PRACTICE AREAS

Our Practice Areas

Welcome to the law firm of Mooneyham Berry, LLC. Located in Greenville, South Carolina. With a combined experience of over 40 years, we represent clients all over the state of South Carolina. We pride ourselves on representing the injured when they are forced to face the practices of insurance companies, large corporations or government agencies. Our team of attorneys and staff work closely with each client to help insure that their rights are protected.

Medical Negligence

If a physician, nurse, or other healthcare provider fails to provide receive reasonably competent diagnosis, care or treatment, that failure is medical negligence or malpractice.

If medical negligence directly harms a patient, that patient may have a claim against the provider of the care, or against the provider’s employer.

There are procedural requirements that injured parties must comply with in order to begin a medical negligence case. Those requirements include the filing of a Notice of Intent to File Suit and the filing of an expert affidavit. The Notice of Intent process does not apply to any other type of litigation in South Carolina.

Mooneyham Berry has successfully litigated medical negligence issues against neurosurgeons, gynecologists, general surgeons, ophthalmologists, pediatricians and other physicians and may be able to assist you.

Automobile Collisions

Drivers are required to operate their automobiles with reasonable care. The failure to do so constitutes negligence.

If you or a loved one has been injured by a negligent driver, we may be able to assist in reimbursement for medical expenses, recovery of lost wages, and recovery of damages for pain and suffering.

We have represented clients who lost loved ones as a result of the negligent operation of cars, trucks and motorcycles, and have litigated for clients suffering with every injury from soft tissue injuries to broken bones to traumatic brain injury.

Before you sign any agreement to resolve a claim resulting from an automobile collision, please consult with an attorney to ensure that your rights are protected.

Nursing Home Abuse & Neglect

If a physician, nurse, or other healthcare provider fails to provide receive reasonably competent diagnosis, care or treatment, that failure is medical negligence or malpractice.

If medical negligence directly harms a patient, that patient may have a claim against the provider of the care, or against the provider’s employer.

Defective Products

Defective and dangerous products cause nearly 30 million injuries and more than 20,000 deaths in this country each year, according to the latest statistics compiled by the United States Consumer Products Safety Commission.

In South Carolina, there are multiple theories of liability against a manufacturer or distributor of a defective product. The first called strict liability, provides that manufacturers and sellers of dangerously defective products are liable to those injured by those products for actual damages.

Manufacturers and sellers of products in South Carolina also warrant the safety and usefulness of the products that they place into the stream of commerce. Some of those warranties are express, and some are implied, either by the conduct of the seller or by the notion that no seller would sell a product that was not reasonably safe and useful.

In addition, if a product is defective because the manufacturer or seller was careless in designing or manufacturing it, or in marketing it, a person injured by its failure would have a claim for both actual and punitive damages.

If you believe you have a defective product claim, feel free to contact us for a free consultation We would be happy to discuss the situation with you further.

Governmental Liability

Employees of governmental agencies, including police officers, teachers, sheriff’s deputies, and others, may be liable for the injuries they cause, either under state law, called the South Carolina Tort Claims Act, or under federal law. Claims under federal law may arise pursuant to 42 USC §1983.

If you or a loved one has been injured by a governmental employee, please feel free to schedule a free consultation.

Family Law

Marriages and divorces are very complex events, each having its own unique set of facts and circumstances. The process of divorce can be simple or complicated, based in large part on how the individuals involved interact. The more the parties can agree to, without the necessity of litigation, the easier the process will be.

The Family Court is a court of “equity”. The objective of the Family Court judge is to resolve the domestic matter, whatever the issues may be, with the fairest results possible, within the guidelines set forth by the law.

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Disputes involving custody can be very complicated and can take an emotional and financial toll on everybody involved, including the children. South Carolina does not have a presumption in the law that minor children should be awarded to either the father or the mother. Custody determinations are made based on the standard known as the “best interest of the minor child.” What is in the “best interests” of a minor child is not easy to define or to determine. Factors the court will consider in making a custody determination include fitness of the parents, including which parent has been the “primary caretaker” of the children; conduct of the parents; and stability of the parents. Depending on the age and maturity level of the children involved in the custody dispute, the Court has discretion to consider their preferences. In most contested custody cases, the Court will require a Guardian ad Litem be appointed to investigate the case, as the “eyes and ears of the court” and provide the Court with as much information as possible to assist the Court in determining what is the minor child’s best interest. The Guardian ad Litem is an advocate for the minor child and not either the father or the mother. However, the Court will require that parents to pay the Guardian ad Litem’s fees and costs.

South Carolina defines marital property as all real and personal property that is acquired by the parties during the marriage, except for property that is (1) inherited by a party, (2) owned by a party before the marriage, (3) gifted to a party by a third-party, or property that is acquired by an exchanged of property described in (1) (2) and (3), that is still owned at the time the litigation is commenced, regardless of the how the property is titled. Division and allocation of the marital property and debts is done according to the rules of equitable apportionment set forth in S.C Code §20-7-742. Identifying the marital estate and but one issue. Once the asset and debts are identified, they must be “valued”, which can be complicated, depending the asset.

Spousal Support is often an issue when a marriage dissolves. Alimony or spousal support is the financial support paid by one spouse for the support of the other spouse. There are several different types of alimony that can be awarded, based on the individual facts and circumstances of each case. There is no set formula for calculating alimony and it can be difficult to predict if a spouse will be awarded alimony. The factors the Court will consider in determining whether to award alimony are set forth by statute in S.C. §20-3-130.

Regardless of the type of domestic case, the Court will have to be involved at some point in the process. If the parties are not able to resolve their issues, the Court will make a determination and in cases where the parties are able to resolve their issues by reaching an agreement, the Court will need to approve that agreement. It is important to understand that only the Court can grant a divorce and that no agreement is enforceable by the Court unless the agreement has been approved by a family court judge.

When faced with this painful and difficult process, it is important to understand what issues are involved in your particular case, identify and address all possible solutions and anticipate and prepare for the consequences of each alternative and make the best decision.

Our firm’s areas of practice include separate support and maintenance, divorce; child custody, visitation and child support; alimony and spousal support and maintenance; equitable apportionment of assets and debts; prenuptial and post nuptial agreements; contempt actions to enforce prior family court orders; modification of child custody, visitation and/or child support; modification of alimony; paternity/custody actions; third-party and grandparent custody disputes; appeals; post divorce issues and termination of parental rights and adoptions.

Nothing written above should be considered legal advice. We have extensive experience in the investigation and evaluation of domestic cases, and each case turns on its own facts. We invite you to meet with us if you are facing a family court issue. We will help you understand the process, and, together, we will map a plan for your family’s future.