South Carolina Lawyer Blog

Josephine County, Oregon will pay a Washington couple $1.2 million for injuries they suffered after falling from a suspension bridge at a “treesort” in Takilma, Oregon. The couple was posing for a picture on the bridge that was suspended between two trees when the railing gave way causing them to fall head-first to the ground.

The family sued the county claiming they failed to inspect and issue permits for construction of the bridge; failed to require the design to meet applicable standards; and failed to stop the resort from building structures without inspections and permits. The Out ‘n’ About Treesort features guest housing in tree houses.

The lawsuit claimed the woman suffered spinal injuries, a fractured left wrist, multiple bruises and emotional distress from the fall. Her husband suffered injuries to his brain, ribs, left shoulder and arm, as well as mental and emotional distress. They had initially sought $7 million.

While the county paid the amount, they did not admit liability and settled to avoid further litigation.

Personal injury deals with injuries caused by the negligence of others. If you or a loved one has been injured due to the negligence of another, the attorneys at Louthian Law Firm can help. Call us for a free consultation at 1-866-454-1200.

Personal Injury

A physician’s assistant (PA) was found negligent in the death of a 42-year-old woman from congestive heart failure less than two months after giving birth to twins at The McDowell Hospital in Marion, NC. The lawsuit was brought by the husband who claimed the defendants did not do all they could to save the life of his wife.

The man will be awarded $667,000 in the case where he was seeking $6.8 million. The suit was filed against seven doctors, one physician’s assistant, Asheville Radiology, The McDowell Hospital and McDowell Emergency Physicians. Most of the defendants settled out of court, however, two doctors, the PA and McDowell Emergency Physicians took the case to court.

The woman was diagnosed with pneumonia after giving birth, in February, 2008, and was prescribed a medication for treatment upon her discharge. Suffering from shortness of breath and nausea, the woman returned to the emergency room several times within the following weeks and was again treated for pneumonia. She was later admitted to the hospital where she was found to have congestive heart failure. She died several weeks later after suffering a stroke.

The suit claimed the PA failed to perform appropriate tests and failed to appreciate the signs and symptoms of the woman's condition, among other charges. The PA was the only one found negligent by the jury.

The Columbia, SC Medical Malpractice Lawyers at Louthian Law Firm have many years of experience in medical malpractice cases and we are committed to providing personal service and to obtaining fair compensation for all our clients. Call us at 866-454-1200 or fill out our confidential online case evaluation form.

Medical Malpractice

Columbia, S.C. , September 19, 2011 - A recent national report’s findings that South Carolina’s rural roads are the most deadly in the nation should serve as a reminder to transportation officials and motorists about the importance of proper road maintenance and responsible behavior behind the wheel, Columbia injury lawyer Bert Louthian said today.

The nonprofit transportation research group TRIP found that South Carolina had the highest percentage of deaths on rural roads in 2009, according to the most recent statistics. Nearly 900 people were killed on rural routes in the state.

“It’s a disturbing finding,” said Louthian, a personal injury and wrongful death attorney who represents clients throughout South Carolina who have been hurt or killed in car, truck and other motor vehicle accidents.

“South Carolina is home to many small towns accessed by rural roads, and the population is growing,” Louthian said. “Increased congestion coupled with poorly maintained roads is a recipe for disaster.”

The TRIP report found that poor roadway design such as narrow lanes, limited shoulders, sharp curves, pavement drop-offs and steep slopes are common dangers on rural roads. But in a shaky economy, improvements may be limited by what type of state funding is available for repairs, the study acknowledged.

“That’s where driver responsibility becomes crucial,” Louthian said. “Behaving negligently on the roads by speeding, driving while drowsy or impaired, texting, talking on the cell phone or even playing with the radio can kill no matter if you’re on an interstate highway, neighborhood street or rural road.”

With 17,075 deaths, more than half of the nation’s traffic fatalities in 2009 took place on rural roads, according to the TRIP report. Overall, the fatality rate in rural route crashes was more than three times higher than on all other roads.

“The bottom line is that you have to pay attention and respect other motorists when you’re driving in South Carolina or anywhere else across America,” Louthian said.

Catastrophic auto accidents can change families’ lives forever, the Columbia lawyer added.

“Even in accidents where a person doesn’t die, the injuries can be devastating,” Louthian explained. “Victims frequently sustain traumatic brain injuries or become paralyzed in serious crashes, among countless other disabling injuries. Their ability to support their families, financially and emotionally, may be destroyed or limited in an instant.”

One of the most difficult problems that accident victims face in the wake of a motor vehicle crash is dealing with insurance companies, Louthian said.

“Insurance adjusters are working to score the lowest settlement possible for victims, and often try to get at them quickly and while they are at their most vulnerable,” the South Carolina personal injury attorney explained.

“Often, families are too caught up to realize that they could be signing away their rights to valuable compensation. They may not even realize how much a lawyer can help at that initial phase.”

Experienced vehicle accident attorneys work with insurance companies to protect clients from making statements that could jeopardize their claims. Lawyers can also work with law enforcement and hire experts who can reconstruct the accident scene to determine how the collision occurred.

“All of these pieces of information are the building blocks of a solid vehicle accident lawsuit,” said Louthian. “Although you go through life hoping that you’ll never have to hire an attorney for a car accident claim, it’s important to know how the laws protect you.”

About The Louthian Law Firm

The Louthian Law Firm, P.A., of Columbia, S.C., has been obtaining fair compensation for personal injury victims since 1959. The firm was founded by Herbert Louthian, who has more than 50 years of trial experience and is licensed to practice in all courts in South Carolina. The Louthian Law Firm focuses on personal injury cases involving medical malpractice; car, truck and motorcycle accidents; and other serious and catastrophic injuries throughout South Carolina. For a free, confidential case evaluation, contact the firm by phone at (866) 410-5656 or through its online form.

Last week Contra Costa County was ordered to pay over $13 million to settle two separate lawsuits. In one case they will pay $1.5 million to the family of a man shot by sheriffs in a wrongful death claim. The second suit requires they pay $11.7 million to the family of man who died in a crash on a county road.

The county will pay $1.5 million in the case of a man who was shot in 2009 in the emergency room at Contra Costa Regional Medical Center. The man had checked himself in for treatment of alcohol withdrawal symptoms. He became agitated and he attempted to cut the restraints off himself with a knife. His children, who filed the lawsuit, claimed the deputies used excessive force.

In the other case, jurors found the county failed to keep the road safe during road resurfacing work after a man died when he was struck by a vehicle that ran off the road after he stopped to help another driver. The wrongful death lawsuit alleged that "the county failed to cover higher speed limit signs and sweep off gravel during the resurfacing work."

A “wrongful death” is a death caused by the carelessness (negligence) or misconduct of another person or organization. The Louthian Law Firm has vast experience in pursuing wrongful death lawsuits. Call us today at 1-866-454-1200 for a free evaluation of your unique case.

Contra Costa pays $1.5m over hospital shooting
Jury orders Contra Costa to pay $11.7M in crash

The family of a 14-year-old Bensalem, Pennsylvania girl who was killed in a 2004 hit-and-run crash while she was trying to cross a road has been awarded $2.9 million by a Bucks County judge. The case was decided without a jury.

The 21-year-old driver that struck the girl was driving with a suspended license and was found to be intoxicated at the time of the crash. The police did not charge him with DUI-related hit-and-run saying that road condition and other factors, not his drunkenness, caused the crash. The driver, however, was sentenced to three to six years in a state prison for the accident, and is currently in jail.

The family of the deceased brought a civil trial against the driver and the owner of the vehicle the man was driving. According to PhillyBurbs.com, the judge awarded the plaintiffs $697,749.92 in wrongful death damages against both defendants; $1.5 million in survival action damages against both defendants; $600,000 in punitive damages against the driver; and $150,000 in punitive damages against the car’s owner.

If you've suffered from a serious injury in a South Carolina car accident caused by a drunk driver, you know that the consequences of a driver's intoxication can be life-altering. The attorneys at Louthian Law Firm can help. Call us for a free consultation at 1-866-454-1200.

A Burlington Northern Santa Fe Railway employee was awarded $2 million by a Yellowstone County, Montana jury for an injury he suffered in 2001.

The employee tripped over a radio handset cord in the locomotive and fell down three steps. The man suffered back injuries that required surgery and has left him with chronic pain. Although the man is currently working at the railroad as an engineer, his attorney said he will probably be medically discharged from his job in the future

Prior to the start of the trial, the presiding judge ruled that the railroad could not argue that the employee contributed to his own injury because the railroad had thrown away the handset and cord.

The five-day trial focused on determining the amount to award. The plaintiff did not ask for a particular amount.

Since 1959, the Louthian Law Firm has helped obtain favorable verdicts and settlements for countless numbers of clients injured in workplace accidents. Let us help you, too. For a free evaluation of your claim, call the Columbia lawyers at the Louthian Law Firm toll free at (866) 454-1200 or (803) 454-1200 or fill out our confidential online form.

Workplace Accident

A Pierce County, WA jury awarded a woman $2.2 million for injuries she suffered when two pit bull dogs attacked her leaving her with bite wounds to her face, neck, breasts, nose, arms and hands. The owner of one of the dogs is responsible for $1.1 million and a neighbor, who had left her dog in the care of the other, is liable for $110,000. Pierce County was found liable for $928,000.

The county, who has said they will appeal, was found negligent for not following up on earlier complaints about vicious dogs in the dog owners’ houses. The county said its animal-control officers acted reasonably given the information available to them. They also deny there were 14 calls made to the county related to these dogs.

The appeal will primarily focus on WA law that says a government agency is not to blame when it does its normal government function.

The now 63-year-old woman, who was attacked by the dogs in her home in 2007, may require additional surgeries for scarring.

If a dog has bitten you or your loved ones, you should contact the Louthian Law Firm so we can discuss your particular situation to determine whether or not you have a case. At the Louthian Law Firm, you can rest assured that we will work hard to protect your interests. Contact our South Carolina dog bite lawyers now for a free consultation.

WA Dog Bite

A Marshall County, West Virginia jury found American Electric Power (AEP) negligent in a 2007 explosion, and they must pay close to $7 million to the family of a man that died in the explosion.

The lawsuit was brought on behalf of a Tyler County, WV man who was a truck driver at the Muskingum River Power Plant. The family’s lawyer claimed the explosion was caused by dangerous conditions on the facility’s hydrogen storage tank. They also claimed there an explosion 15 months prior and AEP had not taken any corrective actions to prevent a similar accident.

An Ohio jury had recently returned a $6 million verdict against AEP for a man who was injured in the same explosion.

The power plant is located on the west bank of Muskingum River, near the town of Beverly, Ohio.

Since 1959, the Louthian Law Firm has helped obtain favorable verdicts and settlements for countless numbers of clients injured in workplace accidents. Let us help you, too. For a free evaluation of your claim, call the Columbia lawyers at the Louthian Law Firm toll free at (866) 454-1200 or (803) 454-1200 or fill out our confidential online form.

Workplace Injury

After only twenty minutes into a car accident trial last week, a recess was called and the two parties came to agreement on a $10 million settlement to be paid by the Port Authority Transit Corp. (PATCO). The transit authority had admitted before trial that its truck driver was liable for the collision.

The 55-year-old Berlin, NJ man was driving to work in July 2007 when he was struck by a PATCO truck in Philadelphia, PA. The man had just crossed a bridge into Philadelphia when the PATCO driver ran a red light and shoved the man’s vehicle into a median strip. The accident resulted in shattered bones and a broken ankle to the driver.

The man has since undergone 12 surgeries and a painful debriding procedure to try to rid the leg of a serious infection which had begun to cause his flesh to rot. Unable to do anything else to save his leg, the doctors were forced to amputate.

The man initially sought $12.5 million in damages, but agreed to the $10 million.

If you have suffered a personal injury or lost a loved one in an automobile accident, the attorneys at Louthian Law Firm can help. Call us for a free consultation at 1-866-454-1200.

Car Accident Settlement