One of the more common items that one sees on the highways of the Charleston area is the proverbial U-Haul or Ryder truck. These vehicles are usually being driven by an Average Joe or Jane as they move their belongings to a new home or apartment. The service provided by Third Party moving compan...
The holidays are perceived by most people as a time that families unite, become one in spirit, and experience unbridled joy and exuberance. Unfortunately, the fact of the matter is that the Christmas season is one of the most active times of year for Family Law attorneys in Charleston, South Caro...
The first article of this series addressed the legal theories that may apply to a situation where a child is injured when on the private property of another person as a social guest (licensee). If you remember from that article, the main point is that several legal theories may apply depending up...
In this article, I am going to address an issue that seems to come around quite often during the holiday season. That is the issue of injuries to children and minors while they are visitors in the homes of persons who are not their parents. This type of personal injury case becomes very prevalent...
It still happens all too often. You are lawfully operating your car and minding your own business . . . Youve worked a double shift today, its 11:00 pm on a Saturday night and you just want to get home and get some rest. You approach an intersection, you have the green light and then, suddenly ...
In any negotiation with an insurance company concerning a personal injury settlement, it is incumbent upon you and your personal injury lawyer to know how to respond to a low initial settlement offer and craft an informed and firm counteroffer. The amount of time it takes to receive an initial ...
The demand letter is an explanation of exactly what happened in the accident and the harm that the accident led to for the plaintiff. The letter should discuss the injuries sustained by the plaintiff, in detail, and lay out all the expenses associated with the injury claim. If there are contin...
I am going to deviate from my normal substantive articles about the law and delve into a question that I am asked a lot by potential clients when they walk into my office . . . Who Is The Best Car Accident Attorney in Charleston? To say that is a loaded question would be a vast understatement. ...
Finding a car accident attorney in South Carolina is quite easy on the surface. Daily you are bombarded with advertising in the form of television ads, billboards, and radio ads from multiple personal injury attorneys wanting to show you the money. These ads are usually produced by larger perso...
The most obvious answer to the above question, and the answer you will get from most people, is that you should hire an Auto Accident Attorney if your auto accident involved any type of injury for which there are medical bills and expenses. Though that is generally true, there are many other cons...
Though most of us treat driving as an activity akin to blinking or breathing, operating a motor vehicle is fraugth with may dangers, most seen and some unseen, that can have catastrophic effects upon an individual involved in an auto accident. The most ignored yet financially devastating dangers ...
I recently was involved in a matter that involved a father denying visitation of his children from his ex-wife. The devil is always in the details, but in a nutshell, the ex-wife was granted standard visitation by the Family Court with alternating holidays. The father somehow became convinced (wi...
WHAT ARE DRAM SHOP LAWS? Dram Shop Laws, as they are known, are statutes and case law that have been established throughout the United States over the course of the last few decades whereas a business (most likely a bar or a restaurant), can be held liable for injuries suffered by the victim o...
The legal analysis involved in determining liability and damages for a motorcycle accident mirrors that of accidents involving passenger cars. The is the negligence of an at-fault driver, negligence which causes an accident to occur, an accident to causes injuries to be suffered by an innocent dr...
The loss of a family member or a loved one can be very difficult under any circumstances. However, nothing can compare emotionally to the unexpected loss of a loved one that is the result of an accident caused by the reckless and negligent actions of an at-fault third party. Beyond the obvious em...
One of the more common trends that we see in the recent practice of family law is the wishes of step-parents to adopt step-children. The most obvious reason for this is that a previously divorced parent is bringing a child / children into the new marriage. Another common fact pattern if for the n...
Ever wonder why commercials from insurance companies are so warm and fuzzy. Whether you employ a duck that talks like Gilbert Godfried, or you hawk the Discount Double Check with Aaron Rodgers, or you have Peyton Manning shilling for your company while he eats his Chick Parm sandwich, these com...
In the aftermath of a car accident, it is important to protect yourself from others attempts to pin liability on you. It is important to never admit to anything and try an keep contacts with the other driver limited to an exchange of information and personal small talk. The preservation of your p...
One of the effects of divorce is that one, if not both parties, will experience a dramatic shift in their personal economics. Instead of having the security of a two income household that helps offset the payment of bills, food, and child care, their are now two separate households operating inde...
If you are approximately my age (41), give or take a few years, then you have probably seen Jerry McGuire. This movie stars Tom Cruise and Cuba Gooding, Jr. In the movie, Cruise plays the title character (McGuire) who works as a sports agent. The movie details how Jerry McGuire sort of had a fa...
It is like any other normal day. Work has been stressful, the kids have soccer practice, and you still havent decided what to make for dinner. Your mind wanders as you wait for the green light and then, out of nowhere . . . Wham!! In an instant, your world has changed. Your car comes to rest and...
One of the more common yet complicated matters that come up in a divorce is how to value a small business. Everything from the type of business (services vs. sale of goods), the business structure (corporation, LLC, or sole proprietorship), and the liquidity of the business (is the business the...
This article will work backwards from the premise that the natural parents of any child still retains parental rights over a child until such rights are voluntarily surrendered or there is a finding by a Family Court in South Carolina that the parental rights should be terminated with cause. More...
The State of South Carolina is still one of a few states that recognizes the doctrine of Common Law Marriage. Often when I am asked about common law marriage, clients speak of it as if it is some type of marital Bermuda Triangle that is a hybrid of romance and mystery. The fact is, from a legal...
This article will explore a situation that I often encounter once a Divorce or Separation has taken place and the Family Court has entered a final Child Support order. It usually goes like this. Parent A has received custody of the child and is entitled to receive $300 a month in child support fr...
Attorney Jay McMillian operates a solo practice with an emphasis on two core principles. First, to provide competent legal advice in the areas of Auto Accident and Personal Injury Law to the people he is proudest to serve, the people of the South Carolina Low Country. Second, to provide the most personal and intimate service to each and every client and give them the attention and compassion that they deserve while going through the stress and strain of negotiating or litigating an injury claim. If you live in Charleston, Summerville, Mount Pleasant, Goose Creek, James Island, Walterboro, Moncks Corner, and you or someone you love has been injured by the negligence of another, please call Jay at The McMillian Law Firm today.
