Posts tagged " Personal Injury "

Kim v. Pi Kappa Phi, et al.

August 3rd, 2017 Posted by News No Comment yet

Read the full document here
Kim v. Pi Kappa Phi, et al.

Hotel Injuries

June 19th, 2017 Posted by Legal Issues, Personal Injury No Comment yet

With vacation season upon, many families will be traveling out of town to see new places and spend quality time with their family.  For many travel plans, this includes staying in a hotel. Accidents do happen though, and if you’re injured in a hotel, you need someone on your side to help you take action and get the justice you deserve.

Common injuries
If you get out of your state of residence, don’t worry. You are still entitled to receive compensation. Immediately notify both your lawyer and the hotel’s insurance company that you are injured after you’ve taken the following steps:

  • Seek immediate medical attention and get proper treatment if need be.
  • Get a face to face meeting with the hotel manager so he can document the incident, including your injuries as soon as possible.
  • If you are transported to a local hospital, request a copy of the ER admittance report and discharge summary BEFORE you head back    home.
  • Take pictures of your injuries and the scene where you were injured.
  • Ask any and all witnesses for a statement in writing and have them sign and date it.  In the alternative, at least use your cell phone to    record their statement.
  • Communicate with your lawyer and ask what your options are depending on your case.

To succeed in a personal injury claim against the hotel, the law requires that you meet a burden of proof. To meet the burden of proof you must have sufficient evidence that proves:

  1. The hotel breached its duty by letting you get injured on their property.
  2. The hotel had a duty of care to protect you from harm when they invited you there.
  3. Your injury resulted in actual and consequential damages.

Unfortunately, fairly compensating you for your personal injury claim against a hotel accident can be a lengthy process, but don’t let that discourage you, let it empower you to hold them accountable for their negligence.

If you have been injured in a hotel, contact me for a free consultation and we can start working on your case immediately.

Boating Safety

May 23rd, 2017 Posted by Water Safety No Comment yet
With Memorial Day coming up on Monday, many Charlestonians will be celebrating the holiday on one of our many beautiful waterways.  Boats can just as dangerous as car accidents, if not more so, thus this weekend presents a perfect opportunity to brush up on South Carolina Department of Natural Resources’ laws and regulations for boating, and review some boat safety tips for yourself.

1.   Make sure EVERYONE in the boat has a life jacket.
While it’s not required that all passengers wear the lifejackets all the time, you must always have one on board for every single passenger.

2.   Check the weather.
South Carolinians know better than anyone just how quickly the weather can change. Don’t get stuck in a storm.  My Radar is a great app from NOAA to help track clouds and incoming storms.

3.   Consider a boating safety course.
Beginner and advanced boaters can always benefit from a boater safety course.  It may take a couple of hours, but isn’t the safety of you and your passengers worth it?

4.   Check your fuel and battery.
Nothing is worse than running out of gas on the water and having to call someone to tow you to the nearest marina. A quick check of the fuel levels (and the rest of your equipment, like lights and fire extinguisher) before you depart can make a huge difference, especially if you are planning on a long day out on the water.

5.   Don’t drink and boat!
Boating Under the Influence is a crime just like DUI. The only difference is that it’s much harder to pass Field Sobriety Tests while on a moving boat! Be smart; don’t drink and boat, and always remember that alcohol can have a more profound and dangerous effect when boating.

 

Charleston, SC

How to Access Your Medical Records in Case of an Emergency or Crisis

May 16th, 2017 Posted by Personal Injury No Comment yet
It’s important to know how to access your medical records in case of an emergency or crisis.  The Health Insurance Portability and Accountability Act (HIPAA) of 1996 set up a national standard for the maintenance of electronic medical records.  HIPPA was enacted to ensure that electronic medical records could not be altered by the hospital without detection at a later date to cover up incidents of medical malpractice.  Additionally, HIPPA stipulates that electronic medical records, including the audit trail, must be maintained by the health care provider for at least six year.

You have a right to your records, paper or electronic. These must be supplied to you upon request.

Most practices and facilities ask you to fill out a form to request your records. Call the provider’s office to request a copy of the form.  They should be able to deliver it to you by fax, email, or postal mail, or you may pick it up from the doctor’s office.

You will likely need:

• Your name, including your maiden name (if applicable)
• Social Security number
• Date of birth
•Address and phone number
• Email address
• Record(s) being requested
• Date(s) of service (months and years under the doctor’s care)
• Signature
•Delivery option (pick up, fax, email, etc.) – these may vary in cost.

Your medical records should always be made available to you. Section 164.524 of title 45, Code of Federal Regulations states, in part: (1) the individual shall have a right to obtain from such covered entity a copy of such information in an electronic format and, if the individual chooses, to direct the covered entity to transmit such copy directly to an entity or person designated by the individual, provided that any such choice is clear, conspicuous, and specific; and (2) notwithstanding paragraph (c)(4) of such section, any fee that the covered entity may impose for providing such individual with a copy of such information (or a summary or explanation of such information) if such copy (or summary or explanation) is in an electronic form shall not be greater than the entity’s labor costs in responding to the request for the copy (or summary or explanation).

When you hire a competent attorney, these records can be requested and obtained by the law firm.  There are times when hospitals and doctors will delay access to these records or even attempt to prohibit their release.  If the health care provider refuses to produce these documents after an attorney has been hired to represent your medical malpractice claim, the attorney can then have the Court compel the doctor or hospital to produce all of these records in their entirety.

If you have any questions about collecting your medical records, or would like a free consultation to see if you qualify for an expungement, call me at (843) 225-2520 or send an email to info@peperlawfirm.com.

Charleston Personal Injury Attorney

An accident has intensified an existing injury. What should you do?

March 22nd, 2017 Posted by Car Accidents No Comment yet
If you’ve been injured through no fault of your own and the accident has intensified an existing injury, there are several things you should keep in mind.

First, don’t think you have less of a case just because the injury existed before the accident.  In fact, you may have more of one.

Second, you should treat this intensified injury the same way you would a new injury. Legally speaking, re-injuring yourself through the fault of someone else could be even more expensive than the first injury.

Third, after seeking necessary medical treatment, you should immediately consult with an attorney.  They will be able to tell you whether or not you pursue legal action. Many times, the attorney will refer you to a specialist who will give you the best possible medical advice on how to recoup from this incident. The specialist will work directly with the attorney to determine the cost of any treatment so the attorney can file an insurance claim against the at-fault party. The attorney will then work with you to determine whether any other claims are necessary.

Has this injury kept you out of work?  Kept you from taking that vacation you had planned?  Prevented you from exercising?  Prevented you from enjoying your daily life?  Prevented you from playing with the kids and/or grandkids?  Made you irritable and frustrated?  You should be compensated for that.

If you’ve been injured through no fault of your own, our job is to put you in a position to make a full comeback and come out stronger on the other side.  That’s what we do for our clients. Call us at 843-225-2520 or email us at info@peperlawfirm.com for a free consultation.

 

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