I’m attorney David Hood and I’ve been practicing law across the state of South Carolina for over 30 years. My clients frequently ask me some questions that have to deal with traffic fatalities and how they happen in South Carolina. That’s what we’re going to cover right now.
South Carolina’s poor roads
First of all, our roads are in terrible condition. A report by the nonprofit Road Information Program found that 43% of the Palmetto States roads “are in poor or mediocre condition… and 8% of the state’s bridges are rated poor or structurally deficient.” Not surprisingly, the American Society of Civil Engineers found that South Carolina had the highest traffic fatality rate in the country.
Who’s at fault?
So, if someone has a loved one who is tragically killed in a car or truck accident, there may be another defendant who needs to be added to the lawsuit: the State of South Carolina. One may believe, logically, for instance, that if it was a one car accident, that it had to be the driver’s fault. But what if the road, bridge, or intersection had a history of traffic deaths? Then it becomes critical to quickly have a traffic engineer fully evaluate the accident scene to see if dangerous conditions were the cause of the accident. Time is important because wind & rain can make evidence disappear.
Hi, I’m attorney David Hood & I’ve been practicing across the State of South Carolina for over 30 years. Co-counsel and I frequently get asked the question: What is preeclampsia and how could I pursue legal options if I’ve gotten this condition or my baby has this condition and we suffer because of it? That’s what we’re going to cover right now.
What is Preeclampsia?
Preeclampsia is a little known but dangerous condition that affects one in 25 pregnant women.
It’s a complication that causes a pregnant woman’s blood pressure to spike, which can cause severe headaches, changes in vision, nausea or vomiting, impaired liver function, swelling of the hands and face, and shortness of breath.
Untreated, preeclampsia can lead to serious, even fatal complications for the baby or for the mother. However, it is highly treatable if caught early. Quick actions need to be taken, including administering magnesium and delivering the baby by C-section (once the pregnancy is far enough along).
What are the Symptoms?
The first sign of preeclampsia is usually a rise in blood pressure. Sometimes there are no other symptoms; therefore, it’s very important to monitor your blood pressure during pregnancy.
Unfortunately, maternal death rates in South Carolina are high and the Maternal Mortality and Morbidity Review Committee found that 54% of pregnancy-related deaths in South Carolina are preventable with proper treatment.
Do You Have a Legal Case?
What we have to show legally in South Carolina is that the victim received below the reasonable (or average) standard of care and suffered significant damages that could have been prevented with proper treatment. To file a lawsuit, we’d need to have an expert examine all the medical records and issue an affidavit that, in their opinion, medical malpractice was committed.
If you’re pregnant, please keep a sharp eye on your blood pressure.
For the third time, Volvo has issued a recall for vehicles in the U.S. with dangerous airbags. This time, Volvo is adding 195,000 vehicles to the recall. The airbags were made by supplier ZF/TRW, and could explode, sending shrapnel into the cabin of the vehicle. This recall stems from the death of an unidentified US driver.
Since November 2020, Volvo has recalled a total of nearly 768,000 vehicles worldwide for faulty airbag inflators. (Newsweek.com)
Models in the Newest Recall
This latest recall covers XC70 and V70 wagons, model years 2001 through 2007, built between February 22, 2000 and May 4, 2007.
“Because automakers issue recalls often, and for many older vehicles, we recommend checking back regularly to see whether your vehicle has had a recall issued.”(ConsumerReports.org)
What to Do If Your Volvo Has Been Recalled
“Dealers will replace the driver’s air bag “with a modern state-of-the-art propellant/inflator (at no charge). Owners in the latest recall will be notified by mail starting December 14.” (WandTV.com)
CONTACT DAVID L. HOOD IF YOU’VE BEEN HURT BY A DEFECTIVE PRODUCT IN SOUTH CAROLINA
If you or a loved one has been injured by a recalled or defective product, schedule your free consultation by calling the Law Offices of David L. Hood at (843) 491-6025 or filling out our brief online contact form.
We know how difficult it can be to deal with the effects of product defect-related injuries and the untold pain and suffering they cause. At The Law Offices of David L. Hood, we work hard to protect your rights and make things simple for you and your family so you can focus on healing. After a free case evaluation, if we believe we can help you and your family, Attorney David L. Hood, co-counsel, and our team of experts will vigorously pursue your case to get you the best result we can achieve. Let us put our years of experience to work for you!
*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.
I’m attorney David Hood & I’ve been practicing law across South Carolina for over 30 years. Co-counsel and I work together on Traumatic Brain Injury (or TBI) cases and we often get questions about what my legal options are if me or a family member has suffered a traumatic brain injury. That’s what we’re going to cover right now.
What is a TBI?
A traumatic brain injury (TBI) is a head wound that causes damage to the brain and disrupts its normal function. TBI’s occur when the head suddenly hits an object or when something pierces the skull and enters the brain tissue.
Basic Types of TBI’s
There are two basic types of TBIs: In open head injuries, the skull is fractured. A closed head injury does not involve a skull fracture. But these injuries can be more serious than open head injuries because the brain may swell or blood clots form.
Symptoms
Brain injuries can cause many problems even when the victim appears outwardly healthy. Symptoms you should be alert to and take seriously after you have suffered a head injury include:
severe headache
confusion and difficulty recalling events
being lightheaded and dizzy
blurred vision or tired eyes
numbness or weakness on one side of the body
ringing in the ears
bad taste in the mouth and unusual fatigue
Outlook for TBI Victims
After any impact to the head, it is important to seek medical attention. Even an injury with minor symptoms could have significant consequences, if left untreated. These injuries can result in serious and long-lasting damage that affects your ability to perform everyday activities. People who have sustained a TBI may also struggle with disabilities including:
speech and language problems
memory issues
partial or total vision loss or losing the sense of touch
smell or taste
Victims of TBIs can often require a lifetime of care.
Legally, it’s very important to get the right experts, for instance neurologists, and get the right testing done to establish that you’ve suffered a TBI.
Hi, I’m attorney David Hood and I’ve been practicing law across South Carolina for over 30 years. One of the areas that we focus on is mesothelioma. A question we often get from our clients is “How do I catch mesothelioma and what do I do once I’ve been diagnosed with it?” We’re going to answer those questions for you today.
What is mesothelioma?
Malignant mesothelioma is a rare and aggressive cancer that develops in the linings of the lungs, stomach, heart or testes. The most common form of the cancer, malignant plural mesothelioma, affects the lining of the lungs. The only known cause of mesothelioma is by being exposed to asbestos.
What causes mesothelioma?
So how do you get exposed to mesothelioma? From mills, automobile and truck repair work, construction, and the military and several other areas. Secondary exposure, by workers bringing asbestos fibers home on their clothes also cause MESO in family members. One problem can be that there is typically a long latency time to get mesothelioma. You may not have any symptoms until 10 to 50 years after your exposure. So, it’s important to piece together your entire work history in order to pinpoint how you got exposed to asbestos.
What are the symptoms?
There are many common symptoms to look out for with mesothelioma: stomach pain & swelling, chest pain, coughing, fatigue, muscle weakness and unexplained weight loss. The earlier the symptoms are detected, the better your prognosis. So, if you’re having these symptoms, please see a doctor immediately.
Hello, I’m attorney David Hood and I’ve been practicing law across South Carolina for over 30 years. One of our focus areas is trucking accidents. Our clients often ask us, “What do I do once I’ve been in a truck accident?” We’re going to answer that for you today.
Don’t leave the scene
First of all, the best thing you can do right after an accident is to not leave the accident scene. If you leave the accident site, it may look like a hit and run, and the police may give you a hard time during questioning.
Call authorities
#2 Call the authorities right after the crash. If you’re physically able, call emergency services so they can dispatch police and an ambulance.
Check for other vehicles
#3 Check to see if other vehicles have been hit. After giving immediate attention to yourself, take a look around to see if anyone else might need your help.
Take photos
#4 Take photos and videos. If you have a smartphone and you’re able to, take pictures or record a video of the entire scene. Make sure to include your injuries, the traffic signals and skid marks.
Get other drivers’ info
#5 Talk to other drivers involved in the crash. If you can approach other drivers that were also hit by the truck, talk to them about what happened. Try to get each driver’s name, phone number, license plate number, driver’s license number, insurance carrier and policy number.
Wait to make a statement
And finally, #6 Don’t make any statement right away. Accidents can leave you feeling a bit shaky and emotional, which can sometimes lead you to say something that’s incorrect. Therefore, it is important that you take your time to calm your nerves and collect yourself before talking to anyone.
Cars moving on the road, with a road sign that reads Exit 197, Summerville, North Maple St., next right.
Those of us who live in South Carolina have experienced the nightmare of slow-moving traffic due to aging roads: forcing drivers to leave extra early to make it somewhere on time, and then the chance of ending up in a traffic jam due to an accident.
Moving South Carolina Forward
Moving South Carolina Forward, a report by DC-based nonprofit The Road Information Program (TRIP), “looks at transportation in South Carolina. From conditions on bridges and roads to traffic congestion data, the report, released on September 22nd, highlights the biggest issues facing South Carolina’s transportation system.” (Counton2.com)
In the report (using data between 2015 and 2019), TRIP estimates that 43% of The Palmetto State’s roads “are in poor or mediocre condition,…and 8% of the state’s bridges are rated poor or structurally deficient.” (PostandCourier.com)
More statistics from the report indicate that Charleston drivers lost an average of 56 hours a year, and wasted 22 gallons of gas, totaling $1,165 annually, sitting in traffic. For Myrtle Beach drivers, an average of 32 hours were lost a year, 14 gallons of gas were wasted, totaling $745 a year. All this due to traffic congestion.
Aging Roads Cause Fatalities
Even worse than the cost for South Carolinian’s is the catastrophic number of fatalities caused by the aging conditions of roads and bridges. “In its 2021 report card, the American Society of Civil Engineers, a group that lobbies Congress to fully fund federal infrastructure programs, gave the state’s road and water infrastructure D-plus.”(TheState.com) The report card showed that in 2019, South Carolina roads had 1.72 fatalities per 100 million vehicle miles traveled; that’s the highest fatality rate in the nation.
TRIP’s Moving South Carolina Forward report estimates that, “From 2015 to 2019, there were 5,018 traffic fatalities in S.C., that’s around 1,000 people per year. ‘Clearly a number that’s far too high,’ said Rocky Moretti, the Director of Policy and Research for TRIP.”(Counton2.com)
For 2021, Department of Public Safety data from January 1 to September 8 reveals that South Carolina has already had 758 traffic-related deaths.(GreenvilleOnline.com)
Funding Infrastructure
“In 2017, the state Legislature passed the S.C. Infrastructure and Economic Development Reform Act, also known as Act 40, to fund repairs for the state’s crumbling roads and bridges.
Funded in part by increases in gasoline taxes and vehicle registration fees, Act 40 provides an approximate $600 million annual boost to the state’s transportation coffers until 2027, funding road repair and construction projects across the state.” (PostandCourier.com)
TRIP’s report estimates the SC Department of Transportation (SCDOT) will still face a $403 million gap in funds annually, for needed improvements to roads, highways and bridges.
Advocates hope a federal infrastructure bill will provide much-needed funds to help repair SC roads and bridges.
THE LAW OFFICES OF DAVID L. HOOD – SERVING MOTOR VEHICLE ACCIDENT VICTIMS IN SOUTH CAROLINA
If you have suffered a collision in South Carolina, the legal team at The Law Offices of David L. Hood will help you navigate the situation professionally. We have years of experience in helping people involved in serious accidents figure out the legal requirements and details needed to move forward after an accident. After gathering all the necessary information, we will pour our efforts into building your case to get a fair settlement or take it to court if the need arises.
Our entire team has years of experience representing various clients and car accident victims in South Carolina. Having a passion to help, we offer a free initial consultation where we provide candid legal advice on what options you may have. If you choose to work with us, we promise a contingent-fee based case, where you don’t pay unless we get a recovery in your case.
You can find our contact information on the page here and schedule your free consultation session.
Hi, I’m Attorney David Hood and I’ve been practicing law in South Carolina for over 30 years. One of our primary focuses is wrongful death lawsuits. People often ask, how do you file one in South Carolina? We’re going to cover that right now.
What do we need to show to file a wrongful death lawsuit in South Carolina?
The first thing that needs to be established is that the person’s death was caused by someone else’s (and not their own) actions. An example would be the death was caused by being rear ended by a truck, as opposed to a drunk driver driving into a tree. Another example would be being killed because the person was given the wrong medication and not because of an illegal drug overdose.
The Personal Representative of the estate should file the lawsuit
If the person who died (called the decedent) had a will, it should name the representative of the estate and that person should file the lawsuit.
If the decedent died without a will, the family needs to get a Personal Representative appointed by the Probate Court. Once that’s done, the Personal Representative can file a lawsuit on behalf of the estate.
Intestate law dictates what should happen when someone dies without a will
Assuming the wrongful death lawsuit is successful, South Carolina intestate law (which is when somebody dies without a will) dictates how the proceeds are to be divided up. It’ll depend upon whether there’s a surviving spouse, any children or surviving parents.
Hi, I’m attorney David Hood and I’ve been practicing law in South Carolina for over 30 years. And today, what I’d like to cover is a primary area of practice for us, which is medical malpractice, and how do you sue for medical malpractice in South Carolina?
Reasonable Standard of Care
Basically, you have to show that the medical treatment you received was below the reasonable standard of care in South Carolina. In addition, you have to show that the outcome would have been a lot better, if you had gotten the right care.
Medical Records
To do this, you need to get all your medical records together and then have a medical expert review them. After the expert reviews all your records, if the expert believes you received substandard care and suffered significant damages because of it, then you may have a case.
Medical Expert’s Affidavit
Typically, the medical expert has to be able to issue an affidavit saying that they believe medical malpractice was committed in South Carolina and that there were serious injuries or death due to the medical malpractice.
File the Lawsuit
Once the expert issues the affidavit, you can file the lawsuit. After that, both sides normally get more experts and the discovery phase starts. This information exchange period can take a year or more to complete.
Mediation
Once the discovery phase has been completed, a mediation will typically be set up to see if the parties can resolve the case before the trial. If not, then the case goes to trial.
It can be a long and expensive process, but many medical malpractice lawyers in South Carolina will front the costs if they believe (and the expert agrees) that there is a case.
Do I Have a Personal Injury Case in South Carolina? Part 2
Video Transcription
Hi, I’m Attorney David Hood and I’ve been practicing law throughout South Carolina for over 30 years. One area we emphasize is Personal Injury, and people often ask us, “Do I have a good case?” We’ve covered part of that in part 1, and we want to wrap up the rest of that for you right now in part 2.
Do I have a good case?
If you’ve been injured in an accident, you might be wondering whether you have a strong case. The answer is, it depends.
I’m going to you about factors we consider to determine whether or not you have a strong potential personal injury case.
Witnesses
Number 5: Witnesses. Your case is only as good as your evidence, and usually your evidence is only as good as your witnesses. If, for example, your only witness to support liability is a relative or friend, your case is weaker than if you had several impartial witnesses. Your doctor might be a witness to the medical part of your case. If the doctor involved has never testified, doesn’t want to testify or can’t testify well, this lowers your settlement value.
How Tight-Fisted is the Defendant’s Insurance Company?
Number 6: How tight-fisted is the defendant’s insurance company? As lawyers, we are familiar with which companies are the most tight-fisted and will make ridiculous, low-ball offers on cases. Some we might need to file suit on. However, if the carrier is fair, and some of them are, we may get a higher settlement offer.
How Much Time Has Passed?
Number 7: How much time has passed since the incident that caused your injuries? As a general rule, the longer it takes a case to get to a jury, the less sympathetic the jurors will be. This is particularly true if you experienced pain or other symptoms for a limited time after the accident, but you have fully recovered by the time of the trial.
How Much Damage?
Number 8: How much damage was there to the cars involved? In many automobile cases, the actual damage to the automobile may be minimal as car bumpers are made to absorb more impact now than they could years ago. If there was only a bumper scratch or minor fender damage, the jury will question the extent of the impact and, therefore, the extent of your injuries. On the other hand, if the car in which you were injured looks like an accordion, it will be easier to convince a jury that you sustained serious injuries.
Recap
To recap, the primary factors determining case strength are:
How clear is the defendant’s liability?
How large and consistent with your injuries are your medical records?
Will insurance or defendant assets fully cover your loss?
Will a jury like you and your actions, and dislike the defendant and his actions?
Do persuasive and unbiased witnesses support your claim?
Does the insurer have fair settlement practices?
Will you be fully recovered by the time of trial?
And in auto accident cases, how extensively and visibly was your car damaged?
