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

I was surprised with the amount of fatalities we were having on Interstate 85 back in July of this year and wrote, "Wrecking' Havoc on Interstate 85 in Upstate South Carolina". There were too many fatalities occurring in such a short period of time on the same stretch of interstate that runs from the Georgia/South Carolina border to the Greenville/Anderson County line.

Local journalist, Rick Spruill of the Anderson Independent, took this research on I-85 to a new level in his article entitled, "Pressure Cruise: Traffic Increase on I-85 in Anderson County". Some interesting points to consider are:

• An average of 46,277 vehicles travel daily through Anderson County along the interstate between S.C. 24 near the Georgia state line and S.C. 153 near the Greenville County line;
• Overall, I-85 sees more fatalities over a much shorter distance than other interstate corridors running through South Carolina such as Interstate 95 or Interstate 20;
• According to the most recent data available from the South Carolina Department of Transportation, in 2007, I-85’s 107 miles of interstate were the site of 354 traffic fatalities in South Carolina;
• According to TRIP (The Road Information Program) vehicle traffic in South Carolina is expected to increase by almost 50 percent by 2025, after jumping 45 percent between 1990 and 2007;
• In 2008, the financial cost of all collisions that happened on I-85 in Anderson County totaled more than $22 million;

In the article, Lance Cpl. Kathy Hiles of the South Carolina Highway Patrol said,

“Unfortunately, we have more distractions than ever with cell phones, GPS units and PDAs with e-mail access. ... Anything that takes you away from the task at hand should be kept to a minimum. It only takes an instant of distraction to create a lifetime of regret.”
 

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In my article, "How Do Insurance Companies Make Money?", I go over Profit = earned premium + investment income - incurred loss - underwriting expenses.  However, it is not my intention to be that technical this time around. 

Insurance companies have many different layers, or divisions, but you as the client, or insured, interact with insurance companies on only 1-2 levels:

1. Insurance Agent -sells varying forms of the insurance, or service.
2. Insurance Adjuster - protects the insurance company from losing money on the service for which you paid for the insurance company to provide to you by way of a premium and insurance contract (policy). Adjusters minimize the "incurred loss" in the above equation.

As to the Insurance Agent:

It has been my experience that these professionals provide you with information on the varying types of insurance-- property, casualty, life, health, and disability. They should review the different policies they have available and the coverages which those policies provide, along with the price.  However, they are not usually legally oriented or familiar with the "back door" aspect of what they are selling.  Meaning, they are doing exactly what they are suppose to be doing, "selling insurance".  Your insurance agent will most likely refer you to the nearest consolidated insurance claims center if you were to need the service you paid for by way of an insurance claim. 

For example: if you were injured in an automobile wreck, lost your shingles when a storm came through, and/or the property or person you bought insurance on was damaged/injured in anyway.  Your insurance agent does not usually handle that, they refer you to a claim center with insurance adjusters. If your insurance agent is kind enough to assist you with the insurance claim procedure they still have no authority, or impact, in how the claim is resolved.

As to the Insurance Adjuster:

They are usually not in the same state as you.  If they provide you any information about your legal rights please ask them if you can record the conversation or get everything they just "counseled" you on in writing.  Insurance adjusters have not passed any state Bar requirements to be lawyers and/or offer legal advice. They work for the insurance company that makes money when it brings in more premiums that are paid by their clients than it pays out in insurance claims.  Their interest are not aligned with your interest as they are evaluated on ensuring that insurance claim payouts are minimized.

Read-One of the factors that an insurance adjuster is evaluated on for their job and them keeping it is to offer you the least amount of money possible for your injuries and/or property so that their employer, the insurance company, maximizes its profit.

Common Misconceptions I hear all the time in my office:

• I thought they would do the right thing; (Why would you think that? Again, your insurance agent may be the kindest person in the world but that is not who you are dealing with.)
• I have never had a problem with my insurance company the 20 years that I have had them; (How many times have you had to file an insurance claim? Oh, now the light bulb goes off.)
• The insurance adjuster told me I didn't need to get an attorney or another appraiser; (Now why would they not want you to get an opinion other than theirs? *hear Jeopardy music*)
• The insurance adjuster said I couldn't go see the doctor; (Why are you listening to anyone other than a doctor in regards to medical advice?)
• I don't want to sue anybody; (80-90% of the time no law suit is filed. If one is filed it may list the negligent party but that is because insurance can't be mentioned in a trial. The insurance company is the one that actually defends any law suits you bring and pays money up to their coverage amount if a verdict is rendered.)

 All I ask is that you be informed and educated on the interest of all the parties involved and not just assume anything. 

“Knowledge is of no value unless you put it into practice.” -- Anton Chekhov

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Too busy to make time for this and that, have to try and sign up this new client that really needs my help, one of my rentals is almost finished and I need to show it to potential renters, need to have my car looked at, need to have my back looked at, have to establish new relationship with local bank, (blah, blah, blah)...

Let's just forget it all and go enjoy a wet Saturday at Clemson with a beautiful date. Then make the rounds to all friends and family, go enjoy some box seats and finally sit down to watch the game. Tigers run down the hill to start the game and I jump up to enjoy some of the box amenities...

Who's that bald kid behind me? I bet he has cancer. I will talk to him when I get back down there. Wait, I know that bald kid, that's Chase Hamm and his mother, Melissa. ( A young man that grew up in the same town I did, went to the same high school, and is currently battling a brain tumor.) I turn around to say hello and I am greeted with a strong, yet excited handshake from Chase. We immediately recognize a bond and the struggle he is currently going through without saying a word. I couldn't help but be reminded  of 14 years back to a similar time in my life with a mother that carried the same expression on her face. A look of a mother willing to do anything to give happiness to her sick child, one of exhaustion, and one of relief that someone around her may actually be able to relate rather than look on with ignorance and/or pity.

During one point in our conversation, I realize my eyes are feeling really red and starting to fill with water. I dont have time to rush out of the room and I have not burst out crying since I watched my mother take her last breathes on her death bed.  I am able to turn toward the game in time and quell the eruption coming from my stomach. I think I do so without anyone noticing but that was not the case, especially given the silence of all parties. 

To hear how elated both Chase and is mother were to be able to attend the Clemson game helped me remember the simple joys in life.  When life was not the luxury I enjoy today by being able to physically do as I please. Not being restricted by my "counts", ie hemoglobin, white blood cells, and platelets.  It was bitter sweet how this outing back home may help them recharge for another couple weeks of battling in the trenches at St. Jude.  Chase was also excited to watch his cousin play for the opposing team, Coastal Carolina.   

Seeing Chase helped on several fronts:

1. It was a reminder of where my life was and where it is now;
2. A reminder to snap out of that typical American nature to be so caught up in everything that you don't see anything;
3. A refresher that no amount of possessions will replace love and companionship;
4. That cancer was the best thing that ever happened to me because I have experienced, accomplished, and obtained more in the 14 years of extra life than most do in their lifetime; and
5. Normal people are boring, crazy is cool. 

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I started this blog with no idea what to expect or how I would have the time to write articles.  However, I went ahead with it by contacting LexBlog and getting the infrastructure in place.  My first article was "China Tries to Kill Pebbles" on November 2, 2008. It has been good times ever since. 

The traffic count and interest has grown exponentially and it allows me an opportunity to fight the barrage of poor media, misinformation, and misleading advertising that many insurance companies conduct.  It also levels the playing field for me to give an inside look at what really goes on in the plaintiff's battle against evil insurance companies. 

It should be apparent from a large percentage of my posts that:

• I hate Allstate and think they are unprofessional, unethical, and ignorant;
• I am cancer survivor and both celebrate and struggle with that;
• I work in upstate South Carolina   and focus first on statewide issues and then on national issues;
• I enjoy being a plaintiff's attorney because I enjoy working with normal, everyday people and not corporate clients that are buffoons;
• I love to fight, more in the courtroom than out of it in my older years; and
• Thanks to my life experiences (cancer, death of a parent, and internal struggles with those issues); I think I can achieve most anything with hard work, thought, and communication.

Thanks for stopping in for a quick read, interesting article, and/or for being a groupie of South Carolina Injury Law Journal.  It's only going to get better, more informative, and more insightful.

Take it away "Little River Band".........

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