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Slip and fall accidents have many consequences for the victim, but what happens when it is the natural environment that is to blame in place of a liable person or business? Well, the weather can cause all sorts of mischief, one of which is personal accident and injury. How is this mitigated in litigation processes, and how do people start to heal if the weather was the thing that caused their accident? This guide has all the answers.

How Does Adverse Weather Impact Slip and Fall Accidents?

Adverse weather can strike at any time and any place. There is no way to control it, and people are just at the mercy of what happens as a result of the natural environment. Strong winds, heavy rain, snow, and ice, even fog are all risk factors that reduce visibility and heighten the risk factor. Whether you are traveling around the country or walking about your local area, if badweather strikes, anything can happen. Slips and fall accidents are common outcomes that come about after all these incidents.

What Can Be Done?

There are certain things you just don’t do after an accident takes place, regardless of who or what is to blame. Things like saying it was your fault outrightare never the ideal course of action, so avoid this at all costs because as soon as you accept liability, it completely removes the opportunity for seeking compensation and other legal action too. If you feel like the weather was not the only reason behind your slip or fall, it is important to have a conversation with a specialist attorney to determine the most viable course of action. It is likely that you are facing expensive medical bills, and maybe even time off work as a result of the injuries, so anything that can be done to support you is worth the exploration.

Adverse Weather Makes Claiming Compensation More Difficult

When the weather is a key player in the event, a claims adjuster may seek out closure based on this fact alone. However, this is not always the best outcome and just because the weather played a supporting role in your accident doesn’t negate the notion that someone else may have also brought the incident about. There are lots of other things to be taken into account like the condition of the surrounding premises, the state of the immediate fall environment (for instance, was there a pothole that the local government has been neglecting?), and the people who were with you when it happened.

It Can Be Used as a Cover Up

If there is someone else to assign blame to, they may be using the weather as a scapegoat so they don’t have to take the fall for any compensation payments in your direction. This is not ideal, because it means you are at risk of losing the case. An attorney will always take the time and invest energy into investigating every little detail.

When the weather is bad, accidents do happen. If you or your loved one has been injured, do not delay seeking legal advice.

Visit our office at 917 Broadway St, Myrtle Beach, SC 29577.

Call now for a free consultation on (843) 839-4795.

Summer is most definitely here. And if you are going to do a bit of traveling here in the Palmetto State or elsewhere, you should be aware that you won’t be alone. You’ll be on the road with thousands of others with the same inclination to get out of the house and hit the road. Of course, with the increased traffic, it’s very likely there will also be an increase in the number of traffic accidents. If you have been involved in such an accident, don’t hesitate to contact Law Office of William J. Luse, Inc. Accident & Injury Lawyers today.

Although some accidents are impossible to avoid, there are some safe choices we can make as drivers that can make a difference on the road. So, here are some tips to keep in mind while traveling this summer:

• Commit Yourself to Safety

Unfortunately, you have no control over how others drive. Despite the risks, people are going to drive while intoxicated, use their phones while driving, and drive at excessive speeds. The only thing you have control over is yourself, and you can make a conscious decision to drive safely.

Don’t rush or take unnecessary risks. Driving carefully and defensively and doing everything you can to avoid accidents and the serious injuries they might cause are your best option for staying safe on the road.

• Check the Weather Before You Leave

Inclement weather often plays a role in car accidents. Take a moment to check the weather report and make sure you are not heading right into heavy rain or a storm with high winds. Who wants the stress of driving through a storm anyway? If the forecast doesn’t look good, make the safe choice and wait for clearer skies.

• Avoid Peak Hour Driving If Possible

Studies show that if you can avoid driving during peak traffic hours, you can significantly reduce your risk of being in an accident. Morning and evening commutes tend to be the most dangerous times to drive, even in the summer. And who wants to be in the middle of a bunch of traffic congestion? Try to plan your travel days to avoid driving during rush hour.

• Leave Your Phone Alone

According to the National Highway Traffic Safety Administration (NHTSA), distracted driving claimed the lives of 3,142 Americans in 2020. Cell phones are a leading source of driving distractions. The good news is that cell phones can be easily put away while driving. If you are using a GPS system on your phone to navigate, type in the relevant information before you start driving. If you need to make an urgent call, find a safe place to pull over. Don’t be a hazard to yourself or others.

Be especially careful not to text while driving. In one study conducted by The Virginia Tech Transportation Institute, texting was found to be the highest risk behavior that involves the phone.

• Avoid Aggressive Drivers

We’ve all been aggressively tailgated at one point or another, no matter how fast or slow we like to drive. The best thing one can do in these situations is to simply ignore them. Don’t speed up for their benefit or slow down to aggravate them more. If you can, find a safe method of getting out of their way. If an aggravated driver is trying to get in a shouting match, again, the best thing to do is to diffuse the situation by not engaging.

• Follow the Rules of the Road

The rules of the road are there for a reason. They significantly reduce the risk of a traffic accident occurring. So, make sure to come to a complete stop at stop signs, obey all traffic signals, and don’t speed. By the way, it has been illegal to text while driving in South Carolina since 2014, so follow that rule too.

• Do Not Drink and Drive

Always drink responsibly. If you are drinking away from home, find someone sober to drive you home, or call a taxi or rideshare car. The evidence is crystal clear that driving while intoxicated greatly increases your chances of causing or being involved in an accident.

If You Have Been in an Accident, Contact the Law Office of William J. Luse, Inc. Accident & Injury Lawyers

Even if you have followed all the rules of the road and done everything in your power to drive safely, the actions of other drivers can still result in an accident. If you sustain injuries in an accident that is not your fault, be sure to contact the Myrtle Beach accident attorneys of the Law Office of William J. Luse, Inc. Accident & Injury Lawyers at (843) 839-4795 for a confidential consultation.

When you’ve been seriously injured in an accident caused by someone else, the only thing you’re worried about is dealing with the pain from your injuries and healing. On top of your physical injuries, you’re facing the emotional trauma of what you experienced. So, it’s understandable that being cautious about what you’re posting on your social media accounts is the last of your concerns right now.

Your social media posts are something you have to consider, however, if you hope to obtain the compensation that you deserve for your injuries, your financial losses, and your suffering. Posting details about your injuries and the accident can impact your ability to get the maximum compensation you may be owed.

Obtaining Compensation for Your Injuries

To understand how your social media posts can impact your claim or case, you need to know a bit about the process for obtaining compensation.

When you pursue compensation for injuries you got in an accident, you file a claim with the insurance company of the person who caused the accident. (In some cases, like when the person who injured you is uninsured, you may have to start by filing a lawsuit to seek compensation for your injuries.) After filing your claim, the insurance company will conduct an investigation into the accident.

The goal of the insurance company’s investigation will be to find evidence that could reduce their policyholder’s (the person who injured you) liability, and thus, reduce the amount of compensation they may have to pay you. They may look for evidence that you contributed to the accident. Any contribution that you made in causing the accident can save the insurance company money. This is because, according to South Carolina’s comparative negligence law, your compensation will be reduced by the same percentage as your fault for the accident.

Along with investigating the accident to determine whether you might share some responsibility for it, the insurance company will review your medical records and other evidence to try to reduce your compensation. Other such evidence that they may look for might actually be on your social media accounts.

If you have to file a lawsuit to pursue compensation, all the above applies. The at-fault party will investigate the accident to try to find evidence that can reduce the compensation that they may be liable to pay.

How Your Social Media Posts Can Impact Your Compensation

Millions of people post their thoughts or pictures of moments in their lives every day. It’s common for people to post about milestones and major events in their lives, both good and bad. And just like the millions of others, you’ve probably become accustomed to posting about what’s on your mind and what’s going on in your life on your social media accounts.

After going through such a traumatic event, like an accident in which you’ve suffered serious injuries, you might feel compelled to post about the accident, your experience, and your injuries on social media. But doing so could hurt your case. Insurance companies and their defense attorneys may review your social media accounts. If they find posts that you’ve made that contradict any statements you’ve made to the insurance company or that show your claim could be exaggerated, they may use that evidence to reduce your compensation or deny your claim outright.

For example, suppose you file a claim for compensation for severe spinal injuries that you sustained in an accident. A few weeks after the accident, you post a video on social media rock climbing at an indoor fitness facility. If an insurance company discovers that post, they will use that video to claim that your spinal injuries weren’t severe at all; otherwise, how would you be able to rock climb? The insurance company might also question the veracity of your claim. In the case of a lawsuit, the at-fault party could also question whether your lawsuit is valid.

Or, suppose that you post on social media right after the accident occurs. You’re in shock from the accident and the pain from your injuries, and you post that you’re sorry about the accident. This can be a big red flag for the insurance company. They’ll use this post to show that your being sorry for the accident means you’re accepting fault for the accident. This post could allow them to reduce your compensation. Depending on the amount of fault that you’re determined to have for the accident, or that the insurance company can claim you have, you can end up getting much less compensation than you deserve.

To avoid damaging your ability to get fair compensation for your injuries, it’s best to refrain from posting on your social media accounts at all after being in an accident.

Call the Law Office of William J. Luse, Inc. Accident & Injury Lawyers Today

If you’ve been seriously injured in an accident due to someone else’s actions, you may be entitled to compensation.

The Myrtle Beach personal injury attorneys of the Law Office of William J. Luse, Inc. Accident & Injury Lawyers have over a decade of experience representing clients who have been injured in accidents. We’ll fight for you to get the compensation you’re owed. Call us today at (843) 839-4795 for a consultation.

In personal injury cases, most attorneys work on a “contingent fee” basis. In this scenario, you agree to
pay your attorney a percentage of your award if you are victorious instead of an hourly rate. There are no
up-front fees required to hire an attorney.
If your attorney wins your case, the contingent fee is typically in the range of 33–40 percent of the amount
recovered. If you lose your case, your attorney does not get paid—no award, no contingent fee. The
contingent fee frequently does not include charges for court  lings, deposing witnesses, making copies of
medical records, and so forth. Those costs will come out of the recovery amount if you are successful. If
you lose the case, you may be responsible for those charges.
There are differences in contingent-fee arrangements from attorney to attorney. One big one is whether
your attorney deducts the costs and expenses from your recovery amount before or after he/she is paid
the contingent-fee percentage. This point is often negotiable.
Some contingent-fee agreements will operate under a graduated percentage contract. Legal work that’s
more involved (e.g.,  ling a lawsuit and prepping for trial) will garner a higher contingent-fee percentage.
The contingent-fee percentage may be lower if a case is settled prior to  ling a lawsuit.
Contingent-fee arrangements eliminate up-front charges for the client; there are no mounting legal bills
as a case winds through the legal system; lower-income people are afforded greater access to the legal
system to pursue compensation for injury; and attorneys are highly motivated to win their cases…they
don’t get paid otherwise.

If you’ve been injured in an auto accident due to the negligence
of another driver, and your injuries prevent you from
working or reduce your ability to work, you have a right
to recover lost wages. Generally, to recover for lost wages, one of two things must occur: An
injury must be the direct result of the accident, or a pre-existing injury was made worse by the
accident.
To prove lost wages, produce the pay stub from your most recent paycheck prior to your
injury. Tips and non-salary benefits should be included as well. If you are self-employed, you
will need to submit proof of what you would have earned. Keeping detailed, organized records
pays off in these circumstances.
If a motor vehicle accident results in a long-lasting or permanent injury—including chronic pain
or fatigue—that will affect your ability to earn a paycheck, you may have grounds to recover for
“lost earning capacity.” In some situations, you can claim this even if you can work—for instance, if
the injury reroutes you to a lower-paying job.
Proving lost earning capacity can be tricky, as it involves some speculation about the future. At trial, a
financial expert will likely be necessary to crunch the numbers. Your character traits, work habits, education,
and intention to change careers may also be considered. After that, it’s in the hands of a jury, which has
the leeway to determine the final amount you are awarded.
If you have been injured in an auto accident, contact an auto accident attorney to protect your rights.

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Happy Holidays! May 2018 be your best year yet!

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