The minimum limits for automobile insurance in the state of South Carolina are $25,000.00 per person for bodily injury, $50,000.00 for all persons per accident in bodily injury, and $25,000.00 per accident in property damage. (Current through the date of this blog post).  Every driver must carry liability coverage for harm, or injury, they may cause others and uninsured coverage to protect themselves from others not following the rules, ie when harmed, or injured, by drivers without automobile insurance. (For a more in depth analysis feel free to read the actual South Carolina Code on Automobile Insurance, S.C. Code Ann. 38-77-10, et al.)

I have discussed the term "full coverage" on previous blog posts and will only revisit it to say, 90% of clients I assist think they have full coverage and they do not. There is a two inch thick reference book by my desk entitled, "The Law of Automobile Insurance in South Carolina", so understand there are many twists and turns in the world of insurance law. There are two main items everyone should add to the minimum coverage, underinsured coverage and Personal Injury Protection, because these items protect your interest instead of you depending on the general population having enough insurance coverage when you are seriously injured.

Let’s make all these facts and figures relevant:

  • Example 1: The Anderson Independent reported that six people were injured on Sunday, August 19, 2012, "Six Hospitalized in Sunday Morning Collision." Let’s assume only one driver was responsible for the collision, albeit an accident and not intentional, and was not one of the six injured. If that at fault driver has minimum insurance coverage, the most any one of those six people could receive for their injuries, without pursuing personal assets of the at fault driver, is $25,000.00. The most all six injured parties could receive under the same example, is $50,000.00  aggregate between all six of them.  But what if one party had a broken arm that required surgery? That doesn’t change the fact that the only amount of coverage the at fault driver has is $25,000.00 per person per accident in bodily injury and $50,000.00 for all persons per accident. That is why it is important to make sure you have underinsured coverage and PIP coverage. Nobody will watch out for your interest more than you.
  • Example 2: Also reported recently by the Anderson Independent was a fatality when a motorcycle driver lost control of his bike and was killed. "Clemson Motorcyclist Killed in Accident on Liberty Highway." There was apparently no other vehicle involved and was merely an accident with no other party being negligent, or liable. Therefore the only relevant automobile insurance coverage would be PIP, or medpay, and only if the driver incurred medical expenses prior to his untimely death. The only party is the driver and you can not pursue your own liability coverage against yourself in a collision. See also "Single Car Accident Leave Drivers and Passengers with Few Options."

When you have been involved in a motor vehicle collision and been injured, you want to make sure at the very least you have your interests protected within your own insurance coverage. Your right, that is not fair because it was the fault of someone else and they should take care of all your medical bills, pain and suffering, lost wages, permanent disfigurement, and loss of earning capacity. Fill in the blank, "Nobody said life was _____." Plus, if they have minimum coverage they are doing everything required of them by South Carolina law. Good luck trying to get a judgment against personal assets that don’t exit, too. I have several outstanding judgments, one against a 19 year old that will most likely never own anything and one against a now defunct corporation. We’ve all heard the saying, "Can’t get blood out of a turnip." Well that’s true.

New clients often convey to me that the insurance adjuster has told them they do not need an attorney to resolve their case. I always laugh at that statement because it reminds me of an analogy I use a good bit here in South Carolina:

Would you listen to the devil on how to get to Heaven? Then why would you listen to an insurance adjuster about how to settle your claim AGAINST them?—Trey Mills

Of course the insurance adjuster that is employed by the insurance company that has to pay money out on an insurance claim would try and contain the amount of money that is paid out on claims. Do you think adjusters are given raises and/or bonuses at the end of the year for paying out lots of money on claims or for keeping payouts on claims low? That’s right your interest in resolving the claim and their interest in resolving claim are at opposite ends. The insurance adjuster does not have your best interest in mind.

When you hire an attorney on a contingency fee basis, meaning a percentage of the settlement amount-most commonly 33.33% or 1/3, your interest are aligned with the attorney’s interest. At the most basic level your interest and the attorney’s interest are symbiotic because of the mutual benefit in resolving for a higher value. However, if an attorney just works for money and doesn’t want to build upon a relationship with having you as a client to brag about them to your circle of influence, that attorney’s success will be limited.

Remember insurance adjusters cannot provide you with legal advice. All they can do is better their interest and the interest of their employer (insurance company) by saving money.  If they are saving money, then you are losing money. It’s just that simple.

 

 

 

 

 

 

Foreign substances not common to the food they are found in can range from a caterpillar in a salad to a sewing needle in a packaged sandwich. That is what passengers on a recent Delta flight found when they bit into their turkey sandwich, a metal needle. ABC and WSJ are reporting that at least two passengers found a metal, sewing needle in their food while traveling on a Delta flight from Amsterdam.

I remember eating a salad at a "nice" restaurant when I was in college and the leaf kept moving.  I realized there was actually a live animal enjoying my salad, too. Although not far fetched to find a caterpillar enjoying leaves of lettuce it was not something: a) I wanted to see; b) I was accustomed to by growing up in the United States; and c) I felt exemplified sanitary conditions.  The waiter offered to bring me a new salad but for some reason my appetite had curbed.

That real life example in comparison to another one this past weekend when my wife and I were eating crab cakes and encountered small fragments of crab shell-offer two different scenarios. The crab shell was nothing to be alarmed with as crab cakes are made from crab meat found inside the crab shell. Now had we bitten into or found:

  • a metal hook;
  • hypodermic needle;
  • bullet; or
  • other substance not found naturally with the substance of the food…

that would have been odd. Thus the meaning of "foreign substance" in a food product.

No worries South Carolinians as your legislatures have set forth the  South Carolina Food and Cosmetic Act, found at South Carolina Code Section 39-25-10, to define many instances of adulterated or misbranded food that may cause you or your loved ones injuries. If not defined by the statutory definitions there may be other causes of actions under common law negligence.

We are currently representing and have represented clients that have experienced the following:

  1. Ingested a "finishing nail" while eating a birthday cake from a supermarket where the bakery was undergoing construction;
  2. Broken teeth from a metal object found in their hamburger at a local fast food chain; and
  3. A dozen or more clients impacted by the lot and batch number of peanut butter jars contaminated with animal feces from a neighboring plant. 

Other articles I encountered while putting this article together provide varying insights:

  1. Immediately alert your restaurant server;
  2. Get medical care;
  3. Document proof of purchase;
  4. Secure physical evidence;
  5. Take photographs;
  6. Make a complaint;
  7. Notify health agencies; and
  8. Inquire about your legal rights.

 

 

As of June 1, 2012, our law firm has undergone an incorporation of a new name-mine. I started working with Ernie Trammell straight out of law school seven years ago and the rest is history.

We service primarily the northwest corner of South Carolina, commonly referred to as the Golden Corner, along with the neighboring Georgia counties (as we are licensed to practice law in South Carolina and Georgia). The corridor of interstate 85 runs through the county of our headquarters and keeps us busy with car accidents and trucking cases. There are no shortage of want to be "autobahn" drivers on i85.

When it comes to other practice areas, Ernie Trammell has amassed over 30 years of practicing law and primarily focuses on workers’ compensation claims. Ernie has achieved the highest rating through Martindale-Hubbell, with an "AV" rating.

Given the nature of personal injuries and on the job injuries, it seems an easy transition to someone not being able to work any more as a result of their traumatic injuries. Brad Bledsoe heads up the social security disability department of the law firm and has vast experience in working with totally disabled clients. Both Ernie and Brad are licensed in Georgia.

We have continued to diversify our civil law practice by assisting those injured by dog bites, defective products, and premises liability cases involving negligent landowners.

Please continue to keep up with our firm through the many social media avenues found at our website:

http://www.trammellandmills.com/

 

The Greenville News recently reported on the conditions of South Carolina roadways and aptly determined those deteriorating and substandard conditions present  "excessive safety problems."  The reported 41,000 miles of roadways covered by the South Carolina Department of Transportation (SCDOT) were recently graded an "F" by their own highway engineers.

It would appear given the media coverage and the SCDOT’s own admissions of the substandard conditions of the roadways the problems are no hidden secret. However, from a legal perspective, anyone using those roadways and injured as a result of their deteriorating conditions must first look over the South Carolina Tort Claims Act, S.C. Code Ann. 15-78-10, before proceeding.

Confusing? Wait, it gets better. Please read SCDOT’s Mission taken straight from their website:

Pursuant to SC Code Section 57-3-10, the South Carolina Department of Transportation (SCDOT) is charged with the responsibility of the systematic planning, design, construction, maintenance, and operation of the state highway system and coordinating mass transit services. SCDOT operates and maintains 41,459 miles of roads and bridges, which ranks as the fourth largest state-owned highway system in the nation according to the Federal Highway Administration. The agency emphasizes the importance of safety, environmental stewardship, and system maintenance and preservation through its “Fix It First” strategy. (emphasis added).

The SCDOT provides a brief "Snapshot" of their organization:

• 4th largest state-maintained highway system in the Nation
• 41,459 miles, including 8,344 bridges
• 4,985 permanent employees
• $1.05 billion budget from state & federal sources

The best thing you can do for you and your fellow travelers on South Carolina roadways is to be vigilant about any roadway, shoulder, ditch, bridge, and secondary road issues you notice by mailing a certified letter , or traceable mailer, to the SCDOT. That helps in two ways:

  1. It provides the SCDOT with volunteer assistance without raising taxes; & 
  2. It puts them on notice of dangerous conditions in that area that need to be remedied.

I would be happy to compile those notices if you want to email them or post them as a comment on this article.

Plus in the interest of objectivity in my "reporting", that notice also helps others if they are injured by that same problem clear the hurdles in navigating justice through the South Carolina Tort Claims Act.

I usually reserve these self reflective articles for Fridays or on specific anniversaries but for some reason I felt compelled to sing to the high hills all the wonderful things life has provided me as I reflected this morning not just on my ripe old age of 34 but on my upcoming anniversary from 17 years of remission with leukemia. You see, I doubled my age. That may not be relevant to anyone that has never had a life threatening scare with cancer or some other trauma but it is relevant to me and therefore very relevant to want to express that joy.

First and foremost I am most blessed to be in a loving relationship with a beautiful woman that allows me to call her wifey, among other adoring names.  Speaking of anniversaries, we just celebrated our first year of marriage and lucky for my chemo zapped brain my birthday, our anniversary, and her birthday all fall within a two week period of each other. Mrs. Kristen Mills has been a life saving relationship, companion, and lover.

Secondly, my family and her family remain close and constantly involve each other in their daily living. Dealing with clients for a living I see so many instances of where families are not supportive or sustainable for a litany of reasons. I am happy to have my father, step-mother, and more immediate family members along with Kristen’s family to be so loving and caring about any time that can be spent as a family.

Thirdly, I am fortunate to have had the professional opportunities to be a partner in a law firm that shares my last name. There are no long lines of doctors or lawyers in my family. Just me. How I got here and down this path to legal litigation, God only knows. More importantly, I am fortunate to absolutely love what I do for a living when I see so many struggle day in and day out at something that makes them miserable. Couple that with the fact that every income I earn comes directly from the operating account of insurance companies and I almost feel like I have a connection straight to heaven where any misdeeds in my life have been erased. Like the crusaders of days past, I am truly doing God’s work.

In 17 years after my cancer diagnosis with a two week prognosis and worrying how my family could afford the medical bills and treatment if the health insurance company got its way in wiggling out of their responsibility in paying for them by trying to find loopholes in my parents’ benefits:

  • I am fortunate to have my health;
  • I am fortunate to have my wife;
  • I am fortunate that we are so blessed with with such loving families. 

Insurance companies are not so fortunate because:

  • I love what I do;
  • I hate everything about what they do;
  • My wife and I like nice things, vacations, and giving back to the community (all paid for directly from insurance companies).

I will never forget someone saying that "insurance companies are just untouchable" when all that was going on and my parents were trying to figure out how to pay for my treatment. No they are not.

You just have to hit insurance companies in the wallet where it hurts because they don’t have hearts.  –Trey Mills

 

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Traumatic Brain Injuries are said to be the leading cause of death in South Carolinians from the ages of 1-44, per statistics from the Brain Injury Association of South Carolina. The known leading causes for TBI are said to be falls and motor vehicle collisions according to the Brain Injury Association of America. 

As illustrated in a recent article in The Greenville News, TBI affects a range of cognitive, behavioral, emotional and physical functions, which can include anything from problems with short-term memory, personality changes and speech impediment to lack of coordination and persistent fatigue.  As awareness of these type injuries is increasing, there are still believed to be over 60,000 South Carolinians living with traumatic brain injuries.

Rebecca Hadel was in a t-bone collision when she sustained a traumatic brain injury, along with other severe physical injuries. The Greenville News article, "Recovering, Step by Step", highlights her personal story along with information about TBI.  As Hadel states in the article:

“Brain injuries don’t ever go away…”

 

To learn more about traumatic brain injuries and the resources available, click on any of the below links:

 

 

Inevitably I will have clients that  make the poor decision to try and work things out with the at fault party’s insurance adjuster, thinking the at fault insurance company would "do the right thing."

As I have written in the past on "How Do Insurance Companies Make Money?" & since copyrighted my favorite quote:

"Would you listen to the devil on how to get to Heaven? Then why do you listen to insurance companies on how to settle claims against them?" –Trey Mills

Having only practiced close to seven (7) years doing 100% personal injury,  it is hard not to be cynical and disbelieving of anything insurance companies do or say. As an attorney I am held to a higher standard legally and ethically but for some reason the insurance adjuster can dispense false "legal advice" with no consequences. Most times what you say, can not be proven. Always ask for what the insurance adjusters tell you in writing.

Therefore, when the insurance company offers to pay your medical bills at what you paid in co-pays or reduced costs because you are fortunate to have health or supplemental insurance THEY ARE TRYING TO TAKE ADVANTAGE OF YOU.  

In South Carolina the law states: The collateral source rule provides "that compensation received by an injured party from a source wholly independent of the wrongdoer will not reduce the damages owed by the wrongdoer." Citizens and S. Natl. Bank of South Carolina v. Gregory, 320 S.C. 90, 92, 463 S.E.2d 317, 318 (1995).  A tortfeasor (at fault party) cannot "take advantage of a contract between an injured party and a third person, no matter whether the source of the funds received is `an insurance company, an employer, a family member, or other source.’" Pustaver v. Gooden, 350 S.C. 409, 413, 566 S.E.2d 199, 201 (Ct.App.2002) (citations omitted). 

Stop being scammed by the insurance companies and start seeking out legal advice from lawyers. It costs you nothing to sit down and talk with most personal injury lawyers about your issues. Yes, if they take the case it will most times be taken on a contingency fee basis whereby they receive a percentage of the settlement they achieve for you. It’s a symbiotic relationship.

Do yourself a favor and ask these two questions before you settle your insurance claim:

  1. Would you rather have someone working for you, ie attorney, or someone working against you, ie insurance adjuster?
  2. Do you think the insurance adjuster gets paid a bonus and/or receives a raise at the end of the year for paying out more money on claims, or paying out less money in claims?

To ensure the value of your settlement is reasonable and commensurate with your losses and harms, or damages, please consult with a personal injury attorney. You can contact us or find out more about us on Facebook.

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.

For the particular subset category of Super Lawyers "Rising Star", selection is made from those attorneys under 40, practicing less than 10 years, and only the top 2.5% of that group are selected for inclusion. To be included with such a talented group of attorneys,  I feel honored and humbled by such an accolade.

Now as we collaborate in the practice of law under Trammell & Mills Law Firm, LLC,  I can bring something more to the table as, Ernie Trammell had already achieved a Martindale-Hubbell AV Rating.