Recent Blog Posts

Recovering Compensation for a Scar

James Snell — Sun, 11 Mar 2012 19:30:00 GMT

Oftentimes the aftermath of a serious accident includes a scar. We see this often in automobile accidents, dog bites, motorcycle wrecks and construction accidents.

South Carolina provides for compensation for those who face scar damage after an accident. This compensation can include:

Expenses for Cosmetic or Corrective Surgery
Impairment for Nerve Damage Around Scar Area
Pain and Suffering
Mental Distress \ Anxiety Caused By Scar

Just like any other type of injury, some scars are more seriuos than others. Scar injuries are sometimes the most prominent portion of an injury claim, such as when a young child's face is injured in a dog attack. Other times the scar injury is incidental to more substantial expenses, such as after a motorcycle accident resulting in broken bones.

When we encounter a client who is left with a scar after an injury we seek to add any related legal damages to our client's settlement or Court verdict. This is done primarily by having the scar evaluated by a physician who practices in the area of scar repair or cosmetic surgery.

For more information about the legal compensation you are entitled to for a Scar Injury in South Carolina contact the Law Office of James R. Snell, Jr., LLC, at 1-866-252-5789.

People Over Profits - Tort Reform Information Site

James Snell — Sat, 15 Oct 2011 18:57:00 GMT

With the political cycle heading back into full swing I expect to hear more and more about so the need to alter or "reform" the tort law system. The modern day tort reform movement is funded and directed entirely by insurance companies and large corporations. This is due in part to the fact that they are the repeat players in the defendant's role in the civil justice system - and are seeking to maximize profits without regard to the rights of an injured person or their family.

Personal injury lawyers, are also repeat players in the civil justice system as they represent people and families. The American Association for Justice, a national group of injury law attorneys, has sponsored a website People Over Profits, to educate the public concerning the conflict of interests between corporations and insurance companies over the rights of injured citizens.

As a South Carolina personal injury attorney James Snell is a member of the American Association for Justice and the South Carolina Association for Justice. At the Law Office of James R. Snell, Jr., LLC, we believe that everyone who has been injured due to the fault or negligence of another, whether or not the responsible party is an individual, corporation, physician, or the government, deserves to have the wrongdoer held accountable and a right to a fair day in Court. To discuss your wrongful death, injury law or disability case with our office call 1-866-252-5789 to schedule your free appointment.

Scar repair won't be covered by your health insurance after a dog bite

James Snell — Sun, 02 Oct 2011 14:30:00 GMT

Dog attacks can result in vicious injuries including prominent scars. The original medical care needed including an ambulance and emergency room services may be covered by health insurance. Often though the future surgery needed to correct the scars left behind will not be covered by health insurance. The request to cover them will be denied because the will not be medically necessary and will be considered cosmetic.

The future cost of cosmetic surgery related to a dog bite can be a significant part of the overall damages. If the anticipated cost of the procedures necessary to correct the scar damage is not included within the statute of limitations for a dog bite, or included in the settlement, then the injured person will either have to live with the scars or come out of pocket to pay for the expenses.

To help my clients recovery the money necessary for future procedures related to any scars I recommend consultation with a cosmetic surgeon to prepare a medical summary and cost estimate. This can be submitted to the insurance company as part of the settlement demand package.

The Law Office of James R. Snell, Jr., LLC, accepts dog bite cases throughout South Carolina. To discuss your case with our office contact us at 1-866-252-5789.

What is included in my dog bite settlement?

James Snell — Sat, 01 Oct 2011 14:03:00 GMT

If you or your child has been attacked by a dog and are able to reach a financial settlement with the owner or their insurance company you will be compensated for your damages.

Your legal damages for a dog bite in South Carolina will include the following:

Medical Bills
Pain & Suffering
Lost Wages
Emotional Distress
Cosmetic (Scar) Damage
Loss of Consortium
Future Medical Expenses
Permanent Impairment

There is no magic formula or exact way that these damages are computed and incorporated into a case settlement. The value of a case settlement is only determined after a series of direct negotiations.

At the Law Office of James R. Snell, Jr., LLC, we are a Lexington Injury Law Firm representing clients who have suffered after a dog bite. To discuss your case with our office call 1-866-252-5789 24/hours a day. There is no cost for your first appointment with our office.

Understanding South Carolina's Dog Bite Law

James Snell — Fri, 30 Sep 2011 19:25:00 GMT

Those injured by a dog bite or in a dog attack are fortunate that South Carolina has a special statute dealing specifically with these types of injuries.

The law is contained in S.C. Code § 47-3-110 and is entitled Liability of owner or person having dog in his care or keeping:

Whenever any person is bitten or otherwise attacked by a dog while the person is in a public place or is lawfully in a private place, including the property of the owner of the dog or other person having the dog in his care or keeping, the owner of the dog or other person having the dog in his care or keeping is liable for the damages suffered by the person bitten or otherwise attacked. For the purposes of this section, a person bitten or otherwise attacked is lawfully in a private place, including the property of the owner of the dog or other person having the dog in his care or keeping, when the person bitten or otherwise attacked is on the property in the performance of any duty imposed upon him by the laws of this State, by the ordinances of any political subdivision of this State, by the laws of the United States of America, including, but not limited to, postal regulations, or when the person bitten or otherwise attacked is on the property upon the invitation, express or implied, of the owner of the property or of any lawful tenant or resident of the property. If a person provokes a dog into attacking him then the owner of the dog is not liable.

This law does several important things. It creates strict liability against the owner or the person responsible for a dog as long as the injured party was in a public place or legally on private property. The only exclusion is if the injured person provokes the animal.

Strict liability is a legal term than means automatically responsible. Under South Carolina's dog bite law their is no "one free bite" defense. If the dog bites someone then in almost all cases the owner is automatically responsible. If no one claims the dog belongs to them then the "having the dog in his care" language will make the injury the responsibility of whoever is feeding or housing the dog.

The Law Office of James R. Snell, Jr., LLC, is a Lexington Dog Bite Attorney office representing people who have been injured in South Carolina. To discuss your dog bite claim with our office call 24 hours a day at 1-866-252-5789. There is no cost for your initial meeting with an attorney about your case.

How is a dog bite injury claim evaluated by our office?

James Snell — Thu, 29 Sep 2011 12:00:00 GMT

All dog bite and dog attach injury cases are different. The approach that we take will vary from case to case. There are some general considerations though that apply in nearly every injury case caused by an animal attack.

One of the first considerations is the seriousness of the injury to our client. The value of any settlement or Court award will be directly related to the injuries and other damages suffered. This means that we consider the medical bills, pain and suffering, lost wages along with any permanent scars.

It must also be possible to locate the owner of the dog or other animal responsible for the injury. Often times the owner will initially deny ownership in order to avoid responsibility. If however they are feeding, sheltering or taking care of the animal then they are usually responsible as the owner even if they never registered or licensed the animal in their name.

Finally in order to be successful it is necessary that the owner have homeowners insurance or another source of recovery. Many insurance policies cover injuries sustained as a result of a dog bite to a level of $300,000 - $1,000,000 or more. This can be important as the injuries sustained in a dog bite or attack can be substantial.

The Law Office of James R. Snell, Jr., LLC, of Lexington, South Carolina, represents clients with animal attack injuries. We provide initial case assessments on a confidential and no-cost basis. Contact aLexington Dog Bite Lawyer today at 1-866-252-5789.

South Carolina's Statute of Limitations for Dog Bite Cases

James Snell — Wed, 28 Sep 2011 14:14:00 GMT

A Statute of Limitations is a law that limits the time you have to file a claim for injuries. South Carolina's Statute of Limitations covers injuries for dog bite and dog attack cases. In most cases the applicable period is three years - although in certain circumstances the time period can actually be shorter. For that reason it is advisable that anyone who has been seriously bitten or injured in a dog attack contact a dog bite lawyer as soon as possible. Compensation may include medical bills, lost wages, pain and suffering as well as compensation for any scaring or cosmetic injuries.

Under certain circumstances a child who was injured in a dog attack can have their Statute of Limitations period open up again for one year beginning on their 18^th birthday. If you think that this may apply in your case it is recommended that you contact a dog bite attorney as soon as possible.

The Law Office of James R. Snell, Jr., LLC, of Lexington, South Carolina, represents clients with animal attack injuries. We provide initial case assessments on a confidential and no-cost basis. Contact a Lexington Dog Bite Lawyer today at 1-866-252-5789.

Can a South Carolina fatal car accident create a wrongful death?

James Snell — Sun, 28 Aug 2011 17:32:00 GMT

According to data provided by the South Carolina Department of Transportation there were 503 fatal accidents in 2010 through the month of August. Top causes for these deaths are accidents involving DUI, too fast for conditions and failure to yield the right of way. Many of these deaths occur in and around Lexington or Columbia, and many of them could be considered as wrongful deaths.

Wrongful death is a legal term referring to any fatality caused by the carelessness, negligence or fault of another party. Proving liability for a wrongful death can be a difficult and complicated process.

To establish a legal wrongful death a wrongful death attorney will need to prove that the death was caused by an unlawful act or omission of the at-fault party. Unlawful in this contest doesn't necessarily mean against South Carolina criminal law, but rather against civil tort law.

When a traffic accident results in a fatality a legal cause of action for wrongful death may exist when:

1.    The driver of the other vehicle was responsible for the collision;
2.    A passenger died as a result of the fault of their driver;
3.    The accident was caused by the negligence of another such as an improperly marked construction area.

Damages for a traffic accident wrongful death may include: final medical expenses, funeral bills, lifetime lost earnings, pain and suffering, and financial damages to the next of kin for the loss of their loved one.

To discuss your claim for a South Carolina Wrongful Death action contact the Law Office of James R. Snell, Jr., LLC, at 1-866-252-5789.

Can I settle if I hit a deer?

James Snell — Thu, 25 Aug 2011 19:07:00 GMT

One of the hazards of driving on any rural South Carolina road is the risk of hitting a deer. Running into one can be almost as bad for your car as it is for the deer and can even cause serious injuries if they come through the windshield or cause your car to lose control.

If you are the driver of a car that hits a deer there is generally no one one to settle with. It should seem obvious, but deer don't have insurance. You may be able to get your car repaired if you have collision insurance and you can get your medical bills paid for by your own medical pay coverage.

If you are a passenger in a car that his a deer you might be able to obtain a settlement. This will be by making a claim against the driver's insurance policy. To do so you will have to show that they were driving too fast, not paying attention or for some other reason were at-fault for the collision.

The law is different for animals that are domesticated such as cows and horses. In accidents involving those animals you may be able to make a claim against the owner of the animals for failure to keep them properly secured inside of a fence.

How do you qualify for Social Security Disability benefits?

James Snell — Tue, 23 Aug 2011 12:15:00 GMT

Social Security Disability benefits provide monthly benefits to those who are found to qualify. Additionally qualifying for benefits also provides access to Medicare healthcare benefits.

To qualify for Social Security Disability benefits you must meet two criteria. First you must have enough qualifying work credits. These are earned by payment of FICA of self-employment taxes from your earnings. Work credits "expire" and if you are out of work for a long enough period of time before seeking disability you can lose your eligibility.

The second criteria is that you must meet the Social Security Administration's standards for disability. This can be through either having a single condition or limitation that meets their criteria - or otherwise qualifying through a functional and vocational analysis called "the grids."

Because Social Security Disability is a complex area of the law it is important that everyone who has applied and been turned down consult with a Social Security Lawyer about their claim. To discuss your situation with our office call South Carolina Disability Attorney James Snell at 1-866-252-5789.

Can your employer fire you for filing a Workers' Compensation claim?

James Snell — Mon, 22 Aug 2011 16:07:00 GMT

Many people avoid seeking Workers' Compensation benefits, even in serious situations, because they are afraid of losing their job. In South Carolina it is against the law for any employer to fire an employee for reporting an on the job injury or for making a Workers' Compensation claim. If an employee is fired in violation of the law they can make a claim against their employer under the South Carolina retaliatory discharge statute.

If you have further questions about filing a claim for Workers' Compensation benefits contaict Injury Lawyer James Snell at 1-866-252-5789.

Who pays for my medical bills after a car accident?

James Snell — Sat, 20 Aug 2011 21:23:00 GMT

After a serious car accident, where medical bills were incurred, one of your first questions is going to be who is going to pay for the bills? Typically there are four main types of insurance benefits available to people injured in a South Carolina car accident:

1. PIP or Medical Pay Benefits on your car insurance policy: If your car insurance pollicy contains these benefits (usually no more than $10,000) then you can file a claim with your insurance company. These benefits will be paid regardless of whose fault the accident was.

2. Liability Insurance: If you can establish that you were not at fault for the accident the insurance company for the other driver may be responsible for your medical expenses. In South Carolina many policies are limited to only $25,000 in benefits. The liability insurance company will not pay your bills as they accrue - but will make a single settlement to you or pay a judgment received by Court.

3. Workers' Compensation: If you were injured in a car accident while on the job your employer's Workers' Compensation policy may pay your medical bills and some portion of your lost wages. Unlike liability insurance, Workers' Compensation payments are made while your case is ongoing.

4. Underinsured Coverage: This is a type of coverage that you have to purchase from your own insurance company before an accident. It will pay to settle your case for a Court judgment in excess of the liability insurance held by the at-fault driver.

5. Uninsured Coverage: Like underinsured coverage, you have to purchase uninsured coverage from your own insurance company before an accident. This coverage is used of the at-fault driver was uninsured (many drivers in South Carolina are illegally driving without insurance).

Difficult Insurance Companies

James Snell — Fri, 19 Aug 2011 15:19:00 GMT

After an accident one of your first calls may be to report your accident to an insurance company. Typically the insurance company that will be responsibility for your claim will be the one employed by the person or company responsible for your injuries. This is called third party liability - and is the most common type of insurance coverage in South Carolina to pay for medical bills, pain and suffering and other damages sustained as a result of a personal injury.

The insurance representative you speak with will be a professional negotiator who is employed by a for-profit company. In the context of third-party coverage they do not owe you a duty of good faith dealing. Because of the inherent conflict of interest between you and the insurance company- and the fact that they do not have any legal obligation to treat you well, many times injured people find that they are unable to reach any type of reasonable resolution to their claim.

It is important that you understand that all of your communications with the insurance company are negotiations. Just like on a police TV show "everything you say can and may be used against you." The insurance company has one goal, and that is to pay you as little money as possible.

When you are confronted with a situation where you believe that the insurance company is being difficult or treating you unfairly it is important to let them know that you understand your rights under South Carolina law to pursue full and fair compensation for all of your injuries.

The Law Office of James R. Snell, Jr., LLC, is a South Carolina Personal Injury law firm representing clients in automobile accidents, Workers' Compensation and disability claims. For more information please contact our office anytime at 1-866-252-5789. We help people in filing, negotiating, settling and litigating all types of insurance claims. There is no cost to speak to a lawyer in our office about your case.

Difficult Insurance Companies

James Snell — Fri, 19 Aug 2011 15:06:00 GMT

After an accident one of your first calls may be to report your accident to an insurance company. Typically the insurance comapny that will be responsibility for your claim will be the one employed by the person or company responsible for your injuries. This is called third party liability - and is the most common type of insurance coverage in South Carolina to pay for medical bills, pain and suffering and other damages sustained as a result of a personal injury.

The insurance representative you speak with will be a professional negotiator who is employed by a for-profit company. In the context of third-party coverage they do not owe you a duty of good faith dealing. Because of the inherent conflict of interest between you and the insurance company- and the fact that they do not have any legal obligation to treat you well, many times injured people find that they are unable to reach any type of reasonable resolution to their claim.

It is important that you understand that all of your communications with the insurance company are negotiations. Just like on a police TV show "everything you say can and may be used against you." The insurance company has one goal, and that is to pay you as little money as possible.

When you are confronted with a situation where you beleive that the insurance company is being difficult or treating you unfairly it is important to let them know that you understand your rights under South Carolina law to pursue full and fair compensation for all of your injuries.

Finding the Right Personal Injury Attorney for Your Case

James Snell — Mon, 11 Jul 2011 12:20:00 GMT

Hiring an injury trial attorney for your situation can mean the difference between winning or losing your claim. You want an attorney who has the knowledge and the experience to help you receive full and just compensation for your injuries. Hiring an injury trial attorney will help you pursue your claim outside the Courtroom in settlement negotiations, and if necessary, in an actual Courtroom trial.

Another of the most important factors in choosing an injury trial attorney is their attitude; an attitude of being "for" their client is what you need. There are indeed some attorneys who are only in the career of law for the pay and status they can get. At a time in your life where there is a devastating injury to you or a loved one, you need someone who will take your situation to heart and see to it that they give their entire being to your case and have an attitude of wanting to see you helped. You want someone who will call the responsible party out and hold them accountable for the misery inflicted. This is what an injury trial attorney does for their clients.

The proper education is an essential subject. An attorney can have all the heart for you and your case, but if they don't have the knowledge to handle your case properly, you will not see the results you desire. Looking at and taking the prospective attorney's education or lack thereof into consideration is a very wise thing, it can help you to determine if they can properly represent you. Also, knowing whether or not he or she has undertaken cases such as in your situation is extremely important. Consider whether or not he regularly practices in the field of personal injury law, and whether or not they belong to the national and state trial lawyer's associations (now called the American Association for Justice and the South Carolina Association for Justice).

After reviewing the education and professional background of the attorney you are considering, you should schedule an in-person interview with them in their office or at your home or hospital room. This will give you a much clearer view as to whether they are the one that you need to hire. Being comfortable with your lawyer, and having confidence in their skills and judgment are critical for success in any injury law claim

A qualified personal injury trial attorney will understand the seriousness of your injuries and all of the consequences that you and your family are now facing. An attorney who looks at these factors and your future needs for care is what you need to help make sure you and your family are adequately cared for.

The Law Office of James R. Snell, Jr., LLC, located in Lexington, South Carolina, is a Personal Injury Trial Law Firm. We represent clients who have been injured in automobile accidents, on the job injuries, premises liability cases and due to defective or dangerous products. James Snell is a member of both the American Association for Justice and the South Carolina Association for Justice. To schedule your appointment contact his office at 1-866-252-5789.