Tammy Hollifield

May 31, 2025

Working with Rob Usry and his team was a great experience. They took the time to answer all our questions about my husband's worker's comp case and did everything they could to make the process as easy for us as possible. We would highly recommend them for your legal needs.

Rebecca Smith

May 15, 2025

Mr. Usry and his staff are wonderful to work with. I reached out for advice when a recent accident caused damage to my house and car. They answered all my questions and explained all my options. They have the knowledge and haven't forgotten how to treat people with kindness and respect. I wholeheartedly recommend them.

Rebecca Smith

May 15, 2025

I used this firm to help with a workman's comp dispute. We started the process on February 1, 2023 and had a settlement agreement by August 22, 2023. I found the office staff to be friendly and more than capable to answer my questions and guide me through this process. Pam Worley and Rose Fagan sent prompt emails letting me know what I needed to do and the status of the claim. Mr. Rob Usry was patient and called personally to let me know what was happening and what the next step would be. He negotiated well with the Workman's Comp legal team and reached a fair agreement. If you are looking for an attorney that communicates well, is friendly, and will work in you behalf, I strongly recommend Holland & Usry, P.A.

Randall Garrett

May 13, 2025

I got hurt on the job in Gaffney SC. I saw rather quickly that I was going to need help. Rob Usry was referred by a friend who had a great experience with their services. So I contacted them and it was the best move I could have ever made. Rob and his staff were amazing they treated me and my wife like family. They left no stone unturned while working on my case and I could not be happier with the results. I would highly recommend Rob Usry and his team to anyone who is in need of a lawyer in the upstate. They are the best in the business.

Vickie Alumbaugh

May 3, 2025

Rob Ursy PA and Rose Fagan did a wonderful job with my workmen compensation case. I slipped at my work in Spartanburg, SC. I was treated respectfully and that I was important. They helped me communicate with workmen compensation to get a case the right way. Communicate with opposing counsel. An settlement was offered. Ultimately, I settled with workmen compensation insurance thru my work. The settlement was for good bit more than was originally offered. I am glad I got what I needed to get my injury repaired. Thank you!!

Jason Wines

March 25, 2025

I had a great experience.The staff really goes the extra mile to serv you and your needs. When ever I need the help of a trusted law firm I will always turn to them.

Wendie Lawson

March 7, 2025

Seeking help from an attorney was not on my radar when I was injured at work. Unfortunately, workers compensation became a barrier between me and the treatment I needed. Months battling workers compensation, being questioned relentlessly and then rejected, I contacted Holland & Usry, P.A. Mr. Usry and his team went to bat for me and I received the necessary treatment I needed, in addition to medical bills being paid. Workers compensation is a bear to deal with. If not for Mr. Usry and Rose, I would still be in a needless and stressful battle with them - this I am sure! I am extremely grateful for the honesty, integrity and compassion given me from this group! My journey is still in motion and Mr. Usry and Rose are taking care of business! Wendie Lawson I

Marilyn Anderson

February 20, 2025

My husband and I were victims of a hit and run accident about a year ago, My husband suffered a cracked clavicle and deep bruises to both knees, my injuries required a session of physical therapy. We had never been in an accident, and we felt victimized - our car was totaled, and we both suffered panful injuries. Following advice of friends and family, we decided to consult an attorney. Rob Usry was highly recommended, and we decided to ask him to represent us. Rob and his staff - Rose and Pam - were professional, thorough and supportive . They walked us through every step of the way. Since my husband and i are senior citizens with little experience with lawsuits, and unreliable computer skills, we needed help. Rose patiently answered our question and coached us along through computer glitches. Pam would organize and evaluate the seemingly endless maze of medical bills. When it came time to dicker with with insurance companies, Rob was the persistent master of negotiations, and we are very happy with the outcomes of our case. We are thankful to Rob Usry , Attorney At Law. and his staff, and highly recommend them to help you find the answers to the question - I Just Got In a South Carolina Car Accident. Now What.?

How Settlements Get Paid in a South Carolina Severe Brain Injury Accident Case

Rob Usry

August 25, 2022

Personal Injury

How Settlements Get Paid in a South Carolina Severe Brain Injury Accident Case

Mild traumatic brain injuries can clear up enough to allow the victim to manage their settlement. But severe brain injuries from South Carolina accidents may leave the survivor unable to make legal decisions or responsibly handle settlement money.

Luckily, South Carolina law provides a legal proceeding to protect survivors from themselves. It can require two different filings in Probate Court to legally establish these protective relationships through court appointments:

Guardianship. This court appointment allows the court-appointed guardian to make legal decisions for the survivor, including settlement decisions.
Conservatorship. This court appointment gives the conservator power to settle the case just like a guardian, but also gives the conservator the ability to manage settlement money.

While it’s a needed protection for vulnerable victims, it adds more layers of legal complexity to an already overwhelming case.

Let us take that burden off you to get the right person appointed for this critical job. Call toll-free at (864) 582-0416 or fill out a Get Help Now Form to get your questions answered in a FREE*, NO PRESSURE strategy session with a Spartanburg, South Carolina personal injury attorney.

Here are the basics of how guardians and conservators work in a South Carolina brain injury accident case.

Guardianship and Conservatorship Process for South Carolina Brain Injury Accident Settlements

While they are separate legal proceedings, both guardian and conservator appointments require similar filings and proceedings in the Probate Court:

Start by filing a petition. This formal legal pleading gives the basis for needing the court appointment, including the cause of the injury, the survivor’s family background, whether the brain injury prevents the survivor from making certain decisions, and why the petitioner is the best person for the job.
A critical legal maneuver that can dramatically speed up the case. filing a notarized report from a medical examiner with the petition. To verify the brain injury survivor’s inability to make decisions, you need a note from a treating doctor in the proper legal form. If it’s filed with the petition, the Probate Court can appoint that doctor as the medical examiner for the case. Doing that spares you an extra legal proceeding and precious time waiting for the Probate Court to appoint a medical examiner, for the examiner to get to the hospital or facility where the victim resides to make the required examination, then file a report.
After filing the petition, serve it on all “interested persons” as required by law. The law defines “interested persons,” which can include the victim’s family. Shockingly, it also includes the severely disabled brain injury victim. It has to be served the right way or your case will be delayed.
Appoint a lawyer for the victim. The law requires a separate lawyer to represent the victim in the probate proceeding, even if you’ve hired a lawyer for the victim in the accident case. To help speed this up and ensure the victim has a good lawyer for this aspect of the case, we can propose one. That lawyer visits the victim to verify whether they remain unable to make legal decisions. If so, the lawyer can move to get out of the case and be appointed the victim’s “guardian ad litem.” That means the lawyer protects the victim’s interest in the proceeding. If you don’t get a lawyer for the victim immediately, you can incur more delay. The law requires the court to wait 30 days after you serve the petition to appoint a guardian ad litem.
If everyone agrees on who should be appointed, and all the paperwork is done right, you can be appointed quickly without a hearing. This can occur when the guardian ad litem files a report indicating a hearing would do no good.

If you’ve hired us, we’re not just doing this part of the case. We’re working behind the scenes as much as possible to build the case for a good South Carolina brain injury settlement. To get your questions answered about these complicated cases, call toll-free at (864) 582-0416.

Now let’s flash forward to the end of the case.

How Does a Settlement Get Paid to a Severely Brain Damaged South Carolina Accident Victim?

South Carolina law requires court approval for brain injury accident settlements with a guardian or conservator if the victim gets over $25,000.00 after all fees, costs, and medical bills are paid. Some settlements may be so large you need a bank to serve as the conservator.

A Special Factor if the Victim Is on Medicare or Medicaid

Some brain injury victims get these government benefits through Social Security disability. Settlements can affect eligibility for these programs. Because victims can’t afford to lose these benefits, we have clients meet with an attorney who handles government benefit eligibility cases. These lawyers help you find a way to get the settlement and keep Medicare or Medicaid.

This Is Hard, but It’s Got to Be Done Right—You Need Help

It’s just too much to ask for you to manage the medical care and personal affairs of a brain injury victim, then add a personal injury lawyer, probate lawyer, and government benefits eligibility lawyer on top of it. You are called to protect the legal rights of a helpless brain injury victim the same way you do with their medical care: by using trained professionals with experience in the field. Get guidance from an experienced South Carolina personal injury attorney for your South Carolina brain injury accident case. Call toll-free at (864) 582-0416 to get your questions answered.

We welcome you to see what other clients say about what it’s like to work with our team. Check out unscripted, unedited reviews from real clients on Google.

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Rob Usry

Rob is a Spartanburg personal injury lawyer. Rob also practices as a workers’ compensation attorney.

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John Holland

John Holland is a Spartanburg Family law attorney, practicing since 2012.

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