Author: admin

Self driving cars on the road

Self-Driving Cars and Pedestrian Injuries

Posted on

With the expanding popularity of self-driving cars and the increasing development of driver assistance technology, some people have concerns about the safety of pedestrians when vehicles do not have a human operator. When a pedestrian gets injured, it can be unclear exactly who might be liable for their losses.

A South Carolina car accident attorney can help you sort out the liability issues and seek compensation for your injuries and losses. This article will discuss some of the challenges that can arise in situations involving self-driving cars and pedestrian injuries. 

Self-Driving Cars and Expanded Driver Assistance Technology

The lines are becoming increasingly blurred between self-driving vehicles and the constantly increasing levels of driver assistance technology in today’s passenger cars and trucks. There are not many fully self-driving cars on the road. Usually, there is a driver in the driver’s seat who can jump in and respond to a crisis.

In some collisions, there are allegations that the driver relied too much on the driver assistance technology and failed to pay attention to the road. After some crashes, witnesses have accused the driver of having been asleep at the time of the wreck. 

Driver assistant technology is improving from one year to the next. Some cars have sensors that alert the driver to the presence of an impending collision in front of, behind, or on either side of the car. Unfortunately, some drivers rely too much on this technology and avail themselves of the excuse to no longer pay attention to their surroundings while on the road.

Pedestrian Safety and Vehicle Technology

Some pedestrians also place too much faith in technology, assuming that cars with self-driving or other driver assistance features will protect the pedestrian from getting hit by the vehicle. Granted, some cars will automatically brake to prevent hitting another car or a walker, but not all vehicles have that capability. Pedestrians should always exercise caution before stepping into the street, even when they are in a crosswalk and crossing the street legally.

How to Prove Who Was at Fault

The legal analysis of liability is the same in every pedestrian accident. First, you establish the party had a duty of care toward the other person. Then, you show how the negligent party breached their duty of care and caused the collision. Finally, you prove the injuries and other losses of the plaintiff.

There is some confusion, when the plaintiff was not at fault, about who can be responsible when a self-driving car strikes a person on foot. Is the driver liable, the manufacturer of the car, or the company that developed the self-driving or driver assist technology? 

The answer to that question will depend on the unique facts of the case. For example, if the driver negligently failed to devote their attention to what was happening on the road, and instead, took a nap or watched a movie on an electronic device instead of watching the road, the driver could get held responsible for the crash. On the other hand, if the car had a mechanical malfunction, the vehicle manufacturer could be liable. 

Cases involving self-driving cars and pedestrian injuries are tricky, at best. You will want to talk to a South Carolina personal injury attorney about your case. Get in touch with our office today for help with your case.

Business' paperwork on a table for a company

Penalties for Breach of Fiduciary Duty

Posted on

Breach of fiduciary duty is an increasingly common accusation raised among people in business when they have disputes with their partners, managers, and employees. Usually, the penalties for breach of fiduciary duty are financial, since violations of a fiduciary duty often cause economic losses.

If you suspect that someone has breached their fiduciary duty, you will want to talk to a South Carolina business attorney about your options. These situations are not one-size-fits-all. The appropriate remedy in one dispute might be quite different from the outcome in another.

An Overview of Fiduciary Duty

A person has a fiduciary duty when they have a responsibility to put the interests of another individual or business ahead of their own interests. For example, business partners have a duty to take actions that are in the interests of the partnership and their partners. If one partner acts in a way that benefits the partner at the expense of the other partners or the partnership, the partner has breached their fiduciary duty.

What Can Constitute Breach of Fiduciary Duty

Breaches of fiduciary duty typically vary based on the role of the violating party. In other words, partners tend to perform different actions than employees or members of the board of directors when they violate their fiduciary duties.

Here are a few examples of conduct that can constitute a breach of fiduciary duty:

Partners

A partner might take company funds or assets for their personal use. The partner might commit actual embezzlement or merely mismanage partnership accounts. Partners also need to disclose conflicts of interest and refrain from engaging in self-dealing like funneling contracts away from the partnership to their personal business entity. 

When a partner is negligent or takes illegal actions, the partner could breach the fiduciary duty to the partnership by damaging the company goodwill and exposing the partnership to liability. 

Board of Directors 

Members of the Board of Directors face some of the same opportunities for breaching their fiduciary duties as a business partner, like conflicts of interest and self-dealing. In addition, the board of directors might violate shareholder agreements about voting rights, payment of dividends, and access to records.

Employees and Agents

When someone acts on behalf of someone else as their agent or employee, they have a fiduciary duty not to use the relationship to harm the principal or employer. Common types of fiduciary breaches include theft, embezzlement, colluding with a competitor, filing fraudulent invoices or expense reports, or sharing the employer’s customer lists and trade secrets.

The Importance of the Partnership Agreement, Employment Contract, and Bylaws

The partnership agreement, employment contract, bylaws, or other applicable document might address the issue of what penalties are available in the event of a breach of fiduciary duty. You will need to look to these documents first when exploring your options against the person who violated their fiduciary duty. 

Taking Legal Action for Claims of Breach of Fiduciary Duty

Breach of fiduciary duty is typically a common law issue, meaning that there is an absence of specific criminal statutes that create a specific offense called breach of fiduciary duty. Instead, the person violating the fiduciary duty could face criminal charges or a civil lawsuit for fraud, embezzlement, theft, or other conduct. 

The criminal penalties would depend on the offense charged. Civil penalties usually bear some relationship to the financial harm caused by the breach of fiduciary duty. 

A South Carolina business attorney could talk to you and help you seek to recover the economic harm that you or your business entity suffered as a result of the breach of fiduciary duty. Contact our office today for help with your case, we gladly offer a free consultation.

Client sitting with business law attorney

How Much is My Personal Injury Case Worth?

Posted on
There is no average settlement value in South Carolina personal injury cases. The number depends on the severity of your injuries, your medical bills, lost wages, available insurance coverage, and your share of fault, if any.

The value of your claim depends on the severity of your injuries, the cost of your past and future medical care, your lost income, pain and suffering, and the share of fault assigned to each party. After more than a century of representing injured South Carolinians, our Florence personal injury attorneys at Willcox, Buyck & Williams, P.A. work with medical and financial experts to value every category of loss and fight for the full compensation you deserve.

What Determines the Value of a Personal Injury Case in South Carolina?

The value of a South Carolina personal injury case is generally calculated by adding up your economic damages and non-economic damages, then adjusting for fault. The main factors are:

  • Past and future medical expenses
  • Lost wages and diminished earning capacity
  • Pain and suffering and emotional distress
  • The severity of your injuries, including whether you sustained permanent impairments
  • Out-of-pocket expenses, including personal care and travel to medical appointments
  • Property damage
  • The percentage of fault assigned to you under South Carolina’s comparative negligence rule
  • The amount of insurance coverage available to pay the claim

Because each of these factors is unique to your accident, an experienced attorney is in the best position to estimate what your case may actually be worth.

How Do Past Medical Expenses Affect My Settlement?

The medical bills you have already incurred are usually the foundation of any personal injury settlement. A claim involving thousands of dollars in emergency room visits, surgeries, imaging, prescriptions, and physical therapy will almost always be valued higher than one involving minor treatment.

Keep every bill, receipt, and explanation of benefits. Insurance adjusters look for gaps in treatment as a reason to reduce your offer, so consistent documentation from the day of the accident forward is essential.

Can I Recover Money for Future Medical Treatment?

Yes. If your treating physician believes you will need ongoing care, those anticipated costs can be added to your claim. Future medical expenses may include:

  • Additional surgeries or follow-up procedures
  • Long-term physical or occupational therapy
  • Prescription medications and pain management
  • Assistive devices, home modifications, or in-home care
  • Mental health treatment for trauma or depression linked to the accident

To recover future medical costs, your treating physician or a medical expert must support those anticipated needs with competent evidence. These damages cannot be speculative.

As a general rule, do not settle until you have completed your prescribed treatment or reached maximum medical improvement. Settling before you have reached maximum medical improvement may result in a settlement that doesn’t fully account for your future medical needs, costs you’ll have to absorb out of pocket with no further recourse against the at-fault party.

How Are Lost Wages and Diminished Earning Capacity Calculated?

Lost wages cover the paychecks you missed while recovering, attending medical appointments, or undergoing surgery and rehabilitation. They are usually calculated by multiplying your hourly or salaried rate by the time you were unable to work.

Diminished earning capacity is different. It addresses the long-term financial impact when your injuries permanently reduce what you can earn going forward. You may need to take a lower-paying job, work fewer hours, or leave your field altogether. Vocational and economic experts can help quantify that loss over the rest of your working life.

What is Pain and Suffering Worth in a South Carolina Personal Injury Claim?

Pain and suffering refers to the physical pain and emotional distress caused by your injuries and the disruption to your daily life. Unlike medical bills, there is no set formula for valuing it. Insurers and juries weigh factors such as:

  • The severity and duration of your physical pain
  • The permanence of any disability or scarring
  • Emotional consequences, including anxiety, depression, or PTSD
  • How the injury has affected relationships, hobbies, and daily activities

Other intangible losses, such as disfigurement from burns or visible scars, can also be compensated. Together, these are called non-economic damages, and they can make up a substantial portion of your overall recovery.

How Does South Carolina’s Comparative Negligence Rule Affect My Case?

South Carolina follows a modified comparative negligence rule that allows you to recover damages as long as you are not more than 50 percent at fault for the accident. If you are 51 percent or more responsible, you cannot recover anything. 

If you are 50 percent or less at fault, your compensation is reduced by your percentage of fault. For example, if a jury awards you $100,000 but finds you 20 percent at fault, your recovery is reduced to $80,000. Insurance adjusters often try to inflate your share of blame, which is one of the most important reasons to have legal representation early.

In cases with multiple at-fault parties, the jury may also apportion fault among defendants and other parties, which can affect how much you recover from each.

How Long Do I Have to File a Personal Injury Claim in South Carolina?

Most South Carolina personal injury lawsuits must be filed within three years of the injury or, in some cases, within three years of when the injury was or reasonably should have been discovered. An attorney can advise which deadline applies to your specific situation. Wrongful death claims also carry a three-year deadline, measured from the date of death. 

Claims against state or local government entities are subject to a shorter deadline under the South Carolina Tort Claims Act, two years, rather than the standard three, and may involve additional procedural requirements. An attorney should be consulted immediately if a government entity may be involved.

Missing the deadline almost always means losing your right to recover compensation, no matter how strong your case. The sooner you speak with a lawyer, the more time we have to investigate, preserve evidence, and build the strongest possible claim.

How Does Insurance Coverage Limit What I Can Recover?

No matter what your case is worth on paper, you can usually only recover up to the available insurance limits, unless the at-fault party has significant personal assets. That is why we look at every potential source of coverage, including:

  • The at-fault driver’s liability policy
  • Your own underinsured motorist (UIM) coverage, which applies when the at-fault driver’s liability limits are insufficient to cover your damages
  • Uninsured motorist (UM) coverage, which applies when the at-fault driver carried no insurance at all, including hit-and-run cases
  • Umbrella or excess policies held by either party
  • Commercial policies if a business vehicle or employee was involved

Identifying every available policy can dramatically increase the value of your recovery.

Talk to a South Carolina Personal Injury Attorney Today

Every case is different, and the only way to know what yours is truly worth is to have it evaluated by an experienced attorney. Contact Willcox, Buyck & Williams, P.A. with offices in Florence and Myrtle Beach for a free, no-obligation consultation. We will review your case, explain your options, and fight for the full compensation you deserve.

Man driving car

What Are the Odds of Dying in a Car Accident?

Posted on

Many people have anxiety when driving or riding as a passenger in a car. They might be surprised to learn how low their odds are of getting killed in a crash. They are much more likely to die of other causes rather than a collision.

If you got hurt or a loved one died because of a motor vehicle accident, a South Carolina personal injury attorney can help you go after the compensation you deserve from the party whose negligence caused the collision. Let’s take a look at the odds of dying in a car accident. 

Statistics for Fatal Car Crashes

The National Safety Council reports that the lifetime odds of dying from a motor vehicle crash are one in 101. In comparison, the lifetime odds of death for a pedestrian incident are one in 541, and for a motorcyclist, the odds are one in 799. Bicyclists have odds of one in 3,396. 

When you compare the deaths odds for motor vehicle crashes to the statistics for pedestrians, motorcyclists, and bicyclists, it might look as if it is safer to be a walker, motorcyclist, or bicyclist in a collision in a person driving or riding in a car, but that would be an incorrect conclusion. The odds are lower for those three groups because there are far fewer pedestrians, motorcyclists, and bicyclists than people riding around in cars and trucks. 

Comparative Lifetime Odds of Death from Various Other Causes

Before you swear off ever leaving your house again in an attempt to avoid dying in a car accident, it might allay your concerns to know the lifetime odds of death for some other causes. For example, the lifetime odds of death, based on 2020 numbers in the United States, are:

  • 1 in 6 from heart disease
  • 1 in 7 from any type of cancer
  • 1 in 12 from COVID-19
  • 1 in 21 from accidents and other incidents that were preventable
  • 1 in 28 from lung disease and other chronic diseases of the lower respiratory tract
  • 1 in 67 from an opioid overdose, including prescription opioid painkillers, heroin, and other forms of opioids
  • 1 in 93 from suicide

Seeing these lifetime odds of death can put help to put the likelihood of death from a motor vehicle collision into perspective.

Recoverable Damages After a Car Accident

So, what are your options for getting compensation for your losses after a motor vehicle crash?

Personal Injury

You could seek money damages from the at-fault driver for your economic losses, like medical bills, lost wages, and decreased earning capacity. Also, the party who caused the accident could be liable to pay compensation to you for other losses, like pain and suffering and loss of function. 

Wrongful Death

If your close relative did not survive their injuries from a car crash, you might be able to pursue a wrongful death claim against the party whose carelessness caused the collision. South Carolina law allows the legal beneficiaries to recover compensation for the loss of the deceased person’s income that helped to support the family, loss of services performed for the benefit of the household, loss of companionship and guidance, and other losses.

Also, the estate of the decedent could recover the final medical expenses, as well as funeral and burial costs. 

A South Carolina personal injury attorney could help you hold the careless party accountable in a personal injury or wrongful death claim. Get in touch with our office today for legal help.

Car speeding down the road

What Should You Do After a Hit and Run Accident?

Posted on

South Carolina law prohibits any involved party from leaving the scene of a car accident other than temporarily going to report the accident to the authorities. Unfortunately, not all people obey the law, and hit-and-run accidents occur. This can be a very stressful and overwhelming experience. Our South Carolina car accident attorney is here to help if you have been involved in a hit-and-run accident.

What to Do After a Hit And Run Accident

After a hit-and-run accident, the most important thing is to call 911 and file a police report. You should also seek medical attention promptly. If you can, take note of any information about the other vehicle and accident scene, such as license plate and details about the other car and driver. If anyone witnessed the incident, try to get their contact details.

Although leaving the scene of an accident is a crime with serious implications, many drivers never face the consequences of their actions. If the police are unable to locate the driver, you may need to seek the advice of an attorney to file an uninsured motorist claim.

Uninsured Motorist Coverage

Most people who leave the scene of the accident do so because they lack car insurance, were driving under the influence or had other legal problems they feared would come up if police were called. Even if a hit and run driver is not found, you still have options for recovering compensation for your injuries or property damage.

South Carolina requires uninsured motorist coverage for all drivers. Specifically, every driver must have minimum injury coverage of $25,00 per person or $50,000 for all involved. This covers medical costs, lost wages, and pain and suffering. Every driver must also carry minimum property damage coverage of $25,000.

To recover from this portion of your insurance, you file a suit against the “John or Jane Doe” who abandoned the accident scene.

To access this coverage, you must meet some requirements:

  • You must report the accident promptly after it happens.
  • Your crash and injuries must have resulted from contact with the other car or something the car did to cause you to crash. 
  • You are not careless in identifying the hit-and-run driver.

Seeking coverage under your uninsured motorist policy can be difficult to go alone. Having an experienced personal injury attorney on your side can be invaluable after a hit-and-run accident and lead to a better outcome.

Speak With An Attorney

It is not uncommon for individuals to find the uninsured motorist insurance process challenging to navigate. Most people understandably do not like dealing with legal matters or insurance companies alone.

If you have questions about uninsured motorist coverage in South Carolina or need an attorney for your pending case, we can help. Do not delay seeking help as you have three years to sue on a claim, with some exceptions. Contact our office today for a free consultation.

Business attorney writing

How to Dissolve an LLC in South Carolina: Watch Out for These Things

Posted on
Simply stopping operations is not enough. You must file Articles of Termination with the Secretary of State to properly dissolve your LLC and protect yourself from future liability.

You built your business with determination and sacrifice. Now, whether because the venture ran its course, circumstances changed, or you are ready to move on, you need to close it properly. Walking away without dissolving your South Carolina LLC can leave you exposed to ongoing tax obligations, accumulating fees, and potential legal claims for years to come. A South Carolina business attorney can guide you through the dissolution process and help you avoid the common mistakes that catch business owners off guard.

The Basic Steps to Dissolve Your South Carolina LLC in Myrtle Beach & Florence

Dissolving an LLC in South Carolina requires several key steps including:

  • Review your operating agreement for any dissolution provisions your members agreed to follow.
  • Hold a member vote to formally approve the dissolution. 
  • Wind up business affairs by collecting debts owed to the company, paying creditors, and distributing remaining assets. 
  • File Articles of Termination with the South Carolina Secretary of State along with the $10 filing fee. 
  • Cancel business licenses, permits, and close all accounts in the company’s name.

Each LLC is unique. Depending on the nature of your business, there may be additional steps you must take to avoid future problems. Consulting with a Florence & Myrtle Beach business law attorney can ensure you take all steps to legally dissolve your LLC. 

Start with Your Operating Agreement

Your LLC’s operating agreement may include specific requirements for dissolution that you must follow. These might include voting thresholds requiring unanimous consent or a supermajority, notice periods that must be given to members before a vote, specific procedures for winding up business affairs, and distribution priorities for remaining assets. 

Following these provisions protects you from claims by other members that the dissolution was not properly authorized. If your LLC has no operating agreement, South Carolina’s default statutory rules will govern the process.

Filing Articles of Termination

To formally terminate your LLC’s legal existence, you must file Articles of Termination with the South Carolina Secretary of State. The filing fee is $10. You can file online through the Secretary of State’s Business Filings website, by mail, or in person at the Columbia office.

The form requires your LLC’s name as it appears in state records, the date your articles of organization were originally filed, the date of dissolution, confirmation that the company has wound up its business affairs, and an authorized signature. Processing typically takes about two business days.

Common Mistakes That Can Cost You

Several mistakes can create problems long after you think your business is closed including:

Not paying outstanding taxes tops the list. Unlike many other states, South Carolina does not require an LLC to obtain a tax clearance certificate when voluntarily dissolving a business. However, you should file all required tax returns and pay any outstanding taxes before dissolving an LLC. 

Ignoring creditors creates another common problem. You should notify known creditors about the dissolution and provide a reasonable deadline for submitting claims. Failing to properly notify creditors can result in personal liability for LLC members under certain circumstances.

Keeping accounts open after dissolution exposes you to risk. Close bank accounts and credit lines in the company’s name. Cancel business licenses and permits to avoid renewal fees and compliance obligations that continue to accrue.

Failing to retain records can haunt you later. Keep all business records, including dissolution documents, for at least seven years. These may be needed for tax audits or to resolve future disputes.

What Happens If You Simply Walk Away

If you abandon your LLC without proper dissolution, it remains active in state records. The Secretary of State may eventually administratively dissolve the LLC, but this comes with penalties. You remain exposed to potential lawsuits filed in the company’s name, and ongoing tax obligations continue until properly terminated. Taking the time to dissolve correctly protects you from these lingering liabilities.

When You Should Work with a Myrtle Beach & Florence Business Attorney

While simple single-member LLCs can often be dissolved without an attorney, complex situations benefit from legal guidance. Consider working with a business formation attorney if your LLC has multiple members who may disagree about dissolution terms, significant debts or pending litigation, real estate holdings or other complex assets, or disputes among members about distribution of remaining assets.

At Willcox, Buyck & Williams, we have helped South Carolina businesses with formation, operation, and dissolution for over 130 years. Contact our team to discuss your situation and ensure your business closes properly.

Personal Injury Attorney instructing client to sign legal document

What Are Non-Economic Damages?

Posted on

If you’re injured in an accident, you may be entitled to certain damages that aren’t strictly economic. These are known as non-economic damages, and they can help compensate you for the pain and suffering you experience as a result of your injury. 

Non-economic damages can vary depending on the case but may include compensation for physical or emotional damage, loss of consortium, or pain and suffering. If you’ve been injured in an accident, it’s important to understand your rights and what types of damages you may be eligible for. Our South Carolina personal injury attorney goes into more detail about non-economic damages.

What Are Non-Economic Damages And What Do They Include?

Non-economic damages are damages that are not related to financial loss. This means they cannot be easily calculated like medical bills or lost wages. 

Instead, non-economic damages are intended to compensate an injured person for more intangible losses. Non-economic damages may include: 

  • Pain
  • Fear of loss, illness, or injury
  • Suffering
  • Physical impairment
  • Inconvenience
  • Disfigurement
  • Injury to reputation
  • Humiliation
  • Mental anguish
  • Loss of enjoyment of life
  • Emotional distress
  • Loss of consortium (companionship of a spouse)
  • Loss of society and companionship

How Can You Calculate Non-Economic Damages in a Personal Injury Case?

In South Carolina, there is no set formula for calculating non-economic damages. Instead, jurors are given wide discretion to award whatever amount they believe is fair, based on the evidence presented at trial. This can make it very difficult to predict the outcome of a personal injury case, as the jury’s decision may be based on factors that are difficult to quantify. 

However, an experienced personal injury attorney will be able to help you build a strong case for non-economic damages and ensure that you are compensated fully for your injuries.

Why Are Non-Economic Damages Important in Personal Injury Cases?

Non-economic damages are important in South Carolina personal injury cases because they compensate the victim for non-financial losses such as pain and suffering, emotional distress, and loss of enjoyment of life. These types of damages are harder to quantify than economic damages, but they can be just as significant. A personal injury can profoundly impact every aspect of a victim’s life, and non-economic damages help to recognize that fact. For many people, non-economic damages are the most important part of a personal injury settlement or verdict. They provide a measure of justice that is difficult to put a price tag on.

How Can an Injured Person Ensure That Their Interests Are Protected When Pursuing Non-Economic Damages in a Personal Injury Case?

When pursuing non-economic damages in a personal injury case, it is important to take steps to protect your interests. This includes keeping detailed records of the ways in which your injuries have affected your life and working with an experienced personal injury attorney who can help you build a strong case for compensation. By taking these steps, you can increase your chances of recovering the full extent of the damages that you are entitled to.

If you have been injured due to another person’s negligence, you may never be made whole, but we can help minimize the financial impact your injuries may cause. Contact us today for a free consult.

Moving Truck on the Road

What Happens if I Was Hit by a U-Haul With No Insurance in South Carolina? Who is Liable?

Posted on

Every year, thousands of people opt to use self-service trucks like u-hauls to move into new homes, complete projects, and much more. While services such as u-haul may make the process less expensive, most drivers are not experienced in driving commercial vehicles. As a result, accidents can occur. So, what happens if a u-haul driver hits you with insufficient or no insurance? Our South Carolina car accident attorney can help evaluate your case and determine if you may have a claim and how to pursue it.

Accidents With Moving Trucks Can Be More Severe 

Unfortunately, because of the scale and weight of many commercial vehicles, they have the potential to do a lot of damage. Moving trucks also have more blind spots than your average vehicle, and many U-Haul drivers are inexperienced at driving commercial vehicles. As a result, an accident involving a u-haul can cause a lot of damage, and injuries can be significant. 

So, what recourse do you have if a u-haul hits you? U-Haul and similar companies typically require proof of insurance before they allow a person to rent their vehicles. However, this does not guarantee that the driver’s insurance will have sufficient coverage if an accident does occur. A person may also be insured, but their insurance coverage may exclude operating a commercial vehicle. If you are faced with this situation, you may have other options.

File an Uninsured Motorist Coverage Claim

South Carolina law requires that every driver carry uninsured motorist coverage for personal injuries and related damages of $25,000 per person, or $50,000 for all people, per accident. This is the minimum required coverage, and you can also purchase more coverage. An uninsured motorist coverage claim can cover your medical expenses, lost wages, and pain and suffering (up to the coverage limit). 

If you are injured or you suffer property damage from a U-Haul driver with inadequate coverage, you may be able to file an uninsured motorist claim to cover your losses. You may even be able to stack insurance coverage across multiple policies. An experienced attorney can help you evaluate if this is possible.

File an Underinsured Motorist Coverage Claim

A second option that may be available is filing an underinsured motorist coverage claim. This insurance is similar to uninsured motorist coverage. The difference is that it could pay what remains uncovered of your injuries and property damage if the at-fault driver does not have enough insurance to cover these items. Although insurance companies are required to offer drivers this type of insurance coverage, they are not required to buy it in South Carolina.

You should be aware, however, that you can only recover damages through either underinsured or uninsured motorist coverage. This can be confusing, and having a knowledgeable attorney on your side can be invaluable. 

Speak With an Attorney Right Away  

You should contact a lawyer for advice if a u-haul driver has hit you with insufficient or no insurance. The sooner the better. You have a limited amount of time in which you may be able to file a claim in South Carolina. The statute of limitations for these types of claims is three years, with some exceptions. 

Our firm knows how to protect your rights and deal with insurance companies. Contact our office today for a free consultation.

Person signing legal documents

What is a UCC filing?

Posted on

The Uniform Commercial Code (UCC) governs commercial transactions between a debtor and a secured party. It is not federal law. Instead, it is uniform laws adopted at the state level. S. C. Code of Laws Title 36, Article 9 contains the laws adopted in South Carolina. 

A UCC filing is a security instrument used by lenders. It creates a lien on a borrower’s assets. The collateral may be one item or a group of items. Lenders file UCC Financing Statements (UCC-1) to notify other parties that the lender has a security interest in the property described in the UCC filing. 

Many types of assets can secure a UCC filing. According to our South Carolina corporate lawyers, assets that might be pledged as collateral using a UCC filing include:

  • Inventory
  • Real estate fixtures
  • Letters of credit
  • Accounts receivable
  • Household furnishings
  • Office equipment and fixtures
  • Heavy machines and commercial equipment
  • Operating equipment 
  • Investment securities
  • Vehicles
  • Bank or trade accounts
  • Other tangible assets used or owned by a business

A UCC filing does not impact the operations of a business unless it wants to borrow additional funds. Lenders may not want to “get in line” behind another creditor who holds the first position for secured collateral. 

A UCC statement may create a lien on a specific asset. However, a “blanket UCC” creates a security interest in all of a company’s assets. As a result, a blanket UCC statement could make it much more difficult for a company to obtain additional loans and lines of credit until the UCC is canceled, satisfied, or expires. 

UCC statements are valid for five years. However, filing a UCC-3 statement extends the UCC filing for an additional five years. 

Where Are UCC Statements Filed in South Carolina?

UCC filings may be filed against a business or a person. The Secretary of State’s Office handles UCC filings throughout the state. Filings may be submitted online, by mail, or in person. In addition, the public may search the UCC filings through the Secretary of State’s Office. 

Some UCC statements should be filed with the Secretary of State and the county offices. The county of filing would be the county of residence for the debtor or the county where the secured property is located. 

The types of UCC filings that should be filed with both the state and county offices include:

  • Tax liens
  • Real estate fixtures
  • Mineral rights
  • Timber 

Failing to file your UCC statement with the correct government office could make the UCC unenforceable. 

UCC statements are a “first come, first secured” lien. In other words, the lender who files the first UCC statement holds priority for the secured collateral. Therefore, it is essential to submit a correctly completed UCC statement to the required office as soon as possible after the debt is created.

Contact Our South Carolina Business Attorney for More Information 

You do not need a lawyer to prepare and file a UCC statement. However, seeking legal counsel from an experienced South Carolina Business lawyer can ensure the UCC is prepared and filed correctly. Mistakes could make the UCC filing unenforceable, which limits your options for collecting a bad debt. Get in touch with our office today for a free consultation.

Injured man meeting with attorneys

Are Slip and Fall Injuries Covered by Homeowners Insurance in South Carolina?

Posted on

Injuries incurred in premises liability cases can be significant. Luckily, most homeowners’ insurance policies cover slip and fall injuries. As a South Carolina slip and fall accidents attorney, I created some basic understanding of how your homeowner’s insurance can cover slip and fall injuries if they were to occur.

Understanding Basic Homeowners Insurance 

Your homeowner’s policy covers four traditional areas:

  • Your home’s physical structure
  • Your personal belongings inside the home
  • Liability protection
  • Coverage for additional living expenses

The primary focus here is liability protection. Most homeowners are unaware of whether a claim or a defense of a claim will be covered should a slip and fall occur on your property.

Common Liability Claims

There are many types of liability claims protected under a homeowners insurance policy. But the most common are:

  • A guest slipping and falling
  • Tree branches fall and cause damage to your neighbor’s property
  • Dog bites

Whether any of the most common liability claims happen, your homeowner’s insurance will provide liability protection and legal defense.

Liability Protection 

Liability is legal protection for you in case of lawsuits for bodily injury or property damage that you or your family members cause to other people. Liability protection also provides no-fault medical coverage for a slip and fall injury. Be aware that the amount of medical coverage is based on your policy limit and will not surpass that. Also, note that it does not pay your own family or pet’s medical bills.  

Legal Defense 

If someone were to slip and fall on your property, your homeowner’s insurance would pay for your legal defense when a liability claim is held against you or damages. For example, if you forget to shovel your driveway because of snow and someone falls and gets injured, your homeowner’s insurance will provide you with an attorney. 

Don’t Wait to Contact

Homeowner’s insurance policies are already too hard to understand and navigate. If you are ever unsure whether your policy covers slip and fall claims, we can provide you with a free review of your policy. Our South Carolina personal injury attorneys are here to help and provide you with a defense. Get in touch with our office today for a free consultation.