With primary elections just around the corner, today’s KellyGram spotlights House candidate, Austin Bowers. I have known Austin Bowers since he was a teenager, have grown close to both him and his family over the years. I’m proud to say that I serve as one of Austin’s mentors and have witnessed his successes as he completed high school, graduated from Wofford, and survived his first year at the University of South Carolina School of Law. And as for his decision to go to law school in Columbia…Austin had other choices, but enrolled in law school at USC upon my recommendation, and he is very happy with his choice!

Several months ago, Austin shocked me when he let me know of his decision to run for the South Carolina House of Representatives at age 22. Initially, I admittedly had some concerns about how anyone already juggling vigorous law school curriculum and a demanding job could successfully dedicate the time and focus necessary to campaign and, eventually, serve as a representative. I have since gotten a chance to work with Austin directly in a professional setting, on a daily basis, as he is clerking at the Mike Kelly Law Group this summer. Having fully seen Austin Bowers in action, I am certain that he has what it takes to succeed on all levels and to provide the people of House District 87 with the dedicated representative they deserve.

 

Austin believes in a new generation of leadership and a fresh approach to representing the residents of House District 87. One of his key focuses is to reestablish public trust in the members of the general assembly, who are sworn to govern by the people and for the people. The transparent approach Austin brings to the table is exactly what we need to achieve this goal, which has become even more critical in light of recent events. His actions, as well as words, reflect his dedication to the public—for instance, last Saturday Austin, with his campaign managers Caleb Surface and Alex Bowers, walked 17 miles, door-to-door, to shake the hands of the individuals he hopes to soon serve.

Austin’s approach to this position is most refreshing, and you can learn more about his campaign by visiting his Facebook here. I urge everyone in House District 87 to get out on June 12th and vote for Austin Bowers!

Having been a father for 36 years now, I happen to think that fathers are pretty special. But let’s face it, nothing comes close to being as important or as special as a mother’s love. I was blessed to have my beloved mother in my life for 55 years; she—like all mothers—was basically perfect! My mother not only put up with me, but she fed me, clothed me, taught me, worried about me, loved me, and she was my biggest champion until the day she died. I will honor her memory on Sunday—Mother’s Day—and hope that those of you who still can will give your mom a big hug and thank her for all that she does

This year, I am excited to celebrate the newest mother in my life, Martha Hearn Kelly, on her first Mother’s Day with my precious granddaughter Helena!

With spring in full bloom, it seems that each and every weekend there are multiple festivals going on in the Midlands and across South Carolina. They offer something for just about everyone, whether you are looking to enjoy the outdoors with your kids, check out the music scene, or support local vendors. Last Saturday alone my wife and I noticed three events going on simultaneously in the Columbia metro area, and this week is no exception.

Each year I try to take in as many of the festivities as possible, not only because they are fun, but because they remind me of why—despite its problems—I love living in this state. This weekend’s festival of choice will be the Rivertown Music & Craft Beer Festival in downtown Conway, featuring live music, delicious beer, and a car show. Mike Kelly Law Group will be in the throes of the excitement offering festival-goers complimentary water, sunblock, and goodies while they have fun in the sun.

For those of you in the area, stop by and say hello! Come meet the incredibly talented Samantha Beaver, lead paralegal in our Myrtle Beach office on the Grand Strand, and learn how the Mike Kelly Law Group can help you!

Although there are aspects of our Social Security Administration that I do not care for—and I’ve made a living contesting its wrongful denials of disability benefits—I have to say that our Social Security system is a life-saver for many Americans. Having helped clients through the Social Security Disability process for decades, I have seen first-hand just how impactful and absolutely necessary disability benefits—especially Medicare/Medicaid benefits—are to the very survival of many individuals. Being able to better the lives of others by fighting for these much-needed services is one of many reasons I take great pride in my work. Sadly, these benefits are often difficult to obtain without legal assistance, and only a small percentage of individuals have short-term or long-term disability insurance.

From a retirement perspective, however, Social Security benefits have served, and continue to serve, as a necessary means for most of America’s retirees. Last year, approximately 42.5 million retirees drew Social Security, and it served as the primary source of income for over half of those individuals. Currently, I do not receive Social Security income as I am actively practicing law and plan to continue doing so for the foreseeable future. However, I recently enrolled in Medicare and can attest to just how vital the federal program is and, even more so, how necessary it will be when (or if) I decide to wind down my career and settle into retirement.

The Social Security Administration offers services beyond retirement and disability benefits which many individuals may not know are available to them. April is National Social Security Month and a perfect time to become more familiar with the types of benefits and services offered through the Social Security Administration. To learn more about Social Security generally, please visit https://www.ssa.gov/. Additionally, you can find out more about filing a Social Security Disability claim by reading Attorney Lisa Cotten’s article here.

Today’s KellyGram is centered on an wonderful fundraiser being hosted by my dear friend Chef Ryan Whittaker. I met Chef Ryan when I started frequenting his incredible restaurant, 116 Espresso and Wine Bar on State Street in West Columbia. We quickly developed a close friendship, and over the years I’ve watched Chef Ryan receive well-deserved recognition for his accomplishments both in the kitchen and, more importantly, in the community. When Ryan was named among The State Newspaper’s “20 Under 40” 2014 class, I had the pleasure of attending the ceremony along with his wife and parents.

Ryan is always giving back to his community, as well as his friends and family, through his time, talent and treasure. He donates food and his skills to fundraisers for numerous non-profits such as Palmetto Place and South Carolina Philharmonic, along with many others. Now, Chef Ryan has taken on yet another honorable cause and is hosting a fundraiser dinner with The Charitable Plate for the benefit of the Wanek Family and a fellow local chef, Damian Wanek. Mr. Wanek tragically lost his wife three weeks ago, and his four young children lost their mother and full-time caregiver. The dinner will take place at 116 Espresso and Wine Bar on Monday, April 23rd at 6:00 pm. Proceeds will be used to fund caregiving services for the Wanek children.

Not only is this event benefitting a tremendous cause, it is sure to be an elegant (and delicious!) affair. Along with Chef Ryan, other local chefs of note in Columbia’s emerging food scene will be participating, including Mike Deevy and Henry Griffin (Ristorante Divino and Kingsman), Robert Stegall-Smith (Performance Foodservice), and David Grillo (Cantina 76). Additionally, there will be very exclusive wines served with dinner.

Please come out to support the Wanek family and enjoy what is sure to be an amazing event. For more information and ticket purchases, please visit the fundraiser’s site here.

I generally do not pay mind to National “This” Day or “That” Month, but April is an exception to the rule. It’s Distracted Driving Awareness Month and, as a personal injury attorney, I am all too aware of the consequences of distracted driving. In both my job and my private life, I have come to believe that cellphones and other such gadgets are a blessing and a curse. The worst of the curse, of course, is the danger that accompanies cellphone use while driving, whether that use is talking, texting, checking email, or otherwise being preoccupied by the device. When your focus is on your phone instead of your number one priority—safe operation of a motor vehicle—you are putting yourself and surrounding drivers at risk. Sadly, approximately 10% of all motor vehicle fatalities involve phone usage.

I must confess that at one time I was guilty of regularly using my handheld device to make calls while driving. However, as I saw more and more clients walk through my door after being injured by a distracted driver, I changed my ways and have become much more vigilant behind the wheel. As much as I drive throughout South Carolina, whether to visit my offices in Myrtle Beach and Winnsboro, or to Florence where I have friends, family, and a large client base, I absolutely must have my eyes focused on the road and off the phone.

It is important to note, though, that distracted driving encompasses much more than driving while using a phone. Distracted driving means driving while your eyes are off the road, your hands are off the wheel, or your mind isn’t focused on driving. Operating a navigation system, eating while driving, and gazing at the scenery instead of the road are just a few examples of distracted driving that can lead to motor vehicle accidents.

When you’re driving, it only takes a few seconds to make a life-altering mistake. Make an oath today to yourself, your passengers, and your fellow travelers that, when you’re behind the wheel, you’ll keep your focus on the road.

As you know, the Mike Kelly Law Group has decades of experience handling personal injury, workers’ compensation, and social security claims. A large percentage of our cases arise out of automobile accidents, and many clients come to us only after they have tried to resolve a claim on their own but cannot see eye-to-eye with the insurance company. Today’s KellyGram, in an effort to help those seeking to resolve a personal injury claim on their own, addresses a major “don’t” in the claim resolution process—recorded statements.

The aftermath of a car accident is often a whirlwind of whiplash, doctor’s appointments, auto body shops, and phone calls with your insurance company. In the midst of the chaos comes a call from the other driver’s insurance representative, a pleasant individual who wants to help you navigate the claims process and make sure you’re fairly compensated for your injuries and troubles. After all that you’ve been through, those words are music to your ears…but first, the representative just needs a quick recorded statement from you about the accident to verify that their insured caused the accident. How should you respond? You say NO!

Generally, insurance adjusters are nice people, and nice people are easily trusted. However, at the end of the day, an adjuster is an employee acting in the interest of the insurance company with the goal of settling claims for the lowest figure possible or, in some cases, denying payment altogether. Most insurance companies are publicly traded entities with a duty to shareholders to make a profit. Every dollar paid out to you makes the company a dollar less profitable.

One way an adjuster might try to lessen the value of your claim is through a recorded statement, even if the truth is on your side. You may be presented with questions that are purposely phrased to illicit responses harmful to your claim, or be pressured into agreeing to a representation that you are uncertain is accurate. Even if your statement is flawless, a minor inconsistency in a later statement could be used to question your credibility. Fortunately, though you have a duty to cooperate with your own insurer, you are not required to provide a recorded statement to another driver’s carrier and, generally speaking, you should decline to do so.

If ever you find yourself in an accident and decide to go ahead with giving a recorded statement, we strongly recommend that you talk to a lawyer—whether through our firm or another personal injury firm—prior to doing so.

We’re here for the people of South Carolina!

Mike Kelly Law Group is closed today in observance of Good Friday, the most solemn day of the Christian year. But there is good news—Sunday is coming! “Blessed be to the God and Father of our Lord Jesus Christ, who according to His abundant mercy has begotten us again to a living hope through the resurrection of Jesus Christ from the dead”! 1 Peter 1:3

Those who share my faith recognize Easter Sunday as the day of the Resurrection, which I view to be the most significant Christian holiday. The Resurrection has come to be celebrated as an offer of daily hope that love and the good of God will triumph over evil and sin. And it is in furtherance of this principle that the community nonprofit ministry Resurrections combats the hardships that so many of our neighbors face by offering food, services, and provisions to those who may otherwise have lost their daily hope.

One of many wonderful community programs organized by Resurrections is Lunch on the Lawn, which takes place each Saturday in the parking lot here at the Mike Kelly Law Group. Though we play just a very small role in this significant effort, my firm is honored to contribute to this program. Lunch on the Lawn, through the hard work of dedicated volunteers, provides a free, hearty meal to our hungry brothers and sisters; however, far more than food is served at this event. Resurrections has succeeded in cultivating an atmosphere that brings members from all corners of the community together to break down barriers and build mutual understanding and alliances. It is through this relationship-building that Lunch on the Lawn makes a lasting impact on hunger and homelessness.

Resurrections is made possible through the generosity of the community, and I hope you all will consider becoming part of the movement! If you are interested in becoming involved with Resurrections or learning more about its programs, please visit the organization’s Facebook page here.