bowl, mix dressing ingredients, then pour over warm potatoes.
3. Once slightly cooled, add diced eggs, pepper & onion.
4. Add salt and pepper to taste.
5. Toss with mayonnaise and sour cream.

Add more mayonnaise/sour cream, as needed. This Joye family favorite goes great with fried chicken!

PAT JENNING’S FRIED CHICKEN

Nothing says good, old-fashioned home cooking like fried chicken! It is a wonderful reason to gather the entire family around the table, regardless of the time of year! Thanks to Attorney Pat Jennings’ family for this recipe!

Ingredients:

• 1 fryer chicken, cut into pieces
• 2 cups buttermilk
• Self-rising flour, for dredging
• 2 tablespoons salt
• 2 teaspoons garlic powder
• 1 teaspoon cayenne pepper
• 1 teaspoon black pepper
• Oil or shortening, for frying

Preparation:

1. Cut chicken into 8 pieces. Place in mixing bowl. Sprinkle salt, pepper, cayenne pepper and garlic powder on meat. Cover with buttermilk and refrigerate overnight.
2. Drain chicken. Dredge in flour, shaking off the excess.
3. Heat oil or shortening in cast iron pan until it is 325 degrees. Do not fill pan more than halfway.
4. Fry chicken until brown and crisp on all sides. White meat takes about 10 minutes, dark meat takes about 15 minutes.
5. Remove chicken from oil and drain.
6. Sprinkle salt, pepper, garlic powder, cayenne pepper (to taste) over hot chicken.

BETTY HARRELL’S COCONUT PIE

Kenny’s mom is one heck of a good cook. She is a great baker, too! Here is her Coconut Pie recipe, which is so good, it was added to her church’s cookbook!

Ingredients:

• 2 cups coconut, grated
• 2 cups sugar
• 4 ounces butter or margarine
• 2 cups milk
• 2 teaspoons vanilla extract
• 3 teaspoons lemon extract
• 6 large eggs
• 2 deep dish Pie Shells

Preparation:

1. Preheat oven to 375 degrees.
2. Melt butter and beat in sugar until creamy.
3. Add eggs and beat.
4. Add milk, vanilla, lemon and stir.
5. Add coconut and stir until blended.
6. Pour mixture into 2 deep dish pie shells.
7. Bake until center of pie is set, about 45-60 minutes.

This is a great dessert for summertime or any time you are craving a cool, creamy coconut treat. Just make sure you have enough for everyone!

DEANA’S BANANA PUDDING

Banana pudding is a go-to favorite. Simple to make, yet so tasty and satisfying! This recipe was submitted by Joye Law Firm workers’ compensation team member, Deana, and it is one of her family’s favorites.

Ingredients:

• 12 bananas
• 2 boxes of vanilla wafers
• 6 packages of instant vanilla pudding mix
• 10 cups of milk
• 1 container (16 ounces) sour cream
• 1 container (16 ounces) of whipped topping

Preparation:

1. Peel and slice bananas into pennies.
2. Mix instant pudding with milk until thickened.
3. Fold in sour cream and whipped topping.
4. In large pan, layer vanilla wafers, pudding and bananas.
5. Cover and chill for at least two hours.

Everyone has room for some banana pudding. So bring this out when you are expecting a crowd. Afraid of having too many left-overs? Simply reduce the recipe or assemble the pudding in a large pan with a lid. That way, you can slide it right back into the refrigerator.

If you try the recipes at home and enjoy them, we’d love to hear. Give us a call, drop us a line or share a story on social media using the hashtag #JoyeFamilyFavorites

Since 1968, the attorneys of Joye Law Firm have been standing up for injured people across South Carolina. We have built a reputation for personalized legal representation and support for the communities we serve. We are understandably proud of the testimonials that former clients have shared about the legal service we provided.

We have offices in North Charleston, Columbia, Myrtle Beach and Clinton. If you or your loved one has been injured due to someone else’s fault, call 888-324-3100 for a free case review.

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Can You Get Workers’ Compensation If You Get Hurt on Your First Day?

When it’s your first day on the job, you want to make a good impression. You may even be on a probationary period, and even if not, it’s likely that most of your benefits, including health insurance and paid sick leave, haven’t even kicked in yet. So it can seem like a nightmare if you get injured and are no longer able to perform your job duties right off the bat.

This nightmare scenario is, unfortunately, more common than you might think, so if it happened to you, you’re not alone. In fact, workers may even be more likely to be injured in their first few days on the job, since they probably haven’t received full safety training yet.

In most circumstances, you are still eligible for workers’ compensation benefits even if you were injured on your first day on the job.

Why Workers’ Compensation Is Different

Almost every employer in South Carolina is legally required by the state to provide workers’ compensation benefits for all employers, regardless of how long they’ve been employed, even if it’s one day.

So even if you are not yet eligible for the health insurance benefits provided by your employer, they still have to provide you with workers’ compensation benefits.

However, keep in mind that even though you are eligible from day one, you can’t claim benefits from day one. You still need to apply for workers’ compensation benefits, and your application may be rejected. In addition, South Carolina has a seven-day waiting period before benefits can be paid.

However, many valid claims are rejected on technicalities, such as incorrectly filling out the paperwork. This is why we recommend hiring an experienced workers’ compensation attorney to either help you apply or to appeal a denial.

Could My Workers’ Compensation Claim Be Rejected If I’m Injured on the First Day?

While it could potentially be rejected, it can’t be rejected because it was your first day. The only exceptions that apply to when you can’t receive workers’ compensation are the same across the board, regardless of whether you’re injured on day one or year 10.

One of the most common reasons why your workers’ compensation claim could be denied is because you weren’t actually working when the injury happened. While workers’ compensation doesn’t require you to prove that you weren’t at fault for your own injury, you do need to be performing work duties. For example, if you injured yourself on your lunch break, your claim would likely be denied.

Can I Get Fired If I File for Workers’ Comp After I’m Injured On My First Day?

No, it is illegal to fire an employee for filing for workers’ compensation, even if that employee had only been employed for one day.

What Should I Do If I Get Injured On My First Day on the Job?

First, inform your supervisor that you were injured. You legally have 90 days to do so, but reporting it as soon as possible, on the same day as you were injured if you can, will make getting compensation easier.

Next, request medical treatment. You may need to get treatment from a doctor your employer chooses rather than your regular doctor.

Then, fill out a workers’ compensation claim form (Form 50 or 52) to the South Carolina Workers’ Compensation Commission. An experienced South Carolina workers’ compensation attorney can help you make sure all paperwork is filed correctly and on time.

Get Help With Your Workers’ Compensation Claim

We’ve helped workers of all kinds of workplace injuries get compensation, including when they were injured even before they were eligible for other workplace benefits. If you need help filing a claim or an appeal, contact our firm today.

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Joye Law Firm Attorney Interviewed About Tragic Bicycle Accident (With Video)

Charleston personal injury attorney Jeff Gerardi of Joye Law Firm spoke recently with WCBD-TV News2 about the tragic death of a bicyclist and the need for stricter laws in South Carolina to prevent distracted driving.

Jeff’s client was biking with his dog, Ava, who riding in a trailer attached to the bicycle. on a trip from upstate New York to the Florida Keys. Tragically, while passing through South Carolina last summer, they were struck by a  motorist in Charleston County.

Our client “found the dog as a puppy in Mexico,” Gerardi said. “He rode with the dog everywhere on his bicycle, all over the country.”

Bicyclists have a legal right to ride on public roads in South Carolina, except where expressly prohibited such as interstates. Sadly, a bicyclist dies in a traffic accident in South Carolina every 16 days on average, according to the South Carolina Highway Patrol. As bicycling has increased in popularity in South Carolina, the number of deadly collisions involving cyclists and automobiles has increased as well.

Many of those bike accidents occur in the Lowcountry. Charleston County is among the most dangerous counties in the state for bicycle accidents.

As an experienced rider, our client had taken precautions to make himself visible to motorists, Gerardi said.

“He had a full rig,” Gerardi said. “He had safety gear. He had a flag on his rig. He was an experienced bicyclist. He couldn’t have been more conspicuous.”

Motorists are required by South Carolina law to maintain a safe distance from cyclists when passing.

Even so, Jeff’s client was fatally injured and Ava suffered serious injuries when they were struck by a passing SUV on the Savannah Highway near Adams Run on August 31, 2020. Jeff’s client was pronounced dead at the scene. Ava suffered serious injuries and was cared for by the Charleston Animal Society.

Another bicyclist, was struck and killed while crossing Savannah Highway in December 2020.

Bicyclists and pedestrians have little protection and are vulnerable to serious or fatal injuries when struck by a moving vehicle, particularly at higher speeds.

“There is no such thing as a fender bender between an automobile and a bicycle,” Gerardi said.

After a collision involving a car and a bicycle, insurance companies representing motorists often try to ignore the bicyclist’s rights and to attempt to blame the bicyclist —even when the rider was complying with South Carolina traffic laws.

“There are a lot of people who have a bias against bicyclists and motorcyclists,” Gerardi said.

Many bicycle accidents occur because drivers are not expecting to encounter bicyclists and do not see them. Some occur because drivers are distracted. Cell phones are a common cause of driver distraction. Talking or texting on a cell phone is a distraction to drivers and it is dangerous.

Gerardi is advocating for the South Carolina legislature to pass a hands-free law.

Approximately 25 states have adopted laws that prohibit drivers from holding a cell phone, tablet or other wireless device while operating a vehicle. Only hands-free communication devices would be permitted.

South Carolina has adopted a law banning texting while driving, and highway safety advocates have been pushing to pass a hands-free law.

Gerardi said states that have passed hands free-laws have seen a marked decrease in fatalities and injuries involving drivers distracted by cell phones.

“There’s really no reason not to have it,” Gerardi said.

The attorneys at Joye Law Firm advocate for people who have been injured by the negligence of others and the families of those who have been killed in preventable bicycle accidents. If the motorist caused the accident, the motorist’s insurance should be held accountable. Our bicycle accident lawyers are on the side of cyclists. Learn more about the bicycle accident lawyers at Joye Law Firm today by contacting them. 

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What Causes Cerebral Palsy?

Cerebral palsy is a congenital disorder (a medical condition that is present at or before birth) that affects muscle tone, posture, and movement.

However, while cerebral palsy affects the body, it’s actually a result of brain damage, causing the brain to be unable to control the body’s muscles correctly. “Cerebral” in this instance means brain, while “palsy” means paralysis or involuntary shaking or trembling.

Over 10,000 babies are born with cerebral palsy each year, leaving far too many parents left wondering, “What causes cerebral palsy?,” “Is there a way to prevent cerebral palsy?,” and “If I have more children, will they have cerebral palsy, too?”

What Are the Causes and Risk Factors for Cerebral Palsy?

Cerebral palsy is not a genetic or inheritable condition. It is caused by abnormal brain development in the womb or damage to the brain during pregnancy, delivery, or shortly after birth. However, there are some genetic factors that don’t cause cerebral palsy themselves, but whose side effects may increase the risk of an infant developing cerebral palsy.

For example, some people are genetically predisposed to premature births. Babies that are born too early are more likely to suffer brain damage that could develop into cerebral palsy. If the mother is genetically predisposed to preeclampsia or breech births, these birth complications could also potentially result in brain damage to the child that could make cerebral palsy more likely.

However, babies can also suffer brain damage in ways that have nothing to do with the mother. For example, infants who suffer head injuries, such as in a car accident, or serious infections that reach the brain could also be at risk of developing cerebral palsy, even if they didn’t have any symptoms before or after birth.

In some cases, cerebral palsy can be the fault of negligent healthcare providers. For example, an obstetrician, nurse, midwife, or other healthcare provider could directly cause head injury to the infant during delivery by being overly forceful with forceps or a vacuum extractor. They could also fail to diagnose a serious condition, such as an infection during pregnancy or a complication during delivery, that could have been treated or mitigated if it had been caught sooner.

When this happens, the negligent healthcare provider can be held legally liable for your family’s financial damages and emotional suffering.

How Do I Know If My Child Has Cerebral Palsy?

Babies who suffer from cerebral palsy are often slow to reach key milestones, such as lifting their head, rolling over, sitting up, crawling, walking, and talking. They will also likely have problems with anything that involves fine motor control, such as clapping or holding objects.

You might also notice that your baby’s limbs feel either especially stiff or very floppy, and they may have muscle spasms. These could be symptoms of cerebral palsy.

How Does Cerebral Palsy Affect Children?

Children with cerebral palsy suffer from weakness in the limbs, poor muscle tone, and difficulty with balance and coordination. This means they usually have extreme difficulty functioning independently and performing everyday tasks, including walking, dressing themselves, feeding themselves, and potentially even speaking.

They will likely require lifelong care and treatment, including physical therapy and adaptive devices such as wheelchairs, which are often more than a family can afford without help.

That’s why, if you suspect your child’s cerebral palsy may be the fault of someone else’s negligence, you need to consider filing a birth injury claim to get the compensation your family and your child will need to live a happy and healthy life in spite of their diagnosis.

A birth injury lawsuit can help cover the cost of all past and future medical treatment related to your child’s cerebral palsy, compensation for future income if they are unable to work, and any pain and suffering resulting from their condition.

We Help Families Affected by Birth Injuries

Welcoming a new child is supposed to be a joyous moment, but when that child is the victim of a birth injury, it can turn your life upside down. And when birth injuries are the result of a healthcare provider’s negligence, they deserve to be held accountable for the harm they’ve caused.

At Joye Law Firm, we stand up for families affected by cerebral palsy and other birth injuries. Contact our team of experienced South Carolina birth injury attorneys today for a free case evaluation.

The post What Causes Cerebral Palsy? appeared first on Joye Law Firm.

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