South Carolina Injury Law Journal - Anderson and Greenville Lawyer & Attorney Workers' Compensation Cases, Product Liability Lawsuits, and Accidents

I am a lawyer not a doctor. Doctors are medical professionals trying to help people get better by diagnosing, treating, and preventing. When we step outside our profession and into another professional arena we know very little about, it can be confusing. No matter how much reality television we watch, it may not carry over to the realities we live in.

In the short time I have been an attorney, it never ceases to make me laugh when I go to a doctor's deposition. We, as lawyers, have to ask certain questions in certain ways to meet legal thresholds and adhere to the prevailing rules of evidence, which makes those questions sound verbose, obnoxious, and confusing.

1. "Doctor  ______, is it your opinion to a reasonable degree of medical certainty that it is more probable than not, that my client's disc herniation were caused/aggravated/ and/or made worse from the motor vehicle collision/slip and fall/dog bite?"
2. "Doctor ______, based on your education, observations, and medical treatment of my client, was it medically necessary to send them for physical therapy/diagnostic testing/pain management as a result of the motor vehicle collision/slip and fall/dog bite?"
3. "Doctor ______, do you have an opinion to a reasonable degree of medical certainty as to the permanent impairments my client would be assigned under the AMA guidelines?"

It's important for medical professionals to understand that Plaintiffs have the burden of proving their case by the preponderance of the evidence. The most common example is the tipping of the scales of justice ever so slightly to provide an imbalance that would warrant the "preponderance" part, "more likely than not". (David Swanner of South Carolina Trial Law Blog gives several good examples).

Therefore, medical professionals don't have to know 100% one way or the other. They just have to give an opinion (based on a reasonable degree of medical certainty) whether an injury or aggravation of a pre-existing injury is "more likely than not"/ "more than a 50% chance"/ "ever so slightly tips the scales" was caused or directly affected by the trauma.

Plus, know what you charge for your office visits. You are a professional and are running a business. In the 100 or more medical depositions that I have taken, not one medical professional has been able to tell me what they charge per office visit. That could be one explanation in the health insurance and medical professional struggle now. How can you talk about lost profits and exorbitant prices when you have no clue about money, fees, or service costs directly related to services rendered?

This is the typical response cut and pasted directly from an recent examination of my client's treating physician's deposition:

I can't make an assessment about causation.  When I see a patient or take care of patients, I'm not really thinking about, you know, is this going to go to a legal situation. I'm mostly concerned about the patients and their well-being so I just go what they tell me, by the history.  So the answer to your question is:  I don't know.  I can't say with 100 percent certainty that the motor vehicle accident caused the herniated disk.

I asked the questions previously discussed. Do you have an opinion? Not can you tell me for certain. Plus, if you were truly concerned for the patient, you would also be concerned about the financial stress and misery of undergoing medical treatment and being personally responsible for the medical services you have rendered to them unless you agree that someone else affected their pre-existing injury or caused new injuries.

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After reading Rick Spruill's article in the Anderson Independent about the revenue brought in from traffic citations in Anderson, a line from the song in The Dukes of Hazzard, came quickly to mind:

"Making their way the only way they know how but that's just a little bit more than the law will allow."

Mr. Spruill reported that over the past few years, Anderson has brought in over $1,868,218 in revenue from traffic citations. More specifically the break down is as follows:

Anderson city traffic fines, 2005-2009

2005: $306,506

2006: $343,566

2007: $313,139

2008: $468,968

2009: $436,039

So we had a recession and some money had to be made up somewhere? The best part of the article is the last paragraph where Mr. Spruill was inquiring with Capt. Jim Stewart about quotas. Capt. Stewart denied that there were in ticket quotas but said they do compare from year to year.

Capt Stewart stated:

“We keep count to see how we compare and to track trends,” he said. “The number one priority of road patrol is not to issue tickets, it’s to reduce injuries and fatalities. There are a lot more cars on the road and a lot of our wrecks come as people are entering and leaving a business.”

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Ron Berman, an expert witness in dog bite cases throughout the United States, recently had an article entitled, "Dog Bite Cases: Avoiding 9 Common Mistakes", in The Justice Bulletin published by the South Carolina Association of Justice.

This article provided several important points in building a dog bite case and the mistakes an attorney could make in developing their case against the negligent owner or person keeping and/or caring for the aggressive dog. (To review the law of South Carolina on dog bites read my previous blog entitled, "Dogs Bite, Owners Pay: South Carolina Dog Bite Law".)

Mr. Berman makes these important points for those who have been bitten by a dog and incurred injuries:

• Just because South Carolina has strict liability on dog bite cases does not mean a defense can not be raised or a burden for injuries can be met;
• Video presentation or pictures of the aggressive dog can go a long way in being reimbursed for your injuries;
• Inspect the area the dog inhabited for further clues of its aggressive nature;
• Look over and request any documents or papers that can be provided by the owner for the dog;
• Take pictures and document any wounds or bite marks; and
• If going to trial, consult with an expert witness that can further your case.

As a point of reference, Mr. Berman cited statistics from the Center for Disease Control and Prevention that clearly point to how big an issue dog bites can be on a national level:

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After my last post on premises liability entitled "South Carolina Slip and Fall Law: Premises Liability",  I have received a good many clients and phone calls. However, I think further detail is needed to cover some of the areas that cause people confusion.

It may be a strange thing to hear from a lawyer but sometimes, there is no one to blame in a slip and fall accident but yourself. Just because you fall down on someone's property does not mean the landowner is responsible for paying you for the injuries you incurred. I am sure it can be embarrassing to fall down and no one wants to get hurt and seek medical attention for fun. Just think about these scenarios:

1. A roofer is hired to fix the top of your aging house and while jumping across the roof like a monkey, slips and falls to the ground, injuring themselves;
2. Someone enters your home and trips over your bare hardwood floors for no apparent reason; and
3. A shopper is pushing their cart down the aisle when one of their flip-flops comes off their feet causing them to stumble to their knees.

I would not take any of the above cases for the injured parties. They were simply harmed for no apparent reason or instigating factor. To have a slip and fall case there needs to be an element of notice to the landowner or the landowner must actually have created the harmful circumstance. Switch the cases around a bit and they would be worthy of pursuing further-

1. A roofer is hired to fix the top of your aging house and while jumping across the roof like a monkey, slips and falls through a hole that had shingles placed over it when you noticed a leak but you failed to tell the roofer about your  "quick fix";
2. Someone enters your home and trips over the burly rug you have had for some time with all the corners ruffled over, that has caused you to trip over it once or twice already; and
3. A shopper is pushing their cart down the aisle when they slip and fall in their flip flops because of all the water leaking from the ceiling/freezer/turned over product and there are no warning signs.

I would take a further look at the cases above.  Again, just because you fall on someone's property doesn't mean they owe you money. They owe you money when you receive injuries because you harmed yourself when they knew about a dangerous condition, should have known about a dangerous condition, and/or created a dangerous condition and failed to forewarn you about the condition.

Feel free to run any scenario you want by myself or someone that does that type of law in your state. A simple test to ask yourself:

I would not have fallen down but for ________.

Who is responsible for that blank?

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It sounds so simple but so many people I interact with from Greenville, Anderson, Oconee, Seneca, Clemson, and the remainder of South Carolina, have a hard time understanding that lawyers are not doctors. 

If you are hurt, hurting, in pain, or otherwise not in the same physical, mental, or emotional state you were in prior to some traumatic injury, or incident, then you should seek medical advice.  Doing this simple act can help you on several fronts:

1. This helps diagnose and assess your problems;
2. This helps you get better; and
3. This helps objectify and validate the change(s) in your condition.

Having grown up in the rural area of Prosperity, South Carolina and now working for people from similar areas of the state, the comment:

"I dont like going to the doctor. They are just going to give me medication and run up a lot of bills."

is a comment I hear all too often. However, try telling that evil insurance company that you are hurt, hurting, in pain, or otherwise not in the same mental, physical, or emotional condition you were in before ____________. (fill in the blank-wreck, slip & fall, dog bite, injury at work, and/or negligent product).

Try figuring out a reasonable and fair amount to be compensated for your injury when you are the only voice or piece of evidence in your favor. Think that evil insurance company will believe you more or a disinterested third party that has no interest in the outcome?

I know, most times the evil insurance adjusters wouldn't believe they were on fire if they saw their skin melting but you can only do your part as a reasonable person. Leave the insurance fighting to those that do it all the time and fight for your rights--trial lawyers, aka Trey Mills.

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I never thought I would be able to celebrate past my early twenties much less into my thirties. As I come around high school kids and young adults I feel like it was only yesterday that I was in high school or college. Ha. Ha. Time has flown by and only a cliche like that can be used because as I look back on a decade and half of borrowed time from the reaper, it has gone away in the snap of my fingers.

It would seem as you reach each milestone- 5 years, 10 years, & now 15 years you would become exponentially wiser, healthier, and wealthier. I can't say I have reached all those but;

• it does feel good to be alive;
• to love;
• to be loved;
• to be away from the encumbrances of IV lines, doctors, and hospitals, in other words, to be healthy;
• to give back;
• to be productive and have work; and
• mainly to live in its truest since.

I know there are many that have not reached their goals or moved on from worldly constraints so I simply want to celebrate today, for it is all I have.

I was in a deposition a week or so ago, bored silly, so I was going through the "Motivational Quotes" application on my phone and this has stuck with me since:

“Twenty years from now you will be more disappointed by the things that you didn't do than by the ones you did do. So throw off the bowlines. Sail away from the safe harbor. Catch the trade winds in your sails. Explore. Dream. Discover.”

Mark Twain

I have done that in the past 15 years and it feels good.

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Now-a-days people always talk about everyone being a winner and I am not someone that subscribes to that theory. In competition, not everyone can be a winner. However, participating in The Leukemia & Lymphoma Society South Carolina Man & Woman of the Year Fundraiser may be a more appropriate time to indicate everyone as winners.

There were five contestants, two females and three males, vying for the title but more importantly they were doing so by raising money for the fight against blood cancers such as leukemia, lymphoma, and myeloma. The South Carolina Boy of the Year was Josey Hale. The South Carolina Girl of the Year was Nadia Morris-Young.

The turning point in all this was realizing close to 15 years ago, I was a patient that was recognized to give a face to the fundraising and physical efforts to a Team in Training as they prepared for a marathon.

As I talked with Josey and Nadia last night, it struck me how many blessings I had been given to be healthy and in a position to help an organization that assists so many. It's nice to be reminded of the wonderful opportunities every day brings.

The opportunity to see life come full circle from patient to Man of the Year was amazing. No doubt a wonderful reminder of God's grace, glory, and presence. I certainly felt a momentary shudder as I had a sense that my Mom was looking down on me, as well as, a good friend that lost her battle with cancer as we were going through the trenches together.  Peace be with you.......

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As the Bylaws read on the South Carolina Bar's website for the Young Lawyers Division:

The South Carolina Bar Young Lawyers Division (Division) was founded in 1974 to foster principles of duty and service to the public, promote professional responsibility, stimulate the interest of young lawyers in Bar activities, conduct programs of interest and value to young lawyers, and to assist in the coordination and improvement of local young lawyer organizations.   All lawyers practicing in South Carolina are licensed through the South Carolina Supreme Court and are mandatory members of the South Carolina Bar.  All members of the South Carolina Bar in good standing under thirty-six (36) years of age, and those admitted to the South Carolina Bar as their first bar less than five (5) years are members of the Division.

Even at my age it's nice to be involved in something that has "Young" in it. However, with that title comes some expectations, activities, and involvement of a caliber that requires a little youthful energy, excitement, and creativity. I became involved immediately with this organization upon receiving my law license five years ago. Since that time, I have had the opportunity to participate in:

1. The annual Clemson/Carolina Pep Rally to raise money for Children Chance;
2. Social Networking Task Force to get the "big Bar" involved in social networking (join South Carolina Bar on Facebook);
3. Volunteering for mock trials for high school students in Greenville; and
4. Teaching classes at the SCBar's "Law School for Non-Lawyers".

The sad fact about the South Carolina Bar Young Lawyers Division is that only about five percent (5%) of the eligible young lawyers are active in this organization.  I know we all work hard every day and interacting with lawyers during our free time may be a bit overwhelming but it's not about you, it's about them:

• Adopt-A-Student Program-the pairing of elementary school students and lawyers to assist as mentors and doing so through the more modern mode of communication for children that age-email;
• Backpack Drive-school supplies collected for needy children;
• Cinderella Project-socially and economically disadvantaged high school students that would not otherwise have a beautiful dress to wear to the prom can do so by looking through donations of gently worn formal gowns, shoes, and accessories;
• Community Law Week- first week of May where young lawyers promote the legal profession in various ways throughout their respective communities;
• Day of Action-you choose the day and the way to give back and just do it;
• Disaster Relief-provide instruction on the legal issues that arise at the time of a natural disaster;
• Families Forever-adoption awareness and information;
• High School Digital Video Project-contest for high school students in conjunction with Community Law Week to educate, inform, and motivate students to learn more about the law;
• Justice Jam-lawyers graced with the gift to play music help raise money for local charities;
• Our Courts-web based educational project to teach students about being civic minded and inspire them to be active participants in our democracy;
• Protecting Our Youth-educating "at risk" high school students on criminal law and the consequences of their actions;
• Special Olympics-a partnership with the Special Olympics S.C. and the opportunity to volunteer for each of their three state-wide games held Mid-Winter, Fall, and Summer;
• Volunteer Income Tax Assistance-free tax preparation for households with low-to-moderate incomes;
• Voices Against Violence-a program designed to educate young lawyers about the epidemic of domestic violence and engage those young lawyers to respond and prevent domestic violence in their communities;
• Wills Clinic-provide free wills to first response personnel including police officers, firefighters, and EMS; and
• Publications-provide important legal information to the public.

The South Carolina YLD needs you and so does the public. Contact the South Carolina Bar and Tara Smith at 803.799.6653, ext. 146 or  tsmith@scbar.org.

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It appears the behemoth insurance company, Allstate, does have some type of consumer conscious after all.  Through my repeated articles denouncing the insurance company for their unprofessional and unethical claims handling:

• Allstate Insurance Sucks
• Allstate Insurance's "Good Hands" are Wrapped Around Your Throat!
• Allstate Policy Holders and Victims Should Know They Are Not in Good Hands

They have decided to hire me on as a consultant to change their brand awareness. They have offered me a salary into seven figures and 10% of any noticeable increase I can bring through higher premiums, less payouts, and lower defense fees.  Given that Allstate brought in $518 million in net income for the most recent 4th quarter of this recession, business is good!

More importantly they have allowed me the freedom of closing all their outstanding claims for minor wrecks, major wrecks, and anything under $10,000.00 in medicals by extending an offer of 3-4x your medical bills, plus $5,000.00 extra for your patience as they have surely yanked you around in the past couple months.  (For example, if your medical bills are $5,000.00, I can offer you $15,000.00 to $20,000.00 + $5,000.00 inconvenience charge--you choose the value you prefer).

All you have to do to get this settlement is mention to your adjuster that Allstate's new Positive Brand Awareness CEO, Floyd S. "Trey" Mills III said it was okay. It's time to enjoy your freedom and move on with your lives. Let us rejoice with this new conscious of such a formerly evil company.

Best wishes with your settlements on this, the 1st of April, commonly referred to as "April Fool's Day".

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