Thursday, May 17, 2007

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.

Tuesday, May 15, 2007

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.

Wednesday, May 9, 2007

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.

Tuesday, May 1, 2007

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.