Myrtle Beach Legal Blog

Military workers may need a second opinion outside of the base

On behalf of Axelrod & Associates, P.A. on Thursday, September 12, 2019.

Typically, most workers don’t often associate medical malpractice with their jobs. If they suffer an injury at work, they either receive assistance on site or get transferred to a professional medical facility to diagnose their condition and begin the recovery process. Many of these hospitals also serve thousands of patients who aren’t from the same company as them, so most of the time, a worker can’t blame the company for the mistakes a surgeon made.

When it comes to those serving in the military, it’s a different story. Military base hospitals have become infamous over the years for providing poor medical care to service members and misdiagnosing deadly diseases. What makes it worse is a 70-year-old doctrine that limits their legal rights in recovering their damages.

What's My Auto Accident Case Worth?

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

The first question on many clients' minds when they first meet their attorney is: "What's my auto accident case worth?"

You've just been through a traumatic experience that's compounded by lost time from your job, medical bills, and the stress of finding an attorney and dealing with insurance companies. Are you going to be fully compensated for your auto accident? If so, what is that worth?

It's a reasonable question that, in most cases, cannot be answered immediately. The value of your auto accident case will depend on many things, including whether liability is clear, the amount of your medical bills, the amount of your future medical costs, the "shock value" of your case, and the opinions of any experts that you may need including economists and life care planners.

The value of your case may also depend on factors that may seem unfair - like whether you have an attorney, who your attorney is and what the insurance adjuster's experience has been with that attorney. Does your attorney routinely settle auto accident cases cheaply, or do they have a reputation for litigating their cases and trying them to a jury when insurance doesn't pay full value?

If you have been involved in an auto accident caused by someone else's negligence, get an experienced SC personal injury lawyer on your case immediately - call or email your attorney on the Axelrod team now to set up a free consultation.

How are Household Items Divided in a Divorce in SC?

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

How are household items divided in a divorce?

The things that seem most important to your attorney - the household home, bank accounts, savings and retirement, and larger assets - sometimes take a back seat when our client and their spouse cannot agree over how the smaller, household items will be divided.

There may be disputes over personal possessions, furniture, or other items that have deep personal value to our client regardless of their monetary value. Who decides which spouse gets what and how much?

In most cases, these problems should be resolved early in the process. When clients have not already reached an agreement with their spouse about who keeps which household items, it can be resolved through negotiations with the other side, mediation, temporary hearing, or trial.

If you are considering separation or divorce, call or email your Myrtle Beach divorce attorney at Axelrod and Associates immediately to find out what your options are and how to protect your property.

Four estate plans for parents of special needs children

On behalf of Axelrod & Associates, P.A. on Tuesday, September 10, 2019.

As a parent, you always want to put your child first. You want to make sure that their safety is your priority, and they will be taken care of no matter what situation you’re in. However, some children require additional attention due to their disabilities.

Luckily, estate planning allows you to protect your child’s wellbeing, even after you pass. In South Carolina, there are at least four estate plans you should consider when you are a parent of a child with special needs.

How Long Does a Workers' Compensation Claim Take to Settle in SC?

On behalf of Axelrod & Associates, P.A. posted in Workers' Compensation on Saturday, September 7, 2019.

If you've been injured on the job and you are not getting a paycheck, "when do I get paid" may be the most important question that you have right now. How long does a workers' compensation claim take to settle in SC?

Of course, the answer depends. It depends on the nature of your injuries and whether your employer or the insurance company believes they are obligated to pay. If they approve your worker's compensation claim, payments may begin without excessive delay.

If they deny your workers' compensation claim, you may be in for a series of hearings, appeals, and negotiations that could take months or even years to resolve.

Your Myrtle Beach workers' compensation attorney on the Axelrod team will help you to file your workers' comp claim, gather the evidence you will need to prove your claim, and represent you before the workers' compensation commission and in any appeals that are necessary.

Call us now at (843) 916-9300 or send an email to find out how we can help.

State v. Makins - CSC with a Minor Conviction Reversed

On behalf of Axelrod & Associates, P.A. posted in Criminal Defense News on Thursday, September 5, 2019.

In State v. Makins, the defendant's conviction for CSC with a minor third degree was reversed by the SC Court of Appeals because (again) the state's expert vouched for the credibility of the alleged minor victim.

It's the latest in a long line of appellate opinions reversing convictions when the state's experts vouch for the credibility of the alleged victim or "bolster" the alleged victim's testimony in CSC with a minor cases.

Although the SC Supreme Court has repeatedly said, "you cannot vouch for the alleged victims' credibility," prosecutors continue to find new, creative ways to vouch for the alleged victim's credibility.

Why do they risk reversals by repeatedly trying to "get around" the rules of evidence? Why do prosecutors feel the need to bolster an alleged victim's credibility when they know it can result in wrongful convictions?

When is expert testimony on child sexual abuse admissible and when is it inappropriate?

Can I Make a Diminished Value Claim in SC for Damage to My Vehicle?

On behalf of Axelrod & Associates, P.A. posted in Auto Insurance on Wednesday, August 28, 2019.

You can make a diminished value claim in SC after an auto accident, although the insurance company may attempt to deny the claim or refuse to pay the full value.

After an auto accident in SC, the at-fault driver is responsible for the damages that they caused, including your medical bills, future medical expenses, lost income, pain and suffering, and any diminished value to your property that was caused by the accident.

If your car is worth less after repairs have been made, isn't the other driver responsible for that loss as well? The goal of personal injury law is to make the injured party whole again, and, if your $30,000 car is now worth $25,000 because of the damage caused by the accident, you have not been made whole again...

You may not need a personal injury lawyer to handle your property damage claims, but if you aren't sure or if you or your passengers were also injured in a Myrtle Beach auto accident, call or email your SC auto accident attorney on the Axelrod team now to set up a free consultation.

Does Cohabitation Terminate Alimony in SC?

On behalf of Axelrod & Associates, P.A. posted in Divorce on Wednesday, August 28, 2019.

Does cohabitation terminate alimony in SC?

If you've been ordered to make permanent alimony payments to your former spouse, what happens if they move in with a new boyfriend or girlfriend? Should you still make alimony payments when they have another partner in their life who is contributing to their support?

There are three ways to terminate alimony payments in SC - death, remarriage, or "continued cohabitation."

If cohabitation terminates alimony in SC, how can you prove that your former spouse is now living with someone? What prevents them from moving out every so often to ensure that they are not "cohabiting" and to force you to continue making alimony payments?

If you are being forced to make alimony payments while your former spouse is living with someone in a new romantic relationship, you may have options. Call or email your Myrtle Beach divorce attorney on the Axelrod team now to find out if it is possible to ask the court to modify your permanent periodic alimony payments based on your former spouse's cohabitation.

Intellectual property suits affect South Carolina businesses

On behalf of Axelrod & Associates, P.A. on Sunday, August 25, 2019.

Surprisingly, many people think music copyright is no longer “a thing,” but laws determining what you can do with other people’s intellectual property are alive and well.

Recently, dedicated followers of intellectual property (IP) news in South Carolina have been watching some high-stakes drama as major lawsuits have rattled some businesses. As a reminder that 21st century businesses need legal representation and a healthy respect for IP laws, here’s a glance at two recent examples of litigation.

Can Inmates Get Workers' Compensation in SC?

On behalf of Axelrod & Associates, P.A. posted in Workers' Compensation on Wednesday, August 21, 2019.

Can inmates get workers' compensation if they are injured while on the job in a SC prison? What if they are on work release when they are hurt?

If an inmate is hurt while working can they sue the prison? What if prison officials knew that there was a dangerous condition and refused to correct it? Can an inmate sue for negligence? What about a civil rights lawsuit for violation of the Eighth Amendment prohibition on cruel and unusual punishment?

Your SC workers' compensation attorney on the Axelrod team can help you with the complex issues that arise when you are injured on the job and your employer or their insurance company refuses to pay - even if you were incarcerated when the injury happened.

Call or email Axelrod and Associates now to talk with an experienced Myrtle Beach workers' compensation attorney about your situation and find out how we can help.