Wednesday, 15 June 2022

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.



from Welcome to the West Law Firm, P.A. located in Moncks Corner, SC. We have been serving the lowcountry since 1945 as a family run law firm. Give us a call! https://westlawfirmsc.com/making-your-claim-dos-donts-of-personal-injury-cases/
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Wednesday, 8 June 2022

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.



from Welcome to the West Law Firm, P.A. located in Moncks Corner, SC. We have been serving the lowcountry since 1945 as a family run law firm. Give us a call! https://westlawfirmsc.com/need-to-know-preventing-nursing-home-abuse/
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