James Law Firm Blog

Supplemental Security Income

2010-09-14T10:10:00.001-04:00

Supplemental Security Income (SSI) provides funding to those who are children or those ages 65 and older who are blind or have a disability. To qualify for these funds, you must also be a United States citizen and have a valid Social Security number.

Parents or guardians may apply for blind or disabled children under the age of 18. In certain cases, another third party can apply on behalf of the child. If you need assistance in applying for SSI benefits, contact an SSI benefits attorney today.

When you apply for SSI
When you are applying for SSI benefits, you should bring certain items with you. If you do not have all these things on the list below, do not let that deter you from applying. The staff at the Social Security office can help you obtain the necessary documents.

Bring with you:

• Your Social Security card or record of your Social Security number
Pay slips, bank books, insurance policies, burial records and other information about your income and the things you own
Your birth certificate or other proof of your age
Proof of U.S. citizenship or eligible non-citizen status
Information about the home where you live (mortgage or your lease and landlord’s information)
The names, addresses and telephone numbers of doctors, hospitals and clinics that you have visited
Your checkbook or bank statements so that your SSI funds can be directly deposited into your account.

If you are applying for SSI benefits or of your SSI benefit claim has been denied, please contact South Carolina SSI benefits attorneys at the Dick James Law Firm in Greenville, South Carolina today to schedule a complimentary consultation.

Motorcycle Accidents

2010-08-06T13:41:00.001-04:00

If you are a motorcyclist, your lack of protection and small vehicle size puts you in a high-risk situation when you venture out on the open road. If you have been hurt in a motorcycle accident, contact a knowledgeable motorcycle accident attorney as soon as you are able.

Causes

Motorcycle accidents are commonly caused because of driver negligence. Statistics reveal that about two-thirds of motorcycle accidents are the result of another driver who did not see the biker and violated their right-of-way.

Occasionally, motorcycle accidents are the result of a bike defect. This is more often the case with single-vehicle crashes. Some motorcycles have front-end problems, which causes them to wobble when going fast. In other collisions, a biker may make a maneuver, such as swerve to miss an animal or other driver, that causes the motorcyclist to lose control and crash his or her bike.

Winning compensation

Multiple parties may be responsible for your motorcycle accident. For example, say a truck driver was distracted and swerved into your lane, causing your accident and subsequent injuries. If that driver was working at the time of the accident, then his or her employer; the trucking company, could also be held liable.

It is also a tricky process determining the amount of damage in a motorcycle accident, as there are different legal theories that allow compensation. Therefore, it is important that you speak to a motorcycle accident attorney to discuss your options.

If you have been involved in a motorcycle accident in the Greenville, South Carolina area, please contact South Carolina motorcycle accident attorneys at the Dick James Law Firm. We can schedule your free consultation, so please call today.

Automobile Accidents

2010-07-20T09:53:00.001-04:00

On roads and interstates across America, someone is injured in a traffic accident every 12 seconds. Driving is a privilege, not a right. But unfortunately, many people take the luxury of driving for granted. The outcome is thousands of devastating motor vehicle collisions and lives of unsuspecting drivers that are forever changed in mere seconds. If you are involved in a motor vehicle accident, contact a qualified automobile accident attorney as soon as possible.

Negligence on the road

Failure to execute reasonable care while driving is considered negligence. If you are a driver, passenger or pedestrian involved in an accident in which another person’s reckless or careless behavior caused your injury, you can hold that party legally responsible.

In South Carolina, even if you were partially to blame for the accident, as long as your contribution was less than 50 percent, you can still collect money for your injuries. This is system of fault is called “contributory negligence.”

Injuries and compensation

In general, the victim of an automobile accident can bring a claim to recover any costs associated with the accident. This can include:

Property damage costs
Medical bills and future medical treatment
Lost wages and the inability to earn future income
Other economic damages
Physical pain and suffering
Emotional anguish
Loss of companionship
Lost inheritance

If you or a family member has suffered a traumatic brain injury in the Greenville, South Carolina area, please contact South Carolina traumatic brain injury attorneys at the Dick James Law Firm today to schedule your free case review.

Slip and Fall Injuries

2010-06-01T16:00:00.001-04:00

Though seemingly minor, slip and fall accidents can result in serious injuries that can leave you permanently disabled. A nearly-invisible crack or thin coating of water on the ground may leave you immobile for days or confine you to a wheelchair indefinitely. If you have suffered a slip and fall injury, contact a qualified personal injury lawyer to discuss your claim.

Not uncommon

Thousands of slip and fall injuries occur each year in the United States. In fact, in 2004 there were more than 8 million injury-related emergency room visits from slip and fall accidents. These particular claims can become complicated when determining fault, and deciding whether the conditions were indeed hazardous.

A majority of slip and fall accidents are actually preventable. If you were hurt because of another person's negligence, you have the right to be compensated for your injuries. Some examples of dangerous conditions that can warrant a slip and fall accident claim include:

Torn or frayed carpeting
Poor lighting (indoor or outdoor)
Narrow or broken stairs
Wet or slippery floors
Uneven or cracked pavement
Potholes
Lack of handrails

Filing a report

If you have suffered a slip and fall accident because of another person's negligence, compile a report about the incident as soon as possible after it occurred. Be sure to note:

What caused the fall
The condition of the area where the accident happened
Who witnessed the accident
Witnesses reactions during your fall and afterward

If you were involved in a slip and fall injury in the Greenville, South Carolina area, please contact South Carolina slip and fall accident attorneys at the Dick James Law Firm today. We offer free consultations and can help you collect the money you deserve.

Amputation Injuries

2010-05-18T18:14:00.001-04:00

An amputation, or loss of a body part, is most often the result of illness or injury. While trauma is the leading cause of amputation worldwide, in the United States only about 22 percent of amputations result from trauma; the majority are caused by disease.

Nevertheless, an amputation injury is a devastating ordeal. About 1.2 million Americans are living with living with an amputation, a majority of them having lost a portion of their leg. Many people who have lost their whole limb or part of a limb experience a sensation called "phantom limb pain." Various factors may contribute to this sensation; however, experts believe that damaged nerve endings are most likely the cause.

If you have been the victim of an amputation injury, contact an experienced personal injury lawyer today.

Today's improvements

Long-term outcomes for amputees have drastically improved in recent years. Some of the reasons for this include:
A better understanding on how to manage a traumatic amputation
Innovative prosthetic designs
Early emergency and critical care management
New surgical techniques that allow more of the limb to remain
Early and aggressive rehabilitation
If you have suffered an amputation injury, sometimes the severed limb can be reattached. If the severed body part is carefully taken care of, new limb re-plantation tactics may allow you limb to be reattached and the nerves to regenerate. However, you may have better mobility with a well-fitted, highly-functional prosthesis.

If you live in the Greenville, South Carolina area and you have suffered an amputation injury, please contact South Carolina personal injury lawyers at the Dick James Law Firm to arrange for a free consultation.

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2010-04-27T16:37:00.001-04:00

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Truck Accidents

2010-04-12T18:02:00.001-04:00

While many people are quick to assume a large truck accident is caused by a truck driver’s reckless behavior such as driver fatigue or overloading the rig, sometimes it is the fault of the passenger vehicle driver. Regardless of who is at fault of an accident, if you are injured, you should contact a personal injury lawyer to discuss the details of your case.

Unsafe maneuvers by passenger drivers

There are many unsafe actions that the driver of a passenger vehicle can make, which lead to a truck accident. Some include the drivers' ignorance of a large truck's performance capabilities, such as the time it takes to brake, accelerate and how much room to leave between vehicles.

Other dangerous acts drivers of passenger vehicles can commit around large trucks include:

Failing to slow down or speed up when a truck begins to merge or change lanes
Pulling in front of a truck from the shoulder without accelerating fast enough
Abruptly changing lanes in front of a truck
Misjudging a truck's speed at an intersection, and turning in front of it
Driving between large trucks
Unsafely passing, especially with insufficient space in front of the truck Passing a truck, then being blown out of position by the wind
Abandoning a vehicle in a travel lane, or failing to move a broken-down vehicle completely off the highway
Merging improperly into traffic, causing a semi truck to maneuver or brake quickly

Have you have been involved in a large truck accident in the Greenville, South Carolina area? Then please contact South Carolina truck accident attorneys at the Dick James Law Firm for a free case evaluation.

Pedestrian Accidents

2010-03-16T17:01:00.002-04:00

Pedestrians lack the safety of occupants in motor vehicles, and are without the protective gear of motorcyclists. Therefore, pedestrians are the most vulnerable party when using the same roads and infrastructures as drivers. If you have been hurt in a pedestrian accident, contact a personal injury lawyer to review your case.

Preventing a pedestrian accident

When you are on foot, you should take proactive steps to avoid a pedestrian accident. Here are some things you can do:

Never trust a driver: Simply because there is a posted stop sign, does not mean that every driver will stop. And a flashing signal that says, "walk" should not give you the OK to blindly stroll into an intersection.
Look both ways: While you heard it throughout grade school, the same holds true for adults and children alike: look both ways before crossing the street. Blindly putting your trust into the stranger of motor vehicle can prove dangerous, even deadly. Drivers can be distracted, especially with cell phones in today's technology age. Therefore, it is essential that you make sure the driver of a motor vehicle observes you before you enter a cross walk.
Never cross in the middle of a block: Drivers of motor vehicles are not looking for pedestrians in the middle of a block. Additionally, parked cars can obstruct views for both pedestrians and drivers.
Wear visible clothing: If you plan on walking near a roadway, especially in the dark, be sure to wear clothing that can be seen at night. White is a good color, reflective clothing is even better. If you can even wear a reflective vest or armband, this can be effective in reflecting headlights from a car.

If you or a family member has been injured in a pedestrian accident in the Greenville, South Carolina area, please contact South Carolina pedestrian accident attorneys at the Dick James Law Firm. We offer free case reviews, so you have nothing to lose. Please call us today.

Spinal Cord Injuries

2010-02-05T17:40:00.001-05:00

Initially, a spinal cord injury can be very terrifying incident. Besides the pain of your impact, you may realize that you are not able to move your legs or arms. Some spinal cord injuries are permanent, others only temporary. If you or a loved one has been involved an accident that resulted in this kind of injury, contact an experienced personal injury lawyer today.

Preventing a spinal cord injury

While it may be impossible to completely avoid a spinal cord injury, there are some things you can do to lessen your chance of suffering one, if you are involved in an accident.

Motor vehicle accidents

Wear a seatbelt at all times.
Seat children 12 and under in the back seat.
Never drive under the influence of drugs or alcohol, or get into a vehicle with a driver who is under the influence.

Falls

Put a non-slip mat on the floor of your bathtub or shower
Install handrails around staircases and a handle in the tub or shower
Use a step stool to retrieve objects in high places.
Wear sturdy shoes with sufficient support.

Sporting activities

Avoid unnecessary head contact with equipment and athletes.
Always wear protective gear.
Never dive head-first into a pool without first checking the depth.
Use a spotter for new gymnastics moves.
Do not jump from higher than 10 feet in the air. Even if you land on your feet, you may damage your spinal cord.

Have you been involved in an accident that resulted in a spinal cord injury in the Greenville, South Carolina area? Then please contact the personal injury lawyers at the Dick James Law Firm of South Carolina to schedule your no-cost case review.

Traumatic Brain Injuries

2010-01-08T16:14:00.002-05:00

A traumatic brain injury (TBI) often occurs when an outside force traumatically injures your brain. If you have suffered a brain injury, contact a qualified personal injury lawyer to discuss your options.

Causes

These severe brain injuries are typically caused by falls, automobile accidents, or blows to the head. However, a TBI is not always caused by your head colliding with an object. It is possible to suffer a brain injury by internal damages, including:

Insufficient oxygen to your brain
Insufficient blood flow to your brain
Poisoning
Tumors
Infection

The outcome of a TBI depends on many factors. The location of your injury and the degree of impairment will play a large role in whether your damage will be temporary or permanent, and the extent of which you will be able to resume the same activities you enjoyed prior to the accident.

A traumatic brain injury often impairs one of more of the following areas:

Cognition: This includes your attention, concentration, memory, perception, judgment, mood and reading and writing abilities.
Sensation: This can be your tangible senses like touch and things like vision and hearing problems.
Movement: This encompasses your endurance, strength, balance and coordination. It can also cause you to experience tremors and have difficulty swallowing.

Social Security Disability Insurance (SSDI)

2009-12-08T12:55:00.001-05:00

Generally speaking, if you have a physical or mental disability that prevents you from doing that work you are suited to do, and your disability is expected result in death, or last longer than a year, you may be able to collect Social Security Disability Insurance (SSDI) benefits. By contacting an experienced SSDI attorney, you can find out whether you qualify for these benefits and how to move forward with filing a claim.

SSDI vs. SSI

Many people confuse the Social Security Disability Insurance (SSDI) with the Supplemental Security Income (SSI) program. Here are the differences:

SSDI: These benefits are given to you and certain of your family members of if you have worked long enough and paid Social Security taxes (which are used to fund this program). If you qualify for SSDI, you will be enrolled in Medicare after two years of receiving SSDI benefits.
SSI: These benefits are paid to you on the basis of financial need, regardless of whether or not you have ever worked. The SSI program is federally funded by the US Treasury's general fund as opposed to Social Security taxes. If you qualify for SSI, you automatically qualify for Medicare without having to undergo a wait period.

Dealing with a denied claim

If your claim is denied for SSDI, you are among the majority. Roughly 60 to 70 percent of claims are initially denied. Many people are then awarded these benefits during the appeal process.

If you live in the Greenville, South Carolina area and your SSDI claim was denied, please contact South Carolina workers' SSDI attorneys at the Dick James Law Firm. We can review your case free of charge and help you through the appeal process so you can collect the money to which you are entitled.

Workers' Compensation

2009-11-10T16:13:00.001-05:00

While there are many occupations that can result in a work-related injury, some are more common than others. Below are some of the most common injuries you can suffer in a variety of jobs, in which you may claim workers' compensation. If you have been involved in an on-the-job injury, contact a qualified workers' compensation lawyer today.

Falls from heights

Many jobs require workers to climb, even a short distance, in order to complete a task. For example, a painter balances on scaffolding so he can paint the ceiling. Retail workers may have to climb ladders to A truck driver climbs into his cab to begin his route. A retail sales clerk climbs a ladder to gather products from the shelf or a storage area. Even office workers may climb the stairs to get to their office.

These jobs and more carry the risk of falling. The floors may be slick, the pavement may be uneven, or the stairs may not have a railing. Falls are the most common reason for sprains, strains and muscle tears. They can also result in more severe injures like broken bones and head injuries.

Lifting Injuries

Anyone in any occupation can suffer from a lifting injury. But those who work in jobs like manufacturing, nursing and the transportation industry are at a higher risk of a lifting injury. Improper lifting techniques are more to blame than the actual weight of the load. The most common place to become injured is the back; however a lifting injury can also cause damage to your knees, neck or other limbs.

Automobile Accidents

Anyone who uses a vehicle for work is at risk of being involved in an automobile accident, not just truck drivers. A teacher may crash his vehicle while driving to a regional meeting, or a sandwich delivery driver may be hit while making a delivery.
Motor vehicle accidents are the leading cause of workplace fatalities in America.

When you are on the clock, there is no telling when or where you may become injured in an accident. If you live in the Greenville, South Carolina area and become hurt at work, please contact South Carolina workers' compensation attorneys at the Dick James Law Firm for a complimentary case review.

Criminal Defense

2009-10-20T12:38:00.000-04:00

If you are being charged with a criminal crime, you may be wondering whether to represent yourself, or to hire a criminal defense lawyer. By contacting a criminal defense lawyer, you can have him or her review your case, and decide whether you want to move forward with legal representation.

Representing yourself

The simple rule is that the less serious the crime, the more sense it makes sense to represent yourself. For example if you are charged with a minor traffic offense, you probably do not need to hire a criminal defense attorney. However, if you are charged with anything from a misdemeanor to a felony, it is a good idea to speak to a criminal defense attorney to discuss your case.

Defendants should consider what the worst punishment would be if you are convicted. If this is something you want to avoid by all means, then hiring an attorney can help reduce fines and possible jail time. Keep in mind that a conviction also carries hidden penalties, like more severe punishments for a second conviction and increased insurance premiums.

If you have been charged with a crime in the Greenville, South Carolina area, please contact South Carolina criminal defense attorneys at the Dick James Law Firm to schedule a free consultation.

Wrongful Death

2009-09-25T17:33:00.001-04:00

While wrongful death lawsuits may be filed for a number of reasons, there are certain types of accidents are more common than others. No matter the accident, if your family member has been killed because of someone else's negligence, contact a wrongful death lawyer to discuss your case.

Dangerous occupations
The U.S. Department of Labor and the Bureau of Labor Statistics publishes an annual Census of Fatal Occupational Industries. Data released in 2007 shows that there were a total of 5,488 work-related fatalities. Nearly half of these were transportation incidents, followed by accidents with objects or equipment. There were about the same amount of deaths from violent acts as there were from falls. Exposure to harmful substances was next, followed by fires and explosions.

The four industries with the highest fatality rates, according to the 2007 data include:

Agriculture, forestry, fishing, and hunting
Mining
Transportation and warehousing
Construction

The four occupations with the highest rate of fatalities include:
Fishers and related fishing workers
Logging workers
Aircraft pilots and flight engineers
Structural iron and steel workers

Medical malpractice

At hospitals throughout America, medical malpractice is another leading cause of wrongful death. More than 225,000 people die each year from medical malpractice injuries. Some of these deaths are the result of.

Surgical negligence and malpractice
Medication errors
Bacterial infections
Birth injuries
Wrong diagnosis or one that is too late

Have you lost a family member in an accident that was due to another person's negligence? If so, please contact South Carolina pedestrian accident attorneys at the Dick James Law Firm to arrange a no-cost consultation.

Three Dangerous Drugs

2009-06-30T18:24:00.000-04:00

Ten or twenty years ago, we would hear an occasional news report about a dangerous drug that had made its way to consumers and was causing terrible side effects such as liver damage, strokes, blood clots, or even death. Now, it seems that virtually every week we hear about another drug being recalled or being given a black box warning due to deadly side effects not listed, or even suppressed, by the drug’s manufacturer.

The South Carolina defective drug attorneys at The Dick James Law Firm in Greenville, South Carolina are currently accepting pharmaceutical injury cases.

Three drugs that you may have heard about in the news recently are:

• Digitek (generic digoxin)
• Duragesic (generic fentanyl)
• Reglan (generic metoclopramide)

Digitek was recalled because tablets of double strength were produced erroneously; it has been reported that these tablets were sold for over a year. An overdose of digoxin may result in what is called “digoxin toxicity,” which can cause nausea, vomiting, low blood pressure, cardiac problems, and even death.

Fentanyl is very strong narcotic pain reliever that comes in the form of a pain “patch.” Inside these pages is a gel-like form of the drug; fentanyl is sold under the brand name Duragesic. Duragesic patches were recalled in February 2008 due to leaks in the patches, which caused overdoses and most often, death.

Reglan was recently issued a black box warning by the FDA because this medication, prescribed for gastro-intestinal problems, has been linked to a disorder known as Tardive Dyskinesia, a condition that causes involuntary, repetitive movements of the body, even after the drug has been stopped.

If you or a loved one has been harmed by a defective drug, please contact South Carolina defective drug attorneys at The Dick James Law Firm in Greenville, South Carolina today to schedule a confidential, no-cost consultation.

Welcome

2009-06-30T18:19:00.001-04:00

Welcome to our blog.