The Bill Connor Law Firm Orangeburg SC
Having a seasoned and knowledgeable attorney brings peace of mind. Bill Connor represents businesses and individuals in dispute resolution. He can help you with all types of general civil litigation in state and federal courts, including: Bill Connor knows time is valuable and you value efficiency throughout the process of dispute resolution. Bill provides:
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This information is not, nor is it intended to be, legal advice. You should consult an attorney regarding your individual situation.
While driving, you've been hit by another vehicle, and you're now hurt. While walking around the grocery store, your legs...
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For most who have been injured badly enough by another to seek a lawyer, the case is extremely important and...
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Deciding whether or not to seek divorce, particularly when children are involved in the marriage, is one of life's toughest...
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Through the years of serving Orangeburg residents, it has amazed me to learn how many people do not plan for...
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Veteran Attorney Bill Connor
Attorney Bill Connor in Orangeburg SC
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Personal injury law is a type of civil law dealing with provision for monetary compensation to victims of accidents or...
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Home improvement contracts are agreements that are made between a homeowner and a construction or development company. They can include...
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A will is a way we show selfless love for family and friends and the failure to complete a Will...
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For many, being hurt on the job is something unexpected. With all the various safety requirements, it seems as though it just couldn't happen. Most expect the possibility of being hurt in a vehicle accident or something similar, and know the basics of what to do in the event of that type of injury. However, being hurt on the job is something unique, and the normal legal remedies available are unique and must be understood before the injury (Note: though states have similar laws for workers compensation, I write this article as an attorney licensed in South Carolina, and by SC law). First, in most work situations the employer will have workers compensation insurance. In fact if the employer has four or more employees he is legally required to have workers compensation benefits for employee. Under workers compensation law, an injured worker (for an injury sustained on the job) with workers compensation benefits is required to seek workers compensation benefits against his employer regardless of the fault of the employer in causing the injury. Workers compensation is a "no fault" insurance program. This means it does not matter whether or not the employer is liable for the injury, he is required to take care of the medical needs of the worker associated with the injury. Workers compensation benefits include medical compensation benefits and temporary partial disability payments while the worker is unable to work. When the respective worker is brought to "maximum medical improvement", workers compensation provides a lump sum amount to compensate for future medical issues and problem. In the event the employer did not have workers compensation, in violation of state law, the worker will still receive benefits through a state fund, and the state will go after the employer for recoupment. In some cases, the worker may have further recourse beyond workers compensation for injuries sustained on the job. If another party or corporation, beyond the employer providing workers compensation is responsible for the injury, the worker can sue the other party after resolving the workers compensation. For example if an employee is injured partly due to equipment malfunction of another corporation providing equipment for the employer causes injury the employee can sue the equipment provider after workers compensation benefits. Another legally related issue with being injured on the job can be discrimination and/or termination due to the injury. Being injured usually puts the employee under the protections of the Americans with Disabilities Act protections. This generally requires reasonable accommodations for those with disabilities, which include disabilities due to injury. It also prohibits discrimination due to disability, including disability due to injury. If an employer were to fire an employee due to the injury, the employer could be found to have violated the ADA. In that event, the employer could face substantial monetary penalties to the employee. Employers should be very careful about taking any kind of action against employees who are injured and must allow for reasonable treatment and rights under the Family Medical Leave Act. Though an on the job injury can be tough, having a plan to handle it makes all the difference in the world.
Finding an attorney to assist after a job related injury is beyond wise. The attorney can help navigate not only the nuances of workers compensation, but understand the fine points of bringing a separate lawsuit against other parties. In the event of workplace discrimination due to an injury, the attorney will know the lines the employer has crossed in violation of Federal and/or State law.
A vehicle accident can be a traumatic event. In many cases, it can replicate the physiological responses associated with combat. In particular, the adrenaline rush which can prevent the usual sensing of pain and sometimes cloud judgment and/or perception. It is important to understand this dynamic in the immediate aftermath of a wreck. First, you should always consider seeking medical evaluation after a wreck. That's particularly the case when you have been rear-ended, and may have sustained back and/or neck injuries you might not feel in the immediate aftermath of the impact. Beyond the care of the possible injury, it is also important to be seen as near to the accident as possible to prevent any question of the cause of the injuries. If you wait days or weeks to seek care (after the adrenaline rush wears off), that could leave open the question of the accident causing those injuries. The longer the time between the accident and treatment, the more it can be argued that the accident did not cause the injuries. The length of time seeking treatment can also be used in the argument the injuries were less severe. You should also consider being careful about what you say after the wreck and at the scene of the accident. In court, a third party can testify to an admission of a party to being at fault. This is despite normal hearsay rules. You might think you are at fault and make admissions at the scene which can be used later to prove the case. In many instances, those in accidents admit fault despite objective questions of fault by either party. The problem with this comes down to perception, and perception can be clouded after an accident and during the adrenaline rush. The best thing to do is remain quiet about fault even while helping others where appropriate. Consider contacting an attorney at the earliest possible time after an accident. This person can help with directing you to treatment and how to handle insurance carriers during the process. If the attorney is experienced, they will know the steps you should take to gather evidence including personal injury damages. The attorney will likely take the case on contingency, meaning you should pay nothing unless the case brings an award (either by settlement or jury verdict). The attorney will normally contract to take a third of the award. If you believe you are at threat of being sued after an accident, put your insurance carrier on notice. You are entitled to a legal defense with your insurance, and that includes an attorney defending your case if you are sued. If you are served with a complaint after the filing of a suit against you, immediately forward that to your insurance carrier and cooperate in your defense with their attorney. I spent a number of years as an insurance defense attorney, and from experience know the insurance defense attorneys are usually experienced in handling defense cases. Listen to them and work with them.
When do you need a lawyer? If you're conflicted about whether or not you should hire one, check out these common scenarios that require a lawyer's help. You gotta feel sorry for lawyers. When they're not being the butt of terrible jokes, they are being characterized as money-grubbing ambulance chasers. In reality, most lawyers are extremely hard-working individuals who genuinely care about helping their clients. Although you generally don't want to be involved in any situation that necessitates legal help, there are some instances when having a professional on your side is a boon. When do you need a lawyer? Read on to learn 10 of the most common occasions. 1. Someone Is Suing You If you are served with a lawsuit, your very first action should be to seek legal counsel. It doesn't matter what the circumstances; if you are being sued, you will definitely require the assistance of an attorney. Depending on the nature of the lawsuit, you might not even go to court. Without legal help, however, you likely won't even have a shot at an out-of-court settlement, let alone win if you do go to trial. 2. You've Been Caught Driving Under the Influence No one ever sets out for an evening of fun with the intention of driving while drunk or under the influence of a drug. Nevertheless, it happens. Because drugs and alcohol can impair one's judgment, it can be difficult to determine whether you are past the point of safely operating a motor vehicle. And it can seem like a big hassle to take a cab home, then find a way to pick up your car the next day once you've sobered up. If you have been arrested for DUI, thank your lucky stars that nothing worse happened. Drunk drivers are responsible for an astonishing 28% of all fatalities due to vehicular accidents. When it comes time to pay the piper for your drunk driving mistake, you can face jail time, fines, and suspension of your driver's license. Having an arrest on your record can also hut your future job prospects. Especially if this is a first offense, a good lawyer can negotiate with the judge to get your sentence reduced. Unless you are prepared for receiving the maximum possible penalty, call a DUI attorney for help. 3. You're the Victim of an Auto Accident What about when the tables are turned? When do you need a lawyer if you are the victim of another driver? Always, in fact. It's a good idea to consult with an attorney after any vehicular accident, but especially if you have been injured or your vehicle was damaged. Insurance companies will do their level best to pay you as little as possible. Having a lawyer on your side can greatly increase the compensation you are awarded. 4. You're Going Through a Messy Divorce Splitting from your spouse? Afraid you're going to get shafted? Contact an attorney. A qualified professional can help negotiate a fair settlement in instances of divorce. Unless you have no assets, no children, and an amicable relationship with your soon-to-be ex, a divorce lawyer is a must. 5. You Are Seeking Child Custody Similarly, child custody battles can be vicious. Even though both parents want the best for their children, anger and bitterness can cloud people's judgment in the wake of a painful split. Attorneys who specialize in child custody issues can help you remember that the kids' needs come first, and will do whatever it takes to prioritize them. 6. Your Worker's Compensation Claim Is Denied Ask anyone who has been injured on the job. Worker's compensation is a complicated, difficult path to navigate. You may be able to file the initial paperwork on your own, but if your claim is denied, a lawyer is necessary. Get help to ensure that you receive the full compensation to which you are entitled. 7. You Have Been Wrongfully Terminated If you feel that you have been unfairly let go from a job, or discriminated against while on the job, contact an attorney. Again, this is another legal situation that can get very sticky -- and become almost impossible for a layperson to handle on their own. Your workplace or former employer no doubt has the best possible legal representation that money can buy. Don't put yourself at a disadvantage by trying to negotiate on your own. 8. You Are Facing Criminal Charges You are no doubt familiar with the concept of Miranda rights. When a person is arrested in the United States, these right specify that they are entitled to legal representation even if they cannot afford it. It's a nice safety net, but in reality? Public defenders are often overworked, underpaid, and generally stretched too thin. So it's doubtful that you will get the best possible legal representation from them. If you can afford a private law firm, by all means use one. It could mean the difference between acquittal and going to prison for many years. 9. You Need to File for Bankruptcy Another failsafe that Americans enjoy is the option of declaring bankruptcy when debt is insurmountable. While individuals can complete their own bankruptcy paperwork, it isn't advisable. A mistake or misunderstanding of the bankruptcy law can do irreparable harm to your financial health. Make sure that your bankruptcy is as painless as possible by getting help from a lawyer who specializes in this field of law. 10. You Are Starting a Business Our last answer to the question, "When do you need a lawyer?" is a happy occasion! When you decide to become an entrepreneur, enter into a partnership, or form a corporation, a business lawyer is essential to your success. In this case, an attorney can make certain that all the paperwork, fees, and licensing are squared away. That means you can focus on providing your product or service. Anyone who is facing a tricky legal situation should contact Bill Connor, Attorney at Law. Bill is skilled and experienced in business law, personal injury law, and civil law. Not only that, but he will fight in your corner to ensure that you have the best possible outcome, no matter what legal challenge you are undergoing. Give Bill a call today, and get peace of mind!
If You Are Asking, "When Do You Need a Lawyer?"
In this day and age when many grandparents are the virtual parents of their grandchildren, it's important for grandparents to understand their legal rights to custody and visitation. The first thing to know is that laws across most states (custody and visitation are primarily under state law) give very little recognition to grandparent rights. It would surprise most to know that most courts presume a parent's decision to alienate grandparents from grandchildren is made in the best interest of the children. Some states, like South Carolina, are beginning to offer some rights, and nationwide the grandparent rights movement is making headway with state legislatures to give more rights to grandparents. As I am licensed in South Carolina, I am only going to write about custody/visitation in South Carolina. However, know that the states are quite similar with regards to grandparents. In 2014, the South Carolina passed a law granting rights for grandparents to seek visitation in South Carolina courts under certain circumstances. Subsection 33 now authorizes: to order visitation for the grandparent of a minor child where either or both parents of the minor child is or are deceased, or are divorced, or are living separate and apart in different habitats, if the court finds that: (1) the child’s parents or guardians are unreasonably depriving the grandparent of the opportunity to visit with the child, including denying visitation of the minor child to the grandparent for a period exceeding ninety days; and (2) awarding grandparent visitation would not interfere with the parent-child relationship; and: (a) the court finds by clear and convincing evidence that the child’s parents or guardians are unfit; or (b) the court finds by clear and convincing evidence that there are compelling circumstances to overcome the presumption that the parental decision is in the child’s best interest. The judge presiding over this matter may award attorney’s fees and costs to the prevailing party. For purposes of this item, “grandparent” means the natural or adoptive parent of a natural or adoptive parent of a minor child. The 2014 statute offers more rights for grandparents to seek court-ordered visitation. When one or both parents are deceased, or the parents are divorced or not cohabiting, grandparents can seek visitation if visitation if being unreasonably denied (unreasonable being at least one visit every 90 days). This must not interfere with the parent-child relationship. Critically, either the parents or guardians must be considered unfit, OR grandparents can show compelling circumstances to overcome the presumption that the parental decision to deny such visitation is in the child’s best interests. In addition to the grandparent rights statute, grandparents may have other grounds to seek visitation and even custody of grandchildren. The legal theories of de facto custodian, or psychological parent may be grounds a grandparent can pursue. This legal standing is not necessarily predicated upon the status of being a grandparent, and non-grandparents can seek these grounds for custody and/or visitation. However, in many cases, the grandparent may meet the elements necessary for standing. For example, raising the grandchild for six months prior to one year old, or for a year after the child is one year old (with parent(s) consenting) can meet elements necessary for standing. The key is to ask your respective attorney about all three means to have standing for visitation and/or custody. Ensure that if you have elements allowing for de facto custodian and/or psychological parent you plead such in addition to the grandparent's visitation statute. Sometimes, showing you are willing to fight for what's right for the children will bring people to the table to offer an agreement to custody and/or visitation.
On June 9, 2014 the SC Governor signed House bill 4348 amending S.C. Code § 63-3-530 (A)(33), (grandparent visitation statute).
The term "personal injury" can have different meanings depending on the context. In the context of lawsuits, personal injury means those damages which an injured party or parties will bring against the party who caused the injury. Within damages in a lawsuit, it is distinguished from property damage which may have occurred during the same incident or accident. Closely connected to personal injury, and brought as damages with personal injury, are personal damages like lost wages. The first question someone should ask when they are injured by the seeming negligence of another is: Should I bring a lawsuit and what should I reasonably expect from the lawsuit? In determining whether or not to take the steps toward bringing a lawsuit, which would normally begin with a demand letter and attempt to settle before filing, is the reasonable chance of winning in court. You must be able to show the negligence of the offending party or parties (Note: I have written a separate article about negligence which explains the elements you must prove). Regardless of the truth about what occurred during the accident or incident, what matters most is the evidence which could go before a jury. Did the other side make an admission? How many and how credible are witnesses? What does the physical evidence show? All these factors must be analyzed to ensure the case has the potential for winning in front of a jury (Note: I have also written about the importance of venue, where you can seek venue, and factors about venue which plan in the decision). After determining the reasonable chance of success, the next evaluation is the reasonable amount to be expected in settlement and/or jury verdict. In some cases, the monetary damages expected may be so low it is not worth it to pay the costs associated with bringing suit. With personal injury, the first analysis is on the total medical bills associated with the injury. If EMS and emergency evaluation/treatment is involved, the bill for those medical services is likely to be over $3,000.00. Those are usually the most uncontested bills, as seeking treatment in the Emergency Room is normally considered reasonable regardless of the accident. In determining the potential jury verdict, the actual bill from the hospital is what must be considered as the damages. Not what was paid by the insurance company or patient co-pays. Your insurance company may have paid only a fraction of the bill, but that insurance information will not go before a jury. Only the medical bills. Further treatment recommended by the ER, like seeing a primary care provider, is normally accepted as reasonable. Unusual treatment, like chiropractic treatment in some circumstances, can be questioned. Treatment which evidence/records proves connected to a pre-existing injury can be contested. This is an issue in which expert testimony may be required in bringing suit, but worth it is the liability appears clear and the damages are substantial. Beyond straight medical bills, pain and suffering, and future partial or permanent disability are more subjective damages, but damages the jury will be expected to consider in the overall verdict. Lost wages, loss of future earning capabilities, loss of enjoyment of certain things due to the injury are also damages connected with personal injury the jury would consider. Different venues offer different average jury verdicts, so studying the venue and prior verdicts is important to evaluating the value of the case. As a rule of thumb in many venues, assuming no substantial future damages and/or substantial injuries like broken bones, the total damage award can be expected at 2-3 times the overall medical bill. The reason it goes well beyond the medical bills is compensation for pain and suffering associated with the injury. The amount can be substantially more if the injury is significant and involves futures. Again, each venue is different, so it's important to study the venue and consider all medical damages and future issues. In some cases, psychological injury comes into play due to the nature of the injury. Additionally, spouses can claim damages for "loss of consortium" due to the accident. These are damages the spouse suffers due to what has happened to their loved one. Note: Loss of consortium goes beyond the sexual into all the things spouses do for each other. It is always best to seek legal representation (note: I have written about contingency fee agreement for those bringing lawsuits), and best to get your lawyer to provide detailed analysis. However, with these basics of information, you will be in the position to better understand whether to sue and what to expect.
Through the years, it has amazed me to learn how many people do not plan for what will happen when they die. I am not referring to the soul and relationship with God, which is of primary importance. I refer to plans to take care of loved ones after death. Maybe it's my life in the Army, in which during combat deployment we were expected to plan for our death before going into harm's way. As we know physical death is an absolute certainty which can happen any time, I am dumbfounded when I discover an elderly person has died without so much as a Last Will and Testament. It hits me particularly hard when I have found an elderly client or former client has died and they had done no planning for their Estate. I have learned to take the time to mention the importance of this planning when clients come to me for legal matter, particularly elderly clients. The planning goes beyond actual death, to cover the eventual situation in which one is near death but without the ability to tell others of their wishes. There are three primary documents I recommend they have for a basic Estate plan: A Last Will and Testament, A Durable Power of Attorney, and a Health Care Power of Attorney. Let me explain. The Last Will and Testament is important. If someone dies without a Will, state law determined how that person's property is divided. In South Carolina, without a Will half of one's property is distributed to living children, and half to a living spouse. If one has no children all will go to the living spouse. Without a living spouse, it all goes evenly to living children (There are other rules if one has not had children or a living spouse, but for the sake of brevity I will stop at this level). In determining the Personal Representative, the court gives priority to a living spouse, but children all have equal priority. I have seen families break apart over fights over Personal Representative, or over the state rules for division of property. Many times, the living spouse may be a second or third spouse, and not be the spouse when the decedent's (decedent is person how died) children were born. A Will ensures no fight over Personal Representative, and that property goes where it should and all know it is by the Will of the decedent. This can keep families from falling apart, save families money, and ensure the memory of the person dying is not marred by the perception the person didn't care about the family. A simple Will can bring that peace and peace of mind knowing things will be OK with the family after death. A General Durable Power of Attorney allows a trusted person to act on one's behalf if one cannot conduct business due to physical incapacity. This is usually to a spouse, and prevents the major problems of handling business if one is in a physical state in which they cannot act for themselves, particularly if they are in a vegetative state without the hope of recovery. The Durable POA has the potential for misuse, and should only be given to someone trusted enough. That power would allow the person to draw all money from an account, for example. However, it will allow for necessary business to be conducted. A Health Care Power of Attorney allows one to make decisions about life support and sustainment if the person is in this state: To a reasonable degree of medical certainty they will not recover enough to come off the life support or sustainment and the person cannot articulate their desires. For example, someone is in a vegetative state on a respirator and they are not expected to recover. The Health Care POA allows for the person with the power to cause life support to end so the person dies a natural death. It also allows for the person with power of attorney to end life-sustaining nutrition/hydration. The person who grants Health Care 'POA can direct the life support/sustainment end, or give that person the power to decide. It can prevent one's estate from being depleted on medical expenses, leaving nothing to family. These are some simple documents to prepare and execute for the inevitable time of being called home to God. That preparation can be the last show of love to families, and something that will keep the peace when death comes. Just as important, it will offer peace of mind in life that one of the most important tasks is done. You may also be interested in these articles:
