Pushed to File a Claim

A 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.

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.

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.

Workers Compensation in South Carolina

Worker'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.

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)

For more on the South Carolina Workers Compensation please see the link to Workers Compensation on my website at http://www.attorneymcdaniel.com/ and visit the South Carolina Workers Compensation Government page which you can link to under the "Attorney Resources" Tab on my website.

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.

Buyers Market for Beaufort Homes

As 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.

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.

Online Lawyering

For 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.
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.
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.

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.