Now Law Office of Brian McDaniel, LLC

After 9 years of legal practice I have opened my own office - Law Office of Brian McDaniel, LLC. My new web site address is http://www.attorneymcdaniel.com/. My practice will focus on civil litigation, including personal injury, workers compensation claims and trial practice.

My telephone and address will stay the same.

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.

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.