Columbia Personal Injury Lawyer - Miscellaneous

Black Friday Deals Abound

Pete Strom — Wed, 25 Nov 2009 09:18:54 GMT

Black Friday, love it or hate it, mystery always surrounds the deals to be found. Websites are already popping up giving us glimpses of what may be worth standing in line for this year.

If you are among those who will browse the ads on Thanksgiving Day to determine where to shop on Black Friday, please consider the following tips to reduce your chances of being a victim.

1. Parking: Pay attention to where you park and try to locate a spot that is close to the door or police substation if available. You don't want to come out of the store loaded down with presents and make yourself vulnerable by wandering through the parking lot. As an added tip, it may be helpful to place a magnet or sticker on your car so that when you come out and see 50 silver sedans, you can quickly identify which one is yours.

2. When coming out of a store, have your keys ready and in your hand. Don't risk being approached by a thief or carjacker because you are fumbling in your bag looking for your keys. In addition, you will have access to your panic button and your keys can be used as a weapon if necessary.

3. When you are out shopping, keep your gifts out of view, and your doors locked.

4. If you carry a purse, consider keeping your cell phone in your pocket. In the event that your purse is stolen, you will still have your phone to call for help.

5. Stay aware of your surroundings. It is very easy to get distracted and increase your chances of being a target. Remember texting and talking on your cell phone also increase your chance of being distracted.

6. Shop with a friend or family member instead of shopping alone, especially if you are shopping at night.

7. Avoid carrying large amounts of cash.

8. Dress comfortably. Although your new high heeled boots may be utra stylish, you do not want to wear anything that will restrict your movement. Don't forget about the rush of the crowds when the door opens.

9. Check to see if the deals you are after are available online. Many stores are honoring the same deals online for delivery and in store pick up.

10. Watch out for other drivers. Although you may be paying attention, the driver next to you may not be, and looking out for other drivers will decrease your chance of being in an accident.

Happy Thanksgiving, and for those of you braving the crowds, Happy Shopping.

Strom Law Firm is a personal injury and criminal defense law firm centrally located in Columbia, South Carolina. Our firm proudly handles personal injury, criminal defense, defective products, class actions, pharmaceutical liability, toxic torts, medical malpractice, nursing home neglect, workers compensation, social security, veteran's benefits, qui tam, predatory lending, tax investigations, business litigation, and wills and estates. Our lawyers proudly edit the Columbia, South Carolina Injury Board as well as the Strom Law Blog as a pro bono effort to provide the public valuable information. Our lawyers are licensed in: South Carolina, New York, and Georgia

Originally posted at InjuryBoard by Pete Strom

Federal Tax Credit Spurs Golf Cart Purchases

Pete Strom — Tue, 27 Oct 2009 21:47:51 GMT

Keeping up with the neighbors has a whole new meaning in light of Uncle Sam's generous Federal Tax Credit offered to those who purchase a qualifying electric golf cart on or before December 31, 2009.

The credit provides for between $2,500 and $7,500 depending upon the type of battery used in the LSV (low speed vehicle). Many states, including South Carolina, are offering an additional credit on top of the Federal Tax Credit making the deal even more enticing, and in some cases, practically free.

Although traditional golf carts are not actually covered by the credit, many of the models available look like golf carts, but are actually better equipped for jetting around your neighborhood complete with lights and rear view mirrors.

On average, they can go between 15 and 25 miles per hour and can travel between 30 and 40 miles before needing to be recharged.

There is no limit on the number of electric cars that one can buy, and to qualify you must purchase the vehicle on or before December 31, 2009.

The only caveat is that the LSV must be federally approved or it will not qualify for the credit. We have the list that tells you how to bring joy to your holiday season.

Originally posted at InjuryBoard by Pete Strom

Yaz Side Effects Spur Lawsuits

Pete Strom — Tue, 13 Oct 2009 10:31:58 GMT

We've all seen the catchy commercials that leave you thinking birth control will leave you without a care in the world.

http://www.youtube.com/watch?v=uCg1q0h1PP0

Oral birth control pills are the most popular birth control methods for females between the ages of 15 and 29.

Yaz, an oral contraceptive, whose sales greatly increased as a result of agressive marketing efforts, is the only birth control pill which contains drospirenone, or drsp, which impacts the body's normal regulation of balancing salt and water. This effect results in elevated potassium levels, known as kyperkalemia, known to case potentially live threatening heart problems and other health issues. Reported side effects include:

heart attacks
blood clots
strokes
cardiac arrhytmias
deep vein thrombosis (DVT)
pulmonary embolism (PE)
Gallbladder disease
Sudden death
live damage,
depression/emotional changes
migranes
high blood pressure
high cholesterol, as well as
signs of an allergic reaction including unexplained rashes, hives, itching, unexplained swelling, wheezing or difficulty breathing or swallowing.

Hundreds of lawsuits nationwide have been filed alleging that the company concealed health risks associated with the pill and lied about its effectiveness. In addition to the lawsuits, the the FDA issued a warning letter to Bayer stating that the ads overstated their safety to others and inaccurately claimed effectiveness in treating acne and premenstrual syndrome.

If you or someone you know has taken Yaz and suffered side effects, you should consider seeking legal help.

Strom Law Firm is a personal injury and criminal defense law firm centrally located in Columbia, South Carolina. Our firm proudly handles defective product claims. Our lawyers proudly edit the Columbia, South Carolina Injury Board as well as the Strom Law Blog as a pro bono effort to provide the public valuable information. Our lawyers are licensed in: South Carolina, New York, and Georgia.

Originally posted at InjuryBoard by Pete Strom

David Letterman Extortion

Pete Strom — Tue, 06 Oct 2009 14:26:18 GMT

David Letterman, John Travolta, Amy Polumbo, and Bill Cosby. What do these three, as well as many other celebrities, have in common? All have been victims of extortion or blackmail.

Millions of us watched David Letterman’s apology on the late show.

Threatening to accuse another of a crime, expose personal information or compelling another to act or refrain from doing any legal act against his will is illegal under both state and federal law.

South Carolina Statute § 16-17-640 defines blackmail as:

any person who verbally, by printing or writing, or by electronic communications:

accuses another of a crime or offense;
exposes or publishes any of another’s personal or business acts, infirmities, or failings; or
compels any person to do any act, or to refrain from doing any lawful act, against his will;
with the intent to extort money or any other thing of value and/or
attempting or threatening to do any of the above referenced acts with the intent to extort money or any other thing of value.

If convicted of blackmail or extortion, the offender may be forced to pay a five thousand dollar fine or imprisoned for up to ten years!

Over the years, we have talked to victims of blackmail and extortion, many of whom have been threatened and targeted for hush money, most typically by lovers.

We all know the options, you can go to the police, contact an attorney, comply with the demand to pay. Alternatively, just as Letterman did, you can contact the police and disclose the information.

The bigger question is whether to go to the police or to contact an attorney. As evidenced by the recent flurry of articles, opinions differ as to the best avenue to take, and it depends upon the situation. However, an attorney experienced in dealing with threats can help you weigh your options and best course of action confidentially. Some of the best managed threats you never hear about.

In the day and age of technology, one thing is clear, there are more and more avenues to disclose otherwise personal information, a fact that does not change the underlying threat, but broadens the reach of blackmail and extortion.

Originally posted at InjuryBoard by Pete Strom

Millions of Customers Likely Paid Too Much For Out of Network Health Care

Pete Strom — Fri, 17 Jul 2009 17:20:49 GMT

We all know the drill. Health insurance is expensive. Even if you are a portrait of health, and only visit your doctor one a year for preventative care, your premiums continue to go up year after year. Even with healthcare policies that we pay good money for, millions of Americans are still forced to step outside their health insurance company’s list of preferred providers to see an out-of- network physician or medical provider. In fact, statistics show that over 70% of Americans pay more for plans that allow them access to out of network providers. As we all know, our out-of-network access usually comes at a higher rate whether you pay a higher deductible, a higher percentage of the bill, or higher copayment.

If you are insured with an insurance company in South Carolina, Georgia, or North Carolina not only may you pay a higher percentage of the physician’s bill to see an out of network doctor, but what you may not realize is that your insurance company likely may not be reimbursing your claim as promised.

Although these insurers may claim to pay as much as 80% of the bill to see an out of network physician or medical provider, instead of picking up the remaining portion of the bill as promised, some insurance companies are reimbursing the physician at what they determine to be the “usual and customary cost” for such visit, not for their portion of the bill. Even worse, rather than figuring an average of what it costs for that specific type of care in your area, these insurance companies may be reimbursing based upon faulty data, leading you to be responsible for more than you bargained for. We are currently investigating claims that these insurance companies’ reimbursement rates are based upon faulty data and are extremely low, leaving you to pay more than promised. That means that millions of people in Georgia, South Carolina, and North Carolina, likely paid too much for out of network care.

Strom Law Firm, LLC, is investigating whether Blue Cross Blue Shield of South Carolina (BCBSSC), WellPoint Health in Georgia (WPH), or Blue Cross Blue Shield of North Carolina (BCBSNC) are engaged in this practice. If you or a loved one is currently insured with BCBSSC, WPH, or BSBSNC, and you believe that you have paid too much for out of network claims, contact an experienced insurance reimbursement fraud attorney.

watch

Originally posted at InjuryBoard by Pete Strom

Supreme Court Rules Strip Search Went Too Far

Pete Strom — Tue, 30 Jun 2009 15:37:48 GMT

Students have always faced potential criminal penalties for violating state laws involving illegal drugs and drug possession.

In efforts to keep the school drug free and prevent drug possession and drug abuse, many schools also impose strict punishment for students caught possessing drugs. Recently many schools have begun banning, and punishing, students in possession of legal drugs, including ibuprofen.

Are they going too far?

Student’s rights in public schools have been the topic of several lawsuits filed by parents who believe school officials have gone too far to prevent drug abuse, violating their children’s rights in the process.

Just two years ago, the United States Supreme Court ruled that it was reasonable for a principal to conclude that a banner reading “Bong Hits 4 Jesus” promoted illegal drug use, and that the school could suppress the student’s right to free speech in order to fight drug abuse.

On June 26, 2009, the Supreme Court ruled that a middle school’s strip search of a 13-year-old student, Savana Redding, who school officials believed possessed ibuprofen, yes ibuprofen, was unconstitutional and went too far.

Savana Redding’s backpack and outer clothing were searched by Assistant Principal Kerry Wilson (with consent) after another student in possession of several pills told school officials she had gotten them from Ms. Redding. When no drugs were found, Ms. Redding was escorted to the nurse’s office where two female school employees forced her to shake out her bra and panties to ensure nothing was hidden in her undergarments. No pills or other contraband were found.

While the court ruled the strip search was unconstitutional, the Court found that the initial search of her outer clothing and backpack was justified. Although the court found that school officials had reasonable suspicion to search Ms. Redding’s outer clothing and backpack, there was no reasonable suspicion to believe she had contraband hidden in her underwear. The Court further noted that Ms. Redding did not pose a threat of present danger to other students. Her experience was described as “embarrassing, frightening, and humiliating.”

Wondering what happened to the officials who ordered the search?

The Court found that because the initial search was authorized and the law regarding strip searches of students was not clearly established at the time the search was conducted that the Assistant Principal would not be liable. With this decision now on the books, it will be interesting to see how the Court applies this case in the future.

Originally posted at InjuryBoard by Pete Strom

Why Trial/Plaintiffs' Attorneys Aren't Just for "The Little Guy"

Amanda Wick — Thu, 12 Feb 2009 11:37:48 GMT

A common misconception I've come across is the idea that Trial Lawyers, or "Plaintiffs' Attorneys," as we're frequently called, only represent individual people that suffer personal injuries. While I'll admit that many trial lawyers I know do represent a large number of individuals, we also represent businesses that have been injured, especially SMALL businesses. This is a strange concept to a lot of business people I meet who think trial lawyers are their worst enemy.

Until they need an attorney because their business has been injured and they go to an hourly defense firm for help. Then they're in for what most people call, "sticker shock."

What usually happens? When a business has been financially injured, the board of directors, or some kind of managing partner, goes out looking for a law firm. And they ask their fellow business people who they've used. This often leads to other businesses referring hourly defense firms that they've used in the past. Well, for small businesses, especially family- or closely-owned businesses, they receive the shock of a lifetime when a defense firm begins discussing huge retainers that disappear quickly, minimum monthly billing amounts, "per-page" copy fees that are often staggering, and hourly rates that are mind-blowing. They also receive warnings that "this could be long and drawn out and could take several years." Suddenly, they're faced with the fact that pursuing their legal claim could cost them their business!

Now, I'm not saying things will move faster with a Plaintiff's lawyer or that Trial lawyers won't charge you copy fees, but if your case has a chance of financial recovery a Plaintiff/Trial Lawyer may be a better bet. These firms, unlike Defense firms, operate in a completely different fashion that can often benefit a small business client. These differences include:

Negotiability in Fee Structuring: Plaintiff/Trial lawyers live on a certain amount of risk. So while they may charge you an upfront retainer to guarantee pay for the work they'll do at the beginning, they may credit this retainer towards a percentage of your recovery if they feel you will win money in the end. This is sometimes called a "hybrid" fee: the upfront retainer is credited against a contingent fee recovered out of what the client wins and if there's no recovery, all the client is out is the upfront retainer. The underlying point: client's can cap their legal fees by knowing what they'll pay in a non-refundable retainer. I've seen companies spend upwards of $50,000 on hourly legal fees, with no resolution in sight and the monthly bills just keep coming, and coming... (Please note that attorney fee rules vary by state as to what attorneys are allowed to charge and the forms in which they charge fees).
Work Incentives: The incentive structure is different when your attorney is hourly versus contingent. Some (and I emphasize some) hourly attorneys work under an incentive to draw out the case work as long as possible since the longer he works, the more he can bill. With a lawyer on a contingency fee, her incentive is to complete your case as quickly as possible since she will not recover any more if it takes longer; longer cases means other work she can't take on.
Working vs. Winning: When a Trial/Plaintiff attorney takes on your case, in some kind of contingent capacity, that means they think your case has a shot. They wouldn't be taking the monetary risk of pursuing it, if they didn't think it had merit because if you lose, they lose. With an hourly defense firm, some (and I emphasize some) attorneys may take your case regardless of whether they think you can really win or not, especially when a potential client is dead-set on suing somebody. After all, if you're paying their monthly bill, they're not losing anything if you end up losing.
What he pays, you may not have to pay: It's generally hard for hourly attorneys to adjust their rates for smaller clients who may not be able to afford what a larger company can pay. The reason for this makes intuitive sense: it's hard to justify charging someone $400 an hour if you just charged another client $200 an hour for the same work. And if you do class action work, where you certify your hourly rate to a judge, it's almost impossible to vary your hourly rate. Contingency rates, however, are almost always negotiable. Just because someone you know paid 40% in a contingency fee, if your case has a greater chance of a larger recovery, you could negotiate your fee down to 33 1/3% or even 20%. People forget that attorneys are a service industry just like any other service industry -YOU are the client with a case and we are competing for YOUR business. There's nothing wrong with a little haggling, as my mother would say. And if your attorney is somehow insulted by this, go talk with another attorney.

Bear in mind, these are generalizations based on having worked for both Defense and Plaintiffs firms. And if you are pursuing a claim that likely won’t have financial recovery, you will almost certainly have to pay an attorney hourly since an attorney won't be able to financially take the risk of a contingent fee. But if you are a business that has been financially damaged, and you are looking to sue someone to recover money, a Plaintiff/Trial Attorney may suddenly become your best bet.

Originally posted at InjuryBoard by Amanda Wick

Social Security Five Year Plan

Amanda Wick — Wed, 15 Oct 2008 14:17:44 GMT

Just last month, the Commissioner of Social Security, Michael J. Astrue, released the agency’s new Strategic Plan.

This new plan lays out four specific goals the agency hopes to meet over the next few years. These goals include: eliminating the hearings backlog and preventing its recurrence, improving the speed and quality of the disability process, improving retiree and other core services, and preserving the public’s trust in our programs.

While the agency hopes to make speedy improvements in theses areas, each of these goals also includes long-term objectives to ensure its success over time.

The SSA has also made filing for Social Security easier for people with internet access. At the SSA website, www.ssa.gov, individuals fling for SSDI only can file their claim online.

The Social Security Administration has also included a “benefits estimator calculator” on their website that allows individuals to determine approximate SSDI earnings based on previous work history. The tool is designed to help people plan for retirement.

Despite these internet conveniences and goals to make filing for Social Security, most people are denied after their first application. This frustration leaves some people asking:

Do I need an attorney? Research shows that hiring an attorney is more effective than trying to file for Social Security alone.

Although Social Security Administration pays 60 million people a total of 650 billion dollars a year, some people are unable to get the benefits they deserve. In addition, once denied, it can take up to two years to get a hearing to appeal your case. The disability claims process can be complicated and difficult to navigate. Given that most attorneys will give you a free consultation to review your case, consider hiring an attorney to help you file your claim or handle your appeal.

Originally posted at InjuryBoard by Amanda Wick

Hundreds Evacuated After Train Derails, Spills Acid

Pete Strom — Tue, 30 Oct 2007 13:40:00 GMT

A train derailed in Minnesota early Monday morning, spilling acid and causing hundreds to evacuate and schools to close.

The train struck a parked train at about 4 a.m., causing at least one car to leak hydrochloric acid. Hydrochloric acid is a highly corrosive liquid that causes burns if it comes into contact with skin or eyes.

Approximately 50 cars derailed near Clara City, Minnesota as a result of the train accident. Clara City has a population of just over 1,000 residents and is located about 21 miles southwest of Willmar.

For more information on this subject, please refer to the section on Airline, Cruise, Bus, and Other Mass Transit.

Originally posted at InjuryBoard by Pete Strom

Voluntary Recall of Ground Beef in South Carolina

Pete Strom — Thu, 18 Oct 2007 14:32:17 GMT

Arko Veal Co. of Forest Park, Georgia has voluntarily recalled a shipment of ground beef to South Carolina because the shipment may contain E. coli.

More than 1,900 pounds of ground beef are being recalled, with some of that meat having been shipped to South Carolina.

The recalled beef includes fifty-pound cases of "Beef Patties Mix," "80/20." The recalled cases include the establishment number Est. 20766 and has a product code of 502250. The products were produced between October 7 and 9, 2007, and each recalled case bears on of those production dates.

The beef products were distributed to restaurants in Alabama, Georgia, North Carolina, and South Carolina. There was no retail distribution of the affected beef. No reports of illness have emerged to date. Routine testing discovered the E. coli contamination.

For more information on this subject, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Pete Strom