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South Carolina Injury Lawyer

Aggressive Representation for Accident Victims in South Carolina

William J. TuckAttorney William J. Tuck and associate R. Mark James are dedicated Florence injury lawyers, helping people who are injured in accidents get back on their feet. We handle cases arising out of car accidents, truck accidents, nursing home negligence, medical malpractice,defective products, and other unexpected and harmful events. William J. Tuck, P.A. has a track record of success and takes pride in serving its neighbors in communities such as Florence, Hartsville, and Darlington when they most need help.

Personal Injury

Most personal injury lawsuits in South Carolina are based on the concept of negligence. To show a defendant's negligence, you will need to establish that the defendant owed you a duty of care, the defendant breached the duty of care, the breach was the actual and legal cause of your injuries, and damages resulted. The duty depends on the circumstances of the accident. For example, a different duty would be owed while driving than would be owed if a grocery store invited customers onto its property. Generally, the damages available will be compensatory damages, which are meant to put an injured person back in the position in which they would have been before the accident. These are items of loss such as medical bills, lost wages, and pain and suffering. However, when a defendant's conduct caused injuries because the conduct was willful, wanton, or reckless, it may be appropriate to ask for punitive damages as well.

Car Accidents

Car accidents in South Carolina can result in catastrophic injuries, including broken bones, burns, spinal cord damage, paralysis, and traumatic brain injuries. If you were injured in a car accident, it may be possible for an injury attorney in the Florence area to recover damages from the other driver by establishing their negligence. A driver may breach the duty to use reasonable care by speeding, tailgating, weaving, drunk driving, texting while driving, fatigued driving, and other actions. However, some car accidents result from dangerous road conditions, an uninsured driver, or a negligent employer. These circumstances can make obtaining compensation more complicated.

Truck Accidents

Main OfficeDue to the weight and size of commercial trucks, truck accidents sometimes result in serious injuries to multiple drivers and passengers of smaller vehicles. Often, trucking companies and their insurers put up a strong fight against people trying to recover compensation for the harm that they have suffered in these accidents, so it is especially important to consult an experienced truck accident attorney. Truck drivers may breach their duty to use reasonable care in ways similar to drivers of passenger cars, such as by speeding, drunk driving, fatigued driving, or texting while driving.Moreover, interstate truck drivers and trucking companies are required to follow the Federal Motor Carrier Safety Administration rules. A failure to follow these regulations can be strong evidence of negligence.

Medical Malpractice

When you go to see a doctor in South Carolina, you trust that they will care for you competently. Unfortunately, doctors do make mistakes, and some of these mistakes may constitute medical malpractice. Medical malpractice exists if a health care provider deviates from the professional standard of care, causing someone to be injured or causing an aggravation of existing injuries. The professional standard of care is based on what a competent health care provider would have done under the same circumstances. Even before filing a lawsuit,your Florence injury attorney will need to consult with an expert medical witness about whether there were any medically negligent actions by the defendant provider.

Nursing Home Negligence

Nursing home facilities are entrusted with the wellbeing of elderly and vulnerable residents. They are expected to follow federal and state laws and regulations. For example, South Carolina nursing home facilities need to comply with Medicare/Medicaid regulations, South Carolina Regulation 61-17, and the South Carolina Bill of Rights for Residents of Long Term Care Facilities. Incidents like falls, bedsores, and malnutrition are often preventable, but they are common causes of injuries in nursing homes. It may be possible to hold a nursing home responsible if its negligence or intentional abuse causes injuries to residents.

Products Liability

If a defective product injures you, you may be able to bring a product liability lawsuit to recover damages. There are three kinds of actionable defects: design defects, manufacturing defects, and marketing defects. Design defects exist when a product is inherently dangerous because of how it was designed rather than because of a defect in the manufacturing process. There is a manufacturing defect if a product as designed is reasonably safe, but a flaw was created during the manufacturing process that made the particular specimen of the product dangerous. Most marketing defects involve a failure to warn about dangers presented by the product. In South Carolina, manufacturers and sellers can be held strictly liable for injuries and damages arising out of a product defect.

Premises Liability

In South Carolina, if you are hurt on someone else's property, a Florence injury lawyer may be able to recover damages in a premises liability lawsuit. All property owners are required to keep their property reasonably safe for visitors. In order to obtain damages for injuries suffered based on an accident on property, you will need to prove that the owner owed a duty of care to the visitor,the owner breached the duty of care owed to the visitor, and the visitor suffered injuries because of the breach of duty. The duty owed will depend on the status of the visitor. Visitors can be invitees, who are owed the highest duty of care, or licensees, adult trespassers, or children.

Wrongful Death

South Carolina Code of Laws section 15-51-10 specifies that a wrongful death is a death caused by another party's wrongful act, neglect, or default. Generally, the neglect, wrongful act, or default causing the death is the kind of action for which the decedent could have filed a personal injury lawsuit had they lived. For example, if your husband is killed in a car accident as a result of a drunk driver's actions, an injury lawyer in the Florence area may be able to recover damages through a wrongful death action. Wrongful death claims are usually filed by a representative of the decedent's estate on behalf of survivors of the decedent. People who might be entitled to recover damages for their losses include spouses, children, or parents of unmarried children.

Qui Tam Cases

The False Claims Act prohibits people and businesses from submitting false or fraudulent claims for payment to the government. Often, this law is used to fight fraud in the areas of construction, defense contracting, pharmaceuticals, health care, and Medicare Part D. The law provides an incentive to private citizens to become whistleblowers. If the government recovers funds, the whistleblower may be able to get a reward. Private citizens can sue the person or business defrauding the government, and the qui tam lawsuit will be filed under seal to allow the Justice Department time to investigate and decide whether to intervene. The whistleblower's reward depends on various factors. A whistleblower can get 15-25% of a recovery if the government intervenes and recovers funds, but if the government does not intervene, and the whistleblower pursues the case on their own, the reward is 25-30%.

Consult an Injury Attorney in Florence or Surrounding Areas

It can be stressful to be injured by another person and need to take time off from work, especially if you are uncertain about how you will pay your bills. If you are dealing with the aftermath of a devastating accident, you should consult experienced personal injury attorneys William J. Tuck and R. Mark James. Call us at 843-393-2201 or use our online form to set up a free consultation.