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Featured Posts

Boating Accidents and Injuries

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Boating and other water sports are popular pastimes here in Charleston County. On a hot summer day, taking a quick spin on a jet ski or leisurely sipping drinks on the deck of a pontoon can be a satisfying escape from the heat on land. Like any other vehicle, boats and other watercraft pose an injury risk to their passengers and operators. Although there are many ways to reduce your risk of becoming injured while operating a watercraft, there is no way to completely eliminate this risk.

If you’ve been injured in a boating accident, you could be entitled to monetary compensation for the costs associated with your injury. It all depends on which party’s negligence is responsible for your injury and whether or not you could have avoided it.

Contact our firm at 843-606-2755 to discuss your case with one of our experienced personal injury attorneys. We can help you figure out if you have grounds for a personal injury claim and if so, the best way to approach it. Every case is unique and a strategy that worked for somebody else might not work for you and your case.

Possible Boating Injuries

There are many ways to become injured on the water. Some of these injuries are specific to boating and other watercraft and others can be sustained on land as well, through motor vehicle and bicycle accidents. The following list details ways a boat’s operator or passenger could become injured:

  • Driving a boat or other watercraft while under the influence of alcohol or other drugs;
  • Failing to properly maintain one’s boat or watercraft;
  • Failing to obey channel markers and other traffic suggestions, including speed limits in speed-regulated waterways;
  • Loading one’s watercraft beyond its weight limit with people or objects;
  • Failing to obey weather warnings and other hazards ;
  • Colliding with another watercraft; or
  • Crashing into rocks, sandbars, and other natural formations.

These actions can lead myriad injuries that could become costly, life-altering, and even deadly. Some of these possible injuries include:

  • Broken bones;
  • Head and neck injuries;
  • Spinal injuries;
  • Paralysis;
  • Fractures;
  • Sprains; and
  • Internal and external bleeding.

It’s crucial that you seek medical attention immediately following any type of accident. A seemingly minor injury can rapidly become a much worse affliction if it is left untreated. Always remember to put your health and safety first by obeying posted ordinances, keeping a first aid kit and life jackets on your boat, and seeking medical help when you need it.

Monetary Compensation For Your Injuries

In South Carolina, the statute of limitations for personal injury claims is three years from the date of the accident. If you think you could be entitled to monetary compensation, be proactive and start working with a personal injury attorney as soon as you can. Waiting to begin this process could have a negative impact on your eligibility for compensation.

Personal Injury Attorneys Can Help

At the McGrath Law Firm, we put accident victims first. After you’ve received medical attention for your injury, call us at 843-606-2755 for your free legal consultation. We can help you get the money you deserve.

Medical Malpractice: When Treatment Goes Awry

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When you’re under the care of a doctor and other medical professionals, the last thing you expect is to become injured. However, it can happen. Anything from surgery to preventative care to the birth of the newest member of your family can leave you or a loved one permanently disabled, injured, paralyzed, or dead.

When you’ve suffered from any type of injury due to medical malpractice, you deserve to have your expenses compensated by the responsible party. This can mean filing a personal injury claim against your healthcare provider. In the United States, this type of claim is alarmingly common – in 2012, $3.6 billion in payouts were awarded to medical malpractice victims. These payouts came through 12,142 settlements.

If you’ve been a victim of medical malpractice, contact one of the experienced personal injury attorneys at our firm to help build a strong case. Don’t let your healthcare provider’s mistake bankrupt you; let our firm help you get the compensation you deserve.

What Can Monetary Compensation Cover?

The monetary compensation you receive following a personal injury claim can cover all the expenses you incur due to your injury. These expenses can include:

  • Medical bills
  • Lost wages due to time out of work
  • Accommodations for any disabilities or reduced mobility caused by the injury. This can include the installation of a wheelchair ramp at the victim’s home or a specially-modified vehicle for his or her use
  • Pain and suffering. This covers all the unquantifiable hardships the victim faces, such as bruising, scarring, depression following an injury, and the changes he or she must make to his or her lifestyle to accommodate the injury

As a victim of medical malpractice in South Carolina, you may receive up to $350,000 in non-economic damages from a single healthcare provider. Non-economic damages are anything other than medical bills, lost wages and other monetary losses that can be calculated through pay stubs and bills. If more than one provider is found to be responsible for a victim’s injury, the victim may receive up to $1.05 million in payouts.

Economic damages are not capped in South Carolina.

South Carolina’s Medical Malpractice Laws

Section 15-79-110 of the South Carolina Code of Laws outlines the definition of medical malpractice in South Carolina and the rules for filing a personal injury lawsuit for victims who’ve suffered from this type of negligence.

SC Code 15-3-530 states the statute of limitations for medical malpractice claims in South Carolina is three years following the injury. This means that any individual who has been injured because of medical malpractice has three years to file his or her claim. Once three years pass, the victim no longer has grounds for a personal injury claim.

Personal Injury Attorneys Can Help

Medical malpractice is a serious issue that can affect anybody. If you’ve suffered from an injury or complication due to negligence on the part of a healthcare professional, contact the McGrath Law Firm at 843-606-2755 today. We’re here to advocate for you and help you receive the money you deserve.

Finding the Right Divorce Attorney in Charleston

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The divorce process can be long, difficult, and confusing. It might seem like there’s an endless supply of divorce attorneys out there waiting to take on your case. But how do you know which attorney is best for you? Do you know how to evaluate potential divorce attorneys and seek out the right qualities in the lawyer who’ll handle your case

The following is a list of points to consider when interviewing prospective divorce attorneys for your case. Every lawyer has his or her own unique strengths in and out of the courtroom. Choosing the right attorney for your case can be the difference between reaching your goals for your divorce settlement and coming away from the process with far less than you’d hoped for.

The Attorney’s Professional History and Credentials

When you’re interviewing attorneys to potentially represent your case, ask about their professional histories. Research your prospective attorney and find out if he or she has a history of misconduct or unethical behavior. Don’t be afraid to ask about his or her case record, either. How does your prospective attorney talk about any difficulties in his or her past? Does he or she try to brush them off, or offer reasons why he or she was unsuccessful in those cases and plans for ways to improve on them?

Learn all you can about every potential attorney’s experience with family law and divorce. Take the time to discuss the specifics of your case and how the rules written out in Title 20 of the South Carolina Code of Laws can affect it.

Is He or She a Professional?

Your case deserves the utmost dedication and attention to detail from your attorney. If you feel like you’re just a number to him or her, chances are you’re not getting the best customer service. An attorney is providing a service and he or she should be professional and treat your case as a top priority.

Does your prospective attorney return your phone calls and emails in a timely manner? Is he or she open with you about the process? It’s your divorce; you need to be an active part of it.

Attorney’s Fees and Divorce Costs

Don’t be afraid to ask about his or her rate per hour. When you first meet with a prospective divorce attorney, ask him or her how much he or she charges per hour. It is also a good idea to ask for an approximate estimate of your divorce’s total cost. Your attorney can’t know exactly what the divorce will cost or what unexpected issues will arise, but he or she should be able to look at your case and, based on past experiences, make a good guess about its total cost.

South Carolina Divorce Attorneys Can Help

If you’re beginning the divorce process, call the McGrath Law Firm at 843-606-2755 to discuss your case with one of our team’s family attorneys. We’re here to advocate for you and help you seek your ideal divorce settlement.

Compensation for Your Motor Vehicle Accident Injuries

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Most of us travel by personal motor vehicle every single day. It’s a simple, automatic part of our daily lives.  Rarely, if ever, do most motorists think about the possibility that they could be involved in a life-changing car accident at any moment.  However, this kind of accident occurs every single day. In 2009, more than 100,000 motor vehicle collisions occurred in South Carolina. A car accident can result in injuries, scarring, permanent disability and even death to drivers and passengers.

If you’ve been injured in a motor vehicle accident that you did not cause, you could be entitled to monetary compensation to cover the expenses you have incurred due to your injury. Examples of such expenses are medical bills, lost wages because of time spent out of work, general care for your aches and pains, and accommodations you’ve had to make because of lessened mobility or a temporary disability following your accident.

The McGrath Law Firm in Mt. Pleasant, South Carolina is here to help you claim your monetary compensation. Our personal injury attorneys have an intricate understanding of state personal injury laws and can help you develop a strong case.

South Carolina Statute of Limitations

Under S.C. Code Ann. Section 15-3-530, the statute of limitations for all personal injury claims in South Carolina is three years from the date of the accident. That means that once three years pass after your accident, you are no longer entitled to file a personal injury claim and potentially collect monetary compensation. This is why it’s so important to be proactive and contact a personal injury attorney as soon as you can following a motor vehicle accident.

The statute of limitations is also one of the reasons why it is crucial that you seek immediate medical attention for your injuries. Even if you feel fine or only have scratches and bruises from an accident, go to your doctor for an examination. Some conditions appear fine at the time of the injury, only to become prevalent months or even years later. A doctor’s record can also greatly help your claim.

Comparative Negligence in South Carolina

South Carolina is a modified comparative negligence state. That means that when an accident occurs in South Carolina, multiple parties may file claims against each other, depending on how at-fault each party is determined to be. For example, imagine two cars are involved in a collision. One of the drivers is injured and opts to file a personal injury claim against the other driver. The insurance adjuster finds that although one driver’s carelessness primarily caused the accident, the filing driver’s speeding added to its impact. The adjuster may state that the filing driver holds 30% of the responsibility for the accident. In this scenario, the filing driver is only entitled to collect 70% of the total amount of money that he might have been entitled to collect because he holds 30% of the responsibility for his injury.

Personal Injury Attorneys Can Help

Don’t accept the first settlement you’re offered for your injury unless you’ve already discussed your case with a personal injury attorney. Your attorney can help you determine if you’re entitled to a larger compensation package. If you accept less money than you’re entitled to receive, you could find yourself bankrupted by your injury years down the line. Don’t let your injury bankrupt you – get the money you deserve by working with the McGrath Law Firm. Call us today at 843-606-2755.

 

Protect Yourself from Brain Injuries

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Your brain is your most vital organ. It’s responsible for all of the body’s other functions, both voluntary and involuntary. If part of an individual’s brain is damaged, he or she may face life-altering disabilities, cognitive issues and possibly death. If you’ve suffered from any type of head injury, you could be entitled to monetary compensation. Contact one of the personal injury attorneys at our firm to learn more about your rights as a head trauma victim.

Any type of accident can cause a head injury. An automobile accident, medical malpractice, or a fall can lead to serious brain injuries. Seek medical attention immediately after suffering from any type of injury. This is crucial for a few reasons:

  • Put your health first. Increase your chances of a speedy, full recovery by seeking and receiving medical help.
  • You’ll minimize your risk of further injury. Some injuries seem minor at first, but can become more severe if they’re left untreated over time. Avoid long-term injury and disability by being proactive about your health and recovery.
  • Build the case for your personal injury claim by creating a paper trail. If you can show that a doctor has examined your injuries and given a diagnosis for them, you’re much more likely to win the compensation you’re seeking.

Why Seek Monetary Compensation?

The monetary compensation you could receive from a personal injury claim is meant to cover the expenses you incur due to your injury. The following are all expenses that can be covered with this money:

  • Lost wages due to time spent out of work;
  • Medical bills;
  • Accommodations for temporary or permanent disabilities caused by the brain injury; and
  • Unquantifiable expenses, such as those for scarring, bruises, depression following an injury, and mobility issues.

This monetary compensation isn’t just for the injured individual – it’s for his or her family as well if he or she was a breadwinner for his or her household. Brain injuries are among the most serious injuries that one can sustain. If an individual was not solely and directly at fault for his or her head trauma, he or she is entitled to have the costs associated with the injury covered by the individual or company at fault.

How to Seek Monetary Compensation

Following an accident, an individual should first seek medical attention. Once he or she has been examined by a doctor and receives a diagnosis, he or she may begin the process of filing a personal injury claim.

In South Carolina, personal injury victims have three years following the date of their injury to file a personal injury claim. Once this time frame has passed, the individual is no longer entitled to seek monetary compensation. After receiving medical attention, the victim should contact an experienced personal injury attorney to find out if he or she has grounds for a personal injury claim, how his or her case might be affected by South Carolina’s comparative negligence laws, and the best way to proceed with the case.

Personal Injury Attorneys Can Help

Don’t risk your health and your life by leaving a brain injury untreated. If you’ve suffered any type of head trauma, contact the McGrath Law Firm in Mt. Pleasant, South Carolina at 843-606-2755 today. We’re here to advocate for you and make sure you receive the money you deserve.

 

Seeking Monetary Compensation in Wrongful Death Case

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When a loved one dies in an accident, the sense of loss his or her family feels is immeasurable. On top of the loss of a beloved family member, the funeral costs, loss of wages if he or she made financial contributions to the household, hospital and medical costs, and pain and suffering experienced by the family members can add up quickly and potentially bankrupt a grieving family. In cases where the individual’s death was caused by another person’s recklessness or negligence, the responsible party may be required to cover all or some of the family’s expenses related to the death.

Entitlement to Monetary Compensation

The costs incurred by a wrongful death can rise exponentially, potentially causing financial insecurity or even bankruptcy for a family. Some potential issues faced by survivors are:

  • The loss of the deceased’s wages;
  • Funeral costs;
  • Medical bills; and
  • Pain and suffering. This refers to all the intangible hardships suffered by a family following a loss, such as depression experienced by family members and the loss of the deceased’s companionship and household duties.

South Carolina courts use comparative fault to determine the percentage of responsibility for an accident each party involved in a lawsuit holds. Most states use this model, rather than the system of pure contributory negligence.

According to the system of comparative fault, in wrongful death and other personal injury cases, if it can be determined that the plaintiff was at least somewhat responsible for his or her injury, the court may only allow the plaintiff to collect a percentage of the total compensation he or she could potentially have been entitled to. For example, if it is deemed the victim was at least twenty percent responsible for his or her death, his or her family might only be able to receive eighty percent of the possible compensation package.

The Statute of Limitations for a Wrongful Death

In South Carolina, surviving relatives have three years following a loved one’s death to file a wrongful death claim. SC 15-51-10 states a family’s right to sue for monetary compensation in the event of a wrongful death.

If your family has experienced a wrongful death, be proactive and contact an experienced personal injury attorney as soon as you can. It is crucial to file your claim within the statute of limitations in wrongful death and other types of personal injury cases. Once the statute of limitations has ended, you no longer have grounds to file a lawsuit.

Do not accept a settlement from the negligent party without first discussing your case with an attorney. You might be entitled to far more money than you were initially offered.

Wrongful Death Attorneys Can Help

The McGrath Law Firm‘s team of personal injury attorneys will handle your case with the compassion and dedication it deserves. If your loved one died as a result of an injury sustained because of another person’s negligence, you could be entitled to monetary compensation. Call our firm at 843-606-2755 to discuss your case with one of our attorneys. You’ll be given advice for your wrongful death lawsuit and guidance toward the best solution for your case. Attorney Peter Mcgrath is available to help.