Michelle Mate's Archives

Holding Manufacturers Accountable for Defective Product

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With technology being such a huge part of our lives. It is very important that before a product is released the marketplace, manufacturers ensure their product is safe. Manufactures have to take the right measures to ensure there are no defects and that the product includes appropriate warnings and/or instructions. Product manufacturers and suppliers have a legal obligation to protect consumers from unreasonable harm, they can be held accountable if the product defect leads to an injury or death.

On May 7, 2016 40-year-old Joshua D. Brown, was in Williston, Florida when the cameras on his Tesla failed to distinguish the reflection of the brightly lit sky from the white side of a tractor-trailer that was making a turn. The brakes on his tesla did not automatically activate causing the tesla to strike the truck and then hitting a telephone pole that was a quarter mile down the road. When the ambulance and firefighters arrived at the scene it was too late Mr. Brown was pronounced dead at the scene of the accident.

In a wrongful death case such as this one the surviving family members of the deceased may be able to file a claim against the manufacturer or supplier of the product to collect damages for medical bills, loss of companionship and other damages. Proving that the manufacturer or similar entity is responsible for the individual’s death can involve the assistance of doctors, engineers, experts, and other professionals who have a thorough understanding. At The Mace Firm we have experienced wrongful death attorneys who have established relationships with experts and professionals who would ensure that each one of the claims have a strong foundation. Our attorneys would help you through these very difficult times to ensure that the death of your loved one is compensated. Wrongful death lawsuits help survivors recover monetary damages that cover their financial and emotional losses after the loss of a loved one and our attorneys at The Mace Firm will be there to help you every step of the way.

Wrongful Death actions in South Carolina

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Michael Wayne Perritt, 43, has pleaded guilty to the charge of reckless homicide which resulted in the death of 63 year old, Margaret Robbins. On July 1, 2015 Perritt was driving 60 mph on U.S. 501 in a 45 mph zone when he lost control of his vehicle. Perritt’s vehicle traveled across the median into the opposite lane where he then struck Robbins vehicle head on. Robbins passed away at Grand Strand Regional Medical Center on July 17, 2015 due to the injuries sustained from the accident. Perritt was sentenced on March 23, 2016 to three years in prison and is currently incarcerated at J. Reuben Long Detention Center according to WMBF News. The family of Margaret Robbins is now left dealing  with the pain of losing her due to the wrongful actions of Michael Perritt.

The death of a loved one is a profound and horrible event. At times like this it is very hard to think straight and rational about what the next step is. At our firm we are experienced in helping familiess and we have developed a unique ability to help them in this great time of need. The law in a wrongful death case in South Carolina states that whenever the death of a person shall be caused by the wrongful act, neglect or default of another and the act, the party is entitled to maintain an action and recover damages in respect thereof,  the person who would have been liable, if the death had not ensued, shall be liable to an action for damages. If your family has recently lost a loved one as a result of someone else’s negligence, it is best to contact a wrongful death attorney to discuss your legal options. The Mace Firm wrongful death attorneys understand how difficult of a process this can be for the family members involved. To ease this burden,we offer our personal relationship and support to assist them in any way that we can. If you or a loved one is considering filing a wrongful death action. Please contact one of our wrongful death lawyers  today for a free consultation.

Fatalities During Memorial Day Weekend

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Memorial Day has become less of an occasion of remembrance. Many people choose to hold picnics, sports events and family gatherings on this weekend. This day is traditionally seen as the start of the summer season for cultural events. In Myrtle Beach Memorial day weekend is the beginning of bike rally’s. Starting with the Harley Davidson bike week and ending with Atlantic beach bike week. During both bike weeks, there were exactly 16 traffic accidents in the area in 2014. According to the S.C. Department of public safety one motorcyclist is killed every 4.1 days in South Carolina. The South Carolina Traffic Collisions Fact Book says that in 2009, the most recent year for which numbers are available, there were 95 fatal motorcycle wrecks and 18 fatalities involving “motorized bikes” (mopeds) on South Carolina highways. Another 1,290 motorcyclists were injured in wrecks on South Carolina roads in 2009. Many motorcyclist suffer from minor injuries while others can suffer from more critical injuries.

For instance on January 6, 2015, Furman Hanna, of Aynor, died due to a blunt force internal injury when a 63-year-old man driving a 2009 Chevrolet HHR north on Enoch Road; attempted to make a left turn onto a private driveway. He turned in front of the 2009 Harley Davidson motorcycle and the vehicles collided. Hanna was not wearing a helmet and died at the scene of the accident. Recently another accident was reported on April 18, 2015, Jackulin Cataldi, died at Grand Strand Regional Medical Center from head injuries sustained in a motorcycle accident. The Harley Davidson motorcycle was traveling north on Highway 17, and the Mercury was turning onto the highway from Cypress Avenue, when the Mercury failed to yield the right of way, causing the motorcycle rider to lay the motorcycle down. Many don’t realize the importance of sharing the road and being cautious during bike week or just anytime when there is a motorcycle on the road.

One of the main causes of motorcycle accidents is simply the failure of others to see motorcyclists. Because of this, motorcyclists are often blamed if an accident occurs. However, just because these vehicles are smaller and harder to see does not excuse other drivers from fault if an accident happens. Riding a motorcycle is something many do as their main source of transportation or as a favorite past time especially during times like bike week. For more than 75 years bike week attracts hundreds of thousands of bikers from around the country. But, regardless of why a person chooses to use a motorcycle, the dangers drivers and passengers face are significantly greater than those faced by occupants of a traditional motor vehicle. According to WMBFNews there were 134 reported motorcycle collisions during Atlantic beach bike week. If a motorcycle accident happens, the damages sustained can be extreme and those injured or in the event of fatality the victim’s surviving family members may seek compensation for any losses suffered.

Our personal injury attorneys in Myrtle Beach, SC have experience representing motorcycle riders that have been injured in the Grand Strand area.  Our personal injury attorneys in Myrtle Beach have also sadly represented families who have had to experience the wrongful death of someone in their family. It is a very hard time for anyone when they are in this situation, but with the help of an experienced attorney at The Mace Firm families recover compensation for their injuries and compensation for pain and suffering.  Call today to schedule your free consultation with one of our personal injury lawyers.

 

Fatal Accidents Caused By Truck Drivers

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Interstate I-95 is the main north-south land-based transportation interstate on the east coast of the United States. This interstate is a critical transportation connector for the majority of the east coast population, millions travel this interstate daily. I-95 begins at the north-east corner of the US at Houlton Maine and travels south through 15 different states and ends in Miami. This interstate offers many great tourism opportunities, as i-95 travels through or in close proximity to some of America’s greatest cities, attractions, scenic spots, historic sites, and beaches.

Even though this interstate may provide you with beautiful landmarks and scenic spots it also has a down side to it. I-95 is known as one of the deadliest interstate in the United States. According to the South Carolina department of public safety, in 2014, there were 153 crashes on I-95 in South Carolina killing168 people. In 2015, there were 161 fatal crashes and 182 killed. Speed is a huge factor while driving on I-95. Many drivers believe that it is okay to drive 60 mph on the left lane instead on being in the right lane. Drivers need to be aware that not only small compact vehicles commute on that interstate but also commercial trucks. Trucks are bigger, heavier, and longer than other vehicles on the road, making it difficult for truck drivers to switch lanes, come to a stop, or see other vehicles.

For example, Saturday, March 21, 2015, a five-vehicle collision occurred on I-95 northbound at Exit 170 in Florence County killing five people including a 7 month old baby. In addition to the five victims, there were seven other people involved in the crash. The others declined transportation to area hospitals. Windy Hill firefighters responded to the crash and arrived to find two vehicles on fire, one on the interstate and one pinned under a commercial truck. There were two victims in each of the burning vehicles and one victim was ejected from the vehicle in the crash.  Florence County Coroner Keith von Lutcken, identified the victims as Barry Himes, and Jacqueline Ann McCann, from Johnstown, Pennsylvania, and, Jeremiah Joseph Cross, Crystal Cross, and Grayson Cross, from Ontario. I-95 was closed for almost 12 hours due to the investigation and severity of this accident.

Driving a truck is much different than driving a car and much more dangerous. Truck drivers need to be extremely cautious and aware while driving. Last year, famous actor Tracy Morgan, filed a lawsuit against Wal-mart for negligence, claiming that the driver was sleep deprived due to his long schedule as a truck driver.  According to the preliminary investigation the National Transportation Safety Board said Roper was driving 65 mph in the minute before he slammed into Morgan’s van. The speed limit on that stretch of the highway is 55 mph but had been lowered to 45 mph that night because of construction. Due to the negligence of the driver the life of comedian James McNair was lost and Morgan suffered traumatic brain injuries. He continues trying to recover from this accident but he will never be the same person as he was before.

If you or a loved one is involved in an accident, contact a Myrtle Beach injury lawyer at The Mace Firm in Myrtle Beach. Our Auto accident attorneys help victims and their families recover compensation for their injuries and compensation for pain and suffering. It is important to contact an experienced Myrtle Beach accident attorney to ensure that your rights are protected. Our personal injury attorneys in Myrtle Beach have represented families in this type of situations and have extensive experience in personal injury cases.  Call today to schedule your free consultation with one of our personal injury lawyers.

The REDEEM Act

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The Record Expungement Designed to Enhance Employment (REDEEM) Act is potential new legislation that will aid non-violent offenders in sealing and expunging their records.  This opens up a variety of doors not only for these offenders, but for society as a whole.  So many offenders, once released are unable to obtain gainful employment because of their criminal history.  The purpose is to stop the cycle of incarceration and poverty.  Our prison system is simply overpopulated and when previous offenders reoffend due to lack of employment opportunities, it makes the overpopulation problem a growing concern.  This legislation to meant to halt this effect.

JUVENILES

If the legislation passes, it would automatically permanently seal the criminal records of juvenile non-violent offenders.  It would also expunge the records of offenders under fifteen (15) years of age if they have not reoffended after three (3) years.

ADULTS

The legislation would also allow adult non-violent offenders to petition to have their records sealed if they have not reoffended a year after their sentence is completed.  Sealing the record would close it from public view and allow it to be treated as having never occurred.  Additionally, certain low-level drug offenders would also be allowed to continue to receive certain federal support despite their criminal record.

Medical Malpractice Settlement—$850,000.00

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Plaintiff informed Defendant (regular physician) in 2009 that she felt a lump in her breast.  Defendant examined her breast, felt the lump and advised her to get an ultrasound.  She received the ultrasound and Defendant diagnosed the mass as fibrocystic and stated no additional treatment was necessary.  Plaintiff had her annual pelvic exam in December of 2010 and asked Defendant to examine her breast because she thought the lump was increasing in size.  He examined the breast and stated that though it felt more firm, he did not feel anything that resembled a tumor.  He did not recommend any additional testing at that time.  In February of 2011, Plaintiff’s breast began to change significantly in shape and appearance.  She immediately called to schedule an appointment with Defendant.  Defendant scheduled her for a mammogram and biopsy.  She was diagnosed with Lobular Carcinoma.  The mass in her breast was the size of a tennis ball.  She underwent various cancer treatments and surgeries.  Our South Carolina medical malpractice attorneys brought an action against the Defendant with the aid of co-counsel for medical malpractice and negligence.  The parties settled for $850,000.00.

Medical Malpractice Attorneys In Myrtle Beach Discuss Joan Rivers Death

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The tragic death of the Joan Rivers was such heart breaking news. The comedian who crashed the male-dominated realm of late-night talk shows and starred with her daughter on E! in Fashion Police, died September 4, 2014 at age 81. Rivers went in last year for a procedure to check on a raspy throat, fell unconscious and never woke up. Joan Rivers, died of brain damage due to lack of oxygen after she stopped breathing during an endoscopy at Yorkville Endoscopy, her death was classified as a therapeutic complication.
Later on, an investigation was ordered by the Federal Center for Medicare and Medical Services and they found that the clinic made several errors. Those errors include failure to keep proper medication records and snapping selfies with Rivers while she laid on the surgery bed unconscious. The clinic also failed to get consent for every procedure that was performed and also failed to record River’s weight before the sedation medication. According to News “Investigators discovered that the clinic’s medical director, Lawrence Cohen, allowed River’s private doctor, celebrity ear-nose-and-throat specialist Gwen Korovin, to do the unauthorized biopsy windpipe examination even though Korovin wasn’t cleared to work at the clinic.”

Yorkville is in danger of losing its federal accreditation in March. Which would bar it from charging Medicare or Medicaid for procedures on any of its patients. The level of malpractice in this situation is unbelievable. The lack of care and cautiousness that occurred is beyond belief. No one realized how serious the situation was until their was no turn around point. The River’s family did not deserve to be put through such pain because of negligence on behalf of a few doctors. If the doctors would have simply abided by the rules and performed their job correctly Jones would still be here today. Melissa Rivers, Joan’s daughter is pursuing a million dollar medical malpractice lawsuit to ensure that this never happens to anyone else. Ambulatory care centers need to have the same oversight that hospitals have to ensure that patients are treated properly and with care.

Our Medical Malpractice Attorneys in Myrtle Beach are experienced attorneys who will make sure to assist through every step of the way. The Rivers family needs closure and by making sure justice is served will help them cope with the traumatic experience.  Our Wrongful Death 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 South Carolina Wrongful Death Attorney can answer any questions or concern that you may have.  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.  You may also contact us online or visit our website for more information on medical malpractice.

 

Wrongful Death/Auto Accident Settlement—$1,297,500.00

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A truck was hauling a large piece of equipment for delivery.  The truck was traveling between 7 and 14 m.p.h. on the Interstate at night.  It was equipped with insufficient lighting.  The equipment was initially hit by an SUV.  The impact disabled the SUV in the middle of the roadway.  The truck stopped and blocked the right-hand and emergency lanes.  Plaintiff’s husband was driving in the right-hand lane and collided with the truck.  He passed away shortly after the accident.  Plaintiff was a passenger in the vehicle and suffered multiple fractures.  Our South Carolina wrongful death attorneys brought an action against the driver, the owner of the piece of equipment and the business that sold the piece of equipment for negligence, wrongful death and loss of consortium.  The parties settled for $1,297,500.00.

Boating Accident Judgment—$1,000,000.00

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Plaintiff was surfacing from a dive and was hit by Defendant’s 28’ vessel.  Plaintiff suffered major lacerations to his upper body and a compound fracture in his arm when the vessel’s propeller hit him.  The bone from his broken arm was protruding from his dive suit.  An action was brought against the Defendant for negligence and loss of consortium.  Our personal injury attorneys successful had a judgment entered in the amount of $1,000,000.00.

South Carolina Attorneys discuss teens death in deadly crash

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The family and friends of 18-year-old Rena Springs continue to mourn the tragic loss on Wednesday afternoon after being involved in a car crash on Highway 9 the day before.

According to The South Carolina State Highway Patrol, “The crash happened when a car ran a stop sign and was hit on the passenger side by a car on SC 9 Bypass.The crash happened on the corner of Log Cabin Road and Highway 9. Rena was in the passenger seat, when the driver failed to yield.”

The car was then hit by another vehicle headed South on Highway 9. All that was left was the memory of the crash that took a young girl’s life away. Tire marks, glass, and the pieces of the car were all that were left. Rena Springs died at the Loris Community Hospital emergency room and the driver was also transported to the hospital where he continued to recover from the injuries.

According to WBTW the Funeral services for “Dakotah” Springs will be held Saturday, August 2, 2014 at Loris First Baptist Church at 4 p.m. with Reverend Hunter Johnson officiating. Committal services will follow at Harrelson Cemetery. Visitation will be Friday, August 1, 2014 from 6 until 8 pm at Hardwick Funeral Home.

This is an unfortunate situation for all involved. Sadly when accidents like this happen no one wants to think about the costs. The family must be devastated that they have lost a loved one and all they want is justice for what happened. For many individuals, the funeral services are very difficult to afford. Our South Carolina personal injury attorneys understand that financial worry is the last thing on someone’s mind during these troubling times.But, insurance companies are hesitant to pay what is deserved even in wrongful death cases. Our South Carolina Wrongful Death Lawyer will guide you and help you through this very tough time. You do not want an insurance company to take advantage because you are in a vulnerable state and settle for less than the claim deserves. Our South Carolina Attorneys handle personal injury cases through every stage of the process and will represent your interests while you focus on what really matters.

We have injury attorneys licensed in South Carolina, Florida and Georgia. Our central office is located in Myrtle Beach, South Carolina and we handle cases throughout the state. We represent clients on all types of injury claims, including car accident, wrongful death, slip and fall, and traumatic brain injury claims. Contact us today for a free consultation at (843) 839-2900 or online.