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

Civil Litigation Practice Areas:

Automotive Accidents

Every six seconds there is a car accident somewhere in the United States. That adds up to more than 5 million crashes a year. Closer to home, car wrecks in South Carolina kill on average between two and three of our friends, neighbors and loved ones every single day.

The Centers for Disease Control and Prevention calls auto safety a “serious public health problem.” The results of an automobile accident and be extensive including:

✓  Personal injuries
✓  Doctor and hospital bills
✓  Physical therapy and rehabilitation
✓  Scars and permanent disabilities
✓  Car damage
✓  Insurance hassles
✓  Medical forms and paperwork
✓  Lost earnings
✓  Pain and suffering
✓  Wrongful death

We will help you make a bad situation better. We will guide you through the system and not simply resolve you case but resolve it so that the maximum amount goes into your pocket. Just Call 864-242-9997 or use this online contact form. The call is free and confidential. We would be happy for you to come meet with Mr. Childs. That consultation is fee as well. The firm has received an A+ rating from the Better Business Bureau and you have over 30 years of experience working for you.

How We Can Help If You’ve Been in a South Carolina Car Crash.

We understand what you are going through. Sometimes all you need is someone to listen to you. You need somebody who cares. We have over 30 years of legal experience. We know that injury claims are about more than money. They are about people. Respect, compassion and care are what you can expect from the entire office.

We have handled all types of accidents. There is no such thing as a “typical” car crash. Each one is different. Rear-end collisions. Rollovers. Reckless driving accidents. Interstate pile-ups. Wrecks caused by distracted drivers and drunk drivers. Head-on crashes. Tire blowouts. Multi-vehicle collisions. Intersection mishaps. Single-vehicle crashes. Wrecks resulting from car defects. No matter how your accident happened, we know how to take care of you.

We can take the weight off your shoulders. We can help make sure you get the medical care you need. We can refer you to doctors, specialists and therapists. We will work to cut through the insurance red tape and see that your medical bills are paid. We can help get your car fixed and line up a rental vehicle. We will tend to a thousand little details so that you can concentrate on getting better.

We understand insurance law. Dealing with insurance companies is no fun. You might have heard the phrase “deny, delay and defend.” That is the approach many companies take when someone files a claim. You need someone who knows the law and can advocate your rights and interests.

We get results. For example, we have obtained over $10,000,000.00 for our clients.. Please remember that every case is unique. Past results do not guarantee a similar outcome in your case, even if the facts seem almost identical. However, past results do highlight a firm’s experience in serious injury and wrongful death cases. We are ready to evaluate your claim at no cost to you. There is no charge to talk with us about your case, and no obligation to choose us as your lawyers after we’ve talked.

Medicare Regulations Make It Essential to Hire a Competent Car Accident Lawyer

New Medicare reporting guidelines require attorneys, insurers and plaintiffs to report any personal injury settlement or judgment to the Centers for Medicare and Medicaid Services (CMS) in cases where Medicare has made payments or could make future payments for care related to the injury alleged in the claim. Failure to do so could result not only in CMS placing a lien on the award for Medicare reimbursement, but also fines of up to $1,000 per day. More importantly, failure to follow this reporting requirement could void the injured person’s Medicare coverage. Since most people on Medicare are dependent on this coverage, the harsh effect of the coverage being voided is clear.

The new regulations require mandatory consideration of Medicare’s interests when a Medicare beneficiary (or someone likely to be a Medicare beneficiary within 30 months) settles their car accident case for an amount over certain thresholds. These reporting guidelines apply even if you don’t hire a lawyer.

So what does this mean for you? If you are covered by Medicare and you are involved in a car accident, you are at risk of losing your future Medicare coverage if you do not get proper legal advice. Therefore, it is crucial that you hire a lawyer to help you with your claim, whether you hire the Childs Law Firm or someone else.

Talk to a South Carolina Car Accident Lawyer Today. If your life has been shattered by an auto accident, we will help put the pieces back together. Just Call 864-242-9997 or use this online contact form.

Truck Accidents

An estimated 15.5 million trucks travel U.S. roads, approximately 2 million of which are tractor-trailers. Under South Carolina law and federal regulations, these 18-wheelers may be as long as 53 feet and may weigh as much as 80,000 pounds, making these vehicles much longer and heavier than passenger cars and light trucks.

A tractor-trailer’s mass may increase the chances of an accident because it is harder to stop and maneuver, and can make the results of an accident much worse than if a lighter vehicle had been involved. All drivers can appreciate the danger of tractor-trailers. Their size, weight and limited maneuverability create a risk on the road. Often they carry flammable liquids, toxic materials and massive freight. No wonder that in more than 95 percent of fatal car / truck crashes in South Carolina, it is someone in the car who is killed.

If you or someone you know has been in a collision involving a truck in South Carolina, you are entitled to a free consultation with a truck accident attorney. . Just Call 864-242-9997 or use this online contact form. The call is free and confidential. We would be happy for you to come meet with Mr. Childs. That consultation is fee as well. The firm has received an A+ rating from the Better Business Bureau and you have over 30 years of experience working for you.

Causes of Tractor-Trailer Accidents in South Carolina

✓  Tractor-trailer accidents can result when drivers of large commercial vehicles fail to live up to their obligations. Truck drivers are required to have a professional commercial driver’s license and are expected to check their load balance carefully, comply with all federal and state safety regulations and drive in a safe way to avoid injuring other motorists, bicyclists or pedestrians.

Unfortunately, some truck drivers make careless mistakes. These mistakes can cost motorists their lives in a collision with a tractor-trailer.

Some of the top causes of tractor-trailer crashes include:

✓  Driver fatigue. The Federal Motor Carrier Safety Administration (FMCSA) estimates that driver fatigue is a factor in as many as 6,000 truck accidents each year. New hours-of-service rules went into effect in 2013, mandating a break within the first eight hours of driving for long-haul drivers and reducing the average weekly hours from 82 to 70 hours per week. While these changes may help reduce accidents, it is still up to truck drivers to make the safe choice and stop driving when they are too tired.

✓  Speeding. Truckers who exceed the speed limit are more likely to lose control of their vehicles, roll their vehicle or be unable to stop in time to avoid hitting another vehicle. Speed-related accidents include not only crashes where a driver breaks the posted limit, but also wrecks where a tractor-trailer driver goes too fast for road, weather or traffic conditions.

✓  Distracted driving. Drivers who are on a cell phone, sending a text message, watching a video or using in-vehicle controls are as much as 4 to 23 times more likely to cause an accident. Any activity that causes a driver to look away from the road may significantly increase the chances of a devastating tractor-trailer accident.

✓  Unbalanced loads. When a tractor-trailer is improperly loaded or a driver fails to balance the load, this can increase the risk of an accident. Rollover accidents are especially common with improperly loaded trucks or when improperly secured freight shifts in transit.

✓  Jackknife accidents. Jackknife accidents happen when the trailer slides out to the side of the tractor, potentially causing serious injury to motorists in the path of the jackknifing vehicle.

✓  Under-ride accidents. Under-ride accidents are among the most dangerous of all tractor-trailer crashes and occur when a car slides underneath the trailer. South Carolina Code Section 56-5-4070 imposes a mandate on most large trucks, including tractor-trailers, to use under-ride guards to prevent these deadly types of accidents.

✓  Mechanical failure or vehicle defects. Tractor-trailers must be maintained according to guidelines set forth by the FMCSA. Trucks have many parts, such as air brakes, that are prone to failure without proper maintenance.

✓  Blind spots. Tractor-trailers have large blind spots, and truck drivers need to account for them. Truck drivers must check carefully for other motorists before turning or changing lanes.

✓  Poor driver training. There is a shortage of professional truck drivers in the United States, and this is causing some companies to employ drivers who lack sufficient experience to safely operate large tractor-trailers.

Responsibility for a Tractor-Trailer Crash in S.C.

The truck driver who was operating the vehicle may be considered legally responsible for a crash that results from his or her negligence. The trucking company that employed the driver may also be held responsible for the accident. A trucking company may have more money and more insurance to pay for the serious injuries that tractor-trailer accidents can cause. The employer may be held responsible either for the actions of its employee (who acts as the company’s agent) or because of the company’s own negligence, such as having poor hiring policies.

Other potential defendants may include the company that owned the cargo, the company that maintained the truck, the manufacturer of a faulty truck or component, and agencies responsible for road design and maintenance, among others.

Hurt in a Truck Accident? Talk to us Today!

Motorcycle Accidents

Motorcycles represent fun and freedom – but sometimes they cause serious injury and death. In a recent eight-year period, more than 34,000 motorcyclists were killed and another 1.2 million were badly injured in crashes nationwide. This happened while deaths from other types of traffic accidents were declining. Have you been in a South Carolina motorcycle accident? Has someone you love been killed while riding a motorcycle? Do you have questions about filing an insurance claim, paying medical bills or recovering financial compensation?

Our South Carolina personal injury attorneys at Childs Law Firm can help you through the confusion and strain that follow a serious motorcycle accident. Respect and compassion are what you will get from our lawyers and staff. Since 1968 we have helped injured people like you recover not just the money and benefits they deserve, but also their lives.

Let us help you, too. Just Call Childs Law Firm. You can reach us at 864-242-9997 or fill out this online contact form for a free case review.

Motorcycle Accidents in South Carolina

South Carolina is filled with biking enthusiasts – especially during events like Bike Week at Myrtle Beach. Unfortunately, more motorcycles on the road mean more accidents as well.

Each year, around 100 bikers are killed in South Carolina accidents, and many hundreds more suffer severe and disabling injuries. The highest death and injury rates are among young motorcyclists ages 20 to 24. Although motorcycles make up only a small fraction of all vehicles on the road, they are involved in more than 1 in 10 traffic accidents.

A South Carolina motorcycle wreck can result in:

✓  Leg and foot fractures
✓  Other broken bones
✓  Damage to internal organs
✓  Severe cuts and lacerations sometimes called “road rash”
✓  Traumatic brain injury
✓  Spine and neck injuries
✓  Paralysis
✓  Wrongful death

Motorcyclists are 35 times more likely to have a deadly accident than drivers and occupants of cars. This is because bikers have high vulnerability and low visibility. Some motorists don’t even see an oncoming motorcycle until it is too late.

Information on South Carolina Motorcycle Accidents

Determining who was responsible for a motorcycle accident is extremely important. If another driver was at fault, that driver could be required to compensate you for all medical bills, lost wages, pain and suffering, emotional distress and other losses related to the accident. Our South Carolina motorcycle accident lawyers can assist you in gathering the evidence you need to prove the cause of your accident and recover the compensation you deserve.

Statistics gathered by the U.S. Department of Transportation indicate that, in many cases, another motorist is involved in motorcycle accidents.

According to the data:

An estimated 55 percent of motorcycle crashes involved another vehicle in addition to the motorcycle.

When considering only fatal accidents, the percentage of two-vehicle accidents was even higher, with an estimated 90 percent of fatalities occurring in multi-vehicle motorcycle crashes.

In 98 percent of accidents involving motorcycles that resulted in a fatality, the motorcycle riders were the ones who suffered the fatal injuries. Because of the dangers associated with motorcycle riding in South Carolina, it is important to be informed of the safety rules and motorcycle laws that can help protect you.

For more information, check out these pages:

✓  SC Motorcycle Safety Laws
✓  Staying Safe on Your Motorcycle
✓  Motorcycle Licensing
✓  Motorcycle Accident FAQs
✓  Common Causes of South Carolina Motorcycle Accidents

While the cause of South Carolina motorcycle accidents must be determined on a case-by-case basis, there are several factors that are frequently at play in motorcycle crashes. Our South Carolina injury attorneys have provided extensive information on Common Motorcycle Accident Causes, but the most important thing to remember is that in any case where the driver of another vehicle is responsible for causing the accident, he or she could be held liable. If road design, debris or potholes in the road caused or contributed to the accident, the government agency responsible for road maintenance may also be held liable by the injured motorcyclist or his or her family members.

Free Consultation with a South Carolina Motorcycle Injury Lawyer

Are you one of the nearly 8 million Americans who ride a motorcycle? Have you been in an accident – either while riding or as a passenger?

You might be entitled to insurance compensation for medical expenses, lost wages, rehabilitation and therapy costs, prescription drug bills and pain and suffering.

Get a free case review from the Childs Law Firm.. Call 864-242-9997 or use this online contact form for a no-hassle, no-obligation consultation with a personal injury and wrongful death lawyer today.

We will take care of all the details, paperwork and claims forms so you can concentrate on getting well.

raumatic brain injury – also known as TBI – happens when the brain is damaged as the result of a collision or external impact. The harm is internal, and the symptoms can be subtle. For this reason, TBI is sometimes called a “silent epidemic.”

In South Carolina, TBI leads to an average of 1,117 deaths, 2,800 hospital discharges and 11,500 emergency room visits each year.

The leading causes are:

✓  Falls (35 percent of all TBI cases).
✓   Car accidents (22 percent).
✓  Being struck by or against something (11 percent).
✓  Assault (10 percent).

Do You Need a South Carolina Brain Injury Lawyer?

Are you or a loved one coping with TBI in the wake of a car crash or other accident? Worrying about paying medical bills? Struggling to make ends meet?

If your TBI was caused by the negligent or wrongful conduct of someone else, you could be entitled to money for lost income, physical therapy, medical expenses and other compensation. Contact our South Carolina TBI attorneys at Childs Law Firm today. Call 864-242-9997 or use this online contact form for a free case review.

What is Traumatic Brain Injury?

The brain is made of neural networks that send messages throughout the body to control functions such as thinking, seeing, hearing and muscle movement. The soft tissue of the brain is protected by the skull. When the head receives a violent, external jolt – such as in a car wreck – the brain is slammed against the hard bony interior of the skull. This can damage the neurons and impair brain function, resulting in TBI.

No two TBI cases are the same. The effects are often severe. Symptoms can vary depending on the cause, location and severity of the initial trauma.

Often TBI is undiagnosed and untreated. A patient can be sent home from the emergency room after a car accident without anyone – including the treating physician – being aware that a severe internal brain injury has occurred. Not until days or perhaps months later do signs of a serious problem begin to surface.

Nearly 3.2 million adults and children nationwide are living with a permanent disability caused by TBI, according to the Centers for Disease Control and Prevention.

Consequences of traumatic brain Injury can include:

✓  Headaches, including sharp pain in the temples or forehead.
✓  Memory loss.
✓  Difficulty concentrating and maintaining mental focus.
✓  Fatigue, dizziness and vertigo.
✓  Struggling to find the right words for familiar objects.
✓  Feeling overwhelmed by noise or crowds.
✓  Loss of balance and motor skills.
✓  Blurred vision or clouded eyesight.
✓  Difficulty hearing.
✓  Loss of self-esteem.
✓  Depression, anxiety or suicidal thoughts.
✓  Death.

In severe cases, TBI may result in heart attacks, loss of bladder control, seizures, epilepsy, dementia, Parkinson’s disease or Alzheimer’s disease.

Get Help From a South Carolina Brain Injury Lawyer

An estimated 1.7 million people in America – including many South Carolinians – sustain a brain injury each year.

If you or someone you love is a TBI victim, the Childs Law Firm can help you recover the compensation you deserve. We understand the complex medical, legal and emotional issues related to TBI accidents. We can make sure you get the medical care you need. We can help you obtain compensation to cover therapy, rehabilitation and job retraining. We can retain accident reconstruction experts, workplace injury specialists and investigators as needed. We know how to locate all sources of available insurance. We are experienced at going toe-to-toe with insurance adjusters.

If you’ve suffered serious brain injury in a South Carolina car, truck, motorcycle or workplace accident, trust our TBI team to work to get you fair compensation and maximum benefits.

Just call the Childs Law Firm at 864-242-9997 or fill out this online contact form for a free and confidential case evaluation today.

Slip and 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.

Let us help you with your complex legal needs.