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        <title><![CDATA[Uncategorized - Smith & Griffith]]></title>
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        <description><![CDATA[Smith & Griffith's Website]]></description>
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                <title><![CDATA[What Sleep Disorders Endanger Drivers?]]></title>
                <link>https://www.andersonsclawyer.com/blog/what-sleep-disorders-endanger-drivers/</link>
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                <dc:creator><![CDATA[Smith & Griffith, LLP Team]]></dc:creator>
                <pubDate>Fri, 10 Nov 2023 05:00:00 GMT</pubDate>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                
                
                <description><![CDATA[<p>What sleep disorders endanger drivers? The dangers of driving while under the influence of drugs or alcohol are widely recognized. Less acknowledged are the perils of going for a spin when living with a sleep disorder. Sleep ailments can significantly impair one’s ability to stay alert and attentive while on the road. The fact remains&hellip;</p>
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                <content:encoded><![CDATA[<h2 class="wp-block-heading">What sleep disorders endanger drivers?</h2><p>The dangers of driving while under the influence of drugs or alcohol are widely recognized. Less acknowledged are the perils of going for a spin when living with a sleep disorder.</p><p>Sleep ailments can significantly impair one’s ability to stay alert and attentive while on the road. The fact remains that anyone who dozes off for even a second behind the wheel is prone to causing a devastating accident.</p><h2 class="wp-block-heading">Insomnia and drowsy driving</h2><p>Insomnia is a common disorder that often results in chronic sleep deprivation. Individuals with this condition struggle to fall asleep or maintain a restful slumber. This may lead to daytime drowsiness, which makes it harder to concentrate on driving and increases the risk of getting into a wreck.</p><h2 class="wp-block-heading">Obstructive sleep apnea and inadequate rest</h2><p>Obstructive sleep apnea, which afflicts approximately <a href="https://www.ncoa.org/adviser/sleep/sleep-apnea-statistics/" rel="noopener noreferrer" target="_blank">39 million</a> American adults, poses a significant threat to commuters. Sufferers experience repeated interruptions in their breathing throughout the night, thus leading to poor sleep quality. As a result, they may nod off during the day, including when driving.</p><h2 class="wp-block-heading">Narcolepsy and sudden sleep attacks</h2><p>Narcolepsy is a neurological disorder characterized by sudden and uncontrollable episodes of sleepiness. These incidents, known as “sleep attacks,” may occur at any moment and without warning. For individuals dealing with this medical problem, the risk of falling unconscious while in the driver’s seat remains a constant worry.</p><p>Sleep disorders can severely impede one’s ability to drive safely, making them a concern for all. Dozing off while operating a motor vehicle imperils not only the driver but also nearby pedestrians.</p>]]></content:encoded>
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                <title><![CDATA[Dealing with Insurance Companies During a Wrongful Death Case]]></title>
                <link>https://www.andersonsclawyer.com/blog/dealing-with-insurance-companies-during-a-wrongf/</link>
                <guid isPermaLink="true">https://www.andersonsclawyer.com/blog/dealing-with-insurance-companies-during-a-wrongf/</guid>
                <dc:creator><![CDATA[Smith & Griffith, LLP Team]]></dc:creator>
                <pubDate>Fri, 03 Nov 2023 04:00:00 GMT</pubDate>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                
                
                <description><![CDATA[<p>Dealing with insurance companies during a wrongful death case Losing a loved one is an incredibly difficult and emotional experience. When their death is due to someone else’s negligence or wrongful actions, it can become more challenging. In such cases, you might seek compensation to cover expenses and losses. Therefore, you should know how to&hellip;</p>
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                <content:encoded><![CDATA[<h2 class="wp-block-heading">Dealing with insurance companies during a wrongful death case</h2><p>Losing a loved one is an incredibly difficult and emotional experience. When their death is due to someone else’s negligence or wrongful actions, it can become more challenging.</p><p>In such cases, you might seek compensation to cover expenses and losses. Therefore, you should know how to deal with insurance companies during a wrongful death case.</p><h2 class="wp-block-heading">Understand your policy</h2><p>Learn about the insurance policies involved, including the policy of the person or entity responsible for the wrongful death. Gather all relevant policy details, including policy numbers and the company’s contact information. Understand the limits and coverages to help during discussions with the insurance company.</p><h2 class="wp-block-heading">Notify the insurance company promptly</h2><p>Notify the insurance company about the wrongful death immediately. These policies have deadlines for reporting claims, and failing to meet them could jeopardize your ability to seek compensation.</p><h2 class="wp-block-heading">Document everything</h2><p>Maintain a meticulous record of all communication with the insurance company. This includes written correspondence, phone conversations and emails. Document dates, times, and names of the representatives you speak with and what you discussed. Having a detailed record can protect you if there are disputes or misunderstandings down the road.</p><h2 class="wp-block-heading">Provide necessary documentation</h2><p>The insurance company needs documentation to process your claim. This can include death certificates, medical records, police reports and other relevant evidence. Provide all requested documents in a timely manner to avoid delays in the claims process.</p><h2 class="wp-block-heading">Beware of settlement offers</h2><p>In 2021, 224,935 individuals died in unintentional accidents according to <a href="https://www.cdc.gov/nchs/fastats/accidental-injury.htm" rel="noopener noreferrer" target="_blank">the CDC</a>. These statistics encourage insurance companies to settle these cases. However, the full extent of damages and losses might not be immediately apparent. Accepting a premature settlement could result in receiving less than you deserve.</p><p>Dealing with insurance companies in a wrongful death case is never easy. Therefore, do your due diligence and protect yourself during the process.</p>]]></content:encoded>
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                <title><![CDATA[How Can You Help Your Teen Become a Safe Driver?]]></title>
                <link>https://www.andersonsclawyer.com/blog/how-can-you-help-your-teen-become-a-safe-driver/</link>
                <guid isPermaLink="true">https://www.andersonsclawyer.com/blog/how-can-you-help-your-teen-become-a-safe-driver/</guid>
                <dc:creator><![CDATA[Smith & Griffith, LLP Team]]></dc:creator>
                <pubDate>Sat, 28 Oct 2023 04:00:00 GMT</pubDate>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                
                
                <description><![CDATA[<p>How can you help your teen become a safe driver? Learning to drive may be an exciting milestone in your teenager’s life, but it also comes with responsibility. As a parent, you play a role in helping your teenager become a safe driver. It can take time for your teenager to learn the rules of&hellip;</p>
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                <content:encoded><![CDATA[<h2 class="wp-block-heading">How can you help your teen become a safe driver?</h2><p>Learning to drive may be an exciting milestone in your teenager’s life, but it also comes with responsibility. As a parent, you play a role in helping your teenager become a safe driver.</p><p>It can take time for your teenager to learn the rules of the road and learn safe driving skills. However, there are things you can do to help him or her develop good habits and drive safely when behind the wheel.</p><h2 class="wp-block-heading">Start with education</h2><p>According to the Centers for Disease Control and Prevention, drivers between the ages of 16 to 19 have the highest risk of getting into a <a href="https://www.cdc.gov/transportationsafety/teen_drivers/teendrivers_factsheet.html" rel="noopener noreferrer" target="_blank">car accident.</a> Before your teenager gets behind the wheel, ensure he or she has a good understanding of the rules of the road. Begin by studying the driver’s manual together and discussing traffic laws, road signs and safe driving practices.</p><h2 class="wp-block-heading">Lead by example</h2><p>Your behavior as a driver can significantly influence your teenager’s driving habits. Set a positive example by obeying traffic laws, avoiding distractions and practicing defensive driving. Your teenager is more likely to follow your lead if he or she sees you consistently practicing safe driving habits.</p><h2 class="wp-block-heading">Provide practice opportunities</h2><p>Practice is the key to becoming a skilled driver. Start in a controlled environment, like an empty parking lot, and gradually progress to more complex situations. Emphasize skills such as parking, turning, merging onto highways and parallel parking. Give constructive feedback to help your teenager improve.</p><h2 class="wp-block-heading">Address distractions</h2><p>Teens are more susceptible to distractions while driving. Emphasize the importance of focusing solely on the road and teach him or her to resist the temptation of using the phone, eating or adjusting the radio while driving.</p><h2 class="wp-block-heading">Encourage defensive driving</h2><p>Teach your teenager to anticipate the actions of other drivers and prepare for unexpected situations. Stress that you must maintain a safe following distance and scan the road for potential hazards.</p><p>Even if your teenager tries to drive safely, others are not always as careful. If your child sustained injuries in a car accident, take steps to protect his or her right to proper compensation.</p>]]></content:encoded>
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                <title><![CDATA[Hotel Housekeepers Face Substantial Injury Risks]]></title>
                <link>https://www.andersonsclawyer.com/blog/hotel-housekeepers-face-substantial-injury-risks/</link>
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                <dc:creator><![CDATA[Smith & Griffith, LLP Team]]></dc:creator>
                <pubDate>Mon, 09 Oct 2023 04:00:00 GMT</pubDate>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                
                
                <description><![CDATA[<p>Hotel housekeepers face substantial injury risks Hotel housekeepers play an important role in maintaining the cleanliness and comfort of hotels for guests. However, their job comes with numerous work-related injury risks. By addressing these challenges and prioritizing safety measures, hotel owners and managers can create a safer and healthier work environment for their valued housekeeping&hellip;</p>
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                <content:encoded><![CDATA[<h2 class="wp-block-heading">Hotel housekeepers face substantial injury risks</h2><p>Hotel housekeepers play an important role in maintaining the cleanliness and comfort of hotels for guests. However, their job comes with numerous work-related injury risks.</p><p>By addressing these challenges and prioritizing safety measures, hotel owners and managers can create a safer and healthier work environment for their valued housekeeping staff.</p><h2 class="wp-block-heading">Musculoskeletal strain</h2><p>Hotel housekeepers engage in physically demanding activities, such as lifting heavy mattresses, pushing heavy carts and bending or kneeling to clean low surfaces. These repetitive motions may cause musculoskeletal strains and injuries over time. These risks increase when workers fail to use proper lifting techniques.</p><h2 class="wp-block-heading">Slip-and-fall accidents</h2><p>Housekeepers often work in wet environments, such as bathrooms and kitchens, where slippery surfaces are common. Accidents involving slips and falls are a significant concern. The resulting injuries can range from minor bruises to severe fractures or head injuries.</p><h2 class="wp-block-heading">Exposure to hazardous chemicals</h2><p>Certain chemicals used to clean hotel rooms may cause respiratory issues, skin irritation and eye problems, especially when workers face prolonged exposure to them. Without adequate protective gear or training, housekeepers may be at risk of chemical-related health problems.</p><h2 class="wp-block-heading">Repetitive stress injuries</h2><p>Many housekeeping tasks are repetitive in nature. Making beds, vacuuming and scrubbing surfaces can lead to repetitive stress injuries like carpal tunnel syndrome. These injuries can cause chronic pain and discomfort.</p><p>Per UNITE HERE, hotel workers have injury rates that are 40% higher than that seen by other service-sector workers. Of all hotel workers, housekeepers face the <a href="https://unitehere.org/wp-content/uploads/HousekeepingDangerous.pdf" rel="noopener noreferrer" target="_blank">highest injury risks</a>, highlighting a need for more injury prevention in the industry.</p>]]></content:encoded>
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                <title><![CDATA[Commercial Truck Accident Causes and Consequences]]></title>
                <link>https://www.andersonsclawyer.com/blog/commercial-truck-accident-causes-and-consequence/</link>
                <guid isPermaLink="true">https://www.andersonsclawyer.com/blog/commercial-truck-accident-causes-and-consequence/</guid>
                <dc:creator><![CDATA[Smith & Griffith, LLP Team]]></dc:creator>
                <pubDate>Mon, 25 Sep 2023 04:00:00 GMT</pubDate>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                
                
                <description><![CDATA[<p>Commercial truck accident causes and consequences Commercial vehicle wrecks can have serious consequences, particularly when they result in injuries. Because of their large size, commercial trucks typically generate more damage in an accident than personal vehicles. According to the National Safety Council, the incidence of these accidents is a growing concern; the number of fatalities&hellip;</p>
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                <content:encoded><![CDATA[<h2 class="wp-block-heading">Commercial truck accident causes and consequences</h2><p>Commercial vehicle wrecks can have serious consequences, particularly when they result in injuries. Because of their large size, commercial trucks typically generate more damage in an accident than personal vehicles.</p><p>According to the National Safety Council, the incidence of these accidents is a growing concern; the number of fatalities involving large trucks has increased by 49% over the last decade.</p><h2 class="wp-block-heading">Causes of commercial truck accidents</h2><p>Commercial vehicle drivers face the same road hazards as personal vehicle drivers. However, the size and weight of these trucks can make an accident more likely to occur for a commercial vehicle under the same driving conditions.</p><ul class="wp-block-list"><li><strong>Driver fatigue</strong>. Often the result of demanding schedules with long driving hours, fatigue can impair judgment and reaction time, increasing the likelihood of accidents.</li><li><strong>Mechanical failures</strong>. These failures are often related to brake malfunctions or tire blowouts.</li><li><strong>Distracted driving</strong>. Using smartphones, GPS devices or eating while driving can all distract a driver.</li><li><strong>Adverse weather conditions</strong>. Drivers of commercial trucks may experience difficulty controlling the large, heavy vehicles in fog, rain or snow.</li></ul><p>When these hazardous conditions cause a commercial vehicle accident, drivers often experience financial loss from property damage, lost wages and personal injuries.</p><h2 class="wp-block-heading">Injuries resulting from commercial truck accidents</h2><p>The number of injuries from accidents involving large trucks has <a href="https://injuryfacts.nsc.org/motor-vehicle/road-users/large-trucks/" rel="noopener noreferrer" target="_blank">increased by 15%</a> since 2016. Commercial trucking accidents often result in whiplash and neck injuries, broken bones and traumatic brain injuries. They can also cause internal injuries and emotional trauma.</p><p>Commercial truck accidents involving injuries can change lives in an instant. More driver training, stricter regulations and enhanced vehicle maintenance protocols can greatly improve highway safety conditions for commercial drivers.</p>]]></content:encoded>
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                <title><![CDATA[Drug Use a Growing Problem in Commercial Trucking]]></title>
                <link>https://www.andersonsclawyer.com/blog/drug-use-a-growing-problem-in-commercial-truckin/</link>
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                <dc:creator><![CDATA[Smith & Griffith, LLP Team]]></dc:creator>
                <pubDate>Tue, 19 Sep 2023 04:00:00 GMT</pubDate>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                
                
                <description><![CDATA[<p>Drug use a growing problem in commercial trucking Commercial truck drivers play an important role in South Carolina’s economy, ensuring that goods make their way across the country efficiently. However, when drug use becomes a part of the equation, the consequences are often severe. Drug use impairs a driver’s ability to operate his or her&hellip;</p>
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                <content:encoded><![CDATA[<h2 class="wp-block-heading">Drug use a growing problem in commercial trucking</h2><p>Commercial truck drivers play an important role in South Carolina’s economy, ensuring that goods make their way across the country efficiently. However, when drug use becomes a part of the equation, the consequences are often severe.</p><p>Drug use impairs a driver’s ability to operate his or her vehicle, which threatens road safety and leads to a higher risk of accidents.</p><h2 class="wp-block-heading">The prevalence of drug use</h2><p>Drug use among commercial truck drivers is a growing problem. According to Freight Waves, <a href="https://www.freightwaves.com/news/truckers-positive-drug-tests-up-18-in-2022" rel="noopener noreferrer" target="_blank">positive drug tests among commercial truck drivers</a> rose 18% in 2022, underscoring the widespread nature of the problem. Some of the substances truckers tested positive for included marijuana, cocaine, amphetamines and opioids. Each of these substances can have severe effects on a driver’s ability to operate his or her vehicle safely.</p><h2 class="wp-block-heading">The dangers of drug use</h2><p>Driving a commercial truck is a demanding and responsible job that requires considerable attention and focus. When truck drivers engage in drug use, they put themselves and others at great risk. Drugs can impair cognitive functions, coordination and reaction times, making it almost impossible to operate a large vehicle safely. Moreover, drug use among truckers may lead to erratic driving behavior, making it difficult for drivers to maintain proper lane discipline and follow traffic rules.</p><p>The Federal Motor Carrier Safety Administration enacted strict regulations to help deter drug use among commercial truck drivers. The FMCSA mandates regular drug testing for drivers, including pre-employment, random and post-accident testing. Drivers who test positive may face severe consequences, including potential criminal penalties and the possible loss of their commercial driver’s license.</p>]]></content:encoded>
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                <title><![CDATA[Pursuing a Wrongful Death Claim If the Negligent Party Dies]]></title>
                <link>https://www.andersonsclawyer.com/blog/pursuing-a-wrongful-death-claim-if-the-negligent/</link>
                <guid isPermaLink="true">https://www.andersonsclawyer.com/blog/pursuing-a-wrongful-death-claim-if-the-negligent/</guid>
                <dc:creator><![CDATA[Smith & Griffith, LLP Team]]></dc:creator>
                <pubDate>Fri, 01 Sep 2023 04:00:00 GMT</pubDate>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                
                
                <description><![CDATA[<p>Pursuing a wrongful death claim if the negligent party dies The CDC reported that there are over 200,000 wrongful deaths each year in the United States. When negligence causes the death of a person, it is a tragic situation that may give rise to a wrongful death claim. This allows the surviving family members to&hellip;</p>
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                <content:encoded><![CDATA[<h2 class="wp-block-heading">Pursuing a wrongful death claim if the negligent party dies</h2><p>The CDC reported that there are over 200,000 wrongful deaths each year in the United States. When negligence causes the death of a person, it is a tragic situation that may give rise to a wrongful death claim. This allows the surviving family members to seek damages against the responsible individual. However, the death of the negligent party can complicate matters.</p><p>In the event the negligent person dies before legal action can commence, you may fear that you have lost your chance to receive compensation. However, South Carolina law establishes options for people in this situation.</p><h2 class="wp-block-heading">Survival action takes effect</h2><p>Just because a negligent party dies, it does not mean the legal action against them necessarily disappears. This is due to the legal doctrine known as “survival action.” This is a broad standard allowing for legal actions to continue even if a person involved dies.</p><p>In the case of wrongful death, it permits you as a surviving relative to pursue your claim. The next question is who you will litigate to receive damages.</p><h2 class="wp-block-heading">Contesting the estate</h2><p>When people die, they generally leave an estate. This consists of the assets they owned at the time of their death. So under South Carolina law, you may <a href="https://www.scstatehouse.gov/code/t15c051.php" rel="noopener noreferrer" target="_blank">bring your claim</a> against the estate of the negligent party.</p><p>According to state law, only a personal representative appointed by the court possesses the authority to settle a wrongful death claim or a survival action. Once the estate for the negligent party has a representative in place, you should be able to commence legal action. The representative will either defend the estate against your claim or work out a settlement.</p><p>If your claim is successful, your suit will reap an award from the assets owned by the estate. Despite the complexity of some wrongful death cases, it is possible to persevere in a quest for justice.</p>]]></content:encoded>
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                <title><![CDATA[Is It Difficult to Prove Fault in a Wrongful Death Case?]]></title>
                <link>https://www.andersonsclawyer.com/blog/is-it-difficult-to-prove-fault-in-a-wrongful-dea/</link>
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                <dc:creator><![CDATA[Smith & Griffith, LLP Team]]></dc:creator>
                <pubDate>Tue, 29 Aug 2023 04:00:00 GMT</pubDate>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                
                
                <description><![CDATA[<p>Is it difficult to prove fault in a wrongful death case? When a loved one’s life is tragically cut short due to the negligence of another, seeking justice becomes more important than anything. However, establishing fault in wrongful death cases is not always straightforward. If your family experiences one of these unfortunate accidents, you need&hellip;</p>
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                <content:encoded><![CDATA[<h2 class="wp-block-heading">Is it difficult to prove fault in a wrongful death case?</h2><p>When a loved one’s life is tragically cut short due to the negligence of another, seeking justice becomes more important than anything. However, establishing fault in wrongful death cases is not always straightforward.</p><p>If your family experiences one of these unfortunate accidents, you need to understand the obstacles you might face in proving who is at fault. Becoming more familiar with the legal process will make it clear just how difficult it might be to establish negligence in the wrongful death of your loved one.</p><h2 class="wp-block-heading">The burden of evidence</h2><p>The <a href="https://www.cdc.gov/nchs/fastats/accidental-injury.htm" rel="noopener noreferrer" target="_blank">Centers for Disease Control</a> reports that over 200,000 unintentional accident deaths happen in a year. Proving fault in such a case requires evidence that demonstrates the other party’s negligence. This often means piecing together a puzzle of information from various sources. Medical records, eyewitness testimonies and surveillance footage can all play a role in your case.</p><h2 class="wp-block-heading">Establishing causation</h2><p>Even when evidence proves that another party breached their duty of care, there must be a link between the negligent act and your loved one’s wrongful death. This demands a thorough understanding of the situation and a case that will appeal to a judge and the jury.</p><p>As families strive to honor the memory of their loved ones by seeking accountability, they find themselves entangled in a complex web of legal intricacies. Proving fault in a wrongful death case is not easy either emotionally or practically. By taking the proper steps calmly and rationally, though, you can achieve the outcome your family deserves.</p>]]></content:encoded>
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                <title><![CDATA[How Can a Truck’s Blind Spots Affect Other Drivers?]]></title>
                <link>https://www.andersonsclawyer.com/blog/how-can-a-truck-s-blind-spots-affect-other-drive/</link>
                <guid isPermaLink="true">https://www.andersonsclawyer.com/blog/how-can-a-truck-s-blind-spots-affect-other-drive/</guid>
                <dc:creator><![CDATA[Smith & Griffith, LLP Team]]></dc:creator>
                <pubDate>Mon, 21 Aug 2023 04:00:00 GMT</pubDate>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                
                
                <description><![CDATA[<p>How can a truck’s blind spots affect other drivers? Dealing with a commercial truck near you swerving or acting recklessly can make you stressed. This includes when you must deal with injuries and other problems after a crash. Part of this problem can happen when a trucker does not look in their blind spots. Ignoring&hellip;</p>
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                <content:encoded><![CDATA[<h2 class="wp-block-heading">How can a truck’s blind spots affect other drivers?</h2><p>Dealing with a commercial truck near you swerving or acting recklessly can make you stressed. This includes when you must deal with injuries and other problems after a crash.</p><p>Part of this problem can happen when a trucker does not look in their blind spots.</p><h2 class="wp-block-heading">Ignoring part of the view</h2><p>According to the Federal Motor Carrier Safety Administration, about 81% of injury crashes involving a truck involved the <a href="https://www.fmcsa.dot.gov/safety/data-and-statistics/large-truck-and-bus-crash-facts-2020" rel="noopener noreferrer" target="_blank">truck hitting</a> another vehicle. All commercial trucks have blind spots that prevent the drivers from seeing certain parts of the road. These areas are usually directly behind the truck and both sides of it as well.</p><p>When truckers decide to make decisions around other vehicles that are hasty or impulsive, they may not check their mirrors to make sure no one else is around.</p><h2 class="wp-block-heading">Confusing other drivers</h2><p>Truckers who do not signal before turning can leave vehicles at risk for a crash due to the way a truck must pull ahead to turn. This gap between the car and the direction the truck is turning is deceiving if the person in the car thinks the truck is only going straight. Drivers may not realize they need to give trucks room if the truckers do not check their blind spots and alert them by signaling.</p><h2 class="wp-block-heading">Making passes dangerous</h2><p>Truckers that try to pass without looking in their mirrors to check their blind spots may run into a vehicle and cause significant damage to them. Cars and motorcycles are smaller than trucks, which means that they could suffer more from an impact on the road.</p><p>These kinds of errors that truckers make regarding their blind spots can result in a serious collision.</p>]]></content:encoded>
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                <title><![CDATA[Were You Fired for Filing a Workers’ Comp Claim?]]></title>
                <link>https://www.andersonsclawyer.com/blog/were-you-fired-for-filing-a-workers-comp-claim/</link>
                <guid isPermaLink="true">https://www.andersonsclawyer.com/blog/were-you-fired-for-filing-a-workers-comp-claim/</guid>
                <dc:creator><![CDATA[Smith & Griffith, LLP Team]]></dc:creator>
                <pubDate>Mon, 31 Jul 2023 04:00:00 GMT</pubDate>
                
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                <description><![CDATA[<p>Were you fired for filing a workers’ comp claim? The U.S. Bureau of Labor Statistics reported that over 30.000 workers got hurt on the job in South Carolina in 2021, and many of those injuries required the workers to rely on workers’ compensation. Workers’ compensation laws provide for medical care and compensation for lost wages&hellip;</p>
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                <content:encoded><![CDATA[<h2 class="wp-block-heading">Were you fired for filing a workers’ comp claim?</h2><p>The U.S. Bureau of Labor Statistics reported that over 30.000 workers got hurt on the job in South Carolina in 2021, and many of those injuries required the workers to rely on workers’ compensation. Workers’ compensation laws provide for medical care and compensation for lost wages while you recover. However, what happens if your employer retaliates by firing you for filing a claim?</p><p>Unfortunately, such situations do occur, leaving employees distressed and uncertain about their future. It is important to understand that the law is on your side. If your South Carolina employer fires you for filing a workers’ compensation claim, there are steps you can take to defend your rights.</p><h2 class="wp-block-heading">Understand your rights under South Carolina law</h2><p>In South Carolina, it is illegal for an employer to fire an employee for filing a workers’ compensation claim. This protection comes under the <a href="https://www.scstatehouse.gov/code/title42.php" rel="noopener noreferrer" target="_blank">South Carolina Workers’ Compensation Act</a>. Therefore, if your employer has let you go because you filed a claim, they are breaking the law.</p><h2 class="wp-block-heading">Document the termination</h2><p>Documentation is the best evidence in situations where you need to prove your employer’s unlawful actions. Make sure you save any correspondence related to your firing. These documents might include termination letters, emails or even text messages. They can provide vital evidence if you need to defend your rights.</p><h2 class="wp-block-heading">File a wrongful termination complaint</h2><p>If you believe your employer fired you because you filed a workers’ compensation claim, you should file a wrongful termination complaint. You can do this with the South Carolina Department of Labor, Licensing and Regulation. The department will investigate your complaint and can take action against your employer if they find law violations.</p><p>Your employer’s decision to fire you for filing a workers’ compensation claim is not only unjust but also illegal. By understanding your rights, you can stand up for your rights.</p>]]></content:encoded>
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                <title><![CDATA[Reckless Driving and Traffic Crashes During Bad Weather]]></title>
                <link>https://www.andersonsclawyer.com/blog/reckless-driving-and-traffic-crashes-during-bad/</link>
                <guid isPermaLink="true">https://www.andersonsclawyer.com/blog/reckless-driving-and-traffic-crashes-during-bad/</guid>
                <dc:creator><![CDATA[Smith & Griffith, LLP Team]]></dc:creator>
                <pubDate>Mon, 17 Jul 2023 04:00:00 GMT</pubDate>
                
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                <description><![CDATA[<p>Reckless driving and traffic crashes during bad weather Behind the wheel, it is important for drivers to pay attention to anything that could increase the likelihood of a collision. From dangerous intersections and sharp turns to chaotic rush hour traffic, many different hazards can make a crash more likely. Furthermore, bad weather plays a role&hellip;</p>
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                <content:encoded><![CDATA[<h2 class="wp-block-heading">Reckless driving and traffic crashes during bad weather</h2><p>Behind the wheel, it is important for drivers to pay attention to anything that could increase the likelihood of a collision. From dangerous intersections and sharp turns to chaotic rush hour traffic, many different hazards can make a crash more likely. Furthermore, bad weather plays a role in many auto accidents, and negligent behavior (speeding, drunk driving and distracted driving) becomes particularly concerning when weather conditions deteriorate.</p><p>It is crucial for drivers to focus on traffic safety at all times and pay particularly close attention when weather deteriorates.</p><h2 class="wp-block-heading">How often do weather-related traffic crashes happen?</h2><p>The Federal Highway Administration reports that roughly 1,235,000 <a href="https://ops.fhwa.dot.gov/weather/q1_roadimpact.htm" rel="noopener noreferrer" target="_blank">traffic collisions</a> involving weather-related factors take place during a typical year, making up about 21% of all traffic crashes. Among weather-related accidents, 70% involve slick pavement and 46% involve rain. During an average year, accidents involving inclement weather claim almost 5,000 lives and leave more than 418,000 people hurt.</p><h2 class="wp-block-heading">How does weather contribute to traffic crashes?</h2><p>Many weather-related factors can cause a crash. Precipitation can adversely affect vehicle traction, visibility and driver behavior. Fog and strong winds can make it hard for drivers to see the road by decreasing visibility, which can also lead to speed variance. Wind can blow debris onto the roadway or cause lane obstruction due to fallen tree branches.</p><p>Unfortunately, some people drive erratically during inclement weather, which becomes particularly risky. For example, a drunk or distracted driver could hit someone when poor visibility makes it harder to see the road or bad weather causes them to lose control of their vehicle.</p>]]></content:encoded>
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                <title><![CDATA[What Are the Dangers of Walking on Scaffolding?]]></title>
                <link>https://www.andersonsclawyer.com/blog/what-are-the-dangers-of-walking-on-scaffolding/</link>
                <guid isPermaLink="true">https://www.andersonsclawyer.com/blog/what-are-the-dangers-of-walking-on-scaffolding/</guid>
                <dc:creator><![CDATA[Smith & Griffith, LLP Team]]></dc:creator>
                <pubDate>Fri, 30 Jun 2023 04:00:00 GMT</pubDate>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                
                
                <description><![CDATA[<p>What are the dangers of walking on scaffolding? As you continue to work in a construction zone, you may assume all scaffolds are safe to walk on. However, if your workplace does not regularly look for weaknesses and fails to complete several steps that they need to do, you may suffer from a severe injury.&hellip;</p>
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                <content:encoded><![CDATA[<h2 class="wp-block-heading">What are the dangers of walking on scaffolding?</h2><p>As you continue to work in a construction zone, you may assume all scaffolds are safe to walk on. However, if your workplace does not regularly look for weaknesses and fails to complete several steps that they need to do, you may suffer from a severe injury.</p><p>Learning about the dangers of scaffolds and what personal injuries you may endure while on them can help you after an incident involving them.</p><h2 class="wp-block-heading">Mistakes during the building process</h2><p>According to the United States Department of Labor, a competent person needs to predict and point out flaws in a scaffold and <a href="https://www.osha.gov/etools/scaffolding" rel="noopener noreferrer" target="_blank">must always talk</a> with whoever is in charge before the scaffold continues in its building stages. If the workers do not put certain areas together correctly or fail to secure the platform you need to walk on, you could face a fall from several feet.</p><p>Falling on your back or harming your spinal cord can lead to struggles with driving, working or moving around freely.</p><h2 class="wp-block-heading">Unsafe habits and distractions</h2><p>When your coworkers are surrounding you, the last issue you want to face is them putting you in danger by throwing or dropping tools. You may also notice that other employees could brush past you or not follow safety rules while in tight spaces on a platform.</p><h2 class="wp-block-heading">Loose electric wiring</h2><p>Trying to do your job close to wires that are not properly connected can leave you with a serious injury. Your workplace needs to follow electrical regulations, especially around metal areas.</p><p>When you are dealing with an injury after working on a scaffold, understanding the ways this problem happens is key.</p>]]></content:encoded>
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                <title><![CDATA[The Impact of Trauma and Injury on a Child]]></title>
                <link>https://www.andersonsclawyer.com/blog/the-impact-of-trauma-and-injury-on-a-child/</link>
                <guid isPermaLink="true">https://www.andersonsclawyer.com/blog/the-impact-of-trauma-and-injury-on-a-child/</guid>
                <dc:creator><![CDATA[Smith & Griffith, LLP Team]]></dc:creator>
                <pubDate>Thu, 29 Jun 2023 04:00:00 GMT</pubDate>
                
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                <description><![CDATA[<p>The impact of trauma and injury on a child Many people recognize the damages that happen to an adult in an accident, but children who suffer a serious injury experience adverse effects as well. Serious injuries can impact the emotional and development of children, as well as cause physical injuries. Some accidents could lead to&hellip;</p>
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                <content:encoded><![CDATA[<h2 class="wp-block-heading">The impact of trauma and injury on a child</h2><p>Many people recognize the damages that happen to an adult in an accident, but children who suffer a serious injury experience adverse effects as well.</p><p>Serious injuries can impact the emotional and development of children, as well as cause physical injuries. Some accidents could lead to long-term complications and the development of post-traumatic stress disorder.</p><h2 class="wp-block-heading">Serious injuries and trauma to children</h2><p>Trauma is any psychological or physical threat to a children’s safety, sense of self or survival or an incident that causes damage or injury. Any kind of suffering is a concern in the life and health of a child, but a serious, traumatic event has a devastating and lasting impact. Potential events that could lead to emotional or physical damage to children include:</p><ul class="wp-block-list"><li>Dog bite</li><li>Auto accident</li><li>Bicycle accident</li><li>Fire</li><li>Medical mistake</li><li>Abuse</li></ul><p>Both being a victim and witnessing an event can present long-term concerns with a child’s development. In addition to emotional damage, children can suffer from disfigurement, scarring and long-term disability.</p><h2 class="wp-block-heading">Serious injuries and emotional impact</h2><p>Just like an adult who experienced a serious accident, <a href="https://www.cdc.gov/childrensmentalhealth/ptsd.html" rel="noopener noreferrer" target="_blank">post-traumatic stress disorder</a> is a valid concern for children who received significant injuries in an accident. Although the symptoms of PTSD vary among children, some of the more common signs include changes in sleeping and eating habits, withdrawal, nightmares, refusal to talk about the ordeal and general detachment. These can affect a child’s future if not addressed.</p><p>Long-term disorders are often common among children who experience a traumatic event. Working with a counselor or psychologist after an accident can help a child process and work through their experience in a healthy way.</p>]]></content:encoded>
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                <title><![CDATA[How Does Driver Fatigue Contribute to Car Accidents?]]></title>
                <link>https://www.andersonsclawyer.com/blog/how-does-driver-fatigue-contribute-to-car-accide/</link>
                <guid isPermaLink="true">https://www.andersonsclawyer.com/blog/how-does-driver-fatigue-contribute-to-car-accide/</guid>
                <dc:creator><![CDATA[Smith & Griffith, LLP Team]]></dc:creator>
                <pubDate>Wed, 28 Jun 2023 04:00:00 GMT</pubDate>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                
                
                <description><![CDATA[<p>How does driver fatigue contribute to car accidents? Driver fatigue affects people from all walks of life, from those who commute for work to those who drive for a living. Long hours behind the wheel can cause drowsiness and a reduction in focus for any driver, no matter their age or health. The National Safety&hellip;</p>
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                <content:encoded><![CDATA[<h2 class="wp-block-heading">How does driver fatigue contribute to car accidents?</h2><p>Driver fatigue affects people from all walks of life, from those who commute for work to those who drive for a living. Long hours behind the wheel can cause drowsiness and a reduction in focus for any driver, no matter their age or health.</p><p>The National Safety Council notes that more than <a href="https://www.nsc.org/road/safety-topics/fatigued-driver" rel="noopener noreferrer" target="_blank">300,000 crashes</a> occur annually due to drowsy driving. While the circumstances behind these crashes may vary, the physical and mental fatigue connected with drowsy driving often causes the same dangerous symptoms for those behind the wheel.</p><h2 class="wp-block-heading">Delayed reaction time</h2><p>Drivers who operate a motor vehicle while sleepy or fatigued tend to experience a reduction in reflexes that may cause an accident. Awareness of their surroundings may fall and lead to several different crash risks, including:</p><ul class="wp-block-list"><li>Striking stopped traffic</li><li>Hesitation at intersections</li><li>Braking too soon or too late</li></ul><p>The risk of such accidents tends to increase depending on how sleep-deprived drivers become.</p><h2 class="wp-block-heading">Vision changes</h2><p>Drowsiness can affect driver vision, especially in desolate areas where the landscape does not change for miles. When drowsiness occurs, drivers may find it difficult to focus their vision on the road, may drift into other lanes or experience dry or gritty eyes that could interfere with clear vision.</p><h2 class="wp-block-heading">Micro-napping</h2><p>Some drivers with extreme fatigue may experience micro-naps, where sleep occurs without drivers knowing it. These periods of semi-consciousness usually last no longer than five or six seconds, but a crash can happen in half that time when drivers micro-sleep behind the wheel.</p><p>Drivers can avoid accidents connected with drowsiness by increasing how much sleep they get a night and by creating a consistent and healthy sleep schedule.</p>]]></content:encoded>
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                <title><![CDATA[Staying Safe While Driving Next to Commercial Trucks]]></title>
                <link>https://www.andersonsclawyer.com/blog/staying-safe-while-driving-next-to-commercial-tr/</link>
                <guid isPermaLink="true">https://www.andersonsclawyer.com/blog/staying-safe-while-driving-next-to-commercial-tr/</guid>
                <dc:creator><![CDATA[Smith & Griffith, LLP Team]]></dc:creator>
                <pubDate>Wed, 14 Jun 2023 04:00:00 GMT</pubDate>
                
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                <description><![CDATA[<p>Staying safe while driving next to commercial trucks Commercial trucks are an integral part of the economy, moving goods across the country day and night. Sharing the road with these massive vehicles, however, can be intimidating and, at times, dangerous. Due to their size and weight, commercial trucks have unique driving characteristics that can contribute&hellip;</p>
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                <content:encoded><![CDATA[<h2 class="wp-block-heading">Staying safe while driving next to commercial trucks</h2><p>Commercial trucks are an integral part of the economy, moving goods across the country day and night. Sharing the road with these massive vehicles, however, can be intimidating and, at times, dangerous. Due to their size and weight, commercial trucks have unique driving characteristics that can contribute to road accidents if not addressed properly.</p><p>Understanding these characteristics and adopting defensive driving strategies can significantly reduce the risk of accidents.</p><h2 class="wp-block-heading">Maintain a safe distance</h2><p>Commercial trucks need a much larger stopping distance than smaller vehicles. Drivers should therefore ensure there is <a href="https://www.fmcsa.dot.gov/safety/driver-safety/cmv-driving-tips-following-too-closely" rel="noopener noreferrer" target="_blank">enough space</a> between their car and a truck, both when following a truck and when a truck is following them.</p><h2 class="wp-block-heading">Stay visible</h2><p>Trucks have larger blind spots than smaller vehicles. These are areas around the truck where the driver cannot see other vehicles. Staying out of these blind spots and making sure the truck driver can see the car can help avoid accidents.</p><h2 class="wp-block-heading">Understand signaling and maneuvering</h2><p>These larger vehicles require more space to turn, especially right turns. Drivers should give them plenty of room and not try to squeeze by them or cut them off. Paying attention to a truck driver’s signals can provide valuable insight into their intended actions, allowing others to adjust their driving accordingly.</p><h2 class="wp-block-heading">Be patient and considerate</h2><p>Commercial trucks have a lower speed limit than cars on most highways. Instead of getting impatient or trying risky maneuvers to overtake them, drivers should wait for a safe opportunity to pass. Remember, commercial truck drivers are professionals doing their job.</p><h2 class="wp-block-heading">Adapt to conditions</h2><p>Bad weather and poor road conditions affect large trucks more severely than cars. Other drivers should adjust their speed and following distance accordingly when these conditions arise.</p><p>Staying safe while driving around commercial trucks involves understanding their limitations and adjusting driving habits accordingly. Ultimately, safe driving near commercial trucks requires patience, respect and understanding.</p>]]></content:encoded>
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                <title><![CDATA[How Does Survival Action Differ from a Wrongful Death Suit?]]></title>
                <link>https://www.andersonsclawyer.com/blog/how-does-survival-action-differ-from-a-wrongful/</link>
                <guid isPermaLink="true">https://www.andersonsclawyer.com/blog/how-does-survival-action-differ-from-a-wrongful/</guid>
                <dc:creator><![CDATA[Smith & Griffith, LLP Team]]></dc:creator>
                <pubDate>Tue, 23 May 2023 04:00:00 GMT</pubDate>
                
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                <description><![CDATA[<p>How does survival action differ from a wrongful death suit? A person’s negligence can cause the death of another. In such cases, the deceased’s loved ones often have the right to pursue compensation for the loss. Recovering damages in South Carolina might require a wrongful death action, survival action or both. Plaintiffs in these cases&hellip;</p>
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                <content:encoded><![CDATA[<h2 class="wp-block-heading">How does survival action differ from a wrongful death suit?</h2><p>A person’s negligence can cause the death of another. In such cases, the deceased’s loved ones often have the right to pursue compensation for the loss.</p><p>Recovering damages in South Carolina might require a wrongful death action, survival action or both. Plaintiffs in these cases should understand the difference.</p><h2 class="wp-block-heading">Wrongful death action</h2><p>Wrongful death involves an element of recklessness or carelessness. Common cases that may permit a wrongful death action include motor vehicle accidents, medical malpractice and slip-and-fall casualties. The family is able to file the suit regardless of the accused’s intentions.</p><p>The compensation in these cases covers economic damages that resulted from the death. Typical losses include:</p><ul class="wp-block-list"><li>Funeral expenses</li><li>Medical bills</li><li>Loss of financial support and benefits</li><li>Property damage and repairs</li></ul><p>A wrongful death suit can also pursue compensation for noneconomic losses. These damages involve things that are hard to quantify and include the family’s pain and suffering, as well as the loss of emotional support.</p><p>In some cases, the courts award punitive damages. This monetary award does not cover any particular loss but serves to punish the defendant and discourage others from similar behavior. The state sets <a href="https://rfa.sc.gov/page/data-research/inflation-adjustments-legal-proceedings" rel="noopener noreferrer" target="_blank">limits for noneconomic and punitive damages</a> in medical malpractice cases, which it updates yearly.</p><h2 class="wp-block-heading">Survival action</h2><p>Survival action is similar to wrongful death but slightly different. In this case, the family sues for the damages that the deceased would have requested if the individual had survived. Any financial recovery goes to the deceased’s estate. A survival action is unique because it can pursue compensation for the emotional distress the deceased suffered before dying.</p><p>Relatives have to review the circumstances of a case carefully to determine how to file each suit. Making the right choices helps a family pursue maximum compensation.</p>]]></content:encoded>
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                <title><![CDATA[Is It Possible to Avoid Becoming a Victim of a Drunk Driver?]]></title>
                <link>https://www.andersonsclawyer.com/blog/is-it-possible-to-avoid-becoming-a-victim-of-a-d/</link>
                <guid isPermaLink="true">https://www.andersonsclawyer.com/blog/is-it-possible-to-avoid-becoming-a-victim-of-a-d/</guid>
                <dc:creator><![CDATA[Smith & Griffith, LLP Team]]></dc:creator>
                <pubDate>Wed, 03 May 2023 04:00:00 GMT</pubDate>
                
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                <description><![CDATA[<p>Is it possible to avoid becoming a victim of a drunk driver? Drunk drivers can cause serious problems on the roadways. They often move at high speeds, so when they end up in an accident, the injuries and damage are severe. Most people would rather avoid them if possible. Sometimes, it is impossible to avoid&hellip;</p>
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                <content:encoded><![CDATA[<h2 class="wp-block-heading">Is it possible to avoid becoming a victim of a drunk driver?</h2><p>Drunk drivers can cause serious problems on the roadways. They often move at high speeds, so when they end up in an accident, the injuries and damage are severe.</p><p>Most people would rather avoid them if possible. Sometimes, it is impossible to avoid an accident with someone driving under the influence, but the South Carolina Department of Public Safety explains every driver does have some steps they can take to be on the defensive and reduce their chances of becoming a <a href="https://scdps.sc.gov/scsoberorslammer/protectyourself" rel="noopener noreferrer" target="_blank">drunk driver’s victim</a>.</p><h2 class="wp-block-heading">Stay alert</h2><p>The best defense you have is to be alert. Do not get behind the wheel when you are not able to devote your complete attention to the task of driving. Make sure as you drive, you scan the roadway and pay attention to what is happening around you. Note drivers that are problematic and take action if you see something that is off.</p><h2 class="wp-block-heading">Contact law enforcement</h2><p>If you see something, say something. There is a reason for that catchphrase. Officers cannot be everywhere, so they rely on the public to help them find reckless drivers. If you notice someone swerving or driving excessively fast, call for help and alert the authorities so they can remove that person from the road before they hurt someone.</p><h2 class="wp-block-heading">Keep your distance</h2><p>If you do notice a driver who is driving erratically, you should keep your distance. Do not attempt to pass them to get ahead of them. Your best location is to stay behind them so you can watch and react to what they do. Do not follow them unless asked to by law enforcement.</p><p>It is not always possible to avoid a drunk driver, but by following these tips, you can at least be proactive against a potential drunk driving accident.</p>]]></content:encoded>
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                <title><![CDATA[What Are Non-Economic Damages from a Truck Accident?]]></title>
                <link>https://www.andersonsclawyer.com/blog/what-are-non-economic-damages-from-a-truck-accid/</link>
                <guid isPermaLink="true">https://www.andersonsclawyer.com/blog/what-are-non-economic-damages-from-a-truck-accid/</guid>
                <dc:creator><![CDATA[Smith & Griffith, LLP Team]]></dc:creator>
                <pubDate>Wed, 26 Apr 2023 04:00:00 GMT</pubDate>
                
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                <description><![CDATA[<p>What are non-economic damages from a truck accident? Given the size of commercial trucks, victims of negligent truck drivers or trucking companies are often left with severe injuries and substantial financial, physical and psychological losses. South Carolina personal injury law allows those victims to seek compensation for damages incurred, including non-economic losses. What are non-economic&hellip;</p>
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                <content:encoded><![CDATA[<h2 class="wp-block-heading">What are non-economic damages from a truck accident?</h2><p>Given the size of commercial trucks, victims of negligent truck drivers or trucking companies are often left with severe injuries and substantial financial, physical and psychological losses.</p><p>South Carolina <a href="https://www.scstatehouse.gov/code/t15c078.php" rel="noopener noreferrer" target="_blank">personal injury law</a> allows those victims to seek compensation for damages incurred, including non-economic losses.</p><h2 class="wp-block-heading">What are non-economic damages?</h2><p>Non-economic damages refer to how the truck accident impacted your mental and emotional health. Did you suffer post-traumatic stress, making it difficult to drive or manage your daily routine? Has the accident had a profoundly negative impact on your life? If so, you can seek compensation for those losses through civil court.</p><p>Common non-economic damages from a truck accident case include the physical pain and suffering caused by your injuries and the necessary medical treatments you had to undergo. It can also include the loss of the ability to enjoy life as you did prior to the accident.</p><h2 class="wp-block-heading">How do you calculate non-economic damages?</h2><p>Calculating non-economic losses is more complex than calculating economic damages. The emotional impact of your injuries has no inherent financial value. However, the court will allow you to assign a monetary value to each loss, typically using the multiplier method. This entails determining the full cost of medical expenses and multiplying it by a number between 1.5 and 5.</p><p>A higher number would indicate more extensive injuries. For example, a multiplier of four or five may be appropriate for injuries resulting in permanent disability.</p><p>As the claimant, you are responsible for proving the defendant’s negligence and connecting the damages you claim to the accident and your injuries.</p>]]></content:encoded>
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                <title><![CDATA[What Is an Overexertion Injury?]]></title>
                <link>https://www.andersonsclawyer.com/blog/what-is-an-overexertion-injury/</link>
                <guid isPermaLink="true">https://www.andersonsclawyer.com/blog/what-is-an-overexertion-injury/</guid>
                <dc:creator><![CDATA[Smith & Griffith, LLP Team]]></dc:creator>
                <pubDate>Fri, 21 Apr 2023 04:00:00 GMT</pubDate>
                
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                <description><![CDATA[<p>What is an overexertion injury? One of the top types of injuries people suffer when making workers’ compensation claims is overexertion. These injuries result from pushing the muscles beyond their capabilities. Overexertion injuries are not usually as traumatic as some other types of injuries. They often occur over time. But even being common, many people&hellip;</p>
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                <content:encoded><![CDATA[<h2 class="wp-block-heading">What is an overexertion injury?</h2><p>One of the top types of injuries people suffer when making workers’ compensation claims is overexertion. These injuries result from pushing the muscles beyond their capabilities.</p><p><a href="https://injuryfacts.nsc.org/work/safety-topics/overexertion-and-bodily-reaction/" rel="noopener noreferrer" target="_blank">Overexertion injuries</a> are not usually as traumatic as some other types of injuries. They often occur over time. But even being common, many people do not fully understand what they are.</p><h2 class="wp-block-heading">Overexertion happens often</h2><p>Overexertion injuries can occur in almost every industry and job. Something as small as stretching too far to reach a file could cause such an injury. Often, these injuries happen in manufacturing because of the repetitive and physical types of duties required in jobs in this sector.</p><p>In any situation, extending your muscles too far can cause them to become sore and inflamed. It can also aggravate other parts of the body, such as tendons and joints.</p><h2 class="wp-block-heading">Situations that lead to overexertion injuries</h2><p>Overexertion injuries often occur due to repetitive movement. Using a computer mouse could lead to such an injury. At the same time, lifting boxes or continuously having to turn your body could also cause this type of injury. Strains can occur over time, or you may feel the instant it happens due to pulling in the muscle. These injuries happen when you do not practice proper ergonomics. Many times, employers fail to provide ergonomic tools to ensure you do not have such injuries.</p><p>While overexertion injuries may not be as severe as some other work injuries, they are still serious. If you fail to seek treatment, you could suffer from additional problems that might cause you to have to stop working.</p>]]></content:encoded>
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                <title><![CDATA[Who Can Receive Damages from a Wrongful Death Claim?]]></title>
                <link>https://www.andersonsclawyer.com/blog/who-can-receive-damages-from-a-wrongful-death-cl/</link>
                <guid isPermaLink="true">https://www.andersonsclawyer.com/blog/who-can-receive-damages-from-a-wrongful-death-cl/</guid>
                <dc:creator><![CDATA[Smith & Griffith, LLP Team]]></dc:creator>
                <pubDate>Wed, 05 Apr 2023 04:00:00 GMT</pubDate>
                
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                <description><![CDATA[<p>Who can receive damages from a wrongful death claim? Wrongful death occurs when one person causes the death of another through negligence or wrongful acts. It is a civil matter that results in a payout of money only. Some cases may also have a criminal case occurring, but that is separate from the wrongful death&hellip;</p>
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                <content:encoded><![CDATA[<h2 class="wp-block-heading">Who can receive damages from a wrongful death claim?</h2><p>Wrongful death occurs when one person causes the death of another through negligence or wrongful acts. It is a civil matter that results in a payout of money only. Some cases may also have a criminal case occurring, but that is separate from the wrongful death lawsuit.</p><p>Not everyone can bring a wrongful death lawsuit, even if they are suffering due to the loss of life. The law reserves the right to bring this type of case to <a href="https://www.scstatehouse.gov/code/t15c051.php" rel="noopener noreferrer" target="_blank">close family only</a>.</p><h2 class="wp-block-heading">The first eligible recipients</h2><p>The first in line to receive any payments from a lawsuit is the spouse and children of the person who died. If there is a spouse and no children, then the spouse will get all benefits. If there is no spouse, the children will receive all damages, divides among them according to the estate plan of the deceased. If there is no estate plan, the division is typically equal.</p><h2 class="wp-block-heading">The next eligible recipients</h2><p>In some cases, there may be no spouse or children. If this happens, then the parents of the deceased person will receive any payouts from a wrongful death lawsuit.</p><p>If there is no spouse, children or parents, the next of kin will receive any damages paid through the lawsuit. Next of kin usually starts with siblings and then works through the family to find the closest surviving relative or relatives.</p><p>The court will order who is to receive the award when finalizing the case. There is the potential to argue rights in probate since the payout from the case will become part of the deceased estate.</p>]]></content:encoded>
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