Advocacy, Experience, Results

To determine if you have a strong case for personal injury or wrongful death in South Carolina, Attorney Davis will start by assessing the evidence surrounding your situation. A personal injury or wrongful death claim typically hinges on establishing negligence, meaning we must prove the other party’s actions or failure to act directly caused harm.

In a personal injury case, evidence showing that you sustained injuries due to another person’s negligence, such as in a car accident or a slip and fall on unsafe property, can strengthen your claim. For wrongful death, we need to demonstrate that a loved one’s passing was due to negligence or misconduct, such as medical malpractice, a fatal car accident, or a workplace accident. In either type of case, key elements include duty, breach of duty, causation, and damages:

1. Duty – The responsible party must have had a legal duty to act or refrain from acting in a way that would harm others. For instance, drivers have a duty to drive safely and follow traffic laws, while property owners must keep premises safe for visitors.
2. Breach of Duty – We then establish that the responsible party breached this duty. A driver violating traffic rules or a property owner neglecting dangerous conditions on their property would constitute a breach.
3. Causation – It must be proven that the breach of duty directly caused the injury or death. This means showing a clear link between the other party’s actions (or lack thereof) and the harm suffered.
4. Damages – Finally, we need to demonstrate that the injury or death resulted in damages, which can be physical, emotional, or financial. In wrongful death cases, this can include lost financial support, loss of companionship, and funeral expenses.

South Carolina allows for various forms of compensation, also known as damages, in personal injury and wrongful death cases. 

• Economic damages cover tangible losses such as medical expenses, lost income, and funeral costs. 
• Non-economic damages compensate for pain, suffering, loss of companionship, and other intangible effects. 
• Punitive damages: In some cases where gross negligence or willful misconduct is proven, the court may also award punitive damages to punish the wrongdoer and discourage similar behavior.

To maximize the success of your case, Attorney Davis will conduct a thorough review of your situation, help you document all relevant details, gather supporting evidence, and advise you throughout the legal process. 

By taking a detailed and diligent approach, she ensures each aspect of the case is fully explored and expertly presented for the best possible outcome under South Carolina law. 

For more guidance on your potential case, Attorney Davis is ready to answer your questions and discuss next steps. Please give us a call at (803) 833-0008.

If you decide to pursue a personal injury or wrongful death claim in South Carolina, Attorney Davis will guide you through each step of the legal process to ensure your case is strong and that your rights are protected. 

The process in South Carolina generally includes the following stages:

1. Initial Consultation and Case Evaluation
   The first step involves an in-depth review of your case to assess the facts and determine its viability. Attorney Davis will review evidence such as police reports, witness statements, medical records, and other documents that can establish liability and damages. South Carolina law requires clear evidence that the other party’s negligence caused the injury or death, so gathering solid documentation early on is essential.
2. Demand Letter and Negotiations
   After compiling evidence, Attorney Davis will prepare a demand letter detailing the nature of the claim, including injuries sustained, damages incurred, and the compensation you seek. This letter will be sent to the at-fault party or their insurance company. Negotiations often follow as insurance companies may initially offer a lower settlement. Having experienced representation helps to push for a fair amount that aligns with the full extent of your losses.
3. Filing a Lawsuit
   If a fair settlement cannot be reached, the next step is filing a lawsuit. South Carolina law has a three-year statute of limitations for personal injury and wrongful death claims, meaning you must file within three years from the date of the injury or death to retain your right to sue. Attorney Davis will handle all aspects of this filing, from drafting the complaint to ensuring deadlines are met.
4. Discovery Phase
   During discovery, both parties exchange information, gather evidence, and conduct depositions. This phase can reveal critical information to strengthen your case. Discovery may include medical records, expert witness testimonies, and documentation on the damages you have sustained, including loss of income, medical expenses, and emotional suffering.
5. Mediation and Settlement Discussions
   South Carolina courts often encourage mediation as an alternative to trial. In mediation, a neutral third party helps both sides reach a mutually acceptable settlement. Attorney Davis will represent your interests, negotiating on your behalf to ensure any settlement reflects the full scope of your losses and aligns with South Carolina law.
6. Trial
   If mediation does not result in a fair settlement, your case may proceed to trial. At trial, each side presents its evidence and arguments before a judge or jury, who will then determine liability and award compensation. Attorney Davis is experienced in representing clients in court and will build a compelling argument to present your case, seeking maximum compensation.
7. Appeals, if Necessary
   If either side disagrees with the trial’s outcome, they may appeal the decision. Attorney Davis will advise on this process and represent you through any necessary appeals, though appeals are typically pursued only when there is a clear legal basis.

South Carolina law allows victims of personal injury or wrongful death to recover economic and non-economic damages. 

• Economic damages might include medical expenses, lost wages, and funeral expenses in wrongful death cases. 
• Non-economic damages may compensate for pain, suffering, and loss of companionship. 
• In cases involving gross negligence, South Carolina courts may also award punitive damages to punish the wrongdoer and prevent similar behavior.

Throughout this process, Attorney Davis provides clear guidance, helps navigate complex procedures, and ensures your case is pursued efficiently and effectively. 

To learn more about how Attorney Davis can assist you in every step of your personal injury or wrongful death claim, please give us a call at (803) 833-0008.

Attorney Davis approaches criminal defense cases with a hands-on, client-centered strategy, ensuring that every client receives her dedicated attention and a tailored defense strategy. 

Her experience on both sides of the legal system—previously working as a public defender and an assistant solicitor—gives her a unique advantage in understanding how prosecutors build cases. This insight allows her to anticipate prosecution strategies and develop strong counterarguments.

When handling criminal defense cases, Attorney Davis begins with a comprehensive review of all available evidence. She carefully examines police reports, witness statements, and any other evidence the prosecution may use. 

With her background in trial proceedings and plea negotiations, she can identify any weaknesses or procedural errors in the prosecution’s case that may benefit her clients. Her proactive approach often includes filing motions to dismiss evidence obtained unlawfully or negotiating favorable plea deals when appropriate.

Clients working with Attorney Davis can expect regular communication and transparency throughout the process. She believes in keeping clients informed, explaining legal options in clear terms, and making sure clients understand each step of the process. 

From arraignment through trial or plea negotiations, Attorney Davis’s primary goal is to protect her client’s rights and work toward the best possible outcome, whether that means a case dismissal, reduced charges, or a not-guilty verdict at trial.

At L. Sherril Law, Attorney Davis offers compassionate, direct support for clients facing criminal charges and is committed to upholding justice and fighting for each client’s future. Contact her at (803) 833-0008 to discuss how she can defend your rights.

Establishing essential legal documents like a will, power of attorney, or advance healthcare directives in South Carolina involves a few key steps, and each document serves its own unique purpose in safeguarding your wishes. 

Here’s a comprehensive look at the process for setting up these documents and guidance on when to review or update them.

Step 1: Assessing Your Goals and Gathering Information

The first step in creating a will, power of attorney, or advance directive is to assess your personal goals and financial situation. 

Begin by listing out assets such as real estate, investments, bank accounts, personal property, and other valuables. This inventory provides a foundation for determining how assets will be distributed, managed, or used in accordance with your wishes.

• Will: Decide who will inherit your assets, who should serve as guardian for minor children, and who will be the executor (the person managing your estate).
• Power of Attorney (POA): Choose a trusted person (the agent) to manage your finances and property. Establish a POA to allow someone else to act on your behalf now or in the future.
  
• Healthcare Advance Directives: Outline preferences for medical treatment if you cannot communicate them yourself, such as life-sustaining measures, pain management, and organ donation.

Step 2: Consulting with an Attorney

While it’s possible to draft these documents without legal help, South Carolina law has specific requirements for each document to be legally binding. 

Consulting with an attorney, like Attorney Davis, helps ensure your documents meet legal standards, reduce the chance of future challenges, and address complex situations. 

Your attorney will guide you through what each document entails, explain South Carolina’s legal stipulations, and clarify any questions you have.

Step 3: Drafting Each Document

Once you have a plan, your attorney will draft each document according to your wishes.

• Last Will and Testament: Your will outlines who will inherit your property, who will oversee the distribution, and any specific instructions regarding family heirlooms, real estate, or personal effects. You may also name a guardian for minor children.
• Power of Attorney (POA): South Carolina allows you to set up a durable or non-durable POA. A durable POA remains effective even if you become incapacitated, while a non-durable POA ceases if you are no longer able to make decisions. You’ll designate an agent and specify their powers, such as managing real estate, handling bank accounts, or filing taxes.
• Advance Directives (such as a Living Will): These documents cover your healthcare wishes. Ensure your family understands which medical treatments you would desire in case of the unexpected illness or injury. Additionally, create a Living Will (a type of advance directive) to specifically address end-of-life treatment. You can outline whether you’d want life-prolonging measures like mechanical ventilation, tube feeding, or resuscitation under various circumstances.

Step 4: Executing the Documents

Each document must be signed according to South Carolina law for it to be valid. Requirements include:

• Witnesses: A will requires two witnesses who are at least 18 years old and are not beneficiaries or related to beneficiaries.
• Notarization: While not strictly necessary, notarizing a will can make the probate process smoother. A POA and a living will typically require notarization.
• Safe Storage: Once signed, keep your documents in a safe, accessible place, such as a fireproof home safe or with your attorney. Inform trusted family members of the documents’ locations so they’re accessible if needed.

Step 5: Reviewing and Updating Regularly

Life changes, and so should your legal documents. The general recommendation is to review your will, POA, and living will every three to five years or after significant life events, such as:

• Marriage or Divorce: A new marriage may necessitate adding a spouse as a beneficiary or executor, while a divorce will likely require removing an ex-spouse.
• Birth or Adoption of a Child: Update your will to name a guardian and provide for the new family member.
• Change in Financial Status: An increase in assets or the acquisition of new property may prompt a revision to how your assets are distributed.
• Health Changes: A major illness may necessitate changes to your living will or healthcare directives in line with your current wishes.

Importance of Regular Updates and Reviews

Regularly updating these documents is vital to avoid probate complications, ensure that assets are distributed according to your wishes, and confirm that your chosen agents or beneficiaries reflect your current situation. 

South Carolina’s legal processes can be straightforward if documents are kept updated, minimizing potential challenges from heirs, the court, or others.

How Attorney Davis Can Assist

At L. Sherril Law, Attorney Davis guides clients through each step of establishing and updating these essential documents. She takes the time to understand your personal goals, help you evaluate each decision, and ensure that every document is executed in compliance with South Carolina law. 

Contact Attorney Davis at (803) 833-0008 to set up a consultation and take the steps to secure your future today.

If your insurance company denies or undervalues your first-party claim, there are several steps you can take to challenge the decision and work toward a fair resolution. 

First-party claims, which involve claims filed directly with your own insurance company, often cover losses such as property damage, personal injury, or medical expenses under your homeowner’s policy.

1. Review the Denial Letter Carefully: Start by reviewing the denial letter from your insurer. This letter should explain the reason for the denial or the basis for the reduced payout. It may cite specific policy language, limitations, exclusions, or procedural reasons. Understanding the insurer’s reasoning will help you determine your next steps.
2. Gather Documentation and Evidence: Collect all documents and evidence related to your claim. This includes photographs, police reports, medical records, receipts, and any other information relevant to your case. If the insurer is disputing the amount of your claim, having a complete record of expenses and damages will strengthen your position.
3. Request a Detailed Explanation from the Adjuster: Sometimes, contacting the adjuster who handled your claim and asking for a more thorough explanation can clarify matters. If there was a miscommunication or an error in documentation, you may be able to resolve the issue directly by providing additional information.
4. File an Internal Appeal with Your Insurer: Most homeowner’s insurance companies have an internal appeals process for claim denials or undervalued claims. Contact your insurer to learn about their appeals process, deadlines, and the information they need. Be thorough in your appeal and address the reasons for denial or undervaluation with supporting evidence. Include any additional documents you believe strengthen your case.
5. Get an Independent Appraisal or Estimate: If your insurance company disputes the amount of damages or undervalues your claim, obtaining an independent appraisal or estimate can support your position. For example, if your home is damaged, an independent professional assessment may reveal a higher repair cost than the insurer’s estimate, which can be useful if you need to negotiate or litigate the claim.
6. Contact the South Carolina Department of Insurance: If your insurer continues to deny or undervalue your claim, you can file a complaint with the South Carolina Department of Insurance. This department investigates claims of unfair practices and can sometimes help resolve disputes between policyholders and insurers.
7. Consult with an Attorney Experienced in First-Party Claims: If the insurance company still refuses to pay fairly, consulting with an attorney who specializes in first-party claims is a valuable next step. Attorney Davis can evaluate your case, advise you on your rights, and represent you in negotiations or court if necessary. Legal intervention can pressure insurers to reassess their decision, especially if they risk being found in breach of contract or liable for bad faith practices.
8. Prepare for Litigation if Necessary: If all other efforts fail, you may have grounds to file a lawsuit against your insurance company for breach of contract or bad faith. In South Carolina, insurance companies are required to act in good faith and deal fairly with policyholders. If an insurer fails to do so—such as by denying a valid claim without reason, misrepresenting policy terms, or delaying the claim process excessively—they may face penalties and be held liable for damages, including potential punitive damages.

These steps help ensure that you have the best chance of receiving the compensation you’re entitled to under your policy.

Contact Attorney Davis at (803) 833-0008 to set up a consultation and take the steps to secure your future today.

Choosing the right attorney is an important decision, and ensuring a good fit can make all the difference in the quality and comfort of your legal journey. 

Attorney Davis brings a unique, client-focused approach that sets her apart from other attorneys, offering personal connection, transparency, and tailored expertise for each client’s individual needs.

One-on-One Attention and Direct Communication

One of the most significant aspects of Attorney Davis’s approach is her commitment to personal connection. As a solo practitioner, she prioritizes one-on-one communication, which means that every client has direct access to her rather than being passed off to an assistant or paralegal. 

From the first consultation through the resolution of a case, Attorney Davis personally handles each aspect of her clients’ matters. This personal approach fosters trust and allows clients to feel confident that their legal concerns are fully understood and addressed.

Client-First Philosophy and Tailored Solutions

Attorney Davis’s client-first philosophy means that she takes the time to get to know each client’s unique needs and goals. Rather than offering a standard solution, she takes an individualized approach to build a legal strategy that is specific to each client’s circumstances. 

Whether it’s a personal injury claim, wrongful death, criminal defense, or estate planning, she tailors her approach to align with the client’s desired outcomes, always working to minimize stress and prioritize their well-being.

Extensive Background in Criminal Law and Personal Injury

Attorney Davis brings a wealth of experience, having worked as both an Assistant Public Defender and Assistant Solicitor. Her time in these roles provided her with extensive courtroom experience and a deep understanding of criminal defense from both sides of the courtroom. 

This dual insight gives her clients an advantage, especially in cases where understanding the opposition’s strategy can make a substantial difference. 

Additionally, she has achieved notable success in personal injury and wrongful death cases, recovering millions of dollars in settlements for clients and continuously fighting for fair compensation with determination and compassion.

Transparency and Advocacy

Many clients are drawn to Attorney Davis’s emphasis on transparency. She believes that clients should always feel informed about what’s happening with their cases. 

Attorney Davis takes the time to break down complex legal processes and provide honest assessments of each case, setting realistic expectations while ensuring clients understand their rights and options. 

Her dedication to transparency makes clients feel empowered and confident throughout their legal journey.

Empathetic and Responsive Representation

Empathy and responsiveness are core principles of Attorney Davis’s practice. She understands that legal matters, especially those involving personal injury, wrongful death, and criminal charges, can be overwhelming and emotional. 

Attorney Davis’ clients frequently note her compassionate approach and attentive listening, as she understands that each client’s experience is personal and deserves to be treated as such. 

She responds to calls, emails, and concerns promptly, keeping communication open and accessible, so clients know they’re fully supported from start to finish.

Dedication to Results and Reputation for Excellence

Clients looking for an attorney who combines experience, empathy, and results find Attorney Davis’s approach refreshing and effective. 

Her track record speaks to her dedication to achieving the best possible outcomes for her clients, whether that’s a favorable settlement, a not-guilty verdict, or a well-crafted estate plan. 

She brings tenacity to every case and works tirelessly to protect her clients’ rights and achieve their goals.

Find Out if Attorney Davis Is the Right Fit for You

If you’re considering legal assistance in South Carolina, and want an attorney who will offer personalized, dedicated, and skilled representation, schedule a consultation with Attorney L. Sherril Davis at L. Sherril Law. 

Her client-focused approach, combined with her extensive experience, transparency, and unwavering commitment, sets her apart from other attorneys. 

Call (803) 833-0008 to arrange a time to discuss your legal needs with Attorney Davis and discover firsthand why clients trust her with their most critical cases.