dunaway-law-firm

"The Insurance Industry Made $169 Billion Last Year. Your Adjuster Says There's 'No Money' for Your Case."

Mon, 27 Apr 2026 19:37:51 GMT

Record Insurance Profits, Record Lowball Offers

In 2022, the auto insurance industry begged for relief. They were drowning in claims, they said. Losing $21 billion a year. Rate hikes were the only thing standing between them and ruin.

Two years later, in 2024, the same industry booked $169 billion in profit — a 333% swing in 24 months. The National Association of Insurance Commissioners said it plainly in writing: the windfall was “made possible largely due to sizeable rate increases.”

Translation: they jacked up your premium, paid out roughly the same in claims, and pocketed the difference.

South Carolina drivers footed the bill.

Average full-coverage premiums in SC jumped 29% in a single year between 2023 and 2024. The South Carolina Department of Insurance approved one hike after another:

• State Farm — +10.3%

• Farm Bureau — +11.2%

• Berkley — +19.6%

• Old Dominion — +22.2%

Where did the money go?

Not to claims. Not to faster settlements. Try here:

• Allstate CEO Tom Wilson took home $26.1 million in 2024 — a 62% raise.

• Progressive’s CEO made up to $48.99 million counting stock appreciation.

• Travelers’ CEO made $23.1 million — 191 times his median employee’s pay.

• Allstate authorized a new $1.5 billion stock buyback.

• Progressive paid out roughly $8 billion in variable dividends to shareholders in 2025 and 2026.

What the industry’s own data says about lawyers.

The Insurance Research Council — funded by the carriers themselves — admits the truth: injured people who hire a lawyer recover roughly 3.5 times more than people who try to handle the claim alone. Eighty-five percent of all bodily-injury settlement dollars go to represented claimants.

Insurance companies know exactly what an unrepresented person is worth to them. Less.

So when the adjuster calls…

…friendly, fast, and pressuring you to sign — remember who they actually work for. It is not you. The first offer is not your case’s value.

It’s their starting bid.

If you’ve been hurt in a wreck anywhere in the Upstate, get someone in your corner before you sign anything, give a recorded statement, or accept a check.

Injured? NO way. Call Dunaway.

Free consultation. No fee unless we recover for you.

(864) 224-1144 www.dunawayfirm.com

Dunaway Law Firm, LLC — Anderson, South Carolina

Personal injury law for the Upstate.

Thomas W. Dunaway, IV — SC Bar No. 100807

This article is for general informational purposes and is not legal advice. Reading it does not create an attorney-client relationship. Past results do not guarantee future outcomes. Statistics cited are drawn from publicly reported industry filings, NAIC data, and SC Department of Insurance rate-filing records.

Suspect Nursing Home Abuse? Avoid These Costly Mistakes That Can Hurt a Case

Fri, 24 Apr 2026 12:50:28 GMT

What You Do Now Can Make a Big Difference in the Legal Outcome

When families begin to suspect nursing home abuse or neglect, their first instinct is often to act quickly—and that instinct comes from a place of love and protection. But in these situations, how you respond in the early days can significantly impact what happens next, especially if legal action becomes necessary. Even well-intentioned decisions can unintentionally make it harder to uncover the truth or hold a facility accountable.

Mistake #1: Confronting the Facility Too Soon

It’s natural to want answers immediately. However, confronting staff or management right away can sometimes:

Give the facility time to alter records
Influence staff statements
Delay or obscure what actually happened

That doesn’t mean you shouldn’t ask questions—but timing and approach matter.

Mistake #2: Failing to Preserve Evidence

In many nursing home abuse cases, evidence disappears quickly.

Common oversights include:

Not photographing injuries immediately
Failing to document worsening conditions (like bedsores)
Losing track of dates, names, or timelines

Once something heals or changes, it may be impossible to fully prove later.

Mistake #3: Relying Only on Verbal Explanations

Families are often given simple explanations like:

“They just bruised easily”
“That happens sometimes at this age”

While that may be true in some cases, it’s important to:

Request written documentation
Ask for incident reports
Compare explanations with medical records

Mistake #4: Waiting Too Long to Request Records

Facilities maintain detailed records—but they don’t always keep everything forever.

Delays can lead to:

Missing documentation
Gaps in care records
Lost internal reports

The earlier records are requested, the better.

Mistake #5: Assuming It’s “Just Aging”

One of the biggest barriers families face is doubt.

They may wonder:

“Is this normal?”
“Am I overreacting?”

Unfortunately, this hesitation can allow serious neglect to continue longer than it should.

Mistake #6: Waiting Too Long to Get Legal Guidance

You don’t need to be certain abuse occurred to speak with an attorney.

Early guidance can help:

Preserve evidence before it’s lost
Identify red flags you may not recognize
Prevent missteps that weaken a potential case

The Reality: These Cases Are Built on Details

Nursing home abuse cases often come down to:

Patterns over time
Small inconsistencies in records
Documentation that doesn’t match what actually happened

The difference between a strong case and a weak one is often what was preserved early on.

If You’re Unsure, That’s Okay

Many families reach out while they’re still trying to understand what’s happening. You don’t need to have all the answers—you just need to take the next step toward getting them.

We’re Here to Help

At Dunaway Law Firm, we help families navigate these difficult situations with clarity and care. If something doesn’t feel right, we can help you evaluate the situation and understand your options.

Confidential consultations are always available. 864-224-1144 and know you will be talking directly to our paralegals and lawyers - never a call center.

Nursing Home Neglect in South Carolina: The Signs They Hope You Don't Notice

Mon, 13 Apr 2026 13:33:10 GMT

How to recognize nursing home neglect and hold them accountable under S.C. law

You trusted them to take care of someone you love. You chose the facility, signed the paperwork, and believed your parent or grandparent would be safe. So when you start noticing unexplained bruises, sudden weight loss, or a personality change in someone who used to light up when you walked in the room — that gut feeling you get isn’t paranoia. It’s instinct. And you should listen to it.

Nursing home neglect is one of the most underreported problems in South Carolina. Approximately 1,100 cases of nursing home abuse and 350 cases of neglect are reported in our state every year. But government estimates suggest that only 1 in 57 cases ever gets reported. That means for every family that speaks up, dozens more suffer in silence.

If you suspect that your loved one has been hurt, neglected, or mistreated in a nursing home or assisted living facility, you have options — and you need to act.

What Does Nursing Home Neglect Actually Look Like?

Neglect isn’t always dramatic. It’s not always a black eye or a broken bone. More often, it’s the things that don’t happen — the care that should have been provided but wasn’t.

Physical signs:

• Unexplained bruises, cuts, or bedsores (pressure ulcers)

• Sudden weight loss or signs of dehydration

• Poor hygiene — soiled clothing, unbathed, long or dirty fingernails

• Untreated infections or wounds

Emotional and behavioral signs:

• Withdrawal from activities they used to enjoy

• Fearfulness, especially around certain staff members

• Depression, anxiety, or sudden mood changes

• Reluctance to speak openly when staff are present

Environmental signs:

• A room that smells of urine or feces

• Broken or missing assistive devices (wheelchairs, walkers, hearing aids)

• Call lights that go unanswered for extended periods

• Understaffing — you rarely see the same caregiver twice

Medical signs:

• Medication errors — wrong medications, missed doses, or overmedication

• Falls that happen repeatedly without changes to the care plan

• Worsening medical conditions despite being in a care facility

If you’re seeing any of these signs, don’t wait.

Why Does This Happen?

The single biggest driver of nursing home neglect in South Carolina — and across the country — is understaffing. Studies show that as many as 90% of nursing homes are understaffed. When a facility doesn’t have enough nurses and aides to care for its residents, corners get cut. Call lights go unanswered. Residents don’t get turned in their beds. Medications get missed. Falls happen because nobody is watching.

And here’s what makes it worse: many of these facilities are profitable. They’re collecting thousands of dollars per month per resident from Medicare, Medicaid, and private-pay families — and they’re choosing to pocket the money instead of hiring adequate staff.

That’s not an accident. That’s a business decision. And when that decision leads to harm, it’s negligence.

What to Do If You Suspect Neglect

1. Document everything. Take photos of injuries, living conditions, and anything that concerns you. Write down dates, times, and what you observed. Save text messages or emails with facility staff. This evidence matters.

2. Report it. Contact South Carolina Adult Protective Services (APS) through the Department of Social Services. You can also file a complaint with the South Carolina Department of Health and Environmental Control (DHEC), which oversees nursing home licensing and inspections.

3. Get your loved one medical attention. If they have injuries that haven’t been treated — or if you suspect their condition has worsened due to neglect — take them to a doctor immediately. Make sure the doctor documents everything.

4. Talk to a personal injury attorney. Nursing home neglect cases are complex. These facilities have corporate legal teams and insurance companies working to protect them — not your family. An experienced attorney can investigate the facility, obtain staffing records, review inspection reports, and determine whether you have a case.

5. Don’t sign anything from the facility. If the nursing home asks you to sign an incident report, a release, or any other document after you’ve raised concerns — don’t sign it until an attorney has reviewed it.

Your Legal Rights Under South Carolina Law Residents have a Bill of Rights.

Under South Carolina Code Title 44, Chapter 81, nursing home residents have legally protected rights, including the right to adequate and appropriate care, the right to be free from abuse and neglect, and the right to be treated with dignity and respect.

You can sue for negligence. If a nursing home’s failure to provide adequate care caused injury or harm to your loved one, you may be entitled to compensation for medical expenses, pain and suffering, emotional distress, and in some cases, punitive damages.

The statute of limitations is three years. In South Carolina, you generally have three years from the date the injury was discovered (or should have been discovered) to file a lawsuit. Waiting too long can mean losing your right to hold the facility accountable.

Wrongful death claims. If your loved one died as a result of nursing home neglect, South Carolina law allows the family to bring a wrongful death claim. These cases can hold the facility accountable and provide compensation for funeral expenses, loss of companionship, and the pain and suffering your loved one endured.

You Shouldn’t Have to Fight This Alone

We understand how emotional this is. The guilt of placing a loved one in a facility. The anger of finding out they weren’t being cared for. The helplessness of not knowing what to do next. You’re not alone, and this is not your fault.

At Dunaway Law Firm, we fight for families who’ve been let down by the people and institutions they trusted. If your parent, grandparent, or loved one has been hurt by nursing home neglect or negligence, we want to hear your story.

The consultation is FREE. You pay nothing unless we win.

Call us today at (864) 224-1144 or visit www.dunawayfirm.com

to schedule a free, confidential consultation.

Understanding Product Liability Law — Protecting Consumers from Dangerous Products

Wed, 25 Feb 2026 16:21:25 GMT

Introduction

Every day, consumers place their trust in products — from cars and household appliances to toys and prescription drugs. But what happens when those products fail and cause harm? This is where product liability law steps in. Designed to protect consumers and hold manufacturers accountable, this area of law ensures that unsafe products don’t go unchecked.

What Is Product Liability?

Product liability refers to a manufacturer or seller being held legally responsible for placing a defective product into the hands of a consumer. Unlike ordinary negligence claims, product liability is often governed by strict liability — meaning that a plaintiff doesn’t always have to prove negligence, only that the product was defective and caused injury.

Types of Product Defects

There are three main categories of product defects:

Design Defects: Flaws inherent in the product’s design that make it unsafe (e.g., a car model prone to rollover accidents).
Manufacturing Defects: Errors that occur during production, leading to a dangerous variant of an otherwise safe design.
Marketing Defects (Failure to Warn): Inadequate instructions or warnings about a product’s risks.

Common Examples

Contaminated food or pharmaceuticals
Faulty airbags or brakes
Flammable clothing or defective electronics

Liable Parties:

In product liability law, responsibility doesn’t stop with the manufacturer — it can extend to any commercial entity in the chain of distribution. That means if a defective product causes injury, a plaintiff may bring a claim against the manufacturer, component-part maker, wholesaler, distributor, or retailer. The key idea is that every business involved in placing the product into the stream of commerce shares responsibility for its safety.

What Consumers Should Do?

If you’ve been injured by a defective product:

Seek medical attention immediately.
Preserve the product and packaging.
Document everything — injuries, receipts, photos, and correspondence.
Consult a product liability attorney to explore your rights.

SOL South Carolina Law:

For product liability claims in South Carolina, there are critical time limits you must understand:

South Carolina also has an 8-year statute of repose for product liability claims.

This means:

No product liability action may be brought more than 8 years after the product was first sold or delivered, even if the injury was not discovered until later.

⚠️ The statute of repose is a hard cutoff. The discovery rule does not extend it.

Conclusion

Product liability law serves an important public purpose: it encourages companies to prioritize safety and transparency. If you believe a defective product has harmed you, understanding your legal options is the first step toward justice and compensation.

From Down Under to Your Door: Australia’s New Social Media Law and What’s Brewing in the U.S. and South Carolina

Wed, 10 Dec 2025 16:36:20 GMT

The ripple effect of Australia’s new rules on pending federal and South Carolina social media legislation.

In November 2024, Australia passed the Online Safety Amendment (Social Media Minimum Age) Bill 2024, which amends the federal Online Safety Act 2021. The new rules came into force on December 10, 2025.

From that date, social media platforms are legally required to block Australians under 16 from having social media accounts (with some nuances around “age-restricted social media platforms”).

What Kind of Law is It?

It’s primarily:

A federal statute (Commonwealth Parliament) – the Online Safety Amendment (Social Media Minimum Age) Act 2024.
It inserts a new Part 4A – “Social media minimum age” into the existing Online Safety Act 2021.
It’s enforced by the eSafety Commissioner, a national regulator with powers to issue directions and civil penalties.

Separately, Australia is also developing a Children’s Online Privacy Code under privacy law, modeled on the UK’s Age-Appropriate Design Code, but that’s about data/privacy design obligations, not an outright ban.

So you can think of it as:

Online safety law → sets a minimum age (16) and platform responsibilities

Privacy / design code (coming) → governs how services handle kids’ data and design features

Key Parts Summarized

Mandatory minimum age: 16

The law defines an “age-restricted user” as an Australian child under 16.
“Age-restricted social media platforms” must take reasonable steps to prevent these users from:
Creating new accounts, and
Keeping existing accounts.

So it’s not just “no sign-ups” – platforms are supposed to identify and remove under-16 accounts that already exist.

Which platforms are covered?

The law targets major social media platforms that:

Have large user bases in Australia and
Have features for sharing content, connecting with others, following/being followed, etc.

In practice, the government and coverage list:

Facebook, Instagram, TikTok, Snapchat, YouTube, Reddit, X (Twitter), Threads, Twitch, Kick and similar services.

Some services with social features (e.g., games, chat inside apps) may also count if they meet the definition.

What platforms must do.

The amended Act and government fact sheet say platforms must:

Prevent under-16s from having accounts
Deactivate or remove existing under-16 accounts
Block new under-16 sign-ups
Use age-assurance / age-verification measures beyond simple “enter your birthday”:
Age-estimation based on video selfies or facial analysis
Analysis of behavior / account data
Optional ID or bank-linked checks (but they can’t mandate government ID as the only route)
Not rely solely on parental consent; parents cannot override the ban for their under-16 child.

They can still let kids browse some content logged-out (e.g., watching videos without an account), but no posting, commenting, DMs, or personalized feeds via an account.

Penalties

The eSafety Commissioner is responsible for ensuring organizations comply with age-assurance requirements and can request data on these systems, issue enforcement notices, and seek civil penalties. Serious or systemic non-compliance can attract heavy penalties of up to A$49.5 million (about US$33 million) or a percentage of a company’s global turnover.

Is the U.S. Next? What’s Happening Here in the U.S. & South Carolina

Here’s a combined, up-to-date synopsis of what someone living in South Carolina should know about active or recently proposed laws — both federal and SC-state — that would affect minors’ use of social media and online services. It includes what’s already law and what’s still “in play.”

What's Going on in D.C. (Federal-Level)

The list of current pending bills as of 12/10/25 which have the potential for becoming U.S. laws relating to age restrictions on social media are outlined below.

Kids Online Safety Act (KOSA)

This bill was re-introduced in the Senate in May 2025. ( Congress.gov )
It would require online platforms — including social media, streaming, messaging, etc. — to implement protections for minors under 17: safer default settings, privacy protections, parental-control tools, less harmful content, restrictions on algorithmic “engagement boosting,” and reporting mechanisms. ( Congress.gov )
As of December 2025, KOSA has not become law. It is pending further consideration (the House has not passed final legislation).

Children and Teens’ Online Privacy Protection Act 2.0 (COPPA 2.0)

Introduced by U.S. Senators in 2025 to update the older federal privacy law. ( U.S. Senator Bill Cassidy )
If enacted, it would extend protections beyond under-13 children to include adolescents (up to age 16 or 17): internet companies would be barred from collecting their personal information without consent, would have to allow deletion of that information (“eraser button”), ban targeted advertising to minors, and set stricter data-minimization standards. ( Ed Markey )
The Senate passed this legislation (as part of a broader youth-online-safety package) by a wide margin (91–3). ( Chuck Grassley )
As of now, COPPA 2.0 remains pending final approval in Congress / the House. ( Ed Markey )

What’s Going On in South Carolina (State-Level)

South Carolina Social Media Regulation Act (H. 3431, 2025-2026 session)

This bill was introduced Jan 2025, passed the SC Senate on May 6, 2025 (unanimous vote) after amendments, and was sent back to the House for consideration. ( South Carolina Legislature Online )
If enacted, it would amend SC law to require social-media companies to verify the age of South Carolina account-holders, and forbid minors (without express parental consent) from being account holders. ( South Carolina Legislature Online )
It also includes: restrictions on advertising and data collection for minors; limitations on features that encourage excessive or compulsive use; requirements for parental-controls, transparency, and reporting mechanisms; and enforcement power for the state’s consumer-services division. ( South Carolina Legislature Online )
If approved by the House and signed by the governor, the law would take effect 90 days after approval . ( South Carolina Legislature Online )
Status: Passed Senate → pending in House (not yet law). ( South Carolina Legislature Online )

Recap - What You Should Know

There is no SC-state or federal law in force yet that universally bans minors from social media or fully regulates age-verification / account-restrictions.
At the federal level, two major bills — KOSA (safety protections) and COPPA 2.0 (privacy/data protections) — have passed the Senate, but still must clear the House before becoming law.
In South Carolina, H. 3431 (the Social Media Regulation Act) has made substantial progress: it passed the Senate unanimously and is under consideration in the House. If approved and signed, it would impose age-verification requirements and parental-consent/account-restriction rules for minors in SC.
Bottom line for you (in SC): We are at a pivotal moment — important new regulations may become law in the near future, but as of now, most of these protections remain proposals.

Both federally and in South Carolina, several major proposals aimed at regulating minors’ access to social media and strengthening online-safety and privacy rules are moving — but none are fully enacted yet. Federally, KOSA and COPPA 2.0 have momentum after clearing the Senate, and in South Carolina the Social Media Regulation Act (H.3431) has already passed the Senate and is now waiting in the House. Any of these could still become law, meaning the next year will be important for families, schools, platforms, and policymakers.

What to Expect if These Become Law

If these state or federal measures pass, the United States will almost certainly see immediate legal challenges, especially around age-verification, First Amendment rights, parental-rights questions, and concerns about adult privacy. This pattern is predictable: in the last two years, nearly every state law involving social-media age verification or youth restrictions was sued and several were blocked by federal courts on constitutional grounds. The same arguments — restraint on lawful speech, burdens on anonymous expression, and overbroad restrictions on minors — would likely be raised again.

The Bottom Line

For South Carolina residents, the landscape is shifting but not settled. Big changes could arrive soon, but they will almost certainly be followed by courtroom battles and appeals. The key takeaway is simply this: keep watching. Both SC leaders and Congress are signaling strong interest in regulating youth social-media use — but the real outcome will depend not only on what passes, but on what survives the legal challenges that always follow laws in this space.

Understanding Coverage for Injured Pets Under Your Car Insurance in South Carolina

Wed, 09 Oct 2024 15:53:27 GMT

As pet owners, we often consider our furry friends as part of the family. When accidents happen, especially car accidents, ensuring the well-being of our pets becomes a top priority. In South Carolina, many pet owners wonder whether their car insurance can help cover veterinary expenses if their pet is injured in a vehicle accident. Let’s dive into how car insurance works in this context and what you need to know to protect your pet.

Can Car Insurance Cover Your Injured Pet?

Generally, car insurance primarily covers damages related to vehicles, injuries to drivers, and passengers. However, in certain situations, it may extend to cover pets as well:

1. Comprehensive Coverage: If your pet is injured in an accident while riding in your vehicle, your car insurance may cover some of the medical costs, but this typically depends on the specifics of your policy. Comprehensive coverage can help in cases where your pet is injured due to a collision or other incidents while in the car.

2. Liability Coverage: If another driver causes an accident that injures your pet, their liability insurance may cover your pet's veterinary expenses. In South Carolina, if the other driver is at fault, you could file a claim with their insurance to seek compensation for your pet’s injuries.

What to Do if Your Pet Is Injured in a Car Accident

If your pet is injured in a car accident, follow these steps to ensure they receive prompt care and that you can navigate the insurance process effectively:

1. Seek Immediate Veterinary Care : Your pet’s health is the top priority. Take them to a veterinarian or emergency clinic as soon as possible. Even seemingly minor injuries can have serious consequences.

2. Document the Incident : Take photos of the accident scene, your pet’s injuries, and any relevant details. Keep a record of all veterinary bills, treatments, and communications with your insurance provider.

3. Contact Your Insurance Provider : Notify your car insurance company about the accident. Discuss your pet’s injuries and ask about the specifics of your coverage. Be sure to inquire whether your policy includes any benefits for pets.

4. File a Claim : If applicable, file a claim with the at-fault driver’s insurance to recover costs associated with your pet’s injuries. Provide them with the necessary documentation, including veterinary bills and evidence of the accident.

Understanding Your Coverage Options

When it comes to pet-related injuries in South Carolina, here are some key points to consider regarding your car insurance:

- Policy Specifics : Review your car insurance policy carefully. Look for any clauses that mention pets and understand what is covered and what is not.

- Comprehensive vs. Collision Coverage : Understand the differences between comprehensive and collision coverage. Comprehensive may cover non-collision incidents, while collision specifically addresses damage from accidents with other vehicles.

- Consult Your Agent : If you have questions about how your policy applies to pets, reach out to your insurance agent. They can provide clarity on what your coverage entails and help you navigate any claims processes.

Additional Coverage Options

While car insurance can provide some assistance, it may not cover all veterinary expenses. To ensure your pet is fully protected, consider the following:

1. Pet Insurance : Investing in pet insurance can provide additional peace of mind. Many pet insurance policies cover accidents and injuries, including those sustained in car accidents, which can help with veterinary bills.

2. Wellness Plans : Some veterinary clinics offer wellness plans that cover routine care, which can be beneficial for overall pet health.

Conclusion

In South Carolina, navigating insurance coverage for an injured pet can be complex. While your car insurance may offer some support, it’s essential to understand the limits of your coverage and consider additional options like pet insurance for comprehensive protection. By being proactive and informed, you can ensure that your beloved pet receives the care they need, even in the unfortunate event of an accident. Always remember, the well-being of your furry friend is worth the extra effort in planning and preparation!

Everything You Need to Know About REAL IDs

Fri, 26 Jul 2024 14:02:33 GMT

In a world where security and identification are paramount, the REAL ID Act has introduced a standardized form of identification across the United States. Whether you are hearing about REAL IDs for the first time or just looking for more information, this blog post will cover everything you need to know about REAL IDs.

What is a REAL ID?

The REAL ID Act, passed by Congress in 2005, established minimum security standards for state-issued driver's licenses and identification cards. It was implemented to enhance the reliability and accuracy of these IDs, aiming to inhibit terrorists' ability to evade detection by using fraudulent identification.

Key Features of REAL IDs

Enhanced Security : REAL IDs have increased security features to prevent tampering, counterfeiting, and fraud. These features vary by state but include holograms, UV images, and additional barcodes.
Standardized Information : REAL IDs display standardized information, such as your full name, date of birth, gender, driver's license or ID number, address, and a photograph.
Star Marking : One of the easiest ways to identify a REAL ID is the presence of a star marking on the top portion of the card. This star signifies that the ID meets federal standards.

Why Do You Need a REAL ID?

Starting May 7, 2025, every air traveler 18 years of age and older will need a REAL ID-compliant driver's license or identification card, or another TSA-acceptable form of ID, to fly within the United States. Without a REAL ID, you may need to carry a passport or another approved identification document even for domestic flights.

REAL IDs are also necessary for entering federal facilities and military bases, making them crucial for anyone needing to access these areas.

How to Get a REAL ID

Obtaining a REAL ID requires a visit to your local Department of Motor Vehicles (DMV) or equivalent agency. Here are the steps you will typically need to follow:

Documentation : Bring necessary documentation proving your identity, Social Security number, and residency. This usually includes:
A valid passport or birth certificate
Social Security card or tax forms
Two proofs of address, such as utility bills or lease agreements
Proof of legal name (marriage license, divorce decree, or court order)
Application : Fill out the application form provided by the DMV. Some states allow you to complete this form online beforehand to save time.
Fee : Pay the required fee. The cost of a REAL ID varies by state but is generally similar to the cost of a standard driver's license or ID. In South Carolina, a REAL ID costs $25. Identification cards are free for those 17 years old and older, and $15 for those 16 and under.
Photo : Have your photo taken at the DMV.
Receive Your REAL ID : After processing, your REAL ID will be mailed to you. In some states, you might receive a temporary ID immediately.

Tips for a Smooth REAL ID Application Process

Check Your State's Requirements : Each state may have slightly different documentation requirements, so visit your state's DMV website to ensure you have everything you need.
Make an Appointment : Many DMVs allow you to schedule an appointment online. This can significantly reduce your waiting time.
Prepare Documents Carefully : Ensure that all your documents are up-to-date, and that the information matches exactly. For example, if your name has changed due to marriage or divorce, bring the appropriate legal documents.

Common Misconceptions About REAL IDs

You Don’t Need It for Everything : A REAL ID is not required for voting, driving, applying for federal benefits, serving on a federal jury, testifying in court, or accessing health services.
Not a National ID : REAL IDs are not a national ID but rather a standardized form of identification issued by individual states.
It’s Not Mandatory : You do not need a REAL ID if you have a valid passport or other TSA-approved identification for air travel or federal facility access.

Conclusion

The introduction of REAL IDs marks a significant step towards enhanced security and standardized identification across the United States. While the process of obtaining a REAL ID may seem daunting, proper preparation and understanding of the requirements can make it straightforward. As the May 2025 deadline approaches, ensure you have the necessary identification to avoid any travel disruptions. Stay informed, stay prepared, and ensure your ID meets the new federal standards.

For more information about obtaining a REAL ID in South Carolina visit these webpages:

REAL ID Drivers License in SC: https://www.scdmvonline.com/Driver-Services/Drivers-License/REAL-ID
REAL ID FAQ: https://cma.sc.gov/real-id
List of accepted documents: https://www.scdmvonline.com/-/media/Forms/MV-93.ashx
To confirm you have all you need for your SC REAL ID: https://sc.accessgov.com/motorvehicles/Forms/Page/motorvehicles/sweetcaroline/
SC Online Renewal for REAL ID: https://www.scdmvonline.com/SCTRNS/Public/Authorization.aspx

Can you Refuse a Field Sobriety Test?

Fri, 19 Jul 2024 13:46:53 GMT

Driving is a responsibility that requires a clear mind and sound judgment. To ensure safety on the roads, law enforcement officers conduct field sobriety tests (FSTs) to assess whether a driver is under the influence of alcohol or drugs. However, the decision to comply with or refuse a field sobriety test is not always straightforward. Understanding your rights and the potential consequences is crucial.

What is a Field Sobriety Test?

A field sobriety test is a series of physical and cognitive tasks that police officers use to determine if a driver is impaired. The most common tests include:

Horizontal Gaze Nystagmus (HGN) : Observing the eyes for involuntary jerking.
Walk-and-Turn (WAT) : Walking heel-to-toe in a straight line and turning on command.
One-Leg Stand (OLS) : Standing on one leg for a specific period.

These tests assess balance, coordination, and the ability to follow instructions.

Legal Implications of Refusing a Field Sobriety Test

The legality of refusing a field sobriety test varies by jurisdiction. In some states, you are not legally required to perform these tests. However, refusing can have consequences, including:

Implied Consent Laws : In many states, by obtaining a driver's license, you consent to chemical tests (breath, blood, or urine) if suspected of DUI. While FSTs are not always covered under implied consent laws, refusal can be used as evidence against you in court.
Suspicion and Arrest : Refusing an FST may lead officers to believe you are impaired, resulting in arrest and further testing at the police station.
Evidence in Court : Prosecutors may argue that your refusal indicates consciousness of guilt, potentially influencing the outcome of your case.

Why Might Someone Refuse a Field Sobriety Test?

There are several reasons someone might choose to refuse an FST:

Physical or Medical Conditions : Conditions like injuries, disabilities, or even anxiety can affect performance on these tests, leading to inaccurate results.
Accuracy Concerns : FSTs are subjective and rely on the officer's judgment, which can be influenced by bias or error.
Legal Strategy : Some individuals, advised by legal counsel, may refuse FSTs to limit the evidence available to prosecutors.

What to Do If You Are Pulled Over

If you are pulled over and suspected of DUI, it’s essential to handle the situation calmly and respectfully. Here are some steps to consider:

Stay Calm and Polite : Treat the officer with respect and avoid sudden movements.
Know Your Rights : Understand your state's laws regarding field sobriety and chemical tests.
Request Legal Counsel : If you are unsure of what to do, politely request to speak with an attorney before making any decisions.
Document the Encounter : Take note of the officer's behavior, the tests administered, and any statements made. This information can be crucial if your case goes to court.

Conclusion

Refusing a field sobriety test is a personal decision with significant legal implications. Understanding your rights, the potential consequences, and the reasons behind your choice is essential. If you find yourself in this situation, consider seeking legal advice to navigate the complexities of DUI laws and protect your rights.

Driving responsibly is the best way to avoid the need for these decisions, ensuring your safety and the safety of others on the road.

WHY YOU SHOULD REFRAIN FROM POSTING ON SOCIAL MEDIA DURING YOUR CASE

Fri, 14 Jun 2024 14:18:06 GMT

Social Media, Investigators, and the Possible Impact on Your Case

In our digital age, social media platforms like Facebook, X (formerly Twitter), Instagram, Tumblr, TikTok, Snapchat, and LinkedIn are integral parts of daily life. While these platforms offer a convenient way to stay connected and share moments, they also present significant risks when you are involved in a legal case. Attorneys, guardians, law firm staff, insurance companies, and investigators frequently access and scrutinize public social network pages to find potential impeachment material. Simply put, anything you post can be used against you in a court of law.

Here is what you need to know to protect yourself:

All Social Media Content is Discoverable

Regardless of your privacy settings, everything you post on social media is discoverable. This means that opposing counsel can request archives of your social media sites or specific posts you have made. Be prepared to be questioned about your social media activity by defense counsel.

Injury Cases: They might challenge how you can engage in certain activities if you claim to be injured.

Criminal Cases: Pictures or comments of you in questionable circumstances can be held against you.

Family Law Matters: They could question your social media activity concerning your parenting abilities, financial responsibilities (e.g., child support or alimony), or undisclosed property.

Social media posts can seriously damage your case. The safest approach is to stop participating in any social media activity until your case is concluded.

Avoid Posting Anything Related to Your Case

Do not post any information, comments, or pictures related to your case. Inform your family members to avoid posting anything about you or any pictures of you. Content such as photos of you smoking marijuana, engaging in illicit behavior, or references to any action deemed immoral can and will be used against you by the opposing party. Be forewarned!

Do Not Delete Existing Posts or Accounts

You are not permitted to "clean up" your social media pages or delete any accounts. Deleting posts or accounts can be considered a spoliation of evidence, which can negatively impact your case.

Be Aware of Surveillance

Opposing parties often hire investigators to take surveillance videos of your activities, hoping to catch you engaging in actions that could undermine your case. Be vigilant of any unfamiliar cars or people in your vicinity, as they could be gathering information to use against you.

Key Takeaways

Pause Social Media Use: Refrain from using social media until your case is over.

Do Not Post About Your Case: Avoid discussing your case or anything related to it online.

Inform Your Family: Ensure that your family members are aware and do not post about you.

Preserve Your Accounts: Do not delete posts or accounts, as this can be seen as destroying evidence.

Stay Alert: Be conscious of potential surveillance by the opposing side.

By following these guidelines, you can help protect the integrity of your case. If you have any questions or need further clarification, please do not hesitate to contact us at 864-224-1144. Your cooperation is essential in safeguarding your legal interests.

Reflecting on Heroism and Sacrifice

field@dunawayfirm.com (Field Dunaway) — Fri, 07 Jun 2024 14:10:14 GMT

Commemorating the 80th Anniversary of D-Day

On June 6, 1944, the course of history was irrevocably altered. This year, we mark the 80th anniversary of D-Day, a pivotal moment in World War II that demonstrated unparalleled courage, strategic brilliance, and the unyielding spirit of freedom. As we commemorate this milestone, it's crucial to remember the profound significance of D-Day and honor the sacrifices made by countless individuals to secure the liberty we cherish today.

The Dawn of Liberation

D-Day, known as Operation Overlord, was the largest amphibious invasion in history. It involved the coordinated efforts of American, British, Canadian, and Allied forces landing on the beaches of Normandy, France. The operation aimed to establish a strong foothold in Nazi-occupied Europe, ultimately leading to the liberation of Western Europe from Hitler's regime.

In the early hours of June 6, under the cover of darkness, paratroopers descended behind enemy lines, tasked with disrupting communications and securing key positions. At dawn, thousands of soldiers stormed the beaches of Utah, Omaha, Gold, Juno, and Sword. Despite facing heavily fortified German defenses and treacherous conditions, their resolve never wavered.

Stories of Valor and Sacrifice

The 80th anniversary of D-Day is a time to reflect on the extraordinary bravery exhibited by the soldiers, sailors, and airmen who participated in the invasion. Their stories are a testament to human resilience and the unwavering commitment to a just cause.

Listening to broadcasts from that day and hearing the voices of those who participated in the operation is a great way to feel closer to history . Watching documentaries and footage of the event along with interviews of those who were there is another way to learn more about the event. See below for links to some of my favorites.

Honoring the Fallen

As we gather to commemorate this historic event, it's essential to honor the fallen heroes who made the ultimate sacrifice. The Normandy American Cemetery and Memorial, located on a bluff overlooking Omaha Beach, serves as a poignant reminder of the cost of freedom. Here, nearly 9,400 graves stand as a testament to the courage and dedication of those who gave their lives.

Ceremonies and events across the globe pay tribute to the veterans of D-Day, many of whom are no longer with us. Their legacy, however, continues to inspire new generations to uphold the values of liberty, democracy, and justice.

Lessons for Today

The 80th anniversary of D-Day is not only a moment of remembrance but also a time for reflection on the lessons of history. The unity and cooperation displayed by the Allied forces underscore the importance of international collaboration in the face of adversity. In a world still grappling with conflict and division, the spirit of D-Day reminds us that together, we can overcome even the most formidable challenges.

As we honor the heroes of June 6, 1944, let us also reaffirm our commitment to the principles they fought to defend. Freedom, equality, and the pursuit of peace remain as vital today as they were eight decades ago.

Conclusion

On this 80th anniversary of D-Day, we stand in awe of the bravery, sacrifice, and determination of the men and women who changed the course of history. Their legacy is a beacon of hope and a call to action for all who believe in the enduring power of freedom. Let us remember, honor, and strive to live up to the example set by the heroes of D-Day, ensuring that their sacrifice was not in vain.

Navigating the Waters Safely

Fri, 31 May 2024 16:18:21 GMT

The Importance of Life Jackets in South Carolina Boating

South Carolina, with its extensive coastline, numerous lakes, and winding rivers, offers some of the best boating experiences in the southeastern United States. Whether it's a leisurely cruise on Lake Murray, fishing in Lake Hartwell, or exploring the coastal waters of Charleston, boating is a beloved pastime for many South Carolinians. However, as with any water-based activity, boating comes with its risks, and one of the most significant safety concerns is the alarming rate of boating accidents. Understanding the importance of life jackets is crucial in mitigating these risks and ensuring a safe and enjoyable experience on the water.

The Reality of Boating Accidents in South Carolina

Boating accidents in South Carolina are more common than many realize. According to the South Carolina Department of Natural Resources (SCDNR) , there are hundreds of boating incidents reported annually, resulting in numerous injuries and fatalities. In 2023 alone, there were over 150 reported accidents, leading to 25 fatalities . These incidents are often due to a combination of factors, including operator inexperience, excessive speed, alcohol consumption, and failure to adhere to safety protocols.

The Role of Life Jackets in Preventing Tragedies

One of the simplest yet most effective ways to prevent fatalities in boating accidents is the use of life jackets. Statistics from the United States Coast Guard (USCG) indicate that drowning is the leading cause of death in boating accidents, and the majority of drowning victims were not wearing life jackets at the time of the incident. In South Carolina, the story is no different—most boating-related fatalities could have been prevented if the victims had been wearing life jackets.

Life jackets, also known as Personal Flotation Devices (PFDs), are designed to keep individuals afloat in the water, significantly increasing their chances of survival in the event of an accident. They are particularly crucial in scenarios where individuals are knocked unconscious, as the PFDs help keep their heads above water until rescue arrives.

South Carolina Boating Laws and Life Jacket Requirements

South Carolina law mandates that all children under the age of 12 must wear a USCG-approved life jacket while on board a vessel that is under 16 feet in length. Additionally, there must be a readily accessible life jacket for every person on board any vessel, regardless of its size. Despite these regulations, compliance is often an issue, with many boaters either neglecting to wear life jackets or failing to have them readily accessible.

Why Boaters Should Prioritize Life Jacket Use

Increased Survival Rates : The most compelling reason to wear a life jacket is the significantly increased chance of survival in the event of an accident. Life jackets are designed to keep you buoyant and your head above water, which is critical if you're injured or unconscious.

Protection Against Hypothermia : In cooler waters, life jackets can provide some insulation, helping to delay the onset of hypothermia while you await rescue.

Legal Compliance : Wearing a life jacket ensures that you are in compliance with South Carolina boating laws, avoiding potential fines and penalties.

Setting a Good Example : Wearing a life jacket encourages others on your vessel, especially children, to do the same. It sets a positive example and fosters a culture of safety.

Tips for Choosing the Right Life Jacket

Proper Fit : Ensure the life jacket fits properly. It should be snug but not too tight, and it should not ride up over your chin or face when you lift your arms.

Type of Activity : Different life jackets are designed for different activities. Make sure to choose one that is appropriate for your specific boating activity.

USCG Approval : Always check for USCG approval on the label to ensure the life jacket meets safety standards.

Condition: Regularly inspect your life jacket for wear and tear. Replace it if you find any damage that could compromise its effectiveness.

Conclusion

Boating in South Carolina can be an incredibly rewarding experience, but safety should always be the top priority. The use of life jackets is a simple yet crucial measure that can save lives. By understanding the risks and adhering to safety protocols, including the consistent use of life jackets, boaters can enjoy the waters of South Carolina with peace of mind. Remember, the best life jacket is the one you wear—don’t leave shore without it.

Surge in Accidents During Memorial Day Weekend

field@dunawayfirm.com (Field Dunaway) — Fri, 24 May 2024 14:56:42 GMT

Preparing for dangerous roadways during the 'Start of Summer'

Memorial Day weekend, a time to honor fallen soldiers, also marks the unofficial start of summer in the United States. Families and friends gather for barbecues, beach trips, and various outdoor activities. Unfortunately, this period of celebration and remembrance often coincides with a significant increase in road accidents, particularly involving motorcycles and automobiles. Understanding the reasons behind this surge can help in taking preventive measures to ensure a safer holiday weekend.

The Statistics: A Sobering Reality

Memorial Day weekend consistently sees a spike in road accidents compared to other times of the year. According to the National Safety Council (NSC) , an estimated 400-500 people are killed in traffic accidents over the three-day weekend each year. Motorcycle accidents, in particular, tend to be more severe due to the lack of protective barriers that cars offer. The National Highway Traffic Safety Administration (NHTSA) reports that motorcyclists are 22 times more likely to die in a crash than those in passenger cars.

Contributing Factors

Several factors contribute to the increase in road accidents during Memorial Day weekend:

Increased Traffic Volume

The extended weekend prompts millions of Americans to hit the road, whether for a short getaway or a long-distance trip. The surge in vehicles leads to congested roads, increasing the likelihood of collisions.

Alcohol Consumption

Memorial Day celebrations often involve alcohol. Unfortunately, this leads to a higher incidence of drunk driving. The NHTSA notes that nearly 40% of traffic fatalities during Memorial Day weekend involve alcohol-impaired drivers.

Distracted Driving

With more people traveling, distractions such as smartphones, GPS devices, and interactions with passengers become more prevalent. Distracted driving is a leading cause of accidents, as it significantly impairs reaction time and situational awareness.

Inexperienced Drivers

The holiday weekend attracts many younger, less experienced drivers to the roads. Inexperience can lead to poor judgment and slower reaction times in critical situations, increasing the risk of accidents.

Weather Conditions

Late May often brings unpredictable weather, with sudden rainstorms or high winds that can create hazardous driving conditions. Motorcyclists are particularly vulnerable to these changes, as wet or slick roads can cause loss of control.

Prevention Tips for a Safer Memorial Day Weekend

While the statistics may be daunting, several steps can be taken to reduce the risk of accidents:

Plan Ahead

Planning your route and departure time can help avoid peak traffic hours. Consider using apps that provide real-time traffic updates to steer clear of congested areas.

Avoid Alcohol

If you plan to drink, arrange for a designated driver or use ride-sharing services. Remember, even a small amount of alcohol can impair your driving abilities.

Stay Focused

Minimize distractions by setting your GPS before you start driving and keeping your phone out of reach. If you need to make a call or send a message, pull over safely.

Drive Defensively

Be aware of other drivers and anticipate potential hazards. Maintain a safe following distance, and always use your signals when changing lanes or turning.

Check Weather Conditions

Before setting out, check the weather forecast for your route. If adverse conditions are expected, consider delaying your trip until the weather improves.

Gear Up

For motorcyclists, wearing appropriate safety gear, including helmets, gloves, and protective clothing, can make a significant difference in the event of an accident.

Conclusion

Memorial Day weekend should be a time of reflection and joy, not marred by tragedy. By understanding the risks and taking proactive measures, we can all contribute to safer roads and ensure that our celebrations honor the spirit of the holiday. Whether you're behind the wheel of a car or riding a motorcycle, remember that safety comes first. Let's make this Memorial Day weekend memorable for all the right reasons.

If you or a loved one is in an accident, please do not hesitate to contact us for a free consultation.

SC New DUI Law Update

field@dunawayfirm.com (Field Dunaway) — Fri, 17 May 2024 13:28:45 GMT

South Carolina’s New DUI Ignition Interlock Law: A Step Forward for Road Safety

On January 1, 2024, South Carolina took a significant step towards enhancing road safety with the implementation of a new DUI ignition interlock law. This legislation marks a crucial shift in the state's approach to handling DUI offenses, aiming to reduce drunk driving incidents and their devastating consequences.

What is an Ignition Interlock Device?

An ignition interlock device (IID) is a breathalyzer installed in a vehicle that requires the driver to blow into it before starting the engine. If the device detects a blood alcohol concentration (BAC) above a preset limit, usually 0.02%, the vehicle will not start. Additionally, periodic retests are required while driving to ensure continuous sobriety.

Key Provisions of the New Law

The new law mandates the installation of ignition interlock devices for all individuals convicted of driving under the influence (DUI) in South Carolina. Here are the key components:

Mandatory Installation : All DUI offenders, including first-time offenders, must install an IID in their vehicles. This is a shift from previous laws that required IIDs only for repeat offenders or those with a BAC of 0.15% or higher.

Duration : The duration for which the IID must be used varies based on the severity of the offense. First-time offenders are required to use the device for six months, while repeat offenders might need it for a year or more.

Monitoring and Reporting : The IID records data on BAC levels and attempts to start the vehicle. This data is periodically reviewed by monitoring authorities to ensure compliance.

Costs : Offenders are responsible for the costs associated with the installation, maintenance, and monitoring of the IID. However, financial assistance programs are available for those who qualify based on income.

Penalties for Non-Compliance : Failure to install or tamper with the IID can result in extended use of the device, fines, and potential imprisonment.

The Rationale Behind the Law

The primary goal of this law is to enhance public safety by preventing DUI offenders from repeating their offenses. Drunk driving is a leading cause of road accidents, fatalities, and injuries in the state. By ensuring that convicted DUI offenders cannot operate a vehicle while intoxicated, the likelihood of repeat offenses is significantly reduced.

Impact on Road Safety

Studies from other states with similar laws have shown a reduction in DUI recidivism and alcohol-related crashes. For instance, states like Arizona and New Mexico saw a decline in alcohol-related traffic fatalities after implementing mandatory IID laws. South Carolina hopes to replicate these successes, ultimately saving lives and reducing the societal costs associated with drunk driving.

Public Response and Future Implications

The introduction of the new law has received mixed reactions. Advocates for road safety and victims' families have praised the law, emphasizing its potential to save lives and reduce repeat offenses. Critics, however, argue about the financial burden it places on offenders and question the fairness of mandatory IIDs for first-time offenders.

As the law comes into effect, it will be crucial to monitor its implementation and impact. Lawmakers and public safety officials will need to address any challenges that arise, such as ensuring accessibility to financial assistance programs and maintaining robust monitoring systems.

Conclusion

South Carolina's new DUI ignition interlock law represents a proactive approach to tackling drunk driving. By mandating IIDs for all DUI offenders, the state aims to create safer roads and reduce the tragic consequences of drunk driving. As the law takes hold, its success will be measured in lives saved and a reduction in DUI-related incidents, marking a significant stride towards a safer South Carolina.

Let’s continue to support measures that promote responsible driving and protect our communities from the dangers of impaired driving. Together, we can make our roads safer for everyone.

What is a "Personal Injury"?

Tue, 28 Nov 2023 15:51:23 GMT

Let's Simplify this Legal Term

What exactly is a personal injury?

Personal injury is a type or sector of the law, and one that we have passionately practiced at this law firm for decades now with great results. It is a term you may hear people or lawyers throw about and you may be asking yourself what exactly constitutes a personal injury that could give rise to a lawsuit.

Examples of personal injuries can include:

Slip and fall accidents.
Car accidents.
Medical malpractice.
Dog bites.
Assault and battery.
Product liability (injuries caused by defective products).
Workplace accidents.
Nursing home abuse.
Defamation (slander or libel).
Premises liability (injuries that occur on someone else's property).

Personal injuries can encompass a wide range of physical, emotional, or financial harm caused by the negligence or intentional actions of others. If you or a loved one has been injured in one of the aforementioned ways, it is important that you seek legal counsel to help you determine your options for recovery through the legal system, and most importantly, it is important that you act quickly so you do not miss the statute of limitations in which a lawsuit can be filed.

The Dunaway Law Firm manages insurance claims and files lawsuits on behalf of injured individuals to ensure that they receive the compensation they deserve following a car wreck, work injury, product defect incident, slip and fall, and many other events which the client could not control. Whether you have been injured at work, in a car wreck, motorcycle accident, through medical malpractice, or negligence of a medical facility or nursing home you entrusted with your care, you need to speak to a lawyer. There are remedies and avenues concerning personal injuries that an attorney can take through the legal system to hold those accountable who have left you injured.

We encourage you to reach out to discuss your personal injury with us and have your free initial consultation. Personal injury claims at our practice are handled on a contingency basis which means, we don’t get paid unless you do. We will not bill you by the hour while handling your case and we do not get paid until the case has been resolved.

Do not delay and call 864-224-1144 if you have a potential personal injury claim.

Why Not to Hire a TV Lawyer

Fri, 17 Nov 2023 19:21:24 GMT

Don't Risk A Better Settlement Because of a Catchy Ad

As an attorney, I have the utmost respect for those in my profession who have taken an oath to serve clients. It is simply the way of the world, however, that we must help others to understand how we differ as professionals and business owners, whether we conduct ourselves marketing as TV lawyers or by being an attorney of the people in a more traditional approach. For over 30 years, the Dunaway name has hung outside of our law firm in downtown Anderson. As my father, the late Thomas W. Dunaway, III would always say, when you come to 514 S. McDuffie Street, you get a real lawyer. To him and to me, that meant a reputable attorney who works diligently using traditional methods of accountability, relationships, and good old fashioned "lawyering" to get the best results for clients. We help our community, take pride in representing the people who have seen us putting in the work for their friends, family, and acquaintances, and fight tooth and nail for the injured, wronged, wrongfully accused, or those needing a lawyer to navigate life's struggles.

At the Dunaway Law Firm, we handle many personal injury lawsuits, wrongful death lawsuits, and criminal legal matters because we have a proven track record and reputation with those in the State of South Carolina. Our firm has accomplished getting millions of dollars in settlements and awards, but you won't find us boasting about it with a catchy telephone number. If you or your family member has been injured in a car wreck or auto accident, or he/she was hurt on the job and potentially may have a workers' compensation claim, or of the utmost sadness, you've lost a family member in what may be circumstances constituing a wrongful death lawsuit, I urge you to consult with an attorney who sends his/her kids to school in the County with which you live, who you can find at his/her office, and who frequents the steps of your local courthouse.

If you are considering hiring an attorney, here is just a little bit of advice from a guy who will look you in the eye and give you a firm handshake at every visit. At Dunaway Law Firm, you are never a number or a settlement value, you are a respected and cared for client.

Below are the reasons to avoid hiring a TV lawyer who handles personal injury, wrongful death, or workers' compensation.

Sensationalism: TV lawyers often advertise their services with dramatic or sensational tactics, which can create unrealistic expectations about the outcome of your case. Real legal matters are often more complex and require careful consideration, not just flashy marketing.
Volume-Based Practices: Some TV lawyers run high-volume law practices, taking on a large number of cases at once. This can result in less personalized attention to your case and potentially lead to rushed or inadequate legal representation.
Lack of Local Expertise: TV lawyers may have a national or regional presence, but they might not have the local expertise and knowledge necessary to navigate the specific legal requirements and nuances of your area.
Inexperienced Attorneys: In some cases, TV lawyers may have less-experienced associates handling cases, which can be concerning if you're expecting the seasoned legal representation that was advertised.
Fees and Expenses: Some TV lawyers charge high fees, which may not be commensurate with the level of service provided. You should be aware of all fees and expenses upfront and consider whether they align with your budget.
Misleading Promises: TV lawyers sometimes make promises or guarantees that can't be fulfilled, which may lead to disappointment and frustration.
Limited Access to Your Attorney: With TV lawyers, it's possible that you may have limited access to your attorney, making it challenging to get updates on your case or ask questions.
Cookie-Cutter Approaches: Some TV lawyers use one-size-fits-all approaches to legal cases, which may not be suitable for the unique circumstances of your case.
Conflict of Interest: If a TV lawyer is representing clients with similar cases, there may be a conflict of interest, potentially leading to prioritization of certain cases over others.
Less Control Over Your Case: TV lawyers may dictate the course of action for your case, potentially taking decisions out of your hands.

While not all TV lawyers are problematic, it's essential to do your due diligence when considering legal representation. Dunaway Law Firm has been helping injured clients who have been involved in various personal injury scenarios and workers compensation claims for decades. Do yourself a favor and hire someone to represent you in your claim who is experienced with fighting the insurance companies, handling medical claims, and who has proven results. The many millions we have recovered on behalf of our clients speaks for itself and we treat each person who hires us like they have the only case we are working on, though we navigate a multitude of them at one time.

Loss of Wages When You're Injured

Fri, 10 Nov 2023 13:07:21 GMT

Losing Pay is Hard and Documenting Your Wages Lost is Important for Your Personal Injury Claim

Loss of wages is an important factor to consider in personal injury claims, workers' compensation cases, and other legal matters where financial compensation is sought. When pursuing compensation for loss of wages, it typically involves calculating the actual earnings an individual would have made had they been able to work, considering factors like their hourly wages or salary, the number of hours they typically work, and the duration of their absence from work.

What should you keep or gather to help with your claim?

It's important to document and provide evidence of the loss of wages when making a claim or seeking compensation, including pay stubs, tax records, and medical documentation, depending on the circumstances.

The Dunaway Law Firm is skilled at recovering damages for those who are injured including loss of wages. It is important that you hire a lawyer who can calculate and determine what you are entitled to and argue your claim for you with the insurance companies to include all variables and your losses.

What is a Wrongful Death Lawsuit?

Thu, 02 Nov 2023 14:07:09 GMT

Wrongful Death Lawsuits: What they are and who can recover damages?

Wrongful death is when someone loses their life because of something another person or a company did wrong. It could be a car accident caused by someone not paying attention while driving, a mistake made during a medical procedure, or even a dangerous product that a company sold. In these cases, the person or entity responsible for the actions that led to the death can be held legally accountable for the loss of life. The Dunaway Law Firm is highly skilled in assessing each unique claim regarding a potential wrongful death suit and we are prepared and able to handle the legal process so you may focus on grieving those loved ones you have lost.

What can be recovered financially?

The damages recovered in a wrongful death lawsuit may include compensation for various losses, such as:

Medical and funeral expenses related to the deceased's final illness or injury.
Lost financial support, including the income the deceased would have provided to the family.
Loss of companionship and emotional support experienced by surviving family members.
Pain and suffering of the deceased before their death.
Punitive damages (in some cases) if the responsible party's actions were particularly egregious.

Who is entitled to receive money?

The distribution of wrongful death damages in South Carolina typically follows a specific order of priority, with the funds awarded going to the deceased person's surviving family members. Below is a general overview of how the distribution is structured in South Carolina:

Surviving Spouse and Children: In South Carolina, the compensation is typically awarded first to the surviving spouse and children. If there is no surviving spouse, all of the money is to go to the children. If the deceased had no children but did have a living spouse at the time of death, the spouse would receive the entire award.
Surviving Parents: If there is no surviving spouse or children, the compensation may go to the deceased person's parents.
Heirs: If there are no surviving spouse, children, or parents, the compensation may be distributed to other heirs of the deceased, such as siblings or other close family members.

It's important to note that South Carolina law can be quite specific about the distribution of wrongful death damages, and the details may vary depending on the circumstances of the case and the relationships between family members. It is important that you hire an attorney who understands these complexities and can navigate the laws pertaining to wrongful death claims and the distribution of any monies awarded or given through settlement. Dunaway Law Firm offers a free legal consultation to every individual and we can determine for you if you have a claim for wrongful death in the wake of losing your loved one.

The statute of limitations for wrongful death in South Carolina is three years from the date of death. If you suspect a death of your family member was caused by the wrongdoing or negligence of a person or company, you should contact our office immediately. Initial consultations are free and confidential. Call us today at (864) 224-1144.

Critical Steps to Protect Yourself After A Wreck

Tue, 31 Oct 2023 13:43:03 GMT

You Were in A Wreck, Now What?

In this post, we will guide you through the critical steps you need to take after a car wreck. Car accidents can be traumatic and disorienting, but knowing what to do in the aftermath can make the recovery process smoother and less stressful.

Call 911 : In the immediate aftermath of a car accident, the first step is to check if everyone involved is okay, and then dial 911. Whether it's a minor fender-bender or a major collision, reporting it to the police is crucial for legal and insurance purposes.
Exchange Contact & Insurance Information : Next, you should exchange contact and insurance information with the other party. This includes phone numbers, addresses, insurance companies, and policy numbers. It's important to have these details for future reference and for your insurance claim.
Gather Evidence : Gathering evidence at the scene of the accident is another vital step. Take photographs of the accident scene, including vehicle damage, license plates, and any relevant road conditions or signage. It's also crucial to keep a copy of the police report for your records.
Do Not Admit Fault : While it may be tempting to apologize or take blame at the scene, it's important to avoid admitting fault. Let the authorities determine fault based on evidence and witness statements. Even if you feel you may have contributed to the accident, there may be factors you are unaware of that influenced the incident.
Contact Your Insurance Company : Notify your insurance company that you have been involved in an accident as soon as possible. They can guide you through the claims process and provide information on what to expect next.
Seek Medical Attention : Even if you don't feel seriously injured, it's a good idea to see a doctor after a car accident. Some injuries may not be immediately apparent and could become serious if left untreated. It's always better to be safe than sorry. It is important that you follow any instructions given to you by the healthcare provider and go for any follow-up visits or appointments with that provider or other doctors as recommended.
Document the Accident : Keep records of all insurance communications, medical bills, treatment, and any other expenses related to the accident. This documentation can be useful in your insurance claim and any legal proceedings that may follow.
Contact an Attorney : Lastly, consider contacting an attorney. They can provide guidance on your legal options and ensure you receive the compensation you deserve. The Dunaway Law Firm has over 40 years experience representing those injured in car wrecks and we can make sure you get the compensation you deserve.

For more assistance, feel free to contact Dunaway Law Firm at 864.224.1144 or visit our website at www.dunawayfirm.com. We have years of experience in assisting individuals navigate post-accident processes and we are ready to help you too.

Help Your Case: What to Keep After Your Wreck

Tue, 17 Oct 2023 16:21:38 GMT

Documents and Items You Should Maintain

If you've been involved in a car accident and are considering hiring a lawyer to help you with a personal injury claim, there are several documents and pieces of information you should gather to assist your attorney in building your case. Here's a list of important documents to collect:

1. Accident Report : Obtain a copy of the official police report or incident report if one was filed. This document will contain essential details about the accident, including the location, time, and a preliminary assessment of fault.

2. Insurance Information : Gather your insurance policy information and that of the other driver(s) involved in the accident. This includes insurance companies' names and policy numbers.

3. Medical Records : Collect all medical records related to your injuries. This includes records from the emergency room, hospital, doctors' visits, and any specialists you've seen. Document the names and contact information of all medical providers.

4. Medical Bills : Keep copies of all medical bills, invoices, and receipts related to your treatment. This includes hospital bills, pharmacy receipts, and bills for any medical equipment you needed.

5. Photographs : If you or someone at the scene took photos of the accident, vehicles, injuries, or any other relevant details, provide those to your attorney.

6. Witness Information : Gather the names and contact information of any witnesses to the accident. Their statements may be valuable in establishing what happened.

7. Communication Records : Keep records of all communications related to the accident, including emails, text messages, and letters with insurance companies, the other driver, and any witnesses.

8. Repair Estimates : If your vehicle was damaged in the accident, collect repair estimates, bills, and records related to the vehicle's repair.

9. Lost Wages : If you've missed work due to your injuries, document your lost wages, including pay stubs, time off requests, and any communication with your employer regarding your absence.

10. Photographs of Injuries : Take photographs of your injuries as they heal or progress. These photos can be essential for documenting the extent of your injuries.

11. Expert Opinions : If you've consulted with medical experts or other specialists, gather their reports and opinions. Typically, we handle hiring experts to assess your medical condition and what happened, but you may have already begun working with someone in the medical field to establish causation. If so, let us know!

12. Insurance Correspondence : Save copies of all correspondence with your own insurance company, including claim forms and communication about your injuries and coverage.

13. Notes and Diary : Maintain a diary or notes about your recovery process, pain levels, and how the accident has affected your daily life. These notes can help your lawyer understand the impact of your injuries.

By gathering these documents and pieces of information, you'll provide your attorney with the necessary tools to evaluate and build your personal injury case effectively. Consult with your lawyer for specific guidance on what documents they require for your particular situation.

As a client, we will help you gather any necessary documents to help assess and build your personal injury claim, but the more proactive that the client is on the front end, the easier it is to make the necessary evaluations and move forward efficiently and quickly to handle your case and hold those accountable to working with us!

Injured? Don't Face Insurance Companies Alone

Sun, 08 Oct 2023 16:45:02 GMT

42 Years as Anderson’s Most Trusted Law Firm

Insurance is something we all need, yet it's also something many of us don't fully understand. This can lead to a variety of insurance problems, and we find many clients are given bare minimum offers and outright denials until we get involved. When these issues arise, it's essential to have a trusted law firm on your side, one that understands the complexities of injuries, medical bills, and insurance adjusters, and who can help you navigate the system.

Why Choose Us?

With 42 years of experience, we proudly stand as Anderson’s most trusted law firm. Our longevity in the industry is not just a testament to our experience and expertise, but also to our commitment to serving our clients. We understand that insurance issues can be stressful and overwhelming, and we're here to lighten that burden.

Our team specializes in dealing with various insurance issues. We take the time to understand your unique situation and work tirelessly to find the best solution for you. We take care of the insurance company so you can take care of healing.

Our Approach

Every case is unique, and we treat it as such. Our approach is tailored to the individual needs of each client. We take the time to understand every aspect of your case, from the details of the insurance policy to the specifics of the dispute. This enables us to build a strong case that is designed to achieve the best possible outcome for you.

We believe in open communication and transparency. From the moment you engage our services, we keep you informed every step of the way. We're always available to answer your questions and address your concerns. Our goal is to make the legal process as straightforward and stress-free as possible for you.

If you're dealing with injuries or insurance headaches, don't face them alone. Let us put our 42 years of experience to work for you. Get in touch with us today at 864.224.1144. We're here to fight for the justice you deserve.

Slip & Fall Cases in South Carolina

Fri, 07 Apr 2023 14:25:30 GMT

Slip and fall accidents are a common occurrence in South Carolina, and can result in serious injuries that have long-term effects on a person's life. In many cases, these accidents occur due to the negligence of property owners who fail to maintain safe conditions for their visitors. If you or a loved one has been injured in a slip and fall accident in South Carolina, it's important to understand your legal rights and options for seeking compensation.

The legal concept of premises liability applies in slip and fall cases, which means that property owners have a duty to maintain safe conditions on their premises and to warn visitors of any potential hazards. If they fail to do so, they can be held liable for any injuries that result from their negligence. However, proving liability in a slip and fall case can be challenging, as it requires demonstrating that the property owner knew or should have known about the dangerous condition and failed to take action to correct it.

In South Carolina, the statute of limitations for filing a personal injury lawsuit is three years from the date of the accident. This means that if you wait too long to file a claim, you may lose your right to seek compensation. It's important to act quickly after a slip and fall accident to gather evidence and document your injuries, as this can help to support your case.

To build a strong case in a slip and fall lawsuit, it's important to work with an experienced personal injury attorney who understands the legal nuances of premises liability cases. Your attorney can investigate the circumstances of your accident, gather evidence, and negotiate with insurance companies on your behalf. If necessary, they can also represent you in court and argue for your right to compensation.

If you've been injured in a slip and fall accident in South Carolina, don't hesitate to seek legal help. A skilled personal injury attorney can help you to navigate the complex legal system and fight for the compensation you deserve. With their help, you can focus on your recovery and move forward with your life after a challenging and painful experience.

Call Dunaway Law Firm, LLC (864-224-1144) if you have been injured in a slip & fall accident

Dunaway Law Firm, LLC Joins Forces With Upstate Freedom Fighters and Traci Fant

Tue, 24 Jan 2023 16:06:15 GMT

www.freedomfightersupstate.com

Dunaway Law Firm, LLC has partnered with Freedom Fighters to review cases of all kinds where individuals have been harmed or wronged, and we are proud that Traci has selected us to guide those hurting through the legal process and help in any way possible. Dunaway Law Firm, LLC has an open door policy and stands behind Freedom Fighters in seeking justice for individuals of all backgrounds. We handle all kinds of personal injury and wrongful death cases and it doesn't cost you anything if we don't win your case.

Go to their website and check out the great community work this organization does for the citizens of South Carolina and beyond. Below is a a snippet about this great non-profit and what they are about.

WE ARE THE VOICE FOR THE VOICELESS

Freedom Fighters upstate SC is a volunteer-based organization based in Greenville SC that consists of dedicated individuals who have joined together to promote peace, unity and justice for all on both a local and national level. Freedom Fighters is an organization developed by Traci Fant. The organizations name "Freedom Fighters" was chosen due to the fact that Traci was given the nickname Freedom Fighter by nationally known civil rights leader Rev. Jesse Jackson Sr.

Freedom Fighters will work with individuals and groups throughout the Upstate to host rallies, marches, protest and sit ins to help shift the weight of injustice and be a voice for the voiceless. Freedom Fighters will also raise awareness to the issues that effect our community by distributing handouts and facilitating events to encourage others to take a stand against the issues that negatively affect the community. Freedom Fighters will encourage citizens – both young and old – to take responsibility for their communities and be the voice of reason and change the community needs.

Dunaway Law Firm, LLC Is Proud To Partner With Element Of Freedom

Tue, 24 Jan 2023 14:48:30 GMT

Check them out by clicking on the link below.

www.elementoffreedomcc.com

What You Should Do After A Car Wreck?

field@dunawayfirm.com (Field Dunaway) — Fri, 16 Dec 2022 15:47:35 GMT

Car Wreck Do's and Don'ts!

Steps to take after a car accident:

1. Check for injuries, including shock . Call 911 or *HP if injuries are present; an ambulance and police will be dispatched. We recommend you seek medical

treatment immediately.

2. If your car is not driveable or you/others have been severely injured, do not try to move your car. Should neither of these conditions apply, move your car

to a safe place that’s out of traffic.

If your car is in drivable condition and you are not severely injured, you are obligated to move your car out of traffic.
Once you’ve moved your car, make sure it is entirely off the road. Put it in park, turn it off, and turn on your hazard lights.
Create a safe area around your car using cones or flares if you are able to and have the materials on-hand.

3. If you did not call 911, call the police (for both minor and major accidents). The South Carolina Highway Patrol (803) 896-7920 investigates nearly all

motor vehicle accidents unless they take place within the city limits of a particular town. The police will write an official traffic collision report (called and

FR-10/TR-310) that can be helpful when dealing with insurance companies later on.

Many insurance companies will request a traffic collision report when evaluating your accident.
Police reports can contain a lot of information, from where the accident occurred to names and numbers to diagrams of the scene. While you will want to collect similar information for verification, this report can be invaluable if you are unable to do so due to injuries or dangerous conditions.

4. DO NOT ADMIT GUILT TO ANYONE , even if you think you are at-fault.

5. Minimize speaking to the other driver outside of gathering information.

While it may be tempting to duke it out with the other driver, don’t.
The same goes for if the driver or witnesses are very friendly.
Misspoken words or admissions of fault can be used against you at a later date.

6. When speaking to the police, be cooperative and exact. Do not embellish, guess, or speculate.

7. Gather documentation, including:

Names, phone numbers, and insurance information (name and policy number) of all individuals involved in the accident, including passengers
The make, model, year, and driver’s license number of all cars involved
Names and phone numbers of eyewitnesses, as well as their statements (if possible).
Police officer’s name, phone number, and badge number
Police report number
Your own personal notes, either recorded or written
The date, time, and location of the accident
The directions you and the other drivers were traveling in

8. Take pictures from different distances and angles, including photos of:

Interiors and exteriors of the vehicles involved
The scene of the accident (a full 360 degrees)
Nearby skid marks, vehicle parts, potholes, road signs, construction signs, shattered glass, traffic signals, etc.
Damaged property
Your injuries and the injuries of your passengers (as well as those of other parties, if you have their consent)
Driving conditions (rain, fog, etc.)

9. Sign police documents if necessary, but DO NOT SIGN INSURANCE DOCUMENTS before speaking with your lawyer.

10. Call an experienced South Carolina personal injury/car accident lawyer. A skilled car accident lawyer in the Upstate can make a huge difference in the

outcome of your case.

Don’t know what to do after a car accident? Call The Dunaway Law Firm, LLC

Few of us have the presence of mind (or the legal training) to know exactly what to do after a car accident.

The car accident lawyers at Dunaway Law Firm, LLC have decades of experience helping clients and their families navigate the complex legal framework of car accident cases. Our firm has an extensive network of expert witnesses and specialists, including accident reconstructionists experts which we can leverage to strengthen your case.

Work with some of the best legal representation our country has to offer. To request a free consultation, call the Dunaway Law Firm, LLC at 864-224-1144 today or visit our website at www.dunawayfirm.com

Family Of Boy Who Was Electrocuted By Power Line Settles Suit For $4M

Tue, 11 Aug 2020 17:33:57 GMT

The family of a 13-year-old boy who was electrocuted after a metal pole that he was playing with touched a low-hanging power line has settled a lawsuit with the at-fault power company for $4 million, according to court documents.

Dunaway Law Firm is a personal injury law firm in Anderson, South Carolina .

The boy, Brayden Williford, was playing in a friend’s yard in Anderson County in October 2019 when they discovered metal poles behind a barn and began using them to mimic Olympic pole vaulters, according to a lawsuit filed in Anderson County Circuit Court. Williford’s pole came in contact with a live power line owned and maintained by Little River Electric Co-Op, which was hanging 13.9 feet off the ground.

Williford went into cardiac arrest, and despite efforts by EMS workers to revive him at the scene, was pronounced dead at a hospital an hour later.

The National Electric Safety Code requires that power lines hang no lower than 18.5 feet above the ground, according to the family’s complaint.

“This case was more about damages than it was about liability because it was crystal clear that the power line was hanging too low,” said Thomas “Field” Dunaway IV of Anderson, who represented the boy’s parents along with his father, Thomas Dunaway III, who recently passed away.

“Power companies have an obligation to reasonably inspect and repair their electrical lines in order to discover and remedy hazards and defects. Electricity is not only dangerous, even deadly, but it is invisible, noiseless, and odorless, rendering it impossible to detect the presence of the peril until the fatal work is done.”

Dunaway said that if the cooperative had had an adequate line inspection program in place, it would have easily noticed the defect. He said that as result of the lawsuit, the co-op overhauled their line inspection program.

“This case is another painful reminder about the dangers of electricity and the heightened duty of care that attaches to companies who are in business of supplying such a commodity,” Dunaway said. “Although no amount of money can ever replace a human being, especially an innocent child, the family did not want to further litigate this case and have to endure the painful memories of what happened to Brayden.”

Brad Waring of Butler Snow in Charleston, who represented the co-op, said that the lines were too low because at some point, something had struck the power line’s guy wire, a tensioned cable which adds stability to poles, making the lines sag.

“It was a horrible, tragic accident,” Waring said. “We are glad to bring it to a conclusion, and the family can move on.”

Tom Wills of Wills, Massalone and Allen in Charleston mediated the settlement, which was agreed to on July 24.

Follow Bill Cresenzo on Twitter @becresenzonsclw

SETTLEMENT REPORT – WRONGFUL DEATH

Amount: $4 million

Injuries alleged: Death by electrocution

Name of Case: Williford v. Little River Electric Co-Op

Court: Anderson County Circuit Court

Case number: 2020-CP-04-01219

Mediator: Tom Wills of Wills, Massalone and Allen in Charleston

Date of settlement: July 24

Most helpful experts: Edward Brill of Ft. Lauderdale, Florida (electrical engineering)

Attorney for plaintiff: Thomas “Field” Dunaway IV and Tom Dunaway III of Anderson

Attorney for defendant: Brad Warring of Butler Snow in Charleston

Dunaway Law Firm

514 S McDuffie St

Anderson, SC 29624

(864) 224-1144

https://www.dunawayfirm.com/

Thomas Dunaway IV Named Top 40 Under 40

Thu, 27 Feb 2020 20:55:00 GMT

The National Trial Lawyers Announces Thomas Dunaway IV as One of Its Top 40 Under 40 Civil Plaintiff Trial Lawyers in South Carolina

The National Trial Lawyers is pleased to announce that Thomas Dunaway IV of Dunaway Law Firm in Anderson has been selected for inclusion into its Top 40 Under 40 Civil Plaintiff Trial Lawyers in South Carolina, an honor given to only a select group of lawyers for their superior skills and qualifications in the field. Membership in this exclusive organization is by invitation only and is limited to the top 40 attorneys in each state or region who have demonstrated excellence and have achieved outstanding results in their careers in either civil plaintiff or criminal defense law.

The National Trial Lawyers is a professional organization comprised of the premier trial lawyers from across the country who have demonstrated exceptional qualifications in criminal defense or civil plaintiff law. The National Trial Lawyers provides accreditation to these distinguished attorneys, and also provides essential legal news, information, and continuing education to trial lawyers across the United States.

With the selection of Thomas Dunaway IV by The National Trial Lawyers: Top 40 Under 40, Mr. Dunaway has shown that he exemplifies superior qualifications, leadership skills, and trial results as a trial lawyer. The selection process for this elite honor is based on a multi-phase process which includes peer nominations combined with third party research. As The National Trial Lawyers: Top 40 Under 40 is an essential source of networking and information for trial attorneys throughout the nation, the final result of the selection process is a credible and comprehensive list of the most outstanding trial lawyers chosen to represent their state or region.

To learn more about The National Trial Lawyers, please visit: http://thenationaltriallawyers.org/.

Attorneys Recover Fees For School Shooting Video Request

Wed, 21 Aug 2019 15:36:08 GMT

The attorneys representing the estate of a Townville boy who was shot and killed at school have recouped $16,815 in attorneys’ fees for their work requesting the school video of the shooting through the Freedom of Information Act, the attorneys report.

Field Dunaway and Tom W. Dunaway of Dunaway Law Firm in Anderson represent the estate of Jacob Hall, who was shot at Townville Elementary School in 2016, in a wrongful death civil case against the Anderson County Sheriff’s Office and Anderson County School District 4. Hall was taken to the hospital after the shooting and died three days later.

The Dunaways requested the school surveillance video of the shooting, which the 10th Circuit Solicitor’s Office refused, even after the shooter, Jesse Osborne, pleaded guilty. The Dunaways argued that under the Victims’ Bill of Rights, they should have access to the video.

In September 2018 Anderson County Circuit Judge Lawton McIntosh issued an order for the release of the video footage. The Dunaways filed a motion for payment of attorneys’ fees in December.

Field Dunaway said with all the work the firm put into the FOIA request and subsequent back-and-forth document preparation, the settlement was worth about half of what it actually cost their office.

“We fought like hell for it,’” Dunaway said, of the video. The FOIA statute provides for attorneys’ fees, and the Dunaways decided to file a motion for those, too.

Dunaway said they hope to give the settlement money back to the Townville community somehow, either with a memorial in Hall’s honor or purchasing extra trauma kits for schools. He said the case should establish a precedent for governments to comply with reasonable FOIA requests: people shouldn’t have to file suit to file a request.

“It was just more about having to make them pay something. It really wasn’t really the monetary amount that was important,” he said. “It was, kind of, just trying to teach them a lesson and trying to continue to set precedent for that government entities should comply with Freedom of Information Act requests that are valid. And this was valid. It was the victim’s estate that was requesting it.”

The attorney representing the 10th Circuit Solicitor’s office said the solicitor stands by his decision to refuse to release the video in what he described as a “gut-wrenching case.”

“The graphic video depicts a six year old being shot to death while his classmates and teachers watched in horror. The privacy interests of these individuals had to be protected,” Beattie Ashmore of Greenville said. “Once a protective order was entered, the video was immediately delivered to the plaintiffs.”

The pre-trial settlement in Anderson County Circuit Court was announced May 13.

Follow Renee Sexton on Twitter @BobcatRenee

SETTLEMENT REPORT — FREEDOM OF INFORMATION ACT

Amount: $16,815

Injuries alleged: Attorneys’ fees and costs

Case name: The Estate of Jacob Hall, by his Duly Appointed Personal Representative, Austin McDaniel v. 10th Judicial Circuit Solicitor’s Office

Court: Anderson County Circuit Court

Case No.: 2018-CP-04-00695

Judge: R. Lawton McIntosh

Date of settlement: May 13

Attorneys for plaintiff: Field Dunaway and Tom W. Dunaway of Dunaway Law Firm in Anderson

Attorney for defendant: Beattie Ashmore of Greenville

$ 250K Settlement Against School Bus Driver for Wrongful Death of Pedestrian Mother

Tue, 11 Jun 2019 14:47:53 GMT

Wrongful Death Settlement in Anderson, SC

Anderson, SC – Our attorneys reached a settlement in this case involving tragic circumstances. We represented the husband of a 46-year-old woman who was hit and killed by a passing motorist after her daughter boarded a school bus in the early morning hours of November 6, 2017. Our lawsuit alleged that the bus driver and the school district were negligent in failing to have proper policies and procedures in place to adequately warn nearby pedestrians and other motorists that the school bus was stopped and to use caution.

Click the link below to read more:

https://www.wspa.com/news/husband-files-suit-after-wife-hit-killed-at-school-bus-stop-in-2017/1211012108

Disclaimer – Prior results should not and cannot be relied upon to create any expectation about what can be recovered for a client in a subsequent case or considered as a description or characterization of the quality of the firm’s work. The value of every case is determined based on specific factual and legal circumstances, which vary considerably from case to case.

Thomas W. Dunaway IV Receives Martindale-Hubbell "AV" Rating

Thu, 30 May 2019 19:06:41 GMT

Martindale-Hubbell has recognized Thomas Whitfield Dunaway IV as “AV” rated, which is the highest rating attorneys can receive from their peers. Only lawyers with the highest ethical standards and professional ability receive a Martindale-Hubbell Peer Review Rating.

The Martindale-Hubbell Peer Review Ratings evaluates lawyers based on the anonymous opinions of members of the Bar and the Judiciary, including both those who are rated and those who are not. The first review to establish a lawyer’s rating usually occurs three years after his or her admission to the bar. Martindale-Hubbell conducts Peer Review Ratings surveys of lawyers across multiple jurisdictions and geographic locations in similar areas of practice as the lawyer bring rated. Reviewers are instructed to assess their colleague’s general ethical standards and legal ability in a specific area of practice.

The confidentiality, objectivity and complete independence of the ratings process are what have made the program a unique and credible evaluation tool for members of the legal profession. The legal community values the accuracy of lawyer peer review ratings because they are determined by their peers – the people who are best suited to assess the legal ability and professional ethics of their colleagues.

Martindale-Hubbell Peer Review Ratings were created in 1887 as an objective tool that would attest to a lawyer’s ability and professional ethics, based on the confidential opinions of other lawyers and judges who have worked with the lawyers they are evaluating.

Regarding The Estate of Jacob Hall’s Lawsuit Against Anderson School District Number 4 and the Anderson County Sheriff’s Office – Case No. 2018-CP-0401693

Thu, 30 Aug 2018 00:59:30 GMT

On Monday August 27, 2018, The Estate of Jacob Hall filed a civil lawsuit in State Court against Anderson County School District Number 4 and the Anderson County Sheriff’s Office for the wrongful death of little 6-year old Jacob Hall. Jacob was fatally shot in the leg by school shooter Jesse Osborne during a school shooting at Townville Elementary School on September 28, 2016. The lawsuit was filed by Tom and Field Dunaway of The Dunaway Law Firm in Anderson, SC who represent the parents and the Estate of Jacob Hall. The Hall family issued the
following statement in conjunction with the filing of the lawsuit:

“We feel this lawsuit is important so that other students in Anderson County can feel and actually be safer when they enter their classrooms in the morning. It is our deepest hope that this action will result in changes to how all Anderson County school districts respond to student safety in today’s society. We hope the heartbreaking loss of our little boy Jacob is not in vain and that meaningful action is taken by our state legislature to assure the safety and welfare of our children while they are at school. We share the public’s hunger for answers as to why this happened and how it could have been prevented. No student should ever go to school and not come home.”

The lawsuit alleges that in 2014 Tactical Medical Solutions, Inc. of Anderson offered to donate, free of cost, “Trauma Kits” which contained state-of-the-art tourniquets to every school district in Anderson County, including School District Number 4 where Townville Elementary School is located. The shooting of Jacob resulted in a serious injury to the femoral artery in his leg. To try and stop the bleeding, teachers and first responders tied a scarf around Jacob’s leg in an attempt to prevent further blood loss. There were no tourniquets or any other type of bleeding control devices at Townville Elementary School.

The suit states that certain persons for Anderson County’s Emergency Management Services Division attempted to receive personal monies for training school personnel on the use of these tourniquets even though Tactical Medical Solutions, Inc. had offered to provide such training on their proper use for free since early 2014. The free “Trauma Kits” that had been offered contained these life-saving tourniquets that could have saved Jacob’s life. However, he later succumbed to his injuries due to the massive amounts of blood he lost while waiting for the medical evacuation helicopter to arrive. One of these free tourniquets could very well have saved Jacob’s life but he never received that benefit or attention.

The Dunaway Law Firm stated: “the first-aid supplies and medical safety equipment available at Townville Elementary School on September 28, 2016 was close to non-existent and no doubt attributed to the tragic death of 6-year old Jacob Hall. This suit seeks to guarantee that all schools have the best first-aid and safety equipment available and to punish those whose greed and ignorance seeks to divert it. The teachers and school nurses did a tremendous job that day to save Jacob’s life with the equipment they had on-hand but a tourniquet could very well have saved his life and Jacob never received that benefit of the doubt.”

Wrongful Death Lawsuit Filed By Jacob Hall Estate

Wed, 29 Aug 2018 18:42:23 GMT

Originally Posted by WSPA 7NEWS

TOWNSVILLE, SC (WSPA) - The Estate of Jacob Hall has filed a wrongful death civil suit against Anderson Co. School District 4 and Anderson Co. Sheriff's Office.

Hall was shot in September 2016 at Townville Elementary by Jesse Osborne, according to investigators.

Two other students and a teacher were also shot.

Osborne is also accused of shooting and killing his father.

He has been charged as an adult .

The lawsuit alleges that Tactical Medical Solutions, Inc. of Anderson offered to donate Trauma Kits that contained a state-of-the-art tourniquet to every school district in Anderson Co.

It alleges that no tourniquet or any other type of bleeding control devices were at Townville Elementary.

It says Jacob had a serious injury to the femoral artery in his leg and teacher and first responders tied a scarf around his leg to try to prevent further blood loss.

They say a tourniquet could have saved Jacob's life.

It also alleges that persons for Anderson County's Emergency Management Services Division tried to receive personal money for training school personnel on the use of the tourniquets even though Tactical Medical Solutions offered to provide training for free.

"The Dunaway Law Firm stated: “the first-aid supplies and medical safety equipment available at Townville Elementary School on September 28, 2016 was close to non-existent and no doubt attributed to the tragic death of 6-year old Jacob Hall. This suit seeks to guarantee that all schools have the best first-aid and safety equipment available and to punish those whose greed and ignorance seeks to divert it. The teachers and school nurses did a tremendous job that day to save Jacob’s life with the equipment they had on-hand but a tourniquet could very well have saved his life and Jacob never received that benefit of the doubt.”

The family released the following statement:

"We feel this lawsuit is important so that other students in Anderson County can feel and actually be safer when they enter their classrooms in the morning. It is our deepest hope that this action will result in changes to how all Anderson County school districts respond to student safety in today’s society. We hope the heartbreaking loss of our little boy Jacob is not in vain and that meaningful action is taken by our state legislature to assure the safety and welfare of our children while they are at school. We share the public’s hunger for answers as to why this happened and how it could have been prevented. No student should ever go to school and not come home."

Anderson District 4 Superintendent Joanne Avery issued the following statement on Tuesday:

"I am unable to comment on the specifics of this lawsuit as it is a pending legal matter. I am confident in the legal process. This was and still is a horrible, tragic situation that resulted in the loss of a child and has forever changed the lives of so many. There is not a day that goes by that we don't think of Jacob, grieve his loss, think about his family, and all those who are still recovering from that traumatic day. The Townville community has lived through something that no one should, and they have responded with a profound sense of strength, love, courage, and resilience.

It is important to me as superintendent that students, parents, and the community know that safety is our number one priority. It was before September 28, 2016, on the day of September 28th, 2016, and each and every day after. Every person in Anderson 4 is committed to the care and safety of our students, including the staff at Townville. The staff and students at Townville were faced with a horrific situation and should be commended for their brave efforts.

My thoughts and prayers remain with the Hall family and everyone affected by this tragedy."

Estate Settles Electrocution For $3.25M

Thu, 17 May 2018 20:29:30 GMT

A mother who watched her teenaged daughter electrocuted by a fallen power line has settled her wrongful death lawsuit for $3.25 million, her attorneys report.

Ann Donald, the mother of 16-year-old Emily Rose Donald, sued Blue Ridge Electric Cooperative after Emily was killed after stepping outside her Liberty home on Jan. 2, 2014.

A Blue Ridge spokesman said the 7,200-volt power line fell after a squirrel touched the top of the pole, causing it to smolder for several hours before breaking.

Emily reportedly walked outside after seeing the fire in her front yard, and the wire made contact with her thigh.

One of the plaintiffs’ attorneys, Thomas “Field” Dunaway IV of Anderson, said that his firm sued BREC for wrongful death, survival action, conscious pain and suffering, and bystander liability because Ann Donald “watched the whole ordeal from a few feet away and could do nothing to save her daughter.”

Dunaway said that after one failed attempt at mediation, all parties sought out Tom Wills of Charleston, whose “expertise” led to the settlement.

“After 13 hours of back and forth between all parties, we finally agreed to settle the case for $3.25 million on Dec. 5, 2016,” Dunaway said. “This case was fought extremely hard by both sides and got very intense and personal at times.”

SETTLEMENT REPORT – WRONGFUL DEATH

Amount: $3,250,000
Case name: Bruce Byrholdt, as Personal Representative of the Estate of Emily Rose Donald v. Blue Ridge Electric Cooperative, Inc.
Court: Anderson County Court of Common Pleas
Judge: R. Lawton McIntosh
Mediator: Tom Wills of Charleston
Case No.: 2014-CP- 04-02629
Date of settlement: Dec. 5, 2016
Attorneys for plaintiff: Tom W. Dunaway III and Thomas “Field” Dunaway IV of Dunaway Law Firm; Mike Mullinax of Mullinax Law Firm; and Bruce Byrholdt of The Byrholdt & Drawdy Law Firm, all in Anderson
Attorney for defendants: Pope Johnson of Johnson & Barnette in Columbia

Fatal Crash Leads To $1.75M Settlement

Thu, 17 May 2018 20:22:38 GMT

The estate of a woman killed by an alleged impaired driver has settled the case for $1.75 million prior to the filing of a lawsuit, the plaintiff’s attorney reports.

According to Thomas “Field” Dunaway IV of Anderson, Loretta Pressley, 49, was driving along an Anderson County highway, buckled inside her Chevrolet TrailBlazer, on the morning of May 5. Behind her sat her 4-year-old grandson, properly restrained in his car seat.

In front of her, at about 9:10 a.m. , 29-year-old Jonathan Hamby of Piedmont crossed the centerline in his Ford F-350 pickup truck and smashed head-on into Pressley’s vehicle, killing her.

The child received serious but non-life-threatening injuries.

“Witnesses described the collision as sounding like a bomb and there was glass and vehicle parts flying everywhere,” Dunaway wrote in a statement to Lawyers Weekly.

Dunaway said that Hamby tested positive for marijuana and methamphetamine. Court records show that he was charged with DUI resulting in death and driving with a suspended license. He is currently free on bond.

At the time of the crash, Hamby was driving a truck owned by his employer, Krut Systems LLC. Witnesses reported seeing him “slumped over” in his seat shortly before the crash.

Dunaway said that Hamby’s work truck was insured by a combined single limits policy of $1 million and that policies owned by the victim and the child’s mother were also paid out.

Follow Heath Hamacher on Twitter @SCLWHamacher

SETTLEMENT REPORT – WRONGFUL DEATH

Amount: $1.75 million
Injuries alleged: Death
Case name: Settled before filing suit
Court: N/A
Judge: R. Scott Sprouse approved the settlement
Date of Settlement: Nov. 29
Attorneys for plaintiffs: Tom Dunaway III and Thomas Dunaway IV of Anderson
Attorneys for defendant: N/A

Fall from Golf Cart Leads to $435K Settlement

Fri, 04 May 2018 21:29:34 GMT

A man who visited a Ford dealership looking for a truck but left with two broken kneecaps has settled his personal injury lawsuit for $435,000, his attorney has reported.

According to an attorney for Randall Williamson, Thomas “Field” Dunaway of the Dunaway Law Firm in Anderson, Williamson, his wife, and his son went to Anderson Ford on Feb. 22, 2017, to look at a truck Williamson’s son was interested in buying. A salesman, defendant Shane Lear, pulled his golf cart beside the family and offered to drive them around the lot to look at trucks. As the 57-year-old Williamson was about to sit down on the rear-facing seat, Dunaway said, Lear “negligently” and “abruptly” accelerated, dragging Williamson 25 feet until he fell onto his knees, breaking both kneecaps.

Williamson alleged, among other things, that Ford failed to maintain a safe premises for the public and created a dangerous situation by allowing Lear to drive in a reckless manner. Video recordings provided by the dealership were helpful in establishing negligence, Dunaway said, making the case all about damages.

The initial demand, according to Dunaway, was $1 million.

“We agreed to mediate the case but stalled out at $220,000, so we agreed to resume mediation after a few more depositions were taken,” Dunaway wrote in an email. “The defense attorney, Denny P. Major, was a pleasure to work with and really helped expedite this settlement via email, avoiding the need to resume a second mediation.”

Dunaway said that because of his injuries, Williamson was unable to perform his job as the head of maintenance for an Anderson school district, a “huge deal and financial loss for his family.”

“They were struggling for the entire year that it took to settle this case,” Dunaway said.

SETTLEMENT REPORT — PERSONAL INJURY

Amount: $435,000

Injuries alleged: Two broken kneecaps

Case name: Randall Williamson v. Anderson Ford, LLC and Shane Lear

Court: Anderson County Court of Common Pleas

Case No.: 2017-CP-04-734

Judge: Settlement reached before hearing

Date of settlement: April 2

Attorneys for plaintiff: Tom W. Dunaway III and Thomas “Field” Dunaway IV of the Dunaway Law Firm in Anderson

Attorney for defendant: Denny P. Major of Haynsworth Sinkler Boyd in Greenville

Follow Heath Hamacher on Twitter @SCLWHamacher

'Man's Best Friend' Can Be Mean And Costly!

field@dunawayfirm.com (Field Dunaway) — Fri, 04 Aug 2017 19:33:08 GMT

There are 74.8 million dogs in the United States. Every 40 seconds someone in the U.S. seeks medical attention for a dog bite. Approximately 4.5 million Americans are attacked by dogs every year, with 800,000 of those attacks requiring medical attention. Dog bites send nearly 36,800 victims to the hospital emergency room every year (more than 100 per day).

Getting bitten by a dog is the 5th most frequent and common reason for visits to the emergency room (ER) by children. Dog-attack victims in the U.S. suffer more than $1 Billion in monetary losses every year. 20% of the reported attacks were by dogs that were chained or broke free from a chain. Dog bites are becoming more and more common because of the increase in dog ownership and interactions between people and dogs. Dog bites account for the 2nd highest number of injuries to children, behind only baseball and football. Nevertheless, what they lack in frequency, canine attacks make up for in horror, grief and loss.

For many years, South Carolina followed the general laws in the South inasmuch as we were a "1 free bite" state, which means that unless the dog that you owned had actually bitten one person before, you were not liable for the attack. In 1974, Chief Justice Bruce Littlejohn eradicated this traditional in the law by finding that the one-free-bite-rule was outdated. He said that dogs, in and of themselves, have vicious propensities and therefore the on-bite rule is abrogated. as a result, dog owners are therefore liable for their dogs and the resulting injuries when they bite people.

In 1986, Tom W. Dunaway III, an Attorney and Founder of the Dunaway Law Office, tried a case by the name of Mitchell v. Bazzle, 304 S.C. 402, 404 S.E.2d 910 (1991) in the Anderson County Court of Common Pleas. This case alleged that Jessica Mitchell, a minor child, who lived in a mobile home park known as Village Hill, was bitten and seriously injured by another tenant's (Bazzle's) dog. That tenant had no insurance as a practical matter and the only person who might have had some insurance to cover little Jessica's disfigurement injuries was the landlord of the mobile home park. An Anderson County jury awarded Jessica Mitchell $25,000 and her case was appealed to the SC Supreme Court. It ruled under the common law that the landlord could not be held liable for his tenant's dog even if he knew of the dog's vicious propensities. This case was very important because it led to the passage of the Residential South Carolina Landlord Tenant Act (RLTA), which allowed tenants for the first time to have certain real and delineated rights regarding their rental propertied from landlords. As a result of this case and others that followed, tenants in SC now have defined rights in many aspects when dealing with landlords and rental properties.

Now, under South Carolina law, a landlord can be held "strictly" liable when a tenant's dog injures another person while on property that is under the control of the landlord under a theory of vicarious liability. This means that an owner of a dog can be held liable when it bites and injures another person even if they did not know the dog would attack. Likewise, a landlord that allows for tenants to keep dangerous dogs and other animals on their property can also be held liable for failure to keep the premises under their control in a reasonably safe manner. A dog owner may be liable for such an attack IF:
(1) the injuries are caused when the owner's dog bites or otherwise attacks another person;
(2) the injured person was in a public place or common area or was lawfully on private property; and
(3) the injured person did not provoke the dog.

Of course, you take these injuries in light of the fact that under both Anderson County and Anderson City ordinances, a dog owner is required to have their pets on a leash, although this is rarely enforced. So how can you protect yourself when you're walking? Be sure that you have medical insurance coverage. Also, carry bear pepper spray (it shoots twice as far as mace) with you at all times. If you see dogs roaming around your neighborhood call the Anderson County Animal Control and/or notify your landlord immediately. Demand in writing that he remove the animal from your neighborhood.

Although you may recover from a dog bite injury through the dog owner or the landlord's insurance policy, dog bite attacks are extremely emotionally and physically damaging. If you believe you have been the victim of an unprovoked dog attack or an attack from any other dangerous animal, please contact the Dunaway Law Office at (864)-224-1144 or by visiting us at www.dunawayfirm.com .

SC Driver's License and Point System for Driving Offenses

field@dunawayfirm.com (Field Dunaway) — Fri, 30 Jun 2017 15:30:07 GMT

South Carolina's Driving Point System

South Carolina utilizes a numeric point system to manage drivers on state roads. Under this system, each point serves as a punishment against your license to drive, and if you receive too many points (12 pts) during a certain time period, your license can and likely will be suspended.

When a SC driver receives 12 or more points on their license, their driver's license will automatically be suspended by the Department of Motor Vehicles (DMV). However, certain driving related offenses like Driving Under the Influence (DUI) require a mandatory driving suspension and are not included under the point system.
NOTE: The SCDMV may assign more points AND automatically suspend your license for receiving certain traffic tickets while driving a commercial vehicle with a CDL (commercial driver's license).

When you receive 6 points or more against your license, the SCDMV will mail you a written WARNING notice. The length of time your license will be suspended is dependent upon the number of points you have accumulated against your license. For example:

12 to 15 points = suspended for 3 months
16 or 17 points = suspended for 4 months
18 to 19 points = suspended for 5 months
20 or more points = suspended for 6 months

How long do the points stay on my license?

Points don't stay on your license forever because they only have a "half-life". The SC Department of Motor Vehicles reduces each driving violation point total by half each year. This means that 1-year old points are cut in half each year, and 2-year-old points are removed completely as long as you don't get anymore violations during this period. So, say you receive a violation worth 4 points. The DMV will remove 2 of those points after 1 year, and the other 2 after 2 years.

If you plead guilty or are convicted by a judge (bench trial) or by a jury (jury trial) of certain traffic offenses, you will penalized a certain number of points against your license depending on the type of driving violation. Below are some of the main driving offenses people often find themselves charged with along with the number of points each offense carries: See ( http://www.dmv.org/sc-south-carolina/point-system.php )

Reckless Driving - 6 pts
Hit & Run w/ Property Damage - 6 pts
Speeding 10 mph or Less - 2 pts
Speeding b/t 10 & 25 mph - 4 pts
Speeding Over 25 mph - 6 pts
Failure to Yield Right of Way - 4 pts
Passing Unlawfully - 4 pts
Disobeying any Traffic Control Device - 4 pts
Failing to give Signal when Stopping or Turning - 4 pts
Driving too Fast for Conditions - 2 to 6 pts (depending on Officer's discretion)
Passing Unlawfully - 4 pts
Driving on Wrong Side of the Road - 4 pts
Unlawful Lane Change - 2 pts
Following Too Closely - 4 pts
Failing to Dim Headlights - 2 pts
Operating with Improper Lights - 2 pts
Improper Brake Lights - 4 pts
Driving Left of Center - 2 pts
Improper Backing - 2 pts
Operating Vehicle in Unsafe Condition - 2 pts

Can I do anything to get points back on my license? YES

South Carolina Defensive Driving Options

Defensive driving courses, also known as "Traffic School" courses, are designed to make you a better driver and give you point credit back to your license once they are completed. These course may allow you to:

- Deduct points from your driving record
- Dismiss a traffic ticket or satisfy a court requirement
- Earn a car insurance discount

Typically, you'll be able to choose between taking an online class or one in a classroom at a location near you. These 8-hour courses must be taken in South Carolina and points may only be reduced 1 time in a 3-year period. The class MUST be approved by the National Safety Council's "Defensive Driving Course". For a complete list of South Carolina DMV - approved traffic schools please visit the South Carolina Department of Motor Vehicles website.

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