Traumatic brain injuries are happening, and being reported, more frequently than ever before according to injury attorneys and the Brain Injury Association.  In fact, more than 1.5 million traumatic brain injuries (TBI’s) occur each year as both isolated injuries or in addition to other injuries.  It also seems that reports of chronic brain injuries are on the rise, leading us to believe that TBI has become a serious public health issue.  Even worse than a single TBI, chronic brain injuries are those suffered by, for instance, football players who repeatedly have injuries to their head.  CTE, or chronic traumatic encephalopathy, is another term is used to describe this occurrence in the medical field.  CTE can be caused by multiple TBI’s, and is defined as a degenerative brain disease that is usually found in athletes who have dealt with long-term effects of head injuries and concussions.  In sports, awareness of CTE has increased in recent years due to several athletes who had committed suicide were found to have suffered from the disease.  Unfortunately, the only way to diagnose CTE is to examine the brain after death.  Even so, there are still no established range of identifying features for the disease.

The root of the problem is the TBI.  TBI’s have the ability to inflict serious and sometimes permanent disabilities on people.  This could lead to impairment of things like motor skills, abilities to speak and visual capabilities.  More severe impact is often noted once the victim has had the time to understand their injury and just how serious it is, and they are usually left with feelings of emptiness and depression.

According to the Brain Injury Association, When a head injury occurs and a TBI is suspected, there are three criteria that may be met:  1) documented loss of consciousness; 2) failure to recollect the actual traumatic event that occurred; and/or 3) presence of skull fracture, post-traumatic seizure or receipt of an abnormal brain scan following the traumatic event.  There are many things to be considered when a head injury occurs, which is why it is critical that victims seek medical attention without delay so that a secondary injury does not happen.  In TBI cases, the secondary injury can possibly occur after the initial injury (trauma) due to, for instance, lack of oxygen to the brain.

On December 16, 2013, the National Institutes for Health announced that the NFL has made a large donation to fund eight research projects surrounding the TBI issues at hand.  They hope to find answers to their questions about TBI, including the understanding of long-term effects of repeated injury (CTE) and the improvement of recognizing concussions and their subsequent treatment.

TBI is the leading cause of death in young adults, but there are groups that are at higher risk, including young athletes, men and women in the military, and individuals with other professions that are associated with frequent head injuries.  This research should help lead to better testing, as there is currently no test to reliably identify when someone has a concussion.  Furthermore, additional research and new tests have the potential to allow medical professionals the ability to predict recovery times and symptoms for victims of head injuries.  According to NIH, there is a need “to be able to predict which patterns of injury are rapidly reversible and which are not.  This program will help researchers get closer to answering some of the important questions about concussions.”  In fact, two of the eight projects are focused solely on “defining the scope of long-term changes that occur in the brain years after a head injury or after multiple concussions.”  The remaining six projects will be focused on providing support for “the early stages of sports-related concussions.”  The projects will also help medical professionals in the future to distinguish between CTE and Alzheimer’s, including other neuro-degenerative disorders.  Hopefully this will help identify the disease during someone’s lifetime, rather than after they have passed.  With some of the newest brain-imaging equipment available, researchers will be able to come up with the diagnostic criteria needed to identify chronic features all types of brain trauma, from mild TBI to the most severe cases of CTE.

Head injuries may be hard to avoid due to one’s profession, but other times accidents may happen and lead to a head injury.  Our injury lawyers in Myrtle Beach, South Carolina are aware of these dangers.  The last thing a victim or family member should be concerned with is how to cover the costs of their loved one’s medical expenses or worse, funeral arrangements.  Our traumatic brain injury lawyers can assist you through every step of this process.  We can help you recover for your or your loved one’s medical expenses, lost wages, pain and suffering, rehabilitative costs, and any other expenses associated with the incident.  No amount of money will take away the pain or bring your loved one back, but the process will often bring some type of closure and hold the accountable party responsible for their negligence.  Here at The Mace Firm, we are advocates for victims and seek to provide them the best representation possible.

If you are considering filing a personal injury or wrongful death claim, contact one of our Myrtle Beach personal injury attorneys for a free consultation at 1-800-94-TRIAL.  You may also contact us online.  Visit our website for more information on traumatic brain injuries.

Personal injury lawyers are always on high alert during the summer months in Myrtle Beach due to the increase in motorcycle traffic.  According to the WMBF News, a fatal accident occurred on U.S. 17 Bypass near 21st Avenue North in Myrtle Beach, South Carolina.  The Myrtle Beach Police Department has confirmed that one male who was on a motorcycle has been killed as a result of the accident.  There is no indication as to whether he was wearing a helmet.  A woman, accompanying the man on the motorcycle, was transported to Grand Strand Regional Medical Center and was reported to be in critical condition.  Police state that the motorcycle was heading north and lost control.  It crossed the median and hit an SUV traveling south.  Passengers in the SUV were also taken to Grand Strand Regional Medical Center.  It is unclear as to the state of their conditions.

U.S. 17 Bypass is a dangerous road.  Drivers have to be especially cautious on this highway because accidents occur on a daily basis.  Here are just a few examples of the catastrophes that have occurred on this highway:

October   2, 2013: runner hit by car while running near her home on U.S. 17   Bypass.  Her pelvis, wrist, and several bones in her back were   broken.  She is currently at Grand Strand Regional Hospital in serious   condition. March   31, 2013: pedestrian killed by hit-and-run vehicle on U.S. 17   Bypass.  He died of internal injuries from the accident. September   10, 2012: woman died in a two car accident on U.S. 17 Bypass.  She   was attempting to cross the highway in her vehicle and was struck by an   oncoming motorist.  Both drivers were taken to the Grand Strand Regional   Medical Center. April   2, 2012: two car accident on U.S. 17 Bypass.  Several people injured   and taken to Grand Strand Regional Hospital. May   24, 2011: man died from head trauma following a motorcycle accident on   U.S. 17 Bypass.  The at-fault driver failed to yield the right of way to   the man. February   28, 2010: SUV was flipped onto the driver’s side and man in vehicle was   seriously injured on U.S. 17 Bypass.  He was transported by helicopter   to the Medical University of South Carolina in Charleston.

It only takes one negligent driver for horrible consequences to result.  At times, it is not the act of a negligent driver but a defective product that causes an accident.  Our personal injury lawyer in Myrtle Beach, South Carolina are aware of the dangers on these highways.  Unfortunately, these types of accidents occur quite frequently.  The last thing a victim or family member should be concerned with is how to cover the costs of their loved one’s medical expenses or worse, funeral arrangements.  Our personal injury and wrongful death lawyers can assist you through every step of this process.  We can help you recover for your or your loved one’s medical expenses, lost wages, pain and suffering, rehabilitative costs, and any other expenses associated with the incident.  No amount of money will take away the pain or bring your loved one back, but the process will often bring some type of closure and hold the accountable party responsible for their negligence.  Here at The Mace Firm, we are advocates for victims and seek to provide them the best representation possible.

If you are considering filing a personal injury or wrongful death claim, contact one of our Myrtle Beach personal injury lawyers for a free consultation at 1-800-94-TRIAL.  You may also contact us online.  Visit our website for more information on wrongful death claims or car accident claims.

South Carolina automobile insurance law can often be confusing.  It is best to hire a knowledgeable and experienced personal injury and accident attorney to determine if you have a potential claim.  However, in this post, we will attempt to explain the basics of South Carolina insurance law as to liability insurance, underinsured motorist coverage, and uninsured motorist coverage.  Please note that such an analysis may not apply in your particular case.

When you are involved in an accident, there are three possible routes to insurance coverage depending on the extent of your injuries: (1) liability insurance; (2) first-party insurance; and (3) un-involved vehicle underinsured motorist and uninsured motorist coverage.

LIABILITY INSURANCE

South Carolina requires that insurance policies governed by its laws have a minimum amount of liability coverage.  The minimum amount is $25,000 per person and $50,000 per occurrence (“$25,000/$50,000”).  See S.C. Code Ann. § 38-77-140.  This means that the insurer will pay each victim up to $25,000, but no more than $50,000 for that accident.  Of course, individuals seeking an insurance policy may opt for more than the minimum amount.

The liability insurance would be the first place an injured party would seek reimbursement for his or her injuries.  Liability insurance is insurance that provides payment to an injured party when an insured under the policy is legally liable.  The at-fault driver cannot collect liability insurance because this policy only pays for liability and you cannot be liable to yourself for “self-inflicted” injuries.  In order for an injured party to collect from the policy, it must be determined whether the at-fault driver is an insured on that specific vehicle’s policy.  This does not necessarily mean that the at-fault driver must be the named-insured on the policy.  They could be a resident relative or spouse and be covered under the policy.  They could also have permission to drive the vehicle which would also invoke coverage if the at-fault driver acted within the scope of that permission.  See S.C. Code Ann. § 38-77-140(7) (“‘Insured’ means the named insured and, while resident of the same household, the spouse of any named insured and relative of either, while in a motor vehicle or others, and any person who uses with the consent, express of implied, of the named insured the motor vehicle to which the policy applies . . . .”)

FIRST-PARTY INSURANCE

An injured party would next look to first-party insurance on the vehicle that was involved in the accident if the liability coverage was not enough to cover your injuries or if the at-fault party was uninsured.  In this case, you would be seeking underinsured motorist coverage (“UIM”) or uninsured motorist coverage (“UM”).  UIM applies when your injuries exceed the amount of the at-fault driver’s policy limits.  See S.C. Code Ann. § 38-77-140(15).  UM applies either when the at-fault driver is uninsured and has no insurance policy, when the at-fault driver is unknown, or when the at-fault driver’s coverage is less than the minimum requirement for liability insurance (i.e., $25,000 per person/$50,000 per occurrence).  See S.C. Code Ann. § 38-77-140(14).  A person may have less than the minimum requirement if they are from another state that requires less coverage than South Carolina law.  UM coverage is mandatory in South Carolina and an insured is entitled to at least the $25,000/$50,000 in coverage.  See Burgess v. Nationwide Mut. Ins. Co., 373 S.C. 37, 40-41, 644 S.E.2d 40, 42 (2007).  UIM; however, is not mandatory in South Carolina.  Id.  Your insurer must offer you the coverage, but you have no obligation to accept it.  Id.

First-party insurance is different from liability insurance.  It is an auto policy in which the injured claimant is an insured.  There are two categories of insureds: Class I insureds and Class II insureds.  See Concrete Services, Inc. v. U.S. Fidelity & Guar. Co., 331 S.C. 506, 509, 498 S.E.2d 865, 866 (1998).  Class I insureds include the named-insured, the named-insured’s spouse, and any resident relatives of the named-insured.  Class II insureds are permissive users and guests.  Id.  Class I and II insureds are entitled to collect UM or UIM (if available) on the insurance policy.  Id.  In other words, you do not necessarily have to be paying directly on the policy to receive coverage.  In fact, you may not even know the insurance policy exists and may still be considered an insured if you fall within the two categories.

UN-INVOLVED VEHICLES

Next, you would seek coverage on any un-involved vehicles that you are a Class I insured on if the previous two options were not enough to cover your injuries.  UIM and UM are personal and portable.  Nationwide Mut. Ins. Co. v. Rhoden, 398 S.C. 393, 399, 728 S.E.2d 477, 480 (2012).  In other words, UM and UIM is for the benefit of the insured and follows the insured, not the vehicle.  It makes no difference whether you were injured in the vehicle that has the UIM or UM coverage.  Depending on your status as an insured in the involved vehicle, you may be able to stack or reach back to your UM or UIM policy on an un-involved vehicle or vehicles.

An insured may stack multiple policies when they are considered a Class I on the vehicle involved in the accident (i.e., the vehicle you were driving or riding in at the time).  However, you can only get as much from each policy as you collected from the involved-vehicle.  For example, if the involved-vehicle policy provided $25,000 in UIM, then any stacked policies cannot provide more than $25,000.

If you are not a Class I insured on the vehicle involved in the accident, then you have the option to reach back to one other policy to which you are a Class I insured.  You may only reach back to one policy, unlike stacking.  However, you are not limited by the involved vehicle’s policy coverage.  For example, if the involved-vehicle policy provided $25,000 in UIM and you have a vehicle with $100,000 in UIM in which you are a Class I insured, you may be able to collect the full limits depending on the extent of your injuries.  This means that the best alternative is obviously to go after the policy that has the most coverage.  It is not clear whether UM has the same limitations in South Carolina law.  Therefore, it is arguable that you could potentially reach back to as many UM policies as you have available.

CONCLUSION

These are the most common ways in seeking automobile insurance coverage after an automobile accident.  Of course, most insurance policies include an exhaustion policy in which you are not entitled to UIM coverage until you have exhausted the liability coverage.  Because this process can be very complicated, it is best to speak to a knowledgeable car accident attorney to determine your options and potential for coverage.  Our injury attorneys at The Mace Firm will ensure that we do everything possible to get reimbursement for your injuries.  Our personal injury lawyer, Russell W. Mace III, has over 15 years of experience in personal injury litigation and is a member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum.  Mr. Mace aggressively represents his clients and is always concerned for their best interests.

If you would like to speak with a personal injury attorney, please contact our office at (843) 829-2900 or toll free at 1-800-94-TRIAL for a free consultation.  You may also contact us online.