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Businesses have an obligation to ensure that their property is reasonably safe for customers, however some business owners are negligent and fail to eliminate or warn of hazards that lead to preventable injuries, such as slip and falls.

A business is not the insurer of every guest’s safety. We must prove that the business was negligent in creating a dangerous condition or otherwise failed to remove a dangerous condition after notice.

The Court precedent makes recovery in these cases very difficult; therefore, it is important to consult an attorney immediately to preserve the evidence and be advised before you speak with an insurance adjustor. In the event you provide a recorded statement and are misled by the leading questions of an insurance adjustor, your claim could be barred based upon an erroneous factual basis.

It is essential that businesses be held accountable for negligence when it comes to hazards they are aware of and fail to address.

If you or a loved one suffered injury from slipping and falling at a business and believe your injury was the result of negligence, contact the legal team at Finklea, Hendrick & Blake, LLC to discuss your case. We will work to get you compensation for your personal injury.

The attorneys at Finklea, Hendrick & Blake, LLC have the skills, experience, and staff necessary to promptly and successfully help people who have been hurt at work. South Carolina Workers’ Compensation Act is a no-fault system. If you have been hurt on the job, regardless of whether you were at fault, you are entitled to medical treatment, lost wages, and compensation for any permanent disability. All employers in the state are required to maintain workers’ compensation insurance if they employ four or more full-time employees. Injuries covered are not limited to those caused by a single instance of trauma but also those developed over a period of time such as carpal tunnel, repetitive motion injury, loss of hearing, sight or other senses, lung injuries, hernias, scarring, occupational diseases, and sometimes even heart attacks and strokes.

If you have been injured on the job, immediately contact Finklea, Hendrick & Blake, LLC to discover your rights and gain competent representation. In the event that your employer is not required to maintain Worker’s Compensation coverage, still contact our office if you were injured. There are often other remedies available. Call us now for your FREE consultation.

By: Attorney William J. Edwards

The Magistrate’s Court can be a great resource to the community. The most common issues people think that are heard in this Court are typically evictions, petit crimes and speeding tickets. However, this Court serves a purpose that most people do not know to utilize, which is the Civil Division of the Court that allows people to settle small claims. Magistrate’s Court is a good venue to allow litigants to resolve their civil disputes without the cost and expense of an attorney.

Magistrates have jurisdiction of almost all civil cases when the amount in controversy does not exceed $7,500. The two areas where the Magistrate’s Court does not have jurisdiction is where the state or a governmental entity is a party or when title to real property comes into question. Magistrate’s Court is often referred to as the “People’s Court” because it is a venue where litigants can represent themselves.

Although Magistrate’s Court has the same pleading requirement as in Circuit Court, and it adopts the Rules of Civil Procedure, the Magistrate’s Court rules themselves are designed with pro se litigants in mind. The rules themselves “shall be construed to secure the just, speedy and inexpensive determination of every civil case within the jurisdiction of the Magistrate’s Court. All civil actions in the Magistrate’s Court shall be conducted in such a manner as to do substantial justice between the parties according the rules of substantive of law.”

Our office often refers litigants to Magistrate’s Court. Although we could provide representation, the cost of that representation too many times exceeds the anticipated recovery. In other words, the litigant could end up paying more on attorney’s fees than the recovery. Despite opinion to the contrary, the prevailing party is entitled to recovery of attorney’s fees. Attorney’s fees are only recoverable if provided by a contract or a statute. Only a very few statutes provide for the recovery of attorney’s fees.

Therefore, Magistrate’s Court is well suited for disputes where the monetary recovery is less than $7500. Typically, the time for a jury trial in Magistrate’s Court is substantially less that Circuit Court. Further, the court can provide the litigant with forms to facilitate pro se representation. Additionally, a good resource is a South Carolina judicial branch website. From the homepage, you can quick link to court forms and from the dropdown bar select Magistrate Court Forms. The forms typically needed to initiate a lawsuit are the Summons and Complaint.

Additionally, from that same website under the dropdown link for Trial Courts, you will find the Summary Court Judge’s Bench Book under Magistrate’s Court. The Bench Book is a quick reference guide for the procedural and substantive law on many Magistrate Court matters.

While we never suggest you not contact an attorney for advice or retain an attorney, sometimes is just not practical. If you are uncertain as to whether or not you should proceed with a claim in Magistrate’s Court pro se, with a lawyer or in Circuit Court, please contact our office for assistance. We will help you analyze the claim, and also point you in the right direction. We can also help you identify the appropriate causes of action under which you should sue. In short, Magistrate’s Court is a good venue to allow litigants to resolve their civil disputes if you proceed to represent yourself.

Often, we receive calls regarding eligibility, and the process of applying for social security disability. Going through the process of applying on your own can sometimes be somewhat difficult and frustrating. Here at FHB we can take on that burden for you and assist you with the application process. To better inform you of the social security disability process, we have laid out a few questions that can be answered to start the application process.

Who is eligible for Social Security Disability Benefits?

In order to apply for Social Security Disability, you must suffer from a permanent condition that prevents you from working. Your condition must last or be expected to last a minimum of twelve months, and you must be unable to earn an income greater than $1,000.00 per month. In addition, you must have earned sufficient work credits to qualify for Social Security Disability. This generally means that there must be a consistent work history in which Social Security taxes were paid for a combined five of the last ten years prior to becoming disabled. However, there are exceptions for applicants under the age of 22.

You do not need work credits however if you apply for Supplemental Security Income. Please do not confuse the two programs as they are separate and distinct. If you do not have sufficient work credits, you should consider applying for Supplemental Security Income. This program has other requirements too and we will be glad to help you with questions you may have and your application.

If you need to apply:

The Social Security Administration can provide disability benefits to replace lost income, which can ease your financial burden. However, the Social Security disability system is very complex, and denial rates at the initial stage of the application process are over 60%. In order to increase your chances of prevailing at the appeal process, you should consider retaining an attorney who is familiar with the entire application process and the standard proof required to obtain benefits. Most people who apply for benefits are turned down, and more people win disability appeals with legal representation than on their own.

If you have been denied:

If you have been denied Social Security Disability benefits, you can appeal! The annual number of Social Security Disability applications are at an all-time high. Due to the limited resources of the Social Security Administration and the volume of applications, more than 60% of the initial stage applications are denied. During the reconsideration stage of the appeal, the number of denied applications jumps to 80%. Given those odds, having an attorney experienced in Social Security to advocate your interest and to efficiently and correctly handle your application is extremely beneficial.

Having representation will help you know and understand your options in the case of a denial, facilitate organizing your medical records and paperwork, prepare you and your witnesses, and will have experience with the officers and judges in the area. This process can be overwhelming, and an attorney can help ease the frustration and anxiety of working through your claim.

If you have a hearing scheduled:

If Social Security has notified you that you have a hearing scheduled, you will need to make sure you present your best case initially, which means being adequately prepared and your interests represented at the initial hearing. If you are denied during the initial hearing, an appeal can take months before being heard, and success during an appeal hearing is even more difficult to achieve. We strongly recommend that legal representation be obtained immediately.
Our lawyers will review your Social Security file, prepare your case, obtain necessary records and evidence, advocate on your behalf at the hearing, and question witnesses and medical experts.

If you do not receive benefits, there is no attorney fee!

Attorney Patrick Ford and Susan McGill are the two attorneys at our office that handle these types of cases and the paralegal is Clark Anderson. Contact us now for a free consultation.

Farm accidents are a grim and unfortunate reality of those working in agriculture. Death is often a single mistake away especially considering the multitude of machinery and implements which are utilized on a farm. The likelihood of injury increases based upon inadequate machinery, poor training, and lack of safety. Many traumatic injuries occur with exposure to machinery and especially tractors during maintenance or field work.

Tractor fatalities usually result from tractor roll overs which could often be prevented with roll bars or seatbelts. Another leading cause are injuries involve implements being operated by power takeoff (PTO) or entanglements in machinery belts, chains, gears, crop gathering equipment and moving mechanisms. Many injured agricultural workers are not covered by workers’ compensation since there is a statutory exemption from requiring farm employers to maintain this coverage. Fortunately, many injured persons can find compensation by filing a liability claim. Most of the farmers that Finklea, Hendrick & Blake, LLC has encountered do in fact carry liability insurance.

In agricultural accidents, it is imperative to seek legal assistance immediately. Preservation of evidence is key in these cases and therefore information must be gathered, and evidence documented. An adequate understanding of insurance coverages and the scope of loss which can be claimed is important to maximizing an injured worker’s claim or compensating that person’s family for wrongful death.

We understand the challenges facing injured farm workers. We know the worry and concern when the income stream stops, when there is no health insurance to provide for treatment, and uncertainty of if you will ever be able to return to work again! Rely on our experienced lawyers to navigate and pursue your claim.

Finklea, Hendrick & Blake, LLC is proud to announce that we have been voted as Best Law Firm in the Morning News’ 2021 “Best of the Pee Dee” Contest! It is an honor and a privilege to be recognized for the fourth year in a row by our clients and community! Thank you for this humbling honor and your votes!

In appreciation for the recognition, our firm would again like to give back to the community that has embraced our vision for delivering superb legal representation at affordable rates in a timely and professional manner. In celebration and appreciation of being voted Best Law Firm for a 4th year in a row, this year we will donate $4,000 to 4 groups of charities for a total of $16,000 in the next couple of months!

Finklea, Hendrick & Blake is committed to exemplary representation of our clients by hiring experienced staff members that excel in their practice areas to make each case run as smoothly as possible. Additionally, our firm utilizes what most in the industry would consider the best legal software available. This technology combined with a competent staff allows us to deliver legal services in a timely manner and at an affordable price.

Finklea, Hendrick & Blake has grown from one attorney and one staff member to six attorneys and nineteen staff members. The firm’s first office began at 814 West Evans Street in Florence and has expanded into buildings, 816 and 820, on West Evans. FHB opened its first satellite office at 2554 E. Hwy 76 in Marion in 2017. A second satellite office was then opened at 101 South Main Street, in Hemingway in 2020.

Finklea, Hendrick & Blake is a local firm that supports many endeavors within our community. All of our attorneys work and live in the Pee Dee area making it easy for one-on-one client interaction. Our attorneys are always available to meet with clients, unlike some firms with no real presence or connection to the Pee Dee. Finklea, Hendrick & Blake has a rich history of supporting local charities and events.

Again, we would like to thank all of the friends and family of FHB for voting us as “The Best Law Firm in the Pee Dee.” We are honored that our clients have acknowledged the level of services we provide, and especially want to thank and recognize our staff for their immeasurable contributions to our success.

It is an honor to work in this profession to serve the Pee Dee with a dedicated and talented staff. Thank you, Pee Dee, for this recognition. We look forward to continuing to serve you.

Dealing with issues confronting you and your loved ones before, during, or after a serious illness or death can be an overwhelming experience. The Attorneys at Finklea, Hendrick & Blake, LLC are not only well versed in probate law but have practical knowledge and experience with the multitude of options available for an effective estate plan. Through our understanding and compassion for those involved, we seek to provide peace and resolution for the family. Whether you have minor children, no children, a large family, stepchildren, or own real estate, you should consult with an attorney to go over reasons why taking steps to plan for your future is important.

Our estate planning services can be divided into the following areas:

• Last Will and Testaments
• Powers of Attorney
• Living Wills
• Healthcare Powers of Attorney
• Deed transfers
• Strategic Lifetime Transfers

An effective estate plan makes the probate process easier. However, if the Personal Representative needs assistance with the paperwork and process of probating an estate, our staff will be glad to assist. For most estates, our fee is nominal and most work can be performed by our paralegals. We pride ourselves in promptly probating estates at a reasonable cost. We also have an exemplary reputation with the local probate court offices and enjoy working with their staffs.

Are you interested in finding our more information on how FHB can assist you with these legal needs? Contact our office today at (843)317-4900 for a free consultation. Our Attorney’s are ready to assist you!

A car accident can change your life in an instant. An accident may leave you temporarily or permanently disabled – unable to work and therefore unable to support your family. Who is responsible for the mounting medical bills? How are you supposed to earn a wage when a catastrophic injury prevents you from working? How do you manage the stress of these changes?

If your automobile accident was the result of the negligence of another, you may be entitled to recover compensation for your past and future medical expenses including the cost of treatment, wages lost during your recovery, and pain and suffering.

At Finklea, Hendrick & Blake, LLC, we handle every aspect of your personal injury:

• We expedite the claims process to ensure you receive necessary treatment.
• We work with the medical providers to reduce their bills when necessary, to ensure you receive the best recovery.
• We work to keep debt collectors at bay while you are awaiting a compensation award.
• We thoroughly prepare your case so that it can be settled quickly without sacrificing any of your compensation.
• In cases where you are not offered a reasonable amount of compensation, we file suit on your behalf and pursue your claim vigorously and aggressively.

We are lawyers committed to you. We focus on your case so that you can focus on recovering physically, emotionally, and financially. We are here to help remove some of the stress and worry that an accident might bring.

To learn more about how you can benefit from our knowledge and experience, contact us. The consultation is free! If you are unable to come to our office, our attorneys will even accommodate you by traveling to see you! Remember that we are not paid unless you receive compensation for your injuries. No Recovery – No Attorney Fee! Contact us at (843) 317-4900 to schedule your appointment for your free consultation.

By: Attorney Gary I. Finklea

The State of South Carolina and all governmental entities or public bodies must comply with the South Carolina Freedom of Information Act. This Act mandates that the public business be open and public so that we all can be advised of the activities of the governmental entity. The Governor’s Office has published a Guide to Compliance with the Freedom of Information Act which is primarily used by the various public bodies in reviewing a Freedom of Information Act request, often referred to as a FOIA request. I would like to share this publication with you as I find it is very edifying and answers many questions that our clients have had concerning the Act.

Our office uses this Act many times in investigating cases. Some of the ways that we use the Freedom of Information Act consist of obtaining:

• Information relating to car accidents such as investigating officer reports, videos, statements, and officer notes
• Information from the Department of Transportation when assessing whether the Department has properly maintained the road
• Insurance information on at-fault party drivers
• Records concerning construction permits and inspections
• Traffic safety studies
• Information concerning bidding and procurement

This Act is invaluable not only to ensure our government leaders are accountable, but it is a very utilitarian tool in the investigation and prosecution of the claims in which we handle. The following link will allow you to discover more information regarding the Freedom of Information Act: Public Official’s Guide to Compliance with South Carolina’s Freedom of Information Act (scpress.org)

The lumber market is continuing to experience a steady stream of price increases. The only thing for sure in the market is that the prices next week will likely be higher than those this week. Also as certain is that the supply of building material is uncertain.

The soaring prices and product shortages have greatly affected our clients from the developers, builders to home purchasers. The lumber market has also had a significant impact upon the real estate sales which affects the volume of residential closings. While we all like certainty and stability in the market, that is not always possible within our industry. With the shortages and price increases, we have advised our builder clients of the need to ensure force majeure clauses and escalation clauses are included in building contracts.

In the event you find that you need legal assistance in your business dealing with the uncertain price increases and product shortages, please do not hesitate to call. In the meantime, I hope you will find this video from Bloomberg edifying.