West Law Firm, P.A. handle a broad range of civil and criminal matters including personal injury, car wrecks, criminal defense, DUI defense, wrongful death, land disputes, business litigation, probate and estate planning, as well as alternative dispute resolution. West Law Firm, P.A.
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Need to Know: Preventing Nursing Home Abuse
About 1.4 million Americans reside in nursing homes, putting a significant portion of the population at risk for abuse at the hands of overworked, undertrained caregivers. As the population ages, more and more elderly individuals will require care – and unless things change, the rate of nursing home abuse will continue to rise.
Emotional abuse is the most common form (11.6%), closely followed by financial exploitation (6.8%) and sexual abuse (6.8%), according to the National Center on Elder Abuse. In fact, one national survey revealed that 40% of nursing home staff admits to committing emotional abuse. While this type of trauma can easily go unnoticed by family members, its impact leaves invisible scars. Plus, bear in mind that only an estimated 20% of cases are ever reported.
Is Poor Management to Blame? While there is no excuse for abuse or substandard care, the nursing home��s management is often just as much to blame as the caregivers themselves. Studies show that 90% of nursing homes are unstaffed, with nurse aide to patient ratios sometimes skyrocketing to 1:30. This leads to burnout and an overall decreased quality of care – even among caregivers with the best intentions.
Choosing the Right Nursing Home The decision to move your loved one to an assisted living facility is never an easy one. Most elderly people feel reluctant to leave their homes behind, even if managing a household and their medical care has become too burdensome.
To ensure your family member receives the best care possible, be sure to do the following:
Involve them in making a list of potential nursing homes/long-term care facilities
Consult your loved one’s doctors to learn more about their specific needs
Research each nursing home on the list
Check safety records
Read reviews
Ask for referrals (from friends, family, medical care providers, etc.)
Compare costs
Consider available Medicare or Medicaid benefits
Tour a few facilities after narrowing down the list
Note the number of staff members and their overall demeanor
Ask about a typical day (available activities, menu options, etc.)
Inquire about level of independence
Observe interactions between staff and residents
Check out the size and cleanliness of rooms/units
Trust Your Gut If you suspect that your loved one is not receiving adequate care, it is important to trust your gut. Here at West Law Firm, we recommend sharing your concerns with a qualified nursing home abuse lawyer. Our team can help gather evidence and offer trusted legal advice along the way.
There are other cases where potential abuse is more than a hunch. If your family member openly voices a concern or suffers injuries that clearly indicate abuse, it is crucial to contact a Berkeley County lawyer immediately. Here’s what to watch for:
Bed sores or open wounds
Loss of hair
Unexplained bruises or bleeding
Burns
Sudden weight loss
Torn, soiled, or stained clothing or bedding
Changes in personality, behavior, sleeping/eating, etc.
Keep in mind that even a seemingly minor complaint could indicate a much larger problem – and the nursing home must be held accountable. Nursing home residents’ top complaints include:
Slow response from staff
Social isolation
Low quality food
Roommate conflicts
Poor sleep
Lost/stolen belongings
Your Berkeley County Nursing Home Abuse Lawyers Our team is committed to ending elder abuse, ensuring nursing home residents here in the Lowcountry are treated with the dignity they deserve. If your loved one is receiving substandard care in a Berkeley County, SC long-term care facility, get in touch today. To schedule your free consultation at our Moncks Corner office, call 843-761-5626 or click here.
from Welcome to the West Law Firm, P.A. located in Moncks Corner, SC. We have been serving the lowcountry since 1945 as a family run law firm. Give us a call! https://westlawfirmsc.com/need-to-know-preventing-nursing-home-abuse/ via https://westlawfirmsc.com
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Non-Economic Damages: Pain and Suffering
After suffering a devastating injury, healing is the goal. But there is more to recovery than meets than eye. Even after the doctor has deemed an accident victim fit to resume normal physical function, they may continue to struggle. Emotional and mental trauma can be just as debilitating as physical pain – and while compensation isn’t a cure, it can help to ease future financial burdens.
What Is Pain and Suffering?
In addition to physical pain, the legal term “pain and suffering” includes the following:
Insomnia
Anxiety
Depression
Grief
Fear
Mood swings
Loss of quality/enjoyment of life
Loss of companionship
Damage to reputation
Lack of energy, appetite or sexual function
Post-traumatic stress disorder (PTSD)
How Do You Prove Pain and Suffering?
Because of the intangible nature of emotional and mental distress, proving pain and suffering can be difficult. An experienced personal injury attorney can help, using the following resources as evidence for your claim:
Witness testimony (friends, family, co-workers, medical professionals, etc.)
Daily progress logs or journal entries
Post-injury prescriptions (for pain, insomnia, depression, etc.)
Proof of treatment by mental health professional/therapist
How Are Damages Determined?
Because pain and suffering damages are considered “non-economic,” there is no exact equation to calculate an amount. Insurance companies typically rely on one of two methods: the Multiplier Method (multiplies amount of economic damages by a number between 1 and 5) and the Per Diem Method (multiplies a daily amount by the number of days needed to recover).
If the insurance company offered you an amount that seems unfair, West Law Firm can help. Trust our personal injury attorneys to fight for the compensation you deserve, considering a variety of factors to determine a reasonable settlement. During your free consultation, we’ll ask about the following:
Length of recovery
Severity of injury and pain
Overall health before and after your injury
Physical limitations caused by injury that impact daily life (work, hobbies, relationships, etc.)
Age
Trust Your Local Personal Injury Attorneys
Conveniently located in Moncks Corner, SC, West Law Firm is proud to serve injury victims throughout Berkeley County and beyond. If you are experiencing pain and suffering after an accident, do not hesitate to get in touch.
Our personal injury lawyers can help determine a fair amount of compensation – and fight to get you the damages you deserve. We understand that the scars left behind from an accident are not always visible, and we will offer the support and legal advice you need as you walk through trying times.
To learn more or to schedule your free consultation, contact West Law Firm today! Call 843-761-5626 or click here.
from Welcome to the West Law Firm, P.A. located in Moncks Corner, SC. We have been serving the lowcountry since 1945 as a family run law firm. Give us a call! https://westlawfirmsc.com/non-economic-damages-pain-and-suffering/ via https://westlawfirmsc.com
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Best Case Scenario: 6 Things That Impact Your Criminal Defense Case
Criminal charges are serious, with a potential conviction putting your future on the line. Due to the gravity of the situation, it is incredibly important to have the right team in place. A determined, experienced criminal defense attorney will position your case to achieve the best possible outcome.
The following aspects play a major role in building a strong case:
1. Investigation & evidence To supplement the evidence gathered by the police, your criminal defense attorney will likely launch a thorough investigation of their own. This may involve conducting witness interviews, reviewing accident reports and consulting experts.
2. Compelling case narrative While the prosecution is focused on convincing the jury that you are guilty “beyond a reasonable doubt,” your criminal defense attorney’s job is to present your side of the story. This case narrative details your defense and casts doubt that you have indeed committed a crime.
3. Understanding of criminal law & court procedures Not every lawyer is equipped to handle a criminal law case. It is crucial to entrust your case – and your future – to an experienced attorney with a deep knowledge of case law. This not only gives you an advantage in the courtroom but ensures your attorney can explain what to expect as your trial unfolds.
4. Negotiation skills Keep in mind that the majority of cases do not go to trial. Your attorney, during the discovery phase, may be able to negotiate a dismissal or get your charge reduced to a less serious crime. That is where finely-honed negotiation tactics come into play!
5. Criminal history Having a clean record increases the odds that your charges may be reduced. On the other hand, repeat offenders often receive stronger sentences/penalties.
6. Community ties Hiring a hometown criminal defense attorney ensures their familiarity with local court rules – and more often than not, a familiarity with local judges and the district attorney too. This can work in your favor if a particular judge has a reputation for ruling a certain way on certain cases, for instance.
Here at West Law Firm, our criminal defense team has built a reputation for results. If you have been charged with a crime, trust our defense attorneys to fight for you – whether your case goes to trial or is settled outside of the courtroom.
To learn more about our criminal defense approach or to schedule your free consultation at our Moncks Corner, SC office, get in touch today! Call 843-761-5626 or click here!
from Welcome to the West Law Firm, P.A. located in Moncks Corner, SC. We have been serving the lowcountry since 1945 as a family run law firm. Give us a call! https://westlawfirmsc.com/best-case-scenario-6-things-that-impact-your-criminal-defense-case/ via https://westlawfirmsc.com
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Making Sure Care Is Covered: Workers’ Comp Edition
If you have been injured on the job, getting the medical treatment you need is crucial. Many injured workers wonder if their care will be covered, fearing that getting better could cause their financial situation to get worse.
West Law Firm’s Workers’ Comp attorneys are here to set the record straight. Our team understands the nuances of SC Workers’ Compensation law, and we’re committed to getting injured workers the benefits they are entitled to.
Here are some of the most common questions regarding medical care for on-the-job injuries:
Can I choose my own doctor?
Simply put, no. For medical treatment to be covered by Workers’ Compensation insurance, you must visit your designated company doctor. If you do not believe that the company doctor provided adequate care, you may request a second opinion. Our Workers’ Comp attorneys can help you get the high-quality medical treatment you need.
2. What type of medical care is covered?
You are entitled to all medical treatment deemed necessary for your recovery. This includes the following:
Hospital stays
Surgery
Medications
Prosthetic devices
Medical supplies
Ongoing care (physical therapy, occupational therapy, etc.)
3. What if the insurance company does not authorize the recommended treatment?
In some cases, your employer’s insurance company may refuse to pay for the treatment the doctor recommends. Because we believe that medical professionals, not insurance agents, should dictate appropriate care, our injury lawyers will file for a hearing before the SC Workers’ Compensation Commission. After hearing the medical evidence, a judge will approve or deny the recommended treatment.
4. What is maximum medical improvement?
Maximum medical improvement is reached when your doctor decides that additional treatment will not improve your physical condition. Once MMI is achieved, your doctor will issue an impairment rating and outline any future treatment. As long as additional care (such as physical therapy or medication) will shorten your disability period, the insurance company must keep paying for it.
5. What if my doctor releases me to light duty work?
If your doctor releases you to “light duty” (modified work at your current place of employment), you must accept it. If you do not, compensation will be discontinued.
If you were hurt at work, contact West Law Firm today! Our Workers’ Compensation attorneys are proud to serve Berkeley County, speaking up for the hard-working employees who keep our community going strong.
Located in Moncks Corner, our office is easy to find! Get in touch today to schedule your free consultation. Call 843-761-5626 or click here!
from Welcome to the West Law Firm, P.A. located in Moncks Corner, SC. We have been serving the lowcountry since 1945 as a family run law firm. Give us a call! https://westlawfirmsc.com/making-sure-care-is-covered-workers-comp-edition/ via https://westlawfirmsc.com
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Estate Planning: For Your Family’s Future
The start of a new year is a great time to set goals and make resolutions. But it is important to think beyond the next year, and to put plans in place for your family’s future. This often involves creating a will or a comprehensive estate plan. from West Law Firm, P.A. https://westlawfirmsc.com/estate-planning-for-your-familys-future/ via https://westlawfirmsc.com
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3 Key Differences Between Car and Trucking Accidents
Whether you’ve been injured in a collision with another car or a commercial truck, West Law Firm will help recover the damages you deserve. from West Law Firm, P.A. https://westlawfirmsc.com/3-key-differences-between-car-and-trucking-accidents/ via https://westlawfirmsc.com
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Child Safety Seat 101
From scraped knees to bumps and bruises, most kids sustain countless boo-boos as they venture toward adulthood. For parents, there is no shortage of “what-ifs” to worry about, but the biggest risk occurs on the road. from West Law Firm, P.A. https://westlawfirmsc.com/child-safety-seat-101/ via https://westlawfirmsc.com
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Toy Safety
Toy trends sweep the nation each holiday season, with a handful of must-have items topping wish lists. From spendy gadgets to silly games, these toys will find their way into countless stockings and gift boxes. from West Law Firm, P.A. https://westlawfirmsc.com/toy-safety/ via https://westlawfirmsc.com
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Settlements Made Simple: Pros and Cons
When offered a quick settlement, some injury victims take the money and run. While there are instances when fast cash is the only option, accepting the insurance company’s settlement is not always the best idea. The insurance company is more concerned with profit than people – and it often attempts to pay out less than a case is worth to …
Settlements Made Simple: Pros and Cons Continue Reading >>>
from West Law Firm, P.A. https://westlawfirmsc.com/settlements-made-simple-pros-and-cons/ via https://westlawfirmsc.com
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Keeping Teens on Track: 7 Tips for New Drivers
Auto accidents are the second leading cause of death for teenagers – with about seven Americans aged 13 to 19 losing their lives each day. from West Law Firm, P.A. https://westlawfirmsc.com/keeping-teens-on-track-7-tips-for-new-drivers/ via https://westlawfirmsc.com
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How Helmet Use Can Impact Your Case
Whether you are traveling on two wheels or four, hitting the road is a risk. But with little standing between them and the road, motorcyclists are at a disadvantage. from West Law Firm, P.A. https://westlawfirmsc.com/how-helmet-use-can-impact-your-case/ via https://westlawfirmsc.com
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5 Most Common Workers’ Comp Injuries
Workplace injuries are more common than you may think, occurring across all industries. Contrary to popular belief, on-the-job accidents are not only prevalent among those performing manual labor or spending their days exposed to the elements. from West Law Firm, P.A. https://westlawfirmsc.com/5-most-common-workers-comp-injuries/ via https://westlawfirmsc.com
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Most Common Causes of Auto Accidents
Your weekday commute is just another part of your routine, a seemingly mundane task that gets you where you need to go. Red lights and traffic slowdowns can be a pain, but for the most part, you probably give little attention to the drive you make each day. from West Law Firm, P.A. https://westlawfirmsc.com/most-common-causes-of-auto-accidents/ via https://westlawfirmsc.com
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Picnic Perfection: 4 Ways to Keep Bacteria Off the Menu
As restrictions ease and gatherings resume, this summer will likely be a busy one. Many Berkeley County families are eager to make up for the fun they missed last summer, cramming their calendars with picnics and pool days. from West Law Firm, P.A. https://westlawfirmsc.com/picnic-perfection-4-ways-to-keep-bacteria-off-the-menu/ via https://westlawfirmsc.com
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Boating Laws: What You Need to Know
Sweltering summer days are best spent on the boat. That’s where you’ll find many Berkeley County families this season, soaking up the sun and exploring the Lowcountry’s waterways. from West Law Firm, P.A. https://westlawfirmsc.com/boating-laws-what-you-need-to-know/ via https://westlawfirmsc.com
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Rideshare Gone Wrong: 6 Safety Tips
Rideshare services are now commonplace, offering Americans a convenient alternative to hard-to-hail cabs or public transit. A few taps of a mobile device are all it takes to request a ride – but it’s important to remember that services like Uber and Lyft are not without their risks. from West Law Firm, P.A. https://westlawfirmsc.com/rideshare-gone-wrong-6-safety-tips/ via https://westlawfirmsc.com
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Land Disputes: Boundary Issues
The Charleston area has experienced explosive growth, with population data estimating 30 new residents a day. As more people flood the Lowcountry, the real estate market is red-hot – and this leads to more than just bidding wars. from West Law Firm, P.A. https://westlawfirmsc.com/land-disputes-boundary-issues/ via https://westlawfirmsc.com
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