tag:blogger.com,1999:blog-84068195152914553802024-03-13T10:36:19.463-04:00Law Office of Brian McDaniel, LLCBrian McDaniel, Attorney at Lawhttp://www.blogger.com/profile/01156213756295394518noreply@blogger.comBlogger21125tag:blogger.com,1999:blog-8406819515291455380.post-33796397365561651952010-10-14T15:07:00.004-04:002010-10-14T16:32:09.132-04:00Misperceptions of the LawI am always amazed that many hard working Americans do not appreciate that the legal system offers them a tool to have their case decided fairly. Instead the concerted effort to paint the legal system as some sort of legalized gambling tool used by frauds to make slick "trial atttorneys" rich has become a main stream belief. Based upon that misperception many citizens are actively fighting the battles waged by major corporations to tip the scales of justice in favor of insurance companies and businesses and away from individuals.<br /><br />A more thoughtful analysis of the issues can demonstrate where people are often misled. For instance, the primary concern of most people seems to be that attorneys make too much money on the cases. Although I believe this is a statement genuinely believed by some, it appears to lack an understanding of the amount of time and expense spent on cases, and that attorneys may work for 2 to 4 years or more on a case (such view also ignores the contingency fee arrangement that has attorneys compesnation tied to how successfully they can handle their client's case but conversely risking not getting paid at all). Regardless, persons having this view, one would presume, have heard of the exceedingly rare instances in which class action suits result in Multi-Million dollar fees. Althoug, I would contend that most "trial lawyers" make far less than people assume, the logical answer for those that do believe that they should regulate how much attorneys make is of course to cap attorneys' fees at a number that allows for these cases to be brought, and compensates the attorneys for this specialized knowledge and risk, but is also reasonable and not excessive. However, this is not the solution offered. In fact, the solution puhed by insurance companies and picked-up by some well intentioned citizens is to cap Damages (the amount which the client is awarded in the case) -not to directly cap attorneys' fees. - This is like refusing treatment to a patient because you don't want the doctor to make any more money. There is simply no reason the "solution" can not be more narrowly tailored to accomplish the goal, except that the group pushing these "reforms" has different goals than the citizens they have convinced to support their cause. This is a great result for insurance companies and at-fault hospitals and businesses because they now do not have full liability for their negligence or other misdeeds. End game of these reforms is that they deny injured persons full compensation from the wrong-doer and in some cases deny citizens access to the legal system.Brian McDaniel, Attorney at Lawhttp://www.blogger.com/profile/01156213756295394518noreply@blogger.com1tag:blogger.com,1999:blog-8406819515291455380.post-14658099220925585902009-07-13T16:56:00.002-04:002009-07-13T17:21:54.354-04:00Do I have a case?Giving free consulations for most type cases has always been my policy as I like to let you know what I can do for you, if anything, before I charge you. I wish everyone had this policy. Every now and then, during a free consultation, I hear a familair case. The facts of their particular situation vary but the stories often follow a familiar theme. The person had gone to a store, restaurant, hotel or public facility and while there they were treated badly by the staff or employees. Sometimes these stories involve a slip or trip and fall, but the fall is only incidental to what is seen as the true offense, which is the ill-mannered manager, clerk or security guard. Very often these people are still fuming over the incident even though it may have been weeks before coming to see me and even though they suffered little or no physical or monetary loss.<br /><br />My advice to these folks is very often to contact the better business bureau and to not return to the establishment. However, I am also direct to let them know that I do not believe it wise to pursue the matter through litigation, if that is in fact my conclusion. While it is always wise to seek a second opinion, many times, hurt feelings have little remedy under our legal system and any remedy that is available is often not worth the financial output.<br /><br />Every case must be evaluated on its merits and our law does allow for claims for defamation, certain emotional distress and harassments. However, my job as an attorney is to give each consult as honest and accurate evaluation as possible. Our system also, fortuantely, allows me to decide to refuse to take cases I do not believe warrant litigation, and I have done so in the past. My experience is that, while there may be some people out there trying to game the system, most people respond well to a fair and honest evaluation of their claim.Brian McDaniel, Attorney at Lawhttp://www.blogger.com/profile/01156213756295394518noreply@blogger.com0tag:blogger.com,1999:blog-8406819515291455380.post-90700665436738796082009-06-22T11:26:00.004-04:002009-06-22T12:27:31.963-04:00Accident investigation -Self-HelpOne of the first things that most attorneys will want to obtain in investigating an auto accident is the South Carolina Traffic Colission Report, or Accident Report, filed by the investigating police officer. Depending on which police agency investigates you may have different option in obtaining this quickly.<br /><br />If you, or a family member, are in an auto accident you should receive a copy of Form FR-10 from the responding officer. You can use the information on this form when you seek to obtain a copy of the Police Traffic Collission Report. The South Carolina Department of Motor Vehicles offers some online resources to facilitate a request for the Report. The Request forms can be found at: <a href="http://www.scdmvonline.com/dmvnew/forms/FR-50.pdf">http://www.scdmvonline.com/dmvnew/forms/FR-50.pdf</a> along with instructions about the fee and where to send your request and some informational pages such as: <a href="http://www.scdmvonline.com/DMVNew/default.aspx?n=accident_reports">http://www.scdmvonline.com/DMVNew/default.aspx?n=accident_reports</a>.<br /><br />Links, such as Online "Public Services" <a href="https://www.scdmvonline.com/dmvpublic/">https://www.scdmvonline.com/dmvpublic/</a> can assist individuals to collect information and to do things from address changes to obtaining duplicate licenses.Brian McDaniel, Attorney at Lawhttp://www.blogger.com/profile/01156213756295394518noreply@blogger.com0tag:blogger.com,1999:blog-8406819515291455380.post-15081549809461680902009-06-08T14:34:00.002-04:002009-06-09T17:01:16.341-04:00Review you Auto Insurance Policy Today!Over the years I have had to tell dozens of my personal injury clients that their medical bills far exceed the at-fault drivers' auto insurance policy limits. In those situations, as their attorney I will search for additional coverage, review the tortfeasor's personal assets and if possible, negotiate with the healthcare providers to reduce their costs, but there is a much more simple answer... UIM!<br /><br />UIM stands for UnderInsured Motorist Coverage and it can protect you from the negligence of others. Why is this important? Suppose you are hit by a drunk driver and spend 2 weeks in the hospital, needing surgery, physical therapy and a course of medication. Your medical bills will easily be tens of thousands of dollars. Todays auto insurance minimum limits in South Carolina are $25K per person/$50K per accident for personal injury. But regardless of how much, or how little, coverage the at-fault driver has, you are still responsible to the Hospital. If the auto coverage is not sufficient, you are still responsible for the rest, and statistics show that a huge percentage of bankruptcies are now caused by healthcare bills.<br /><br />In addition, Healthcare insurance may not cover this type of claim (check your healthcare policy) and even if it does, your healthcare insurance will most likely provide nothing for property damages, lost wages, pain and suffering, bodily impairment and other such claims that are the responsibility of the at fault party in South Carolina.<br /><br />This is where UIM comes into play. UIM is relatively cheap and pays for the damages which surpass the insurance coverage of the at-fault driver. Although there are certain requirments about the amount of coverage you can obtain, you should consult a trusted insurance agent to maximize this coverage. An additional $100K or even $500K of coverage is often much more affordable than you think and the access to that coverage can make an enormous.<br /><br />Do not expect the other driver to be looking out for your interests...get UIM coverage today.Brian McDaniel, Attorney at Lawhttp://www.blogger.com/profile/01156213756295394518noreply@blogger.com0tag:blogger.com,1999:blog-8406819515291455380.post-81256860833968336992009-06-08T14:15:00.001-04:002009-06-08T14:29:02.168-04:00Pushed to File a ClaimA great percentage of my clients only come to me after becoming completely frustrated with the Insurance company that is adjusting their claim. Whether it is a home fire or an auto accident, the claim usually begins on friendly terms, but at some point many people become frustrated at the adversarial, inefficient and sometimes hostile response they receive from the insurance company that is supposed to be covering them for the injuries they have received.<br /><br />Many of my clients decide to hire an attorney as a last resort, when their health and the mounting costs of healthcare put them in a severe financial crisis if they are unable to get the responsible party's insurance to cover the claim. The insurance company has the luxury of time, but the injured person often does not. Without healthcare many people can only afford a few trips to the doctor, and the insurance companies can often deny the claim in order to get the treatment to end. Conversely, the lack of treatment is often used by the Insurance Companies against an injured person to deny the severity of the injury later. Without the means to get the needed treatment, many people are pressured to compromise their claim, their health and often their futures. The Insurance Company may offer an inadequate and unfair amount of quick money that claimants feel pressured to accept just to meet their pressing expenses. It is often at that point that people that have never dreamed of filing a lawsuit will call an attorney.<br /><br />If you have an injury from an accident contact an attorney to assist you. Don't wait, but find an attorney that you can trust and one that will tell you honestly what you should expect and whether you need an attorney.Brian McDaniel, Attorney at Lawhttp://www.blogger.com/profile/01156213756295394518noreply@blogger.com0tag:blogger.com,1999:blog-8406819515291455380.post-54643416766570637482009-06-08T13:40:00.000-04:002009-06-08T15:03:28.933-04:00Workers Compensation in South CarolinaWorker's Compensation in South Carolina offers a variety of benefits for injured workers. Often these benefits are available regardless of how an accident occured as long as it is a workplace injury. However, certain time limitations exist which madate that the Employer be given Notice of the injury and which govern how long an injured person has to make a claim.<br /><br />In 2007 the State Legislature produced an Act which made several changes to the Workers Compensation system here in South Carolina. Certain body parts, previously unspecified, were assigned a number of weeks for loss of use (the shoulder at 300 and the hip at 280 for instances). In addition, certain requirements were enacted effecting the presumption of disability and the technical requirements for filing a claim. (See my earlier Blogs for more analysis)<br /><br />For more on the South Carolina Workers Compensation please see the link to Workers Compensation on my website at <a href="http://www.attorneymcdaniel.com/">http://www.attorneymcdaniel.com/</a> and visit the South Carolina Workers Compensation Government page which you can link to under the "Attorney Resources" Tab on my website.Brian McDaniel, Attorney at Lawhttp://www.blogger.com/profile/01156213756295394518noreply@blogger.com0tag:blogger.com,1999:blog-8406819515291455380.post-44646934627638912242009-05-28T14:54:00.000-04:002009-06-08T15:05:39.500-04:00Now Law Office of Brian McDaniel, LLC<a href="http://4.bp.blogspot.com/_g9Oz8KLyFxY/Si1Tc5wdnmI/AAAAAAAAABg/Wo1RNLCcAVw/s1600-h/Logo.JPG"><img id="BLOGGER_PHOTO_ID_5345020088764178018" style="DISPLAY: block; MARGIN: 0px auto 10px; WIDTH: 200px; CURSOR: hand; HEIGHT: 64px; TEXT-ALIGN: center" alt="" src="http://4.bp.blogspot.com/_g9Oz8KLyFxY/Si1Tc5wdnmI/AAAAAAAAABg/Wo1RNLCcAVw/s200/Logo.JPG" border="0" /></a><br /><div>After 9 years of legal practice I have opened my own office - Law Office of Brian McDaniel, LLC. My new web site address is <a href="http://www.attorneymcdaniel.com/">http://www.attorneymcdaniel.com/</a>. My practice will focus on civil litigation, including personal injury, workers compensation claims and trial practice.<br /><br />My telephone and address will stay the same.</div><br /><div></div>Brian McDaniel, Attorney at Lawhttp://www.blogger.com/profile/01156213756295394518noreply@blogger.com0tag:blogger.com,1999:blog-8406819515291455380.post-61021380083890831292008-08-30T19:39:00.000-04:002009-06-08T14:09:49.014-04:00Buyers Market for Beaufort HomesAs the real estate market here in Beaufort County slowly begins to rebound, many homeowners are reconsidering refinancing or taking out home equity lines of credit. Interest rates have remained low and for many folks it is a good time to get out of a variable rate mortgage or an interest only credit situation. Also, many savy buyers are scooping up nice homes and properties at rock bottom prices as homeowners continue to try and avoid foreclosure. Remember, if you are considering a home purchase, have an attorney draft, or at least review, the contract you intend to use. South Carolina law requires that an attorney close all land secured loans (including equity lines), but many people make the mistake of contacting their attorney after they have already signed a contract.<br /><br />As an update (June 8, 2009)- There are some signs that the market has made improvement, but many buyers seem to be struggling to obtain financing. However, banks and homeowners of all types remained motivated to sale.Brian McDaniel, Attorney at Lawhttp://www.blogger.com/profile/01156213756295394518noreply@blogger.com0tag:blogger.com,1999:blog-8406819515291455380.post-8156974326547276702008-06-25T17:30:00.000-04:002009-06-08T14:05:09.618-04:00Online LawyeringFor many years the advancement in technology has been shunned by many member of the legal community. This has probably occurred for a variety of reasons including, the perceived cost, a lack of understanding, fears of security and simple inertia. Fortunatley, cost effective software, gadets and technology driven services are becoming more accessible and tailored to the law office environment.<br />For instance, the South Carolina state Bar now supports the use of off-site data storage through internet based back-up service -specifically CoreVault. This service, and those like it, offer automated back-up services with enough capacity available to back-up a firm's computer data everyday, if desired. These services can go back to specific dates to recover lost or damaged data and are sophisticate enough to store only data that has changed in order to maximize server storage space.<br />With the ever increasing pace of technology, for a law firm to keep current, technology must be a priority. But the rewards and benefits make it worth the effort.Brian McDaniel, Attorney at Lawhttp://www.blogger.com/profile/01156213756295394518noreply@blogger.com0tag:blogger.com,1999:blog-8406819515291455380.post-78917366800485935422007-10-04T17:31:00.000-04:002009-06-08T14:05:09.623-04:00Great Leaping Fugitives!<a href="http://bp3.blogger.com/_g9Oz8KLyFxY/RwVc9mTabrI/AAAAAAAAAAM/nrH0TKbRJKg/s1600-h/Man_Jumps.jpg"><img id="BLOGGER_PHOTO_ID_5117598764900183730" style="FLOAT: right; MARGIN: 0px 0px 10px 10px; CURSOR: hand" alt="" src="http://bp3.blogger.com/_g9Oz8KLyFxY/RwVc9mTabrI/AAAAAAAAAAM/nrH0TKbRJKg/s320/Man_Jumps.jpg" border="0" /></a><br /><div>Amazing photo of fugitive attempting escape. Story continues that photographer tackles and holds the fleeing man until police can come get him.</div>(AP Photo, Sun Journal, Russ Dillingham)<br /><div></div>Brian McDaniel, Attorney at Lawhttp://www.blogger.com/profile/01156213756295394518noreply@blogger.com0tag:blogger.com,1999:blog-8406819515291455380.post-22603761235301879602007-09-14T09:08:00.000-04:002009-06-08T14:05:09.628-04:00Arbitrating vehicle damage claims in SCRecently 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. <br /><br />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.<br /><br />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.Brian McDaniel, Attorney at Lawhttp://www.blogger.com/profile/01156213756295394518noreply@blogger.com0tag:blogger.com,1999:blog-8406819515291455380.post-946823935914856702007-08-23T10:25:00.000-04:002009-06-08T14:06:41.251-04:00Changes in South Carolina Workers Compensation LawsOn 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.<br /><br />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.<br /><br />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. <a href="http://www.attorneymcdaniel.com/">http://www.attorneymcdaniel.com/</a>Brian McDaniel, Attorney at Lawhttp://www.blogger.com/profile/01156213756295394518noreply@blogger.com0tag:blogger.com,1999:blog-8406819515291455380.post-45291728143326601772007-08-08T13:36:00.000-04:002009-06-08T14:05:09.663-04:00Growing in BeaufortMcDaniel & 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.Brian McDaniel, Attorney at Lawhttp://www.blogger.com/profile/01156213756295394518noreply@blogger.com0tag:blogger.com,1999:blog-8406819515291455380.post-25260704794057084682007-07-27T10:16:00.000-04:002009-06-08T14:57:41.787-04:00New AddressAs 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.<br />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.<br />Note: Our Mailing address and phone will remain the same:<br /><br />Law Office of Brian McDaniel, LLC<br />Post Office Box 2085<br />Beaufort, South Carolina 29901<br />843.379.5117<br />843.379.5118 FAX<br /><br />For more about our firm visit our web site at <a href="http://www.attorneymcdaniel.com/">http://www.attorneymcdaniel.com/</a>Brian McDaniel, Attorney at Lawhttp://www.blogger.com/profile/01156213756295394518noreply@blogger.com0tag:blogger.com,1999:blog-8406819515291455380.post-32644730349211734822007-06-20T10:29:00.000-04:002009-06-08T14:05:09.673-04:00Hey Doc, Make a Note of ThisOver 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.<br /><br />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.Brian McDaniel, Attorney at Lawhttp://www.blogger.com/profile/01156213756295394518noreply@blogger.com0tag:blogger.com,1999:blog-8406819515291455380.post-5131542363619083332007-06-04T10:33:00.000-04:002009-06-08T14:05:09.677-04:00Death Benefits under SC Workers' Compensation lawsUnder 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 <span class="blsp-spelling-error" id="SPELLING_ERROR_0">claiming dependency</span> partially or totally dependent, and what was the average weekly wage of the decedent.<br /><br />You should also be aware that South Carolina also allows for a certain amount of burial <span class="blsp-spelling-error" id="SPELLING_ERROR_1">expenses</span> (capped at $2,500.00) in addition to the compensation benefits.<br /><br />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 <span class="blsp-spelling-error" id="SPELLING_ERROR_2">Compensation</span> Commission.Brian McDaniel, Attorney at Lawhttp://www.blogger.com/profile/01156213756295394518noreply@blogger.com0tag:blogger.com,1999:blog-8406819515291455380.post-85229263424657297152007-05-17T09:47:00.000-04:002009-06-08T14:05:09.682-04:00Welcome to Beaufort - Enjoy the summer!As the weather warms, Beaufort, Hilton Head and <span class="blsp-spelling-corrected" id="SPELLING_ERROR_0">Charleston</span> 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 <span class="blsp-spelling-error" id="SPELLING_ERROR_1">lowcountry</span> of South Carolina and the surge of people fuels everything from golf courses, to restaurants, to hotels and carriage rides.<br /><br />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).<br /><br />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 <span class="blsp-spelling-corrected" id="SPELLING_ERROR_2">unfortunate</span> 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.<br /><br />The other issue that results from the tourist season is that many times <span class="blsp-spelling-corrected" id="SPELLING_ERROR_3">vacationing</span> 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 <span class="blsp-spelling-corrected" id="SPELLING_ERROR_4">accident</span> <span class="blsp-spelling-corrected" id="SPELLING_ERROR_5">occured</span>.Brian McDaniel, Attorney at Lawhttp://www.blogger.com/profile/01156213756295394518noreply@blogger.com0tag:blogger.com,1999:blog-8406819515291455380.post-75363532729359795422007-05-15T09:47:00.000-04:002009-06-08T14:05:09.687-04:00The Edge of Technology- Selecting an attorneyAs 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.<br /><br />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.<br /><br />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.Brian McDaniel, Attorney at Lawhttp://www.blogger.com/profile/01156213756295394518noreply@blogger.com0tag:blogger.com,1999:blog-8406819515291455380.post-71397310888927381582007-05-09T11:13:00.000-04:002009-06-08T14:05:09.692-04:00South 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.<br /><br />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.<br /><br />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.Brian McDaniel, Attorney at Lawhttp://www.blogger.com/profile/01156213756295394518noreply@blogger.com0tag:blogger.com,1999:blog-8406819515291455380.post-28302419408081508972007-05-01T08:56:00.000-04:002009-06-08T14:05:09.702-04:00Auto Accidents - Do I need an Attorney? 1, 2, 3Auto accidents have become an expected part of daily life. Here in the <span class="blsp-spelling-error" id="SPELLING_ERROR_0">lowcountry</span> 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.<br /><br />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 <span class="blsp-spelling-corrected" id="SPELLING_ERROR_1">promised</span> money for that coverage. This all to frequent scenario can create a great deal of frustration for the injured person <strong>as well as for the at-fault driver</strong> 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.<br /><br />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.<br /><br />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.<br /><br />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 <span class="blsp-spelling-corrected" id="SPELLING_ERROR_2">think</span> 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 <strong>before</strong> giving a <span class="blsp-spelling-corrected" id="SPELLING_ERROR_3">statement</span>.<br /><br />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.<br /><br />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.Brian McDaniel, Attorney at Lawhttp://www.blogger.com/profile/01156213756295394518noreply@blogger.com0tag:blogger.com,1999:blog-8406819515291455380.post-43428675073582013792007-04-30T15:33:00.000-04:002009-06-08T14:05:09.713-04:00Lady's Island Bridge to the FutureAs 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. <span class="blsp-spelling-error" id="SPELLING_ERROR_0">McTeer</span> 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.<br /><br />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 <span class="blsp-spelling-corrected" id="SPELLING_ERROR_1">personnel</span> directing traffic and will <span class="blsp-spelling-corrected" id="SPELLING_ERROR_2">undoubtedly</span> have an impact on business on and around Lady's Island.<br /><br />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. <span class="blsp-spelling-corrected" id="SPELLING_ERROR_3">Unfortunately</span> for them, however, those days are gone and the attempts to <span class="blsp-spelling-corrected" id="SPELLING_ERROR_4">thwart</span> 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 <span class="blsp-spelling-error" id="SPELLING_ERROR_5">lowcountry</span> 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.Brian McDaniel, Attorney at Lawhttp://www.blogger.com/profile/01156213756295394518noreply@blogger.com0