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KellyGram – Fairfield County Nuclear Let-Down

 

One of our service areas, Fairfield County, continues to suffer from the decisions of SCANA and Santee Cooper to terminate the construction of two nuclear reactors within the county. In my opinion, at least one of the facilities is necessary to accommodate South Carolina’s rapidly increasing electrical needs. But of more immediate concern is impact of the failed project on Fairfield County’s struggling economy.

Fairfield County and the two electrical companies had negotiated a deal where the county would receive a fee from the companies in lieu of property taxes on the nuclear sites. The deal was expected to bring substantial income to the Fairfield County government, which it planned to use in part to expand water and sewer access to rural areas of the county where, currently, the utilities are virtually non-existent. The build-out and development of the county would have created jobs and brought wealth to the community; instead, hundreds of residents are left looking for work due to the massive lay-offs following project’s halt. Meanwhile, rate-payers (myself included) have taken a bath in increased utility costs stemming from the expensive, albeit failed, construction. It would be an understatement to say that the mishandling of the project by SCANA and Santee Cooper is a shame—it was, and continues to be, a catastrophe for the citizens and leadership of Fairfield County.

Here’s hoping that Fairfield County and its citizens can find relief from this economic nightmare. My heart goes out to you, my friends!

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The One Bite Rule? Not So Fast My Friend.

Brad Hewett

 

Like many of you, we are dog lovers here at the Mike Kelly Law Group. For my family, and especially before we had children, that meant taking our dogs with us pretty much wherever we went, whether that was the park, the lake, out to eat, and everywhere else short of court and church.

While Americans in general are dog crazy (yes my wife dresses our dog up for holidays and yes we may have watched a few episodes of the Cesar the dog whisperer), many South Carolinians may not be aware of their responsibility and potential liability associated with their canine.

The South Carolina Code of Laws provides that “[i]f a person is bitten or otherwise attacked by a dog while the person is in a public place or is lawfully in a private place…the dog owner or person having the dog in the person’s care or keeping is liable for the damages suffered by the person bitten or otherwise attacked. S.C. Code Ann. § 47-3-110. See, Harris v. Anderson County Sheriff’s Office, 381 S.C. 357 (S.C. 2009).

In short, if your dog harms another person, you are responsible for the damages as long as that individual was not trespassing onto your property, or provoking your dog. If your dog injures an individual, you will likely be on the wrong end of a claim or lawsuit, with virtually no defense for the actions of your dog absent a trespass or provocation. Contrary to popular belief, there is no “one bite rule” in South Carolina, meaning that you are responsible for damages caused by your dog even if it had not previously displayed any aggressive tendencies or been involved in a prior incident.

How can you minimize the risk of your liability? Below are 4 suggestions to keep in mind:

1. Keep your dog on a leash while in public, and exercise caution when allowing contact with strangers. My dog is a combination of German Shepherd and Golden Retriever (we think) and has protective tendencies. In turn, when I walk my dog in public I do not allow people that he does not know to approach and attempt to pet him. You may want to also consider using a muzzle if your dog is going to be around strangers.

2. Install a fence or invisible fence to prevent your dog from venturing off your property. It seems like common sense, but canines do not always appreciate boundaries. Often times, a person’s natural reaction is to run when a strange dog is approaching, even in a playful manner, which can also lead to injury should that person sustain injury while attempting to flee.

3. You can be liable for injuries caused by your dog even if the incident occurs inside your house or on your property, as long as the guest is lawfully on the premises. Unless your dog is familiar with the guests, it is worth considering whether the dog should be placed in an area removed from contact with the guests. While such a suggestion may seem awkward to those of us that consider our dog a member of the family, since South Carolina law creates no fault liability for the dog owner in the event of damages, it is simply a measures to reduce the chance of an incident.

4. Contact your insurance agent to determine whether you have insurance that would provide coverage should your dog inflict damage. While many homeowners’ policies provide such coverage, there may be exclusions depending upon the breed of the dog. It is worth securing coverage to protect your family should such an unfortunate incident occur, and I would recommend carefully reviewing the policy to ensure that an exclusion does not apply based upon the breed of your dog.

The Mike Kelly Law Group has assisted numerous victims of dog attacks over the years, some sustaining catastrophic injuries. I recently represented the family of a young girl left with permanent scarring after being attacked by the dog of a neighbor who was allowed to wander freely throughout the area. Dogs are truly man’s best friend and reward us in many different ways. However, accidents can happen that leave your family responsible for the consequences. Much of this article is just good common sense, but do not hesitate to contact me at 803.726.0123 or bhewett@mklawgroup.com if you care to discuss this topic further.

For now, a few words of canine wisdom:

“Everyone thinks they have the best dog. And none of them are wrong.” – W.R. Purche

“The average dog is a nicer person than the average person.” – Andrew A. Rooney

“The more I learn about people, the more I like my dog.” – Mark Twain

“Dogs’ lives are too short. Their only fault, really.” – Agnes Slight Turnbull


KellyGram – Out With The Old, In With The Cold

 

It’s officially 2018, and the (not-so) sunny state of South Carolina rang in the New Year with freezing temperatures! Our clients in Myrtle Beach and the Pee Dee got a heavy dose of arctic weather on Wednesday with ice and snow, and even “Famously Hot” Columbia saw brief flurries. Maybe it’s just me, but it seems that the older I get, the harsher the cold weather is on my body, and this year I feel it more than ever. So, as much as I love South Carolina, lately I would rather be on a sunny beach in the Caribbean!

This abnormally cold climate does not only cause us to reach for an extra jacket or two, though. The wintery precipitation and freezing temperatures create hazardous driving conditions that many South Carolinians are unused to. On Wednesday, Charleston, Myrtle Beach, and Florence experienced an astronomical spike in automobile accidents. There are warmer days to come, but until then, I urge you to stay wary of icy roadways and other drivers, and consider traveling with a fully charged phone and blankets in case of a roadside emergency. I wish safe passage to you all as we traverse this arctic episode, and offer my help to those who may need assistance along the way.

We’re here for the people of South Carolina.

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KellyGram – 2018

 

Happy 2018!

Wow, can you believe it? The New Year is approaching rapidly! I look forward to what 2018 has in store—to conquering the hills and valleys that are invariably around the corner and, more importantly, to serving friends I’ve not yet met and making new memories with old ones.

It seems as though 2017 passed in the blink of an eye, but as we all prepare to welcome in the New Year, it is important to take the time to reflect on the challenges, triumphs, and priceless moments that 2017 presented. Understanding our past successes and mistakes will help each of us to make the most of the fresh start that 2018 will offer. It is a blessing to be here to celebrate the year to come, and I will strive to treat every day as a gift and an opportunity.

On behalf of the Mike Kelly Law Group, I am wishing you and yours the best year yet!

Cheers!

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KellyGram – What Christmas Means To Me.

 

As I shared last week, I have come to appreciate all that the Christmas Season brings – family and friends, the hustle and bustle, and the break from the normal routine as things wind down for the year. Over the years I have made great progress in embracing these aspects of the holidays. Even so, as a cradle Episcopalian and follower of Jesus Christ, to me Christmas has always been, above all else, about my Christian faith. My Christmas Eve and Christmas Day primarily center around worship at my beloved home church, St. Martin’s-in-the-Fields Episcopal Church. Located in Forest Acres, we have services on Christmas Eve at 10:30pm and on Christmas Day at 10:30am and 5:00pm. The service I look forward to most is our Christmas Eve Mass at 10:30pm. We Episcopalians kick this service up a notch as we commemorate and welcome the birth of our lord and savior, Jesus Christ. This beautiful and incredibly joyous service is filled with lots of brass instruments, hymns, and all of the wonderful traditions I experienced growing up. To me, this is always a great way to celebrate the true meaning of Christmas.

If you don’t have a church home or just want to visit St. Martin’s, our doors are always open, and you can be sure to find me at the Christmas Eve Service at 10:30pm this Sunday.

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KellyGram – I’m in the Holiday Spirit

 

As I write this week’s KellyGram I cannot help but think about the way I used to feel about the holidays. I have to admit that time and wisdom have taken a toll on my inner “Grinch”, and what used to be my least favorite time of the year now sparks a sense of holiday spirt in me. Reflecting on the past, I liked and was used to a set routine; so the holidays just felt like an inconvenient disruption to me, especially the time between Thanksgiving and Christmas. All of the social activities, holiday parties and family gatherings just seemed to get in the way of my work (which happens to be one of my favorite things to do), and my frustrations would only escalate as things slowed down so dramatically. That was then, though. Now, with all of my life experiences and lessons, I have come to terms with the holidays and have found myself getting more into the holiday spirit over the last few years. I now appreciate and enjoy almost everything about the holidays, especially the warmth and joy of spending time with loved ones.

My family, friends, and coworkers at the Mike Kelly Law Group can no longer say that Mike Kelly is a “Grinch” – this year I even put up a tree! Ultimately, I have come to learn that it is better to enjoy every minute of every day while I can, and this is especially true during the special times of the holidays.

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KellyGram – A Legal Giant

 

It is with great sadness that I share the passing of Judge Ernest Finney last Sunday, December 3, 2017. He grew up in my neck of the woods of Smithfield Virginia, before moving to South Carolina at an early age. He became a lawyer, a legislator, a Circuit Court judge, a Supreme Court judge, and ultimately the Chief Justice of the South Carolina Supreme Court. This was a remarkable accomplishment for someone who grew up humbly in the pre-civil rights era. He became a civil rights pioneer, being involved in many legal challenges to segregation and ‘whites only’ accommodations. He has a wonderful family, and is survived by his wife, Frances, his daughter Nikky, who is an accomplished poet and English professor, and two sons, both of whom are lawyers – Ernest “Chip” Finney III, who serves as the Solicitor for the Third Judicial Circuit, and Jerry, who I had the pleasure of working alongside many moons ago, and is now an accomplished attorney and CEO of his own firm.

In addition to his civil rights accomplishments, Chief Justice Finney is known for being a pioneer in the legal field. He served as a jurist with fairness, respect and kindness, and truly believed in his favorite verse, Micah 6:8 – “And what does the Lord require of you? To act justly, to love mercy, and to walk humbly with your God.” I was blessed to have known such an amazing man, and he will truly be missed.

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In A Wreck? Here’s A Reality Check.

Jamie Smith

What Lawyers Don’t Advertise on TV

 

We have all seen them: flashy TV commercials pageanting personal injury attorneys and the high-figure settlements their client received after being injured in an automobile accident. Whether they focus on the attorney’s heroic feats, client testimonials, or endorsements by B-List celebrities, these advertisements almost always share a common denominator–they are visually distracting. Next time you tune in to your local network, pay careful attention to these commercials and you’ll see that they are always moving. Background reenactments, slideshows of mangled vehicles, and numbers and words zooming on and off of the screen are just a few of the ways these broadcasts keep your eyes busy. And while gaudy commercials are effective marketing tools for law firms–many of us know the names and numbers of these attorneys by heart–they may be effective for troubling reasons.

South Carolina’s Rules of Professional Conduct require attorneys who choose to broadcast their settlement figures must “clearly and conspicuously” disclaim that the results a lawyer or law firm achieve on behalf of one client does not necessarily indicate that similar results can be obtained for other clients. But thinking back over the braggadocios clips reminding you of who to call when you’re in a crash and need your cash, do you remember ever seeing this disclaimer? Probably not. If you watch very carefully, the disclaimers are there–they are just easily overlooked when your mind and eyes are dazzled by the perpetual motion in the ads. Unfortunately, the resulting effect can mislead viewers into thinking that all car accident victims will be entitled to five, six, and seven figure verdicts when, in reality, that is simply not the case.

The intent of this article is not to discount the credibility or success of law firms with animated commercials–the attorneys that fit the bill in my mind are all well-qualified to handle a personal injury claim successfully. Instead, what I hope to accomplish is to inform readers as to why settlement and verdict results vary significantly in personal injury claims, and why you most likely will not walk away from a fender-bender with a windfall. In realistically assessing the value of a personal injury case, there are many factors that come into consideration when assessing the value of a personal injury claim:

1. The Nature and Severity of the Injury. Often, victims of car accidents sustain what are referred to as “soft tissue” injuries, and these injuries are usually impermanent and undetected by CT scans, X-Rays and MRIs. In most cases of soft tissue injury, subject of course to other variables, including those described below, settlements or verdicts will generally cover the victim’s medical bills plus some additional money for pain and suffering. After paying medical providers and attorney fees, it is often the case that drivers who sustain soft tissue injuries will not take home a huge pot of money after resolving a claim.

So how, then, do attorneys achieve the six-figure resolutions advertised on TV? The reality is that, in most cases, the accidents resulting in these settlement amounts also result in permanent injury, catastrophic injury, or fatality to those involved in the accident. These victims may have to endure joint replacements, spinal or plastic surgery, broken bones, chronic pain, bodily disfigurement, and/or permanent impairment of the body. Clients receiving these offers usually will need future medical care, and the money is intended for that purpose; some receive the money in a futile effort to make them “whole” after the loss of a child, spouse, or loved one. Thus, while it is possible to earn significant settlements and verdicts for clients involved in an automobile accident, these results are unlikely absent devastating circumstances and, in those cases, no amount of money truly will restore the victim from the injuries they’ve sustained.

2. Insurance Coverage. A second probable determinant of what a settlement offer may be is the amount of insurance coverage available. Say you have $100,000.00 in medical bills from an automobile accident, and the at-fault driver carried $25,000.00 in coverage. Unless you carry underinsured motorist insurance, there is only $25,000.00 available to you. Can you sue the driver for additional money? Sure. However, most individuals do not have the assets to pay any additional monies, and so it is rare that an at-fault driver is sued for funds in excess of the insurance policy limits. Even if the court issues a judgement against that driver, there is only a slim chance of that judgment being satisfied; in other words, one could spend a lot of money on litigation that results in essentially a worthless piece of paper. On the other hand, if a victim has significant injuries and there is substantial insurance money available, that individual may be able to recover one of the large verdicts like those advertised on television.

3. Visible Property Damage. Though it is not necessarily a reliable way of measuring a person’s injuries, insurance companies and juries will often look at the property damage a vehicle sustained in a collision to determine whether the impact caused by the at-fault driver was sufficient enough to cause the injuries claimed. This is a theory that Plaintiffs’ attorneys fight hard to debunk, but currently it is the case that factfinders generally tend to correlate visible property damage to bodily injury. Thus, if there is very little visible property damage to a vehicle after an accident, the victim may have a long battle ahead to establish that the accident caused bodily injury.

4. Preexisting Conditions and Gaps in Treatment. Like property damage, juries and insurance adjusters may try to dispute that a victim experienced bodily injury from an accident if they experienced similar symptoms prior to or at the time of the accident, or if the victim did not receive treatment for a significant period of time after the accident. Plaintiffs’ attorneys advocate against these notions, but ultimately, proving causation is far more difficult in cases where a client has a preexisting condition aggravated by the accident, or where a client has not received medical treatment for his or her injuries for a period about two weeks or more after being in a motor vehicle accident. Thus, cases in this category often see lower settlement offers and are more likely to wind up in litigation or trial.

5. Where the Accident Happened. Perhaps one of the most surprising factors that insurance adjusters consider when making an offer is location. In a lawsuit involving a motor vehicle accident, the suit may only be filed in the county where the accident occurred or where the at-fault driver lives. Attorneys and adjusters know that a Plaintiff may obtain a great verdict in certain counties and a meager verdict in others. This is determined based on whether the county’s residents–and thus its jury pool–are primarily conservative or liberal. The more conservative a county is, the lower your settlement offer or verdict will probably be.

6. Who Caused the Accident. The party at fault in a motor vehicle accident may have some bearing over what a settlement offer or jury verdict may look like. Drivers hit by a tractor trailer often receive a higher payment than they would if they sustained the same injuries in an accident with a non-commercial driver. This is attributable to the fear that potential jurors have of tractor-trailers, and the extensive rules that apply to these drivers. Or, if a victim is hit by a drunk driver, he or she may potentially be awarded punitive damages which are not meant to make the injured party whole, but to make an example of the consequences of driving under the influence. In that instance, a person with only minor injuries may be awarded a significant sum of money like the settlements flashing across your television screen.

So, what’s the verdict? The answer is that the settlement figures boasted in attorneys’ television advertisements are, most likely, not reflective of what the victim of a typical motor vehicle accident should actually expect to receive. A surprising weight is given to factors that have nothing to do with the injuries sustained in an accident when calculating what a “fair” offer should look like, and the cases that land a spot in prime time television most likely involved a number of the factors above leaning in the victim’s favor.

The system is not necessarily a fair one for Plaintiffs, and it is important to understand why when you’ve been in a motor vehicle accident–especially when advertisements paint an unrealistic image of what to expect when you’re in an accident. Knowledge can help victims better navigate the system, understand when an insurance company is not extending a fair offer, and eventually create a system that is more just. That said, if you or someone you know has been in a car accident, the Mike Kelly Law Group encourages you to contact an attorney with questions about these factors, and others, weighing into insurance companies’ decision-making when extending settlement offers.


KellyGram – Man’s Best Friend Can Be Dangerous

 

I’ve always been in love with the dogs and cats that have resided in the Kelly household over the years. Pets provide countless hours of joy and happiness to their owners and loved ones. However, it is important to remember that they are still animals, and have the potential to be dangerous, even when it is not their intent. I remember a time when I was 8 years old, and was bitten by a dog while riding my bicycle. Even today, many years later, I still have a sense of uneasiness when I am around larger, intimidating dogs.

It is the pet owner’s responsibility to ensure their pets are properly trained and under their control at all times. Please know that the owner of a dog who bites another individual is strictly liable, regardless of the circumstances. To keep you, your dog, and anyone who comes in contact with your pet safe, it is important that they are trained to never harm or bite a human being. If this is not possible, I suggest the dog be removed from the home. Stay tuned for an upcoming blog by Attorney and Partner, Brad Hewett, which will provide more details on the facts, and a deeper understanding of this topic.

If you or your loved one have any questions or sustain a dog bite injury, the Mike Kelly Law Group is well equipped to help you.

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KellyGram – Thanksgiving 2017

 

In the later quarter of my life, I have learned to appreciate just how many blessings I have. Like everyone else, I have issues and challenges in my personal and business life, but compared to all the blessings that continue to roll my way, I consider myself one lucky man! I have so much to be thankful for, including my family and friends, my career, my health, my love and appreciation of life, and most importantly, my relationship with my Lord and Savior. Thanksgiving used to be a hard time for me because things slow down, and I am used to a fast-paced life, but I now appreciate Thanksgiving as a much needed time to reflect on all things beautiful. I hope everyone takes this time to reflect on all their blessings and enjoy this very special time with family and friends.

Wishing you a Happy Thanksgiving from your friends at the Mike Kelly Law Group!

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