South Carolina native Allen Clardy established The Clardy Law Firm in Greenville in 1995 and works to help people recover from personal injury trauma by getting them compensation for their injuries. He shares with Legal Desire how he and his fellow personal injury lawyers go about helping victims, what their concerns are as they start cases — and what to do if you’re hit by a deer. 

How has your firm managed during the pandemic? Has there been a fall-off in cases or different types of cases?

We have implemented a computer program that lets us sign documents needed for representation electronically. In addition, we have various web-based meeting platforms to “see” people when such a time is needed. So there’s no need for a person to have an in-person interview to begin a case or if requested, the entire time of representation. 

As far as the number of cases we are fortunate enough to work on, it has always been a law practice that fluctuates up and down, though we did see a significant drop-off in the spring of last year, at the outset of the pandemic. 

Your firm specializes in personal injury law. What kinds of injuries make up the bulk of your caseload? 

First, we can’t use the term “specialize” under our Bar ethics rules here in South Carolina — so I’m not agreeing to that term. Second, spinal injuries make up the majority of our cases. It ranges from cervical whiplash, bulging discs, nerve impingement to a herniated disc. Though each case is different and is treated in its own unique way. While cases have similarities in the law, everyone deserves to be treated as individuals. It’s true that our law firm’s entire caseload deals with injuries — no real estate closings, divorces, or criminal matters are handled here at The Clardy Law Firm, PA. We practice in one area: injury work.

You also handle workers’ compensation claims. What are some of the typical cases you deal with in terms of what happens to people at work that leaves them injured?

Work injuries are some of the most devastating that can occur to a person and his or her family. Oftentimes, a person is hurt and won’t seek treatment or hire an attorney because he or she may feel they could get fired from the job.  Plus, under South Carolina law, there are elements that a work injury cannot recover for — like pain and suffering — that if that person had the same injury in a car wreck, would be covered. It is a very structured area of the law.

Do your investigators, Jeff Flynn and Brad Colson, uncover many cases of insurance fraud? 

So over the years, there have certainly been times during a new client meeting when we have felt uncomfortable with the version of an incident that we are being told, though it really is not frequent. I think that we have developed a reputation as a law firm of being hardworking and honest people, and any sort of foolishness is not going to be handled by us. 

When people come to you with a potential case, what are they most worried or concerned about, and how do you address their fears? 

A client’s injuries and concerns are different with each case. But some of the most common questions clients have are: how to pay for medical treatment, protect their credit from a hospital visit, and how to continue paying bills if they are out of work from the injury — all serious concerns and ones that we shoulder to try and solve for the client.

South Carolina has a large deer population — estimated around 730,000 — and there were over 3,000 deer-vehicle collisions in 2019, many during the breeding season, from October to November, when deer move around more. As your firm handles such cases, what are the impacts of these collisions?

Most of the time, there is no recovery for deer-related incidents which cause injuries because the driver did nothing negligent — it was simply the wrong place at the wrong time. 

But if a passenger was injured from a deer incident where the driver was, for example, speeding in excess of 20 mph over the limit, that may give rise to conduct which caused the accident to occur. But absent some bad-driver conduct, then it really is just bad luck for all involved. I really don’t know how to limit deer and car collisions. After all, South Carolina is a very rural state.

 

What’s your view of self-driving cars? Do you foresee a new area for personal injury claims with these semi-autonomous vehicles, and is there a need for specific, new legislation to cover collisions?

I have never been behind the wheel of a self-driving car, so I have no personal experience regarding that issue. But I did recently see a trooper video of a man asleep behind the driver’s wheel as it was going down the highway. There is no way that sort of conduct can be acceptable, and it should be punished with a more severe sentence — like a DUI — because of community safety. 

As someone who has lived in South Carolina all their life and has strong ties with local communities, how important is it for your clients that they have an attorney who lives and works in the state compared to a large, nationwide law firm that may have its office in New York or elsewhere?

There are many fine law firms that have multi-state offices and work as a large corporation. To me, hiring an attorney who lives in your neighborhood and gives back to the community is just more professional and good for the local area. 

I feel the same about small, locally owned businesses that are not law firms. Working with people who are invested in your community, and don’t see it just as a way to make a profit, seems to be more in line with how I feel it should work for the good of everyone. 

 

What are some of the worst cases you’ve seen in terms of injuries and the physical and emotional trauma people have had to suffer?

Since beginning the practice of law in 1995, I have seen some horrific injuries and dealt with tragic ways people have suffered and even died. But if I had to answer what the hardest and most emotional case is, it would be when a child dies. It’s just a pain that you know will never end for my clients. And as a parent, it’s heartbreaking.

The statute of limitations for personal injury claims in South Carolina is three years, with some exceptions, compared to two years in places like Texas. Are people sometimes tempted to put off making a claim because they think they have lots of time, only for time to run out and they’ve missed the deadline? 

People do miss the three-year statute of limitations, but I think that’s a rare event. Three years is a lot of time for a person to work through their healing and consider hiring an attorney or presenting a claim.

Compensation settlements — what’s the biggest you’ve seen, and what was it for?

Over the years, I have been involved in several multimillion-dollar cases. Because of attorney-client privilege issues, I cannot go into the details, but suffice it to say that large settlements or verdicts have one thing in common— really bad injuries.  

And I have never met a person who would go through the sort of pain and impairment that those larger cases earn if given a choice. The old saying of “health is the most important thing” is very, very true.

 

What do you like most about being a lawyer?

Helping people. I didn’t even have to think about that one. I get a lot of satisfaction and self-worth out of solving clients’ problems. I feel fortunate that I’m in a position to do so. I love being an attorney and am thankful for the opportunities I have.