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When You Fall Head Over Heels, Call Trammell & Mills

Personal Injury , , , , , ,

We can’t help you when you fall in love, or out of love, but we can help you.  What we do involves holding other individuals and companies responsible for their negligence, ignorance, or omissions that caused you harm. Yes, that really means the insurance company hiding behind the people and companies that pay for just that type of incident.  Those negligent, ignorant, or forgetful people and companies often have little to do with the decisions that make you whole again. A wide array of real world examples and some of the most common types of cases are below:

  • injured while workingand not really getting straight answers from your employer or HR person;
  • another driver not paying attention and rammed their 3,000 pound hunk of metal into your only means of transportation. Now you can’t move your neck or get to work;
  • a tractor trailer driver on interstate 85nearly kill you when they were switching lanes while texting;
  • neighbor’s dog get loose again and bite your child, leaving permanent scars and an infected wound;
  • finally realize you are in need of Social Security benefits and got denied;
  • can’t believe a manufacturer would sell a product so dangerous;
  • slip, trip, or fallon someone’s property that knew there was a problem where you fell;
  • get jumped on, beat up, called dirty names, and held without your permission until a large retailer realized you actually paid your bill.  Oops, they made a mistake;
  • something not true being written and/or said about you to others;
  • have to lay your motorcycle down because another driver didn’t see you.

Those are just the top ten or more scenarios that have come into the office in the past couple months. I am sure there are more but I think you get the point. Enjoy your Valentine’s Day and hopefully you never need us. HOWEVER, if you ever do, or know someone that does, just tell them to call us or visit our website.

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Pain & Suffering Under The Law in South Carolina

Motor Vehicle Law & Statistics, Personal Injury

If you get hurt in a car wreck or injured in some other type of accident that isn’t your fault, you can take legal action to get fairly compensated. You may be entitled to collect damages, which is the legal term for financial payment from a lawsuit.

Whenever someone is the victim of a personal injury, the amount of money they can seek is broken down into two categories. First is Economic Damages, calculated by medical bills for treatment of your physical injuries, medications, or even an ambulance ride. This also includes lost wages, the amount of money you can’t earn from your job because you’re too hurt to work. It’s repayment for the measurable costs you experience after the accident.

The second category is Non-Economic Damages. You could be paid a separate amount for long-term physical disability or limitations caused by the injury, loss of a companion, ongoing inconvenience, or for pain and suffering.

What is “pain and suffering?” Legally, it refers to the physical and emotional injuries suffered by a victim after an accident.  This could be a combination of physical pain and mental or psychological agony.  It might be the result of ongoing impairment, disfigurement, loss of enjoyment of life, depression, or even anger. A traumatic accident or injury can have long-lasting effects.

How much can you collect for pain and suffering?  In South Carolina, there is no statewide standard for adding up a dollar value of Non-Economic Damages. There’s not a chart that lists standard payment amounts.  Each injury case is considered separately, and Non-Economic Damages are determined individually by the court. If you ever see a commercial for another law firm suggesting that a car wreck automatically pays $100,000, that’s just not true.

To determine pain and suffering, you need to look at the long-term disadvantages your accident injuries have caused and will cause, in your lifetime. This can be extremely difficult to do on your own, and we don’t recommend trying it. You need the professional experience of a personal injury attorney to establish fair and reasonable amounts that fit your specific situation. Trammell & Mills is a personal injury law firm based here in the Upstate that handles these types of cases all the time.

Economic and Non-Economic Damages apply to cases where you are less than 50% responsible for the accident or personal injury. There are statutes of limitations on recovering some damages, so taking legal action in a timely manner is important. And there are maximum dollar limit caps on some Non-Economic Damages, such as malpractice or claims made against the government.

If you’re the victim of a car wreck, if you get hurt because of negligence at someone’s home or business, or if you get an injury because of a defective product, don’t try to settle the matter yourself.  And never assume that insurance will cover all your costs. Trust the experienced attorneys at Trammell & Mills to help you recover your Economic Damages, as well as fair payment for any pain and suffering you may experience.

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Why Your Medical Records Matter in Personal Injury Cases

Personal Injury , , , , ,

The subject has come up too many times in the past couple weeks where clients are disputing what is documented in their medical records that were written by their own treating physicians. I will admit, prior to becoming an attorney in South Carolina, I would trust what the doctor told me in the private setting of the examination room. As Lee Corso says, “Not so fast my friend.”

It does not matter if you are being assisted by Medshore EMS at the scene of a motor vehicle collision or talking to your long time AnMed Family Medicine physician, those medical providers are documenting everything you tell them. As a matter of fact, the Federal Government has mandated all records be made digitally so you can even read the physician’s handwriting. Well that wasn’t their main reason for doing it but it sure has helped in reading Dr. Wadee’s records.

You have the right to request your medical records and you should do that on a quarterly to annual basis depending upon your frequency in medical treatment. (No, the discharge or checkout paper you get does not count as a medical record that is important.) It will help you see what information is documented from your visit with medical providers and also help ensure that your medical concerns and complaints are actually being addressed. Let me provide a news flash when that may become relevant…IN A PERSONAL INJURYCASE! 

If you are involved in some kind of traumatic incident (workers’ compensation claim, car wreck, dog bite, slip & fall, product liability claim, nursing home negligence, or medical malpractice case) and claim the injuries you sustained from that incident are all because of that traumatic incident, you have to prove it to be reimbursed by the evil insurance companies. Your back may be hurting but if just the week before you were complaining of back pains, the question becomes how much more, if any, is your back hurting from the traumatic incident. Don’t come in telling me your life is changed forever for the worst because of this traumatic incident but have no medical documentation to prove that claim.

As an attorney, I can not tell the evil insurance company that your doctor told you it was all because of the traumatic incident. Shockingly, the evil empire would not believe me or you. However, the evil tryanny sometimes believes what is in the medical records. Not all the time but let’s not get caught up in the fact that the evil empire will have a 22 year old college, educated adjuster make medical diagnosis and decisions. We will save that subject for another article.

Today, your take away is this:

  • You are legally entitled to a copy of your medical records,regardless if you owe a balance to the medical provider. Now there may be a copying charge or retrieval fee but you are still entitled to those printed and detailed records, along with your itemized bills. Click here to print off this page, if the gate keeper at your medical facility doesn’t believe you.
  • Do you really know what your doctor has documented? What do you think your doctor will depend on as the truth a year from their visit with you if asked by a lawyer? That exact conversation or their medical records?
  • What is documented in your medical records will help your recovery from a traumatic incident or help the evil empire against your recovery. So, if you are experience back pain, emotional trauma, sleepless nights, relationship troubles, and so forth, I better read it in the medical records or it is not happening!

***When I Googled “evil insurance companies” there was a link with a discussion of whether insurance companies were evil or stupid.  Although it was about health care, the liability insurance carriers are designed the same way, maximize return to their shareholders while minimizing the payout of claims (YOUR CLAIM). I thought this was a very interesting response:

Doug Dingus, Everybody pays, everybody covered

622 Views

Insurance companies have a basic conflict with us in that their goal is to maximize for the shareholders, and that happens best when they deliver the least health care access for the most dollars.

So, the answer is by design, but said design is an artifact of our health care policy, meaning they are neither stupid or evil.

We can remedy this with regulation, or public primary care insurance, or competition, depending on how said competition is structured

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Crash Course: Personal Injury Law

Personal Injury

You’ve probably seen and heard a lot of commercials for law firms. Many of them insult your intelligence with cartoonish catchphrases or screaming phone numbers but they don’t actually talk about practicing law. At Trammell & Mills, we don’t play those games. We treat our profession—and your legal issues—with respect.
Our law firm is dedicated to the practice of Personal Injury Law. That means we fight to protect the rights of people like you who suffer serious injuries caused by others or by faulty products and get them paid fairly. We don’t handle criminal defense cases, divorces, or DUI charges. Our goal is to get injured people the money they deserve. Here’s a quick crash course on the client categories we cover:
Workers’ Compensation – Lots of people suffer injuries while at work. If you get hurt on the job, your employer is supposed to file an insurance claim so you can keep getting paid while you recover. But some companies drag their feet and greedy insurance companies don’t want to pay anyone anything any time. We know the law and we can help cut through the red tape to push along the payment process.
Car and Truck Crashes – Wrecks happen every day on interstates and side streets. All too often, car and truck drivers are distracted or just careless. If you become a victim in a wreck, cooperate with the police and exchange insurance information. Don’t be afraid to seek medical attention if you have injuries. Don’t ever take advice from the at fault driver’s insurance company, that is like listening to the Devil on how to get to Heaven. Then contact us, so we can make sure you get fairly paid for any medical bills, lost wages, or scars and to keep watch on your insurance claim process.
Slip & Falls and Dog Bites – Some accidents occur on other people’s property. When this happens, whether it’s an injury from falling or a bite from someone else’s dog, the owner needs to be held responsible. We apply the law to hold them legally liable, so you get paid what they owe you.
Defective Products, Vehicles, or Machinery – Sometimes, a product you buy just doesn’t work properly. It could be a car, or a power tool, or a household appliance. When you get injured as a result, the manufacturer or seller needs to compensate you for your expenses. That can be a tricky process, so you need legal help to make your claim.
Nursing Home Abuse – When an elderly relative needs the assistance of a nursing home, you trust and expect them to live there safely. Sadly, that’s not always the case. If you suspect any kind of abuse, neglect, or mistreatment- call us immediately. After an investigation, we’ll prosecute any heartless abusers aggressively. Our elders deserve better than that, and nobody should tolerate it.
If you suffer a personal injury in any of these categories, we’d be honored to put more than 50 years of legal experience to work for you. We’re local attorneys based in the Upstate, and we’re ready to help. Call Trammell & Mills at (864) 485-8585 to take proper legal action for your injury, so you can get the payment you deserve.

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Crashes and Falls Leading Causes of Traumatic Brain Injuries (TBI)

Personal Injury , , , , ,

Traumatic Brain Injuries are said to be the leading cause of death in South Carolinians from the ages of 1-44, per statistics from the Brain Injury Association of South Carolina. The known leading causes for TBI are said to be falls and motor vehicle collisions according to the Brain Injury Association of America.

As illustrated in a recent article in The Greenville News, TBI affects a range of cognitive, behavioral, emotional and physical functions, which can include anything from problems with short-term memory, personality changes and speech impediment to lack of coordination and persistent fatigue.  As awareness of these type injuries is increasing, there are still believed to be over 60,000 South Carolinians living with traumatic brain injuries.

Rebecca Hadel was in a t-bone collision when she sustained a traumatic brain injury, along with other severe physical injuries. The Greenville News article, “Recovering, Step by Step”, highlights her personal story along with information about TBI.  As Hadel states in the article:

“Brain injuries don’t ever go away…”

 

To learn more about traumatic brain injuries and the resources available, click on any of the below links:

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