No Snooze, You Lose: The Dangers of Drowsy Driving

From everyday stress to overnight work shifts, there are no shortage of reasons why Americans often do not get enough sleep. Tossing and turning can take a serious toll, leaving you exhausted to face the day ahead. While this common problem may seem minor, driving while drowsy has, in fact, become a major concern. 

One survey found that 60% of adults admit to driving drowsy in the past year – which comes as no huge surprise with one in three people reporting less than the recommended 7 hours of sleep each night. But more alarmingly, according to the AAA Foundation, 37% of those surveyed admitted to actually falling asleep behind the wheel. In fact, the National Highway Traffic Safety Administration estimates that 100,000 police-reported car accidents – resulting in 1,550 fatalities – are caused by sleep-deprived drivers each year.

Watch for Warning Signs

Here at West Law Firm, our car accident attorneys have seen the devastating impacts of auto wrecks. We would like to remind drivers that drowsy driving not only puts your life at risk, but the lives of those sharing the roadway. These warning signs indicate that you may not be fit to drive:

• Excessive yawning or blinking
• Missing your exit
• Difficulty maintaining the proper speed
• Drifting out of the lane
• Trouble recalling the last few miles driven

Drowsy vs. Drunk Driving

With many studies to back up the claim, it is now undeniable that driving drowsy is indeed just as risky as driving drunk. Research proves that sleep deprivation and drunkenness have similar impacts on driving ability, both causing the following:

• Slower reaction times
• Decreased ability to stay focused
• Inhibited decision-making

The most sobering statistic? Driving with 24 hours of sleep deprivation is the equivalent of driving with a BAC (blood alcohol level) of 0.1% – over the legal limit of 0.08%.

Trust Your Local Car Accident Attorneys

For legal advice after a Berkeley County car wreck, there’s only one team in town: West Law Firm. Our experienced car accident lawyers are equipped to handle cases like yours, seeking to recover the damages you deserve – such as compensation for medical bills, vehicle repairs, lost wages and more.

If you have been injured in an auto accident, contact our Moncks Corner-based team today. To schedule your free consultation, call 843-761-5626 or click here.

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Making Your Claim: Do’s & Don’ts of Personal Injury Cases

If a serious accident left you injured, your next steps will make a major impact on your future. Even a small error could dramatically influence the outcome of your claim. The personal injury attorneys at West Law Firm can offer the guidance you need to make the right moves – and maximize the compensation you receive.

Here are some helpful do’s and don’ts to keep in mind:

DO THIS: Seek medical treatment as soon as possible.
NOT THAT: Disregard minor aches and pains.

It is crucial that you get proper medical care as soon as you can after your accident. Even if you do not think your minor injuries warrant a trip to the doctor, it is crucial that you get checked out anyway. Adrenaline may be masking the severity of your injuries, and as the shock wears off, seemingly minor injuries may, in fact, point to more serious issues. If you wait to seek treatment, the insurance company may even try to claim that you are not legitimately injured, resulting in a lower settlement.

DO THIS: Take action immediately.
NOT THAT: Wait to file a personal injury claim.

If you have been injured in an accident in Berkeley County, do not wait to file a personal injury claim. While the South Carolina statute of limitations gives accident victims three years to take legal action, it is best to contact your personal injury attorney immediately to ensure evidence is preserved. Plus, as mentioned above, waiting to pursue compensation gives the insurance company opportunity to claim that you are not truly injured – or that your injury was not caused by the accident.

DO THIS: Disclose all injuries to your doctor, including mental trauma.
NOT THAT: Over- or underexaggerate the extent of your injuries.

It is crucial to be honest with your doctor and to accurately portray your injuries. Underexaggerating could prevent you from getting the best care possible, and ultimately, delay healing. Overexaggerating, on the other hand, could result in your claim being denied or thrown out.

DO THIS: Retain all accident-related documents.
NOT THAT: Fail to obtain police reports, medical records, etc.

Be sure to carefully document all medical treatment and request copies of your medical records as well as accident reports. These will be used as evidence, serving to strengthen your personal injury claim.

DO THIS: Let your lawyer advocate for you.
NOT THAT: Speak to the insurance company.

The insurance company is a for-profit business, meaning that your health and wellbeing are not their primary concern. Any statement you make could potentially be used against you. While this may sound cynical, it is simply the truth. Your personal injury attorney is skilled in negotiating with insurance companies, so trust them to handle all communication.

DO THIS: Negotiate a fair settlement.
NOT THAT: Accept the insurance company’s initial offer.

Your Berkeley County lawyer can help maximize your compensation, ensuring you do not settle for less than you deserve. Because they will do all they can to avoid a payout, the insurance company may not offer a fair settlement for your personal injury claim. Your attorney will negotiate on your behalf, and if a reasonable agreement cannot be reached, they can file a lawsuit and take your case to court.

DO THIS: Hire an experienced personal injury attorney.
NOT THAT: Attempt to handle your case on your own.

While you have the right to file a personal injury claim on your own, it is not a route we recommend. Our accident lawyers are familiar with the legal process and the laws at play, equipping us to recover the damages you deserve. Do not put your compensation at risk by attempting to handle your case alone.

Get the Compensation You Deserve.
Our experienced Berkeley County lawyers will handle your case from start to finish, helping navigate the legal system in pursuit of the compensation you are entitled to. If you have been hurt in an accident, entrust your case to a team with a reputation for results.

We are prepared to handle a wide variety of personal injury claims, including the following:

• Car accidents
• Trucking accidents
• Motorcycle accidents
• Workplace accidents
• Boating accidents
• Slip and falls
• Medical malpractice
• Construction accidents
• Wrongful death and survival claims

To schedule your free consultation at our Moncks Corner office, call 843-761-5626 or click here.

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Need to Know: Preventing Nursing Home Abuse

About 1.4 million Americans reside in nursing homes, putting a significant portion of the population at risk for abuse at the hands of overworked, undertrained caregivers. As the population ages, more and more elderly individuals will require care – and unless things change, the rate of nursing home abuse will continue to rise.

Emotional abuse is the most common form (11.6%), closely followed by financial exploitation (6.8%) and sexual abuse (6.8%), according to the National Center on Elder Abuse. In fact, one national survey revealed that 40% of nursing home staff admits to committing emotional abuse. While this type of trauma can easily go unnoticed by family members, its impact leaves invisible scars. Plus, bear in mind that only an estimated 20% of cases are ever reported.

Is Poor Management to Blame?
While there is no excuse for abuse or substandard care, the nursing home’s management is often just as much to blame as the caregivers themselves. Studies show that 90% of nursing homes are unstaffed, with nurse aide to patient ratios sometimes skyrocketing to 1:30. This leads to burnout and an overall decreased quality of care – even among caregivers with the best intentions.

Choosing the Right Nursing Home
The decision to move your loved one to an assisted living facility is never an easy one. Most elderly people feel reluctant to leave their homes behind, even if managing a household and their medical care has become too burdensome.

To ensure your family member receives the best care possible, be sure to do the following:

• Involve them in making a list of potential nursing homes/long-term care facilities
• Consult your loved one’s doctors to learn more about their specific needs
• Research each nursing home on the list
  • Check safety records
  • Read reviews
  • Ask for referrals (from friends, family, medical care providers, etc.)
  • Compare costs
  • Consider available Medicare or Medicaid benefits
• Tour a few facilities after narrowing down the list
  • Note the number of staff members and their overall demeanor
  • Ask about a typical day (available activities, menu options, etc.)
  • Inquire about level of independence
  • Observe interactions between staff and residents
  • Check out the size and cleanliness of rooms/units

Trust Your Gut
If you suspect that your loved one is not receiving adequate care, it is important to trust your gut. Here at West Law Firm, we recommend sharing your concerns with a qualified nursing home abuse lawyer. Our team can help gather evidence and offer trusted legal advice along the way.

There are other cases where potential abuse is more than a hunch. If your family member openly voices a concern or suffers injuries that clearly indicate abuse, it is crucial to contact a Berkeley County lawyer immediately. Here’s what to watch for:

• Bed sores or open wounds
• Loss of hair
• Unexplained bruises or bleeding
• Burns
• Sudden weight loss
• Torn, soiled, or stained clothing or bedding
• Changes in personality, behavior, sleeping/eating, etc.

Keep in mind that even a seemingly minor complaint could indicate a much larger problem – and the nursing home must be held accountable. Nursing home residents’ top complaints include:

• Slow response from staff
• Social isolation
• Low quality food
• Roommate conflicts
• Poor sleep
• Lost/stolen belongings

Your Berkeley County Nursing Home Abuse Lawyers
Our team is committed to ending elder abuse, ensuring nursing home residents here in the Lowcountry are treated with the dignity they deserve. If your loved one is receiving substandard care in a Berkeley County, SC long-term care facility, get in touch today. To schedule your free consultation at our Moncks Corner office, call 843-761-5626 or click here.

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Non-Economic Damages: Pain and Suffering

After suffering a devastating injury, healing is the goal. But there is more to recovery than meets than eye. Even after the doctor has deemed an accident victim fit to resume normal physical function, they may continue to struggle. Emotional and mental trauma can be just as debilitating as physical pain – and while compensation isn’t a cure, it can help to ease future financial burdens.

What Is Pain and Suffering?

In addition to physical pain, the legal term “pain and suffering” includes the following:

• Insomnia
• Anxiety
• Depression
• Grief
• Fear
• Mood swings
• Loss of quality/enjoyment of life
• Loss of companionship
• Damage to reputation
• Lack of energy, appetite or sexual function
• Post-traumatic stress disorder (PTSD)

How Do You Prove Pain and Suffering?

Because of the intangible nature of emotional and mental distress, proving pain and suffering can be difficult. An experienced personal injury attorney can help, using the following resources as evidence for your claim:

• Witness testimony (friends, family, co-workers, medical professionals, etc.)
• Daily progress logs or journal entries
• Post-injury prescriptions (for pain, insomnia, depression, etc.)
• Proof of treatment by mental health professional/therapist

How Are Damages Determined?

Because pain and suffering damages are considered “non-economic,” there is no exact equation to calculate an amount. Insurance companies typically rely on one of two methods: the Multiplier Method (multiplies amount of economic damages by a number between 1 and 5) and the Per Diem Method (multiplies a daily amount by the number of days needed to recover).

If the insurance company offered you an amount that seems unfair, West Law Firm can help. Trust our personal injury attorneys to fight for the compensation you deserve, considering a variety of factors to determine a reasonable settlement. During your free consultation, we’ll ask about the following:

• Length of recovery 
• Severity of injury and pain
• Overall health before and after your injury
• Physical limitations caused by injury that impact daily life (work, hobbies, relationships, etc.)
• Age

Trust Your Local Personal Injury Attorneys

Conveniently located in Moncks Corner, SC, West Law Firm is proud to serve injury victims throughout Berkeley County and beyond. If you are experiencing pain and suffering after an accident, do not hesitate to get in touch.

Our personal injury lawyers can help determine a fair amount of compensation – and fight to get you the damages you deserve. We understand that the scars left behind from an accident are not always visible, and we will offer the support and legal advice you need as you walk through trying times.

To learn more or to schedule your free consultation, contact West Law Firm today! Call 843-761-5626 or click here.

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Best Case Scenario: 6 Things That Impact Your Criminal Defense Case

Criminal charges are serious, with a potential conviction putting your future on the line. Due to the gravity of the situation, it is incredibly important to have the right team in place. A determined, experienced criminal defense attorney will position your case to achieve the best possible outcome. 

The following aspects play a major role in building a strong case: 

1. Investigation & evidence
To supplement the evidence gathered by the police, your criminal defense attorney will likely launch a thorough investigation of their own. This may involve conducting witness interviews, reviewing accident reports and consulting experts.

2. Compelling case narrative
While the prosecution is focused on convincing the jury that you are guilty “beyond a reasonable doubt,” your criminal defense attorney’s job is to present your side of the story. This case narrative details your defense and casts doubt that you have indeed committed a crime.

3. Understanding of criminal law & court procedures
Not every lawyer is equipped to handle a criminal law case. It is crucial to entrust your case – and your future – to an experienced attorney with a deep knowledge of case law. This not only gives you an advantage in the courtroom but ensures your attorney can explain what to expect as your trial unfolds.

4. Negotiation skills
Keep in mind that the majority of cases do not go to trial. Your attorney, during the discovery phase, may be able to negotiate a dismissal or get your charge reduced to a less serious crime. That is where finely-honed negotiation tactics come into play!

5. Criminal history
Having a clean record increases the odds that your charges may be reduced. On the other hand, repeat offenders often receive stronger sentences/penalties.

6. Community ties
Hiring a hometown criminal defense attorney ensures their familiarity with local court rules – and more often than not, a familiarity with local judges and the district attorney too. This can work in your favor if a particular judge has a reputation for ruling a certain way on certain cases, for instance.

Here at West Law Firm, our criminal defense team has built a reputation for results. If you have been charged with a crime, trust our defense attorneys to fight for you – whether your case goes to trial or is settled outside of the courtroom.

To learn more about our criminal defense approach or to schedule your free consultation at our Moncks Corner, SC office, get in touch today! Call 843-761-5626 or click here!

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Making Sure Care Is Covered: Workers’ Comp Edition

If you have been injured on the job, getting the medical treatment you need is crucial. Many injured workers wonder if their care will be covered, fearing that getting better could cause their financial situation to get worse.

West Law Firm’s Workers’ Comp attorneys are here to set the record straight. Our team understands the nuances of SC Workers’ Compensation law, and we’re committed to getting injured workers the benefits they are entitled to.

Here are some of the most common questions regarding medical care for on-the-job injuries:

1. Can I choose my own doctor?

Simply put, no. For medical treatment to be covered by Workers’ Compensation insurance, you must visit your designated company doctor. If you do not believe that the company doctor provided adequate care, you may request a second opinion. Our Workers’ Comp attorneys can help you get the high-quality medical treatment you need.

       2. What type of medical care is covered?

You are entitled to all medical treatment deemed necessary for your recovery. This includes the following:

• Hospital stays
• Surgery
• Medications
• Prosthetic devices
• Medical supplies
• Ongoing care (physical therapy, occupational therapy, etc.)

        3. What if the insurance company does not authorize the recommended treatment?

In some cases, your employer’s insurance company may refuse to pay for the treatment the doctor recommends. Because we believe that medical professionals, not insurance agents, should dictate appropriate care, our injury lawyers will file for a hearing before the SC Workers’ Compensation Commission. After hearing the medical evidence, a judge will approve or deny the recommended treatment. 

       4. What is maximum medical improvement?

Maximum medical improvement is reached when your doctor decides that additional treatment will not improve your physical condition. Once MMI is achieved, your doctor will issue an impairment rating and outline any future treatment. As long as additional care (such as physical therapy or medication) will shorten your disability period, the insurance company must keep paying for it.

      5. What if my doctor releases me to light duty work?

If your doctor releases you to “light duty” (modified work at your current place of employment), you must accept it. If you do not, compensation will be discontinued.

If you were hurt at work, contact West Law Firm today! Our Workers’ Compensation attorneys are proud to serve Berkeley County, speaking up for the hard-working employees who keep our community going strong. 

Located in Moncks Corner, our office is easy to find! Get in touch today to schedule your free consultation. Call 843-761-5626 or click here!

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Estate Planning: For Your Family’s Future

The start of a new year is a great time to set goals and make resolutions. But it is important to think beyond the next year, and to put plans in place for your family’s future. This often involves creating a will or a comprehensive estate plan.

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3 Key Differences Between Car and Trucking Accidents

Whether you’ve been injured in a collision with another car or a commercial truck, West Law Firm will help recover the damages you deserve.

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Child Safety Seat 101

From scraped knees to bumps and bruises, most kids sustain countless boo-boos as they venture toward adulthood. For parents, there is no shortage of “what-ifs” to worry about, but the biggest risk occurs on the road.

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