Great Leaping Fugitives!

Amazing photo of fugitive attempting escape. Story continues that photographer tackles and holds the fleeing man until police can come get him.

(AP Photo, Sun Journal, Russ Dillingham)

Arbitrating vehicle damage claims in SC

Recently I was part of a 3 person arbitration panel called to hear a property damage dispute. 38-77-730 of the South Carolina Code allows for any person who is party to a disputed property damage liability claim to submit that claim to arbitration. To make such a request, it would be necessary to get the request form from the Clerk of Court in the proper County, complete the form, and return it with a small fee ($5.00) to the Clerk.

I have seen this system work well when insurance companies are refusing to pay for damage, depreciation, loss of use or other property related damages for which the claimant has solid evidence to support. Although some Insurance companies will oppose even well documented claims, many insurance companies will, at that point, pay a legitimate claim rather than pay their attorney to oppose it in arbitration.

Although the property damage arbitration allowed by South Carolina law can be effective, because of the full and extenisve appeal which is available, it is not going to resolve every disputed claim. Even for small claims it is wise to consult an attorney early and often.

Changes in South Carolina Workers Compensation Laws

On June 25, 2007 some significant changes to the South Carolina Workers Compensation system were signed in to law by Governor Mark Sanford. In general the changes create broader rights for Employers and a greater bruden for workers/claimants to receive compensation for their injuries. For instance, the Employers rights to communicate directly with the workers doctors is increased significantly while the previously held presumption that a worker suffering a 50% or more loss or disability to the back is totally disabled is now challengable and can be rebutted by the Employer/carrier.

Other changes to the system include making the shoulder and the hip "scheduled members" and eliminating the Second Injury Fund by 2013. Most provisions of the law go into effect for claims arising on or after July 1, 2007.

If you have an injury from a work related accident or are not sure whether your injury is covered, speak to a knowedgable attorney today. Don't wait. http://www.attorneymcdaniel.com/

Growing in Beaufort

McDaniel & Gess, LLC is now seeing clients at our new location in the Beaufort Town Center at 2015 Boundary Street. I believe our clients will see that our new location offers a professional and comfortable atmosphere unique to the Beaufort area. Call for more information at 843.379.5117.

New Address

As of August 1, 2007 my office will be located at 2015 Boundary Street, Suite 319 in the newly constructed One Beaufort Town Center. This is a great move for my practice and for my clients. Not only will the office now be located in a central area just across from the Courthouse, but the new office will be larger and have better equipped, more modern, facilities throughout.
Our offices are located on the Third Floor, so if you take the elevator to the third floor a receptionist will assist you to our office.
Note: Our Mailing address and phone will remain the same:

Law Office of Brian McDaniel, LLC
Post Office Box 2085
Beaufort, South Carolina 29901
843.379.5117
843.379.5118 FAX

For more about our firm visit our web site at http://www.attorneymcdaniel.com/

Hey Doc, Make a Note of This

Over the years, the processes and computer programs used by many insurance companies to evaluate claims has become more and more rigid and systematized. The basis of these programs and systems is the medical records from the injured person's healthcare providers. While this has the advantage of streamlining the process and likely allowing the insurance companies to spend less time with each claim, it creates other problems. Specifically, because the system relies so heavily upon notes made by physicians, it becomes imperative that the client make sure that his or her doctor takes note of everything that is wrong with them. In reality, however often that is not how most doctor visits work. Patients frequently complain only of their most pressing and urgent medical concern, leaving other less urgent matters to be handled at later visits. Many patients, thinking that their body will heal by itself with more time, do not mention certain aches and pains they are hopeful will resolve on their own. And sometimes nurses and doctors fail to note in the records (or properly code) every complaint made by each patient. While this may not create medical problems, it can create significant obstacles in convincing the insurance company to consider those injuries at a later date.

Most people do not want to be whiners and complainers. Most of us are taught to be tough and endure pain without showing it. However, lack of documentation of an injury can create diffcult obstacles in a personal injury case. For good or bad,the methods used by the insurance companies makes finding a qualified and thorough physician and making sure to communicate all of your injuries to that physician cricitcal to being able to defend your claims against attack.

Death Benefits under SC Workers' Compensation laws

Under South Carolina's Workers Compensation laws, the dependents of a worker that dies from an accidental injury at work are entitled to death benefits. The determination of exactly how much they are entitled to depends on a number of things, such as: how many people are claiming to be dependents, are those claiming dependency partially or totally dependent, and what was the average weekly wage of the decedent.

You should also be aware that South Carolina also allows for a certain amount of burial expenses (capped at $2,500.00) in addition to the compensation benefits.

If you, or someone now in your care, are a dependent of a person killed on the job in South Carolina it may be wise to contact an attorney to determine what death benefits are available. If those insurance proceeds are not apportioned to dependents, children or parents, then in many instances they are paid to the South Carolina Workers Compensation Commission.

Welcome to Beaufort - Enjoy the summer!

As the weather warms, Beaufort, Hilton Head and Charleston South Carolina all begin to see an upswing in the tourist population. The hospitality industry is a key part of the economy for many business in the lowcountry of South Carolina and the surge of people fuels everything from golf courses, to restaurants, to hotels and carriage rides.

During tourist season I have observed that there are consistently two types of claims that increase and of which I am often contacted from March to October (It's a long season).

First, the number of motorcycles driving around Beaufort and surrounding counties increases dramatically. With the local military bases and the nice warm evenings, Beaufort seems to be what motorcycle enthusiasts are searching for. Unfortunately, where you have motorcycles on the road you have motorcycle accidents. Even more unfortunate is that many motorcycle accidents cause severe injuries or death. Whether that accident is caused by a tire defect or an auto driver that is not looking for a motorcycles on the road, I often see clients suddenly facing mounting medical bills and usually permanent injury and scarring.

The other issue that results from the tourist season is that many times vacationing brings people from many different states into South Carolina's jurisdictional reach. Navigating the jurisdictional and venue issues in injury and death cases can be tricky. I am frequently contacted by clients or attorneys from other states that need a Beaufort area attorney. While vacationing here a person may be injured in an auto accident or on the premises of the resort or hotel in which they were lodging. One couple was hit from behind while driving on I95 from New Jersey to Beaufort. In that case, neither party was from South Carolina. In many such situations, a lot of people want to wait until they get back home to contact an attorney they know. While this is not necessarily a bad idea, they often do so only to find out that they will need an attorney where the accident occured.

The Edge of Technology- Selecting an attorney

As my legal practice has grown over the last five years I have had an ever growing need to be organized and efficient. It is no secret that technology can be the great equalizer for small firms trying to compete and litigate against larger firms. My firm (though only two attorneys) has been able to utilize many of the available technologies to our advantage and the advantage of our clients. For example, a large portion of our files are scanned into our secure network server and can be accessed without the hard copy of the file. Having these doucments electronically stored allows them to be quickly transmitted to our clients when needed, saves attorney time by allowing optimal organization, and also frees up staff who would otherwise have to locate, retrieve, and copy the file.

We also use the leading case and client management software specifically designed for legal offices. This software is networkable and includes instant messaging, client contacts, file activity and calendaring at the click of a mouse.

Part of the search for a good attorney should be to look for a legal office that implements technological advances to your advantage. You will likely find that these offices are more organized, functional and able to meet your needs.

South Carolina Workers Compensation- Am I covered?

The South Carolina Workers' Compensation Act is an attempt to balance meeting the need to care for injured workers with the need to protect Employers from tort acitons by their employees. For their own protection, all employers should contact legal counsel to determine if their business must provided Workers Compensation Coverage for their employees.

In my practice here in Beaufort County and throughout the state I have seen a wide variety of employee injuries. Injuries sustained from inhalation of mold in the workplace, a fall off scaffolding and even some automobile injuries may be the basis for a claim under the South Carolina Workers' Compensation Act. The South Carolina Workers' Compensation Act also provides for benefits for the dependents of employees that are killed on the job.

Whether you need medical benefits, temporary compensation or a permanent award of compensation, if you have been injured your best bet is to consult with an attorney that can guide you through the process. And when you are looking for an attorney, be discerning. It is not necessarily wise to go with the first attorney you contact. If you don't communicate well with the attorney, don't feel like they are listening to your concerns, or you have any doubts, then shop around prior to signing any type of Representation Agreement. I suggest that you find an attorney that will spend the time to educate you on the law and on what to expect in your case. Although some clients want more information than others, make sure that the attorney is giving you all the information you desire to have. While you should not expect your attorney to never make a mistake or be able to predict the future, you should expect someone that can take time to handle your case with care.

Auto Accidents - Do I need an Attorney? 1, 2, 3

Auto accidents have become an expected part of daily life. Here in the lowcountry of South Carolina it is no different. I hear almost daily about clients, friends and their families being in auto accidents. The stories range from mild fender benders to severe and life threatening or life ending injuries. The vast majority of those in auto accidents that I talk to have no interest in bringing a lawsuit. Nearly everyone would much rather have the matter taken care of quickly and put behind them.

South Carolina, like many states, requires that its drivers carry insurance within certain minimum limits of coverage. Unfortunately, many times drivers fail to do so. What becomes even more frustrating however is when the person causing an accident has insurance that would cover the medical bills and other damages, but that insurance company refuses to produce the promised money for that coverage. This all to frequent scenario can create a great deal of frustration for the injured person as well as for the at-fault driver who faithfully paid their insurance premiums in anticipation and reliance that if they ever did make a driving error, that they would have the protection they were promised from their policy.

The injured party, facing mounting medical bills, often comes to my office conflicted and still hoping to convince the insurance company to pay for their damages without the need for litigation. Here are a few things to remember when deciding whether to obtain an attorney.

1) Never forget that the insurance companies are not charities but are for profit enterprises. They have different, and usually adverse, interests from you in your accident claim. They may be friendly, but the bottom line is that they want to pay as little as they possibly can (an understandable position given that they are in it to make money) to maximize profits.

2) Anything you say may be used against you. Be very cautious about giving recorded statements. Injuries often subside and return, or the injuries we think are about to heal take a turn for the worse. Statements regarding your condition should be given, if at all, only after ample time has been allowed for treatment and healing. Likewise, it is better to discuss your case with an attorney before giving a statement.

3) Is the insurance adjuster trying to direct your medical treatment? Your medical treatment should be a decision made by you with the consult of your doctor. It should not be influenced by an insurance adjuster and it should raise a red flag in your mind if you notice the insurance adjuster commenting or suggesting certain courses of treatment. While some such advice may be genuine and meant to be helpful, because of the adversarial position of the insurance company it is unwise to rely on such advice.

In the end, only you can decide if you need an attorney. Many other factors may need to be considered. But finding an attorney that you can trust to give you sound legal advice and be a strong advocate for your position is important. Most attorneys will offer a free consultation and you should take full advantage of this offer. Finding a legal advocate that you can trust and who wants to keep your business for years to come can make an enormous difference in whether you are able to pay for your medical treatment and future care, or whether you are forced to endure ongoing medical problems and mounting bills.

Lady's Island Bridge to the Future

As an attorney practicing in Beaufort County I am familiar with the slow-downs associated with tourist season. From waiting for old mares hosting ambling carriage rides around the historic district to getting caught by a draw bridge connecting Beaufort to Lady's Island, Beaufort, much like Charleston, has become increasingly accustomed to delays. However, recently a barge has caused structural damage to the J.E. McTeer Bridge, which has become the major vein of traffic onto and off of Lady's Island. While repair estimates currently range from 3 to 5 months, most fear that it could take twice that long given the construction problems faced by other Beaufort County projects.

While the recent damage to the bridge has caused delays it has also resulted in the use of city and county resources including dozens of police personnel directing traffic and will undoubtedly have an impact on business on and around Lady's Island.

It is my hope that the recent bridge collision will result in a rethinking of the policy surrounding growth and development in Beaufort County, and Lady's Island in particular. While many have embraced that growth as a bridge to the future, others hold to an idea of a rural and unpopulated Beaufort. Unfortunately for them, however, those days are gone and the attempts to thwart development and infrastructure are felt most deeply in times such as this. As Hurricane season approaches (June 1) the people on Lady's Island and beyond are put in real peril, because, as Beaufort Police Chief Dowling said regarding the fallout from the bridge damage "we're stuck."The growing wave of growth is too strong to be stopped and the resistance to such growth now only works to make life in the glorious lowcountry less appealing. Now is the time to support expansion of bridges and road projects and other infrastructure that will help growth flourish and be an enhancement of the area rather than hold tight to a past that can not be reclaimed.