Tuesday, December 27, 2022

How Can I Throw a Safe Holiday Party?

For many of us, festive gatherings with friends, family, and co-workers are one of the highlights of the holiday season. But any holiday party can become a disaster if the host lets guests overindulge, spread seasonal illnesses, or drink and drive. Here are some key safety tips to remember if you plan to throw a party this holiday season.

Relatives vs. Corporate Parties

Your approach to party planning should look very different if you’re planning to host your friends and family versus your employees. As a social host inviting guests into your home, you will need to consider topics such as menu options and how to make your house reasonably safe for visitors. If you’re a business owner throwing a corporate bash, you will need to think more about your liability for accidents and might even consider asking attendees to sign waivers. You will also want to check with employment laws and ensure you are not violating any harassment or wage laws.

Non-Alcoholic Options

Drunk driving auto accidents are more common during the holidays when people celebrate by drinking. One way to keep your holiday party safer is by investing in non-alcoholic drink options for guests, including mocktails and non-alcoholic beer. If boozy drinks feel like a must, try serving only beer and wine, handing out drink tickets, or cutting off the bar after one or two hours.

Rideshare Cards/Codes

If your guests will be drinking, consider providing them with rideshare cards or codes so they have a safe way to get home after the party. Popular rideshare services like Uber and Lyft offer event transportation vouchers that are flexible and convenient. COVID-Related Hygiene

The COVID-19 pandemic might feel like a thing of the past, but new infections and fatalities are still occurring daily. Keep your partygoers safe and healthy by focusing on cleanliness, limiting party attendance, spreading out in different zones, instituting temperature screenings, and encouraging invitees to stay home if they feel unwell. Also, consider hosting several smaller departmental parties rather than one big company-wide party.

Food

Providing your guests with healthy, high-quality food will prevent drinking on empty stomachs and give everyone something non-alcoholic to focus on. Remember that salty and greasy foods make you thirsty and more likely to over-indulge, so supply a steady flow of options like lean meats, cheeses, and veggie trays with dips. Also, be sure you keep foods at the correct temperatures to avoid foodborne illnesses.

Activities

Your guests are less likely to drink excessively if they have fun and engaging activities to distract them. When you make your holiday party plans, consider the preferences of your invitees and organize functions you know they will enjoy, like games, raffle drawings, or trivia contests. Avoid activities or decorations that might encourage inappropriate behaviors, such as hanging mistletoe.

Legal Obligations as the Host

If you provide alcohol as a social host in South Carolina, you could be liable if an intoxicated guest goes on to injure someone else. Be especially careful if you are hosting minors at your holiday get-together. You will also need to check for possible hazards and correct them to avoid premises liability accidents.

If You Do Get into a Car Accident…

If you or someone you love is hurt in a car accident after a get-together this holiday season, contact the DUI accident lawyers at Stewart Law Offices. We can review your situation and explain your legal options during a free initial consultation with a South Carolina car accident lawyer.

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Monday, December 19, 2022

Accident With a Drunk Driver? Know Your Legal Options

If you were recently involved in a car accident in South Carolina caused by a drunk driver, you are probably confused about your rights and next steps.  An experienced South Carolina drunk driving accident lawyer can explain your options for seeking justice when you call for a free case review. 

Types of Expenses that Need Covering

Drunk driving accidents often leave victims with severe injuries that have wide-ranging consequences. Many accident victims incur considerable expenses for the following types of medical care:

  • Ambulance rides and other emergency response services
  • Inpatient and outpatient visits to hospitals and urgent care clinics
  • Follow-up visits with general practitioners or specialists
  • Physical therapy sessions and mental health counseling
  • Surgeries, diagnostic tests, and other specialized procedures
  • Prescription drugs and over-the-counter (OTC) medications
  • Durable medical equipment (DME), like wheelchairs and walkers

Additionally, accident victims can pursue compensation for the cost to repair or replace their vehicle, lost wages, and their pain and suffering.

 

Short- and Long-Term Injuries Caused by Drunk Driving Accidents

The initial damage of a drunk driving accident is often due to blunt force trauma or penetrating wounds. Additionally, many victims experience intense bending, twisting, and crushing forces that can cause additional injuries. Common short- and long-term injuries from alcohol-related car accidents include:

 

  • Head and neck injuries
  • Facial and dental injuries
  • Traumatic brain injuries (TBIs)
  • Back and shoulder injuries
  • Spinal cord injuries (SCIs), including partial or total paralysis
  • Abdominal and internal injuries
  • Arm, elbow, wrist, and hand injuries
  • Dislocated or broken bones
  • Seatbelt and airbag injuries
  • Permanent scarring and disfigurement
  • Amputation 
  • Soft tissue strains, sprains, and tears
  • Leg, knee, ankle, and foot injuries
  • “Road rash” and other burn injuries
  • Emotional and psychological injuries, including post-traumatic stress disorder (PTSD)

 

Legal Options Following an Accident with a Drunk Driver

As you can expect with common injuries like those listed above, the medical expenses stemming from a drunk driving accident can be significant. You may have various legal options to try to cover these expenses depending on the circumstances and the insurance coverage available. Some of your options may include the following:

  • Filing a claim with your own insurer – If you have MedPay and collision insurance, you might choose to file a claim with your own insurer for your medical expenses and vehicle repairs, respectively. If the drunk driver did not have insurance or enough insurance to cover your damages, you could make a claim with your uninsured (UI) or underinsured (UIM) coverage.
  • Filing a claim with the drunk driver’s insurer – If a drunk driver was responsible for the crash that injured you, filing a claim with their insurance provider is probably the most straightforward way of recovering compensation for the injuries you have suffered. An experienced drunk driving accident lawyer can help negotiate a fair settlement on your behalf. 
  • Filing a lawsuit against the drunk driver – If you cannot resolve your claim through an out-of-court settlement, you could file a lawsuit against the drunk driver. If your damages exceed the amount of the drunk driver’s insurance coverage, you would have to try to recover compensation directly from the impaired driver. 
  • Filing a claim against a third party – There are times when a third party may be held responsible for an accident caused by a drunk driver, such as if a bar or social host served alcohol to an impaired driver or minor. 

Your personal injury lawyer can help you determine the options that are available in your case. 

 

Evidence Needed to Prove Fault

South Carolina follows a fault-based system for auto insurance, which means you have the right to file an insurance claim against the driver responsible for causing the accident, including a drunk driver that crashes into you. However, before you can collect compensation for your claim, you must prove the drunk driver was at fault for the collision by presenting evidence such as:

 

  • Photos of the accident scene and vehicle damage
  • Video footage of the collision from nearby security or traffic cameras
  • Statements from witnesses who saw the crash
  • Official accident reports prepared by the police
  • Breathalyzer tests and toxicology reports
  • Testimony from experts like medical professionals and crash reconstruction experts

 

Statute of Limitations

South Carolina’s statute of limitations gives you three years from the date of the accident to file a personal injury claim against the drunk driver. A knowledgeable South Carolina drunk driving car accident lawyer can help you avoid any issues with the statute of limitations by timely filing your claim and aggressively pursuing compensation during negotiations. 

 

Should I Contact Legal Help?

Yes. If you sustained injuries in a drunk driving accident, you should contact a South Carolina car accident lawyer for legal help as soon as possible. Much is at stake. You shouldn’t be left paying for your crash-related losses out of pocket. 

You can count on Stewart Law Offices to thoroughly investigate your claim and identify all possible sources of compensation. Contact our firm today to discuss the details of your South Carolina car accident case in a free initial consultation session with a drunk driving accident lawyer.

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Will Your Holiday Vacation/Travel Affect Your Workers’ Compensation?

If you sustained an occupational injury or illness that keeps you from working during the holidays, the resulting time off might seem like an excellent opportunity for a vacation. However, if you are currently drawing workers’ compensation benefits, consider how a vacation could affect your benefits before making any plans.

Risks of Taking Vacation While on Workers’ Compensation

Scheduling a holiday vacation while you are collecting workers’ compensation benefits in North or South Carolina could put your workers’ comp at risk because:

  • The insurance company could question the severity of your injuries or insist that your ability to travel is proof you can work.
  • Missing or rescheduling medical appointments related to your work injury could jeopardize your health and your workers’ comp claim.
  • Maintaining medical care may be difficult while on vacation.
  • Traveling long distances to go on vacation or participating in strenuous activities like hiking, swimming, or skiing might go against your doctor’s advice.
  • Your insurer might send an investigator to your vacation destination to gather evidence to use against you, such as photos of you doing activities that appear too taxing for your condition.

What Not to Do During Vacation While on Workers’ Comp

Insurance companies have been known to keep a close eye on workers’ comp recipients who go on vacation because they don’t want to pay out any benefits they don’t have to. If you decide to go on vacation while drawing workers’ comp, consider these practical tips:

  • Do not schedule your holiday vacation in a faraway place. The less time you spend cramped up in a car or airplane during your recovery, the better.
  • Do not skip any doctor’s office visits, physical therapy sessions, or other medical appointments related to your work injury to go on vacation.
  • Do not participate in any vacation activities that go against your doctor’s orders.
  • Do not post vacation photos or stories on social media. The insurance company can use any information that is publicly available against you.

How to Remain Eligible for Workers’ Comp While on Vacation

Here are some tips to keep in mind to protect your benefits while on vacation:

  • Plan a vacation that’s not too far from home. Consider a holiday “staycation,” in which you engage in relaxing leisure activities close to home.
  • Enjoy low-key vacation activities that don’t strain or stress your body.
  • Avoid posting photos or information about your vacation online for others to see.
  • Schedule your vacation so that you do not miss any medical appointments.
  • Follow your doctor’s care plan even while you are away on vacation.
  • Consult a knowledgeable attorney for advice before you make your plans

Contact Stewart Law Offices for Help with Your Claim

If you are considering going on vacation while you are receiving workers’ compensation, consult a knowledgeable attorney for advice. The workers’ comp lawyers at Stewart Law Offices can review your case and provide the guidance you need. Contact us today for a free consultation.

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