A Force to Be Reckoned With
Someone recently told me I’ve always been a force to be reckoned with. My dad would have agreed. He used to joke that he hadn’t been able to tell me what to do since I was five years old. My partner says the same thing in a different way – he says that once I get into a fight, I don’t quit.
Never quitting is one of the qualities that makes me a trial lawyer, not a settlement lawyer. What’s the difference? One is looking for a number. The other is building a case. When the defense knows a lawyer is prepared to take the case all the way to trial, the leverage shifts. The focus moves from what the defense hopes the case is worth to what the evidence proves it is worth. As a South Carolina personal injury lawyer, I’ve learned that the strongest results often come from preparing every case as if it will ultimately be decided by a jury.
I recently resolved four major South Carolina injury cases. Five clients who trusted me with some of the hardest chapters of their lives. Together these cases involved ten defense teams, thousands of pages of records, six motions, and countless late nights. These cases involved everything from fraudulent medical billing and a USPS vehicle collision to underinsured motorist disputes and a complex interstate pile-up. What these cases had in common was not the type of injury, the amount recovered, or even the legal issues involved. What they had in common was determination.
In every case, there was a reason someone said it wasn’t worth pursuing, wasn’t worth the fight, or wasn’t worth what the evidence ultimately proved it was worth. I disagreed.
When a client hires my firm to handle their case, the defense is not dealing with a lawyer looking for a quick settlement. They’re dealing with someone who is going to uncover the evidence, understand the law, and push the case until they get the best result possible.
Follow the Evidence: South Carolina Fraudulent Medical Billing Case
In Calhoun County, I represented a client who simply wanted something he was entitled to under South Carolina law - a copy of his own medical records. What should have been a routine request quickly became something much more.
When the provider refused to produce the records, I knew there was more to the story. Rather than accept vague explanations or bureaucratic roadblocks, I followed the evidence. To obtain the records, I filed suit under the South Carolina Physicians’ Patient Records Act. The defense fought us at every turn, filing motions to dismiss and attempting to stop the case before it could move forward. I refused to take no for an answer and successfully defeated those efforts.
Once I finally obtained the records, new questions emerged. The billing practices didn’t make sense. Instead of stopping there, I kept digging.
I subpoenaed the provider’s contract with our client’s health insurance company. That document became the missing piece of the puzzle. It revealed a practice of requiring patients to pay deposits as a condition of admission and then retaining those deposits even when the patient’s insurance ultimately paid one hundred percent of the treatment costs.
The deeper I looked, the more evidence I uncovered. During the company’s Rule 30(b)(6) deposition, its corporate representative admitted the practice was “wrong” and acknowledged that it took advantage of vulnerable patients seeking treatment.
What began as a simple request for medical records evolved into uncovering a fraudulent billing scheme. The records led to the billing practices. The billing practices led to the insurance contract. The insurance contract revealed the truth.
Ultimately, the case resolved at mediation for a confidential amount of compensation.
Control the Timeline: USPS Vehicle Collision Claim
A motor vehicle collision involving a United States Postal Service vehicle presented a different challenge. The biggest obstacle wasn’t liability. It was delay.
Anyone who has dealt with the federal government knows that things rarely move quickly. After presenting a settlement demand, I waited for a response. When the government failed to respond within the statutory timeframe, I had a choice: continue waiting and allow the claim to linger indefinitely or take control of the timeline. I chose action.
Rather than tolerate delay tactics or allow the case to stall, I filed suit in federal court. That decision changed the dynamic of the case. Suddenly, deadlines mattered. Discovery could begin. The government could no longer simply let the claim sit unanswered. By taking a proactive approach and keeping the pressure on, I forced the case to move forward.
Shortly thereafter, the case resolved for more than double our client’s medical expenses. Once litigation began, the government could no longer dictate the pace of the case.
Don’t Back Down: South Carolina UIM Insurance Claim
My client suffered serious injuries when another driver attempted to cross multiple lanes of traffic without a clear view of oncoming vehicles. The at-fault driver’s insurance company quickly recognized its exposure and paid its policy limits.
As is often the case, the at-fault driver carried only minimum liability limits – far too little to fully compensate my client for the injuries she suffered. Anticipating this possibility, my client had purchased underinsured motorist (UIM) coverage to protect herself. She trusted her insurance company would be there when she needed it. When the time came, it wasn’t.
My client’s insurance company refused to pay what the claim was worth under the UIM coverage she had purchased. At that point, I had a choice. I could accept the insurance company’s position and encourage our client to take less than full value, or I could keep fighting. I chose to keep pushing.
I filed suit and began building the case for trial. During the defendant driver’s deposition, she admitted that the collision would never have occurred if she had simply waited until she had a clear view of oncoming traffic before crossing the roadway. That testimony changed everything. Faced with the reality of the evidence and the prospect of defending its position before a jury, the underinsured motorist carrier increased its offer five-fold.
Know the Law Inside and Out: Interstate Crash and UM/ UIM Coverage Issues
In Newberry County, two clients were injured in a multi-vehicle collision on I-95. After coming to a complete stop, they were sandwiched between multiple vehicles as a chain-reaction crash unfolded around them. The force of being rear-ended pushed them into the vehicle in front of them, and additional impacts followed as more vehicles piled into the wreck.
Cases like this are won and lost in the details. From the beginning, I approached the case from every angle. I filed suit against all potentially responsible drivers and dug into the complex insurance issues that followed. Several witnesses reported that the lead vehicle had stopped abruptly for no apparent reason. Our investigation revealed that vehicle was uninsured, triggering our clients’ uninsured motorist (UM) coverage. This defendant also hired separate counsel to protect his personal assets, adding another layer of complexity to an already difficult case.
The legal challenges didn’t stop there. Two defendants failed to file an Answer and were held in default. Another defendant failed to appear for her deposition, forcing her insurance company to confront our motion to strike its pleadings. The remaining defendants pointed fingers at one another while I focused on identifying every available source of recovery and every legal advantage available to our clients.
The case involved layered uninsured and underinsured motorist coverage issues, multiple insurance carriers, and complicated questions regarding offsets and credits. These complicated legal issues can dramatically affect the outcome of a case. Knowing how the rules work and how to use them to our client’s advantage, can mean the difference between an average result and an exceptional one.
At every stage of the litigation, I faced a swarm of defense lawyers representing competing interests. I remained focused on the law, the facts, and the opportunities each development created. I prepared the case for trial, walked away from mediation when the offers were inadequate, and continued pushing forward.
Because I understood every angle of the case and refused to leave any opportunity unexplored, our clients recovered from every available insurance policy. One client’s recovery totaled approximately five times their medical expenses. The other client’s recovery totaled approximately twelve times their medical expenses.
Following the resolution, one defense attorney told me,
“I must admit, you got an excellent result for your clients.”
I appreciated the comment because it came from someone who understood exactly how hard the case had been fought.
Four cases. Five clients. Ten defense teams. Different facts. Different injuries. Different legal issues. What remained constant was the approach. Follow the evidence. Control the timeline. Don’t back down. Know the law inside and out. Those principles aren’t marketing slogans. They’re how difficult cases get won.
Whether the challenge was a hidden billing practice, government delay, an insurance company refusing to honor the coverage it sold, or a complex web of liability and insurance issues, the objective remained the same: put our clients in the strongest possible position and refuse to accept less than the case was worth.
Years ago, on the eve of a lengthy trial, defense counsel called me at home and asked, “Why are you doing this?” The answer is the same today as it was then – because, when I accept a case, I commit to seeing it through until my client gets the best possible result. Whether that means uncovering evidence a defendant hoped would remain hidden, forcing action when delay becomes a strategy, challenging an insurance company that refuses to honor its obligations, or navigating complicated legal and insurance issues, I do the work necessary to put our clients in the strongest possible position.
Whether a case involves a car accident, disputed insurance coverage, a commercial defendant, or complex litigation, my approach remains the same: prepare every case thoroughly, understand every legal issue, and position my clients for the strongest possible outcome.
At Palmetto State Injury Lawyers, we represent injured people throughout South Carolina and are prepared to take difficult cases all the way to trial when necessary.