Thursday, December 17, 2020

Winter Driving Accident Statistics

Snow and ice can turn an ordinary drive into a deadly one. Slick and slushy roads create dangerous conditions that can send the most experienced driver careening into another vehicle. Sadly, these winter driving accidents happen more often that you might think.

Consider these statistics from Carsurance and the AAA Foundation for Traffic Safety:

  • Winter weather is a factor in nearly 500,000 car crashes and 2,000 fatalities every year.
  • 17% of all auto accidents in the U.S. occur during winter weather conditions.
  • Over 70% of U.S. roads are in snowy areas.
  • About 70% of the U.S. population lives in snowy regions that get an average of five inches of snowfall annually.
  • Every year, about 76,000 Americans are injured in traffic crashes during a snowfall.
  • Annually, around 116,800 people are hurt in auto accidents on snowy or icy roads.
  • Snow, slush, and ice account for nearly a quarter of all weather-related crashes.
  • Around 15 percent of car accidents caused by inclement weather occur in snow and sleet.
  • Fatal accidents are most likely in the Midwestern and Plains states, but can also occur in the South.
  • December is the worst winter month for deadly traffic accidents.

Safety Tips for Winter Driving

Staying safe while driving in winter means taking extra precautions before you leave home:

  • Check the weather forecast: Try to avoid driving if you know that hazardous winter weather is on its way.
  • Check your visibility: Clear all ice and snow from your windshield, windows, mirrors, and roof before driving.
  • Inspect your vehicle: Check your gas, windshield wipers, lights, battery, tire pressure, and especially your brakes. It can take up to 10 times longer to stop in snowy conditions.
  • Check your spare: Don’t forget to check your spare tire in case of a blowout.
  • Create an emergency kit: A flashlight, extra cell phone charger, ice scraper, water, food, and blankets can be a lifesaver if you’re in an accident or stuck on the side of the road.
  • Let someone know your route: Make sure a family member or friend knows when you leave, what roads you will be taking, and when you expect to arrive at your destination. That way, someone will know to look out for you if you don’t show up on time.
  • Clear your tailpipe: If you have to dig out of a heavy snowfall, make sure to clear the tailpipe of any snow immediately. Otherwise, it can fill the car with carbon monoxide, potentially killing anyone who is inside staying warm.

Injured in a Car Accident? Contact Stewart Law Offices Today

Have you or a loved one been hurt in a car accident in South Carolina or North Carolina? A successful claim for compensation can provide money for medical bills, lost wages, pain and suffering, and more.

Talk to a top car accident lawyer at Stewart Law Offices today. Our law firm has four South Carolina locations, in Rock Hill, Columbia, Spartanburg, and Beaufort.** We also serve auto accident victims in North Carolina from our Charlotte office.

For more information or a free consultation, please call or contact us today.

Originally published January 2017, updated December 2020.

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Tuesday, December 8, 2020

Depression And Workers’ Compensation

Depression is a debilitating illness that affects millions of people every year. It’s also more common after a workplace accident than many people think. A study by the Institute for Work and Health found 1 in 12 employees were diagnosed with depression in the first 12 months after suffering a work injury. None of the participants had a depression diagnosis before the injury occurred.

In South Carolina, it is possible to obtain workers’ compensation benefits to cover losses incurred due to depression. However, eligible employees often face obstacles when seeking benefits for mental injuries. Insurance companies may argue that a worker’s depression is not linked to the job injury or is the result of a pre-existing condition. These arguments can impact your ability to obtain full benefits unless they’re backed by strong proof.

If you’ve been diagnosed with depression after a workplace accident, you may not feel up for a fight. Let Stewart Law Offices handle the case for you. Our compassionate South Carolina workers’ compensation lawyers can explain the state’s laws regarding mental injuries and handle every aspect of your workers’ compensation claim for you.

You’ll never feel alone as your claim proceeds. Our law firm’s longstanding tradition is to treat clients like family. And we don’t leave family behind.

Reach out to us today for a free, confidential consultation.

Does Depression Qualify Me for Workers’ Compensation?

South Carolina allows certain individuals to obtain workers’ compensation benefits for depression. South Carolina Code § 42-1-160(B) states that depression and other mental health conditions that are unaccompanied by a physical injury do not qualify as a personal injury unless an employee can prove:

  • The employment conditions causing their depression were extraordinary and unusual compared to the normal conditions of employment.
  • Those extraordinary conditions caused or exacerbated the worker’s depression.

South Carolina Code § 42-1-160(C) adds that mental injuries that occur in the absence of a physical on-the-job injury do not qualify for compensation if they occur in the context of normal employer/employee relations, such as:

  • Personnel actions by the employer such as disciplinary actions
  • Work evaluations
  • Transfers
  • Promotions
  • Demotions
  • Salary reviews
  • Terminations

If your depression is aggravated by a work-related physical injury, it is only compensable if:

  • The employer/carrier admits it.
  • An authorized physician notes that the condition is at least in part causally related or connected to the injury or accident in medical records.
  • The depression is found to be causally related or connected to the accident or injury after evaluation by an authorized psychologist or psychiatrist.

What Kind of Workplace Injuries Can Lead to Depression?

In truth, any kind of workplace injury could lead to depression. In the study above, the participants had all suffered some sort of musculoskeletal injury that kept them out of work for five days or more.

People who suffer from traumatic brain injuries (TBIs) may also experience depression as a consequence of their injuries. This could be due to direct damage to the brain or from the limitations that the injury caused, such as the loss of mobility, memory loss, or other cognitive impairments.

South Carolinians who suffer job injuries that are career-ending, require long-term hospitalization, or result in permanent disabilities are also prone to depression. High-stress jobs also are associated with high rates of depression.

Filing a S.C. Workers’ Compensation Claim for Depression

You have 90 days to notify your employer that you realized or have been diagnosed with depression. After that, you would file a Form 50, Employee’s Notice of Claim and/or Request for Hearing with the S.C. Workers’ Compensation Commission.

At Stewart Law Offices, we can assist you with filing all workers’ compensation paperwork accurately and on time. We can also work with your employer’s insurance company to address any disputes that may arise.

Please know that we understand that depression is real. We also understand the complexities of workers’ compensation law and can gather the evidence you need for a solid and convincing claim.

Get Legal Help from an Experienced S.C. Workers’ Compensation Lawyer

Don’t give up on pursuing workers’ compensation if you’re suffering from depression. Talk to an attorney at Stewart Law Offices instead.

For more than 25 years, our accomplished legal team has fought for the rights of injured workers just like you. Our law firm has offices in Rock Hill, Columbia, Spartanburg and Beaufort**, as well as Charlotte, N.C. We can come to you if getting to us is too difficult.

Call or contact us now to get started.

Originally published October, 2019. Updated December, 2020.

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Wednesday, November 25, 2020

Winter Coats and Car Seats Don’t Mix

The days are shorter and getting colder. As winter approaches, parents will start the annual practice of bundling their kids in puffy coats when they leave the house. But beware: bulky jackets can reduce the effectiveness of car seats if a crash occurs.

Why You Should Always Remove Your Child’s Coat

It feels wrong to take a child’s coat off when it’s freezing outside, even in the car. But car seat technicians warn that failing to do so could be a deadly mistake.

Puffy coats and multiple layers make it difficult to harness a child securely in the car seat. If a car accident happens, the force of impact will cause the material inside the coat to squish down. What seemed like a tight enough harness when you buckled your child up will be too loose to restrain them well.

Researchers also found that puffy coats and snowsuits can leave up to four inches of slack in the straps, which significantly increases the risk of head and neck injuries.

Technicians recommend that children should be wearing nothing thicker than a sweatshirt when they are riding in a car seat, according to SafeRide4Kids. Yet a 2019 survey from Volvo found that 65 percent of parents do not take off coats before buckling up.

Winter Car Seat Safety Tips

Here are tips for ensuring that your child is safely harnessed before you hit the road:

  • Put your child in the car seat with the coat on and fasten the harness. Tighten the straps until you can’t pinch any of the harness webbing between your thumb and index finger.
  • Unbuckle and remove your child from the car seat. Take off the coat.
  • Place your child in the safety seat and re-fasten the harness, keeping it the same as it was when the coat was on. If you can pinch the webbing between the thumb and forefinger, the coat is too thick.
  • Don’t worry. Your child can still ride with warm weather gear. You can supplement them with hats, wrapping them in blankets, or even tucking the coat itself around the child.

Hurt in a Crash? Call an Injury Lawyer at Stewart Law Offices Today

If you or your child was hurt in a car accident in the Carolinas, you could be entitled to compensation from the at-fault party. Call the experienced car accident lawyers at Stewart Law Offices today. With offices in South Carolina and North Carolina, our injury attorneys have been representing clients successfully since 1995. We can help you, too.

Not sure if you have a case? Our law firm offers free consultations. Call or contact us today to arrange yours.

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Monday, November 23, 2020

Car Accident and Fatality Statistics in South Carolina

South Carolina is one of the worst states for car accidents. An annual survey from Car Insurance Comparison recently ranked South Carolina as the second-worst driving state in America for the sixth year running. Statistics show that the rate of traffic fatalities in the state is almost double the national average. And preliminary data from the S.C. Department of Public Safety (SCDPS) indicates that there were 758 traffic fatalities in the state during first ten months of 2020 alone.

Losing a loved one in a car accident is an unimaginable tragedy. Surviving family members in South Carolina can pursue compensation from the at-fault party through a wrongful death claim. If you’ve lost a relative, contact the experienced car accident lawyers at Stewart Law Offices for a free consultation. We have four offices throughout the state including Rock Hill, Columbia, Spartanburg, and Beaufort**.

South Carolina Car Accident Fatality Statistics

Consider these statistics for South Carolina:

  • One fatal collision occurs every nine hours.
  • One person dies in a crash every 8.5 hours.
  • One person dies in a DUI crash every 30.1 hours.
  • One teen is involved in a fatal or injury collision every 1.4 hours.
  • A child under 8 is seriously injured or killed in a traffic crash every 7.2 days.
  • More than 570 passengers in fatal crashes during the first 10 months of 2020 were not wearing seat belts.
  • There is one injury collision every 13.8 minutes.

The top five causes of S.C. car accidents are speeding, failure to yield, disregarding signs/signals, following too closely, and distracted driving.

What to Do if a Loved One Died in a S.C. Car Accident

If you lost a family member in a South Carolina traffic accident, you could have a valid wrongful death claim against the at-fault party. It is essential that you speak to a knowledgeable wrongful death lawyer as soon as possible. An attorney will assert your family’s rights and help you claim the compensation you deserve.

Although monetary compensation can never make up for the person you lost, it is intended to restore your family’s financial wellbeing and help you pay for funeral and burial costs.

When Does a Fatal Accident Become a Wrongful Death?

Not every death is legally considered a wrongful death. The key to whether you have a claim depends on whether someone else was responsible for the fatal wreck.

The South Carolina wrongful death statute provides a clear definition that states any death caused by the negligent or wrongful act of another person is considered a wrongful death and that certain individuals can claim damages as a result. Therefore, if another party acted negligently or carelessly and caused the death of your loved one, you likely have a valid claim.

How Stewart Law Offices Can Help

Losing a family member unexpectedly is a tragedy. If someone you love was killed in a South Carolina car accident, wrongful death compensation can help ease the financial blow. Stewart Law Offices can provide compassionate and dedicated legal support during this difficult time. Schedule a free consultation with a S.C. wrongful death lawyer today.

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How to Deal With Road Rage

Road rage is entirely preventable. Yet it remains a serious threat to motorists on roads in South Carolina and throughout the United States. A recent study found that 1 in 4 drivers has been involved in a road rage incident, either as the victim or the perpetrator.

Follow these tips from Stewart Law Offices about how to minimize road rage and all of its dangers.

Causes of Road Rage

A variety of circumstances are reported to cause road rage. Traffic congestion and delays are known to make drivers especially irritable. Thinking logically, drivers should realize that these road conditions are completely out of any motorist’s control. But if they’re running late or stressed out, they may take it out on others by acting aggressively behind the wheel.

Once stress levels are high, even small driving infractions that a driver would normally shake off could turn into a road rage incident.

Examples of Road Rage

Road rage can take many forms, such as:

  • Intentional tailgating
  • Yelling at another motorists
  • Honking angrily
  • Blocking another vehicle from changing lanes
  • Cutting off other cars deliberately
  • Getting out of a car to confront the other driver
  • Bumping or hitting another car on purpose
  • Throwing objects
  • Forcing another driver off the road

Disturbingly, a 10-year analysis of crash data from The Auto Insurance Center found that South Carolina had the second-highest rate of fatal accidents that could be attributed to road rage in the nation.

How to Avoid a Road Rage Accident in South Carolina

The only thing you can control on the road is your own behavior. Here’s what you can do to lessen the chances of causing a road rage accident:

  • Obey the rules of the road.
  • Don’t react to others’ aggressive driving by engaging in the same behaviors.
  • Own your mistakes. If you cut someone off, apologize for it verbally or with a friendly wave.
  • Control your temper. Even if the other driver tries to confront you verbally, don’t escalate the situation by fighting back.
  • Call 911 if you are afraid of being harmed.

How to Handle Others Drivers’ Road Rage

The best way to deal with another motorist’s aggressiveness is by driving defensively. This means:

Keep your distance. If possible, let the driver pass you. With luck, he or she will zoom on by. But if the aggressive driver tries any other maneuvers from in front, like braking suddenly for no reason, keeping your distance will give you more time to respond and avoid a collision.

Don’t meet with the driver. Never pull off the road to talk to the other driver. You have no idea of his or her intentions.

Get Legal Help If You’ve Been Injured

Has someone else’s road rage caused you harm? If you have been seriously injured in a road rage crash in South Carolina, the experienced car accident attorneys at Stewart Law Offices can help you fight for compensation for your medical bills, lost wages, pain and suffering, and more.

Call or contact us today for a free consultation.

Originally published January 2017, updated November 2020.

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Wednesday, November 18, 2020

Busting 2 Myths About Workers’ Compensation

Workers’ compensation can be a vital asset to people who have become injured or sick on the job. Benefits from a successful workers’ compensation claim can keep employees from falling onto hard times so they can heal without worrying about their finances.

Unfortunately, several myths about the workers’ comp process have kept many eligible employees from filing a claim for benefits they are rightfully owed. Stewart Law Offices is here to debunk them and set the record straight.

Myth No. 1: You Can Only File a Claim If the Employer Is at Fault

Fact: Workers’ compensation benefits are available to eligible employees regardless of fault. The system was developed in an effort to curb the number of personal injury lawsuits that were brought against employers after their workers were hurt in on-the-job accidents.

Under workers’ compensation laws, the employer will pay for all reasonable medical expenses for the injury, a portion of the employee’s lost wages, and disability benefits until the employee has recovered or reached maximum medical improvement.

There is a trade-off for these guaranteed benefits. In exchange for not having to prove fault in a workers’ comp claim, employees lose their rights to file a negligence claim against the employer. It may be possible to sue other parties depending on the facts of the case. An experienced workers’ compensation lawyer would need to investigate the case to determine your legal options.

Myth No. 2: Workers’ Compensation Will Cover All of Your Losses

Workers’ compensation covers medical expenses related to your injury and provides partial reimbursement of your lost wages while you are out of work. It also can cover rehabilitation expenses and disability compensation for permanent injuries. However, certain types of compensation are not included under workers’ compensation. One of the primary ones is pain and suffering.

Money for pain and suffering can be awarded in a personal injury claim. Because you cannot sue your employer, there is no way to recover that types of compensation through a workers’ compensation claim.

However, there are times when a person has a valid personal injury claim after a workplace accident. This happens in cases where someone other than the employer is responsible for the incident.

For example, if a power tool malfunctioned due to a design defect while you were using it at work, you could file a personal injury claim against the company who designed or made the product. In that circumstance, you could be awarded damages for pain and suffering (along with other losses) because the negligence claim was against a third party, not your employer.

Learn More at Stewart Law Offices

Understanding the workers’ compensation process is difficult, but the lawyers at Stewart Law Offices can break it down for you in a free consultation. If you’ve been hurt in a workplace accident or diagnosed with an occupational disease, call or contact us today.

With offices in Rock Hill, Spartanburg, Columbia, and Beaufort, S.C. and Charlotte, N.C., our attorneys can meet wherever it is most convenient for you.

Originally published January, 2017. Updated November, 2020.

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Thursday, September 24, 2020

Celebrating 50 years of Service by the Children’s Attention Home

When it comes to abuse and neglect in South Carolina, children are one of the most vulnerable populations. Fortunately, our state is blessed with an organization that has spent the last 50 years providing loving services to children in need. This month, Stewart Law Offices honors the hard work done at Children’s Attention Home in Rock Hill.

What is Children’s Attention Home?

Since 1970, Children’s Attention Home has cared for abused and neglected children in South Carolina. It serves youth from birth to age 21 who have been placed in custody of the S.C. Department of Social Services, with most children ages 13 and older.

The care that children receive at Children’s Attention Home is comprehensive, focusing on their physical, emotional, and educational wellbeing. In addition to working with social services to make recommendations for each child’s future care and placements, the home prepares youth that are aging out of the foster care system with the necessary skills to be successful on their own.

Children’s Attention Home also expands its reach to assist teenagers outside of the child welfare system between the ages of 17 and 20 who do not have reliable shelter. Programs also help these young adults develop job skills and connect with their local communities.

Thanks to donations, Children’s Attention Home is also able to give kids opportunities to participate in activities that would otherwise be out of reach for them, such as professional sporting events, camping, museum visits, and beach trips.

Stewart Law Offices Joins Sponsors for 50th Anniversary Celebration of Children’s Attention Home

At Stewart Law Offices, our personal injury lawyers are also dedicated to helping South Carolinians in need. Recognizing our similar goals, our law firm is a contributing sponsor of Children’s Attention Home’s 50th Anniversary Celebration. Our greatest hope is that our contributions can continue to make a difference in the lives of South Carolina children and families.

How to Get Involved

You can support Children’s Attention Home through volunteering, donations, and/or sponsorship opportunities. For additional questions, contact Katy Motsinger at kmotsinger@attentionhome.org or call (803) 372-6841.

Stewart Law Offices: Getting You the Compensation You Deserve While Serving Our Community

If you’ve been hurt in an accident in South Carolina, a personal injury attorney at Stewart Law Offices can help. We’ve been faithfully serving injured people throughout the Carolinas for three decades.

Our law firm was founded on the principle of treating clients like family. You are not just an anonymous face to us. We are committed to getting to know you as individuals so that we can represent you effectively and work to achieve your goals for maximum compensation.

With four offices in South Carolina, our injury attorneys are committed to serving communities throughout the state. Schedule a free consultation in one of our Rock Hill, Columbia, Spartanburg, or Beaufort* locations today.

Brent Stewart, Founding Attorney
Principal Office: 1242 Ebenezer Rd., Rock Hill, SC 29732

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Wednesday, September 23, 2020

2021 “BEST LAWYERS: Ones to Watch”

Stewart Law Offices is pleased to announce that three attorneys from our NC and SC offices were included in the inaugural edition of the Best Lawyers: Ones to Watch.

  • Sam Bass was recognized for his work in Workers’ Compensation Law – Claimants and Personal Injury Litigation – Plantiffs in South Carolina.
  • Stephen Vicari was recognized for his work in Workers’ Compensation Law – Claimants and Insurance Law in South Carolina.
  • Christian Gerencir was recognized for his work in Workers’ Compensation Law – Claimants in North Carolina.

Recognition by Best Lawyers: Ones to Watch is based entirely on peer review and employs the same methodology as Best Lawyers®. Ones to Watch is awarded to attorneys earlier on in their legal career. The lists are divided by geographic region and practice areas. They are reviewed by their peers on the basis of professional work.

Stewart Law Offices has been representing injury victims throughout the Carolinas for over 25 years. Our experienced trial lawyers help accident victims in NC & SC demand maximum compensation for their injuries. For more information about “Best Lawyers: Ones to Watch” and their criteria for selection, visit https://www.bestlawyers.com/

Learn More

Sam Bass


Principal Office: 409 South Pine Street, Spartanburg, SC 29302
864-583-2223

Stephen Vicari


Principal Office: 10 Calendar Court, Suite 100, Columbia, SC 29206
803-743-4200

Christian Gerencir


Principal Office: 5555 77 Center Drive, Suite 240, Charlotte, NC 28217
704-521-5000

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Tuesday, September 22, 2020

Whose Side Is the Workers’ Comp Doctor?

If you are injured on the job in the Carolinas, you may be entitled to workers’ compensation for your medical expenses, a portion of your lost wages, and disability benefits. Although the workers’ compensation laws in South Carolina and North Carolina are different, they do share one thing in common — injured workers must see a doctor before any claim can be approved.

The doctor’s opinion carries a lot of weight as the insurance company considers whether to approve your workers’ compensation claim. This can create an understandable worry among employees about whether the physician is working in their best interests. Here’s what you need to know.

Whose Side is the Workers’ Comp Doctor On?

The workers’ compensation doctor is working for the insurance company, not for you. But doctors, even those who work for insurance companies, are sworn to practice medicine with integrity, compassion, and concern for the health of their patients. The assumption is that these providers will put your wellbeing over any profits they make from the insurer.

However, it often happens that injured workers do not agree with the workers’ compensation doctor’s findings. You have limited options if you’re unhappy with an opinion, so it’s advisable to speak with an attorney before taking steps on your own.

Can I Hire My Own Doctor for My Workers’ Comp Injury?

In North Carolina, you can only hire your own doctor in rare circumstances. The law is complicated. In general, you will need to pick your doctor from your employer’s list of approved providers. However, you are allowed to seek a second opinion and ask to change doctors. But unless permission is received in writing from your employer, their insurance carrier’s representative, or the N.C. Industrial Commission, payment for your treatment is not guaranteed. Permission will depend on showing “by a preponderance of the evidence” why a change is warranted. An experienced N.C. workers’ comp attorney can step in to help you collect this evidence.

In South Carolina, you can’t choose your doctor after a workplace accident and get medical coverage. In other words, going outside of your employer’s approved network of providers will mean that you will have to pay for the costs out of pocket. These situations can be incredibly stressful, especially if you’re contending with other health problems like pre-existing conditions. Consulting with a S.C. workers’ compensation lawyer can be helpful to figure out your next steps.

What Stewart Law Offices Can Do for Me

If you’re unhappy with the doctor’s decision about your work injury, you need the advice of an experienced workers’ compensation lawyer immediately. Get in touch with the South Carolina and North Carolina attorneys at Stewart Law Offices right away.

Our law firm understands that the stakes are high if an injury or illness puts you out of work. We will represent you aggressively in talks with the insurance company and develop a compelling argument for why you deserve full workers’ compensation benefits. Our attorneys are also accomplished trial lawyers and can represent you in appeals before the S.C. Workers’ Compensation Commission and the N.C. Industrial Commission if necessary.

You can count on Stewart Law Offices to use all of our resources to fight for your rights. Call or contact us today for a free consultation.

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Thursday, September 10, 2020

2021 Best Lawyers® – Stephen Suggs

Stewart Law Offices is pleased to announce that attorney Stephen Suggs was selected by his peers for inclusion in the 27th Edition of The Best Lawyers in America© for his work in Workers’ Compensation Law – Claimants. Lawyers on The Best Lawyers in America© list are divided by geographic region and practice areas. They are reviewed by their peers on the basis of professional expertise. Stewart Law Offices has been representing injury victims throughout the Carolinas for over 25 years. Our experienced trial lawyers help accident victims in NC & SC demand maximum compensation for their injuries. For more information about Best Lawyers® https://www.bestlawyers.com/

Best Lawyers Award Badge

Learn More

Stephen Suggs – SC Attorney
Principal Office:
10 Calendar Court, Suite 100, Columbia, SC 29206
803-743-4200

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Top 5 Mistakes to Avoid After a Car Accident

After a car accident, it’s important to take immediate action to protect your legal rights. But if you’re like many people, you don’t know exactly what that means. Even the smallest mistake could jeopardize your ability to collect compensation.

At Stewart Law Offices, we don’t want you to lose out on the money you deserve. Our experienced car accident lawyers have put together a list of the top five mistakes to avoid after being involved in a crash.

Mistake No. 1: Not Contacting Law Enforcement

You should always call the police after a crash, even if no one appears hurt. A police report officially documents that the accident happened. This can be of critical importance if you start showing signs of an injury later. The police report can help establish a timeline that links the accident to any injuries that have a delayed onset, such as whiplash or a concussion.

Mistake No. 2: Not Getting Medical Treatment Right Away

It’s critical to see a doctor even if you feel fine after an auto accident. Injuries that do not manifest symptoms right away can quickly turn deadly, such as internal bleeding. What looks like a simple bruise could indicate damage to vital organs that needs to be stopped surgically. Seeing a doctor immediately ensures that your injuries are detected and do not worsen, but it also generates medical records that will be essential evidence if you need to file a legal claim in the future.

Mistake No. 3: Talking to an Insurance Adjuster Before Consulting an Attorney

No matter how sympathetic they sound, representatives from the insurance company are not on your side. Their job is to save money by making settlement offers that are far lower than what accident victims deserve. It’s OK not to talk to the insurer until you’ve had a chance to speak with an attorney. Check your insurance policy so that you don’t miss the deadline to report the wreck. Then call a trusted car accident lawyer to review your case for you.

Mistake No. 4: Talking About the Crash with Others

Ideally, the only people who should know the details of the accident are you, your lawyer, your doctor. Usually clients have a trusted family member or friend who is also in the loop. However, you should never discuss the accident on social media, with co-workers, or with friends in general. The insurance company will fish for evidence that you are not as injured as you seem. If you claim you suffered from whiplash and someone posts a picture of you dancing on Facebook during your recovery period, that can be used against you.

Mistake No. 5: Accepting the First Settlement Offer

Don’t be shocked if an insurance adjuster offers you a settlement within hours of the crash, perhaps even while you’re still in the hospital. It’s an attempt to get you to accept money before you can possibly understand the impact of your injuries. Remember, you can only settle once. You can’t go back for more compensation once a claim is resolved.

Contact a Car Accident Lawyer in North & South Carolina Today

For 30 years, Stewart Law Offices has been successfully representing injured people throughout North Carolina and South Carolina. If you were hurt in a wreck, get experience and compassion on your side. Call Stewart Law Offices now.

Originally published January, 2017. Refreshed September, 2020.

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Tuesday, August 11, 2020

Sponsor of 23rd Annual Golf Outing for Kids’ Chance

Columbia, SC – Kids’ Chance of South Carolina is pleased to announce Stewart Law Offices as the presenting sponsor of the 23rd Annual Dennis Brewer Memorial Golf Tournament, to be held on September 18, 2020.

Stewart founding partner, Brent Stewart states, “When a parent is suddenly unable to work after a job accident, the stability of the entire family is put in jeopardy. Our law firm and Kids’ Chance of South Carolina share a similar mission in helping these deserving families find the financial means necessary to secure a better future.”

This annual golf tournament raises funds for scholarships that are awarded to children who have a parent that has been seriously injured or killed in a work-related accident in South Carolina. Contributions to the golf tournament directly benefit deserving students who need financial assistance to pursue and reach their educational goals.

Established in 1993, Kids’ Chance of South Carolina secures funding for scholarships to help students with their educational expenses. Events such as the Dennis Brewer Memorial Golf Tournament and corporate partnerships net more than $100,000 annually for scholarships. Kids’ Chance of South Carolina has given hundreds of deserving students the opportunity to achieve their academic dreams through the scholarship program, awarding approximately $1.1 million to 500 students.

About Stewart Law Offices

For 25 years, Stewart has played an active role in a number of charities throughout South Carolina and North Carolina. Through the generosity and tireless efforts of Stewart Law Offices employees, families and friends, philanthropy has become more than an initiative — it is a way of life. Stewart Law Offices has offices located in Columbia, Spartanburg, Rock Hill, Beaufort and Charlotte. The principal office is 1242 Ebenezer Rd., Rock Hill, SC 29732. To learn more about Stewart Law Offices, visit https://www.stewartlawoffices.net.

About Kids’ Chance of South Carolina, Inc.

Kids’ Chance of South Carolina, Inc. is a private, nonprofit 501(c)3 South Carolina corporation. It is governed by a volunteer board of directors, composed of business and community leaders. Its board meets quarterly and lends it expertise to the operations of the organization and offering support to its Executive Director.

Students between the ages of 16-25 who have a parent or legal guardian that has been killed or seriously injured in a work-related accident in South Carolina is eligible to apply for a scholarship. Kids’ Chance of South Carolina takes great pride in the many ways they’ve helped students achieve their academic goals over the past 28 years.

To learn more about Kids’ Chance of South Carolina, visit: the MCC Foundation, visit http://www.kidschancesc.org.

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Monday, August 10, 2020

Beware: Car Insurance Companies Are Not Your Friend

If you’ve been hurt in car accident, it’s guaranteed that you’ll be dealing with insurance companies — both your own, and the insurer for the at-fault driver(s). Insurance companies are the gateway to compensation after a crash. But no matter how sympathetic the claims adjuster sounds, proceed with caution. The insurance company is not your friend.

What to Do When the Insurance Company Comes Calling

Insurance companies act quickly when an accident report comes in. It’s not unusual for crash victims to receive calls from a representative within hours of the collision — sometimes when they’re still lying in their hospital beds. There’s a reason for this “timely” service. The quicker the insurance company can get you to agree to a settlement, the less money you’re likely to receive.

When the insurance company comes calling, don’t talk to them about your injuries or agree to make a recorded statement about the crash. Instead, inform them that you will be speaking with an attorney and that any future communication should be directed to your lawyer.

You also shouldn’t agree to sign any medical release forms or other documents until you’ve spoken to a car accident lawyer. The more information the insurer can get about you, the more ammunition they have to use against you to avoid paying out your claim.

If the Insurance Company Offers You a Settlement…

There’s a reason why insurance companies are swift to make a settlement offer. They want to get your claim closed before you have a chance to figure out the true extent of your losses.

It’s not always possible to understand the severity of a car accident injury right away. Some serious injuries, such as concussions, may not be diagnosed until days after the wreck. In addition, doctors may not be able to predict whether an accident victim will make a full recovery within hours of the crash. If you accept a settlement offer before understanding what the long-term effects of the car accident will be, you could end up with far less money than you will actually need in the future.

You may be told the offer is the best you’ll get. They may say that a lawyer is unnecessary. They may even tell you that the settlement is their “final” offer. Don’t fall for it. Get a car accident attorney by your side right away. Settlements are negotiable, and the first offer is rarely a fair one.

Need a Friend? Contact a S.C. Car Accident Lawyer at Stewart Law Offices

At Stewart Law Offices, we see clients as family, and we’ll protect you as one of our own. If you’ve been injured in a car accident in South Carolina, our tough team of trial lawyers won’t let the insurance companies take advantage of you during such a vulnerable time. We’ll even visit you at your home or hospital as you recover.

Ready to get started? Contact us today for a free consultation.

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Monday, August 3, 2020

Why You Need a Workers’ Compensation Lawyer in South Carolina [Updated August 2020]

People need their jobs to survive. But if they get hurt or sick at work, their financial security can quickly be put in danger. South Carolina workers’ compensation laws try to lessen the burden by providing monetary benefits to qualifying employees while they recover.

Workers’ compensation provides payment for medical care, a portion of an employee’s lost wages, and other benefits if they are hurt in a workplace accident or diagnosed with an occupational disease. These benefits are available regardless of fault, meaning that a worker doesn’t need to prove that his/her employer was negligent in order to receive benefits.

The majority of workers in South Carolina are entitled to workers’ compensation. Yet many employees with valid claims are not offered a fair amount of benefits, and others are denied completely. That’s when a tough workers’ compensation lawyer can step in.

What a Workers’ Compensation Lawyer Can Do for You

Filing for workers’ compensation is a time-sensitive, detailed process. There are notification deadlines that must be met in order to pursue a benefits claim. Though employers are supposed to be transparent about all of the procedures, many workers are left confused about what they are supposed to do, and when. A workers’ compensation lawyer can guide you through the entire process of seeking benefits.

  • If you haven’t filed for workers’ compensation yet, an attorney can prepare the necessary forms, gather the medical documentation you need to support your claim, and make sure that everything is filed on time.
  • If you’ve already been denied, an attorney can identify where the claim got hung up and get started on appealing the case for you.

In addition, an experienced workers’ compensation lawyer can determine whether anyone else can be held liable for your injury or illness. Though S.C. law prohibits you from suing your employer, you may be entitled to additional compensation through a third-party lawsuit.

Example: You’re a delivery driver. On your way to drop off a package one day, another motorist blew through a stop sign and hit you. You suffered a head injury and a broken arm. You could file a third-party personal injury claim against the at-fault driver that is separate from your workers’ comp claim.

The advantage of a third-party claim is that you could end up collecting more money. That’s because workers’ comp only pays for medical costs and lost wages. A third-party claim could also enable you to recover compensation for pain and suffering, lost quality of life, and other noneconomic damages.

Our S.C. Job Injury Attorneys Can Help After a Workplace Accident

If you were injured at work or are suffering from a job-related illness in South Carolina, obtaining full and fair workers’ compensation benefits can help you get the medical treatment and wage support you need to stay financially afloat. At Stewart Law Offices, our workers’ compensation lawyers will strive to obtain maximum benefits for you.

Our hardworking attorneys have years of experience representing South Carolinians just like you. We can sit down with you and discuss your legal options in a free consultation. To learn more about how we can help, call or contact us now.

Originally published March 26, 2014, updated August 3, 2020.

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Wednesday, July 15, 2020

How Social Media Can Sink Your Personal Injury Claim [Updated July 2020]

Social media is a popular way for people to share photos, videos and messages about what’s going on in their lives. But if you’ve been hurt in an accident, beware — insurance investigators may have their eyes on you.

A staggering 3.8 billion people use social media globally, according to a 2020 analysis of the digital universe by Hootsuite. That’s nearly half of the world’s population. Given those numbers, it’s no surprise that insurance adjusters look to accident victims’ social media account(s) for evidence to justify denying or reducing their personal injury claims.

Obtaining compensation in an injury claim requires proof — and social media is a quick and easy place for investigators to start combing for evidence. Let’s say you were hurt in a car accident and suffered whiplash and back injuries. If you or a friend posts a Facebook video of you dancing at a nightclub while you’re supposed to be recovering, the insurance company can use that footage against you to argue that you’re not as hurt as you claim to be.

You’re not safe with private messaging platforms like WhatsApp, either. Just as courts can ask you to turn over your cell phone records and emails as evidence, any accident-related messages that you trade over social media may be admissible, too.

To put it simply — nothing you post on social media ever truly disappears. You could un-tag yourself from the friend’s video of you dancing so that it doesn’t appear on your Facebook profile, but an investigator could still find it and authenticate that it’s you.

Protect Your Legal Claim by Taking a Social Media Break

After an accident, the ideal thing to do is to stay off social media entirely. But if you don’t want to take a social media vacation, then there are ways to keep using it without damaging your claim for compensation.

  • Limit what you post: Don’t talk about the accident on Facebook, Twitter, or any other platform that you use. Avoid posting photographs, even if they seem harmless to you. Restrict your social media use to scrolling through others’ posts or sharing news articles. Don’t “check-in” at restaurants or other spots when you’re supposed to be in bed.
  • Ask your family and friends not to post anything about you on social media: Tell them that you have an injury claim pending and that sharing anything could damage your case. It could also result in a friend or relative being asked to be a witness against you.
  • Adjust your privacy settings: Change your account to the highest privacy setting possible.
  • Review your list of “friends:” If you’re in the habit of accepting friend requests from pretty much anyone, stop now. Check your list. If you don’t recognize a name, delete it. It could be an adjuster wanting access to your account.
  • Don’t remove anything: It’s not a good idea to remove something that you’ve already posted to social media. The insurance company could argue that you were destroying evidence.

Reach Out to an Experienced SC and NC Personal Injury Lawyer

At Stewart Law Offices, our attorneys work hard to obtain maximum compensation for clients injured in accidents throughout the Carolinas. Monitoring your social media usage is just one way that insurance companies try to get out of paying you a fair settlement. Let us help you fight for the best possible results in your case.

Call or contact us today for a free consultation.

Originally published December 16th, 2016, updated July 15th, 2020.

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Wednesday, July 8, 2020

Amazon Sued for Not Following COVID-19 Prevention Protocols

With coronavirus cases continuing to surge in many parts of the country, employers are expected to adhere to strict health guidelines in order to keep their employees safe. But a new lawsuit from Amazon employees claims that the corporate giant has not followed Centers for Disease Control and Prevention protocols, according to a CNBC report.

In the lawsuit, workers in a New York facility claim that Amazon is engaging in sloppy “contact tracing” procedures in its Staten Island warehouse. Contact tracing is a protocol in which employers try to track down everyone who an infected employee has come in contact with to inform them of their potential exposure to the virus so they can be quarantined.

Contact tracing has been happening in South Carolina since March. In fact, the Palmetto State’s contact tracing model was praised by infectious disease expert Dr. Anthony Fauci before the U.S. Senate. But the number of coronavirus cases in South Carolina continues to rise. As the state reopens, it’s critical for employers to be vigilant in tracking down workers who were exposed to others with COVID-19 at work.

If you were diagnosed with the coronavirus after exposure at work, you could be entitled to workers’ compensation in South Carolina. However, legal questions about how workers’ comp and COVID-19 claims will be handled are still evolving. The best way to find out whether you could have a valid claim is by scheduling a free consultation with a knowledgeable South Carolina workers’ compensation lawyer at Stewart Law Offices.

Call or contact us today for a free consultation.

South Carolina Workers’ Comp and the Coronavirus

For workers who were deemed essential during the pandemic, the risk of contracting the coronavirus is very real. Understandably, employees want to know if workers’ compensation will cover their medical bills and missed wages while they quarantine and/or recover from the illness.

Most South Carolina workers are eligible for workers’ compensation benefits. The key to obtaining benefits is proving that they were exposed to the illness while they were performing duties within the scope of their employment. With a contagious disease such as COVID-19, proving work-related exposure may be a challenge. That’s because an employee will have to establish that he or she more likely than not contracted the illness at work and not anywhere else that they have been, such as the grocery store, gas station, or bank.

Although it’s not clear how South Carolina will come down on the issue of workers’ comp and COVID-19, it’s a smart idea to start talking to a lawyer now if you believe you might have a claim.

Reach out to Stewart Law Offices today. Our experienced team of South Carolina workers’ compensation lawyers can listen to your story, evaluate the facts, and determine your legal options.

For a free consultation, call or contact us today.

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Wednesday, June 17, 2020

Expensive Cars are Less Likely to Yield to Pedestrians

A study recently published in the Journal of Transport & Health found that people who drive expensive vehicles are less likely to stop and yield to pedestrians, even when they are in crosswalks.

Noticing the disturbing uptick in pedestrian accidents over the past decade, researchers decided to investigate what demographic factors appeared to contribute to these types of accidents. In South Carolina, one pedestrian is killed in a traffic collision every two days, according to the S.C. Department of Highway Safety.

The study also found that drivers were more likely to yield to women than men and whites compared to minorities.

Have you been hurt in a pedestrian accident in South Carolina? You may be entitled to compensation to help with your medical costs and other losses if someone else is responsible for the accident. Call or contact an experienced pedestrian accident attorney at Stewart Law Offices today.

South Carolina Pedestrian Laws

Many of us have heard the expression that “pedestrians always have the right of way.” But is this true? The fact is that both pedestrians and motorists have certain rights and responsibilities in South Carolina.

The law says that “Notwithstanding other provisions of any local ordinance, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and shall give an audible signal when necessary and shall exercise proper precaution upon observing any child or any obviously confused, incapacitated or intoxicated person.” Simply put, that means a driver must do everything in his or her power to avoid striking another person.

Similarly, pedestrians have a duty to take all possible steps to avoid a collision. Pedestrians must:

  • Comply with all traffic control signals and traffic regulations
  • Only cross the street in a designated crosswalk
  • Remain in a safe place when a vehicle is approaching and is close enough to create a risk
  • Use the right half of a crosswalk
  • Yield to vehicles if they are crossing the street anywhere but a crosswalk
  • Never cross a road diagonally, unless traffic signals indicate that they should do so
  • Never walk on a roadway when a sidewalk is available
  • Never walk on a highway, unless necessary
  • Walk on the left side of the road if forced to walk on a highway and yield right-of-way to all vehicles
  • Never walk on a sidewalk or roadway when incapacitated

South Carolina also provides pedestrians certain with rights. These include the right to:

  • Cross the road, or finish crossing the road, when approaching an intersection if traffic control signals are not in place
  • Be protected from all vehicles approaching an intersection
  • Be safe from vehicles when walking on a sidewalk
  • Cross the street at any point when using a raised cane, a walking stick that is white with a red tip, or a guide dog

When either pedestrians or drivers violate these laws, they can be held liable for their actions through a South Carolina personal injury claim.

Arrange a Free Consultation with a South Carolina Pedestrian Accident Lawyer

Pedestrian accidents can lead to catastrophic injuries. If you were hurt while walking in South Carolina, a skilled pedestrian accident attorney from Stewart Law Office can determine if you have a case and fight for the compensation you deserve. Contact us online to schedule a free case review today.

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Americans Spend Nearly 100 Hours Stuck in Traffic Each Year

Americans spend a lot of time on the roads, much of it slowed or stopped in the congestion of the morning and evening commutes. Aside from being a frustrating experience, increased traffic congestion means a greater likelihood of serious car accidents. A recent report by INRIX, Inc. shows that the average American spends around 100 hours on the road each year.

Major metropolitan areas like Boston, Chicago, and Philadelphia topped the list for most hours lost to traffic jams. But that doesn’t leave South Carolina in the clear. Although the roads may not be as congested as other cities, the southeast was the only region to see an increase in traffic deaths between 2018 and 2019, according to data from the National Highway Traffic Safety Administration (NHTSA). There was a two percent increase in traffic deaths in the region, which includes South Carolina, during that time period.

Individuals who have been hurt in a vehicle crash in South Carolina could be entitled to seek compensation for their medical expenses, lost income, pain and suffering, and other damages through a personal injury claim. The best way to find out whether you have a case is by talking with a knowledgeable South Carolina car accident attorney.

Reach out to Stewart Law Offices today. With five offices throughout the Carolinas, our tough legal team will listen to your story, outline your legal options, and represent you aggressively before the insurance companies. We are committed to obtaining the best possible results for you and your family, whether it’s at the settlement table or during trial.

Ready to learn more? Call or contact us for a free consultation today.

South Carolina Traffic Statistics

The statistics about car accidents in South Carolina are certainly disturbing. Consider the most recent figures from the S.C. Department of Public Safety:

  • There is one accident every 3.7 minutes in the Palmetto State.
  • Someone dies in a collision every 9 hours.
  • Every 9 minutes, someone is injured in an auto accident.
  • A drunk driving accident occurs every 28 minutes.
  • By far, speeding and failing to yield the right of way accounts for the majority of crashes in South Carolina.

Given these numbers, it comes as no surprise that South Carolina has consistently ranked near the top of the list for having some of the nation’s worst drivers in several surveys.

Injured in a Wreck? Contact an Experienced SC Car Accident Lawyer Now

If you or a loved one was injured or killed in a crash caused by someone else, get Stewart Law Offices on your side. Our experienced South Carolina car accident attorneys will demand maximum compensation for your injuries and losses.

Stewart Law Offices takes a personalized approach to every case. You’ll never feel alone with us working on your case. To find out more about how we can help, call or contact us today for a free, no-obligation consultation.

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Thursday, June 11, 2020

How to Avoid Tractor Trailer Accidents [Updated June 2020]

Sharing the road with a tractor-trailer is a nerve-wracking experience for many drivers — and for good reason. A tractor-trailer can weigh up to 80,000 pounds, at least 30 times more than the average car. When crashes happen, the outlook for motorists in the smaller car is bleak. In fact, the vast majority of those injured and killed in U.S. truck accidents are the occupants of the other vehicle, not the tractor-trailer drivers.

The Federal Motor Carrier Safety Administration (FMCSA) reports that there were 4,237 fatal tractor-trailer accidents nationwide last year. There were 102,000 injury crashes. These figures are the highest they’ve been in a decade. For that reason, it’s never been more important to learn how to avoid tractor-trailer wrecks.

Tips for Avoiding Truck Accidents

Here’s what you need to know:

Stay out of the “No Zone”

There are several areas the drivers need to avoid when traveling alongside a commercial truck. These spots are called the “No Zone” and include:

  • Its blind spots: Two of the blind spots are on the side of the truck, just like a regular driver’s. The difference is that the truck’s blind spots are bigger, especially on the right side.
  • Directly behind the truck: Tractor-trailers have no rearview mirrors. That means that operators have no way of spotting motorists who are driving directly behind them, especially if they are following too closely. This increases the chances of deadly underride accidents if the truck has to brake suddenly.
  • Straight in front of the tractor-trailer: According to FMCSA, the operator of a fully-loaded truck driving in good conditions will need a distance the length of two football fields to stop. Driving directly in front of the truck puts motorists at risk of serious override accidents if they need to hit the brakes in an emergency.

Don’t Make Sudden Lane Changes

Due to a tractor-trailer’s sizeable blind spots, you need to drive predictably. Don’t weave in and out of traffic. When making lane changes, be sure to use your turn signal and wait a few seconds to give the trucker enough time to see you.

In addition, you should allow extra space between your car and the tractor-trailer. Where the two-second rule might be enough time to respond to an unexpected circumstance involving another car, it’s a good idea to allow five to eight seconds between your vehicle and a tractor-trailer.

Remember That Trucks Have a Wider Turning Radius

It’s not easy for trucks to make tight turns, especially on city streets. In some cases, the trucker may need to swing out wide in order to make the turn without striking another vehicle or riding on the sidewalk, putting both drivers and pedestrians at risk. Do your part to avoid a crash by not trying to zoom past a turning truck. Give the driver time to negotiate the turn carefully to keep everyone safe.

Injured in a Tractor-Trailer Accident?

Most truck drivers are responsible and do their best to avoid crashes. But sometimes, carelessness — either on the part of the trucker, truck driver, cargo loader, or another party — can lead to tractor-trailer accidents in South Carolina and North Carolina. If you were injured in a truck accident, it’s important to get advice from a skilled truck accident attorney.

Talk to Stewart Law Offices today. Our hardworking lawyers have years of experience representing people who have been harmed or lost a family member in truck accidents in the Carolinas. If you’ve been hurt, you can count on our law firm to push for full and fair compensation for your losses.

Call or contact us today for a free consultation.

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Wednesday, June 10, 2020

Distracted Driving — Still a Killer Across the United States [Updated June 2020]

For years, there has been a concerted effort nationwide to curb distracted driving. But despite aggressive campaigns to deter motorists, about 1 in 4 crashes in the U.S. is caused a distracted driver. More than eight people in the U.S. are killed in distracted driving accidents every day, according to the South Carolina Department of Insurance.

The advent of cell phones has been a blessing and a curse. It’s a convenience and even a safety tool if a breakdown or car accident occurs. However, safe driving requires your full attention. Texting, reading emails, and talking to others on the phone can turn deadly in an instant.

Unfortunately, many individuals share the mistaken belief that they can focus on the road and their phones simultaneously. Not so. As the National Safety Council (NSC) puts it, “multitasking is a myth.”

Why? Studies show the human brain cannot manage several activities at once. Instead, it simply switches focus from one activity to another in quick succession. In other words, your full concentration is not on the road if you’re using your cell phone while driving.

Another sad reality is that distracted driving accidents are likely underreported. Unless a driver admits to it or a witness observed it, law enforcement may have a hard time determining if it is a contributing factor in a wreck. However, if you pursue a personal injury claim against the at-fault driver, an attorney can subpoena cell phone records to provide evidence of distraction at the time of the wreck.

Were you injured in a distracted driving crash in South Carolina or North Carolina? Find out whether you have a case by contacting an experienced distracted driving lawyer at Stewart Law Offices. Call or contact us for a free consultation today.

What is Distracted Driving?

Distracted driving is any activity that takes a driver’s attention off the road. It can come in many forms. Beyond cell phone use, eating, drinking, grooming, talking to passengers, attending to children in the backseat, and adjusting the radio or GPS are all examples of distracted driving.

Distracted driving is a threat because it diverts attention in three ways:

  • Visual: Texting, reading an email, or typing in a phone number can take the driver’s eyes off the road for at least five seconds. When driving at 55 miles per hour, that’s enough time to cover the length of a football field.
  • Manual: Anything that takes a driver’s hands off the steering wheel is a manual distraction.
  • Cognitive: Formulating a response to a text requires brainpower. A study from the NSC says that drivers have a tendency to “look but not see” when their brains are occupied elsewhere. Researchers found that drivers missed about 50 percent of information about their driving environment when talking on a cell phone, regardless of whether the device was handheld or hands-free.

Hurt by a Distracted Driver? Get Help Now

If you or a loved one was harmed in a distracted driving accident, you shouldn’t have to pay for medical bills and other financial burdens resulting from the wreck. Compensation is possible, and you should pursue it with the help of a tough and proven distracted driving lawyer.

Let Stewart Law Offices help. Our legal team has represented clients in South Carolina and North Carolina for 30 years. We have the knowledge, experience, and resources to handle complex cases like distracted driving crashes.

Call us or reach out to us online today for a free case review.

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Top 6 Summertime Driving Hazards [Updated June 2020]

Summer vacation season is upon us. While this has been a difficult year for everyone due to COVID-19 restrictions, it’s expected that many people will hitting the roads for vacation as more states reopen. For that reason, the personal injury attorneys at Stewart Law Offices want to post some reminders about driving safety hazards that often pop up in the summer months.

More Bicyclists and Motorcycles

The warm weather encourages many people to abandon their cars and take to the roads on bicycles and motorcycles. It’s important to remember that bikes and motorcycles are less visible on the roads. Drivers need to be especially careful when checking their blind spots. Similarly, bicyclists need to remember to stay in bike lanes when available and motorcyclists must be sure to drive predictably. The law states that cyclists and bikers have the same rights as drivers on the road. If someone acts negligently and causes a crash that injures someone else, he or she can be held accountable through a personal injury claim.

Extra Traffic

South Carolina and North Carolina roads have been quieter during the pandemic, but expect for traffic to build again as families embark on road trips. Beware of speeding and erratic drivers. Remember to keep your own driving in check by obeying posted speed limits, putting away the cell phone, and staying aware of your surroundings.

Tire Blowouts

Pavement gets hot in summer. The heat causes the air in tires to expand, and the friction of the moving tire on the roadway only increases the temperature more. Make sure to check your tires for wear and tear before hitting the road. Balding tires are more prone to blowouts, which endangers everyone.

More Construction Zones

Construction picks up in summer to repair roads damaged by poor winter weather. That means you’ll see more work zones in your area, along with the equipment that goes along with them. Construction workers will be on the road’s edge, sometimes crouched in holes that will make them difficult to see. You may need to navigate around narrowed roads, concrete barriers, cones, and heavy machinery at the same time, so it’s important to slow down and stay watchful.

Drunk Drivers

Intoxicated drivers are around at any time of the year, but summer sees holidays like the Fourth of July and Labor Day where people are more inclined to drink heavily. Backyard barbecues and the beach are also places where people tend to drink more frequently. If you’re planning on drinking, make sure to have a designated driver or rideshare lined up so that you can get home safely and protect others.

Teen Drivers

With school out for summer, it’s likely that teenagers will be on the roads more frequently. Teens are more likely to be injured and killed in car accidents compared to any other age group. That’s mostly due to their inexperience behind the wheel, but studies also show that their newfound independence gives teens a sense of invincibility that makes them more likely to engage in risky behaviors.

Hurt in a Summertime Car Wreck? Talk to an Auto Accident Lawyer Now

If you’ve been in a crash in the Carolinas, it’s wise to speak with an experienced car accident attorney to learn your legal options. You may be entitled to compensation to help cover the costs of medical bills, lost income, pain and suffering, and other losses.

Stewart Law Offices is available to help you 24/7. Call or contact us today for a free consultation.

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Friday, May 29, 2020

Talcum Powder Ovarian Cancer Lawsuits

Talcum powder is a product made from talc, a mineral comprised of magnesium, silicone, and oxygen. More commonly known as baby powder, it has been sold worldwide for decades. But while talcum powder has been popular for its drying properties and ability to prevent rashes, it has also been linked to ovarian cancer.

Nearly 20,000 lawsuits have been filed against Johnson & Johnson (J&J), alleging that its talcum powder products caused cancer in women. Talc is obtained from mines, some of which also contain asbestos, a known carcinogen.

Although J&J strongly denies the allegations that its baby powder is unsafe, it pulled its talc-based powders from the North American market in May, citing a decreased demand.

Were you diagnosed with ovarian cancer after years of using talcum powder? If so, you could be entitled to compensation. Contact the talcum powder lawyers at Stewart Law Offices today for a free consultation. Our dedicated legal team has successfully represented injured people throughout South Carolina and North Carolina for 30 years.

What is a Talcum Powder Lawsuit?

The talcum powder lawsuits currently pending against J&J allege that the company knew that its talc products had an increased risk of causing cancer in the reproductive system, but didn’t inform the public of the hazard.

Talc particles are microscopic. When applied to the genital area, it’s believed that the particles enter through the vagina and migrate through the fallopian tubes and uterus to the ovaries. Once there, the particles get lodged in the ovarian tissue. Over time, the talc irritates the tissues and causes DNA mutations, causing cancer.

The first talcum powder lawsuit was won in 2013. Since that time, J&J has been ordered to pay billions of dollars to women who claimed the talcum powder caused their cancer.

Proving Fault in a Talcum Powder Lawsuit

Cases involving talcum powder are complex. An experienced defective products attorney can help determine whether you have a case.

To win a talcum powder lawsuit, you will need to provide convincing evidence that the product caused your cancer. Factors that must be considered include:

  • Was your baby powder made from talc? J&J also sells a cornstarch-based form of baby powder.
  • How long did you use talcum powder? Cancer develops slowly. If you only used talcum powder sporadically, it will be much harder to prove that it caused your cancer compared to a woman who used it daily for 30 years.
  • Do you have ovarian cancer? Medical records can establish a diagnosis of the disease.
  • Did you use talcum powder made by other manufacturers? J&J is not the only maker of talcum powder products. If you used drugstore-brand baby powder or other talc-based powders along with J&J’s, it could be challenging to definitively show that one particular manufacturer is to blame for your cancer.
  • Did talcum powder cause your ovarian cancer? This will be the biggest hurdle to overcome. Many studies have pointed to a connection between talc and cancer. Other research has discounted these findings. The International Agency of Research on Cancer (IARC) has classified genital use of talcum powder as a “possible carcinogen to humans.” To win your case, your talcum powder lawyer will need to show that your baby powder use more likely than not caused your ovarian cancer.

States have different statutes of limitations, or deadlines, for when a talcum powder lawsuit must be filed. Our lawyers can help determine the statute of limitations in your case and whether you have a valid claim for compensation.

Not Sure If You Have a Talcum Powder Lawsuit? Contact Us Today

For more information about talcum powder lawsuits in North Carolina and South Carolina, call Stewart Law Offices today for a free consultation. With five offices throughout the Carolinas, our compassionate personal injury attorneys can meet with you wherever is most convenient for you.

Contact us now to get started.

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Thursday, May 14, 2020

Tips for Driving in Bad Weather

South Carolina is no stranger to bad weather. Thunderstorms and lightning strikes are common in the Palmetto State, and both Carolinas unfortunately fall prey to hurricanes, tropical storms, hail and tornadoes. It’s an uncontrollable recipe for road disaster.

Bad weather makes for dangerous driving. According to the Federal Highway Administration, nearly 5,000 people are killed and more than 418,000 people are injured in weather-related traffic collisions every year.

Although weather is a contributing factor in many vehicle accidents, the drivers involved in them may still be found negligent depending on the facts of the case. If you were injured in a bad-weather crash, it’s a good idea to talk with an experienced South Carolina car accident attorney to learn about what types of compensation may be available to help with your medical expenses and other losses. Call or contact Stewart Law Offices right away for a free consultation.

Safety Tips for Driving in Bad Weather

It’s important to learn how to drive defensively in inclement weather. Around 11 percent of accidents in South Carolina occur when the weather is poor, according to the S.C. Department for Public Safety.

Here are some safety tips for driving in bad weather:

  • Slow down on wet roads.
  • Increase your following distance, as it may take longer to stop on slick or slippery surfaces.
  • Use your headlights in rainy weather and at night.
  • Be aware of your surroundings. Stormy conditions can make visibility scarce, so you need to scan the road to note if drivers have stopped, skidded, or crashed.
  • Avoid large puddles if you can.
  • Keep your windshield wipers well maintained, and use them. Also check that you have enough wiper fluid to clear any mud or debris that might disrupt your view during a storm.
  • Check your tires. Balding tires will not have as much traction in bad weather, which can lead to vehicle accidents caused by hydroplaning.
  • If you ever feel unsafe, pull off the road to a safe location and wait until the weather passes.

What to Do if You are Injured in a Weather-Related Car Accident

Taking certain steps after a weather-related crash can help protect any future legal claim that you might make. These include:

  • Seek medical attention as soon as possible. Call 911 if the injuries are urgent. If not, you should still get checked by a doctor promptly to rule out any undetected injuries.
  • Report the accident to the police. Law enforcement officers usually show up at weather-related crash scenes. If not, make sure to file an accident report.
  • Exchange contact and insurance information. Make sure to obtain information from every driver involved in the wreck, as well as the names and contact information for any witnesses.
  • Document the scene. Take photos of all accident-related evidence including damage to the vehicles involved, your injuries, and especially the environmental conditions. Video can help document damaging winds that may have contributed to the wreck.
  • Contact Stewart Law Offices. Our tough attorneys can take over all communications with the insurance company and negotiate for a full and fair car accident settlement on your behalf.

How Can Stewart Law Offices Help Me?

Injured in a weather-related car accident in South Carolina? At Stewart Law Offices, our legal team can investigate the crash, identify all liable parties, and fight for the compensation you are owed.

Your first step is to arrange a free consultation with one of our diligent car accident lawyers. With five offices throughout South Carolina and North Carolina, an attorney from Stewart Law Offices can meet with you wherever you feel most comfortable.

Call or contact us today to get started.

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Wednesday, May 13, 2020

What Is Carpal Tunnel Syndrome?

Carpal tunnel syndrome (CTS) occurs when the nerve that travels from the palm side of the wrist is compressed, or pinched. This nerve — also known as the median nerve — travels through an area called the carpal tunnel.

Carpal tunnel syndrome typically causes numbness, burning pain, and tingling in the hand and wrist. It may also cause numbness and tingling in the thumb, index, and middle finger. People with CTS sometimes report weakness in the affected hand and swollen fingers.

In a workers’ compensation claim, carpal tunnel syndrome would fall under the category of a repetitive motion injury. These types of injuries occur through continual use of the arms and wrists while performing the duties of your job. In South Carolina, you can obtain workers’ compensation benefits for carpal tunnel syndrome as long as you can prove the condition is work-related. However, it’s not always easy to convince an employer’s insurance company to pay workers’ comp for carpal tunnel syndrome.

If you’re struggling to obtain workers’ compensation for carpal tunnel syndrome, contact Stewart Law Offices today. Our team of highly qualified South Carolina workers’ comp attorneys can help prepare your claim and fight for the benefits you deserve.

Call or contact us today for a free consultation.

Common Causes of Carpal Tunnel Syndrome

According to the Mayo Clinic, any activity that puts pressure on the median nerve can lead to carpal tunnel syndrome. That is what makes it a tricky workers’ compensation claim. You must show that the injury is directly related to work, not to other medical conditions or daily life activities.

Common causes of CTS include:

  • A wrist injury
  • Pre-existing diagnosis of arthritis or diabetes
  • Fluid retention caused by pregnancy or menopause
  • Hypothyroidism
  • A cyst or tumor in the carpal tunnel
  • Repetitive use of the wrist

Sometimes, a person can have several risk factors that, in combination, result in carpal tunnel syndrome. An experienced workers’ compensation attorney at Stewart Law Offices can help collect the necessary evidence to show why your claim should be paid fully and fairly.

What Is a Repetitive Motion Claim in Workers’ Compensation?

Many occupations involve repetitive hand and wrist motions that could lead to carpal tunnel syndrome. These include:

  • Assembly line workers
  • Machinists
  • Construction workers
  • Farmers
  • Landscapers
  • Office workers
  • Data entry specialists

Workers’ compensation benefits for carpal tunnel syndrome can include payment for medical treatment and a portion of your lost wages. You may also be eligible for permanent disability benefits depending on the severity of your repetitive stress injury.

Making a Workers’ Comp Claim for Carpal Tunnel Syndrome

South Carolina workers only have 90 days from the time CTS first requires medical care or begins to interfere with the worker’s ability to perform his/her job to make a carpal tunnel claim. Before getting started, it’s recommended to speak with an attorney about the requirements and procedures for handling these complex claims.

Successfully linking your work activities to your diagnosis will be essential in order to be awarded workers’ compensation benefits. To do that, you will need substantial medical evidence.

A doctor will conduct an exam to confirm the diagnosis of carpal tunnel syndrome. He or she will then take a detailed history of your specific job activities to show how they contributed to your injury. The physician will also determine whether your condition is permanent or not.

This testimony, combined with other information collected by your attorney, can help build a strong case for workers’ compensation in South Carolina.

How Stewart Law Offices Can Help You

The attorneys at Stewart Law Offices can guide you through the entire process of filing a workers’ compensation claim. We understand that your livelihood may be at stake and will leave no stone unturned as we put together a claim that shows why you deserve compensation.

Call or contact us now to arrange your free, no-obligation consultation.

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