Myrtle Beach Legal Blog

Uber Accident Lawyers in Myrtle Beach, SC

On behalf of Axelrod & Associates, P.A. posted in Motor Vehicle Accidents on Thursday, January 23, 2020.

How can an Uber accident lawyer help to recover damages after an auto accident involving a rideshare driver?

If I'm an Uber passenger and the driver crashes, will Uber pay for my damages? What if I'm not an Uber passenger, but an Uber or Lyft driver crashes into my car at an intersection? Does it matter if they had a passenger in their vehicle, were on the way to pick up a passenger, or were on their way to eat lunch?

Below, I'll discuss some of the issues that arise when a rideshare driver causes an accident and how an Uber accident lawyer at Axelrod and Associates can help.

Is an Employer Entitled to a Set-Off for Workers' Compensation Benefits for a Prior Injury?

On behalf of Axelrod & Associates, P.A. posted in Workers' Compensation on Monday, January 6, 2020.

What happens if you are compensated for a permanent and total disability, eventually return to work, and then suffer another injury that results in permanent and total disability? Can you receive workers' compensation benefits for more than one injury?

You can receive workers' compensation benefits for more than one injury, but is the employer entitled to a "set-off" for the benefits paid for the prior injury?

In Lemon v. Mt. Pleasant Waterworks, decided December 31, 2019, the SC Court of Appeals reversed the commissioner's finding that the employer was entitled to a set-off for benefits previously paid for a separate injury.

SC Appellate Courts Allow Bolstering in Child Sexual Abuse Cases - As Long as It's Not Obvious...

On behalf of Axelrod & Associates, P.A. posted in Criminal Defense News on Monday, January 6, 2020.

In State v. Chappell, decided December 31, 2019, the SC Court of Appeals reversed convictions for first-degree criminal sexual conduct with a minor and lewd act upon a child based on the state's expert's testimony that bolstered the child's credibility.

It's a recurring theme in child sexual abuse cases - prosecutors will always call expert witnesses for the sole purpose of bolstering the alleged victim's testimony, attempt to call the bolstering something else, and then SC appellate courts will either reverse or agree that the bolstering was okay.

Is bolstering okay in SC child sexual abuse cases? Why do prosecutors keep doing it?

How is 401k Divided in a SC Divorce?

On behalf of Axelrod & Associates, P.A. posted in Divorce on Wednesday, December 11, 2019.

How is 401k divided in a SC divorce?

Marital property is subject to equitable division, while nonmarital property is not. What about your retirement plan that you have paid into from your paycheck for the last 5, 10, or 20 years? Is your 401k plan subject to equitable division as well?

It most likely is, although a portion of your 401k may be considered nonmarital property that is not subject to division. Below, I'll discuss how a 401k plan is divided in a SC divorce case, including what happens when a portion of your 401k is considered nonmarital property.

4 Important steps to take after a slip-and-fall accident

On behalf of Axelrod & Associates, P.A. on Wednesday, December 11, 2019.

When you sustain an injury due to a slip-and-fall accident, it can ruin your vacation. Suddenly you’re not enjoying the sights or lounging in your hotel room, but worrying about your recovery.

Businesses and public buildings alike have the responsibility to keep their properties well-maintained and safe for visitors. In a place like Myrtle Beach, which sees millions of travelers each year, it’s crucial that every person who passes through shops, hotels and restaurants doesn’t have to worry about getting injured. However, with so many people to contend with, spills, wet floors or exposed extension cords can easily go unnoticed.

When Must Insurance Pay Damages in a Car Wreck?

On behalf of Axelrod & Associates, P.A. posted in Motor Vehicle Accidents on Wednesday, December 11, 2019.

When does insurance pay damages in a car wreck case? Can they get out of paying by filing a separate lawsuit?

An insured gets into a car wreck, it is their fault, and the other, injured, driver gets a verdict against the insured. Next, the insured's insurance company pays the verdict, right?

Hopefully - it is not always that simple, though. Some auto accident cases involve two phases of litigation. First, who was at fault and how much are the damages? Once that is determined, the next question is, who will pay the damages?

Although, in many cases, the insurance company is on the hook to pay the verdict or settlement up their policy limits, they will do everything they can to get out of paying or to pay the least amount possible.

Consider Trustgard Ins. Co. v. Collins, decided by the Fourth Circuit Court of Appeals last month, where an insurance company went to the federal court and asked for a declaratory judgment that they did not have to pay - while the auto accident case was still pending in the state court and before liability had even been determined...

Hemp Farmer Arrested for Growing Hemp Gets Injunction in Marion County

On behalf of Axelrod & Associates, P.A. posted in Hemp and CBD in SC on Tuesday, December 10, 2019.

A SC hemp farmer arrested earlier this year - who was charged with a crime for growing hemp although he had submitted his application - has gotten an injunction from a Marion County court allowing him to sell his crop until the underlying case is resolved.

Although it is now legal to grow and harvest hemp in SC with a permit, SC authorities are demonstrating their determination to shut down hemp growers in spite of the legislature's clear intent to encourage hemp cultivation in SC.

Why was the hemp farmer arrested? Is it a crime to grow hemp without a permit? Is it okay for SC to refuse to approve a permit based on a technicality and then arrest the hemp grower?

Does Workers Compensation Cover Mercury Exposure in the Workplace?

On behalf of Axelrod & Associates, P.A. posted in Workers' Compensation on Tuesday, December 3, 2019.

Mercury exposure in the workplace can be harmful, even deadly, to workers. Its effects can range from discomfort and irritation to the development of deadly occupational diseases like cancer.

Do you know if you are being exposed to mercury in the workplace, and, if so, how can you protect yourself? How does mercury exposure in the workplace cause occupational disease?

If you are suffering the effects of mercury exposure in the workplace, your injuries are most likely covered by workers' compensation insurance - call your SC workers' compensation lawyer at Axelrod and Associates now for a free consultation and case review to find out how we can help.

Who Must Consent for an Adoption in SC?

On behalf of Axelrod & Associates, P.A. posted in Adoptions on Wednesday, November 20, 2019.

Who must consent for an adoption in SC?

Whether you are adopting a stepchild, a grandchild, or a foster child, there are several steps that you must complete before finalizing the adoption - for example, obtaining consent from every person who could later challenge the adoption.

SC law has specific requirements for who must consent to adoption, how they must give their consent, and who must be present when the consent is obtained. Below, I'll discuss these requirements as well as when consent can be withdrawn.

If you are considering adoption in SC, contact your Myrtle Beach adoption lawyer on the Axelrod team immediately to help ensure that the adoption process goes as smoothly as possible and for help in obtaining the required consent prior to the adoption hearing.

When Road Rage Leads to Murder Charges - York County Motorcyclist's Death Charged as Murder

On behalf of Axelrod & Associates, P.A. posted in Motorcycle Accidents on Wednesday, November 20, 2019.

Road rage can be a huge problem for some people on the road, resulting in tense exchanges, car crashes, and even violence on the highway. For a man in York County, SC, according to prosecutors, road rage led to murder charges and a dead motorcyclist.

How did a motorcycle crash turn into a murder charge?

When is a traffic fatality the tragic result of negligence that can only be compensated for through the civil courts, and when does a traffic fatality lead to an arrest? SC has an offense called vehicular homicide - what's the difference between murder and vehicular homicide?

Although the alleged killer has been arrested and is now facing prosecution for murder, can the victim's family also sue for compensation for the death of their loved one?