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

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

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

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

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

 

 

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

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

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

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

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

Seeing Chase helped on several fronts:

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

 

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

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

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

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

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

 

Take it away "Little River Band"………

 

This article was brought on by two separate contacts I had with friends inquiring about the satisfaction and enjoyment I obtained from doing my job. Both of these friends were fellow attorneys but working in different specialties. I was honored to be contacted by them because they are both hard working and intelligent individuals with what would appear to be great jobs. I was a point of reference as someone that truly enjoyed what they did and appeared to gain fulfillment, or satisfaction, in doing their job. That had not always been the case for me and I was delighted to know that my subconscious behaviors had eluded to the happiness in my life.

Even when I passed the SC Bar and became an attorney, my biggest goal was to pay my $125,000.00 in student loans off in three years (before I turned 30). All I worked for was money and how I could make more of it. I was looking past the people I could help, the experiences I could get, the good things I could do with my professional status, and the hard working reputation I could build. I also was fueled by hatred for insurance companies and how they had treated myself and my family when we were going through rough times (cancer). I would take my work home with me both figuratively and literally. I lived and breathed law and when I could not get any reprieve from it, I would drink until I could not think about it anymore.

I was miserable and hated who I was, what I did, and why I had not done more with the extra years I was given. Then I stopped beating myself up, stopped thinking about only myself, stopped worrying about trying to fit my whole life in what I thought was only 3 more years of living and just starting having fun. I realized I had to put my faith in myself to do the right thing instead of other people. I also concluded that whatever happens, happens and I can not control other people. The Serenity Prayer is not solely for alcoholics. It’s great for every day application for anyone. Life is so simple if you just allow it to be.

I had felt my life was in a rut and I never wanted to live like that given the second chance at life I had been given. I always wanted to travel the world, sail the seas, be in movies, date models, and live on islands. However, I also wanted to help people, earn a higher educational degree, and run my own company. In choosing the higher educational degree, I failed to think about who would pay for it and how much it would cost in resources and time.

Now that the student loans are paid down to free money (federal loans at 1% interest) and I have enough investments to pay off my debts, I guess it is time to travel the world, sail the seas, be in movies, and live on islands.   I already consider the girls I date to be more beautiful than models, if not models themselves. ; )

Or, I could continue to do what I enjoy: helping people, suing insurance companies, and getting paid to do it. 

An interesting thing happened while I was sitting and enjoying live music by Swift Robinson at the Esso Club in Clemson, SC after the Clemson vs. Wake Forest game; a girl at our table pulled out a breathalyzer to test everyone’s alcohol level.  Several people at the table registered double the legal limit and thought it was funny because they felt they could still operate a 5,000 lb vehicle on the roadways of South Carolina. Fortunately for my friend, I was not drinking but the couple that had pulled out the breathalyzer later left together and drove home (even though they both registered over the legal limit).

This happens in every state, college town, social scene, professional night out, etc. We have all done it and I am not one to point fingers without admitting to my own ignorance in getting behind the wheel when there could be a question as to my level of impairment.  However, what none of us think about are the consequences of killing someone and going to jail for an innocent night out for a few drinks. I never thought about it and thank God everyday that as dumb as I have been on occasions, I have been fortunate enough to only harm myself. (fortunate compared to the alternative).

I am willing to bet the two drivers that got charged with felony DUI’s this past weekend in the upstate did not think they would kill someone when they got behind the wheel.  YET THEY DID.

  • Douglas Dodgens, 52, was taken to Greenville Memorial Hospital where he was pronounced dead.  The 30-year-old driver of the car that hit Dodgens’ car was charged with felony driving under the influence. -as reported by The Greenville News;
  • Zion Faith Mills, 17-year-old Lyman girl, was killed and five people were injured in a wreck outside Greer. The driver in the one-vehicle accident has been charged with felony driving under the influence. -as reported by The Greenville News.

My buddies in New York are amazed at the amount of drinking and driving down South and attribute it to our lack of knowledge in using public transportation.  I often refute that public transportation is not as readily available down here as up there but nonetheless, they are right.  Call a cab, friend, or just have a sober driver.

Felony DUI charges are not cheap to fight, civil lawsuits and settlements against the at fault driver’s insurance company are not going to replace the lives lost, and jail is considered a punishment because no one wants to be there, neither do you.

Be smart, spend $20-50 on a taxi vs. $30,000 on a criminal defense attorney and living with the knowledge of what you have done to someone and their family.

 

 

The Greenville News reported:

The South Carolina Supreme Court dismissed disciplinary charges Monday against an Upstate personal injury lawyer known for his catchy television ads, putting an end to a years-long legal battle over whether one of the attorney’s ads aired years ago made misleading promises about protecting jobs.

This investigation arose out of a letter from an anonymous complainant (most likely a competitor) that argued an advertisement Joel Bieber began running in December of 2003 left the impression that hiring Bieber would mean a client wouldn’t lose his job. 

Joel Beiber’s ad stated this:

It’s not your fault that you were hurt on the job, but I know you’re afraid to file a job injury claim. You’re afraid your boss won’t believe you’re really hurt, or worse, that you’ll be fired. We’ll protect you against these threats and these accusations and work to protect your job.

Bieber, who pulled the ad following the complaint, stated that the ad asserted only that he would work to protect a job and offered no guarantees.

All lawyers, more specifically as it pertains to advertising personal injury lawyers, must adhere to the Rules of Professional Conduct. Those Rules specifically outline communications lawyers can make as to their services.

 

A lawyer shall not make false, misleading, deceptive, or unfair communications about the lawyer or the lawyer’s services. A communication violates this rule if it:

(a) contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading;

(b) is likely to create an unjustified expectation about results the lawyer can achieve, or states or implies that the lawyer can achieve results by means that violate the Rules of Professional Conduct or other law;

(c) compares the lawyer’s services with other lawyers’ services, unless the comparison can be factually substantiated;

(d) contains a testimonial; or

(e) contains a nickname, moniker, or trade name that implies an ability to obtain results in a matter.

 

 

At some point every male that participated in the Outstanding Men of Greenville Bachelor Auction  last night was propositioned, pinned, cajoled, and otherwise guilt tripped into helping out for a good cause by Shay Hewitt.  I got caught when I was hanging out at the bar at Rick Erwin’s after a sales pitch by Chris Norton of Walton International. Ms. Hewitt came over working the crowd and discussing the amazing things that she has been involved in with her designing and event planning for good causes.

Next thing I know, I am at Sassafras in Greenville walking in front of a bunch of women with wine and other drinks trying to raise money by auctioning off myself. Fortunately for the fundraising part of this event, all was not lost and even I brought in several hundred dollars in bidding. I didn’t even have to give the signal to my cousin in the crowd to keep me from going too low. ( I had provided her with crisp 100’s to assist with a recession like market).

This week is/has been full of charity events and pro bono opportunities. (Don’t forget about the YMCA’s Blue Jean Ball for Camp Greenville). It’s good timing for giving back considering the recent passing of a local physical therapist, Scott Shuey. A man that lived his life in such a way to make you envy the purity and goodness of it.  Scott worked several doors down from my office and I would see him come in after receiving both his diagnosis and subsequent treatment. He went from a physically fit man to a physically fit bald man. He continued to do the things he loved and garnered the love and support of his community as his positive spirit and triumphant attitude reigned supreme.  Then news came from MD Anderson that all had been done that could be done. Scott returned back to his earthly home before returning to his heavenly home.

This week has been hard for me as a cancer survivor.  I am reminded of my mortality, my second chance at life and the most precious thing of all…… time.  The extra time I have been given to share with those I love. The extra time I have been given to help those in need. The extra time I have been given to make a positive impact on this world. 

But the one who does not know and does things deserving punishment will be beaten with few blows. From everyone who has been given much, much will be demanded; and from the one who has been entrusted with much, much more will be asked. Luke 12:48

I had a mediation today in a renovated garage behind Krause, Draisen, & Moorhead that involved several parties, but most importantly, my injured client -Ms. Georgia Lindsey, a 19 year old, Anderson University soccer athlete doing a job shadow-Chelsea White, and myself .  We got to spend some quality time together contemplating life, law school, fishing, and also getting down to business by negotiating the violent, rear end collision Ms. Lindsey was involved in with a representative of BMW. 

I enjoy mediation’s because once each side (plaintiff and defendant) has presented their case, usually the two groups separate into different rooms. I get to spend an ample amount of time with people in a room for several hours which enables us to sit and talk about life.  The mediation process can be slow in moving but many different people with various backgrounds, interests, and reasons came together this afternoon in Anderson, South Carolina.

There were others, but they are of no consequence because they did not have the long talks and art interpretations that the three amigos did. The picture below represented 3 very distinct things to each one of us and those interpretations were not unusual given our background and circumstances.

They were as follows:

  • Chelsea –felt the picture above represented –Youth and Life.
  • Ms. Lindsey-felt it was the devil and fire.
  • Trey-thought it was a field ablaze, yet radiating beauty the whole time and the center, or background, seemed to represent the spring of life that resides in us all to quench the fires that arise.

Ironically, those interpretations of the art we stared at today for 5 hours, came out in three totally different view points. As the mediation progressed and throughout the initial spill by Steve Krause, we were reminded that every person is different and thus brings different impressions, thoughts, and ideas to the table. Just like a jury, each person is going to have a different interpretation of the same facts. However, like Ms. Lindsey said, “Thank goodness we all are different and not the same.”  Very true and very deep.  Sometimes its not about the destination but about the journey. 

(left to right) Chelsea White & Trey Mills

(Ms. Lindsey is in the blue dress)

 

** Life is about making the best of a situation, even in a boring mediation. Keep living the dream!

Lately I have caught a lot of grief over my cell phone and its simplicity.  The poor thing only makes calls and texts.  It use to have picture taking abilities but that doesn’t work anymore.  The phone I have is a flip phone and sometimes the screen will not work. 

I have tried the fancy phones out. I had a Blackberry for about a week. However, once it was all linked up and ready to go, it buzzed and/or rang all the time. New email, internet alert, and texts. I found myself out at restaurants with beautiful guests yet all I could do was check the internet for scores, stocks, and more emails.  I began to feel vibrations or anticipate "alerts" even when I did not have the phone in my pocket.

I love technology and all the new Web 2.0 social applications, ie Facebook, Twitter, and LinkedIn. I think if Verizon had the IPhone, I would have one of those–for at least a week. I realize some people truly are more efficient and can utilize these fancy phones to be a real advantage in a professional setting.  Considering I sit at a desk the majority of the day, I have everything I need in front of me.

What I realized was that like television, video games, or computers, I would allow this small technological device to take my attention away from exciting adventures, interesting people, and beautiful places. The wonders of technology at your fingertips will have to wait a little longer to replace the joy of having a good friend, loving family member, or significant other right nearby on a cool, fall day while the leaves change with the season.

I know you can find a picture of what that may look like or research why the leaves change color on your fancy phone. Can you smell the aging leaf? Hear the wind shifting through the trees? Or touch the leaves and feel their leathery exterior prior to becoming brittle and frail? Me either. I am stuck at work doing things I could probably do out and about on that fancy phone.