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

There are two general courts, and thus two different areas of practicing attorneys: Civil & Criminal

1. Civil law, or municipal law, relates to the relationships of contract and exchange between private parties (individuals, businesses or individuals and businesses), such as marriage, divorce, buying and selling property, contracts and warranties, etc. Civil law encompasses all law that is not criminal law and is divided into two branches: Contract Law and Tort Law, aka Personal Injury cases. Civil law cases are litigated in civil courts as law suits and the end result is normally financial compensation.
2. In Criminal law, the suit is initiated by the state or federal government through a prosecutor rather than being initiated by the victim, as it is in civil law.

• One of the major differences between civil law and criminal law is that civil law suits are initiated by the victim rather than the Federal or state government through a prosecutor.
• Civil law and criminal law proceedings are also very different, and one of the main differences lies in the "burden of proof."
• In a criminal case, the defendant must be proven guilty "beyond a reasonable doubt."
• A civil case only has to be proven on the "balance of probabilities" (i.e., it is "likely" that the defendant is guilty).

A good example of this is the O.J. Simpson trial. While it was not proven "beyond a reasonable doubt" that he murdered his wife; it was proven in the subsequent civil trial that, based on the "balance of probabilities," he had been responsible for her death, which subsequently led to the financial award to the victim's family.

I am a Plaintiff's (Civil) Trial Attorney that can help you if you have been wronged, harmed, or injured by someone or something and you seek monetary compensation. 

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The Associated Press has announced that the American College of Emergency Physicians (ACEP) gave South Carolina an A for its medical liability laws and a B-plus for quality and patient safety, especially in handling heart attacks and strokes.

However, South Carolina did receive a "C" from ACEP for how it handles emergency medicine. Dr. William Finn, Emergency Medicine Chairman for Greenville Hospital Systems, stated that:

"The report accurately reflects conditions in South Carolina......The number of employees, primary care and mental health providers are well below average, as well as the number of pediatric specialty centers, like the children's emergency department. We need more of those."

This article is entitled "State Earns a 'C' in Emergency Care" but failed to pick up on the real gem of the report done by Emergency Physicians:

SOUTH CAROLINA RECEIVED AN A FOR ITS MEDICAL LIABILITY LAWS!

• Does this mean the JUA and medical community are going to have to stop blaming those darn personal injury lawyers for all their woes? 
• Does this mean that doctors can come back to practice in the state of South Carolina after having been pushed out by high premiums (another alleged cause of those darn lawyers)?
• Or were those problems totally ignored on factual basis and exploited in the media to hide the fact of JUA's mismanagement of financial funds in the late 90's (thus causing physician's premiums to rise)? 

"Things That Make you Go Hmmm"

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....her girlfriend got $100,000.00 dollars for an injury case just like mine. 

When I hear comments like that I often times think of Saturday Night Live when Seth Meyers & Amy Poehler  do their "Really?" skit.

• Your Friend's Friend's Baby Mama's Uncle's Girlfriend said that she got $100,000.00 dollars for an injury case like yours. Really?
• When I ask you to go out find another attorney that can guarantee you a monetary amount, you come back with nothing. Really?
• When I ask you detailed questions about this "other" case, ie  year, state, attorney or insurance company involved, you come back with nothing. Really?
• Once I have gotten a fair settlement on the table and you remind me of this large amount this person received at some point in time, I ask you to bring back a signed piece of paper from any surrounding attorney verifying they can get you a higher settlement and you show up two days later with nothing. Really?

Every person's injury claim is different and many factors determine the actual outcome or valuation.  One of the biggest factors would be the actual jurisdiction, or venue, in which the case will be brought. A very general definition is provided by Wikipedia:

Venue is the location where a case is heard. In the United States, the venue is either a county (for cases in state court) or a district or division (for cases in federal court). Venue deals with locality of a lawsuit, that is, with questions of which court or courts with proper jurisdiction may hear a specific suit.

South Carolina is known to be more conservative than say California, New York, or Illinois so please understand you are comparing apples to oranges when you start finding large verdicts and/or settlements on the internet in a different state.

What REALLY matters are:

1. the circumstances in which you were injured;
2. parties involved;
3. legal issues;
4. insurance coverage; and
5. the amount of witnesses or evidentiary pieces that support your perspective of the event. 

You may very well have a six figure case but don't come to that conclusion through hearsay and the real life version of the "gossip game".  Talk to a competent attorney that consistently goes to court in the venue of your injury.

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"Let's Talk About Insurance"

(Punch it, Jim Yo, Lawyers can’t talk about this in court
Come on, why not?
People might misunderstand what they're tryin' to say, you know hear the truth about this lady being able to afford 10 times this poor injured person's medical bills and impairments?
No, but that's a part of life)

Come on

[CHORUS]

Let's talk about insurance, baby
Let's talk about “He” and “She”
Let's talk about all the good things
And the bad things that may be
Let's talk about insurance
Let's talk about insurance

Let's talk about insurance for now to the people at home or in the office
It keeps coming up anyhow
Don't deny, delay, and defend like Allstate or make void the topic
Cuz that ain't gonna stop it
Now we talk about insurance in our offices, on the phone with adjusters, with defense attorneys being paid by the hour
Too bad our clients and the public don’t know, anything goes
Let's tell it how it is, and how it could be
How it was, and of course, how it should be
Those who think it's dirty have a choice
Pick up the pen, phone, or email and tell your Department of Insurance off
Will that stop US Chamber from bad commercials or adjusters from lying to clients prior to representation, Pep?  I doubt it
All right then, come on, Spin

[CHORUS]

Hot to trot and confusing, too many options make any man's wallet pop
Insurance Companies use what they got to get whatever they don't got
Unsavvy consumers drool like fools, but then again they're only human
This person was hit because the other driver behind them was really moving
Texting, chatting, drinking, playing with the child seat in the backseat
Nothin' they ever swore was ever common
The mistakes were always in place, thanks to lobbying insurance to heads of state, men of distaste
hospital administrators, doctors, insurance adjusters, defense attorneys, no one is able to be self-insured with her not to get with
Or even mess with, the U.S. Chamber of Commerce she says was next on her list
And believe me, you, it's as good as true
There ain't a Chamber alive that Insurance Companies couldn't get next to
Insurance Companies had it all in the bag so they should have been glad
But they were mad and sad and feelin' bad
Thinkin' about the things that they never had
No truth, facts, or empirical evidence to make claim for reform,no frivolous lawsuits to actually point to, no common sense approach to claims adjusting, no mention to their insured’s that they actually represent at fault drivers in uninsured claims, just butt sex, followed next without a check and a note
That last night was denied!

Let's talk about insurance, baby (deny it)
Let's talk about “He” and “She” (delay it, defend it)
Let's talk about all the good things
And the bad things that may be
Let's talk about insurance (on your home, auto, or self)
Let's talk about insurance (don’t do it)
Let's talk about insurance (Oo No)
Let's talk about insurance

Ladies, all the ladies, louder now, help me out
Come on, all the ladies - let's talk about insurance, all right
[repeat]

(Yo, Pep, I don't think they're gonna print this in the paper)
And why not? Everybody has insurance
I mean, everybody should be paying their premiums and asking questions
Come on, how many people you know actually ask questions and look behind the false claims, misleading marketing by Chamber of Commerce and other Justice Deformers?
Not too many jurors I know)

[CHORUS]

  For those humming "Let's Talk About Sex" 

  I recommend clicking this and re-reading the article:

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Then start doing it and stop just signing everything people put in front of you. Yeah, I know those are long contracts and sometimes they have big words but once you sign that contract, you are obligated to what the contract says. Courts often times look to the "four corners" of the document.

In Regions Bank v. Schmauch, 354 S.C. 648, 663-664 (S.C. Ct. App. 2003), the court set forth numerous cases illustrating the same point:

• A person who signs a contract or other written document cannot avoid the effect of the document by claiming he did not read it. Sims v. Tyler, 276 S.C. 640, 643, 281 S.E.2d 229, 230 (1981); Evans v. State Farm Mut. Auto Ins. Co., 269 S.C. 584, 587, 239 S.E.2d 76, 77 (1977).
• A person signing a document is responsible for reading the document and making sure of its contents. Every contracting party owes a duty to the other party to the contract and to the public to learn the contents of a document before he signs it. Burwell v. South Carolina Nat'l Bank, 288 S.C. 34, 39, 340 S.E.2d 786, 789 (1986); Sanders v. Allis Chalmers Mfg. Co., 237 S.C. 133, 139-40, 115 S.E.2d 793, 796 (1960); Stanley Smith & Sons v. D.M.R. Inc., 307 S.C. 413, 417, 415 S.E.2d 428, 430 (Ct. App. 1992).
• One who signs a written instrument has the duty to exercise reasonable care to protect himself. Maw v. McAlister, 252 S.C. 280, 285, 166 S.E.2d 203, 205 (1969);
• "The law does not impose a duty on the bank to explain to an individual what he could learn from simply reading the document." Citizens & S. Nat'l Bank of South Carolina v. Lanford, 313 S.C. 540, 545, 443 S.E.2d 549, 551 (1994).

There are exceptions and unique instances that could vary but the general rule is: read before you sign. People enter into contracts every day over real estate, personal property, rental agreements/terms, employment, insurance settlements, etc. If you don't understand what you are signing ask someone to help you better understand it.

Real World Examples:

1. Real Estate Foreclosures- You never asked anyone what an ARM was? It sounded great for the moment but all of the sudden your payments tripled. That's not fair! Why the hell not! You agreed to it in a contract you probably signed 10 times. Why is it the bank's fault because you didn't read the fine print?
2. Automobile Insurance- You checked the box that said you did not want the optional UIM insurance. Then you get injured by someone with minimum coverage that has no personal assets.  What can you do? Well the insurance company never explained what UIM was. Did you ask them? Or were you in a hurry and just wanted the cheapest coverage?  Oh, never mind, it doesn't matter you already signed the contract.
3. Car Loans- You were in a bind and you were way behind and you were willing to make a deal, ...... and if you win you'll get this shiny car made of steel, .....but if you lose the devil gets your soul. So you agreed to a $15,000.00 loan for that 98 Mercury van with 100,000 + miles. They paid you $2,500.00 up front in cash and you financed the rest at 35% interest over the next five years. You get in a wreck the next week and the at fault insurance company tells you the car is worth $2,500.00. What about that loan you agreed to? Will you still have to pay it? Yes sir, indeed. You know why? You signed a contract.

DISCLAIMER: This is not legal advice merely common sense illustrated by legal opinions and case law.  We have not entered into a attorney client relationship. Feel free to consult with an attorney about any contract you do not understand. 

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M.P. McQueen of "The Wall Street Journal" reports that:

More drivers are letting their car insurance lapse because of the sour economy, putting themselves and others at risk........

Ms. McQueen quoted Robert Hartwig, president of the Insurance Information Institute, as saying:

"A good proportion of people on the road are either uninsured or underinsured, and so you have to protect yourself... "

"Your odds of being in an accident with an uninsured driver are substantial."

As I reported in my "Full Coverage"  article:

Minimum insurance limits in the South Carolina are mandated by S.C. Code Ann. § 38-77-140 and at the present time are 25,000/50,000/25,000. Likewise, UM, or uninsured coverage is mandatory but you should carry higher than the minimum limits.

Insurance coverages that protect you when someone is uninsured, underinsured, or is covered with Allstate are below: (insurance companies don't want you to know about them because it costs them money in the long run):

1. UIM- In accordance with S.C. Code Ann. § 38-77-160, this is optional coverage you can purchase in the event that damages are sustained in excess of the liability limits carried by an at-fault insured (driver) or underinsured motorist. Remember minimum coverage is $25,000.00 per one person.
2. UM-This is uninsured coverage and essentially your insurance company will defend the at fault person against you. HUH? Read it again. That's right! You're own insurance company defends the uninsured person against you. Why? Insurance companies don't make money paying you money, that includes your insurance company. Call and ask them if you think I am being untruthful.
3. PIP/MEDPAY- This is the greatest insurance ever. If you do not have it, you're an idiot. It's cheap, too.
4. GAP Coverage-Gap insurance covers the difference between what the insurance company says your car is worth versus what's left on your car loan, or note.

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The Insurance Institute for Highway Safety is an organization dedicated to reducing the losses — deaths, injuries, and property damage — from crashes on the nation's highways and is wholly supported by auto insurers (read insurance companies).

In a news release dated December 17, 2008, the IIHS reports (important parts underlined):

Rear crashworthiness needs improving:  Many automakers haven't paid as much attention to protection in rear crashes, compared with front and side, Nolan points out. Good seat/head restraints are key to preventing whiplash injuries. Neck sprain or strain is the most frequently reported crash injury in US insurance claims. When a vehicle is struck in the rear and driven forward, its seats accelerate occupants' torsos forward. Unsupported, the head will lag behind the forward torso movement, and the differential motion causes the neck to bend and stretch. The higher the torso acceleration, the more sudden the motion, the higher the forces on the neck, and the more likely a neck injury is to occur. Keeping the head and torso moving together is crucial to reducing whiplash injury risk. To accomplish this, the geometry of a head restraint has to be adequate — high enough to be near the back of the head. Then the seat structure and stiffness characteristics must be designed to work in concert with the head restraint to support an occupant's neck and head, accelerating them with the torso as the vehicle is pushed forward.

"In stop and go commuter traffic, you're more likely to get in a rear-end collision than any other kind of crash," Nolan says. "It's not a major engineering feat to design seats and head restraints that afford good protection in these common crashes."

In these whiplash tests and throughout the article no mention was given to the amount of property damage done to the car. Can you believe that? This was testing done by insurance companies and they didn't mention a single word about the amount of property damage done to the rear of the vehicle as an indicator of personal injury.  This article mentioned "acceleration", "sudden motion", and "higher forces to the neck."  Well surely these vehicle tested impact at a high speed?

Rear crash protection is rated according to a two-step procedure. Starting points for the ratings are measurements of head restraint geometry — the height of a restraint and its horizontal distance behind the back of the head of an average-size man. Seat/ head restraints with good or acceptable geometry are tested dynamically using a dummy that measures forces on the neck. This test simulates a collision in which a stationary vehicle is struck in the rear at 20 mph. Seats without good or acceptable geometry are rated poor overall because they can't be positioned to protect many people.

If you are currently dealing with an insurance adjuster or company on a wreck claim, print this article out from IIHS' website and send it to them.  Make sure you highlight the portions above if you have been in a rear end collision. It may not matter because they only do what their computer tells them but it will make you feel better.

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Liv Osby of "The Greenville News" reported that pharmacist Rick Hansen, a pharmacist in Greer, SC,  launched an informative and helpful website for those taking, needing, or wanting medication and/or other health-care issues. Mr. Hansen's website covers many areas:

• Need to see if the pill you just got from the drug store is the right one? It's on his site.
• Want to find out about drug interactions? It's there.
• An interactive "Ask the Druggist" e-mail enables patients to pose questions they may be uneasy discussing in person.
• There are links to WebMD, the National Institutes of Health and Medicare
• There is information on drug discount cards, help paying for pharmaceuticals for those who can't afford them, and there's a place to see whether the latest alternative therapy really works.

In the article, Mr. Hansen stated:

"I had so many patients who came in asking questions, whether it was about Medicare Part D or how to get the best price on a prescription, and I was more than happy to provide the answers... Then one day, I was at home on vacation and I didn't have anything to do, and I said, 'I'm going to start a blog to help people get the right information.' It just developed into a Web site."

If you have medical questions visit his blog/website at http:/www.SCPharmacist.net

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The current guy in the White House has set forth a proclamation in his waning hours as Chief Executive:

The United States was founded on the principle that government must respect people's rights to speak freely, worship as they choose, and pursue their dreams in liberty. As we remember the enduring importance of our Constitution's Bill of Rights, our thoughts turn to those who have yet to secure these precious liberties. During Human Rights Day, Bill of Rights Day, and Human Rights Week, Americans celebrate the rights bestowed upon all by our Creator and reaffirm our deep commitment to helping those whose desire for liberty and justice is still dismissed and denied.

In a free society, every person is treated with dignity and can rise as high as their talents and hard work will take them. Yet in countries like Belarus, Burma, Cuba, Iran, North Korea, Sudan, Syria, and Zimbabwe, fervent pleas for freedom are silenced by tyranny and oppression. So long as there are people who fight for liberty, the United States will stand with them and speak out for those who have no other voice.

Freedom is the eternal birthright of all mankind, and during Human Rights Day, Bill of Rights Day, and Human Rights Week, we renew our commitment to lead the cause of human rights and pray for the day when the light of liberty will shine on all of humanity.

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim December 10, 2008, as Human Rights Day; December 15, 2008, as Bill of Rights Day; and the week beginning December 10, 2008, as Human Rights Week. I call upon the people of the United States to mark these observances with appropriate ceremonies and activities.

IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of December, in the year of our Lord two thousand eight, and of the Independence of the United States of America the two hundred and thirty-third.

GEORGE W. BUSH

The Blawg Review site had a very interesting YouTube clip that provided a more visual reminder of our liberties.

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I had never heard of methamphetamine referred to as the "Devil's Drug", until I saw what a crushing blow it could have on a local family, leaving young children and a loving wife in its wake. 

It's hard for loved ones and even addicts to reach out for help but there are so many resources made available that I felt compelled to list some of them:

• The Substance Abuse & Mental Health Services Administration of the U.S. Department of Health and Human Services has a  FACILITY LOCATOR FORM.
• Narcotics Anonymous has an NA Meeting Finder that finds the closest group to your location.
• Crystal Meth Anonymous- more of an on-line resource.
• Meth Addiction Recovery- is a very interactive website that was very impressive.
• Additional on-line information and research indicates an abundance of groups formed to fight meth addiction: Recovery Connection; Mother's Against Meth; Youth Against Meth; Just Think Twice; David Parnell:Facing the Dragon; Say No to Meth
• Prayer

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David Dykes of "The Greenville News" is reporting that U.S. District Judge G. Ross Anderson Jr. will vacate his position as a full-time federal judge next month.  In true form, this move would allow President-elect Barack Obama to nominate his replacement.

Judge Anderson reported to "The Greenville News" that he will remain with the court as a senior judge for the District of South Carolina, stating:

"I will carry only a 25 percent caseload."

As Dykes reports:

• Sen. Ernest F. "Fritz" Hollings recommended Anderson for his current position and President Jimmy Carter nominated Anderson in 1980;
• Anderson, a native South Carolinian, has worked for years in a federal building in Anderson that bears his name;
• He is among the nation’s most recognized and honored judges and is known for his firmness and fairness;
• He recently received a lifetime achievement award from the South Carolina Association for Justice, the state’s trial lawyers group. (Anderson is one of the association’s 12 original founders and served as president in 1971-72); 
• Anderson is a 1954 graduate of the University of South Carolina School of Law;
• Anderson has received the Order of the Palmetto, South Carolina’s highest civilian honor;
• He was a member of the South Carolina House from 1955 until 1956;
• He had a private law practice in the city of Anderson from 1954 to 1980;
• He was a legislative assistant to U.S. Sen. Olin Johnston of South Carolina from 1947 until 1951 and 1953 until 1954; and
• Anderson served in the Air Force from 1951 to 1952.

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Short Answer: I'm not. I do not believe I have ever met anyone by that description in my profession either plaintiff, defense, corporate, tax, real estate, or otherwise.

The past three years I have been working in this state after having met the requirements set out by the Supreme Court of South Carolina by passing three days of testing for the state Bar Examination and adhering to the South Carolina Rules of Professional Conduct under Rule 407.

However, just to get to that stage I had to:

• graduate from a reputable four year university or college with an above median grade point average;
• graduate and acquire my Juris Doctorate degree from a three years of legal education at a law school which was approved by the American Bar Association (and in doing so incurring over $125,000.00 in student loans);
• pass the Multistate Professional Responsibility Examination (MPRE);
• complete my Rule 403, SCACR Trial Experiences to be certified to appear as counsel in any hearing, trial, or deposition; and
• convince a practicing attorney to hire me straight out of law school with no true practical experience;

You always hear people say:

"I should be a lawyer. I thought about becoming a lawyer but just didn't have the time. I wish I was a lawyer. I took the LSAT and just decide not to go."

I decided to become an attorney. I worked hard, made sacrifices, went in debt because I could not afford it, and delayed my earning capacity while my peers from college started upon their careers.

Prior to becoming a lawyer, I worked for the American Red Cross as an Apheresis Recruiter in Columbia, South Carolina.  This is a much more entailed process than giving blood but my sales pitch was always this:

If you or someone you loved had cancer and was in need of platelets or whole blood wouldn't you expect the hospital to provide you with those necessities? Why are you willing to receive it but not willing to give it?

In turn, you expect competent legal representation if something were to ever happen to you or your family but you're not willing to give the profession the praise it deserves.

Why are you willing to receive it but not willing to give it?

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P.I.P, or Personal Injury Protection/Medical Payments, insurance coverage is not well known or well publicized.  This type of insurance coverage can play a crucial role if you or someone you love is involved in an automobile wreck.  The most advantageous element of this coverage is the "no-fault" aspect. 

• S.C. Code Ann. § 38-77-144 indicates that PIP coverage is not mandated but if an insurer sells no-fault insurance coverage which provides personal injury protection, medical payment coverage, or economic loss coverage, the coverage shall not be assigned or subrogated and is not subject to a setoff.
• What does all this mean?  Insurance is just that- insuring against a potential risk.  As I mentioned in my "Full Coverage" article, you get what you pay for. 
• PIP is optional insurance coverage and is relatively inexpensive.
• PIP covers you and the other occupants in your car that have your permission to be there. 
• If you cause the wreck, you still have coverage. 
• If you did not cause the wreck, you still have coverage IN ADDITION to any personal injury claims that may arise.

G.I. Joe always helped information sink in when they parted by stating,"Knowing is half the battle!"

Tell your insurance agent you want PIP/Medical Payments coverage on your insurance policy-today.

DISCLAIMER: I do not get kickbacks from insurance agents! However, if you have been injured, I can not go after coverage that you never had to begin with!

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Headed down to Atlanta this weekend to learn how to be a better attorney through the help and guidance of more seasoned veterans.

As the South Carolina Association for Justice's website indicates:

This seminar has been described as "the best seminar in the region, if not the country". Each year the SCAJ's Auto Torts Seminar is scheduled for the first weekend after Thanksgiving weekend at the Ritz Carlton Buckhead, in Atlanta Georgia. Trial lawyers from across the south gather to hone their skills, earn 10 hours of CLE credit (including 1 hour of ethics) and experience the best holiday shopping, entertainment and food Atlanta has to offer.

A rigorous schedule of intense seminars and break-out sessions squeeze in plenty of "independent time" for further reflection.  The sacrifices a poor, plaintiff's attorney makes in trying to better their trade.

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It sickens me to my stomach to think about how much so many families, loved ones, and friends are now grieving as a result of random accidents this past holiday weekend:

• A popular Charleston chef was killed and his wife injured late Saturday after authorities say their car was hit head on by another car traveling the wrong way on the James Island connector. (The at fault driver was charged with two counts of felony DUI and child endangerment).

• A young, gentleman riding a bike was struck and killed in a hit-and-run incident this weekend in Charleston.  (The at fault driver was found and charged with her 4th offense of driving under suspension).

In both cases the alleged at fault drivers should have never been on the roadways in South Carolina due to their intoxicated state and failed procedural requirements- yet they were. The first part of the Serenity Prayer comes to my mind:

"God grant me the serenity
to accept the things I cannot change;
courage to change the things I can;
and wisdom to know the difference."

I am no friend to insurance companies but I know that as a trial attorney helping plaintiffs and their families, you have to help me help you. Wikipedia defines insurance as the following:

"..... as the equitable transfer of the risk of a loss, from one entity to another, in exchange for a premium, and can be thought of a guaranteed small loss to prevent a large, possibly devastating loss."

Learn the most you can about the proper health insurance, life insurance, auto insurance, etc. that you and your family can reasonably afford.  Feel free to call upon our office for advice because once something bad happens, it's too late to get coverage.

(Click on the hyperlinks, or red colored words, for additional research and articles)

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