Author: davidlhood

Categories
Personal Injury Attorney in South Carolina

Video: Do I Have a Personal Injury Case
in South Carolina? Part 1

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Video Transcription

Hi, I’m Attorney David Hood and I’ve been practicing law throughout South Carolina for over 30 years. In our practice, we’ve handled a lot of personal injury cases and accident cases, and people ask the question almost every time: Do I have a good case? We’re going to dive into that for you right now.

Do I have a good case?

If you have been injured in an accident you might be wondering whether you have a strong case. The answer is “it depends”. I’m going to talk to you about factors we consider, to determine whether or not you have a strong potential personal injury case.

Liability

Number 1 is liability. Liability is basically fault. Proving “liability” (that the other person caused the accident, not you) is the first and biggest hurdle in your case. This is especially true in smaller personal injury cases. Insurance companies have no fear whatsoever about rejecting claims in small cases in which there are serious questions as to liability. To put it another way, if the defendant’s fault or responsibility is unclear, then so is your chance of achieving a favorable outcome in your case.

Damages

The second factor is damages. Liability can be clear, but if there are no damages, then you have no case. Damages are the harm that was done to you in the accident, including your past and future medical bills, as well as your pain and suffering and out of pocket loss. Even in the earlier stages of your case, you probably have some idea as to how severe your injuries are. Cases involving broken bones, which show on x-rays are relatively easy, but soft tissue cases, such as neck and back strains, are more difficult because they don’t easily show on x-rays or MRI’s.

Ability to Pay

Number 3 is the ability to pay. Does the potential defendant have the ability to pay? If not, you and your attorney may invest a good deal of time, money, effort and emotional energy in the case, but never see a penny in return. Either some type of insurance must cover the incident, or the defendant must have personal assets like property that could be sold to pay the judgment.

Will the Jury Like You?

Number 4, will the jury like you? Will jurors empathize with your situation? On the other hand, what kind of person is the defendant? Will the jury like the defendant? There are some “bad defendants” – the drunk driver, the tire squealer, or the bully. If you have an unlikeable defendant, your settlement range goes up. But even more importantly, if the jury doesn’t like you or doesn’t believe you, your settlement range goes down.

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Categories
Medical Malpractice Lawyer

What Happens When the Pharmacy Gives You the Wrong Medication?

Getting the wrong medication from the pharmacy and suffering serious harm sounds like a nightmare, but it’s shockingly common:  according to the U.S. Food and Drug Administration (FDA), medication errors cause at least one death every day and injure about 1.3 million people annually in the United States. So what happens when a medication error puts your health and well-being in jeopardy? Do you have any legal recourse against the pharmacy or the person who made the mistake? In this article, we’ll answer those questions and go over the basics of pharmacy malpractice law so you know what to do if a prescription error hurts you or someone you love.

How Medication Errors Happen

Although most people will look to the pharmacy for responsibility when a medication error happens, things can go wrong at any step in the complex process of prescribing and dispensing drugs. Harmful medication errors can occur when a doctor prescribes a drug, when the pharmacy repackages or dispenses it, or when a medical professional administers it or monitors the patient afterward.

Common causes of prescription errors include:

  • Poor communication between pharmacy and medical professionals
  • Confusion caused by ambiguous product names, poorly-written directions, or hard-to-decipher medical abbreviations or handwriting
  • Failure to employ proper procedures and techniques for prescribing and dispensing medications
  • Lack of product knowledge or training on the part of pharmacy staff
  • Job stress, apathy, or outright carelessness on the part of pharmacists, pharmacy staff, or other medical professionals

Because medication errors can occur in so many ways and at so many separate points in the process of prescribing and dispensing drugs, the lawsuits that result from medication errors are often complex and require an extensive understanding of the prescription drug system on the part of the attorneys who handle them.

What to Do If You’ve Been Harmed by a Medication Error

Whether a medication error constitutes pharmacy malpractice (or) or both, depends on the behavior that led to the error. If a doctor, pharmacist, or pharmacy staff member failed to follow established guidelines and practices for their field and didn’t exercise the reasonable care that’s expected of a medical professional, then they might have committed malpractice.

RELATED: 5 Common Examples of Lawsuit-Worthy Medical Malpractice

A doctor or pharmacist could have committed malpractice (depending on the context) if they:

  • Prescribed the wrong medication
  • Gave you the wrong dosage of a medication
  • Failed to take an adequate history of your health and prescription drug use
  • Didn’t warn you about all the risks associated with the medication, including potential harmful interactions between different drugs
  • Dangerously mixed different prescription drugs that shouldn’t go together

If you or someone you love has been harmed by a medication error, you may be entitled to compensation. Since your case will hinge on whether the doctor’s office or pharmacy followed accepted standards of conduct for their field, you need to work with a lawyer who understands those standards and who has the resources and experts needed to investigate your case and determine whether someone else’s negligence played a role in your suffering.

David L. Hood: Representing Pharmacy Malpractice Victims Throughout South Carolina

Prescription errors can lead to untold pain and suffering for patients, but the legal system helps victims hold the people who hurt them accountable. For pharmacy malpractice victims, Attorney David L. Hood puts together a team (with co-counsel) that has years of experience handling pharmacy malpractice cases. This accomplished team can draw from a professional network of doctors, nurses, and other medical experts who will help determine the cause of a medication mistake and provide expert testimony if medical negligence played a role in your case. If someone else’s reckless or careless behavior caused you or your family suffering, David L. Hood will fight with determination and explore every available legal option to get you the justice and compensation you deserve.

If you or someone you love has been hurt by a pharmacy error in South Carolina, contact The Law Offices of David L. Hood today to speak with an attorney and get a free, no-risk initial assessment of your case. Call us at (843) 491-6025 or fill out our easy online contact form and we’ll follow up with you right away.

Reference

Medication error reports. (2016, October 20). U.S. Food & Drug Administration. Retrieved from https://www.fda.gov/Drugs/DrugSafety/MedicationErrors/ucm080629.htm

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Categories
Motor Vehicle Accidents

What Do I Do If I Have Whiplash After a Car Accident?

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What Is Whiplash?

Whiplash injuries come from abrupt back-and-forth movement of the head and neck. Whiplash may also be characterized as a neck strain, a neck sprain, or a neck injury, but these terms can refer to other conditions as well.

The same back-and-forth motion associated with whiplash can cause other problems too, such as bone fractures, injuries to the discs of the spine, nerve damage, and injuries to the muscles and ligaments in the back.

Whiplash After a Car Accident

Whiplash after a car accident occurs most often when the car suddenly stops, like in a rear-end collision. Since the victim’s body is traveling at high speeds, the neck keeps going forward and then is quickly jerked back when the car stops.

The resulting injury is often extremely painful, although the pain does not always present immediately after experiencing a trauma. Soft tissue injuries and back strains from whiplash, especially, may take a few days to show the full range of symptoms.

Signs and Symptoms of Whiplash Injuries

Symptoms of whiplash will vary from person to person, but they may include the following:

  • Pain and stiffness in the neck, especially when trying to move
  • Decreased range of motion in the neck
  • Headaches
  • Dizziness
  • Pain in the shoulder(s) and/or upper back
  • Numbness or a tingling sensation in the arms
  • Fatigue

In more extreme or complex cases (especially those that involve a traumatic brain injury as well), victims may also suffer from other symptoms, such as:

  • Blurred or double vision
  • Tinnitus (ringing in the ears)
  • Disturbances in sleep patterns, such as feeling extremely tired (hypersomnia) or not being able to sleep (insomnia)
  • Changes in mood, such as increased irritability or suffering from depression
  • Difficulty concentrating or suffering from memory problems

Should I Seek Medical Treatment?

Getting medical treatment right away is essential after a car wreck, especially if you’re experiencing the symptoms of whiplash. Even if you aren’t suffering from any pain right away, it may be best to get checked out by a doctor. A qualified physician will be able to evaluate your condition, and they may detect signs and symptoms that you haven’t noticed yet.

RELATED: These 6 Tips Can Help You After a Car Accident

Having detailed medical records starting right after the crash will also help if you choose to file a personal injury claim to get compensation for your medical bills, lost wages for missed work, and other losses that result from your injury. Whiplash claims are often looked at with skepticism by insurance adjustors, but having proof of medical records directly after your injury will help support your claim and build a stronger legal case.

Filing a Whiplash Injury Claim

If you’re experiencing whiplash symptoms after a crash, you should contact an experienced car accident attorney like David L. Hood. During a free initial consultation, your attorney can listen to the details of your story and give you informed advice about what your best course of action is moving forward.

Unfortunately, many people don’t consider speaking with an attorney until the medical bills start to pile up or until they get a meager settlement offer from the insurance company. An experienced lawyer can still help them at this point, but it requires a lot of catch-up if they haven’t been keeping track of their medical bills and expenses. If you have not yet spoken to a lawyer, it is important to keep careful track of documents like medical bills, pay stubs, and pharmacy receipts. Any out-of-pocket expenses or other financial losses could be eligible for compensation if you have a comprehensive paper trail.

And if the insurance company offers you a settlement that doesn’t cover your expenses and meet your financial needs — or if they don’t offer you a settlement at all — then call David L. Hood for help.

David L. Hood: Helping Whiplash Victims in South Carolina

If you have been injured by another driver in a car accident — especially if you are suffering from a neck, spine, or back injury — please call The Law Offices of David L. Hood right away at (843) 491-6025 or fill out our brief online contact form. We offer free consultations where we can listen to your story and give you advice about what your best course of action is moving forward. And if you choose David L. Hood to handle your personal injury claim, our legal team will handle all the details of your case so you can focus on healing.

We aggressively pursue justice and compensation for those who have been harmed in car accidents, and if we take on your case, you do not have to pay us unless we reach a settlement or win your case in court.*

*Clients are not liable for any expenses, unless there is a recovery in their case; however, if there is a recovery in their case, clients will be liable for expenses. Attorney’s fees are based on a percentage of the recovery, which will be computed before deducting expenses.

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Categories
Motor Vehicle Accidents

These 6 Tips Can Help You
After a Car Accident

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Even if you’re a careful driver, you can still be a victim of a crash when someone else is at fault. Being in a collision often leads to pain, anxiety, and anger, and the intensity of the experience can cause people to make decisions that may not serve their best interests. 

However, if you can stay calm and level-headed after a car accident, you can ensure that you get the information you need for insurance purposes. You’ll also need this information if you want to pursue a personal injury case, which can provide justice and compensation for your injuries. If you know the right steps to take during the crucial hours and days after a car accident, then you won’t have to research them in the heat of the moment, when your mind is still reeling and you’re in pain.

With that in mind, we’ve compiled a list of six important steps to take if you are ever involved in an accident. If you follow these tips, they can have a tremendously positive impact if you decide to file a personal injury claim related to a crash. These tips can help you after a car accident:

#1: Call Emergency Personnel

You should immediately assess the situation after an accident: Are you or your passengers injured? Was there another vehicle involved? Is anyone in the other vehicle injured? If an emergency exists at the scene, call 911 right away.

Even if everyone seems okay and there are no serious injuries or medical emergencies, you should still call the non-emergency line of the police department and get a police officer to come out to the scene. Make sure nothing is removed from the site of the crash until the police arrive, as anything at the scene could constitute important evidence.

Once there, the police officer will take statements from both drivers and any witnesses. The officer might issue a citation to the driver he or she believes is at fault. However, a citation at the scene is not the “last word” on who is at fault for the accident; for this reason, you need to document the accident as best you can, as you may need to recall the information later during a deposition or other court proceeding.

When speaking with law enforcement officers or other witnesses at the scene, you should never make statements that ascribe blame for the accident, either to you or anyone else. Even if you think you were at fault for the accident, don’t apologize — you don’t have all the facts yet, and you don’t know what other factors might have caused the accident beyond your own behavior. When talking with the police, answer any questions they have truthfully and in a straightforward manner, but stick to the facts of the accident only.

#2: Document the Accident Scene

While the police will review the scene so they can write an official report, you should also gather your own documentation. Try to collect contact, license, and insurance information from the other driver. Ask any witnesses to describe what happened and provide their contact information. If possible, take photos of them at the scene so you can prove they were involved in the accident or there to see it happen.

You should also take photos of the scene itself, with a special focus on photographing any damage to the vehicles and any bodily injuries. Try to get a few snapshots that can convey the time of day, weather conditions, or any other variables that might be important, such as road conditions. Try to take photos from different angles and make sure they include landmarks (billboards, mile markers, fire hydrants, trees, etc.) so you can accurately convey distance and perspective.

Additionally, while the accident is still fresh in your mind, do your best to draw a diagram of what happened and/or write down what happened. In your account, be sure to include key facts like the location, landmarks, direction, car speed, what the other car or driver was doing, points of collision, tire marks on the road, etc.

After the police officer wraps up the accident report and you have all the information you need, you’ll be free to leave the accident scene.

#3: Make an Appointment with Your Doctor

After leaving the accident scene, make an appointment with your doctor as soon as possible. Even if you feel like you were not seriously injured and didn’t need immediate medical attention, you should see a physician to officially document your physical and mental condition after the accident.

RELATED: What Do I Do If I Have Whiplash After a Car Accident?

This is helpful for two reasons: first, a doctor will be able to expertly diagnose injuries and other issues that you may not be able to. Second, some injuries and types of pain — for example, traumatic brain injuries (TBIs) or neck and back injuries — may not seem severe right after the accident, but may worsen over time.

If you still decide not to see a doctor, understand that you’re essentially closing the door forever on receiving any compensation for your injuries. Without any medical documentation related to your accident, it’s not possible to establish damages, and filing a personal injury claim becomes a lost cause.

#4: Avoid Posting About Your Accident on Social Media

Many people today post about all major life events on social media, and the temptation to share your story on social media may be strong. However, you should avoid this urge and stay off social media as much as possible in the days after your accident, as anything you post may become evidence that’s available to the defense in your personal injury case.

Do not post any photos or updates about the car accident on social media. Better yet, don’t use your social media at all until all matters related to the accident are resolved. However, if you’ve already posted something, do not try to go back and delete it. It may be considered evidence in your case, and if so, it’s illegal to remove that post.

#5: Do Not Discuss the Accident with Insurance Adjusters

Once the other driver notifies his or her insurance company about the accident, a representative from the company may call you to get a statement about what happened. It’s important to understand that you are not obligated to speak with this person, and you should refuse to answer any of their questions until you’ve talked to an attorney. Do not discuss anything regarding the accident, your or any others’ physical status, or damage to your vehicle. Anything you say can — and likely will — be used against you in later legal proceedings.

The other driver’s insurance representative’s job is to get you to say something incriminating about yourself or your actions on the day of the crash that might have contributed to the accident. Rather than fall into this trap, contact an experienced personal injury lawyer right away if an insurance adjuster calls you for a statement.

#6: Contact a Personal Injury Attorney After a Car Accident

Dealing with insurers, doctor’s appointments, medical bills, and more after a car wreck can be overwhelming — especially if someone else was responsible for the crash. When you’ve been injured because of someone else’s negligence or carelessness, you shouldn’t have to pay for their poor decisions, and you deserve justice and compensation if their negligence led to medical bills, lost wages, and pain and suffering for you or a loved one.

Unfortunately, insurance companies — both the other driver’s and yours — only want to protect themselves, not you. After a collision, you need someone on your side. The legal team at the Law Offices of David L. Hood is here to help you manage everything related to your injury so you can focus on healing. We also know how to navigate the complicated landscape of the law surrounding your unique case, and we will fight to get a fair settlement for you or take your case to trial if needed.

The Law Offices of David L. Hood: Here to Fight for Injury Victims in Georgetown and Horry Counties and Throughout South Carolina

Here at The Law Offices of David L. Hood, we have years of experience representing injured victims in South Carolina, and we offer a free initial consultation so we can listen to your story and provide candid advice about what your legal options are. If you choose to hire us, we also work on a contingent fee basis, which means you don’t pay fees or expenses unless we achieve a settlement or win your case in court.

If you or a loved one has recently been injured in a car accident, contact the Law Offices of David L. Hood at (843) 491-6025 or fill out our online contact form and we’ll get in touch to schedule your free consultation. We know a car accident can turn a person’s life upside-down, but we’re here to support you and guide you at every step in your journey toward justice and healing.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

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