Author: David L. Hood

Categories
Wrongful Death Attorney

How to File a Wrongful Death Lawsuit

How to file a wrongful death lawsuit
A semi-truck crashed into a sedan after a head-on collision

Would you know how to file a wrongful death lawsuit? Filing a wrongful death lawsuit can be a complex and emotional process. By understanding how to file, who can file, what damages are available, and the time limits involved, you can better navigate this difficult time and seek the justice your loved one deserves.

Wrongful death is one “caused by the wrongful act, neglect, or default of another?”  (South Carolina Code of Laws, Title 15, chapter 51, Article 1, Section 15-51-10) You may be entitled to file a wrongful death lawsuit against them, which may allow you to collect monetary damages due to your loved one’s untimely death.

Two things must be proven by family members in order to file a wrongful death lawsuit:

  • That the death was caused by another person’s wrongful act, neglect or default; and not by the decedent’s own actions.
  • That the surviving family members are directly impacted financially and emotionally due to the death.

Who Can File a Wrongful Death Lawsuit in South Carolina?

Not just anyone can file a wrongful death lawsuit. South Carolina law states that the personal representative of the deceased person’s estate is the one who must file the lawsuit. This representative is often a close family member, such as a spouse, child, or parent. If there is no estate plan to name the personal representative, or that person does not wish to serve, or cannot serve, the court can name a personal representative.

The personal representative brings the claim to court on behalf of the deceased person’s family members. These family members can include:

  • Surviving spouse and children
  • Surviving parents, if there is no spouse or child
  • The heirs at law, if no living spouse, child or parents

Damages Awarded in a Successful Wrongful Death Claim:

When a wrongful death lawsuit is successful, the court may award damages to the family of the deceased. The amount awarded will depend on the specifics of the case, such as the circumstances of the death and the financial needs of the surviving family members.

  • Funeral and burial expenses
  • Medical bills and other expenses related to the decedent’s final illness or injury
  • Lost wages and benefits
  • Property damages and other financial losses related to the death
  • Loss of the deceased person’s experience, knowledge, and judgment
  • Loss of the deceased person’s care, companionship, and protection, and
  • Pain, suffering, and mental anguish suffered by the surviving family members
  • The court may award exemplary damages (punitive damages) if the conduct that caused the death was reckless or deliberate

Wrongful Death Compensation

Compensation in a wrongful death case is meant to help the surviving family members cope with the financial impact of their loss. This can include compensation for the loss of companionship, emotional distress, and even punitive damages if the defendant’s actions were especially reckless or intentional. It’s important to note that compensation will vary depending on the unique details of each case.

Wrongful Death Statute of Limitations

It’s crucial to be aware of the statute of limitations when filing a wrongful death lawsuit.

In South Carolina, the statute of limitations (legal time limit) to file a wrongful death suit is usually two or three years from the date of the deceased person’s death, depending on what type of facility treated your loved one. A claim that is filed after the two- or three-year period will typically not be heard by the court. In this case, you would lose your right to seek compensation. However, there are some exceptions to this rule, so it’s important to consult with an attorney as soon as possible to ensure you meet all legal deadlines.

Losing a loved one is never easy, especially when their death was caused by someone else’s negligence. Filing a wrongful death lawsuit can help you seek justice and compensation for your loss.

Contact the Law Offices of David L. Hood for a Free Wrongful Death Consultation

If someone you care about has died due to someone else’s negligence, schedule a free consultation by calling your lawyer for wrongful death, 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 immediate and long-term effects of a wrongful death. At The Law Offices of David L. Hood, we work hard to make things simple for you. After a free case evaluation, if we believe we can help you and your family, Wrongful Death 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. We can provide answers on how to file a wrongful death lawsuit and walk you through the process. 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.

Categories
Motor Vehicle Accidents

‘Zoom Zombies’ Behind the Wheel

So much has changed because of the Covid-19 pandemic. We have all been forced to use our phones and computers more, whether for purchasing goods online, virtually visiting friends and relatives, or virtually meeting with business associates and/or clients. Social distancing guidelines and travel restrictions have given rise to Zoom becoming one of the most popular apps.

Could “our dependence on Zoom and other video chat software…be turning us into bad drivers?” (USAToday.com) Increased screen usage and reliance on technology is turning some drivers into “Zoom Zombies”, causing distracted zoning-out.

The National Highway Traffic Safety Administration (NHTSA) has warned that “risky driving and fatal crashes have risen sharply” in the last year, despite Americans driving less. (USAToday.com)

“A new study by Root Insurance found 54 percent of the 1,819 American adult motorists surveyed said they have had trouble concentrating on the road after videoconferences.” (NBCNews.com) This survey was taken between March 12th and March 17th, and involved drivers aged 18 and above. See the online report here.

Russ Rader, an official with the Insurance Institute for Highway Safety said, “There’s the risk of cognitive distraction, looking at the road while your thoughts are elsewhere. That zoning out may mean you don’t notice a dangerous situation soon enough to react.” (NBCNews.com)

According to the Root Insurance report, South Carolina has the most distracted drivers out of the 29 states surveyed, with 21.91 distracted driver events per 100 miles. These events can be avoided.

How can you prevent distracted driving?

  • When you get in the driver’s seat, commit to focus fully on driving, and to avoid distractions.
  • Never attempt to multi-task while driving. Ask a passenger for help, or pull over to perform other tasks, like changing a CD or updating directions on the GPS.
  • Silence or store your cell phone out of reach so that you’re not tempted to look at it or use it while driving.
  • Adjust seats, mirrors, headrest, seat belt, etc. before getting on the road.
  • As a passenger, discourage distracted driving, and help when needed.

(DefensiveDriving.org)

THE LAW OFFICES OF DAVID L. HOOD – SERVING CAR 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.

Other online resources used in writing this article:

https://www.businesswire.com/news/home/20210406005760/en/Beware-of-the-Zoom-Zombie-54-of-Americans-Who-Drive-After-Video-Chatting-Report-Trouble-Concentrating

Categories
Workers’ Compensation Lawyer

Occupational Hearing Loss

Most workplace dangers are obvious. One that is not quit as apparent is damaging noise levels. “Some of the most prevalent workplace hazards aren’t seen–they’re heard.” (EHSToday.com)

According to the Centers for Disease Control and Prevention (CDC), the most commonly reported workplace-related injury is hearing loss. 22 million Americans are being exposed to harmful noise levels at their place of work per The National Institute for Occupational Safety and Health (NIOSH). (CDC.gov)

What are the causes of occupational hearing loss (OHL)?

  • Loud noise – “The NIOSH Recommended Exposure Limit for occupational noise exposure is 85 decibels….Exposures at or above this level are considered hazardous.” (CDC.gov) A good way to know that you may in danger of OHL is if someone has to raise his/her voice to talk with you from an arm’s length.
  • Ototoxic Chemicals – “Ototoxic chemicals can cause OHL, make the ear more susceptible to the damaging effects of hazardous noise, or both. For example, a person taking certain ototoxic pharmaceuticals may lose hearing, become more susceptible to noise, or both.” (CDC.gov)

Top 10 jobs that can cause hearing loss:

  1. Textile machine setters, operators, and tenders

> Average decibel level: 89.9 dBA (0.1% lower than the OSHA limit)

Employees bleach, dye, cut, knit, or wind textiles, using loud equipment.

  1. Ushers, lobby attendants, and ticket takers

> Average decibel level: 90.0 dBA (right at the OSHA limit)

Employees work in movie theaters, concert and performing art venues, and spectator sporting events, all of which can be very loud.

  1. Control and valve installers and repairers

> Average decibel level: 90.3 dBA (0.3% higher than the OSHA limit)

Employees work with “mechanical regulating and controlling devices, such as hydraulic doors, electric meters, gas regulators, thermostats, safety and flow valves, and other mechanical governors. Hydraulic systems can often produce loud noises, from the mechanisms themselves and from doors loudly slamming shut.”

  1. Miscellaneous agricultural workers

> Average decibel level: 90.9 dBA (1.0% higher than the OSHA limit)

Employees (including equipment operators, crop, nursery and greenhouse laborers, animal workers) use noisy equipment like tractors, combines, chainsaws, and grain dryers

  1. Forming machine setters, operators, and tenders, metal and plastic

> Average decibel level: 91.0 dBA (1.1% higher than the OSHA limit)

Employees work with machines that extrude, draw, forge, and roll metals and plastics, and are often employed in large industrial settings, like iron and steel mills, machine shops, and motor vehicle part manufacturing plants. These places often have loud machinery running.

  1. Tailors, dressmakers, and sewers

> Average decibel level: 91.1 dBA (1.2% higher than the OSHA limit)

Employees make, alter, and repair garments. Large industrial sewing machines produce noise around 90 dBA.

  1. Butchers and other meat, poultry, and fish processing workers

> Average decibel level: 91.1 dBA (1.2% higher than the OSHA limit)

Employees work with noisy machinery and equipment all day.

  1. Woodworking machine setters, operators, and tenders

> Average decibel level: 92.5 dBA (2.8% higher than the OSHA limit)

Employees use saws, drill presses, lathes, shapers, routers, sanders, planers, and wood nailing machines (which can all be very loud) to cut, shape, and craft wood.

  1. Farmers, ranchers, and other agricultural managers

> Average decibel level: 92.5 dBA (2.8% higher than the OSHA limit)

Employees often use equipment that is very loud such as lawnmowers, tractors, and chainsaws.

  1. Emergency medical technicians and paramedics

> Average decibel level: 98.4 dBA (9.3% higher than the OSHA limit)

Employees are within earshot of sirens, horns, diesel motors, radios, shouting, power tools, and alarms on a regular basis.

“No job faces more consistently noisy working conditions than emergency medical technicians and paramedics. These workers are first responders to medical emergencies, and they perform medical care and transport patients to medical facilities.”

(MSN.com)

Preventing OHL:

  • Avoid loud environments as much as possible.
  • Wear industrial earplugs, earmuffs, or noise-cancelling headphones/earplugs. Make sure to choose equipment that doesn’t go too far down into the ear canal, as this can cause damage to hearing as well.
  • Quit smoking. Smoking can damage cells throughout your entire body, including your ear canal.
  • Have your hearing checked on a regular basis.
  • “Reduce or stop exposure to chemicals that may damage your hearing: wear gloves, long sleeves and eye protection; wear a respirator or other protective equipment, as appropriate; read and follow all chemical safety instructions.” (CDC.gov)
  • Download the National Institute for Occupational Safety and Health (NIOSH) Sound Level Meter App . “This is a tool available to the public to download on mobile iOS devices that measures sound levels in the workplace and provides noise exposure parameters to help reduce occupational noise-induced hearing loss.” (CDC.gov)

THE LAW OFFICES OF DAVID L. HOOD – REPRESENTING INJURED WORKERS IN SOUTH CAROLINA

The Law Offices of David L. Hood have been fighting for the rights of injured workers in North Myrtle Beach, Myrtle Beach, Murrells Inlet, Georgetown, Charleston and all across South Carolina for over 25 years. We have a dedicated team that will strive to take care of your claim professionally and treat you with respect. Over the years we’ve represented hundreds of injured workers and their families, working hard to get them the medical treatment and compensation they deserve.

To learn more about what we can do for you, contact our offices to set up a free initial consultation. If you choose to work with us, we will handle your case on a contingent fee basis, which means you pay nothing unless we make a recovery for you. To get in touch with us, you can call our offices at (843) 491-6025 or email us here.

Other online resources used in writing this article:

https://www.ehstoday.com/ppe/hearing-protection/media-gallery/21917796/preventing-hearing-loss-noise-infographics-photo-gallery/slideshow?slide=1

Categories
Medical Malpractice Lawyer Pharmacy Malpractice

Pharmacists: Overworked and Understaffed

Covid-19 has made an already tough situation even tougher. Pharmacists at chain stores are now being pushed more than ever to do more with less. “They’re working faster, filling more orders and juggling a wider range of tasks with fewer staff members at a pace that many say is unsustainable and jeopardizes patient safety.” (NBCNews.com)

In the past decade, this had already become a huge issue that needed to be resolved. Now, add Covid-19 testing and vaccinations to the mix, and new concerns are being raised “about what will happen if they aren’t given enough additional support for yet another responsibility.” (NBCNews.com)

Marilyn Jerominski, the pharmacy manager at a 24-hour Walgreens says she began working as a pharmacist 13 years ago. At that time, things were very different. “There were more staff members and more time to counsel patients about their medications.” Now, she says there is so much stress, she is often exhausted and overwhelmed, worried about making a mistake that will put customers’ health on the line.

Jerominski is not alone. Recent research by NBC News on 31 retail pharmacists and technicians reported that a good portion of them are working 12-hour shifts, and are too busy to stop for bathroom breaks, or to eat. Many report crying in their cars after work or “lying awake at night worrying about mistakes they might have made while rushing. They described an industry of health care professionals at the breaking point.”

Jerominski and other pharmacists say they are in dire need of more help.

Many large pharmacy chains, like CVS and Walgreens “give pharmacists a range of metrics to meet and monitors the time they spend on various tasks, from calls to patients to prescriptions filled and vaccinations given per week.” About 10 years ago, when profit margins started to drop for those chains, pharmacists began to be pushed that much more.

South Carolina pharmacists weigh-in on being overworked and understaffed through letters to the SC Board of Pharmacy:

“The mistakes I have seen occur in this environment are both frightening and understandable when we are under the gun to perform the impossible. I’ve had a technician mix two strengths of a critical blood pressure medication.” (NYTimes.com)

“We are being asked to do things that we know at a gut level are dangerous. If we won’t or can’t do them, our employers will find someone else who will, and they will likely try to pay them less for the same work.” (NYTimes.com)

“Thank the Lord I have not had any life-threatening misfills, but I have had a number of ‘minor’ misfills mostly due to having to be responsible for so many duties at once and constantly being pulled away from verification to multitask.” (NYTimes.com)

In response to letters, and phone calls from pharmacists regarding inadequate work conditions, the SC Board of Pharmacy wrote a statement to “promote the health and safety of patients, and to ensure compliance with the South Carolina Pharmacy Practice Act relating to operational standards, specifically S.C. Code Ann. § 40-43-86 (B)(4) which relates to adequate staffing of licensed personnel in the pharmacies.” You can find this statement here. (llr.sc.gov)

Protecting Yourself from Pharmacist Errors:

  • Speak with the pharmacist if you are getting a new prescription. Ask about side effects, and make sure the new drug is safe in combination with other medicines you are currently taking.
  • Open the bag to be sure your name is on the prescription bottle, and that the correct medicine name and strength are on the bottle. Also, check for the pill description on the bottle.
  • Open the bottle. Be sure the pills inside look the same as your previous prescriptions of that same drug. If it’s a new medicine, make sure the pills look the same as what’s described on the bottle.
  • Read the instructions on the bottle and on the leaflet you receive with the prescription.
  • If you notice any errors, do not take any of the medication. Report errors to the pharmacist immediately.

(NYTimes.com)

Mistakes can also be reported to state pharmacy boards. For South Carolina patients, that would be the South Carolina Board of Pharmacy.

THE LAW OFFICES OF DAVID L. HOOD – REPRESENTING PHARMACY MALPRACTICE VICTIMS IN SOUTH CAROLINA

Prescription malpractice can cause serious health problems and even result in death for many innocent patients. However, if the matter is handled expertly, those responsible for the damages can be held accountable. The Law Offices of David L. Hood and his co-counsel have experience in handling pharmacy malpractice cases. With an understanding of the system, they utilize their network of medical experts and pharmacists to figure out the cause of the mistake and obtain (if possible) an expert opinion so a claim can be filed against those at fault.

If you have suffered at the hand of someone else’s negligence and incompetence, let The Law Offices of David L. Hood do whatever it takes to help you and your family get justice. We will fight until you get the compensation that you deserve.

If you or a loved-one has been a victim of pharmacy malpractice in South Carolina, contact us for a free initial consultation. If you choose us to fight for your claim, we will work with you on a contingent-fee basis, meaning, you won’t owe us a fee unless we get a recovery for you! You can call us now at (843) 491-6025 or contact us at any of our offices in South Carolina here.

Categories
Motor Vehicle Accidents

South Carolina – The Most Dangerous Place to Drive

1.35 million people are killed every year in traffic accidents around the world. In the United States, there were 36,560 deaths resulting from car accidents in 2018. (Reviews.com) Traffic accidents are a leading cause of death for Americans ages 1 through 54. (CDC.gov)

Today’s automobiles are smarter and safer than ever, due to advanced safety technology in the last couple of decades. However, because of increasing driver error and carelessness, traffic fatalities have only decreased by 1% in the last three years.

“According to CNBC, ‘Experts suggest driving hazards such as texting while driving and higher speed limits are offsetting the benefits of safety systems like automatic emergency braking and increased seat belt usage.’” (AutoInsurance.org)

A 2020 AutoInsurance.org study analyzing “the worst states for traffic-related fatalities, the lives lost in each state, and each’s best and worst categories,” reported that South Carolina had the most traffic deaths per 100 million miles driven, of any state in the US for three consecutive years, 2016, 2017 and 2018.

Here are the Palmetto State’s traffic death rates for those three years:

2016 – Deaths per 100 million miles: 1.65 (ranked 1st place in the US)

2017 – Deaths per 100 million miles: 1.86 (ranked 1st place in the US)

2018 – Deaths per 100 million miles: 1.86 (ranked 1st place in the US)

Every one of these fatalities could have been prevented. “It’s easy to blame drunk drivers, lax laws, or dangerous roads…but just one mistake made by YOU can” cause a loss of life. (AutoInsurance.org)

“Model safe driving for your family and others on the road around you. Do everything in your power to keep our roads safe and save lives.” (AutoInsurance.org)

For driving safety tips, please go to the National Highway Traffic Safety Administration.

THE LAW OFFICES OF DAVID L. HOOD – SERVING CAR 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.