South Carolina Injury Law Journal

Leukemia & Lymphoma Society Man of the Year Fundraiser

Trey Mills — Mon, 15 Mar 2010 08:15:20 -0500

Every 4 minutes one person is diagnosed with a blood cancer.

I was one of those people 14 years ago and as of March 13, 2010, I am embarking upon a ten (10) week fundraising effort to raise $15,000.00 for the Leukemia & Lymphoma Society.

Every dollar counts as one vote, and the titles are awarded to the man and woman with the most votes at the end of ten weeks; the top local fundraisers in the country win the national titles.

Funds raised by the Leukemia & Lymphoma Society Man & Woman of the Year participants are used for:

Lifesaving blood cancer research
Financial assistance to cover patient expenses for transportation, medication and testing
Free educational materials and events for patients and their families
Local programs such as Family Support Groups and First Connection, a peer-to-peer counseling program
Comprehensive, personalized assistance through our Information Resource Center

Get in the game and start supporting this cause. If not for me, for the cause itself. I would appreciate any financial assistance you could provide. Yes, I am financially contributing thousands of dollars that I am not counting towards the $15,000.00 goal, so you are not alone.

Go to the Leukemia & Lymphoma Society Man of the Year personalized website to donate! Or by clicking here.

http://scar.mwoy.llsevent.org/pledge/index.cfm?mid=TREYMILLS

I have previously written about my cancer experience and after you donate money feel free to read it. If you don't donate money, you can't read it.

(Bad Word) If You Have Never Had Cancer!

Felony DUI in Anderson Car Wreck Leaves More than Injuries

Trey Mills — Fri, 12 Mar 2010 07:22:42 -0500

The Anderson Independent was reporting that a young lady, Julie George, was charged with one count of felony driving under the influence involving a death for an accident that occurred in Anderson County on Friday, March 5, 2010.

According to the South Carolina Department of Public Safety, this was the tenth death in a motor vehicle crash this year in Anderson County, the highest year-to-date of any county in the state. Ms. George admitted to texting while driving in the moments before the wreck and was unable to pass preliminary alcohol tests.

The driver that Ms. George struck head on and fatally injured had a 7-month old child and fiancee.

St. Francis of Greenville Emergency Room Visit

Trey Mills — Wed, 10 Mar 2010 13:09:32 -0500

I was stepping out of my car onto a curb the other day in downtown Greenville, South Carolina and heard my left foot "pop" three quarters of the way up the foot on my left side. I immediately felt pain and could not put weight on my foot. I went straight to the nearest emergency room, which was St. Francis Hospital.

The nursing staff and front end people were amazing. They got me in, took my information, got me back to a room in less than thirty minutes. The x-ray technician came and wheeled me into the x-ray room and then carted me back. All that was done within an hour and half. Amazing and I was impressed (at that point).

Then I felt I was living in Dr. Seuss' "Waiting Place" from Oh! The Places You Will Go. Finally a PA, or physician's assistant, came in and pushed around on the area I indicated was in such pain. I jumped around of course as she did that and she made the comment that maybe she should go look at the x-rays. Really!? The ones you ordered before you ever saw me?

Lastly a nurse comes in and gives me an Ultram tablet and says they are going to wrap the broad side of my foot in an ACE Bandage. Really!? Why? What was the results of the x-rays? Why can I not put weight on it?

No doctor, no consult as to the result of the x-ray, no explanation as to what is wrong with my foot if nothing was broken. Or were they just going to send me home with a fracture to follow up? Did I mention that outside of nursing staff I had billing come back and take my $250.00 co pay for my ER visit? Money paid and claims will be filed on my health insurance but for what? I got a form that says I saw a doctor. I never saw a doctor. Do you think I will be charged for seeing one?

When I responded I wasnt leaving until someone explained the results of the x-ray, the possible diagnosis, what I could do to get better, and what I needed to watch out for, they sent the PA back in. She apologized for it being so hectic (calmest ER I have ever seen and my mother was ER nurse at Lexington Medical Center for 15 years-so I have seen hectic ERs) and then told me I had a sprain.

Fast forward two weeks and I am still in pain and can not put much weight on my foot. I go to Anderson Medical Center, they refer me to Blue Ridge Orthopedics and low and behold, x-rays reveal a broken metatarsal bone in my foot (one of the bones that leads to your toes).

Important things to take from this:

This is not worthy of medical malpractice. Medical professionals range from good to bad just like all professionals. St. Francis provided poor care. That's it. Move on.
If you have a personal injury, only you know how your body feels.
If you are unhappy with services provided to you, try another hospital, doctor, or medical provider.

Personal Injury Claims and Bankruptcy (Part Two)

Trey Mills — Tue, 02 Mar 2010 11:15:27 -0500

In Part One, I explained that if you don’t list your personal injury claim in your bankruptcy, you don’t “own it” any longer and don’t have the right to pursue the personal injury claim. In this post I’ll tell you about another problem you’ll have and about a real case right here in South Carolina.

Judicial Estoppel Can Really Cause You Problems

If you fail to list legal claims during your bankruptcy, you may forever lose the right to pursue those claims. Once the other lawyer finds out your bankruptcy is inaccurate, you can’t say, “Whoops, I guess I’ll call my bankruptcy lawyer and list that claim on my schedules!” It’s too late.

This problem just raised its ugly head in the United States District Court here in South Carolina. Blanche Wright had a legal claim against Richard Guess alleging violation of her civil rights. But when Ms. Wright filed bankruptcy, she didn’t list the federal lawsuit.

Predictably, the defense attorney found out about her bankruptcy filing. And they always do, by the way.

The defense then asked the court to dismiss Ms. Wright’s case because (1) she didn’t have standing to bring it—that is, she didn’t “own” the claim; her bankruptcy estate did, and (2) because Ms. Wright’s claims should be barred because of judicial estoppel.

What Exactly is Judicial Estoppel Anyway?

As Judge Anderson explained, “judicial estoppel is ‘an equitable doctrine that prevents a party who has successfully taken a position in one proceeding from taking the opposite position in a subsequent proceeding.’” This means you can’t say, “I have no legal claims” in your bankruptcy by not listing your personal injury case, then turn around and say, “I do have a legal claim” in your state or federal court case. You can’t “play fast and loose with the courts,” as Judge Anderson explained in Ms. Wright’s case.

Although Ms. Wright actually amended her bankruptcy after the defense filed its motion to dismiss, this didn’t impress Judge Anderson, who stated, “[c]ourts have repeatedly rejected the argument that judicial estoppel should not be applied when the debtor-plaintiff has attempted to remedy an omission by amending her bankruptcy filings.”

What’s All This Mean?

The bottom line is this:

You must notify your personal injury lawyer if you intend on filing bankruptcy. He needs to know. And he may also be able to refer you to a bankruptcy lawyer he knows will be qualified to handle your case.
You must list your personal injury claim on your bankruptcy schedules. Don’t ever hide anything from any lawyer you hire, and this is especially true when dealing with assets like claims in your bankruptcy estate.
If you don’t list your injury claim in your bankruptcy estate, you may lose it forever. Saying “oops, I forgot” will not work.

Your lawyers want the best outcome to your cases. Help them help you by keeping them informed of all your legal problems.

(This is a guest post written by Russell A. DeMott. Click on his biography below for more information about Mr. DeMott's bankruptcy practice.)

Russell A. DeMott is a bankruptcy lawyer practicing in Charleston, South Carolina. He represents clients in Chapter 7 and Chapter 13 bankruptcy.

Allstate Policy Holders and Victims Should Know They Are Not in Good Hands

Trey Mills — Thu, 25 Feb 2010 12:16:10 -0500

In legal circles, insurance circles, and amongst colleagues of both sides of the coin, plaintiffs and defendants, there is an on going understanding of how awful Allstate Insurance claims adjusting and case evaluations are in comparison with reality and fairness.

I tell everyone that comes in my office how bad Allstate Insurance company is when it comes to providing a fair or reasonable offer on their personal injury claim. Again, truth is an absolute defense to any potential libel or slander claims so I want to put forth the TRUTH about Allstate:

Insurance adjusters for other insurance companies have resolved their portion of a claim with me and said, "Good luck"; "I wouldn't want to deal with them", "I don't see how they haven't been shut down by the state", in reference to resolving the other portion of the claims with Allstate;
I have been told by an Allstate insurance adjuster that regardless of what my client's treating physicians said they were not paying the claim because she didn't think my client was hurt. (She may have had a college degree but no medical training or certification);
Allstate insurance representatives (in SC) have openly discussed with me how bad the company is run, how ridiculous the claims process is for them to get any authority, and how a machine (Colossus) tells what your claim is worth, not a person;
Allstate adjusters have told my clients (prior to my representation), that they can't possibly be hurt because of the collision they were in and need to settle the case because an attorney can't help them;
A year or two ago they use to have a system to try and move cases and it didnt matter what happen or what injuries the client received. It was based solely on medical bills. From $0-2,500 they would offer $500; $2,500-7,500 a $1,000 and so on but no more than $2,000 regardless of the amount;
I have had numerous cases where they offered to settle for less than or equal to the medical bills and then I file suit and go through the litigation motions only to settle for a reasonable value and absolutely no facts, medical bills, or circumstances arose that would merit such an increase other than the fact, I filed suit. (one such instance was so ridiculous that my client had a $15,000 offer and absolutely nothing changed but litigation was initiated--we settled for nearly half a million); and
More than half a dozen defense attorneys I work with have made this specific statement when discussing Allstate cases, "Well Trey, you know this is Allstate........." (No other insurance company is mentioned in that regard).

Why do I hate Allstate Insurance Company so much?

I do not believe they conduct their insurance practice in good faith;
Their commercials grate on every nerve I have when I know how poorly they treat their own insureds (what you are if you have Allstate Insurance), much less victims injured by their insureds; and
Consumers (you if you buy anything) are not educated on the front line about what they are buying and then they are being taken advantage of by their own insurance companies.

My solution:

I have decided to fight Allstate regardless of the time, resources, and value on the claim;
I educate every person I see, regardless if they become a client, on insurance and how bad Allstate conducts claims;
I remain an active voice for those that have been deceived, manipulated, talked down to, and dejected by uninformed, uneducated, and ignorant Allstate representatives; and
I blog when my blood pressure gets sky high because an Allstate adjuster just offered me $1,200 over medical bills of $12,800 and did not dispute that their insured was at fault or the injuries my client received. When I asked the reasoning for the offer and he gave some BS answer I made the comment that I don't know why I even ask anymore and he said, and I quote verbatim, "Yeah, I don't know either. I came from another claims office and it just seems like a waste of time."

I am always open to hearing the other side of this issue or in lieu of no one having anything good to say about Allstate either, more war stories of how bad they are.

Personal Injury Claims and Filing Bankruptcy (Part One)

Trey Mills — Mon, 22 Feb 2010 07:42:59 -0500

If you are injured and are having financial problems, you may need to file bankruptcy. If you find yourself in this situation, it’s vitally important that you advise your bankruptcy attorney of your personal injury claim.

Let’s face it. Injury often causes financial problems. If you can’t work, you don’t get paid, or you get paid only what your disability insurance covers—usually a small portion of what you were earning prior to the injury. And that’s if you’re lucky and don’t get jerked around by the insurance company.

Financial problems, in turn, often lead to bankruptcy. I see this frequently in my Charleston bankruptcy practice. If that happens to you, there are some important things you should know.

Having Two Lawyers is Like Having Two Doctors

If you have two doctors and one prescribes something the other doesn’t know about, that can be dangerous. It’s the same with two lawyers. You might think that your bankruptcy lawyer doesn’t have anything to do with your personal injury claim, but he does. You need to make sure each lawyer knows about the other.

Your Injury Claim is Property of Your Bankruptcy Estate

When you file bankruptcy, any assets you have become property of your bankruptcy estate. Don’t panic! This doesn’t mean you lose everything you own. It does mean, however, that you must list all your assets and then claim your “exemptions” in them. “Exemptions” are property you are allowed to keep. For example, in South Carolina you are allowed a $51,450 of home equity, a vehicle with a value up to $5,150, and many other exemptions.

But here’s the rub. If you don’t list the asset, you can’t exempt it. Only disclosed assets are abandoned (released) from your bankruptcy estate. Your bankruptcy trustee will specifically state this at your bankruptcy hearing.

So if you don’t disclose your personal injury claim in your bankruptcy, you don’t own it. That means it can’t be released from your bankruptcy estate and remains an asset for the bankruptcy trustee to recover. If the insurance company’s attorney finds out about your failure to disclose your personal injury claim in your bankruptcy case, he’ll use that to get your personal injury case dismissed.

In addition, it’s a felony to withhold information in your bankruptcy filing. Actually, it’s two felonies: bankruptcy fraud and perjury—lying under oath. Both are serious crimes and can result in prison sentences.

In “Personal Injury Claims and Filing Bankruptcy (Part Two)", I’ll discuss another problem you’ll encounter and an unfortunate case from right here in South Carolina.

(This is a guest post written by Russell A. DeMott. Click on his biography below for more information about Mr. DeMott's bankruptcy practice.)

Russell A. DeMott is a bankruptcy lawyer practicing in Charleston, South Carolina. He represents clients in Chapter 7 and Chapter 13 bankruptcy.

Maui is the Perfect Place for a Conference and Vacation

Trey Mills — Tue, 09 Feb 2010 21:03:42 -0500

Not all life is pain and injury. Sometimes you get to take advantage of your hard work and dedication. Or as the Bible states in Psalm 128:2, " You will eat the fruit of your labor, blessings and prosperity will be yours." As a member of the American Association of Justice (AAJ) I was invited to a conference in Maui, HI. This being my fifth year as a plaintiffs' lawyer I felt the time was good for a little vacation and working conference.

The lineup is always amazing for the AAJ Conference and the talented, experienced, and world renown lawyers that were on hand helped motivate this younger, yet driven attorney. Its always good to draw on the passion I have to fight against the evil insurance companies, ie (Allstate, Selective, Sentry, Progressive, State Farm, and many more) and to see that passion in practicing attorneys of 30 years or more is energizing. As an evil insurance hater in Anderson, South Carolina you can sometimes feel like an island but when you rekindle that hatred for wrong doers amongst other successful lawyers around the country you are reminded that you are on the right path.

If you ever get to Maui for a vacation to relax, rejuvenate, and/or reflect here are things I recommend from a nonworking perspective:

Old Lahaina Luau- A great look into Maui's history and to the Hawaiian way of life in general. Not as commercialized as other advertised luaus and the food was amazing. Plus if you like to drink the price includes all you can eat and drink. The location is right on the ocean and reservation are a plus.
Sail Triology- Both the book I bought and friends that went before us recommended this tour for snorkeling. On the day we went we actually had the founder on the boat, got to see the sun rise, saw a twin whale breach, heard whales underwater while snorkeling, had fantastic food, and smooth sailing. A must do excursion.
Road to Hana- this was made more delightful by not driving personally and not having to return back on the same day by car. It has been named the "Divorce Highway" by locals because of the toll the winding roads and one way bridges take on a couple. Simply beautiful, historic, and breathtaking. So hard to describe but is a must do. We drove there and took a helicopter ride back touring the waterfalls and the volcano, Haleakala.
Old Lahaina Grill-not sure how we found this on the first night but it was great. Others bragged about Mama's Fish House but we felt it was overrated and overpriced. You can't beat the location of Mama's Fish House but I think you can beat the food. A runner up in the food area was the Waterfront Restaurant- simple, affordable, and good.

I have been blessed to travel to many places in my short life of 32 years and I encourage others to do the same because you never know what life has in store for you. As a 14 year leukemia survivor I dont wait on my retirement to visit the places I want to see. I see them as soon as possible and check them off the list I made shortly after cancer.

Visit Hawaii. Check.

Why is the Insurance Company Not Named as the Defendant in the Lawsuit?

Trey Mills — Mon, 18 Jan 2010 19:33:15 -0500

I had a good question today by a reader that inquired as to why he had to file suit against the person that harmed him without putting down the insurance company that he had been dealing with. That is an excellent question and presents so many layers of legal analysis that I am merely going to skim the top and provide a somewhat basic version.

It's because insurance companies lobby big money to be the "man behind the curtain" without ever truly having the target on their backs. In a trial you can not mention "insurance" for either party regardless of type, ie health insurance, homeowner's insurance, and automobile insurance. Those are considered collateral sources and are not to be given weight by an impartial jury. Yes, yes, we all know about "insurance" even if we were in that magical jury box but it can not be talked about in court by either attorney, plaintiff, or defendant.

We all know that when you are harmed/injured in a wreck by the negligence, omission, and/or ignorance of another, that person's liability insurance will have to assess the personal injuries and property damage that arise out of all wrecks. OR the "uninsured" policy of your automobile insurance will cover the property damage and personal injuries because the at fault person is without insurance. Yes, that means your insurance company defends the at fault party against you.

Often times after you leave the scene of the wreck, or incident, in question you never speak with the responsible party. However, you are contacted by the responsible party's insurance company that then gives you the cold shoulder or acts like you did something wrong. (I appreciate them doing that because it makes my life so much easier).

OR in a really ironic turn of events, your insurance company then defends the at fault party against you because they really don't want you to just walk away with those premiums you have paid for the past couple years. You have to earn them by fighting your own insurance company for compensation for your injuries and property damage! Hilarious, I know.

Seek legal advice anytime insurance companies are involved. You don't have to retain legal counsel but it doesn't cost you anything to hear what the law really is in a personal injury case vs. what insurance adjusters reading from a computer to save their company money say it is.

I'm just sayin....

2009 South Carolina Personal Injury Articles in Review

Trey Mills — Wed, 30 Dec 2009 01:17:19 -0500

I started blogging back in November of 2008 therefore with the closing of the 2009 calendar year, this will be my first (1st) full year in review.

There is little doubt from my background, occupation, and particular writing style that I hate insurance companies. I have highlighted those articles I wrote throughout the 2009 year that provide the biggest return on investment for my readers. I hope that you have enjoyed reading my blog, regardless of your own personal beliefs and opinions, as there are always two sides to any issue.

South Carolina Foreclosure Sale: My Personal Experience

Given the current economic climate and the many more foreclosures I feel will be coming on the market in the first quarter of 2010, this is a good read for those of you thinking houses are bought for $1.

What Can I Do About Property Damage to my Car After a Wreck?

Numbers speak for themselves and more than likely you will be involved in a wreck. If the wreck is bad enough to cause any property damage you do not necessarily need a lawyer.

South Carolina Property Arbitration for Depreciation, Loss of Use, & Actual Damages

This article goes into more depth than the one above when the insurance company jerks you around over something so easy to determine value such as property.

Dogs Bite, Owners Pay: South Carolina Dog Bite Law

There is no one bite rule in South Carolina. This is strict liability and if your dog bites someone else anticipate some insurance payout.

Insurance Companies Don't Care About You: They Care About Your Premiums

I say what others think and know. This is no different and you should understand the logistics.

Allstate Insurance's "Good Hands" are Wrapped Around Your Throat!

They are awful. The worst insurance company you could possibly use in my personal opinion. I can tell war stories against Allstate for days on cases I had just in 2009. Please stop letting such blatant insurance abuse happen by using the worst insurance company out there.

Insurance Claim Game: 10 Tips to Follow

When you are injured in an automobile wreck these tips may help you avoid having to hire an attorney on a smaller case.

Tips for Young Lawyers on Being Trial Lawyers

After four full years of practicing and being thrown into a trial the first couple months as a lawyer, I guess I have learned some things. I am just excited to still call myself a young lawyer at 31.

Graduation Speech for Mid-Carolina High School 2009

I was blessed and honored to come back to my high school and give the commencement speech.

F___ You If You Have Never Had Cancer!

After my uncle was diagnosed with cancer and started his battle earlier in the year a flow of emotions and memories were brought back from my experience some 14 years ago. Sorry for the language but it was what I was feeling at the time.

If We Only Had to Pay Insurance Reimbursed, Reduced and/or Recommended Prices

Trey Mills — Mon, 21 Dec 2009 22:15:10 -0500

I am amazed every day with comments made by insurance adjusters or agents, servants, and/or employees working on behalf of insurance companies. Regardless of whether it has to do with my personal health insurance, automobile insurance, property insurance, and/or other types of insurance.

It all boils down to insurance companies belittling, discrediting, discounting, ignoring, amending, omitting, and/or re-creating invoices, or bills, legitimately charged by professionals for services rendered.--Trey Mills

Let's look at a few recent examples I have run across just this week:

I needed medical treatment so I went to a medical professional, aka, a medical doctor. This medical professional went to school for over 20 years to be a licensed medical professional. The physician provided me with medical advice and treatment I needed. I filed it on my health insurance and when it was all said and done out of the $110.00 bill, my insurance company discounted it by $55.00 for a "network discount". I paid my $25.00 co-pay and because I have not met my $2,000.00 deductible, I owe the $40.00 remainder. What the heck did the insurance company pay for? I am pretty sure if I was uninsured and had the ability to pay in cash I would have gotten a 50% reduction = $55.00. Instead, since I had health insurance, I had to pay $65.00. (Health insurance is truly for cancer and other catastrophic injuries/illnesses that happen in life. Other than that, bend over). There was a great article in the L.A. Times entitled "Why Require People to Buy Health Insurance". Admittedly, I would rather have things privatized than governmentalized but what is the difference between an extra tax and mandating people pay insurance premiums? You say tomato. I say tomato.
I wrecked my car so I went to the only local certified manufacturer of my car within 100 miles and had the parts repaired and replaced. Since the wreck was not my fault, I notified the at fault party's insurance company and requested they pay my repair bill (actual costs), my rental bill (loss of use), and depreciation. The at fault insurance company discounted my repair bill by over $300.00 because they felt it was over priced, offered me $10 a day for a rental car, and said that they do not recognize depreciation. (South Carolina law does and when I filed "Arbitration Pleadings" they paid me almost double their original offer).
I have rental property so I needed insurance for those rental properties. One of my houses is centrally located within four houses from Falls Park in Greenville,SC. The lot alone is valuable, not to mention the "historic" two story house that is being remodeled. However, the replacement costs for the house, per the insurance estimate, is astonishingly low. I wonder what builders or estimators are providing those costs? I need to get them in there remodeling the house but then again, it would probably be put back together with glue and toothpicks.

"If I only had a ........

South Carolina Property Arbitration for Depreciation, Loss of Use, & Actual Damages

Trey Mills — Tue, 01 Dec 2009 19:07:23 -0500

I have always threatened to take an insurance company to arbitration over their ridiculous offers but never had a client that could afford to take the time and roll the dice on a Battle Royal. Ask and you shall receive. *(see a recent update on this article at the bottom).

Today, I partook in my first property arbitration over depreciation, or diminution of value, due to an automobile wreck and subsequent repair of their vehicle. This was my first because, as an attorney and business venture, it is not worth the time, effort, or eventual outcome to pursue such action, especially when there are personal injuries that arise out of the accident. The personal injury claims are a much more valuable and worthwhile effort for attorneys to assist. However, I did this one pro bono, gratis, and/or "for free". Although I did not gain financially from this venture, I was able to gain through experience. A much more valuable weapon against evil insurance companies.

With most every car accident arises two causes of actions.

Property Damage: A claim for property damage can be in the amount of actual damages (repair costs), loss of use (not having your car/having a rental), and depreciation/diminution of value (the value of your car before vs. after the accident-given that it was in a wreck); and
Personal Injury: Any injury sustained as a result of the physical, mental, and/or emotional impact of the accident, or trauma.

In my case, the plaintiff had her brand new, candy apple red convertible slammed into by a dump truck. The defendant did not dispute that they were at fault. The defendant repaired the vehicle and provided a rental but when the plaintiff inquired about depreciation due to the stigma of the car being in an accident, the insurance company said they did not recognize such damages. WHICH IS BULLSHIT and ILLEGAL. Insurance companies don't make money paying it out, they make money keeping it.

The highest offer the defendant made was only a couple hundred dollars to my client, even after I became involved. At arbitration the plaintiff was awarded almost triple the insurance company's highest offer and it was the insurance company's expert testimony that helped the arbitration panel make their determination.

Why would an insurance company drag this out and only offer a few hundred dollars? That would be because 80-90% of you will go away and the 10-20% that fight them are cheaper to pay off than the 80%. It is a numbers game. The more you roll over to the insurance companies, the more money they make, and the more they laugh at you. Don't let them laugh at you, fight back!

You don't have to be an attorney to request an arbitration hearing or to file a claim in small claims court. Please go to this link to learn more:

http://www.doi.sc.gov/consumer/auto.htm

South Carolina allows for persons to request an arbitration through S.C. Code Ann. 38-77-730:

SECTION 38-77-730. Request for arbitration; no formal pleading and process; arbitration docket; filing of claim; service of summons to defendant.

(a) Any person who is a party to the disputed property damage liability claim may submit his claim for determination through arbitration. No formal pleading or process is required. The clerk of court of each county shall prepare and keep an arbitration docket and set the cases thereon for arbitration as provided by law for the settling of cases in the court of common pleas.

(b) The claim must be filed with the clerk of court in the county in which the cause of action arose or where the plaintiff or defendant resides. The claim must be filed in triplicate with the clerk of court on forms to be provided by him. The forms shall set forth the names of the parties, the date and place of the accident, and the amount of property damage claimed. The clerk shall file one copy in his office, and one copy must be served upon the defendant as provided by law for service of summons and complaints. The sheriff, or such other person, shall promptly serve the claim upon the defendant and shall receive the sum of five dollars to defray the cost of securing this service. The sheriff, or such other person, serving the process shall promptly file an affidavit of personal service with the clerk of court on forms to be provided by the clerk.

(c) There must be attached to, or made part of, the form a summons to the defendant named notifying him that he should file a response with the clerk of court within thirty days from the date of service and that failure to file a response within thirty days entitles the plaintiff to a default judgment. The form must be signed by the party filing it or his attorney, if any, and shall by order of reference show the address of the person signing it.

SECTION 38-77-740. Hearing; notice to parties; damages to be awarded; securing attendance of witnesses.

(a) The court, or the clerk acting for the court, shall assign the arbitrators to hear the matter at the courthouse, or other designated place in the county where the claim is filed, within sixty days after the date of filing, or as soon thereafter as is feasible. The clerk of court shall, on a form provided by him, advise the parties or their attorneys of record, if any, by mail as to the place, date, and time of hearing and shall advise the parties to bring all records which may pertain to the claim, including, but not limited to, the following:

(1) Two estimates of damage to the motor vehicle or its contents signed by the estimator.

(2) Signed receipts for car repairs.

(3) Bills or receipts for other property damages claimed.

The forms shall also contain notice to the parties that, if they cannot attend because of illness or otherwise, the clerk of court must be notified as soon as possible with the request that another date be set for the hearing.

(b) Property damages must be awarded as provided by law, including, but not limited to, actual damages, loss of use, depreciation, and any other property damages which are the direct and proximate result of the accident.

(c) The parties may secure the attendance of witnesses by their voluntary appearance or may secure their attendance by subpoenas prepared and issued in accordance with the laws of this State.

* Modified on December 21, 2009:

Don't think being an attorney affords you any differences when dealing with insurance companies. I recently had to go through the same process with an insurance company as a result of a property damage claim. They forwarded me a check significantly lower than the actual repair costs, rental car invoice, and depreciation. I requested an explanation within 7 days and received none. I filed arbitration pleadings in the proper county and had an offer almost double the initial amount within 3-4 days. Don't play around with them. File the arbitration papers for $5.00 and then send them an original copy with a reasonable demand.

Interstate 85: Traffic Accidents Caused by Speed and Distraction

Trey Mills — Mon, 16 Nov 2009 22:50:08 -0500

I was surprised with the amount of fatalities we were having on Interstate 85 back in July of this year and wrote, "Wrecking' Havoc on Interstate 85 in Upstate South Carolina". There were too many fatalities occurring in such a short period of time on the same stretch of interstate that runs from the Georgia/South Carolina border to the Greenville/Anderson County line.

Local journalist, Rick Spruill of the Anderson Independent, took this research on I-85 to a new level in his article entitled, "Pressure Cruise: Traffic Increase on I-85 in Anderson County". Some interesting points to consider are:

An average of 46,277 vehicles travel daily through Anderson County along the interstate between S.C. 24 near the Georgia state line and S.C. 153 near the Greenville County line;
Overall, I-85 sees more fatalities over a much shorter distance than other interstate corridors running through South Carolina such as Interstate 95 or Interstate 20;
According to the most recent data available from the South Carolina Department of Transportation, in 2007, I-85’s 107 miles of interstate were the site of 354 traffic fatalities in South Carolina;
According to TRIP (The Road Information Program) vehicle traffic in South Carolina is expected to increase by almost 50 percent by 2025, after jumping 45 percent between 1990 and 2007;
In 2008, the financial cost of all collisions that happened on I-85 in Anderson County totaled more than $22 million;

In the article, Lance Cpl. Kathy Hiles of the South Carolina Highway Patrol said,

“Unfortunately, we have more distractions than ever with cell phones, GPS units and PDAs with e-mail access. ... Anything that takes you away from the task at hand should be kept to a minimum. It only takes an instant of distraction to create a lifetime of regret.”

Insurance Companies Don't Care About You: They Care About Your Premiums

Trey Mills — Wed, 11 Nov 2009 02:55:53 -0500

In my article, "How Do Insurance Companies Make Money?", I go over Profit = earned premium + investment income - incurred loss - underwriting expenses. However, it is not my intention to be that technical this time around.

Insurance companies have many different layers, or divisions, but you as the client, or insured, interact with insurance companies on only 1-2 levels:

Insurance Agent -sells varying forms of the insurance, or service.
Insurance Adjuster - protects the insurance company from losing money on the service for which you paid for the insurance company to provide to you by way of a premium and insurance contract (policy). Adjusters minimize the "incurred loss" in the above equation.

As to the Insurance Agent:

It has been my experience that these professionals provide you with information on the varying types of insurance-- property, casualty, life, health, and disability. They should review the different policies they have available and the coverages which those policies provide, along with the price. However, they are not usually legally oriented or familiar with the "back door" aspect of what they are selling. Meaning, they are doing exactly what they are suppose to be doing, "selling insurance". Your insurance agent will most likely refer you to the nearest consolidated insurance claims center if you were to need the service you paid for by way of an insurance claim.

For example: if you were injured in an automobile wreck, lost your shingles when a storm came through, and/or the property or person you bought insurance on was damaged/injured in anyway. Your insurance agent does not usually handle that, they refer you to a claim center with insurance adjusters. If your insurance agent is kind enough to assist you with the insurance claim procedure they still have no authority, or impact, in how the claim is resolved.

As to the Insurance Adjuster:

They are usually not in the same state as you. If they provide you any information about your legal rights please ask them if you can record the conversation or get everything they just "counseled" you on in writing. Insurance adjusters have not passed any state Bar requirements to be lawyers and/or offer legal advice. They work for the insurance company that makes money when it brings in more premiums that are paid by their clients than it pays out in insurance claims. Their interest are not aligned with your interest as they are evaluated on ensuring that insurance claim payouts are minimized.

Read-One of the factors that an insurance adjuster is evaluated on for their job and them keeping it is to offer you the least amount of money possible for your injuries and/or property so that their employer, the insurance company, maximizes its profit.

Common Misconceptions I hear all the time in my office:

I thought they would do the right thing; (Why would you think that? Again, your insurance agent may be the kindest person in the world but that is not who you are dealing with.)
I have never had a problem with my insurance company the 20 years that I have had them; (How many times have you had to file an insurance claim? Oh, now the light bulb goes off.)
The insurance adjuster told me I didn't need to get an attorney or another appraiser; (Now why would they not want you to get an opinion other than theirs? *hear Jeopardy music*)
The insurance adjuster said I couldn't go see the doctor; (Why are you listening to anyone other than a doctor in regards to medical advice?)
I don't want to sue anybody; (80-90% of the time no law suit is filed. If one is filed it may list the negligent party but that is because insurance can't be mentioned in a trial. The insurance company is the one that actually defends any law suits you bring and pays money up to their coverage amount if a verdict is rendered.)

All I ask is that you be informed and educated on the interest of all the parties involved and not just assume anything.

“Knowledge is of no value unless you put it into practice.” -- Anton Chekhov

Tick....Tock.... Spring Forward/Fall Backward: Wake Up!

Trey Mills — Thu, 05 Nov 2009 02:48:32 -0500

Too busy to make time for this and that, have to try and sign up this new client that really needs my help, one of my rentals is almost finished and I need to show it to potential renters, need to have my car looked at, need to have my back looked at, have to establish new relationship with local bank, (blah, blah, blah)...

Let's just forget it all and go enjoy a wet Saturday at Clemson with a beautiful date. Then make the rounds to all friends and family, go enjoy some box seats and finally sit down to watch the game. Tigers run down the hill to start the game and I jump up to enjoy some of the box amenities...

Who's that bald kid behind me? I bet he has cancer. I will talk to him when I get back down there. Wait, I know that bald kid, that's Chase Hamm and his mother, Melissa. ( A young man that grew up in the same town I did, went to the same high school, and is currently battling a brain tumor.) I turn around to say hello and I am greeted with a strong, yet excited handshake from Chase. We immediately recognize a bond and the struggle he is currently going through without saying a word. I couldn't help but be reminded of 14 years back to a similar time in my life with a mother that carried the same expression on her face. A look of a mother willing to do anything to give happiness to her sick child, one of exhaustion, and one of relief that someone around her may actually be able to relate rather than look on with ignorance and/or pity.

During one point in our conversation, I realize my eyes are feeling really red and starting to fill with water. I dont have time to rush out of the room and I have not burst out crying since I watched my mother take her last breathes on her death bed. I am able to turn toward the game in time and quell the eruption coming from my stomach. I think I do so without anyone noticing but that was not the case, especially given the silence of all parties.

To hear how elated both Chase and is mother were to be able to attend the Clemson game helped me remember the simple joys in life. When life was not the luxury I enjoy today by being able to physically do as I please. Not being restricted by my "counts", ie hemoglobin, white blood cells, and platelets. It was bitter sweet how this outing back home may help them recharge for another couple weeks of battling in the trenches at St. Jude. Chase was also excited to watch his cousin play for the opposing team, Coastal Carolina.

Seeing Chase helped on several fronts:

It was a reminder of where my life was and where it is now;
A reminder to snap out of that typical American nature to be so caught up in everything that you don't see anything;
A refresher that no amount of possessions will replace love and companionship;
That cancer was the best thing that ever happened to me because I have experienced, accomplished, and obtained more in the 14 years of extra life than most do in their lifetime; and
Normal people are boring, crazy is cool.

Happy Anniversary to South Carolina Injury Law Journal

Trey Mills — Tue, 03 Nov 2009 07:41:08 -0500

I started this blog with no idea what to expect or how I would have the time to write articles. However, I went ahead with it by contacting LexBlog and getting the infrastructure in place. My first article was "China Tries to Kill Pebbles" on November 2, 2008. It has been good times ever since.

The traffic count and interest has grown exponentially and it allows me an opportunity to fight the barrage of poor media, misinformation, and misleading advertising that many insurance companies conduct. It also levels the playing field for me to give an inside look at what really goes on in the plaintiff's battle against evil insurance companies.

It should be apparent from a large percentage of my posts that:

I hate Allstate and think they are unprofessional, unethical, and ignorant;
I am cancer survivor and both celebrate and struggle with that;
I work in upstate South Carolina and focus first on statewide issues and then on national issues;
I enjoy being a plaintiff's attorney because I enjoy working with normal, everyday people and not corporate clients that are buffoons;
I love to fight, more in the courtroom than out of it in my older years; and
Thanks to my life experiences (cancer, death of a parent, and internal struggles with those issues); I think I can achieve most anything with hard work, thought, and communication.

Thanks for stopping in for a quick read, interesting article, and/or for being a groupie of South Carolina Injury Law Journal. It's only going to get better, more informative, and more insightful.

Take it away "Little River Band".........

Where's the Balance in Life for ________ (Attorneys, Doctors, White/Blue Collar Workers)?

Trey Mills — Thu, 29 Oct 2009 08:41:38 -0500

This article was brought on by two separate contacts I had with friends inquiring about the satisfaction and enjoyment I obtained from doing my job. Both of these friends were fellow attorneys but working in different specialties. I was honored to be contacted by them because they are both hard working and intelligent individuals with what would appear to be great jobs. I was a point of reference as someone that truly enjoyed what they did and appeared to gain fulfillment, or satisfaction, in doing their job. That had not always been the case for me and I was delighted to know that my subconscious behaviors had eluded to the happiness in my life.

Even when I passed the SC Bar and became an attorney, my biggest goal was to pay my $125,000.00 in student loans off in three years (before I turned 30). All I worked for was money and how I could make more of it. I was looking past the people I could help, the experiences I could get, the good things I could do with my professional status, and the hard working reputation I could build. I also was fueled by hatred for insurance companies and how they had treated myself and my family when we were going through rough times (cancer). I would take my work home with me both figuratively and literally. I lived and breathed law and when I could not get any reprieve from it, I would drink until I could not think about it anymore.

I was miserable and hated who I was, what I did, and why I had not done more with the extra years I was given. Then I stopped beating myself up, stopped thinking about only myself, stopped worrying about trying to fit my whole life in what I thought was only 3 more years of living and just starting having fun. I realized I had to put my faith in myself to do the right thing instead of other people. I also concluded that whatever happens, happens and I can not control other people. The Serenity Prayer is not solely for alcoholics. It's great for every day application for anyone. Life is so simple if you just allow it to be.

I had felt my life was in a rut and I never wanted to live like that given the second chance at life I had been given. I always wanted to travel the world, sail the seas, be in movies, date models, and live on islands. However, I also wanted to help people, earn a higher educational degree, and run my own company. In choosing the higher educational degree, I failed to think about who would pay for it and how much it would cost in resources and time.

Now that the student loans are paid down to free money (federal loans at 1% interest) and I have enough investments to pay off my debts, I guess it is time to travel the world, sail the seas, be in movies, and live on islands. I already consider the girls I date to be more beautiful than models, if not models themselves. ; )

Or, I could continue to do what I enjoy: helping people, suing insurance companies, and getting paid to do it.

Drunk Driving Kills People and Puts Drunk Drivers in Jail

Trey Mills — Sun, 18 Oct 2009 00:42:53 -0500

An interesting thing happened while I was sitting and enjoying live music by Swift Robinson at the Esso Club in Clemson, SC after the Clemson vs. Wake Forest game; a girl at our table pulled out a breathalyzer to test everyone's alcohol level. Several people at the table registered double the legal limit and thought it was funny because they felt they could still operate a 5,000 lb vehicle on the roadways of South Carolina. Fortunately for my friend, I was not drinking but the couple that had pulled out the breathalyzer later left together and drove home (even though they both registered over the legal limit).

This happens in every state, college town, social scene, professional night out, etc. We have all done it and I am not one to point fingers without admitting to my own ignorance in getting behind the wheel when there could be a question as to my level of impairment. However, what none of us think about are the consequences of killing someone and going to jail for an innocent night out for a few drinks. I never thought about it and thank God everyday that as dumb as I have been on occasions, I have been fortunate enough to only harm myself. (fortunate compared to the alternative).

I am willing to bet the two drivers that got charged with felony DUI's this past weekend in the upstate did not think they would kill someone when they got behind the wheel. YET THEY DID.

Douglas Dodgens, 52, was taken to Greenville Memorial Hospital where he was pronounced dead. The 30-year-old driver of the car that hit Dodgens’ car was charged with felony driving under the influence. -as reported by The Greenville News;
Zion Faith Mills, 17-year-old Lyman girl, was killed and five people were injured in a wreck outside Greer. The driver in the one-vehicle accident has been charged with felony driving under the influence. -as reported by The Greenville News.

My buddies in New York are amazed at the amount of drinking and driving down South and attribute it to our lack of knowledge in using public transportation. I often refute that public transportation is not as readily available down here as up there but nonetheless, they are right. Call a cab, friend, or just have a sober driver.

Felony DUI charges are not cheap to fight, civil lawsuits and settlements against the at fault driver's insurance company are not going to replace the lives lost, and jail is considered a punishment because no one wants to be there, neither do you.

Be smart, spend $20-50 on a taxi vs. $30,000 on a criminal defense attorney and living with the knowledge of what you have done to someone and their family.

Joel Bieber Law Firm Cleared on Questionable Advertisement

Trey Mills — Wed, 14 Oct 2009 00:41:20 -0500

The Greenville News reported:

The South Carolina Supreme Court dismissed disciplinary charges Monday against an Upstate personal injury lawyer known for his catchy television ads, putting an end to a years-long legal battle over whether one of the attorney’s ads aired years ago made misleading promises about protecting jobs.

This investigation arose out of a letter from an anonymous complainant (most likely a competitor) that argued an advertisement Joel Bieber began running in December of 2003 left the impression that hiring Bieber would mean a client wouldn't lose his job.

Joel Beiber's ad stated this:

It's not your fault that you were hurt on the job, but I know you're afraid to file a job injury claim. You're afraid your boss won't believe you're really hurt, or worse, that you'll be fired. We'll protect you against these threats and these accusations and work to protect your job.

Bieber, who pulled the ad following the complaint, stated that the ad asserted only that he would work to protect a job and offered no guarantees.

All lawyers, more specifically as it pertains to advertising personal injury lawyers, must adhere to the Rules of Professional Conduct. Those Rules specifically outline communications lawyers can make as to their services.

RULE 7.1: COMMUNICATIONS CONCERNING A LAWYER'S SERVICES

A lawyer shall not make false, misleading, deceptive, or unfair communications about the lawyer or the lawyer's services. A communication violates this rule if it:

(a) contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading;

(b) is likely to create an unjustified expectation about results the lawyer can achieve, or states or implies that the lawyer can achieve results by means that violate the Rules of Professional Conduct or other law;

(d) contains a testimonial; or

(e) contains a nickname, moniker, or trade name that implies an ability to obtain results in a matter.

Charity Events Don't Just Help the Cause-They Help the Contributor

Trey Mills — Thu, 08 Oct 2009 00:55:41 -0500

At some point every male that participated in the Outstanding Men of Greenville Bachelor Auction last night was propositioned, pinned, cajoled, and otherwise guilt tripped into helping out for a good cause by Shay Hewitt. I got caught when I was hanging out at the bar at Rick Erwin's after a sales pitch by Chris Norton of Walton International. Ms. Hewitt came over working the crowd and discussing the amazing things that she has been involved in with her designing and event planning for good causes.

Next thing I know, I am at Sassafras in Greenville walking in front of a bunch of women with wine and other drinks trying to raise money by auctioning off myself. Fortunately for the fundraising part of this event, all was not lost and even I brought in several hundred dollars in bidding. I didn't even have to give the signal to my cousin in the crowd to keep me from going too low. ( I had provided her with crisp 100's to assist with a recession like market).

This week is/has been full of charity events and pro bono opportunities. (Don't forget about the YMCA's Blue Jean Ball for Camp Greenville). It's good timing for giving back considering the recent passing of a local physical therapist, Scott Shuey. A man that lived his life in such a way to make you envy the purity and goodness of it. Scott worked several doors down from my office and I would see him come in after receiving both his diagnosis and subsequent treatment. He went from a physically fit man to a physically fit bald man. He continued to do the things he loved and garnered the love and support of his community as his positive spirit and triumphant attitude reigned supreme. Then news came from MD Anderson that all had been done that could be done. Scott returned back to his earthly home before returning to his heavenly home.

This week has been hard for me as a cancer survivor. I am reminded of my mortality, my second chance at life and the most precious thing of all...... time. The extra time I have been given to share with those I love. The extra time I have been given to help those in need. The extra time I have been given to make a positive impact on this world.

But the one who does not know and does things deserving punishment will be beaten with few blows. From everyone who has been given much, much will be demanded; and from the one who has been entrusted with much, much more will be asked. Luke 12:48

The Art of Law

Trey Mills — Wed, 30 Sep 2009 20:13:27 -0500

I had a mediation today in a renovated garage behind Krause, Draisen, & Moorhead that involved several parties, but most importantly, my injured client -Ms. Georgia Lindsey, a 19 year old, Anderson University soccer athlete doing a job shadow-Chelsea White, and myself . We got to spend some quality time together contemplating life, law school, fishing, and also getting down to business by negotiating the violent, rear end collision Ms. Lindsey was involved in with a representative of BMW.

I enjoy mediation's because once each side (plaintiff and defendant) has presented their case, usually the two groups separate into different rooms. I get to spend an ample amount of time with people in a room for several hours which enables us to sit and talk about life. The mediation process can be slow in moving but many different people with various backgrounds, interests, and reasons came together this afternoon in Anderson, South Carolina.

There were others, but they are of no consequence because they did not have the long talks and art interpretations that the three amigos did. The picture below represented 3 very distinct things to each one of us and those interpretations were not unusual given our background and circumstances.

They were as follows:

Chelsea -felt the picture above represented –Youth and Life.
Ms. Lindsey-felt it was the devil and fire.
Trey-thought it was a field ablaze, yet radiating beauty the whole time and the center, or background, seemed to represent the spring of life that resides in us all to quench the fires that arise.

Ironically, those interpretations of the art we stared at today for 5 hours, came out in three totally different view points. As the mediation progressed and throughout the initial spill by Steve Krause, we were reminded that every person is different and thus brings different impressions, thoughts, and ideas to the table. Just like a jury, each person is going to have a different interpretation of the same facts. However, like Ms. Lindsey said, “Thank goodness we all are different and not the same.” Very true and very deep. Sometimes its not about the destination but about the journey.

(left to right) Chelsea White & Trey Mills

(Ms. Lindsey is in the blue dress)

** Life is about making the best of a situation, even in a boring mediation. Keep living the dream!