Columbia-based Goings Law Firm, LLC, through the work of attorneys Robert Goings and Jessica Gooding, recently obtained one of the largest civil settlements in South Carolina history. Our client, a South Carolina highway worker, was seriously injured in an accident caused by a habitual drunk driver in 2018. After deliberating for just three hours, the jury returned with a verdict, awarding our client a staggering $12.5 million in damages.
The $12.5 million in damages consists of $3.5 million in actual damages and $9 million in punitive damages, which are designed to punish a defendant for excessively reckless behavior.
Back in 2018, our client was traveling northbound on Interstate 77 as part of a caravan of construction vehicles, clearing construction debris from the highway, when a Columbia-based attorney rear-ended our client’s truck. At the time of the accident, our client’s truck actually had flashing, lighted signage on the rear of his vehicle, instructing other drivers to keep left.
Our client sustained injuries to his neck, shoulders, and lower back due to the collision, ultimately costing around $380,000 in medical expenses.
We presented evidence that demonstrated the culprit’s liability. He had a staggering BAC (blood alcohol content) of .148 around four hours after the crash. The legal limit is a BAC of .08. This same man had been charged with driving under the influence a total of three times in the past, incurring two DUI’s in South Carolina and another in Virginia. While the defendant’s attorney argued that his past convictions were irrelevant to the case at hand, Goings Law Firm, LLC established that the driver had a dangerous pattern of driving while intoxicated that ultimately led him to severely injure our client.
As part of his closing argument before the jury, Robert Goings stated, “You need to return a verdict that is big enough to make it in the newspaper, to send a message to any drunk driver that is out there that drunk driving is not tolerated in Richland County — that our lives, our families’ lives are worth more than to be endangered by a reckless, careless drunk driver.”
The size of the verdict that Goings Law Firm, LLC was able to obtain for our client was called “unprecedented” by Steven Burrit, the executive director for the South Carolina branch of MADD (Mothers Against Drinking in Driving). Of the verdict, Burrit added, “I can’t recall hearing anything that large in a DUI case. That jury took the opportunity to express just how serious this crime is, and how frustrating it is to see this kind of behavior, which puts all of us at risk.”
Robert Goings indicated that the firm would do everything in its power to ensure that their client was able to collect on the verdict.
Contact Goings Law Firm, LLC Today
If you have been injured in an accident that was caused by a drunk driver in South Carolina, contact Goings Law Firm, LLC today. We have the experience and skills to independently investigate your claim, gather evidence to support it, and aggressively seek the compensation you deserve. With our proven track record of success, you know your case is in good hands when you hire us. Contact us today at (803) 350-9230 for a free case evaluation.
This year, Robert F. Goings of the Goings Law Firm, LLC was named to the 2021 South Carolina Top 25 of all attorney in South Carolina by Super Lawyers. This list includes the best attorneys in South Carolina. Robert F. Goings is the only attorney that practices in the area of personal injury law from Columbia or the Midlands area of South Carolina named to this highly selective and exclusive list of attorneys.
In order to be selected this list of top 25 attorneys, other attorneys that have been invited to Super Lawyer in South Carolina rank the best attorneys statewide for all practice areas. Robert was selected to the Super Lawyer Top 25 best attorney list based on nominations from other lawyers, peer review and result research, and Blue Ribbon review process. This includes peer recognition and professional achievements based on his verdicts and settlements, experience, and honors and awards within the legal profession. For Robert to be the only personal injury attorney from Columbia or the Midlands area of South Carolina is a true testament to the level of quality and skill that you receive when you hire the Goings Law Firm, LLC. It is important to hire the best and most experienced personal injury attorney if you have been involved in a serious personal injury or if a family member or loved one has died due to the negligence of others. It is important to hire a top rated personal injury attorney that is respected both in and outside the courtroom. He has been selected to Super Lawyers continuously from 2017 – 2021, and before that he was named a Rising Stars from 2013 – 2016. Click here to view Robert’s profile on Super Lawyers.
When considering an attorney for your legal needs, we believe it is important to review the Top 25 list complied by Super Lawyers. Click here to view the complete list of Top 25 Super Lawyers in South Carolina for 2021: https://www.superlawyers.com/south-carolina/toplists/top-25-2021-south-carolina-super-lawyers/eb1daa7f2b5068f7127382b1eae924b7
Our amazing workers’ compensation paralegal, Catherine Ashbridge, is a competitive cyclist. After working hard throughout the day protecting the rights of injured workers, she typically spends her evenings and weekends with friends cycling. In fact each month, she logs hundreds of miles on the roads or trails of South Carolina. Many people just like Catherine enjoy biking for pleasure but also a growing number of people commute to work or school on their bikes. More people own bicycles now than ever before, and during the current pandemic, bicycle shops even have a hard time keeping them in stock.
We want to bring greater awareness to bicycle safety. As motorists, we all should do a better job sharing the roadway with cyclists. The safety and well-being of cyclists require motorists to drive with greater care and to keep a proper outlook. Some of the leading causes of fatalities towards cyclists are involved driving distracted, looking at your phone while driving, or driving too fast in residential neighborhoods. In the last 8 years, crashes on South Carolina’s roads and highways have claimed the lives of more than 1100 pedestrians and bicyclists, making our state’s roads among the nation’s deadliest. South Carolina significantly out paces other states for bicycle related deaths per capita.
Our firm has handled many unfortunate cases involving severe and catastrophic injuries, and many times death, as a result of being struck while on a bicycle by a motorist on the roadway. We are proud to advocate for bicycle safety and protect the rights of cyclists in South Carolina. Call us today at 803-350-9230 if we can help you. 🚴🏼♀️🚵🏻♂️🥇🚨🚲🛴🚓🚧⚠️🚦🚐
In South Carolina, the law is designed to protect a person who is injured in a car or truck accident due to the negligence or fault of another. It is important to consult with an attorney to determine the type of losses that you may be able to compensated for following a collision. The purpose is to compensate a victim of property damage, injuries or losses and to put the non-fault party, as near as possible, in the same position that he or she was in before the accident occurred. The ability to recover “actual damages” is what the law permits. In other words, actual damages would be the actual losses and expenses which the plaintiff has suffered because of the at-fault driver’s negligence.
This guide explains the law in South Carolina related to the compensation you are entitled to receive following a collision. The amount of the compensation is tied to the nature, extent and severity of the injuries and damages incurred, and often times an award can be increased if the driver was drunk, impaired, or other circumstances existed other than simple negligence.
Here is a description of the general types of damages that are recoverable in South Carolina if you are a victim of a motor vehicle collision:
Damages Recoverable for Personal Injuries – Medical Bills, Lost Earnings, Pain and Suffering, Loss of Enjoyment of Life, and Mental Suffering
A person injured in a motor vehicle accident that was caused by the negligence of another person can recover actual damages and expenses incurred as a result of the bodily harm. The recovery is based on two types of compensation: (1) economic damages and (2) non-economic damages. Economic damages are things like medical bills, lost wages, loss employment opportunities and non-economic damages would be related to pain and suffering and loss of enjoyment of life.
In determining the amount of compensation for the injuries or loss suffered as a result of a negligent driver, a determination of the amount of damages should include past, present, and future damages. Actual damages for a person who has been physically injured include: medical and healthcare charges related to the injury or expenses incurred for reasonable and necessary medical treatment; pharmacy charges and related expenses; pain and suffering; mental anguish; lost wages due to absence from work, which is the loss of time and income which resulted from the impairment of the ability to work and earn a livelihood, impairment of health or physical condition, the permanency of any injury, any permanent physical scarring; and any other losses which are reflected by the character of the injury.
The recovery of damages for a person who has been physically injured include pain and suffering — both past and future — as well as mental anguish, impairment of health or physical condition, and disfigurement. Pain and suffering compensates the injured person for physical discomfort and emotional response to the sensation of pain caused by the injury itself. There is no definite standard by which to compensate the plaintiff for pain and suffering.
Similar to pain and suffering, but separate, is recovery of loss of enjoyment of life. Loss of enjoyment of life damages are designed to compensate for limitations on the ability to participate in, and derive pleasure from, the normal activities of daily life. In determining the amount of compensation for personal injuries, it is proper to consider past and present aspects of the injury. This would include physical and mental pain and suffering, expenses incurred for necessary medical treatment, loss of time and income which resulted from the impairment of the ability to work and earn a livelihood, the loss of enjoyment of life suffered as a result of the injury, and any other losses which are reflected by the character of the injury.
Very closely associated with pain and suffering and loss of enjoyment of life is recovery for mental anguish. Mental anguish includes: mental suffering, apprehension, shock, fright, emotional upset, stress, humiliation and anxiety, and can be properly considered as an element of damages.
The amount of damages for pain and suffering, loss of enjoyment of life, and mental suffering cannot be exactly measured and is often left to the judge or jury hearing the facts of the case.
The injured party may recover for those future damages that are reasonably sure to result from the injuries. The principle underlying compensation for future damages is that only one action can be brought and, therefore, only one recovery had. It is proper to include in the estimate of future damages compensation for loss of capacity for work or attention to the plaintiff’s ordinary business, future medical expenses, and pain and suffering which will, with reasonable certainty, result.
Vehicle Property Damage – Repair or Value of Vehicle
The amount of damages to a motor vehicle is the difference between the value of the vehicle immediately before it was struck and the value of the vehicle immediately after it was struck. If repairing the vehicle would put it in as good a condition as before the accident, then the measure of damages would be the cost of repair plus any amount by which the value of the vehicle was decreased due to its involvement in a collision. This is also called depreciation.
If the vehicle cannot be repaired, the measure of damages would be the value of the vehicle immediately before it was struck, minus any salvage value. This is referred to as “fair market value.”
Fair market value is not determined by how much you paid for the car or your emotional attachment to it. Fair market value is simply the amount of money a person would pay you to take ownership of the car. Unfortunately, the money that you can receive for a totaled vehicle is not what you may owe on the vehicle or what you think the value of the vehicle should be, but based on the market value of the vehicle of similar make, model, and condition.
Under South Carolina law, any vehicle that has a loss of 75% or more of the fair market value must be declared a total loss. Insurance companies can choose to declare a vehicle a total loss if it has sustained less than 75% of the fair market value or if the fair market value of the vehicle was less than $2000. Vehicles declared a total loss will be marked as “salvage” unless at least one of the following is true about the vehicle: (a) it is marked “non-rebuildable”; (b) it has been damaged less than 75% and has not sustained water or fire damage; (c) the value of the vehicle is less than $2,000; or (d) it has been titled as an antique vehicle.
Loss of Use of a Motor Vehicle
A victim of a motor vehicle collision also may be entitled to recover for the loss of the use of a vehicle during the time that the plaintiff was unable to use it. Actual damages for this purpose may be measured by determining what it would have cost the plaintiff to rent a similar vehicle while the plaintiff’s own vehicle was being repaired. In some situations, damages for loss of use of a vehicle may be awarded even if the plaintiff did not rent a car and even if the plaintiff borrowed a car. However, the plaintiff is required to make all reasonable efforts to minimize the damages, which is referred to as “mitigation of damages.”
Punitive damages are sometimes available to a victim of a motor vehicle collision. Punitive damages are only reserved for cases where the negligence driver was driving recklessly, under the influence, or operating with a conscious disregard for the safety of others. Often times a court can consider awarding punitive damage if an at-fault driver violates a specific safety statute found in the South Carolina Uniform Act Regulating Traffic on Highways, as contained in S.C. Code 1976, § 56-5-10 et seq., such as running a red light or disregard of traffic signs. As discussed below, punitive damages can be the hardest to prove so this remedy is not available in most everyday collisions.
Punitive damages are different from actual damages and are not the same as pain and suffering. Punitive damages are intended to punish at-fault for extraordinary and outrageous misconduct and to prevent the at-fault driver and others from committing similar acts in the future. Punitive damages can only be awarded when conduct of the at-fault driver has been something more than mere negligence. The evidence must establish the acts or omissions giving rise to the collision were grossly negligence, reckless, or willful and wanton, meaning there was a conscious failure to exercise due care or a conscious indifference to the rights and safety of others or a reckless disregard thereof.
To support an award of punitive damages, the court requires proof by clear and convincing evidence that the conduct complained of included a consciousness of wrongdoing at the time of the conduct. Clear and convincing is more than just a preponderance, or greater weight, of the evidence, which requires only proof which persuades you that a party’s claim is more likely true than not true. On the other hand, clear and convincing proof is not as high a standard as the burden of proof in criminal cases, which is proof beyond a reasonable doubt. Clear and convincing proof leaves no substantial doubt in your mind. It means that the evidence is not ambiguous, doubtful, equivocal or contradictory. Convincing means persuading by proof or argument, causing one to believe in the truth of what is asserted. Clear and convincing proof establishes in your mind, not only that the fact is probable, but that it is highly probable. An punitive damage award imposed should take into account (1) the defendant’s degree of culpability; (2) the duration of the conduct; (3) the defendant’s awareness or concealment; (4) the existence of similar past conduct; (5) the likelihood the award will deter the defendant or others from like conduct; (6) whether the award is reasonably related to the harm likely to result from such conduct; (7) the reprehensibility of the conduct, the harm caused, (8) the defendant’s awareness of the conduct’s wrongfulness, (9) and any concealment. Thus, any penalty imposed should bear a relationship to the nature and extent of the conduct and the harm caused, including the compensatory damage award. Secondly, any penalty imposed should take into account, as a mitigating factor, any other penalty that may have been imposed or which may be imposed for the conduct involved, including any criminal or civil penalty or any other punitive damages award arising out of the same conduct.
Without a doubt the best way to fully recover financially for injuries sustained by a drunk driver is to hire the best attorney you can find and not talk with the insurance company representative or adjuster without legal representation. Our firm has the experience and reputation in South Carolina of fighting against drunk and impaired drivers. Our firm works with M.A.D.D of South Carolina (Mothers’ Against Drunk Driving) to ensure that impaired drivers, and those that enable the intoxicated motorists, are punished financially for the injuries and harm that they cause to innocent victims of these crimes.
Injuries Caused by Drunk Drivers Require an Attorney Who Can Secure the Evidence Before it Gets Destroyed.
If you or a member of your family were involved in a motor vehicle collision caused by a drunk or impaired driver, it is important to contact an experienced and respected personal injury attorney without delay. A collision that is caused by drunk or intoxicated drivers can be much more complex, both factually and legally, than an ordinary automobile collision. It is important to not delay in hiring an experienced attorney to ensure that critical evidence is obtained and a thorough investigation is performed prior to important evidence being destroyed or not preserved. In certain cases involving intoxicated drivers, our firm will obtain a full accident reconstruction and hire experts (such as private toxicologists) to prove, as required by law, that there amount of alcohol or drugs consumed would resulted in appreciable impairment of the ability to safely drive. The evidence that needs to be obtained includes evidence related to the types and amount of alcohol or drugs consumed, surveillance videos, police body camera footage, patrol car footage, social media, credit card receipts, and cell phone data. You should never rely on the police or law enforcement to correctly gather this information. Further, it is important to hire an attorney to assist the police and the prosecutor’s office in providing correct victim impact evidence that may be used to prosecute the drunk driver in criminal court.
You May be Entitled to Punitive Damages against a Drunk Driver
Another reason you need a lawyer to help recover for injuries sustained by a drunk driver is the availability of punitive damages. Punitive damages are not the same as money for pain and suffering. Punitive damages are different than pain and suffering, and can result in a high settlement or judgment in your favor. If you have been hit by a drunk driver, the insurance company will most likely attempt an early settlement with you to avoid paying the full amount of damages you are owed, including punitive damages. One of the reasons the insurance adjuster will try to act early to settle a claim involving a drunk driver is because of punitive damages. The insurance adjuster does not want you to learn about your ability to obtain extra compensation in the form of punitive damages. Our firm has as track records of pursuing and winning settlements and judgments against the drunk driver and the insurance company for punitive damages.
Punitive damages are typically available for recovery against a drunk driver if your case is handled correctly. Punitive damages are reserved for cases in which the at-fault driver’s conduct was particularly reprehensible. A court may impose punitive damages when the at-fault driver is acting recklessly or driving while intoxicated which is considered a conscious disregard for the safety of others. There are many factors that are considered in determined the amount of punitive damages, which include:
- The severity of the injuries the victim sustained;
- The degree of reprehensibility of the action which caused the injury;
- The comparative negligence of the injured party (the extent to which the injured party contributed to the accident);
- The ability of the defendant to pay punitive damages.
In order to be awarded punitive damages, an injured party must be able to prove reckless, willful, or wanton conduct by clear and convincing evidence. In South Carolina, the General Assembly as placed limits on the amount of damage awards. If a jury finds that punitive damages are appropriate, it can award an amount up to three (3) times the amount awarded during the compensatory damages determination, or $500,000, whichever is greater. However, these limits or “caps” on punitive damages will be removed entirely if “the defendant acted or failed to act while under the influence of alcohol, drugs, other than lawfully prescribed drugs administered in accordance with a prescription, or any intentionally consumed glue, aerosol, or other toxic vapor to the degree that the defendant’s judgment is substantially impaired.” This “alcohol exception” to the punitive damages cap can result in a large award of punitive damages against a drunk driver.
Drunk Drivers Kill and Severely Injury Innocent People – The Statistics Are Alarming!
Drunk drivers inflict great harm on people in our society and the statistics are alarming. In 2018, there were 10,511 deaths alone from drunk-driving crashes, and 29% of all traffic fatalities were caused directly by drunk or impaired driving as reported by the National Highway Traffic Safety Administration. This is an average of 1 alcohol-impaired driving death every 50 minutes. Sadly, 231 of the deaths from drunk drivers were children ages 14 and under. The rate of alcohol impairment among drivers involved in fatal crashes in 2018 was 3.4 times higher at night than during the day.n 2018 among the 10,511 alcohol-impaired- driving fatalities, 67 percent (7,051) were in crashes in which at least one driver had a BAC of .15 g/dL or higher. Also, 87 percent of alcohol related driving deaths or injuries occurred on non-interstate roads compared to 13 percent on interstate roads, and 56 percent occurred in urban areas whereas 44 percent occurred in rural areas.
The estimated economic cost of all alcohol-impaired crashes (involving alcohol-impaired drivers or alcohol-impaired non-occupants) in the United States in 2010 (the most recent year for which cost data is available) was $44 billion. Included in the economic costs are: lost productivity, workplace losses, legal and court expenses, medical costs, emergency medical services, insurance administration, congestion, and property damage. These costs represent the tangible losses that result from motor vehicle traffic crashes. However, in cases of serious injury or death, such costs fail to capture the relatively intangible value of lost quality of life that results from these injuries. When quality of life valuations are considered, the total value of societal harm from motor vehicle traffic crashes in the United States in 2010 was an estimated $836 billion, of which $201.1 billion resulted from alcohol-impaired crashes.
Hire an Experienced South Carolina Attorney with the Reputation and Skill of Fighting Against Drunk Drivers
At the Goings Law Firm, we stand up for victims who were injured because of a drunk or impaired driver. Let us stand up and fight for you. Making drunk drivers pay are what we are known in South Carolina, so allow us to put our experience and reputation to work for you today. We have a 5 Star rating from our clients, and our firm has been considered one of the most recognized firms in South Carolina in the fields of personal injury and wrongful death as featured in Best Lawyer, Super Lawyers, Martindale-Hubbell, and many other publications that rate attorneys. Call or text us at (803) 350-9230 for a free, no-obligation consultation about your legal rights.
Have you been searching for the top workers’ compensation attorney in South Carolina? There is no list that ranks the “best” attorney for workers’ compensation, but we believe that finding the right attorney to represent you is critical to a successful outcome.
If you have been injured in a work related accident, it is important to hire an experienced workers compensation attorney that can help you get the medical treatment, out of work checks, and settlement for your physical impairment that you are entitled to receive under the law. On the job injuries can be financially devastating if you do not have a qualified attorney protecting your best interests before the South Carolina Workers’ Compensation Commission.
There is no list that ranks the “best” attorney for workers’ compensation, but we believe that finding the right attorney to represent you is critical to a successful outcome. When you are searching for an attorney to represent you in your workers’ compensation claim, here are some tips for you to consider so that you choose the best attorney for your case:
1. HIRE AN ATTORNEY THAT FOCUSES ON REPRESENTING INJURED WORKERS IN WORKERS’ COMPENSATION.
The laws of Workers’ Compensation in South Carolina are unique and often require specialized skill and training to fully understand. We believe it is important to hire a workers’ compensation firm that focuses its practice on representing injured workers. Many lawyers handle a variety of matters, such as real estate, divorce, wills, or traffic court, but the lawyer that you should hire for a workers’ compensation matter should make representing injured workers a top priority. The lawyers at the Goings Law Firm all are trained in workers’ compensation and have considerable experience appearing before the Workers’ Compensation Commission, which makes this firm a great pick for your work accident injury.
2. READ ONLINE REVIEWS BEFORE YOU HIRE A WORKER’S COMPENSATION ATTORNEY.
- Have you taken the time to read reviews of attorneys who handle worker’s compensation claim? We find that online reviews from former clients can be very helpful in picking the best workers’ compensation attorney for your case. You can find reviews on website such as Google, Lawyers.com, and Avvo.com, and we would recommend choosing an attorney with strong recommendations and reviews of former clients. When you read the reviews, understand that not every person can be pleased despite how hard you work or how great the result may be for their case. If you are interested in reading the 5 star and 10/10 reviews about the Goings Law Firm, check out these links: Lawyers.com Reviews, SuperLawyers Reviews, Avvo.com Reviews. The Goings Law Firm is also featured on Expertise.com as a highly ranked injury firm in South Carolina, as shown here.
3. ONE-ON-ONE ATTENTION IS IMPORTANT.
- One-on-one attention to you and your case should be a necessary factor in deciding to hire an attorney. Ask yourself, do you want to retain an attorney that accepts a “high volume” of injury claims, or do you want an attorney who will get to know you personally and doesn’t treat you as just another number? We believe that smaller caseloads make for better attorney client relationship, which often fosters a better outcome for your particular case. At the Goings Law Firm, we provide one-on-one attention to each client.
4. MAKE SURE THE WORKERS’ COMPENSATION ATTORNEY TAKES YOUR CASE ON A CONTINGENCY FEE BASIS.
- How you pay your attorney for an injury on the job is important. The best way for an injured worker to pay for an attorney is through a contingency fee basis. This allows you to hire an attorney without ever paying a penny out of pocket. The attorneys would only be compensated if they obtain financial compensation in your favor, so in essence, the attorney’s fees are only “contingent” on your attorney obtaining a monetary result for you. A contingency fee arrangement allows an injured worker to hire an attorney without costing anything on the front end and the attorney bears the risk, not you. Importantly, contingency fee incentives your attorney to get you the most money possible, because the attorneys’ fees are tied to a percentage of the overall settlement or recovery. Additionally, your attorney should advance all associated legal costs so that you do not incur any upfront charges or bills during the course of your representation. At the Goings Law Firm, we only handle workers’ compensation claims under at contingency basis and our attorney’s fees and costs are always approved by the Workers’ Compensation Commission so you know that you are being treated fairly and not being overcharged.
5. DOES THE WORKERS’ COMPENSATION ATTORNEY HAVE A TRACK RECORD FOR SUCCESS?
- Another consideration in choosing a worker’s compensation is whether law firm has a proven track record for success in court. Often times attorneys have no desire or interest in going to court, and instead take the easy route through opting for a settlement that is less than the value of the case. We refuse to take the “low-ball quick check” approach to helping injured workers. When the insurance company refuses to give proper medical treatment or pay you what your case is worth, we take them to court. If workers’ compensation insurance carrier knows you are willing to take your case to trial, this allows you to resolve the case more fairly and with higher compensation. The Goings Law Firm has a proven track record of winning cases for injured workers before the South Carolina Workers’ Compensation Commission, and we look forward to the opportunity to win your case if you are faced with a serious on the job injury.
6. HIRE A WORKERS’ COMPENSATION ATTORNEY THAT OTHER ATTORNEYS TRUST.
- We recommend hiring a workers’ compensation attorney that other attorneys trust for serious injuries that occur on the job. Asking a lawyer who they would recommend is often a good way to find an experienced attorney. Many of the workers’ compensation clients of this firm are based on recommendations from other attorneys. The Goings Law Firm is a firm that other attorneys routinely trust and hire in representing their clients before the South Carolina Workers’ Compensation Commission.
Robert F. Goings – Top Voted Personal Injury Attorney
When other attorneys believe you are at the Top, it means something! Robert F. Goings was named in the Midlands of South Carolina as the Top Voted attorney in the field of Personal Injury in the 2019 Columbia Business Monthly’s Legal Elite of the Midlands. He was voted to this distinction by other attorneys in the Columbia and Midlands area of South Carolina. It is a great honor to be considered by other attorneys as the Top Voted Personal Injury attorney, and we believe this distinction reflects our firms strong reputation for honesty, hard-work, and dedication to our clients. Robert Goings’ reputation in the legal community as a champion for those who have suffered significant injury or a wrongful death is also reflected in being named to Super Lawyers and Best Lawyers in South Carolina by the U.S. News and World Reports. Being a highly rated and well respected law firm in the field of personal injury, wrongful death, and workers compensation takes many years of excellent results for clients. From serious motor vehicle collision caused by drunk drivers to medical malpractice and nursing home neglect, Robert Goings and his team of attorneys are highly rated by other attorneys in the legal profession. To learn more about the 2019 Columbia Business Monthly’s Legal Elite of the Midlands article can be viewed by clicking here.
5 Tips in Hiring the Best Lawyer for Your Personal Injury, Wrongful Death, or Workers’ Compensation Case
We believe that hiring an attorney for your personal injury case is a very important decision. Hiring the right attorney is critical. If you are looking to hire a personal injury attorney, here are some tips for you to consider so that you choose the best attorney for your case:
1. Be Cautious Choosing your Attorney based on a Billboard or a TV Commercial.
- Be careful if you are choosing an attorney solely based on an advertisement. Many times, law firms or attorneys will plaster their names all over billboards around town or run tasteless or cheesy television commercials. Hiring an attorney should not be based on a silly commercial, gimmicky telephone numbers, or promises for a quick check. Don’t be fooled! Ask yourself, do you want an attorney that is spending time their marketing to new clients on TV with cartoon-like characters and big numbers to call, or do you want a serious lawyer that is working hard for clients in and outside of the courtroom? It is hard to be a fighter in the courtroom if your attorney is too busy filming TV commercials or picking out the next billboard to print. We have found that often times the best attorneys don’t need to advertise. And if they do advertise, the advertisement should reflect high achievements and strong ethical commitments to the representation of injured people. We recommend that you hire an attorney who will treat your case as a serious matter and provide you with the best legal representation possible. The Goings Law Firm strives to set itself apart from silly commercial, gimmicky telephone numbers, or promises for a quick check. Instead, we provide sincere, honest and aggressive representation to people and families faced with serious injury and death.
2. Read Online Reviews Before you Hire an Attorney.
- Online reviews from former clients can be very helpful in choosing the best lawyer for your case. When a former client takes the time to leave a review, it helps people searching for an attorney know what law firm would be best suited for their case based on personality, success, and traits that are important to you. You can find reviews on website such as Google, Lawyers.com, and Avvo.com, and we would recommend choosing an attorney with strong recommendations and reviews of former clients. At the same time, we all know that not everybody can be made happy despite how hard you work or how great the result may be for their case. If you are interested in reading the 5 star and 10/10 reviews about the Goings Law Firm and Robert Goings, check out these links: Google Reviews, Lawyers.com Reviews, SuperLawyers Reviews, Avvo.com Reviews. The Goings Law Firm is also featured on Expertise.com as a highly rated and reviewed personal injury firm in Columbia, South Carolina, as shown here.
3. Consider if you want a “High Volume” Law Firm or an Attorney that You Will Give you One-on-One Attention.
- When you are searching for an attorney, it is important to consider if you want a law firm that accepts a “high volume” of cases or claims or if you want a smaller firm that only accepts a select number of clients. Also, do you want your case or file to be a number or would you rather be represented by an attorney who knows you personally and doesn’t treat you as just another number? Because legal matters can often times be complex and time consuming, we have found that we provide the best representation to our clients when our caseload is smaller and more manageable. When a law firm is does not accept a large number of cases, it it naturally easier to develop a relationship with your attorney and for that lawyer to provide one-on-one attention to each client. At the Goings Law Firm, we strive to provide one-on-one attention to each client. You will not be a just a number at our firm. If you want a “high volume” firm, we would not be right fit for you. We don’t operate with a “settlement mill” or “ambulance chaser” mindset, but with the focus on treating you in the same manner we would expect to be treated.
4. Is The Attorney a Real Trial Attorney with Results in Court?
- Another consideration in choosing a personal injury or wrongful death attorney is whether the attorney has a strong track record in going to court. It is important to know if your personal injury attorney has the trial experience to represent you in court. Often times attorneys have no desire or interest in trying cases even though they label themselves as “trial attorneys.” The Goings Law Firm is truly a team of trial attorney who are not scared to go to court! We refuse to take the “low-ball quick check” approach to representing victims. We go to court when necessary. We have found that if the insurance company knows your attorney is willing to take your case to trial before a judge or a jury, then the defendant or insurance company is more likely willing to resolve the case more fairly and with higher compensation. On the other hand, if the defendant or insurance company knows that the attorney has a reputation of never taking the case to trial, then the the defendant or insurance company has no real incentive to fairly compensate you. The Goings Law Firm has made its reputation in the courtroom with verdict after verdict in favor of our clients.
5. Hire an Attorney that Other Attorneys Would Hire.
- Lawyers in the community typically know which lawyers are the best to hire. Asking a lawyer who they would recommend is often a good way to find a lawyer for your case. The Goings Law Firm represents many clients on the recommendation of other attorneys. In fact, attorneys often times refer clients to the Goings Law Firm in situations where a lawsuit is required to be brought in order to get fair compensation. The Goings Law Firm is a firm that other attorneys hire to assist in representing their clients in complex litigation matter involving personal injury, wrongful death, and on the job workers compensation injuries. In fact, Robert F. Goings was named in the Midlands of South Carolina as the Top Voted attorney in the field of Personal Injury in the 2019 Columbia Business Monthly’s Legal Elite of the Midlands. His honor was based on receiving the top number of votes by other attorneys in the Columbia and Midlands area of South Carolina. We believe that you should hire an attorney that other attorney would hire!
Just 3 weeks ago the economy was booming and Americans were working more than ever. Now with the coronavirus (COVID-19) pandemic, everyone’s security in the workplace is being jeopardized. We have received inquiries from individuals who were hurt on the job prior to the pandemic but for whatever reason they delayed in giving notice of their injury. Maybe they were hoping the injury would get better on its own or maybe they were so busy with work they could not take the time off to treat. Unfortunately, we even hear of individuals that have not reported their accident because they were intimidated, they would be fired for reporting a workers’ compensation claim. Whatever the reason, injured workers find themselves in the predicament of needing to report the injury but now being temporarily laid-off due to COVID-19. The good news is you may be able to still report your accident, even if your company is shutting down for the coronavirus.
One of the essential elements of having a workers’ compensation claim in South Carolina is providing proper notice to your employer of the accident and injury. South Carolina Code Ann. § 42-15-20 provides that an employee has up to 90 days to report an injury. If you recently got hurt while working do not hesitate to report your accident. Your 90-day window runs from the date of the accident. Even if you are not at work currently you can still report your accident through virtual measures. We recommend emailing or texting your supervisor, human resource representative (HR) or owner of the company immediately. Your message or email should contain a few basic elements: date of injury, brief description, list ever body part injured and request medical treatment. Although you can still call in and speak to someone, we discourage using this reporting method by itself as employers and workers’ compensation insurance carriers often deny receiving verbal notice over the phone.
Although COVID-19 may be impacting your life and income immediately, don’t let it impact your ability to seek medical benefits and recovery for your work injuries. Let us help you answer these questions and any other questions you may have with your work injuries. Call us today at (803) 350-9230 to find out if we can help