Myrtle Beach Personal Injury Attorney

Shots Fired at Myrtle Beach Nightclub

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According to the Myrtle Beach police, two groups of people were arguing inside Kono Lounge, and security escorted the groups outside. However, they continued to argue in the parking lot and witnesses reported hearing shots fired in the parking lot. No one was hurt and no one saw the shooter, however, shell casing were found in the parking lot.

Altercations often occur at nightclubs, and may result in injury. In this case, if the shooter had injured someone, he could have been charged with attempted murder, assault and battery with intent to kill, possession of a firearm, and assault and battery of a high and aggravated nature. Even though nobody was hurt in this case, the shooter could also have been charged with pointing and presenting a firearm, discharging a firearm in public and disorderly conduct. It would be important to contact a criminal lawyer in Myrtle Beach, as these charges are serious.

The shooter may also be sued in a civil action as well for battery, assault or intentional infliction of emotional distress. The bar may also be liable for negligent security. The bar may also incur liability of it can be proven by a personal injury lawyer in Myrtle Beach that the bar was aware the shooter was drunk an continued to serve him alcohol.

In order to prove battery, a personal injury attorney in Myrtle Beach would have to prove that a harmful or offensive touching occurred. Unlike assault, actual contact must be shown to prove battery. Assault is the causing of reasonable apprehension of an immediate harm or offense contact to the person of another. For assault, a person needs to show intent and the resulting apprehension.

Under these facts, a Myrtle Beach personal injury lawyer in South Carolina may prove negligent security by showing that the owner of the premises (the bar) could foresee the possibility of an attack occurring on the property. Negligent security can also be shown by showing that there was a failure to properly protect guests on the property, and is a common action against hotels, apartments, condos and amusement parks.

If you have questions about assault, battery or negligent security, contact the the Mace Firm, we have attorneys in Myrtle Beach who practice criminal law and personal injury.

Two-Car Crash in Myrtle Beach Area

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Another deadly car accident occurred in Myrtle Beach, SC over the weekend. One man was killed and another is charged with felony DUI. The accident occurred near the Pirateland Campground on U.S. 17 Business in Myrtle Beach. The crash happened when a Jeep Grand Cherokee crossed the grass median from the northbound lane and collided head-on with a van in the southbound lane. The van had five passengers according to reports, and one of those passengers was killed.

This is a tragic accident and it appears that underage drinking played a key role. The driver of the Jeep Cherokee was underage and was allegedly intoxicated at the time of the accident. He is in a great deal of trouble and will need an experienced criminal defense lawyer in Myrtle Beach to defend him. However, he will likely go to jail for quite some time since another person was killed in the accident.

The victim’s families may also sue the driver civilly and will need to hire a wrongful death attorney in Myrtle Beach, SC to assist them. Another legal action is known as Dram Shop Liability, which basically states that those individuals who make a profit from the sale of alcohol are accountable for the injuries and death resulting from the irresponsible selling of alcoholic beverages. It is unknown at this time at what location the driver of the vehicle purchased alcohol or where he consumed alcoholic beverages, which will be important information that must be discovered by the victim’s family’s wrongful death attorney in Myrtle Beach, SC in they wish to pursue a claim under Dram Shop Liability.

The other passengers in the van that were injured will also likely hire accident attorneys located in Myrtle Beach, SC to assist them with recovering monetary damages for their pain and suffering.

Pain and Suffering in Personal Injury Cases

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Pain and suffering has long been recognized by South Carolina courts to be a compensable element of damages. Damages for pain and suffering are unliquidated and indeterminate in character and the assessment of unliquidated damages must rest in the sound discretion of the jury, controlled by the discretionary power of the trial judge. Pain and suffering have no market price. They are not capable of being exactly and accurately determined, and there is no fixed rule or standard whereby damages for them can be measured. Hence, the amount of damages to be awarded for pain and suffering must be left to the judgment of the jury, subject only to correction by the courts for abuse.

Damages for pain and suffering, which are the proximate cause of the defendant’s conduct, are awarded to a plaintiff as an element of actual damages and are compensatory in nature as opposed to exemplary or punitive. They are meant to compensate the plaintiff for physical discomfort and emotional response to the sensation of pain caused by the injury itself. A pain and suffering award may only be made for conscious pain and suffering. The plaintiff bears the burden of establishing he or she was conscious during the pain and suffering.

In deciding an award of damages for pain and suffering, the jury may include such damage for pain and suffering as it is reasonably certain will of necessity result in the future from the injury. There is no definite standard by which the jury must determine the amount of an award for pain and suffering. Drawing a comparison to prior awards for pain and suffering offers little guidance as any two cases are seldom, if ever alike. Thus, the jury has authority to award any amount it finds just and reasonable in light of the testimony and the evidence. The South Carolina Supreme Court has disallowed any jury instruction that suggests future pain and suffering does not have to be reasonably certain to occur. However, a liberal damages award will stand unless one can show it was out of caprice, passion, or prejudice.

The plaintiff’s attorney may use a per diem formula for illustrative purposes only to assist the jury in determining an award of pain and suffering. However, the personal injury attorney must be explicit in pointing out that only the jury can determine a monetary value for pain and suffering, and the attorney cannot merely state his or her opinion as to the proper amount of an award. Further, there must be some foundation in evidence to support the attorney’s per diem formula.

Federal courts dealing with the issue of whether pain and suffering awards should be discounted to present value have determined they should not be. While South Carolina courts have not discussed this issue, the district court in Rhodan v. United States predicted South Carolina courts would not discount future pain and suffering awards. Since that case was decided, state courts in South Carolina, without discussion, have routinely not discounted future pain and suffering awards to present value.

If you or someone you know has been injured and would like to know if you have a case for pain and suffering, please contact The Mace Firm to schedule a free consultation with one of our Myrtle Beach personal injury attorney. Our Myrtle Beach personal injury lawyers have experience with these types of cases; call today for a free consultation.

Myrtle Beach Woman Killed in Accident on 17 Bypass

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It has been reported that a Myrtle Beach woman driving a dodge van was killed in a two-car accident on Monday on the 17 bypass when attempting to cross the highway. Her vehicle collided with a jeep. Police have determined that the driver of the Dodge was at fault and both drivers were wearing their seat belts. South Carolina Highway Patrol is still investigating the accident.

This is a horrible and tragic event; South Carolina highways once again prove to be very dangerous. Auto accidents are common in Myrtle Beach, especially in the summer months and can be unavoidable. However, there are many potential causes of an auto accident, including driver inattention, speeding, drinking, drug use, improper vehicle maintenance, defective products, and tires. Auto accident litigation is based on negligence.

Negligence is the failure to exercise the care that a reasonably prudent person would exercise in similar circumstances. It is harm caused by carelessness and does not involve intentional harm. In order to make an allegation of negligence, a personal injury lawyer in Myrtle Beach must show there was a duty owed to the injured party, that this duty was breached, causation, meaning the act or failure to act was the proximate cause and that the injured party has damages.

If you or a loved one is involved in an accident, contact an injury lawyer in Myrtle Beach. Auto accident attorneys help victims and their families recover compensation for their injuries, including the payment on medical bills and compensation for pain and suffering.

It is important to contact an experienced Myrtle Beach accident attorney to ensure that you receive the full amount that you are owed to make a complete recovery. Without the help of a well-qualified accident attorney, you may be fighting with an insurance company and may not receive the compensation that you are owed.

Colorado Murders may now have Civil Lawsuits Filed

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There could be several lawsuits filed against the movie theater for the death and injury of friends and family for the shooting.  While any lawsuit at this point would not have a good legal basis while the facts are still being developed, that is not to say that the victims will not go forward with the litigation.  The main issue would be negligent security at the movie theater.  These type of cases usually involve a known danger and a preventable danger.  In this case it will be difficult to show that the theater could have prevent this horrible event, because there was not basis for them to suspect that such a catastrophic tragedy would occur.  Many negligent security cases involve fights, assaults and even murders.  However, the business owner has some notice that this could occur at their location and did nothing to ensure the safety of the business invitees.

A good personal injury lawyer will have the ability to determine whether a negligent security case can be brought based on the facts as they are now presented.  It is my opinion that any case will most likely be dismissed based on the facts that have been released by the police in Colorado.  There would have to be some basis for the case to withstand a challenge from any good law firm and fighting insurance companies is no easy task.  Many times the insurance company will make every effort to ensure that their case has an advantage and in doing so weaken a real plaintiffs case.  Frivolous lawsuits do occur and our guess would be that any lawsuit brought against the movie theater in this case will be dismissed.  Our negligent security attorneys are familiar with what needs to be alleged to win a negligent security case and from the information provided to date, these facts are not present in this case.

Hiring a good personal injury lawyer is important at many different levels.  First the lawyer should be able to inform you as to the type of case you may have and whether it is worth while to pursue into court.  Many lawyers will tell you that for case is great, but then refuse to file a lawsuit on your behalf.  This usually means the lawyer prefers not to go to court or that the case was never really that good to begin with.  You should always speak to at least two personal injury attorneys or two personal injury law firms prior to hiring anyone to represent you or a family member.  All lawyers have different opinions as to what a case may be worth or what to expect in the litigation.  Just as some lawyers never handle real estate or wills, some lawyers never handle wrongful death or catastrophic injury cases.  Each case is different and you will not know which personal injury lawyer is right for you until the case starts to progress.  Many times injury cases take years to either resolve or go to trial.  In the past decade mediation has become a requirement in most jurisdictions and ends up settling many cases.  Our personal injury lawyers in Myrtle Beach, SC are experienced in negligent security cases and wrongful death cases.  You may contact one of our Myrtle Beach lawyers at www.TheMaceFirm.com.

Deadly Accident on Highway 22 near Myrtle Beach

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Another person has died in an automobile related accident near Myrtle Beach.  This makes for one of the deadliest weeks in Myrtle Beach history.  In the past week more than 4 people have lost their lives due to automobile accidents.  This latest death was on Wednesday afternoon on Highway 22.  Our personal injury lawyer in Myrtle Beach was coming back from Columbia, SC and past the accident within an hour of it occurring.  It was a horrible accident and the pickup truck was still on scene.  Traffic was being  rerouted  by the South Carolina Highway Patrol at the exit prior to the accident.  The front end of the pickup truck was completely crushed and it appears from initial reports that the dump truck was experiencing problems.  The location of the accident was a clear stretch of road and there were no on or off ramps near the scene.  There should be a thorough investigation into the dump truck to determine what speed limit it was traveling at and whether there were emergency lights working on the truck at the time of the accident.

The dump truck involved in the accident should be considered a commercial vehicle and there should be some record of the maintenance and the driver’s record.  The MAIT team will do a thorough investigation to determine the cause of the accident.  Once this report is completed the family of the deceased driver should review it and make a decision about getting a lawyer in Myrtle Beach to represent the estate in this matter.

Our wrongful death attorneys in Myrtle Beach have represented families in this exact same situation and have extensive experience in wrongful death cases.  Call today to schedule your free consultation with a personal injury lawyer.

Deadly Week in Myrtle Beach

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This is turning into a very deadly week in Myrtle Beach. There have been several automobile accidents that have resulted in serious injuries and a couple of deaths.  The motorcycle accident that occurred over the weekend that resulted in the death of a biker was the beginning of a dangerous week.  The personal injury cases that will result from these accidents will be extensive.

First Accident this week:  Two motorcycles hit a van causing 1 death and 1 rider to be severely injured.  This is in Surfside Beach.

Second Accident this week: A bus from Williamsburg and a pickup truck collied on Highway 17 and the result was several injuries and 1 death to date.  In this case the initial reports are that the driver of the truck either was unable to stop or there was a problem with the truck.

Third Accident this week: This accident occurred on 48th Avenue North and Kings Highway.  One car was flipped over in the middle of Kings Highway.  The injuries for this accident are still under investigation.

Fourth Accident this week: A motorcycle rider was killed in a crash off of Highway 548 Tuesday afternoon.  This accident is still under investigation.

This past weekend was one of the deadliest in South Carolina.  There were 11 people  killed in South Carolina over the weekend.  So far this year over 292 car drivers have died.  This is a rather large number because South Carolina has a small population.

All of these victims and their families should speak to a good personal injury lawyer in South Carolina to evaluate any possible claims they may have.  These type of cases vary from wrongful death, product defect and driver negligence.  The process is not easy, but  good injury attorneys Myrtle Beach would be able to help with representation in these cases.  The process begins with the retaining of an attorney.  The attorney sends an investigator to get as much information as possible about the accident.  The following usually occurs during the first couple of months:

  • Contact law enforcement to get any reports
  • Serious injuries or death will require a MAIT report (takes months to completer)
  • Contact all insurance companies to set up claims
  • Interview all potential witnesses
  • Photograph all vehicles involved
  • After this initial investigation- Research insurance policies for individual companies
  • Contact hospitals and doctors regarding injuries and medical records for client
  • Get copies of all records

Case will then either be transferred to litigation department of law firm.  Preparation of the case for trial is very important in these early stages.  Our Injury Attorneys in Myrtle Beach are able to help with these type of cases.  Do not hesitate to call our injury attorneys in Myrtle Beach about your case today.