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

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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In legal circles, insurance circles, and amongst colleagues of both sides of the coin, plaintiffs and defendants,  there is an on going understanding of how awful Allstate Insurance claims adjusting and case evaluations are in comparison with reality and fairness. 

I tell everyone that comes in my office how bad Allstate Insurance company is when it comes to providing a fair or reasonable offer on their personal injury claim. Again, truth is an absolute defense to any potential libel or slander claims so I want to put forth the TRUTH about Allstate:

1. Insurance adjusters for other insurance companies have resolved their portion of a claim with me and said, "Good luck"; "I wouldn't want to deal with them", "I don't see how they haven't been shut down by the state", in reference to resolving the other portion of the claims with Allstate;
2. I have been told by an Allstate insurance adjuster that regardless of what my client's treating physicians said they were not paying the claim because she didn't think my client was hurt. (She may have had a college degree but no medical training or certification);
3. Allstate insurance representatives (in SC) have openly discussed with me how bad the company is run, how ridiculous the claims process is for them to get any authority, and how a machine (Colossus) tells what your claim is worth, not a person;
4. Allstate adjusters have told my clients (prior to my representation), that they can't possibly be hurt because of the collision they were in and need to settle the case because an attorney can't help them;
5. A year or two ago they use to have a system to try and move cases and it didnt matter what happen or what injuries the client received. It was based solely on medical bills. From $0-2,500 they would offer $500; $2,500-7,500 a $1,000 and so on but no more than $2,000 regardless of the amount;
6. I have had numerous cases where they offered to settle for less than or equal to the medical bills and then I file suit and go through the litigation motions only to settle for a reasonable value and absolutely no facts, medical bills, or circumstances arose that would merit such an increase other than the fact, I filed suit.  (one such instance was so ridiculous that my client had a $15,000 offer and absolutely nothing changed but litigation was initiated--we settled for nearly half a million); and
7. More than half a dozen defense attorneys I work with have made this specific statement when discussing Allstate cases, "Well Trey, you know this is Allstate........."  (No other insurance company is mentioned in that regard).

Why do I hate Allstate Insurance Company so much?

• I do not believe they conduct their insurance practice in good faith;
• Their commercials grate on every nerve I have when I know how poorly they treat their own insureds (what you are if you have Allstate Insurance), much less victims injured by their insureds; and
• Consumers (you if you buy anything) are not educated on the front line about what they are buying and then they are being taken advantage of by their own insurance companies.

My solution:

1. I have decided to fight Allstate regardless of the time, resources, and value on the claim;
2. I educate every person I see, regardless if they become a client, on insurance and how bad Allstate conducts claims;
3. I remain an active voice for those that have been deceived, manipulated, talked down to, and dejected by uninformed, uneducated, and ignorant Allstate representatives; and
4. I blog when my blood pressure gets sky high because an Allstate adjuster just offered me $1,200 over medical bills of $12,800 and did not dispute that their insured was at fault or the injuries my client received. When I asked the reasoning for the offer and he gave some BS answer I made the comment that I don't know why I even ask anymore and he said, and I quote verbatim, "Yeah, I don't know either. I came from another claims office and it just seems like a waste of time."

I am always open to hearing the other side of this issue or in lieu of no one having anything good to say about Allstate either, more war stories of how bad they are. 

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I had a good question today by a reader that inquired as to why he had to file suit against the person that harmed him without putting down the insurance company that he had been dealing with.  That is an excellent question and presents so many layers of legal analysis that I am merely going to skim the top and provide a somewhat basic version.

It's because insurance companies lobby big money to be the "man behind the curtain" without ever truly having the target on their backs.  In a trial you can not mention "insurance" for either party regardless of type, ie health insurance, homeowner's insurance, and automobile insurance. Those are considered collateral sources and are not to be given weight by an impartial jury. Yes, yes, we all know about "insurance" even if we were in that magical jury box but it can not be talked about in court by either attorney, plaintiff, or defendant. 

We all know that when you are harmed/injured in a wreck by the negligence, omission, and/or ignorance of another, that person's liability insurance will have to assess the personal injuries and property damage that arise out of all wrecks. OR the "uninsured" policy of your automobile insurance will cover the property damage and personal injuries because the at fault person is without insurance.  Yes, that means your insurance company defends the at fault party against you.

Often times after you leave the scene of the wreck, or incident, in question you never speak with the responsible party. However, you are contacted by the responsible party's insurance company that then gives you the cold shoulder or acts like you did something wrong.  (I appreciate them doing that because it makes my life so much easier).

OR in a really ironic turn of events, your insurance company then defends the at fault party against you because they really don't want you to just walk away with those premiums you have paid for the past couple years.  You have to earn them by fighting your own insurance company for compensation for your injuries and property damage! Hilarious, I know.

Seek legal advice anytime insurance companies are involved. You don't have to retain legal counsel but it doesn't cost you anything to hear what the law really is in a personal injury case vs. what insurance adjusters reading from a computer to save their company money say it is.

I'm just sayin....

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I started blogging back in November of 2008 therefore with the closing of the 2009 calendar year, this will be my first (1st) full year in review.

There is little doubt from my background, occupation, and particular writing style that I hate insurance companies. I have highlighted those articles I wrote throughout the 2009 year that provide the biggest return on investment for my readers. I hope that you have enjoyed reading my blog, regardless of your own personal beliefs and opinions, as there are always two sides to any issue.  

South Carolina Foreclosure Sale: My Personal Experience

Given the current economic climate and the many more foreclosures I feel will be coming on the market in the first quarter of 2010, this is a good read for those of you thinking houses are bought for $1.

What Can I Do About Property Damage to my Car After a Wreck?

Numbers speak for themselves and more than likely you will be involved in a wreck. If the wreck is bad enough to cause any property damage you do not necessarily need a lawyer.

South Carolina Property Arbitration for Depreciation, Loss of Use, & Actual Damages

This article goes into more depth than the one above when the insurance company jerks you around over something so easy to determine value such as property.

Dogs Bite, Owners Pay: South Carolina Dog Bite Law

There is no one bite rule in South Carolina. This is strict liability and if your dog bites someone else anticipate some insurance payout.

Insurance Companies Don't Care About You: They Care About Your Premiums

I say what others think and know. This is no different and you should understand the logistics.

Allstate Insurance's "Good Hands" are Wrapped Around Your Throat!

They are awful. The worst insurance company you could possibly use in my personal opinion. I can tell war stories against Allstate for days on cases I had just in 2009. Please stop letting such blatant insurance abuse happen by using the worst insurance company out there.

Insurance Claim Game: 10 Tips to Follow

When you are injured in an automobile wreck these tips may help you avoid having to hire an attorney on a smaller case. 

Tips for Young Lawyers on Being Trial Lawyers

After four full years of practicing and being thrown into a trial the first couple months as a lawyer, I guess I have learned some things. I am just excited to still call myself a young lawyer at 31.

Graduation Speech for Mid-Carolina High School 2009

I was blessed and honored to come back to my high school and give the commencement speech.

F___ You If You Have Never Had Cancer!

After my uncle was diagnosed with cancer and started his battle earlier in the year a flow of emotions and memories were brought back from my experience some 14 years ago. Sorry for the language but it was what I was feeling at the time.

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I am amazed every day with comments made by insurance adjusters or agents, servants, and/or employees working on behalf of insurance companies. Regardless of whether it has to do with my personal health insurance, automobile insurance, property insurance, and/or other types of insurance.

It all boils down to insurance companies belittling, discrediting, discounting, ignoring, amending, omitting, and/or re-creating invoices, or bills, legitimately charged by professionals for services rendered.--Trey Mills

Let's look at a few recent examples I have run across just this week:

1. I needed medical treatment so I went to a medical professional, aka, a medical doctor. This medical professional went to school for over 20 years to be a licensed medical professional. The physician provided me with medical advice and treatment I needed. I filed it on my health insurance and when it was all said and done out of the $110.00 bill, my insurance company discounted it by $55.00 for a "network discount".  I paid my $25.00 co-pay and because I have not met my $2,000.00 deductible, I owe the $40.00  remainder.  What the heck did the insurance company pay for? I am pretty sure if I was uninsured and had the ability to pay in cash I would have gotten a 50% reduction = $55.00. Instead, since I had health insurance, I had to pay $65.00. (Health insurance is truly for cancer and other catastrophic injuries/illnesses that happen in life. Other than that, bend over). There was a great article in the L.A. Times entitled "Why Require People to Buy Health Insurance". Admittedly, I would rather have things privatized than governmentalized but what is the difference between an extra tax and mandating people pay insurance premiums? You say tomato. I say tomato.
2. I wrecked my car so I went to the only local certified manufacturer of my car within 100 miles and had the parts repaired and replaced. Since the wreck was not my fault, I notified the at fault party's insurance company and requested they pay my repair bill (actual costs), my rental bill (loss of use), and depreciation. The at fault insurance company discounted my repair bill by over $300.00 because they felt it was over priced, offered me $10 a day for a rental car, and said that they do not recognize depreciation. (South Carolina law does and when I filed "Arbitration Pleadings" they paid me almost double their original offer). 
3. I have rental property so I needed insurance for those rental properties. One of my houses is centrally located within four houses from Falls Park in Greenville,SC. The lot alone is valuable, not to mention the "historic" two story house that is being remodeled. However, the replacement costs for the house, per the insurance estimate, is astonishingly low. I wonder what builders or estimators are providing those costs? I need to get them in there remodeling the house but then again, it would probably be put back together with glue and toothpicks.

"If I only had a ........ 

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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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The South Carolina General Assembly Legislative Audit Council performs independent, objective performance audits of state operations. Their main goal is to ensure accountability in the management of public resources.

The Greenville News reported  "SC Consumers Paying Too Much For Insurance". The Legislative Audit Council found mismanagement on the part of the SC Department of Insurance in ensuring South Carolinian's best interest in the following areas:

  • Workers’ Compensation Insurance
  • Coastal Property Insurance
  • Overall Regulation of Insurance
  • Captive Insurance

Interestingly the report doesn't talk about trial attorneys are runaway juries, it mentions more the mismanagement of the department in holding insurance companies accountable.  Oh well, no one will read the small print or take the time to read the report. What do they care? It will just raise their rates and make insurance companies tons of money. Ha. Ha. At the expense of South Carolina citizens. How funny is that?

Call and complain. Ask for accountability people. You pay taxes & insurance.  If you can't trust the State to do its job why are you getting upset at attorneys for protecting your interest?

The phone number and address to the South Carolina Department of Insurance is below:

803-737-6160
803-737-6205 - Fax       

info@doi.sc.gov

Post Office Box 100105
Columbia, SC 29202

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I receive several promotional emails, flyers, and mailers everyday but for some reason last week, an idea and a promotional email caught my eye.  As insurance companies try and become even more gluttonous with profits they are stream lining their claims process by shedding the intelligent, experienced, and knowledgeable adjusters for younger, inexperienced,"read from a script" warm bodies. These seasoned adjusters that are being replaced have figured out their years of service may be valuable to their adversaries, PLAINTIFF TRIAL LAWYERS!

Maurice Kraut of Mass, LLC, formerly an insurance claims representative for Ohio Casualty and Montgomery Insurance for over 30 years, recently provided some valuable insight to our firm.  No matter whether a litigation firm negotiates first and then files suit or just files suit, they still have to interact and work with insurance adjusters that assist in the evaluation and valuation of injury claims for their respective insurance companies.  

Mr. Kraut helped evaluate our logistical approach to settling claims, settlement packages and content, and did some case reviews with us. I found his presentation to be helpful to my staff, myself, and more importantly to our clients that will reap the benefits of our improved efficiency and effectiveness. 

Maurice Kraut's website states: 

"My 30 years experience in Claims Management along with specialized education and technical expertise has enabled me to achieve expert status in the following areas:

• Bad Faith
• Insurance Claims Handling
• Insurance Claims Management
• Coverage Issues
• Liability and Damages Evaluations

I have testified in both State and Federal court cases. Please call me to discuss your case anytime."

MASS, LLC
655H Fairview Road  #350
Simpsonville, SC  29680
(864) 757-1058

 "Change is the essence of life.  Be willing to surrender what you are for what you could become." -- Unknown author

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I represent plaintiffs, or those injured by the negligence, ignorance, and omissions of other persons, employers, and corporations,  100% of the time. Conversely that would mean I work against defendant's that have injured my client. OR DO I? Yes and no.

Actually, I work against defense attorneys that are paid hourly or on retainer by insurance companies. These insurance companies hire defense attorneys to protect them when their insured, or client that pays for insurance, does something wrong.  Understand?

Let's look deeper. We all buy insurance. We buy insurance up to a certain amount and pay a premium.  That premium is paid to an insurance company to protect our interest if something goes wrong or something bad happens. We usually pay that premium towards a particular amount of coverage to have the insurance company come in and protect us when something goes wrong. Do insurance companies really protect their insureds?

Now let's talk about insurance companies:

• Did you know if someone hits you without auto insurance that your insurance company, the company you pay your premium to protect you, stands in place of the person that hit you without insurance?
• Did you know if a drunk driver hit you and hurt you so badly to require more than your insurance coverage and you were smart enough to purchase UIM, or underinsured coverage, that your insurance company will stand in for the drunk driver and protect them against you stacking that coverage?
• Did you even know you could stack certain insurance coverages?
• Did you know that insurance companies pay lots of money for expensive software and research programs that let them know as much about you as possible?- ie Ever watch one of those movies where if it has ever been put into a computer or mainframe system they know? (Those aren't science fiction movies anymore). Confidential medical records--ha ha. Funny.

Defense attorneys love to point out shiny objects in your past. If you have ever hurt yourself in the past then they will say that was the result of your current injury not the fact that the person they are paid to protect by the insurance company ran their 5,000lb car into your front seat.  In their minds it was most likely a result of the fall you had when you were 3 years old and it just never healed right.  Understand better?

Certain things can not be brought in front of a jury at trial regardless of how relevant they may be to a lay person:

• I can't bring into evidence the ticket the highway patrolman gave to the at fault party;
• I can't talk about the defendant's insurance coverage;
• I can't even mention the word "insurance";  

Ironically, defense attorneys get paid by the hour and don't care how quickly the case moves. Remember they get paid by the hour. Would you rush a project that paid you by the hour or would you work at it so long as you could? Also, it helps the premium you pay build interest and that interest to make them money while they stall on giving you any money. Funny isn't it?

If you remember nothing else, remember this:

Insurance companies don't make money paying you money, they make money keeping it away from you.

 Now, who do you think pays for that defense attorney? You or the insurance company?

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Premises liability is often times referred to as "slip and fall" law. A general overview of South Carolina premises liability indicates that:

• To establish negligence in a premises liability action, a plaintiff must prove the following three elements: (1) a duty of care owed by defendant to plaintiff; (2) defendant's breach of that duty by a negligent act or omission; and (3) damage proximately resulting from the breach of duty. See Hurst v. East Coast Hockey League, Inc., 371 S.C. 33, 37, 637 S.E.2d 560, 562 (2006). (emphasis added);
• If you can't demonstrate how the defendant owed a duty of care to the plaintiff then the defendant can move for what is called "summary judgment" and you will not even have your case heard by a jury but thrown out of court. Singleton v. Sherer, 377 S.C. 185, 200, 659 S.E.2d 196 (Ct.App. 2008). See also Hopson v. Clary, 321 S.C. 312, 314, 468 S.E.2d 305, 307 (Ct.App. 1996);
• The nature and scope of duty in a premises liability action, if any, is determined based upon the status or classification of the person injured at the time of his or her injury. Singleton v. Sherer, 377 S.C. 185, 200, 659 S.E.2d 196 (Ct.App. 2008). See also Sims v. Giles, 343 S.C. 708, 715, 541 S.E.2d 857, 861 (Ct.App.2001);
• South Carolina recognizes four general classifications of persons present on the property of another: adult trespassers, invitees, licensees, and children. Different standards of care apply depending upon the classification of the person present. Singleton v. Sherer, 377 S.C. 185, 200, 659 S.E.2d 196 (Ct.App. 2008). See also Larimore v. Carolina Power & Light, 340 S.C. 438, 444, 531 S.E.2d 535, 538 (Ct.App. 2000) ("The level of care owed is dependent upon the class of the person present.")

Understand premises liability in South Carolina now? I didn't think so. I haven't even had a chance to detail out the law on each one of the above mentioned categories of persons present on the property of another: (1) invitee (2) licensee (3) adult trespasser (4) child.

I didn't have a chance to mention "Assumption of the Risk" and "Open and Obvious" defenses the defendant's attorneys often times raise in an effort to downplay their client's negligence. 

Remember what makes these cases harder than the most common personal injury cases:

• No highway patrolman or police officer shows up to the scene and listens to both sides and determines that one side is more at fault than the other;
• No person usually admits guilt; 
• There are usually no witnesses to the "slip and fall", and
• There is usually no camera or surveillance footage available, contrary to those black bubbles you may see or thoughts that there should be a camera available.

Do some work to assist your attorney in helping you with these cases by:

1. taking any pictures of the area in question to better illustrate the negligent condition of the property;
2. getting a copy of any incident report filled out by the landowner or their agents, servants, and/or employees;
3. write down names and contact numbers for any witnesses that may have seen the slip and fall or come to your aid; and
4. if you are aware of any negligent conditions on someone's property notify them in writing with certified mail and share your concerns with them.

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There was an interesting article put out by the Associated Press in the Sunday edition of the Greenville News, entitled "Deaths Leave Online Friends in Limbo".

The article discussed the importance of having a contingency plan for those passwords, secrets, and other bits of extremely important information that you have stored inside your memory, or head. 

As stated in the article:

David Eagleman, a neuroscientist at the Baylor College of Medicine in Houston, has had plenty of time to think about the issue.

"I work in the world's largest medical center, and what you see here every day is people showing up in ambulances who didn't expect that just five minutes earlier," he said. "If you suddenly die or go into a coma, there can be a lot of things that are only in your head in terms of where things are stored, where your passwords are."

He set up a site called Deathswitch, where people can set up e-mails that will be sent out automatically if they don't check in at intervals they specify, like once a week. For $20 per year, members can create up to 30 e-mails with attachments like video files.

Regardless of what method you use, given this technological era the majority of us have entered into with online banking, emailing, blogging, and other types of social media, a contingency plan is needed. 

Please provide your loved ones, family, and/or friends with an idea of where they might can find information that will better assist them in closing down your estate. I know it is a morbid thought but:

Nothing is certain but death and taxes.

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My question to every single one of you out there is, "What service do you pay for all your life but get penalized for using?"  If your guess was INSURANCE ding, ding, ding, you win.

I'm sick and tired of people coming into my office shocked and dismayed that their insurance company would "drop" them or significantly raise their premiums if they were to ever have a claim on their insurance.  Wikipedia explains the way in which insurance companies make money as:

Profit = earned premium + investment income - incurred loss - underwriting expenses.

Insurers make money in two ways: (1) through underwriting, the process by which insurers select the risks to insure and decide how much in premiums to charge for accepting those risks and (2) by investing the premiums they collect from insured parties.

I have heard this comment,

"I've never had a problem with my insurance company and I have had them for 25 years!"

Well how many times have you had a claim against them or have you just paid your premium every six months for the past 25 years and watched them collect on that premium?

Insurance is a much needed service but don't go armed with a knife to a gunfight when dealing with them. Hire an attorney. You wouldn't call a plumber to fix your car. Why trust an insurance adjuster that is paid to make money for their employer?

"Insurance ain't nothing but a tax you have to live with. Cause you can't get anything without it and it won't pay you back." --Client

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If you have been through a financial class, statistics, or done some investing, you understand the terms of Present Value and Future Value. I am not going to work through PV at present: PV = FV — r·PV = FV/(1+r). However,  "a bird in the hand is worth two in the bush," is a much simpler term for me to understand.

I recently went through two mediations back to back and this analogy and/or theme seemed to prevail throughout the whole process. I find it interesting that many of my clients never want to "sue" anyone but they also want top dollar for their claim without ever having to file a complaint and undergo the litigation process.  That can be done but there are certain compromises that have to be made due to the present value vs. future value dilemma.

Working exclusively on personal injury cases in civil trial court, I work on a contingency fee basis for my clients. This means I work for free UNLESS I negotiate, take to trial, or otherwise render them a lump sum payment for the wrong that they have incurred as a result of someone or something's negligence.  If I am able to provide them with a lump sum payment, my firm receives a percentage of that settlement, usually between 33.33%-40%, plus any costs that we have advanced on behalf of the client, ie medical records, depositions, court fees, expert testimony, etc. These costs grow exponentially once a lawsuit is filed and discovery of that lawsuit initiates.

More work, more time, more rules, more evidentiary backing and factual proof, more expenses, and more contentious interactions come with litigation, or filing a lawsuit.  Therefore, I always like to discuss the amount on the table today vs. the amount we would have to get on the table 2 years from now to be almost equal. For example:

• $150,000.00 offer to settle in the pre-litigation stage would net the client close to $100,000.00 (-) a couple hundred dollars in projected costs.
• If that same client was not happy with the offer and wanted to file a lawsuit, they would have to wait anywhere from 1 1/2 - 2 years for their day in court. Then they would allow 12 strangers on a jury to determine the outcome of their case. Practically this could lead to a defense verdict where they receive $0 or they could be awarded a higher amount. (We will use $200,000.00 for this example). The attorney fee would be at a higher percentage (40%), the discovery costs would be between $5,000.00-$10,000.00, and the client would then net $110,000.00. 
• If there was a mediation and it potentially could settle less than 1 year after filing, the defendant offers a little more at $175,000.00, however, the attorney fee most likely went up, so did discovery costs as referenced above, and the client made between $95,000.00-$100,000.00. 

Sometimes, these values are never offered so there is no Present Value vs. Future Value Dilemma to discern.  I love going to court and doing trials, however, I want to make sure my clients brag about me and promote me to their friends, family, and/or loved ones in a time of need.  That is why I always address the Present Value vs. Future Value Dilemma when it arises.

For those Biblical scholars:

For to him that is joined to all the living there is hope: for a living dog is better than a dead lion. -- Ecclesiastes 9:4
 

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Lassie: "Woof" "Woof"

Cully Wilson: "What's that? Timmy's in the well? "

Lassie: "Woof" "Woof"

Trey Mills: "You just took a hunk out of Timmy's butt totally unprovoked. Who's your owner OR keeper?"

S.C. Code Ann. § 47-3-110: Liability of owner or person having dog in his care or keeping.

Whenever any person is bitten or otherwise attacked by a dog while the person is in a public place or is lawfully in a private place, including the property of the owner of the dog or other person having the dog in his care or keeping, the owner of the dog or other person having the dog in his care or keeping is liable for the damages suffered by the person bitten or otherwise attacked. .... If a person provokes a dog into attacking him then the owner of the dog is not liable.  (emphasis added). 

In Harris v. Anderson Cty. Sheriff's Office, No. 26596, the Supreme Court of South Carolina recently discussed this statute, more specifically the "or" in between "owner of the dog" and "other person having the dog in his care or keeping".  The Court held:

In construing the term “or” consistent with its common understanding as a disjunctive, we hold section 47-3-110 allows a plaintiff to pursue a statutory claim against the owner of the dog “or other person having the dog in his care or keeping.”  Because of the plain language in this statute, we conclude that the Legislature intended to allow a claim against the owner of the dog when another person has the dog in his care or keeping.  (emphasis added).

For lawyers the Court provided an interesting analysis of statutory and common law issues that could arise from an unprovoked dog bite. The Court stated:

[Nesbitt v. Lewis, 335 S.C. 441, 517 S.E.2d 11 (Ct. App. 1999)], presents three scenarios under section 47-3-110 when the attack is unprovoked and the injured party is lawfully on the premises.  First, the dog owner is strictly liable and common law principles are not implicated.  Second, a property owner is liable when he exercises control over, and assumes responsibility for, the care and keeping of the dog.  Third, a property owner is not liable under the statute when he has no control of the premises and provides no care or keeping of the dog.  It is the presence or absence of a duty that determines liability in the latter two situations that involve a statutory claim against the “other person having the dog in his care or keeping.”  To this degree, section 47-3-110 implicates the common law. Our Legislature has spoken clearly in section 47-3-110 that, as concerns a dog owner’s liability, negligence principles in general and fault in particular have no place.  
 

BOTTOM LINE:   IF YOUR DOG BITES SOMEONE UNPROVOKED YOU ARE RESPONSIBLE FOR THE HARM, OR INJURIES.

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I hate to reveal the secrets of personal injury litigation that help me reduce my student loan debt and feed the families of my staff.  However, I was given a second chance at life for a reason and that reason could be to educate you on not getting screwed by your insurance company or an at fault party's insurance company.

As with any legal endeavor the most important factors are the facts and circumstances surrounding the issue, or problem. Each case is different and there is no universal answer for every case. These are the most basic rules I could think of without leading you astray.

1. Liability/Contributor to Negligence- Who? What? Where? When? and How Many?  are questions you need to identify in regards to how you incurred the damages, either personal or property, with your claim.
2. James K. Ferrell of the Memphis Injury Law Blog gives a great 10 Step Guideline to follow after an automobile accident. No need for me to recreate the wheel. I would just replace #10 with "Call Me".
3. Ken Dolan of Dolans.com has an article entitled "How to Win the Claim Game" for property claim tips.
4. Pictures are worth a 1,000 words- take them of the area in question, pot hole, car wreck, broken porch, malfunctioning product, dog biting you, etc.
5. Devil is in the Details- Do not, I repeat, DO NOT trust what insurance claims adjusters tell you. Insurance adjusters work for the insurance company. DING, DING, DING. That means they are not looking out for your interest but their employer’s interest.
6. Yesterday, I had a client come in that had been in a rear end collision and he went to visit with the Farm Bureau adjuster for that at fault driver. The Farm Bureau adjuster offered the gentleman a check for $215.00 for ALL CLAIMS arising out of the accident.  My client was savvy enough to realize that his car alone may have more damage than $215.00 much less the Emergency Room visit, several follow up appointments with his family care doctor, and the MRI that he was sent for in regards to his neck pain.
7. Another time, I had a client hit while exiting a school bus. The Nationwide Adjuster was looking for his parents that night and offered them $700.00 to settle his claim. My client had just gotten back from the ER and referred to an orthopedist for his leg.  I ended up getting them more than $10,000.00.
8. Why do insurance adjusters do this? If they can get you to take a check for $215.00 now before you realize the true extent of your injuries they just saved their company tens of thousands of dollars. 
9. Once you sign the adjuster's form you have just signed your rights away against the at fault party. Read my Can You Read? article. 
10. Consult Someone that Does this for a Living- don’t ask your friend, mama, daddy, boss man, insurance adjuster for the insurance company, or Joe the Plumber. Ask someone that handles these type of cases. Reference my Do I need a Doctor, Lawyer, or Preacher articles.
           a.    When I needed to remodel my foreclosure home, I called a contractor.
           b.    When my Tahoe breaks down, I call a mechanic.
           c.    When I hurt my arm in a wreck, I consulted a doctor.
           d.    When my tooth hurts, I go to the dentist.

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