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Childs Law Firm, LLC was founded in 2004. Since its inception, the firm has offered quality legal services to the diverse people of Upstate SC.

Importance of Underinsured Motorist Coverage

Numerous clients over the years have informed me that they had "full coverage" when I asked them if they had undersinsured motorist coverage. Sadly many people are confused about their coverages and don't actually have underinsured motorist coverage.

In South Carolina it is mandatory that you have liability coverage of at least $25,000.00 per person and $50,000.00 per accident. It is also mandatory that you have UNINSURED motorist coverage in the same amounts. You have to be offered but are not required to have UNDERINSURED motorist coverage.

Underinsured motorist coverage protects you in case your injuries at the hands of the at-fault driver exceed that driver's insurance coverage. (Also if the at-fault driver is uninsured and your damages exceed your uninsured coverage.)

Most bad drivers have only $25,000.00 in coverage. If they put you in the hospital overnight that is not enough coverage for your damages. That's where you underinsured motorist coverage kicks in and provides compensation for the injuries you sustained up to it's policy limits.

So please check your coverages and make sure you have as much underinsured motorist coverage as you can afford. It's not very expensive since it only has to pay after the policy limits of the at fault driver has been paid. If you are involved in a accident and don't have the coverage we may be able to get it for you if it wasn't offered properly to you.

If you have the coverage and settle with the at fault driver yourself with a standard release you might be giving away your right to a recovery under your underinsured coverage.

If you have multiple cars we may also get your coverages stacked for each car.

If you are seriously hurt in an automobile accident you need a lawyer that cares about you and your case and that does everything possible to maximize the amount of money that actually goes into your pocket and not to maximize the amount that goes into your attorneys pocket while they give away your money to medical providers, health insurance carriers, medicaid or medicare. Lien reductions are time consuming for the attorneys so they are often neglected by attorneys but they maximize what goes in your pocket. That's our job...

Worker's Compensation

South Carolina, like most states, offers financial protection for workers who are injured or killed on the job. The system is called workers’ compensation. Under it, an injured worker can recover medical expenses, lost earnings and disability benefits even if the employer didn’t do anything wrong to cause the workplace accident.

But workers’ compensation laws in South Carolina are detailed and complex. They can be hard to navigate. The right lawyer, who knows how to prove your injury, file the proper paperwork, and win maximum benefits, can make it easier.

If you were injured at work, or if a family member was killed, you are entitled to a free case review from the Childs Law Firm. We can fight for you too. Contact us at 864-242-9997 or fill out this online form for a no-obligation, confidential consultation.

Mediation vs. Arbitration

Hope you are doing well this week! I’m often asked the difference between mediation and arbitration, so I thought I’d touch base with the answer in case you ever need the information for yourself.

The main difference between arbitration and mediation is that in arbitration, a neutral third party hears the evidence and makes a decision. In mediation, the neutral third party negotiates with both sides in the dispute to reach a solution. An arbitrator functions like a judge, whereas a mediator is more like a negotiator.

Here are a few other things to keep in mind:

Once an arbitrator arrives at a decision, the decision is binding on the parties involved whether they agree with it or not.

Arbitration is a good choice in disputes where parties want an objective party to render a fair decision, but they would like to avoid the formality, expense, and time necessary for a trial. It’s also ideal when both parties prefer confidentiality, desire to save time and money, and are okay with waiving their chance of appeal.

Arbitration ends when a decision is handed down. Mediation ends when a settlement is reached or when the parties are deadlocked. Though arbitration has many advantages, it’s wise to consider all your options when facing a legal matter. Should you or someone you love need further guidance or have additional questions, I’m just a phone call away. That’s why I’m here.

Childs Law Firm Explainer Video

Childs Law Firm, LLC was founded in 2004. Since its inception, the firm has offered quality legal services to the diverse people of the Upstate of South Carolina. Our office is located at 20 Center Street, Travelers Rest, SC 29690 . We are a general service law provider with a current emphasis in the following areas:

  • • Automobile Accidents
  • • Civil Litigation
  • • Criminal Defense
  • • Family Law
  • • Mediation
  • • Slip & Fall
  • • Workers Compensation

Slip & Fall Accidents

Accidents that cause injuries at businesses, offices, parks and other public places or private homes may be caused by dangerous conditions that go unrepaired or without proper warnings. If the owners or managers of the property were negligent by creating the problem, failing to fix it or failing to warn about the danger, they may be held liable for an accident victim’s injuries in South Carolina.

The Childs Law Firm helps people throughout South Carolina after slip-and-fall accidents, swimming pool accidents, dog bites and other injuries caused by property owners’ negligence.

Just call the Childs Law Firm. We can help you get compensation to pay the costs of medical bills, lost wages and other losses due to your accident.

Premises Liability in South Carolina

Premises liability law holds that property owners have a duty to make sure that their properties are reasonably safe for those who visit or to warn visitors that a hazard exists. When temporary hazards occur, such as a spill that causes a slippery floor in a grocery store, the owner (or others in charge) is given a reasonable amount of time to fix it.

Property owners who neglect their legal duty may be held liable for the injuries and losses that result.

A premises liability claim may arise from:

✓  Slip-and-fall accidents – Spilled liquids or tracked-in ice and snow can create a slipping hazard in offices, lobbies, retail stores, banks, restaurants and many other public places. Hazardous conditions should be cleaned up as soon as they are recognized, and warning signs should be posted when it is impossible to fix the problem right away.
✓  Obstructed walkways — Trip-and-fall accidents can result from items left in walkways, such as a pallet of products in a store aisle. Cluttered stairwells and tools or equipment left in a hallway are also dangerous. Broken and uneven walkways also pose a tripping hazard.
✓  Falling merchandise or debris — Shelves that have been overstocked or poorly stacked may cause injuries if the items fall onto customers. Construction sites and other work zones also create the potential for a heavy object to fall from above and strike someone below.
✓  Faulty elevators and escalators — Elevators or escalators that are not properly designed, installed and maintained may cause injuries. Elevators that don’t stop flush with the floor and escalators with misaligned steps may create a tripping hazard.
✓  Inadequate security — Apartment complexes, offices, stores, hotels and other public places may be liable for failing to provide enough security if an assault occurs. Sponsors of large events may be liable for accidents caused by too few security officers to control crowds.
✓  Poor lighting — Areas with insufficient lighting make it difficult to see hazards that someone might otherwise avoid. Poor lighting also invites criminal activity.
✓  Playground or amusement park accidents — Rides and equipment must be designed, constructed, maintained and operated safely.
✓  Swimming pool accidents — In addition to a drowning hazard, swimming pools can also be dangerous because of defective drains or water too shallow for diving. A poorly maintained pool with bacteria in the water may make swimmers sick.
✓  Dog bites ­— Dog owners can be held liable for injuries caused when their dogs attack, particularly if the dog has a history of vicious behavior. Dog bites are responsible for about 900,000 emergency room visits each year nationwide, with children particularly prone to injury in dog attacks.

Here are 12 places where slip-and-fall or trip-and-fall accidents often happen:

✓  Public sidewalks.
✓  Private walkways.
✓  City parks.
✓  School playgrounds.
✓  Streets and roadways.
✓  Grocery stores where spills have occurred.
✓  Surfaces covered with snow, ice, water or debris.
✓  Construction sites.
✓  Business lobbies with slick floors.
✓  Office hallways with bunched carpeting or spilled coffee.
✓  Stairs, steps and porches.
✓  Parking lots.

Proving a South Carolina Premises Liability Claim

The plaintiff in a premises liability case must have been on the property legally to claim a duty of safety by the property owner. A trespasser usually cannot pursue a premises liability claim.

A visitor also has a duty to avoid an “open and obvious hazard.” Plaintiffs injured because of a hazard that a reasonable person would have recognized and avoided may see any award of compensation reduced according to how much their own negligence – not avoiding the open and obvious hazard – contributed to their accident and injuries.

Determining these facts requires an investigation by a legal team experienced with South Carolina premises liability claims. The Childs Law Firm has a track record of getting results for clients in South Carolina. Find out how we can help you.

Just Call the Childs Law Firm now or fill out this online contact form to set up a no-cost consultation and claim evaluation. The case review is free and confidential.

Mediation

Mediation provides a method for people with disputes or conflicts to exercise their own choices and discretion and to regain a sense of control over their lives in resolving disputes. It is a means by which you can be an active participant in the decision making process and have direct involvement in the determination of your destiny. Mediation is an informal process in which a trained, impartial third party (a mediator) assists disputing parties in working through and reaching a mutually acceptable agreement regarding their dispute.

During the mediation session, the issues are identified, misunderstandings are clarified, possible solutions are discussed and agreements negotiated. Participation in mediation does not prevent the parties from pursuing other options if they do not reach an agreement. The mediator is not a judge and does not render or impose a solution on either party. Mediation is about finding a solution that works for both parties.

In Greenville County, mediation is required in civil cases in Circuit and Family Court before the case goes to a judge or jury for final disposition. In most Counties in South Carolina Mediation is required or preferred in almost all cases. However, people can mediate most any dispute, even before it goes to court, in addition to Circuit Court types of cases (i.e. contract disputes, injury, etc.) and Family Court cases (property, child custody, visitation and support issues).

The Childs Law Firm also mediates Magistrate Court types of disputes, family disputes, employee/employer, home owner association, property, nuisance complaints, and lawsuits under $7,500. Mediation usually proves less costly and time-consuming than litigation because the mediation process focuses on solutions immediately. The parties need not engage in lengthy court proceedings, etc. In mediation, there are NO attendant costs and exhibit preparation cost.

Conflicts that may take years to resolve in court, can be resolved at a fraction of the cost through mediation. The mediation itself is confidential in that the mediator cannot be subpoenaed into Court to testify as to what was said during mediation. This allows the parties to openly discuss issues without threat of having this information repeated in Court.

Mr. Childs is a certified Circuit Court mediator. He’s been involved in over 1,000 mediations over the past 20 years in Federal Court, Circuit Court and Family Court. Call us today to resolve your dispute.

Auto Accidents & Civil Litigation

Helping businesses and individuals successfully resolve disputes. When legal disputes disrupt your business or personal life, having a committed, knowledgeable attorney to zealously advocate on your behalf brings comfort and peace of mind. The Childs Law Firm represents businesses, families and individuals in litigation, arbitration and mediation. We can help you with all types of general civil litigation in state and federal courts, including:

• Auto Accidents
• Business litigation
• Personal Injury / Accidents
• Property damage
• Insurance claim
• Collections
• Condemnation/Eminent Domain

Put a strong, determined litigator to work for you!

We know your time is valuable. That is why we stress efficiency throughout the process of resolving your disputes. We offer our clients:

Individual attention: When you retain the Childs Law Firm, you receive the care, time and attention you deserve. A more cost-efficient model — We constantly seek ways to cut your costs while maintaining the high level of legal services you expect and deserve.

Integrity: Our trial attorneys provide straightforward, honest answers to all of your questions and ensure you fully understand the litigation process and what to expect as your case moves forward. Our clients rely on us to help them set realistic expectations.

A focus on success: We always have your best interest in mind. If protracted litigation is the only means to achieve the proper outcome, we are ready. If settling your case early on will achieve the optimal result, we take the time to explain why we believe it is in your best interest to settle instead of engaging in lengthy litigation.

Ready for trial: We have the determination, tenacity and skill required to successfully litigate your case when litigation provides the best means of resolving your legal issues. Our professional courtroom demeanor and meticulous preparation gives us an edge as assertive, strategic advocates.

Contact an assertive Greenville, South Carolina litigation lawyer you can trust The Childs Law Firm is located in Greenville, South Carolina and represents clients throughout South Carolina

Family Law

If you are facing divorce, a child custody battle, support problems or any other family law issue, you should promptly seek help from an experienced family lawyer. Working with an attorney is the best way to ensure that your interests and your children's interests are protected during times of change.

The Childs Law Firm has more than 30 years of experience. We serve clients throughout the Greenville-Spartanburg-Anderson area, offering compassionate service combined with aggressive representation in an effort to achieve the best results.

When you are at the center of a divorce or other family law matter, it can be difficult to stay focused. Things can get especially complicated when a dispute arises during the legal process, requiring litigation or another method of dispute resolution.

When disputes include how the separating parents will be handling the children, a guardian ad item is appointed and paid for by the litigants. Other experts may need to be hired to address financial matters. No matter what comes your way, the Childs Law Firm has the experience, drive and steady hand to help you fully protect your rights and interests throughout the legal process.

If you wish to speak to a knowledgeable family law attorney about your divorce or related legal matter, call the Childs Law Firm for help. You can reach our office by calling 864-242-9997 or by filing out the online consultation form. Family law consultations are free.

Coming Home

We are proud to announce that we are "Coming Home" to the Swamp Rabbit Law Building at 20 Center Street, Travelers Rest SC 29690 on November 1, 2021. The reason I say "Coming Home" is that I was raised at 2320 Geer Highway in Travelers Rest. I went to Slater Marietta Elementary School and spent two years attending Slater Marietta High School before joining the first merged Travelers Rest High School and Slater Marietta High School freshman class. I then graduated Travelers Rest High School in 1977 before going to the University of South Carolina for Undergraduate and Law School. So, this is a Homecoming for me.

As some of you might know, last year we purchased the property located at 20 Center Street in Travelers Rest and began renovations. We are just a few doors down from Tandem Creperie and Coffeehouse and Sunrift Adventures. We are nearly directly across the street from the Travelers Rest Branch Sargent Library. This home was built in the 1940's and holds a ton of history. It used to house the teachers when the old TR High School was across the street. You might also know this home to be the old home of area Teacher and Coach Charles Wilkie “Wick” Hart. We did our best to save the integrity and flavor of this beautiful home during renovations from preserving its brickwork and design, saving the hardwood floors and to keeping the original coal basket in the lobby. We also found a lot of interesting things during renovations, from old football helmets and stadium lights and even a used practice bomb. (Probably from Lake Issaqueena in Oconee where there was a practice bombing range during WWII. No explosives were involved.)

Therefore, on November 1, 2021, we will open the Childs Law Firm, LLC at the Swamp Rabbit Law Building at 20 Center Street, Travelers Rest SC 29690 and close our location at 2100 Poinsett Highway, Suite D, Greenville SC 29609. We also have a new mailing address at P.O. Box 1519, Travelers Rest, SC 29690. Our phone number and the meticulous, skilled, aggressive, and experienced help we provide have not changed. We expect to have an opening house sometime next year as the pandemic eases. If you have any questions, please don’t hesitate to reach out. Hope to see you soon.

Let us help you with your complex legal needs.