Personal Injury
With extensive trial experience in both general civil and personal injury matters, we work diligently to provide our clients with effective and competent representation. Whether defending clients or pursing a remedy on behalf of clients, we work closely with our clients to provide the representation necessary to accomplish the clients’ desired goals and to achieve the most favorable results possible.
Catastrophic Injury
Accidents of any kind cause pain, stress, and worry. Sometimes, they result in catastrophic injuries that leave you disabled mentally, physically, or in appearance for an extended period of time or even permanently. Catastrophic injuries can include motor vehicle accidents, product liability injuries, construction injuries, and others.
Not only can these types of injuries cause real physical suffering, there are often continuing costs and associated damages. If you suffer a long-term or permanently disabling injury — whether it’s caused by an automobile accident or if it happens on the job — Theos Law Firm catastrophic injury attorneys have the experience needed to guide you through the legal process in the fight for medical costs, lost work wages, pain and suffering, and more.
Trucking Accidents
Accidents involving trucking, semi-trucks, construction vehicles, tractor trailer rigs, commercial or industrial vehicles, or 18-wheelers can be devastating. Tractor trailer crashes can often be due to their massive size, blind spots, and difficult maneuverability, but it is sometimes the result of a careless driver, poor driver training, speeding, an unbalanced load, mechanical failure, or driver fatigue.
If you or someone you love has been in a serious tractor trailer wreck, turn to our team of tractor trailer accident attorneys for guidance you can trust. Our lawyers advocate aggressively on behalf of our clients’ rights, and work tirelessly to get results.
Understanding Truck Accident Negligence
Many times, a very dangerous type of negligence is involved. Truck drivers are sometimes pressured to work longer hours than they are allowed to work by law – they have long distances to cover and trucking companies expect fast arrivals. Some truck drivers are under the influence of prescription or nonprescription drugs that help them stay awake or drive despite the discomfort of sitting in the same position for long hours. These drugs impair their judgment and contribute to negligence. Driving under the influence of drugs is illegal.
One of the foremost challenges in a truck accident lawsuit is figuring out who is truly at fault in the eyes of the law. Victims may not be able to recover from the truck driver as an individual motorist, even though the truck driver is the person who acted negligently and is at fault for the accident. Truck drivers may not be considered by the courts to be the same as individual motorists – they are employees of large companies that will protect their interests vigorously with no regard for the victim. When the truck company is at fault, state and federal commercial liability laws may require attention.
Working With A Trucking Accident Lawyer
The Theos Law Firm offers strong representation for clients who have suffered losses in truck accidents in South Carolina. Attorneys at the firm know how to navigate the unique dynamics and elements of trucking accident claims, and ensure victims that they approach truck accident cases with the necessary experience and understanding of:
Litigating against a commercial entity, not just an individual driver
Filing with respect to interstate issues
Discovering and presenting evidence related to the truck driver’s negligent acts
If you are the victim of a catastrophic truck accident, contact the Theos Law Firm
You Have Just Three Years After Your Accident To Start Your Claim
Under Carolina’s statute of limitation laws, you have three years from the date of your accident to file your personal injury claim. Some exceptions may apply, but the bottom line is that you have limited time to seek the compensation you deserve for your injuries after a trucking accident. Call 843-577-7046 or send an email to arrange for a free consultation with a knowledgeable personal injury lawyer.
Auto Accidents
Car Accidents Can Result in Life-Altering Injuries
Auto accidents can be devastating to the victims – the physical injuries can be extremely severe, long-term and painful, and can affect the life of the injured far into the future.
The medical expenses are often astronomical. Most people do not have anywhere near enough money to pay for the ambulance, hospital bills, prescription drugs, doctor visits, medical supplies and rehabilitation that an injury can incur. During the period of physical healing, the victim may not be able to work.
Auto accidents can be emotionally traumatic as well. Victims may find it difficult to be in a car or to drive. Often, depression, anxiety and an inability to participate in intimate relationships plague victims. These mental effects are valid in their own right and further compound the ability to heal physically.
Property damage can also be expensive. A totaled car is pricey to replace, and the goods inside the vehicle may have value to the victim.
When these effects of an auto accident occur, the law in South Carolina considers that a victim can recover these damages from the negligent party at fault for the car accident.
What Kind of Compensation Is Available In South Carolina?
The Theos Law Firm helps clients recover monetary compensation following catastrophic car accidents caused by someone else’s negligence. South Carolina law allows victims to recover a variety of damages:
Past, current and future estimated medical expenses
Any permanent disfigurement or disability
Time lost from work including time spent at the doctor or therapy
A change in your future earning ability due to the injury
Any property that was damaged such as your vehicle
Emotional distress like anxiety, depression and interference with family
The cost of hiring someone to do household chores while you heal
Any other costs that were a direct result of your injury
Car accident victims should contact the law firm immediately to learn how to make a claim for damages in South Carolina.
Contact A Highly Experienced Team of Car Accident Lawyers
The legal team at the Theos Law Firm represents select injury cases so they can devote the personal attention these complicated cases require.
Tips For Dealing With The Insurance Company After A Car Accident
Whether you’re the at-fault party or not, you’ll likely be dealing with an insurance company following a crash. If you hire a car accident lawyer, you will not need to worry about talking to the insurance company. Your attorney will handle everything for you.
Avoid a recorded statement. Unfortunately, the claims adjuster is not trying to help you out. They are likely looking for a way to deny your claim and build evidence to reduce your potential settlement.
Don’t fall for delay tactics. Ignoring you, “losing” important documents, transferring you to different agents, or postponing your claim are tactics used in hopes that you will give up or miss the deadline for filing a lawsuit. A car accident lawyer can help get in touch with the insurance adjuster and get your case back on track.
It can be very difficult to try to handle legal proceedings on your own, and it’s the last thing you should be worrying about when you’re focusing on recovering or mourning the loss of a loved one. Our team helps individuals and families who have been affected by the negligent acts of others every single day – it’s what we do. We are dedicated to ensuring that our clients are fought for and taken care of. Let us help you.
State and Federal Tort Claims
State and Federal Tort Claims: Matters of Jurisdiction in South Carolina
The Theos Law Firm helps clients with matters that require attention in both state and federal courts.
The firm’s federal tort practice dovetails with its South Carolina personal injury practice but leverages the experience of the attorneys to try cases in a wider range of courts and to help clients who may have been injured on federal property or due to the fault of the United States.
The Federal Tort Claims Act
The Federal Tort Claims Act is a legislative act that gives injured victims the opportunity to bring a claim or file a lawsuit against the United States in regard to events where the United States, if a private individual, could be held liable for the injury sustained by the victim.
While the Federal Tort Claims Act exempts liability for certain intentional acts and in instances arising from the military, claimants have the right to file suit for negligence.
Lawsuits Against The State of South Carolina
In the same regard that claimants may file against the United States, a cause of action arising from the negligence of the state of South Carolina, and/or an entity of the state, may also be legitimate. Victims who were injured on state property because of the State’s failure to provide a duty of care or who incurred loss because of other state negligence may be able to prove a personal injury claim.
The Theos Law Firm assists clients with actions against municipal authorities or actions that must be tried in federal courts, so that victims may retain their dignity and recover from losses.
If you are the victim of an injury that you believe falls under the Federal Tort Claims Act or that you believe is a cause of action against the state of South Carolina, please call the office now.
Premise Liability
Slip-And-Fall and Other Premises Cases in Charleston, South Carolina
When a victim falls and gets hurt or is otherwise injured on the property of another, the owner of the property may be responsible to the injured victim for personal injury damages.
Attorneys at the Theos Law Firm recognize that South Carolina law may tend to favor the property owner in many instances. The law firm works closely with clients to reconstruct what happened before and during the accident to help determine fault to show the courts or insurer.
The law permits a different standard of care for different people. In certain instances, the court does not expect a person responsible. That’s because South Carolina law differentiates between types of property visitors and the duty of care owed to them:
Invitees: Invitees are people who are invited to enter the premises for the commercial benefit of the party in possession of the property. Invitees are owed the highest duty of care.
Licensees: Licensees are people who are invited to a property for non-commercial purposes. Social guests are licensees. Licensees are afforded the middle standard of care.
Trespassers: Trespassers go upon the premises of another without any invitation at all. The court does not expect a person responsible for the premises to foresee risk to an uninvited person the same way it expects invitees to receive care.
If you were hurt on the property of another, contact the law firm as soon as possible.
Traumatic Brain Injuries
High-Stakes Litigation for Traumatic Brain Injury (TBI) Cases
Suffering a head injury can be a frightening and painful experience. Even if there was no loss of consciousness or just a brief loss of consciousness, traumatic brain injuries can result in life-changing emotional and physical circumstances. Whether you or your loved one is suffering from an immediate brain injury or discovers latent injuries following an accident, speaking with an experienced personal injury attorney as soon as possible after seeking immediate medical treatment can be vital to the quality of life you are able to lead after the accident.
Head injury litigation is complex. Successful claims for complex catastrophic injuries such as TBI cases require a thorough investigation, extensive discovery, expert testimony and intense litigation strategies. The legal team at Law Offices of Gedney M. Howe, III, P.A., intentionally limits their caseload so they can devote the resources and attention necessary to develop strong cases for traumatic brain injury cases.
There are Many Causes and Effects of Brain Injuries
There are many types of blunt force to the head or skull penetration that can cause brain injuries such as:
- Physician errors during childbirth
- Sports injuries
- Cycling or pedestrian accidents
- Boating accidents
- Fights
- Violent assaults
- Motor vehicle accidents
- Falls from heights
- Blunt force by an object
- Gunshot wounds
Acquired brain injuries can result from toxic exposure at work, such as from carbon monoxide poisoning, near-drownings and other incidents where the brain is poisoned or deprived of adequate oxygen.
The cognitive and physical effects of brain injuries can be temporary, but many are permanent or even fatal. The vast range of effects may include:
- Loss of memory
- Speech impairment
- Difficulty understanding or processing information
- Sudden emotional outbreaks
- Personality changes
- Abnormal social behavior
- Post-traumatic stress disorder
- Loss of mobility or use of limbs
- Tremors or muscle spasms
- Loss of sensation
- Partial or full paralysis
- Epileptic seizures
The emotional and physical results of traumatic brain injuries are not always immediate. But if you or your family is suffering or if you have lost a loved one, the attorneys at the Theos Law Firm may be able to reduce the burden of your expensive medical bills, rehabilitation costs, lost and future wages, and pain and suffering.
Nursing Home Abuse
Aging is inevitable, and there often comes a time when a family member requires long-term residential care. In that instance, we want our loved ones to be in a safe, caring environment with healthcare professionals who treat people with dignity and respect.
When it comes to nursing homes, the unfortunate reality is that profit is sometimes put above people. Sadly, this vulnerable population can be taken advantage of in a variety of ways. Overlooked medical needs, overt bullying or threats, and accidents that are wrongly attributed to “old age” are all examples of how abuse can occur to people who are not in a position to make their concern heard.
If you suspect elder abuse, negligence, or nursing home abuse, our team of experts want to help. Our nursing home abuse attorneys are committed to identifying neglect, exposing injustice, and securing compensation on behalf of your loved one.
Medical Neglect
People in South Carolina occasionally must entrust their well-being to healthcare professionals or hospital systems. In turn, these providers must adhere to a certain standard of care when treating patients. What happens when you or a loved one receives substandard treatment that results in more harm or injury?
When a medical provider makes a critical mistake in treating a patient, the results can be harmful or even life-changing. Medical neglect cases can apply to doctors, surgeons, dentists, chiropractors, nurses, physician’s assistants, pharmacists, hospitals, birthing centers, trauma centers, nursing homes, and others. Proving that the provider deviated from the standard of care is complicated — and that’s where our lawyers can help.
If you or someone you love has been harmed by a preventable medical error, our medical neglect lawyers want to help. Medical professionals are sometimes unwilling to acknowledge serious mistakes — and those errors could range from illegible written prescriptions, to a failure to diagnose, to surgical injuries. Our attorneys help you navigate the legal process and fight diligently to hold the negligent health care provider accountable for the error.
Dog Bite and Dog Attacks
If you’ve been bitten by a dog, you know how painful and frightening the experience can be. Unfortunately, animal bites are an all-too-common occurrence that can cause serious health issues, from painful nerve damage to infection and scarring. According to the Centers for Disease Control, 20 percent of bites require medical treatment and, unfortunately, children are most likely to be bitten. The Theos Law Firm can help guide you through the process.
What to do if you’ve been Attacked by a Dog
When you have been injured by a dog (or another animal) it can be difficult to know what to do next. But, getting medical attention should be your first priority. Victims may seek compensation for certain expenses, such as:
- Medical bills
- Lost income
- Pain and suffering
- Permanent scarring
Wrongful Death
Filing a Wrongful Death Claim in South Carolina
Many people rely on family members for financial support, emotional stability and intimacy. When the people who provide these benefits die because of the negligence or wrongful acts of another person, the surviving family members may have a wrongful death claim.
Wrongful death claims do not intend to assign a value to the life of the deceased, but filing a lawsuit that attaches value to the provisions once secured through the deceased can be an important part of facilitating the healing process.
When grieving family members need to focus on and process the emotional pain of losing a loved one, knowing that financial matters are handled properly can make a real difference in absorbing the radical changes the death of a family member can create.
The Theos Law Firm works with clients who are suffering the loss of a loved one due to wrongful death causes such as:
Auto accidents
Trucking accidents
Product liability accidents
Premises liability accidents
Construction accidents
Boating or water-related deaths
Medical malpractice
Understanding Who Can Bring A Wrongful Death Lawsuit
Wrongful death claims require a certain relationship to the deceased. For instance, if a friend passes away due to the negligence of another party, a surviving friend may feel a severe emotional loss, but that is not a cause of legal action in South Carolina.
Usually, the parties who may file a wrongful death claim are spouses or children or, in the absence of spouses and children, parents. Children not born into a marriage have the same rights as children of wed parents, but all parties are subject to time constraints for filing a claim during the probate process for the deceased.
These timelines are fairly narrow and, if not met, can invalidate a case entirely, so hiring an attorney who is prepared to represent the needs of survivors in a timely manner is extremely important.
If you believe you have a wrongful death claim, please contact the law firm.
Frequently Asked Questions
How is negligence determined in South Carolina?
Generally, there are three prongs for proving negligence. First, the evidence needs to show that the person who caused the injury owed the victim a duty of care. Second, it must be proven that the person who caused the injury failed to carry out that duty; third, the proof will demonstrate that the victim suffered damages because of the failure to carry out that duty. Proving negligence is the foundation of a successful personal injury claim. It is difficult without the assistance of a knowledgeable personal injury lawyer. Call the Theos Law firm for help.
Who is Liable for a Drunk Driving Accident?
What if I can’t pay my medical costs?
