What to Do if Someone is Tailgating You

Tailgating or following too closely behind another car is dangerous behavior, and often a form of road rage. It can easily lead to rear-end collisions and injury accidents.

In South Carolina, 3,494 people were injured in 2019 by drivers following too closely. Since this bad habit is so widespread across the state, it’s helpful to understand what to do if someone is tailgating you on the road to avoid an injury accident or road rage incident.

The Dangers of Tailgating

Drivers on the road must ensure that they leave enough space between their vehicle and the vehicle in front of them to avoid collisions when stopping suddenly. When another driver follows too closely behind you (also known as tailgating), they fail to provide enough distance to stop safely, potentially leading to a rear-end accident if you suddenly need to slow down or stop.

The hazards of tailgating-related collisions are often underestimated. According to the National Highway Traffic Safety Administration, close to a third of all rear-end crashes in 2019 injured at least one person, and 7.1% proved fatal.

Who is Liable for a Crash Caused by Tailgating?

In South Carolina, courts and insurance companies use an “at-fault” doctrine to determine who is liable for a car accident. This doctrine indicates that the driver who caused the accident is responsible for covering any resulting damages.

Sometimes both drivers are partially at fault for a crash. For example, one was speeding while the other was driving distracted. For these cases, South Carolina uses modified contributory negligence to decide who is liable. Under this doctrine, you can seek damages from the at-fault driver as long as you are less than 51% responsible for the accident. If the court finds that you are more than 50% responsible for the cause of the crash, you cannot seek damages against the other driver.

Typically, the driver who was tailgating is held liable for the subsequent car accident. Their insurance is responsible for paying out damages, and you can pursue a claim against the driver to recover accident-related costs like medical bills, property damages, and lost wages.

However, determining fault isn’t always so cut and dry. In a tailgating case, the other driver may claim you acted aggressively by slamming on your brakes. They may also claim you were texting or not wearing a seatbelt to show you are partially at fault for your injuries. Working with an experienced attorney can help you navigate the state’s contributory negligence statute. Your lawyer can gather evidence to disprove these claims and win you maximum compensation.

What Should I Do if Someone Tailgates Me?

It’s unlikely that you would be considered at fault if someone rear-ends you while tailgating. However, knowing the actions to take if someone is tailgating you can help if you make an accident claim, or potentially even prevent the accident altogether.

Keep Calm

Tailgating can be aggravating, but resist the urge to retaliate or act aggressively. Don’t slam on the brakes, shout out your window, or make rude gestures, as these actions may escalate the situation.

Give the Other Driver Space

Avoid “brake-checking” or aggressively pumping your brakes when a tailgater is following you, as this can cause them to hit you and potentially injure you. Instead, when it’s safe to do so, change lanes to give them space to go past you. Don’t speed up to make them happy if it means breaking the speed limit.

If you need to brake or slow, softly tap your brakes before coming to a stop. This will trigger the brake lights and give the tailgater a chance to slow down and avoid colliding with you.

Contact Police About Dangerous Drivers

In some cases, tailgating can be malicious. Road rage, for example, may lead another driver to follow you too closely. They might have deliberate intent to hit, aggravate, or intimidate you.

Tailgating can also be caused by drunk driving, as the driver may be too impaired to realize how closely they’re following. Drunk driving is risky for everyone, including the driver. The Insurance Institute for Highway Safety reported that 33% of South Carolinians killed in car accidents had a blood-alcohol concentration (BAC) of 0.08% or greater.

If you suspect that the driver tailgating you is under the influence of substances or trying to aggravate or harm you, call the police or have a passenger do so. Explain the situation to the police and give details to help them locate the driver, like the tailgater’s license plate number, car model and color, and location.

Contact Joye Law Firm for a Free Consultation

Interacting with a tailgating driver can cause anxiety and stress. If that interaction ends in a rear-end collision, you may incur expensive medical bills and lost wages. Contact the Summerville auto accident lawyers with Joye Law Firm to help you understand your legal options after a tailgating accident and how to seek compensation.

Call our offices today to schedule a free consultation. We can review your case and provide the legal counsel you need to ensure that you get a fair settlement.

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What Is the Statute of Limitations for a Personal Injury Claim in South Carolina?

South Carolina law gives a person who has been injured by another party’s action or inaction three years in most situations to file a lawsuit seeking compensation for their injuries, financial losses, and pain and suffering. If the claim is against a governmental entity, the injured party typically has two years to act.

The deadline to bring a claim is known as the statute of limitations. A statute of limitations is applied to legal claims based on the belief that evidence and witnesses’ memories degrade over time, and a deadline promotes the timely resolution of claims.

What is more important to understand about South Carolina’s statute of limitations is that it means you should seek guidance from a personal injury lawyer about your legal rights as soon as possible after someone has harmed you. It takes months to investigate an accident, obtain records, deal with insurance companies, and prepare a personal injury lawsuit. In many instances, it takes much of the time allowed under the statute of limitations.

Get Free Legal Advice and Timely Action on Your Claim

At Joye Law Firm, we can answer your questions about a personal injury claim in a free, no-pressure legal consultation. If we see a way to move forward with a claim on your behalf, we will offer to handle it with a contingency arrangement. You will not owe us any legal fee unless we recover compensation for you. In other words, we only get paid if you get paid.

Promptly contacting an experienced Joye Law Firm personal injury attorney is the best way to protect your rights if someone in South Carolina has left you with serious injuries, hospital bills, and other losses. The attorneys at Joye Law Firm have been seeking just compensation for accident and injury victims since 1968. We serve clients across South Carolina and have offices in North Charleston, Myrtle Beach, Clinton, Columbia, and Summerville.

Don’t wait if you believe that you may have reason to pursue a personal injury claim in South Carolina. Contact us now for free legal advice.

Types of Injuries Covered by the S.C. Personal Injury Statute of Limitations

The law stating South Carolina’s statute of limitations on personal injury claims is found in SC Code § 15-3-530(5) (2012). The legal language says actions for recovering compensation shall start within three years if the claim is about “assault, battery, or any injury to the person or rights of another,” unless a different limit is stated in another statute.

This statute of limitations for personal injury lawsuits applies to cases involving another party’s negligence or criminal conduct that leads to accidents such as:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Pedestrian accidents
• Dog bite injuries
• Slip and fall injuries
• Nursing home abuse
• Criminal assault, such as allowed by negligent security.

In a personal injury lawsuit, the injured party must establish that:

• The party at fault owed the plaintiff a duty of care
• The defendant, by negligence or intent, failed to meet their duty of care
• The defendant’s action or failure to act is the most closely related cause of the person’s injury
• The plaintiff suffered harm that can be made better through compensation

In a car accident claim, our attorneys would seek to show that the defendant failed to meet their responsibility to comply with traffic safety laws by speeding, driving while distracted, or taking some other unsafe action. We would seek to show that unsafe driving resulted in the car accident that caused the plaintiff’s injury such as a traumatic brain injury (TBI).

In addition to the head injury, a person injured in a car accident also would sustain harm through having significant medical expenses, loss of income, car repair bills, and pain and suffering. The lawsuit would demand an amount of compensation to cover our client’s losses and make our client financially whole.

What Are Exceptions to The Statute of Limitations in South Carolina?

Various state statutes establish exceptions to the three-year deadline for personal injury claims. They include:

• Medical malpractice. A separate statute allows patients injured by medical malpractice more time to file lawsuits if a medical error was only discovered long after it occurred and certain other conditions are met. An example would be the discovery of a surgery tool accidentally left in a patient’s body.
• Workplace injuries. Most individuals who are injured while on the job are covered by the rules of South Carolina’s workers’ compensation system. Injured workers must file a workers’ compensation claim within two years of the date of their injury or the discovery that a work injury has occurred or the diagnosis of an occupational illness.
• Children’s injuries. Children generally have until they turn 19 years old to sue for harm suffered in childhood accidents. In claims based on sexual abuse or incest, the plaintiff has six years from when they turn 21 years old or three years from when they realize their injury and the causal relationship between the injury and the sexual abuse or incest, whichever occurs later.

Why the Statute of Limitations on Personal Injury Claims Matters

Two or three years to file a lawsuit may seem like plenty of time, but it goes by faster than you might think. A disputed claim typically has complicating factors that must be addressed.

A disputed claim requires us to investigate and compile evidence that supports what you will assert in the lawsuit – evidence that what the defendant did or failed to do caused your injury. We must be ready to rebut any claims the defense makes.

To accurately calculate what compensation you are owed, we must wait until you have completed all medical treatment, including any rehabilitation you require. For a serious injury, this may take a year or longer.

Before filing a lawsuit, we typically conduct an investigation of your injury and file your claim with the defendant’s insurance company. The insurer will pay any settlement or jury award in most cases. The insurer must be allowed time to review your claim and conduct their own investigation. They may deny the claim, or offer a settlement for less money than we demanded. This may lead to settlement negotiations, which some insurers use as a way to try to run out the clock on the filing deadline.

It is always better to start work on a personal injury claim as soon as possible so there is no undue pressure. Our attorneys keep track of how the statute of limitations applies to your case and will make sure your case is filed in a timely fashion.

Contact Our S.C. Personal Injury Lawyers Today

Contact Joye Law Firm as soon as you are able if you have been seriously injured in an accident that was someone else’s fault. We do not charge for an initial consultation and handle personal injury claims on a contingency fee basis. We do not charge legal fees unless we recover compensation for you.

Our personal injury attorneys have been helping South Carolina accident victims like you for more than 50 years. Please call us at 888-324-3100 or contact us online today to schedule your free case review.

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How to Stay Out of Other Drivers’ Blind Spots on Your Motorcycle

Bikers need to be aware of all potential hazards on the road. That’s because the consequences of a minor collision on a motorcycle can be much more severe than in a car. According to the National Highway Traffic Safety Administration, motorcycle riders are 4 times more likely to suffer injuries and 28 times more likely to die in a collision than people in passenger vehicles.

Many motorcycle fatalities occur when drivers fail to check their blind spots for motorcycle riders. If drivers don’t check before changing lanes, they may cause serious injury to motorcyclists riding alongside their vehicle.

As a rider, you can minimize your risk of a blind spot accident by anticipating errors from other drivers and practicing safe motorcycle riding habits. If you’re involved in a motorcycle accident that wasn’t your fault, contact our experienced Myrtle Beach motorcycle accident attorneys to recover the compensation you’re owed.

Where Are Blind Spots?

Vehicle windows and mirrors are carefully designed and positioned to maximize the driver’s field of vision. In 2018, the federal government began requiring vehicles to have rear cameras and sensors to help with parking and lane changing. Despite these measures, all vehicles still have blind spots that the driver can’t see through their mirrors or while in a forward-facing position.

These blind spots are usually along the side of the vehicle, just outside the driver’s line of sight. In large SUVs and trucks, blind spots can extend beyond the vehicle’s rear. The bigger the vehicle, the larger the blind spot.

Before lane changing or adjusting their road position, responsible drivers should check their blind spots for motorcyclists or other vehicles. However, many drivers fail to thoroughly assess their blind spots before moving, making it necessary for motorcycle riders to act carefully when approaching a vehicle’s blind spot.

Blind Spots on Cars

Motorcyclists should avoid spending more time than necessary in a vehicle’s blind spot. When trailing a standard passenger car, like a sedan or hatchback, the main areas to avoid are directly alongside the vehicle or just to the rear of the vehicle while in the adjacent lane.

Blind Spots on Big Trucks

A semi-truck or 18-wheeler has two large blind spots along either side of the vehicle, a continuous blind spot surrounding the cab, and another at the immediate rear. If possible, motorcycle riders should stay clear of the side of a semi-truck; however, if you must overtake a commercial truck, ensure you use safe passing procedures.

When trailing a semi, a motorcyclist should maintain distance, keeping at least one of the truck’s side mirrors in view at all times. If you can’t see the driver in their side mirror, they likely can’t see you, so maneuver into a position that maximizes your visibility.

How to Pass Vehicles Safely

Visibility is crucial for motorcyclists when performing certain maneuvers, like overtaking. The first step for safe passing is to signal early and move into the left-hand lane before entering the driver’s blind spot. Next, pass through the blind spot quickly but safely, without delay.

After clearing the blind spots, continue moving forward to create at least two car lengths of distance between yourself and the other vehicle before merging back into their lane. Avoid reducing your speed to maintain a safe gap. Lane splitting or snaking is illegal in South Carolina, so do not attempt this maneuver when overtaking another vehicle.

Other Tips to Increase Visibility

Increasing your visibility to other motorists can help you stay safe and prevent injuries from collisions. You can increase your visibility to other drivers by:

• Wearing high-visibility safety gear (jacket, helmet, and gloves)
• Placing reflective tape on your clothing, motorcycle wheels, side panels, and front suspension
• Riding with your lights on, even in the daytime
• Installing auxiliary lights on the front and rear of the bike

Seek Counsel from a South Carolina Motorcycle Accident Attorney

Despite practicing safe driving habits and taking additional precautions, you may suffer injuries due to the actions of a careless driver. If a negligent motorist harms you in a motorcycle collision, contact the skilled attorneys at Joye Law Firm as soon as possible.

Injured riders often face an unfair bias after an accident, bearing the brunt of the blame from law enforcement, insurance adjusters, and juries when filing a lawsuit. At Joye Law Firm, we help motorcyclists overcome these challenges and know how to build a strong, evidence-based claim for our clients. Work with our attorneys to ensure you receive fair treatment during the claims process.

Contact us today to schedule a free consultation to learn your legal options and protect your right to fair compensation.

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Who is Liable for Boating Accidents in Bad Weather?

Boating is a popular recreational activity in South Carolina, with thousands of people taking to the state’s lakes, rivers and shores every year. However, weather conditions can often shift abruptly, and failing to stay informed and take the necessary precautions can result in injuries and death.

Victims of boating accidents from bad weather may believe that they have no path to compensation since it’s an “Act of God.” However, the lawyers at Joye Law Firm can help determine if another party is legally responsible and, if so, to seek compensation for your injuries.

Can All Boating Accidents in Bad Weather Be Attributed to “Acts of God?”

Every year, hundreds of people die in boating accidents. In 2020, 767 people died in boating accidents in the United States, while 3,191 suffered injuries. South Carolina experienced 146 boating accidents and 14 fatalities in 2019.

Some of these accidents occur during bad weather, leading some to suggest that they result from what insurance companies call “Acts of God.”  This term refers to a sudden, seemingly uncontrollable event that causes injury or damage to property.

While it is true that some accidents occur due to factors beyond a boat operator’s control, such as unpredicted storms or sudden large waves, the vast majority result from human error. Even in stormy weather, a negligent party may cause your boating injury and be liable for damages you incur.

Potentially Liable Parties

In a boating accident due to bad weather, one or more of several parties may be held liable for your injuries. Potentially liable parties include:

The Boat Owner/Boating Company

In the case of a boating accident, the vessel’s owner may be liable if the accident occurred during bad weather conditions. The owner is responsible for ensuring that the vessel is seaworthy, capable of handling rough weather conditions, and has all the necessary equipment, including navigation lights, flares, a horn or bell, and fire extinguishers.

If the owner fails to ensure the vessel is up to code and outfitted for all weather conditions, they can be liable for damages or injuries.

The South Carolina Department of Natural Resources also suggests boat owners check the weather before letting their boat leave the dock. If a business such as a cruise ship, merchant marine company, or even a boat rental company ignores information about impending bad weather that could pose a danger and an accident occurs, they can be liable for injuries and property damage. Fault results because boat owners have a duty to ensure the safety of their passengers and crew.

The Operator

The operator must ensure the boat has appropriately sized lifejackets for every passenger aboard, as well as at least one throwable floatation device if the boat is longer than 16 feet. If the operator fails to take this precaution, they may be liable for damages if a passenger falls or is swept overboard in bad weather.

The operator may also be liable if they continue to operate the boat in bad weather after being warned by the Coast Guard or other authorities that bad weather is approaching. The operator is responsible for the safety of their passengers, just like the driver of a car is for their passengers.

Maintenance Provider/Manufacturer

If a boat is poorly maintained, it may be unable to hold up in a storm. For example, having a clear fuel line and functional air filter is essential to the boat’s ability to generate and maintain the necessary power to navigate stormy waters.

If a manufacturer’s specifications and safety features fail to protect the passengers in a storm, the liability may extend to the company that produced the vessel.

The Coast Guard

The U.S. Coast Guard is responsible for the safety of maritime navigation and protecting the marine environment. As with other military branches, the Coast Guard enjoys the federal government’s sovereign immunity from most civil lawsuits. However, the Coast Guard is not immune from liability for its actions or failure to take proper action if you can prove they breached of their duty of care.

For example, if the Coast Guard negligently injuries someone during a botched rescue attempt,the victim may be able to sue the Coast Guard under the what is known as the Suits in Admiralty Act and/or The Public Vessels Act.

The Importance of Hiring a Personal Injury Attorney to Prove Fault

Proving fault in a boating accident case can be difficult, especially if the accident occurred in bad weather. A knowledgeable personal injury attorney can collect evidence, help you build your case, and navigate South Carolina’s complex boating laws on your behalf.

Once they determine the liable party, your attorney will work to secure compensation for your injuries. This may involve negotiating with insurance companies or filing a lawsuit.

Recover Compensation for Your Boating Accident Injuries

Whether the boat operator failed to detect stormy weather or made poor choices in response to storm warnings, bad weather does not absolve them of liability. Your injuries can require costly medical treatment and keep you from earning income, and you deserve to receive compensation.

Contact the South Carolina boating accident lawyers at Joye Law Firm to hold the negligent party accountable for your injuries and recover a fair settlement so you can move on with your life.

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How the Value of Your Workers’ Comp Claim Is Determined in South Carolina

A few years ago, ProPublica published a report on how states compensate workers if they get hurt on the job and lose the use of a body part. As the report notes, it is truly a “patchwork of laws.” Workers’ compensation benefits vary from state to state. For instance, the amount you may receive if you lost the use of your arm in a work accident in North Carolina could be very different from the amount you could get in a workers’ comp claim in, say, Ohio or Texas.

Here, we look at how you would calculate the potential value of your workers’ compensation claim in South Carolina if you lost the use of a body part. We encourage you to also check out our video on this topic which features Patrick L. Jennings, one of our experienced South Carolina workers’ compensation attorneys at Joye Law Firm.

As Patrick explains, you should always talk with a lawyer about your case. The lawyer will help you to understand your rights and the potential value of your workers’ compensation claim. Above all, the attorney will work hard for you and pursue the maximum benefits that South Carolina law entitles you to receive for your work injury.

What Is Your Average Weekly Wage?

To determine the value of your workers’ compensation claim, you must first consider how much money you were earning at the time of your work-related injury. In particular, you must look back to your gross earnings – before taxes – over the four fiscal quarters that immediately preceded the quarter when you got hurt on the job. Then, you will calculate the weekly average of those earnings. South Carolina Workers’ Compensation Law calls this figure your “average weekly wage.”

Your average weekly wage determines how much you will receive in weekly workers’ compensation disability benefits, or “lost wage benefits.” If you suffer from a total disability, you can receive two-thirds of your average weekly wage, or to be more specific, 66 and two-thirds percent.

However, two exceptions apply to this rule. First, if your average weekly wage comes out to less than $75 per week, you will receive your full average weekly wage. You will not be subject to the two-thirds cap. Second, South Carolina limits how much you can receive in weekly lost wage benefits. The cap changes each year. For instance, in 2021, the maximum weekly rate was $903.40. In 2022, it is $963.37 for injuries arising on or after January 1, 2022. So, even if two-thirds of your average weekly wage exceeds the maximum rate, you cannot receive pay that is higher than that rate.

What Body Part Did You Injure on the Job?

Additionally, you need to consider the specific body part that you hurt on the job. If you injure certain body parts, South Carolina law will put a limit on the number of weeks for which you can receive workers’ compensation benefits. The law basically puts these injuries on a “schedule.” You can find the complete schedule in S.C. Code § 42-9-30.

Some examples are:

• Thumb 65 weeks
• Eye 140 weeks
• Hand 185 weeks
• Leg 195 weeks
• Arm 220 weeks
• Hip 280 weeks

Keep in mind: For amputation injuries, the schedule determines the maximum number of weeks in which you can receive benefits and you will typically receive them for that entire period.

In most other cases involving a permanent injury, the injured worker’s doctor assigns an impairment rating to the affected body parts and that is where settlement negotiations start. For example, if the doctor assigns someone a 10% impairment of the arm, the value of that rating would be 22 weeks of benefits (10% of 220 weeks).  However, there are many things that an experienced lawyer can do to help increase this amount, including considering scheduling an independent medical examination by a doctor with no ties to the insurance company.

A lawyer from Joye Law Firm can help you to fight for what you deserve.

What Is the Extent of Your Disability and MMI Rating?

Finally, you must consider the extent of your disability and how it will permanently affect your ability to work as you move forward. As noted above, one key factor in this determination will be the impairment rating that a doctor assigns to your injury.

In South Carolina, a doctor will give you an impairment rating after determining that you have reached “maximum medical improvement”. The MMI rating that the doctor gives you can be based on a variety of factors, although most doctors opt to rely on an impairment rating guide published by the American Medical Association.  Even the doctor’s choice of an A.M.A. guide can be an issue (there are several editions). Many states have specifically rejected the use of the 6th edition for workers’ compensation awards because of its complexity and the fact that some of its ratings (especially for spine injuries) are considered to be unfairly low.

However, your impairment rating is only one factor that will go into determining the extent of your disability. Your age, education, training, and work experience should also serve as factors.

Contact Our South Carolina Workers’ Compensation Lawyers for Help

If you suffer any type of injury on the job in South Carolina, you should see a doctor as soon as possible – for the sake of your health and for the sake of your workers’ compensation claim. You will need to document the injury. Additionally, throughout the course of your workers’ compensation case, you should make sure to follow your doctor’s orders and stick to your treatment plan. Remember: Workers’ compensation benefits should cover all medical expenses that are necessary and related to your work injury.

Additionally, don’t wait to contact Joye Law Firm. Our South Carolina workers’ compensation lawyers will provide a free review of your case, with no strings attached. For more than 50 years, we have fought for injured workers throughout South Carolina. You can count on us to fight for you, too. 

About The Author

Ken Harrell 

Ken Harrell joined Joye Law Firm in 1994, and has been the managing partner since 2006. With 30 years of experience, he protects the rights of injured South Carolinians, including cases involving workers’ compensation, car accidents, and defective products. Ken also leads the firm’s referral practice, helping to ensure that our clients receive the best possible representation. He is a past president of South Carolina Injured Workers’ Advocates and has served as the co-chairman of this organization’s legislative affairs committee for 12 years.

The post How the Value of Your Workers’ Comp Claim Is Determined in South Carolina appeared first on Joye Law Firm.

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Can a Spinal Cord Injury Heal?

A spinal cord injury (SCI) often causes irreparable damage to the victim’s quality of life. An SCI interrupts the nervous system communication between the brain and spinal column, resulting in paralysis or loss of bodily function. If you have suffered an SCI, you may require lifelong rehabilitative care.

Read on to learn more about spinal cord injuries and whether they can heal. If you suffer a spinal cord injury in an accident due to someone else’s negligence, contact the attorneys at Joye Law Firm to learn your legal options for compensation.

How Common Are Spinal Cord Injuries?

According to the American Association of Neurological Surgeons (AANS), approximately 17,000 Americans each year suffer an SCI. The AANS names motor vehicle accidents as the leading cause of SCIs in people under 65, while falls are the leading cause for people over 65.

Types of Spinal Cord Injuries

SCIs fall into two subcategories: complete spinal cord injuries and incomplete spinal cord injuries.

A complete spinal cord injury results in a total loss of motor control and sensation below the injury location. An incomplete spinal cord injury lets the affected individual maintain a degree of motor function or sensation below the injury site.

SCIs are also characterized by location. These categorizations include:

Cervical Spinal Cord Injury

This region of the spinal cord is located above the shoulders. Cervical spinal cord injuries are the most severe and often result in loss of function. Individuals who suffer from cervical spinal cord injuries will typically require round-the-clock care to perform basic daily functions.

An injury to the C1 or C2-level spinal cord is often fatal, while injuries at the C3 or C4 level often result in quadriplegia or full paralysis. Individuals who suffer from a spinal cord injury between the C5 and C8 levels can sometimes restore their speaking, breathing, and movement functions to some extent, depending on the severity of the injury.

Typically, injuries to the C5 level are the most severe in this range of vertebrae, with the severity gradually decreasing as the injury moves lower in the spine. Cervical SCIs are most often caused by trauma from sports injuries, auto accidents, and falls.

Thoracic Spinal Cord Injury

The thoracic spine is the region that runs through the torso and chest. Injuries to T1 through T5 levels lead to impaired function of the abdominal muscles and the muscles involved in breathing.

Injuries to the T6 through T12 levels affect posture and balance. Thoracic injuries commonly result in paraplegia, though patients may maintain function in their arms and hands. Auto collisions and falls typically cause these SCIs.

Lumbar Spinal Cord Injury

The lumbar is the portion of the spine that influences the lower body. Injuries to the lumbar spine usually cause loss or deterioration of function in the legs, hips, and abdominal muscles, though affected individuals may maintain upper body functionality.

Injuries to the lumbar spinal cord may be caused by trauma, such as accidents or falls.

Sacral Spinal Cord Injury

Injuries to the sacral portion of the spinal cord, located at the base of the spine, affect the posterior lower-body muscles, hips, and pelvic organs. These SCIs are often due to surgical complications, vehicle accidents, and falls.

The severity of a spinal cord injury is graded on an American Spinal Injury Association (ASIA) scale. As the injury moves up the scale, the likelihood of recovery diminishes.

• ASIA A: Complete spinal cord injury; no sensory or motor function remains.
• ASIA B: Incomplete spinal cord injury; the patient has no motor function.
• ASIA C: Incomplete spinal cord injury; some motor function remains, but less than 50% of the affected muscle groups can lift against the force of gravity at a full range of motion.
• ASIA D: Incomplete spinal cord injury; more than half of the affected muscle groups can lift against the force of gravity at a full range of motion.
• ASIA E: Normal function remains.

The spinal cord is composed of highly specialized cells, and some of these cells are incapable of splitting and reproducing. This fact makes a full recovery from a severe SCI unlikely. While full recovery is rare, patients can sometimes regain partial function from treatment like long-term intensive physical therapy or surgery to reduce chronic pain symptoms.

Hiring a Lawyer After a Spinal Cord Injury

SCIs are unlikely to improve and often result in loss of function, severely impacting your quality of life and ability to work.

Hiring a South Carolina spinal cord injury lawyer with significant experience is vital if you have suffered from a spinal cord injury. The skilled attorneys at Joye Law Firm will fight to get you the compensation you need in the aftermath of a life-changing spinal cord injury.

Our knowledgeable spinal cord injury lawyers know how to calculate a fair settlement amount for your injuries. We will base your damages on medical records, current and future treatment needs, lost wages, and pain and suffering caused by the accident.

Call Joye Law Firm today to schedule a free consultation and get started on the path toward restitution.

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from Joye Law Firm https://www.joyelawfirm.com/2022/09/can-a-spinal-cord-injury-heal/
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What You Need To Know About Contaminated Water at Camp Lejeune

Ken Harrell, the managing partner of Joye Law Firm, recently appeared on WCIV ABC News 4 Lowcountry Live to discuss the Camp Lejeune Justice Act and the new legal rights available to people harmed by contaminated water at Camp Lejeune.\

Between the 1950s and 1980s, millions of Marines, family members, and civilian workers at Camp Lejeune were exposed to drinking water contaminated with industrial chemicals. The toxic chemicals have been linked to numerous types of cancer, progressive neurological diseases, infertility, birth defects, and miscarriages.

A new law passed by Congress and signed by President Biden allows anyone who was at Camp Lejeune for at least 30 days between 1953 and 1987 and later diagnosed with a serious health condition to seek significant monetary compensation for the harm they suffered. Many veterans in South Carolina spent time at Camp Lejeune and later in life developed serious medical conditions.

Joye Law Firm offers a free screening to help you understand whether you or a loved one may be eligible to file a claim for compensation, under the Camp Lejeune Justice Act. If so, our attorneys can help you pursue justice through a Camp Lejeune contaminated water lawsuit. Call us for a free case review.

What Caused the Water Contamination at Camp Lejeune?

Two underground wells used to supply drinking water at Camp Lejeune had high levels of certain industrial chemicals found in dry cleaning fluids and in industrial solvents used as degreasers for large machinery.

The improper disposal of chemicals by a dry cleaner located adjacent to Camp Lejeune accounted for a significant source of the contamination in wells supplying the Tarawa Terrace water system.

There were also leaks from underground fuel tanks and chemicals dumped on the base. The chemicals went through the sandy soil at Camp Lejeune and into the underground aquifers that supplied water to the water plants serving the base.

Contaminated water supplied by the Tarawa Terrace and Hadnot Point water treatment plants served enlisted family housing, offices, barracks for unmarried service members, schools, and the base hospital.

“In some cases, I’d say the water was basically poisoned because the chemicals were so dangerous and at such a high level,” Ken Harrell said in the WCIV Lowcounty Live interview.

What Types of Injuries Has the Contaminated Water at Camp Lejeune Caused?

Ken Harrell said a whole host of health problems have been linked to the chemicals found in Camp Lejeune water. Anyone who spent time at Camp Lejeune and has developed any type of cancer should contact an attorney to review whether filing a Camp Lejeune claim is appropriate.

According to the Agency for Toxic Substances and Disease Registry, exposure to the hazardous chemicals found in Camp Lejeune drinking water has been linked to numerous cancers and serious health conditions including:

• Adult Leukemia
• Bladder Cancer
• Breast Cancer
• Cervical Cancer
• Esophageal Cancer
• Kidney Cancer
• Liver Cancer
• Lung Cancer
• Ovarian Cancer
• Stomach Cancer
• Multiple Myeloma and other Myelodysplastic syndromes
• Aplastic Anemia and other bone marrow conditions
• Parkinson’s Disease
• Renal Toxicity
• Neurobehavioral effects

Exposure to toxic chemicals also is associated with elevated rates of miscarriages, infertility, birth defects, and still-born babies.

“They had so many stillbirths at Camp Lejeune that they created a separate cemetery that they refer to as Baby Heaven,” Ken Harrell said. “That gives you some idea of how widespread this problem was.”

Were You Affected by This Contaminated Water?  

You may not have associated your medical condition or your loved one’s cancer diagnosis with having spent time at Camp Lejeune decades ago. But there may be a connection. In many cases, exposure to toxic chemicals causes disease later in life.

You may have incurred significant medical expenses and suffered pain and anguish as a result of your health condition or the loss of a loved one who developed cancer or another progressive disease.

To be eligible to seek compensation, a person must have been at Camp Lejeune between August 1, 1953, and December 31, 1987, for at least 30 days. The 30 days do not have to have been consecutive.

Ken Harrell said building a strong case for compensation will involve obtaining records showing military service, residency, or employment at Camp Lejeune and getting medical experts who can review your records and offer testimony that your health condition was in all probability caused by the toxic chemicals in the Camp Lejeune water.

The Camp Lejeune contaminated water claims process will involve submitting a claim to the Department of the Navy and may entail filing a lawsuit in federal court. The lawsuits will be individual lawsuits, not a class action lawsuit. The new law allows two years to file the lawsuits. 

“It’s a very complicated process,” Harrell said. “First you have to go through the claim process with the Department of the Navy. You need to make sure you have all the right information when you file this claim with the Navy.”

It’s best to seek the help of a knowledgeable lawyer who understands the types of records needed to build a persuasive case.

Schedule A Free Case Review with a Camp Lejeune Lawyer

If you or a loved one was at Camp Lejeune between 1953 and 1987 and you then developed any significant health problems, call Joye Law Firm for a free case review. It’s important to understand your rights and whether you are eligible to seek compensation through a Camp Lejeune contaminated water lawsuit.

Don’t delay seeking a case screening.

“It doesn’t cost you a dime to get your claim screened,” Ken Harrell said. “There is zero financial risk to you. You will not owe us a penny unless we are able to obtain a recovery for you.”

Joye Law Firm has been serving people in South Carolina for more than 50 years and has a long record of favorable case results. Our results show our experience handling complicated cases and the effort we make to achieve a positive outcome for our clients. Joye Law Firm is proud to help veterans and their families pursue justice.

Call us at 888-324-3100 for a free Camp Lejeune contaminated water case review.

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