I would imagine lawlessness abounds greatly in every state but lately it seems so many people are driving without any automobile insurance and/or not even stopping after being involved in a collision if they are able to drive away. 

South Carolina law is clear on the requirements a driver involved in a hit-and-run must meet in order to pursue their own "uninsured" insurance coverage.  S.C. Code 38-77-170 copied below states:

 SECTION 38-77-170. Conditions to sue or recover under uninsured motorist provision when owner or operator of motor vehicle causing injury or damage is unknown.

If the owner or operator of any motor vehicle which causes bodily injury or property damage to the insured is unknown, there is no right of action or recovery under the uninsured motorist provision, unless:

(1) the insured or someone in his behalf has reported the accident to some appropriate police authority within a reasonable time, under all the circumstances, after its occurrence;

(2) the injury or damage was caused by physical contact with the unknown vehicle, or the accident must have been witnessed by someone other than the owner or operator of the insured vehicle; provided however, the witness must sign an affidavit attesting to the truth of the facts of the accident contained in the affidavit;

(3) the insured was not negligent in failing to determine the identity of the other vehicle and the driver of the other vehicle at the time of the accident. (emphasis added).

Some people will try and manipulate the system so there have to be checks and balances to ensure some validity to what is being offered. Otherwise in rural areas of South Carolina every accident "avoiding a deer" would be claimed as a hit and run. Too bad the deer don't carry insurance or have assets.

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Allegations are rampant that State Farm Insurance Company contributed upwards of $2,400,000.00 to an Illinois Supreme Court Justice's campaign for election.  This happened back in 2004 during one of the most expensive judicial races. Why is this really important, you may be wondering? Ever heard of John Grisham's book, "The Appeal"? It was a fictional book, right?

Well funny you ask, you see that same Supreme Court Justice failed to withdraw from participating, or recuse himself, in a billion (that's more than a million) dollar case that was eventually overturned by the Illinois Supreme Court. Or determined that State Farm did not have to pay what a lower court and/or jury had determined they were liable, or responsible, in owing.

Since the Supreme Court justice did not recuse himself, the court did try and determine if there was any bias and it was thought that only $350,000.00 was contributed to the justice's judicial campaign. It was thought this because that is what State Farm Insurance told the Court.

Apparently, that was not true. An FBI investigation found that number to be somewhere between $2,4000,000.00 and $4,000,000.00. Some people have some explaining to do.

I wonder if this could ever happen in little ol South Carolina? You think corporate insurance companies that make billions of dollars in net profits would ever turn their focus on our state? Why do those presidential nominees come from outside their home state to announce they are running in South Carolina?

It's those things that make you go hmmmmmm........

Of course they (insurance companies) are hoping you don't even give it a thought. Look at that shiny thing over there. You already forgot about this story didnt you?

RELATED ARTICLES:

 Illinois court asked to review alleged bias by justice

State Farm Secretly Gave $2.4 Million to Ill. Judge in $1B Case

Petition Claims State Farm Secretly Raised Millions for Ill. Justice Who Voted Its Way in $1B Case

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Driving from Greenville, South Carolina to Anderson, South Carolina every day for work, you tend to notice the regular cars you pass, things going on along the interstate, and creative billboards.  Trust me, I knew when the Motivational Seminars were coming into town, southbound and northbound.

A billboard that made its point today gave me cause to pull over and take a picture. It reads:

 "Stop texting! You almost hit my client. i85lawyers.com."

For all the bad things you hear about lawyer advertising at least this crowd is trying to get its point across to the drivers speeding by at 80mph+  on Interstate 85 (ironically this billboard is right past the 65mph speed limit sign southbound past Exit 35). 

More preventative measures need to be taken so that lawyers and insurance companies don't have to be involved because that means someone is injured or dead. I like my job but I will be successful at whatever, I do. Right now it just so happens to be that I fight for the individual against the faceless insurance company. Maybe with personal injury attorneys turning toward preventative messages and minimizing carelessness on the roadways we are headed for Utopia.

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If 100 people were polled about the the most important aspect of their insurance company, sadly 90 percent would say the cost, or price.  Yet, what good is paying insurance premiums if you are never going to be able to have peace of mind in the time you are in need of that insurance coverage? What? You never thought about actually having to use that insurance coverage?  

Automobile insurance is mandated by most states, homeowners and property insurance is mandated by most mortgaged backed lien holders. When your life insurance policy goes into effect you won't have to worry because you're dead but wouldn't it be comforting in your final days to know that your family will have no additional worries or hassles?

Then do your homework or just Google the insurance company you are thinking about engaging in coverage of your most valuable assets-you and your family! My friends ask me all the time what are the best insurance companies on my end to deal with. Of course I am jaded and cynical but there are those insurance companies that are fair and equitable. There are more that are inequitable and immoral but those are easy to find in an Internet search. Try Googling  "Allstate sucks" to see what comes up.

Chubb Insurance started a recent advertising campaign entitled,  "Who insures you doesn't matter. Until it does."  Chubb states the reason for this advertisement campaign:

A new corporate print advertising campaign reminds commercial and personal insurance purchasers and their agents and brokers that an insurer is only as good as its financial strength and its willingness to pay its claims in a fair, prompt and hassle-free manner.

The reason this campaign caught my attention in a recent magazine was not the headline but the photos. I have posted links to two of my favorite photos from their advertisements below. 

Be in the 90% of people that talk about insurance costs, not in monetary value, but intrinsic value that go much further in your time of need.

1.  Picnic with bull;
2. Golfing with alligator;

Related Articles:

South Carolina's Top Three Automobile Insurance Companies;

Nationwide Is Not On Your Side: Marketing Jingles are Flashy, Fictional, & Frustrating;

Would You Take Advice from the Devil on How to Get to Heaven?: Insurance Company Lies; and

Allstate Policy Holders and Victims Should Know They Are Not in Good Hands.

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You've been injured through no fault of your own and need medical treatment. What do you do when somebody else is responsible for your injuries but their insurance company will not pay up front for your medical care? Instead they will offer you payment all in one lump sum upon you reaching maximum medical improvement.  How do you get from where you are to where you need to be?

1. Don't sign anything from the at fault party's insurance company or do a recorded statement until you are in a the right state of mind to do so.  That does not mean in the hospital bed with a morphine drip hours after the traumatic incident. Regardless of what the insurance adjuster says, it can wait and it will not expedite anything. It could only complicate things. (It's never a good idea to sign anything from an insurance company without at least talking to an attorney-most times without any costs to you);
2. Seek treatment from an emergency room or minor care facility where there is no appointment or prior consultation necessary.  Only you can judge the need for emergent medical care based on your injuries and pain level, no one else;
3. If you have health insurance, Medicare, and/or Medicaid file all medical care you seek with those providers. Yes, someone else caused your injuries. Yes, you will have to reimburse them for expenses paid. HOWEVER, those expenses will be less than had you not filed through the benefits mentioned above because of the reduced, contracted rates they have with medical providers. (Darren Tobin wrote a great article on this reimbursement process, known as subrogation, entitled "Understanding Subrogation-Why You May Not Be Keeping It All".);
4. If you have no means of health insurance you can still be seen at the emergent facilities in your area or free clinics. Make sure you have a copy of the form filled out by the trooper if you were injured in an automobile accident. If from other negligence, be sure to indicate to the doctor how you ended up being injured and in need of medical care. Details are important, both in the doctor's understanding to provide efficient & effective care and in determining the proximate cause of your injuries;
5. If you have a primary care physician you have previously visited and sought care from make an appointment with them and explain how you ended up being injured and be detailed with your specific complaints;
6. If you are a doctor, nurse, and/or otherwise medically trained & educated do not seek gratis, undocumented care because you know what your injuries are or what to do to make them better without anyone but you knowing. That is the worse thing you could do. As a well known Greenville attorney told me, "Insurance companies are like the Russians during the Cold War...."  What does that mean? Don't confuse them. By not having documentation from a third party about your injuries, it confuses them. They don't know how to value that so they don't; and
7. If you are hard headed or adverse to medical treatment, okay. Just don't expect the insurance company to put a value on your "pain and suffering" sitting at home without anyone knowing what you have endured but your loved ones. If it is not documented, you are not injured in the mind of the insurance company. If you wait weeks after the incident that injured you, insurance companies call that a "gap in treatment".  Essentially giving them more reason to low ball you or make excuses on how you were injured other than reality.

I know you don't know what to do. I realize you think the insurance company will take care of you because you didn't ask to be put in this situation. Plus, it was the person, company, and/or entity they insure that put you in this condition.  I understand you have values and morals where you would treat others as you would want to be treated.

However, my job is not to help you strengthen misplaced beliefs in how the world SHOULD work. My goals and objectives with every client interaction are three part:

• Educate you on the law, specific to your situation;
• Help you get compensated for what you have had to endure at no fault of your own; and
• Make sure you are satisfied with our attorney/client relationship so you brag about me to your friends, family, and others you know that may need me to fight the faceless insurance companies on their behalf.

RELATED ARTICLES:

South Carolina Free Medical and Dental Clinics

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Larry Copeland of USA Today wrote an interesting article about a "Yellow Dot" car program that is defined in the article as:

The Yellow Dot program is designed to help crash victims, especially seniors, communicate with rescuers during the crucial "golden hour," the first 60 minutes after a serious crash that can make the difference between life and death for the critically injured.
 

The yellow dot would go on the back window of your primary vehicle and indicate to EMS and other emergency responders to look for the yellow folder in your glove box that would contain "a photograph, medical conditions, prescriptions and other vital information."

This may be an antiquated system given the technological advances we have but sometimes the acronym KISS (Keep It Simple Stupid) comes into play. Not everyone will purchase the brand new car that sends an alert to the nearest EMS center, where each responder has an iPhone or "App" that automatically uploads your health information.

Any system that better helps you in a time of need where you may not be able to properly communicate is something worth investing or looking into.

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As an attorney that meets with my clients face to face before taking their case, I make sure that my communication with them is clear and uniform as to what they can expect from my end. One of the biggest complaints I hear from clients, potential clients, or current clients of other attorneys shopping around is that they can not get in touch with or get updates from their attorney. To this I say simply, "the wheels of justice are slow."

First and foremost, if they have another attorney, I tell them I can't help them or talk with them, they need to discuss that with their attorney. On a side note, if they are complaining about their current attorney, they are going to complain about me 9 times out of 10. It doesn't matter who has their case, they are "high maintenance".

Granted there are some bad apples in any profession and there are people that will complain about a beautiful day being too hot or too cold. Nothing is ever good enough for them. Keep in mind the time line of your personal injury case is largely dependent upon your injuries improving or your reaching maximum medical improvement (MMI).  There are several other factors to consider as well but most cases take time and have no definitive value or ending point until you are as good as you are going to get from the trauma, or injury, you incurred.

The South Carolina Rules of Professional Conduct, Rule 1.4, states:

(a) A lawyer shall:
(1) promptly inform the client of any decision or circumstance with respect to which the client's informed consent, as defined in Rule 1.0(f), is required by these Rules;
(2) reasonably consult with the client about the means by which the client's objectives are to be accomplished;
(3) keep the client reasonably informed about the status of the matter;
(4) promptly comply with reasonable requests for information; and
(5) consult with the client about any relevant limitation on the lawyer's conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law.
(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation. (emphasis added).

Notice the word "reasonable" mentioned several times and highlighted above. As one of my friends in sales stated one time, "I spend 90% of my time on 10% of my clients." I want you to be educated and informed about your case and the process it takes from the beginning. However,  if you call every week, sometimes there is nothing new to tell you. At the same time, if you haven't heard from my office or had any contact with my office in 8 months-- we may need to talk.

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Today several news outlets are reporting that the "ivory tower" defense firms are finally coming clean with their smoke and mirror marketing and admitting that their term "litigation firm" means-only litigating against everyday people for the all powerful insurance companies that pay them hundreds ($300's) of dollars an hour.

This fact is commonly known throughout the hard working, for the people, doing it for justice, workers against evil, otherwise known as Plaintiff's Attorneys, who strive to right the wrongs of the Evil Empire, aka insurance companies. A big move that has many lawyers scratching their heads as to why these firms made of gold, silver, and ivory off the sweat and torture of young associates for 7-10 year spans, all on the promise of a few gold coins more,  would come clean after all these centuries.

Ben Dover of Soma, Baughty, Goinia, Paye, LLC, said, "Well, it doesn't appear like the public is getting any smarter and they sure do forget things pretty quickly. We didn't think this would be any different. Stupid is as stupid does."  Mr. Dover has a point considering the inundated insurance jingles and coarse hands that consumers seem to believe over actually seeking out the advice of an attorney that works for them and educates them on how insurance companies make money.

Mary A. Richman and Robin Banks of Wie, Love, Monet, agreed that it was time. "Given the amount of money we spend on a yearly basis to take those fools to strip clubs in the Legislature, just to have them at our call and beckon, we knew no one could beat us in making laws, through legislators, " said Richman.

No comment could be found available through any of the following litigation firms: Smith More Leatherwood, LLP, Turner Padget Graham & Laney, P.A., Gallivan White & Boyd, P.A., McAngus Goudelock Courie, LLC, Nelson Mullins Riley & Scarborough, LLP, Nexsen Pruet, and  McNair Law Firm, P.A. .

If you see any of the above attorneys out and about please ask them about this most recent development on this, the 1st of April, commonly referred to as "April Fool's Day".

 (Last year on this same day, I was hired by Allstate to handle their claims.)

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After reading The Wall Street Journal's, "Animation Nation", article on Friday, February 11, 2011, I knew I had to give my Hollywood aspirations a shot. I put this video together using my experience over the past five years in dealing with insurance claims. No one insurance company sticks out more then Allstate because of the way they handle claims. Using Xtranormal, I felt I should put into pictures and words lessons to help those that may learn better through visual and auditory presentations.

Please watch and enjoy my very first movie, exclusively for use and copyrighted by Palmetto LDC, LLC:

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If you do not have any other resource to seek treatment for your injuries, ailments, disease, or disorder please use this resource to find medical and dental assistance.

We hope this helps you get the medical and/or dental treatment you need. No one should go without care in the United States. Additionally, those that are able should donate to ensure these facilities remain open.

http://www.freemedicalsearch.org/sta/south_carolina

For more specific local areas, please see below:

ANDERSON:  Anderson Free Clinic

GREENVILLE: Greenville Free Medical Clinic, New Horizon Family Health Services, New Horizon Family Dental Care, and West End Medical Family Alliance

PICKENS: Clemson Free Clinic

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These are the three horror stories I heard about the most in 2010. Oddly enough they are told by the insurance companies themselves:

1. We, the insurance company of the at fault party, do not believe our insured injured you;
2. We, the insurance company of the at fault party, believe if you were injured it was not a result of the accidental, intentional, or ignorant act of our insured; and
3. We, the insurance company of the at fault party, believe if you were injured by the accidental, intentional, or ignorant acts of our insured it is not worth what your treating physician charged you because they don't know what they are doing. (At least not as much as the nurses know that we pay to review those treating physicians' records.) 

If you have heard horror stories like the above, please call someone that can shed light on the darkness. (Hint: not the person working for the insurance company of the person that harmed you.)

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"Trey's Top Three" continues with this second article to determine the top three insurance companies I believe evaluate and handle their claims in a professional, ethical, and reasonable manner. This analysis is based on my observations, experiences, and interactions over five years working in the trenches against these insurance companies: Direct Insurance, State Farm, Allstate, Travelers, Nationwide, Dairyland Auto, Selective Insurance, Specialty Risk Services, Liberty Mutual, GMAC, Infinity, Farm Bureau, Auto Owners, Sentry, Occidental, Chubb, Bristol, Sedgwick, GEICO, Progressive, Viking, Great Central, Gateway, USAA, Safeco, Ohio State Casualty, James C. Green, AIG, Great Falls, Crawford & Co, Horace Mann, Lancer Insurance, Affirmative, Cottonstates, Zurich, Scottsdale, Cinncinati, Companion, Montgomery Insurance, Frontier Adjusters, Gallagher Bassett, First Acceptance, Constitutional State Services,  Foremost, Assurance, Penn National,and others I cant recall at this moment. (I have settled claims against all these companies).

And the winners of "Trey's Top Three" evaluation are:

1. State Farm
   
2. Farm Bureau
   
3. Nationwide/Travelers*  (tied)

If you have Allstate please switch immediately as ALLSTATE IS THE WORST insurance company you could be with. When you go in and switch or modify your coverage make sure you have:

• PIP/Medpay
• UIM

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As mentioned in my previous post, I am amazed at the insurance coverages my clients never even knew existed. This challenge goes out to all insurance salesmen to better inform your clients of  the coverages and give them examples of why they need it. I know they probably don't want to pay the extra money and you don't get much additional commission but it's your job to explain why $50-$100 extra a year can save them $1,000-$25,000.  I have these three things and so should you:

1. Personal Injury Protection (P.I.P) and/or Medical Payments (Medpay) coverage- this covers you and all the passengers in your automobile regardless of fault or liability- if you don't have health insurance this is a must;
2. Underinsurance (U.I.M) coverage-exactly what it sounds like, except easier to understand when I explained that it helps cover you and your passengers or family when someone injures them that does not have enough insurance or assets to go after; and
3. GAP Coverage & Renters Insurance-both of these coverages take care of your possessions when they are damaged. The first being your automobile that is over financed and not worth what you owe on it. The second for your possessions while renting someone else's home or apartment.

I can not help you if you are not helping yourself by taking advantage of the insurance coverage that actually benefits you and not someone else. As much as I comment about how I hate insurance companies, they are a necessary evil. If you are able to play the game of insurance successfully you can and will come out on top.

Previous or Related Posts I Have Written on these Coverages:

•  Bad Economy Leads More Drivers to Drop Insurance

• "Full Coverage" Automobile Insurance

•  Personal Injury Protection (PIP), Medical Payments Insurance

•  Can You Read?

   

  
  

   

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I had a client come in today with three young kids all under the age of 10 and all boys. They were tough to contain for her much less for my soon-to-be-married and "kidless" self. As I was informing my client's mother, who owned the car, on how she had been swindled out of depreciation from State Farm with her property settlement one of the boys yelled out in a melodic manner:

 "Nationwide is on your side..."

I quickly turned towards him with the indignation of an elementary teacher, ruler in hand and asked who taught him such lies and slander? All in the room looked perplexed but none more than him. I quickly indicated to him that he had been lied to and should never repeat such blasphemy. As if on cue, all three boys chimed in: "Nationwide is on your side..." 

At that point I realized what I was up against and what all Americans must face, mind numbing advertising that showers us night and day through all mediums of media.  Since the more money one entity or individual has the more exposure they will be able to give their flashy, fictional, and frustrating jingle or flat out lies......Yet at the same time I realized how effective such a childish and simplistically thought out plan can so easily massage and manipulate mainstream society.

Try not to let those insurance company jingles persuade you too much during this massive blitz of corporate marketing and advertising to get us consumers already in the mindset of spending to sell ourselves short of the true coverage and protection we need.  Be on the lookout for "Trey's Top Three" where I pick out:

1. the top three insurance companies that treat injured parties fairly;
2. the top three things you need to add or include with your insurance; and
3. the top three insurance horror stories from this year.

To help get your mind off that previous jingle, think about this:

The only hands that come from Allstate are wrapped around your throat.

Or maybe since I have renamed one of our local adjusters "Low Ball":

Nationwide will chap your hide.

Don't worry, last one:

Like a drunk driver, State Farm doesn't care.

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This analogy came about through my initial consultations with new clients and their constant reference to the at fault party's insurance company making statements similar to this:

Well the insurance company adjuster for the negligent party said I could not do this or go get treatment for my injuries because they would not pay.

The game I refer to as the "Insurance Game" befuddles many but the dynamics are the same. You have one side playing offense and another side playing defense.  Why are you going to listen to a representative of an insurance company that eventually will have to pay you money based upon many factors but the largest factor being the amount of medical treatment and bills you have incurred since the negligent act that caused your injury?

Instead of seeking out a free initial consultation with a personal injury attorney you will listen to the advice of the negligent party's insurance company that is trying to minimize the amount of money paid out on your claim. Makes no sense. I don't care that I am jaded by being a personal injury attorney but I follow my own advice when it comes to real estate closings, I know nothing about. I seek assistance from a real estate attorney. I don't trust that the landowner I am purchasing from will take care of my best interest. I trust the attorney I am paying will protect my interest.

If you are playing a game against the opposing team, would you trust the advice of the opposing coach on how to best beat them? Sure the insurance company adjuster will be very kind and pleasant on the phone initially. However, their intentions are not to provide you with the best result but for their result to be beneficial for their employer, the insurance company.

Remember, or re-read, Aesop's fable about the Horse and Groom:

A GROOM used to spend whole days in curry-combing and rubbing down his Horse, but at the same time stole his oats, and sold them for his own profit. "Alas!" said the Horse, "if you really wish me to be in good condition, you should groom me less, and feed me more."

Don't let the kind words and warm reassurances from the at fault insurance company "groom" you into believing your health, wealth, and welfare are at the forefront of their minds. Rather try and gain the substance that will get you better and protect you down the road.

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The rash of moped fatalities, hit and runs, and just plain moped accidents have been on the rise this year in South Carolina. The Greenville News brought focus on this issue in their article, "Moped Deaths Raise Safety Concerns." I don't think I realized how flexible South Carolina laws are on moped drivers:

Drivers with suspended licenses can ride mopeds for up to six months before they have to get a moped license. The minimum age for driving a moped is 14, a year younger than in Georgia and two years younger than in North Carolina.........only moped drivers under 21 must wear helmets under South Carolina law.

None of the moped drivers involved in the fatal accidents wore helmets and all were under 21. I guess that goes towards the old saying that, "the only good laws are those that are enforced."

Another interesting point is that all these moped drivers are not required by law to carry liability insurance on their mopeds.  Although they havent been the ones causing the accidents there are little to no options if they were to cause accidents or were involved in accidents with vehicles that have no insurance.

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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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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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