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Florence: (843) 317-4900
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Hemingway: (843) 551-0051

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Breaking Legal News: Eviction Ban Ruled Unlawful at the District Court level

United States District Court Judge, Dabney L. Friedrich, issued an Order on May 5 striking down the nationwide ban on evictions, stating that the Center for Disease Control (CDC) lacked legal authority to enact such a rule. The CDC originally halted most residential evictions in March of 2020.

That ban, through a series of extensions, was set to continue through June of 2021. The lawsuit that preceded the Order was filed by the Alabama and Georgia Association of Realtors along with a group of housing providers. Those plaintiffs filed the action seeking to prevent government intrusion into private property rights, arguing that private citizens have been forced to house tenants without rent for over a year now.

The Plaintiffs further alleged that these actions on behalf of the government violated the Takings Clause and their rights to Due Process under the United States Constitution. The Court’s opinion sidesteps these issues but states that “(i)t is the role of the political branches, not the courts, to assess the merits of policy measures designed to combat the spread of disease, even during a global pandemic.” The Department of Justice has stated that it would appeal the ruling. It is not immediately clear whether the moratorium would remain in effect pending appeal. Here is a link to the opinion through the National Association of Realtors website.

FHB Spotlight Area of Law: Motorcycle Accidents

Since May is Motorcycle Safety Awareness Month, to bring additional awareness to this topic, we will adopt it as our monthly Area of Law Spotlight.

When motorcycle accidents occur, they carry the potential for devastating personal injury or death. Injuries can result in long hospitalizations, surgeries, physical therapy, large medical bills, and lost wages due to short-term or long-term disability.

In accidents where the other driver was negligent, you could be entitled to compensation for current and upcoming medical expenses, lost income during your recovery, and pain and suffering. It is important to contact our lawyers immediately to preserve important evidence and ensure your claim is handled properly from the start with the insurance adjusters.

At Finklea, Hendrick & Blake, LLC, we take care of 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. In fact, we are not paid unless you receive compensation for your injuries

As a closing note, this is a good opportunity for you to review the insurance coverage you have on your motorcycle. Far too often insurance agents don’t sell underinsured motorists’ coverage on motorcycles. This is a huge mistake! Underinsured coverage should be procured for all of your vehicles, especially motorcycles based on the likelihood if there is an injury, it will be a serious injury. If you don’t have underinsured coverage on the motorcycle involved in the accident you cannot “stack” coverage from other vehicles. Procurement of proper insurance is another important topic, and we will highlight that as a future Spotlight Area of Law.

If you are ever in a motorcycle accident which leads to injury or you simply have questions about the property damage, contact the Finklea, Hendrick & Blake, LLC to discuss your case. If you are unable to physically come to our offices as a result of disability, our attorneys will accommodate you by coming to see you! To make an appointment for a free consultation, contact us at (843)317-4900. Remember that we are a law firm rooted in the Pee Dee. Our staff are an integral part of the community. We don’t engage in misleading and embarrassing advertising from offices in distant parts of the state. You actually meet our lawyers and work with them. Our goal is not to have the most cases, our goal is to provide quality representation to our clients! Please let us serve you if the need ever arises.

FHB Spotlight Area of Law: Residential Real Estate Closings

Finklea, Hendrick & Blake, LLC is known for their extensive experience facilitating both Residential and Commercial Real Estate Closings. In South Carolina, most all residential real estate closings must be conducted by an Attorney. Due to the complexity of commercial transactions, an attorney’s involvement is imperative. The Attorney’s office conducting the closing must possess knowledge of the process, be prepared to resolve the various moving contingencies, and timely communicate with the key players to keep the transaction moving forward. FHB has the largest team of closing paralegals in the Pee Dee and six lawyers that can provide you with competent, timely and reasonably priced representation. Finklea, Hendrick & Blake works closely with, buyers, sellers, Realtors, and Lenders to make the experience as smooth and enjoyable as possible.

FHB provides counseling in a variety of residential real estate matters, including:

  • Contract Drafting and Negotiation
  • Residential Purchases
  • Construction Loan Closings
  • Refinance Loan Closings
  • Equity Line Closings
  • Seller Representation
  • 1031 Property Exchanges
  • Specific Power of Attorney Preparation & Recording
  • Title Examination & Issue Resolution
  • Title Insurance and Title Opinions (Licensed Title Insurance Agents)
  • Deed Preparation & Recording
  • Mobile Home Detitlement
  • Property Easements
  • Property Subdivision and Development

Finklea, Hendrick & Blake, LLC welcomes the opportunity to represent you regardless of the nature of your real estate transaction. We have offices in Florence, Marion and Hemingway for the convenience of our clients. For more information or to set up an appointment contact us at (843)317-4900.

FHB Spotlight Area of Law: Criminal Law

Finklea, Hendrick & Blake, LLC has considerable experience representing criminal defense clients in state court. Our experience includes:

  • State Felonies & Misdemeanors
  • Traffic Citations
  • Appeals
  • Probation & Parole Violation Hearings
  • Forfeiture Proceedings
  • Administrative Hearings
  • Post Conviction Relief Actions

Attorney Susan C. McGill has extensive experience working with Criminal Cases. Attorney McGill has been employed by the Twelfth Judicial Circuit Solicitor’s Office as an Assistant Solicitor for several years. She has prosecuted cases in Magistrates Court as well as violent and serious crimes in General Sessions Court. She has tried cases to verdict in both Magistrates Court and General Sessions Court. Attorney Susan C. McGill is fully equipped to handle your Criminal Case. Our newest Attorney, William J. Edwards has also started to dive into some Criminal Cases. He is also accepting Criminal Cases in Circuit and Magistrates Court. To schedule an appointment with one of our Attorneys, contact our office today at (843)317-4900.

The Journey to Better

When most think of Black History Month, many find themselves retelling the stories of the trailblazers who made it possible to be where we are today. For me, Black History was always in my home because it is what I learned from my grandmothers, Martha and Mary Sue. Neither of my grandmothers had the opportunity to complete high school. They found themselves faced with racial inequalities and financial hardships that forced them to work instead of focusing on their studies.
Times were drastically different for them in the 1940s, 1950s, and 1960s. Now, Martha was over 15 years older than Mary, but they both described this span of time as very poor. For example, neither of them had a bathroom in their homes. Their houses were so poorly constructed that they could see chickens under their homes through the floorboards. They both used pasteboard to fill in the cracks in the walls and floors.

Both of my grandmothers worked for sharecroppers. Grandmother Martha lived and worked on the sharecropper’s land. Most years, they worked extremely hard and were able to keep some food to feed their families for the balance of the year. Once their cost for food was deducted from their earnings, they would receive the balance of that money. Mary indicated that on their worst year, she only received $50.00 payment for months and months of work.
As I reflect back on these stories, the one thing that comes to mind is their resilience. For them, they never focused on their circumstances. They always taught me that God would make a way. That did not mean they were not frustrated or disappointed at times, but what it meant for them was that they knew that God would not end on a bad note.

Even though they were unable to complete high school and could only dream about attending college, they poured their time and energy into making the next generation better. Each of them had six children. They reared college graduates, business owners, and military personnel that had to navigate adverse circumstances such as segregation and integration to become successful.

While I could provide many more stories regarding the injustices my grandmothers faced, that is not my purpose today. My purpose is to illustrate the tenacity and adaptability of my grandmothers. They both faced tremendous obstacles, but they both want or wanted what every parent or grandparent should desire for the next generation-better. Desiring more for the next generation has nothing to do with race or gender. I find it is a common desire for most people. For them, they both believed that better was coming. And, from where they started, better for them came. They knew better did not mean perfection, but it meant to keep the needle moving. My beloved Grandmother Martha last saw better in 1999, so her perspective was always quite different from that of Grandmother Mary Sue. Grandmother Mary Sue’s “better” is continuing to be defined.

So while we admire the giants we celebrate, I share this little bit of information to remember the grandmothers and my grandmothers that have made such a tremendous impact in our lives. Even though both of my grandmothers had very limited formal education, they both taught me more than I ever learned from any textbook or classroom. Most importantly, I am grateful to both of them for teaching me how to face adversity without becoming bitter. Thank you to all of those who sacrificed so much for “better.” For me, Black history is not confined to one month, it is a constant reminder of the courage and hope related to where we were, where we are, and where we are going.

FHB Spotlight Area of Law: Wrongful Death

Q: What is a wrongful death claim?
A:  A wrongful death claim is where a personal representative seeks compensation for the negligent conduct of a third party who caused or contributed to the untimely death of a family member. The action is brought to benefit the intestate beneficiaries of the decedent for loss of companionship, loss of services, loss of financial support, mental anguish, suffering, sorrow, bereavement, and other losses as a result of the death.

Q:  What is considered a wrongful death?
A:  Wrongful death can occur as a result of the negligence of another in various settings such as death as a result of a car accident, a truck accident, an agricultural accident, a boating accident, instances of medical malpractice, a defective product, dangerous property conditions, a medical device which malfunctions, dangerous work conditions and other scenarios.

Q:  What is a survival action?
A:  A survival action is often made in connection with a wrongful death claim. A survival action is to compensate the decedent’s estate for conscious pain and suffering, medical expenses, lost wages, and other elements of damage which occur prior to a victim’s death.

Q:  How quickly should a wrongful death case be pursued?
A:  Consideration for a wrongful death lawsuit may not seem urgent; however, wrongful death cases should be investigated early to preserve important evidence and to avoid mistakes that may harm the claim.

While monetary compensation cannot replace the loss of a loved one, holding negligent parties accountable in the untimely and unfortunate event of a wrongful death can help you and your family find closure. Further your claim may deter and prevent future negligent conduct to avoid injury and death to others.

If you believe a loved one has passed due to another person or company’s negligence conduct, contact the attorneys at Finklea, Hendrick & Blake, LLC. Our lawyers are experienced in filing claims for monetary damages to which our clients are entitled.

Attorney Charlie J. Blake in January’s Diversity Works Magazine

Finklea, Hendrick & Blake, LLC is pleased to announce that our partner, and attorney; Charlie J. Blake is within the Diversity Works Magazine’s January edition! The article discusses the importance of getting representation in the instance that you have been involved in an auto accident.

Click here to view the January edition of Diversity Works Magazine for further reading.

The piece, titled “Want to Represent Yourself After an Accident?” is on page 13 of the magazine. Diversity Works Magazine exists to highlight and showcase organizations and employees that are socially conscious and inclusive. FHB is proud to have a member of its team recognized for being socially aware.

FHB Spotlight Area of Law: Personal Injury

Finklea, Hendrick & Blake, LLC offers a comprehensive approach to personal injury cases by not only handling negotiating the claim with the insurance company but also with issues of property damage, medical care, accident investigation, identifying other potentially liable parties, discovering available insurance coverages, and negotiating medical expenses to ensure the optimum recovery for the client. Our client-focused practice has won hundreds of referrals from satisfied clients who received appropriate compensation for their injuries.

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. In fact, we are not paid unless you receive compensation for your injuries.

Contact us now for a FREE consultation to review the circumstances in your case. To learn more about how you can benefit from our knowledge and experience, contact us at 843-317-4900.

‘Finklea, Hendrick & Blake, LLC’ Partners with ‘House of Hope’ to Help Build “Tiny Home” for People in Need

Finklea, Hendrick, and Blake LLC announced on January 8, 2020 that they would be partnering with The House of Hope to help support their “tiny home village project.” On January 8, 2020 FHB presented the executive director, Bryan Braddock with a $12,500.00 check to help start the process for building a tiny home. December 16, 2020 FHB gave the remaining funds of $12,500.00 which resulted in a total of $25,000.00 that was given to completely fund one tiny home.

House of Hope intends to have 24 homes within this community. Having these homes built allows for families in need to have a stable community to live in. Each home will have a dorm style kitchen, full bathroom and living room, along with a sleeping area within a total of 240 square feet. The initial residence for these homes will be for women and children. House of Hope is eagerly working to transition families back into a self-sustaining life where they can independently support themselves.

Finklea, Hendrick, and Blake, LLC is proud to come alongside The House of Hope and support them in this endeavor. FHB prides itself in giving back to the community that they work within each day. There are still several homes that need sponsorship at this time and FHB encourage others from their community to step up and make a difference in the lives of many today.