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When Do I Hire an Attorney vs. Handling It Myself?

Self Help , , ,

Through various avenues and referral sources, I often times get some interesting questions about “potential” cases. Lately, I have been looking over my shoulder for the hidden camera or wondering which one of my friends in playing a joke on me. I’m not sure it’s a result of our litigous nature, the dying art of customer service, or people just dont have time to properly deal with issues that arise.

So enter my quick 3 step process to determine if you need a lawyer.

1) Are you dealing with an insurance company or adjuster?

– YES, you need a lawyer.  Insurance companies make money off of the money they don’t pay out in claims. You obviously have a claim and they want to minimize the payout to you regardless of how nice they may initially seem.

-Just ask yourself this: “Would you listen to the devil on how to get to Heaven? Then why would you listen to the insurance adjuster about how to settle a claim against them?”–Trey  Mills

2) Are you dealing with a rude employee, disgruntled employee, or frontline of a company?

-Probably Not. You need to make sure you document whatever the situation may be. Then reach out to the next level of management or ownership. If the wrong, or negligent act, that has been committed on you is not addressed by the next level of management or ownership then you need to determine the damages you have incurred. If those damages are simply hurt feelings and/or pride you don’t need a lawyer. If those damages are monetary and amount to more than a few thousand dollars then you may need a lawyer. If those damages are less than a few thousand dollars you may have alternative routes such as Magistrate Court, or Small Claims court. (Charleston County has online FAQs) You do not need a laywer to represent you in Magistrate Court in South Carolina, or most states. Think Judge Judy but less dramatic, not on television, and not as timely.

3) Are you trying to pursue a wrong from a company or person that has no assets, money, or insurance because “it just ain’t right?” 

-Probably not. You have certainly heard of the term, “You can’t get blood out of a turnip.” If not click on the previous link and don’t tell anyone you didnt know that. When I question the viability of a case or know that there is little to be gained from it, I request a retainer fee. That fee may very depending upon the case but it is usually at least $2,500.00. Are you willing to spend that much money to pursue your case? If not, then you don’t need a lawyer.

When you have performed this quick 3 step analysis and determined you need a lawyer, reach out to one. We don’t bite.

We represent clients  that have been injured at work, in wrecks, dog bites, slip and falls, nursing home abuse cases, and product liability claims arising out of South Carolina and Georgia.  Call us toll free at 1-800-483-0880, contact us on Facebook, Twitter, or just stop by. We offer free consultations to determine if we can assist with your legal needs.

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South Carolina Free Medical and Dental Clinics

Self Help , , , , ,

If you do not have any other resource to seek treatment for your injuries, ailments, disease, or disorder please use this resource to find medical and dental assistance.

We hope this helps you get the medical and/or dental treatment you need. No one should go without care in the United States. Additionally, those that are able should donate to ensure these facilities remain open.

http://www.freemedicalsearch.org/sta/south_carolina

For more specific local areas, please see below:

ANDERSON:  Anderson Free Clinic

GREENVILLE: Greenville Free Medical Clinic, New Horizon Family Health Services, New Horizon Family Dental Care, and West End Medical Family Alliance

PICKENS: Clemson Free Clinic

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If You Are Injured After a Wreck, Dog Bite, Slip & Fall or _______:Seek Medical Attention

Self Help , , , , , ,

It sounds so simple but so many people I interact with from Greenville, Anderson, Oconee, Seneca, Clemson, and the remainder of South Carolina, have a hard time understanding that lawyers are not doctors.

If you are hurt, hurting, in pain, or otherwise not in the same physical, mental, or emotional state you were in prior to some traumatic injury, or incident, then you should seek medical advice.  Doing this simple act can help you on several fronts:

  1. This helps diagnose and assess your problems;
  2. This helps you get better; and
  3. This helps objectify and validate the change(s) in your condition.

Having grown up in the rural area of Prosperity, South Carolina and now working for people from similar areas of the state, the comment:

“I dont like going to the doctor. They are just going to give me medication and run up a lot of bills.”

is a comment I hear all too often. However, try telling that evil insurance company that you are hurt, hurting, in pain, or otherwise not in the same mental, physical, or emotional condition you were in before ____________. (fill in the blank-wreck, slip & fall, dog bite, injury at work, and/or negligent product).

Try figuring out a reasonable and fair amount to be compensated for your injury when you are the only voice or piece of evidence in your favor. Think that evil insurance company will believe you more or a disinterested third party that has no interest in the outcome?

I know, most times the evil insurance adjusters wouldn’t believe they were on fire if they saw their skin melting but you can only do your part as a reasonable person. Leave the insurance fighting to those that do it all the time and fight for your rights–trial lawyers, aka Trey Mills.

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How Powerful is the Human Mind?

Self Help, Uncategorized , , ,

It could be the sound of a familiar song, the deja vu experience of having been there, or the intuition with having made a last minute adjustment that completely altered your life.  Well as I sit and write this article, I do so after having been awakened from a dead sleep to memories of my mother, Patricia Y. Mills, taking her last breathes as our family stood at her bedside on the early morning of September 1, 2003. I am awaken by memories I knew I would never be able to rid myself of but was not expecting the reminder to be so poignant.

In the past six years I have done some amazing things and I have done some amazingly stupid things.  The old adage “two steps forward, three steps back” come to mind.  I often wonder with the guidance and advice of my mother if any steps in my life would have changed or been altered for better or for worse. I don’t think I would have the drive that catapults me to the forefront of living my life in such a manner that I try not to look back, enjoy those moments with friends and family,  and interact more with real people not engaging in fake, superficial relationships.

There are many things my mother taught me but my fondest quote was given to me when I was distraught over a 11th grade relationship with what I thought was the love of my life. My mom was quite the looker, yet could tear you apart with her eyes and cutting glances. Twenty years as an Emergency Room nurse on the 3rd shift can teach you those innate qualities of dealing with all walks of life. My mother said this:
Do you want to ride the merry-go-around all your life, where nothing really changes and life is always the same OR do you want the roller coaster, where you have your ups and downs but it’s always exciting?—- Patricia Y. Mills

I always chose the roller coaster.  It was her way of reminding me to always go for the best life has to offer because most people are too scared, too insecure, or too worried about what others think to take chances. You may not succeed every time but if you are going down, eventually things will go up and always be prepared for the downward ride when things are really high.  This week is another reminder that the roller coaster has its ups and downs but it is always exciting.

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South Carolina Slip and Fall Law: Premises Liability

Self Help , , , , ,

Premises liability is often times referred to as “slip and fall” law. A general overview of South Carolina premises liability indicates that:

  • To establish negligence in a premises liability action, a plaintiff must prove the following three elements:(1) a duty of care owed by defendant to plaintiff; (2) defendant’s breach of that duty by a negligent act or omission; and (3) damage proximately resulting from the breach of duty. See Hurst v. East Coast Hockey League, Inc., 371 S.C. 33, 37, 637 S.E.2d 560, 562 (2006). (emphasis added);
  • If you can’t demonstrate how the defendant owed a duty of care to the plaintiff then the defendant can move for what is called “summary judgment”and you will not even have your case heard by a jury but thrown out of court. Singleton v. Sherer, 377 S.C. 185, 200, 659 S.E.2d 196 (Ct.App. 2008). See also Hopson v. Clary, 321 S.C. 312, 314, 468 S.E.2d 305, 307 (Ct.App. 1996);
  • The nature and scope of duty in a premises liability action, if any, is determined based upon the status or classification of the person injured at the time of his or her injury. Singleton v. Sherer, 377 S.C. 185, 200, 659 S.E.2d 196 (Ct.App. 2008). See also Sims v. Giles, 343 S.C. 708, 715, 541 S.E.2d 857, 861 (Ct.App.2001);
  • South Carolina recognizes four general classifications of persons present on the property of another: adult trespassers, invitees, licensees, and children. Different standards of care apply depending upon the classification of the person present. Singleton v. Sherer, 377 S.C. 185, 200, 659 S.E.2d 196 (Ct.App. 2008). See also Larimore v. Carolina Power & Light, 340 S.C. 438, 444, 531 S.E.2d 535, 538 (Ct.App. 2000) (“The level of care owed is dependent upon the class of the person present.”)

Understand premises liability in South Carolina now? I didn’t think so. I haven’t even had a chance to detail out the law on each one of the above mentioned categories of persons present on the property of another: (1) invitee (2) licensee (3) adult trespasser (4) child.

I didn’t have a chance to mention “Assumption of the Risk” and “Open and Obvious” defenses the defendant’s attorneys often times raise in an effort to downplay their client’s negligence.

Remember what makes these cases harder than the most common personal injury cases:

  • No highway patrolman or police officer shows up to the scene and listens to both sides and determines that one side is more at fault than the other;
  • No person usually admits guilt;
  • There are usually no witnesses to the “slip and fall”, and
  • There is usually no camera or surveillance footage available, contrary to those black bubbles you may see or thoughts that there should be a camera available.

Do some work to assist your attorney in helping you with these cases by:

  1. taking any pictures of the area in question to better illustrate the negligent condition of the property;
  2. getting a copy of any incident report filled out by the landowner or their agents, servants, and/or employees;
  3. write down names and contact numbers for any witnesses that may have seen the slip and fall or come to your aid; and
  4. if you are aware of any negligent conditions on someone’s property notify them in writing with certified mailand share your concerns with them.
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