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Questions Answered by Roy Willey
2 Answers | Asked in Personal Injury and Car Accidents for South Carolina on
Q: What is the quickest way to fire my personal injury lawyer I just hired? I’m in South Carolina. Need a new one!

Hired a personal injury, lawyer not satisfied with them. Been almost 3 months. She is doing the bare minimum and I I want a lawyer, who knows the ins and out and tricks and laws, and knows what to ask for so I don’t get screwed over in my case. I need someone who knows stuff like the fact that I... Read more »

Roy Willey
Roy Willey
answered on Mar 3, 2023

In South Carolina, like most states, the client owns the file. Therefore, to fire an attorney all you have to do is reach out to their office (preferably in writing via email / letter) notify them that you no longer need their services and ask for a full and complete copy of your file. Your next... Read more »

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1 Answer | Asked in Wrongful Death and Medical Malpractice for South Carolina on
Q: How long are blood and tissue samples saved in SC for the purpose of lawsuit? Who can obtain them!?

I have contacted an attorney, sent a summary and outline to them medical records and the autopsy and haven’t heard back about if they’ll take the case or not. My mother died December 18th. Failed to diagnose or biopsy tissue. They cancelled her appt in October saying they saw no reason that the... Read more »

Roy Willey
Roy Willey
answered on Feb 13, 2023

First, let me express my sincerest condolences on the loss of your mother under such unexpected circumstances. I am so sorry to hear the tragedy you are experiencing.

Second, with respect to your specific question the answer is that it depends. Everything should be documented in the...
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1 Answer | Asked in Civil Litigation and Nursing Home Abuse for South Carolina on
Q: is there a place that the public can check on wins or jury cases for a lawyer?
Roy Willey
Roy Willey
answered on Jan 23, 2023

Yes, if you know what you are looking for. When hiring a civil litigation attorney you should ALWAYS ask about their success in the courtroom with jury verdicts. This is not because your case will absolutely go to trial, it may not, but insurance companies know the lawyers that will go the... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for South Carolina on
Q: Whats my rights. If u were n a accident hit from behind. And 0other driver was uninsured and hes not remembering nothing

I was hurt n treated at hosptial totled my car and i was want to see what can i do about. My dr bills n my car he was at fault sc hwy patrol said n report.

Roy Willey
Roy Willey
answered on Dec 26, 2022

You should contact any attorney in this instance. In SC if your car was insured, the insurance company is also required to provide uninsured coverage in the event you get hit by an uninsured driver. Sometimes other parties are also not honest about whether or not they have insurance coverage and... Read more »

2 Answers | Asked in Personal Injury and Probate for South Carolina on
Q: My Mom Killed My Daughter In Car Accident I Had probate court In oct.its been a year what's taking so long too proceed?!

How much do you think Insurance companies will settle out ??There were two other vehicles involved!

Roy Willey
Roy Willey
answered on Nov 22, 2022

I am very sorry to hear about your daughter.

As to our question: It’s unclear to me whether you went to probate court and the estate was set up (you were appointed as personal representative or not?). Assuming you were and there is insurance available it often does not take very long...
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2 Answers | Asked in Car Accidents for South Carolina on
Q: After being hit by a drunk driver& car totaled but not being hurt, how do I negotiate with their insurance?

I live in SC but was hit by a drunk driver in NC, they were found at fault of course. My car was totaled but thankfully(maybe) I wasn’t hurt. That leads us to them trying to pay for my car and my car only. They offered me 10k for my car when I owe a total of 17k. I don’t have gap insurance (a... Read more »

Roy Willey
Roy Willey
answered on Nov 8, 2022

It sounds as if the car valuation is off as insurance companies sometimes do. You may also be entitled to punitive damages and should reach out to an attorney to assist you with this matter. Keep in mind that if they send you a release they may also ask you to release your bodily injury claims... Read more »

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2 Answers | Asked in Civil Rights, Constitutional Law and Civil Litigation for South Carolina on
Q: I’m curious on if i can take legal action for a situation that happened to me.

I rented a Uhaul truck from a facility and paid for it in full, and then on my drive home I was followed by police, pulled over, and then had 6 cop cars swarm me and demand i get out at gunpoint. I was detained, placed into handcuffs, read Miranda rights, and then told the truck was stolen. I did... Read more »

Roy Willey
Roy Willey
answered on Oct 17, 2022

You may have a defamation or false arrest claim. Either UHaul should not have reported that particular truck as stolen, or the police stopped the wrong truck (if there was another truck that was stolen and reported as such). Hard to tell who the actual legal claim is against, but you likely do... Read more »

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1 Answer | Asked in Animal / Dog Law and Personal Injury for South Carolina on
Q: a dog keeps charges people and other animals. They have been told multiple times not to bring it out what can be done
Roy Willey
Roy Willey
answered on Oct 2, 2022

In South Carolina there is strict liability for dog attacks. If someone is injured as a result of a dog attack (even in attempting to get away from a charging dog where there is no bite) the owner of the dog is responsible. Absent that, you might consider contacting your local animal control to... Read more »

1 Answer | Asked in Animal / Dog Law, Civil Litigation, Small Claims and Personal Injury for South Carolina on
Q: I and my dog were detained by law enforcement in a hot car. Despite my pleas to please let us out or to give my dog

Water or to let me turn on my car to provide AC for my dog, the policemen would not let me do anything to help my dog despite me pleading with them. My dog died of heat stroke. Can I hold those policemen responsible for Bear's death? I may be reached at:

Roy Willey
Roy Willey
answered on Jun 7, 2022

I am so sorry that happened to you. As to a case, potentially, yes but generally in South Carolina pets are only reimbursed at “market value” as property. However, you may also have a case against them depending on the nature of your detention. Be advised state agencies are subject to a... Read more »

2 Answers | Asked in Car Accidents and Criminal Law for South Carolina on
Q: Who af fault when passanger jerkes stearing wheel and driver overcorrected and hit car head on?

Driver and passanger were arguing, passanger asked multiple times to be let out if the vehicle but driver denied. Passanger gerked the wheel causing car to go off road into a grass field; driver then corrected the vehicle but wasn't paying attention and didn't stop the car from crossing... Read more »

Roy Willey
Roy Willey
answered on Apr 20, 2023

The claim should be covered by the car insurance policy of the car that lost control and hit the other car head-on.

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2 Answers | Asked in Car Accidents and Personal Injury for South Carolina on
Q: Car accident i was hit from behind and his ins company not doing anything for me i need a rental car. But they not tryn

It been 11 days and i still dont have nothing to drive hes from Virginia sc. Im from gaffeny sc what r my rights n should i just hire a lawyer to handle it. I got injurys to. Whip lash. N knot on my left leg thats not going away.

Roy Willey
Roy Willey
answered on Jan 5, 2023

Yes, you should reach out to a lawyer to help you. The main thing is that your claim may be a Federal Court Claim if the Defendant is from VA and you are from SC (unclear from post), so you will want a lawyer licensed in federal court, which I am.

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1 Answer | Asked in Insurance Bad Faith for South Carolina on
Q: I had a insurance policy on my ex husband for 50,000 it was a family policy thou . he was n car accident n passed away

Liberty life was ins company the ins man was out at my house 4 days later with a check. For. 50,000For me .n had me sign a paper. it was suppose to double cause of a accident. He aurged with me. That it wasnt a family policy. It was thou . i wrote letters to main office to the chief supervisor n... Read more »

Roy Willey
Roy Willey
answered on Dec 27, 2022

If your coverage applied for the underlying policy, it is likely that it applied for all provisions not just some. However, you need to have an attorney review the full policy, and any correspondence from the insurance company.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for South Carolina on
Q: Should I reach out to a lawyer? Mother had life insurance but she unalived herself. They are requesting police report.
Roy Willey
Roy Willey
answered on Dec 20, 2022

So sorry to hear about your mother. Yes, you should reach out to a lawyer to review the life insurance contract.

1 Answer | Asked in Personal Injury and Insurance Defense for South Carolina on
Q: in S Carolina. A large construction equipment rental co rents out 34ft lift. Improper maintenance caused bodily injury.

In South Carolina. A rental company of construction equipment with 3 locations rents out a unit that causes bodily injury. Due to injury is tooth loss and damage to teeth. Prosthodontist all have payment due at time of service. To obtain proper treatment how can you obtain the rental companies... Read more »

Roy Willey
Roy Willey
answered on Dec 15, 2022

They are not required to provide you the insurance limits before a lawsuit is filed. After a lawsuit is filed on your behalf you could get them through the written discovery process.

2 Answers | Asked in Personal Injury, Workers' Compensation and Car Accidents for South Carolina on
Q: I was involved In a semi truck accident I was hit by another semi and they left the scene of the incident my company

Tells me they can’t make out the drivers name or truck. I sustained ptsd from the accident and I want to know if I have a case in any way my company wants me back at work since the hospitals cleared me but I’ve been given no compensation or offered none.

Roy Willey
Roy Willey
answered on Oct 17, 2022

You may be entitled to workers compensation coverage and a uninsured motorist claim. You should contact a civil litigation attorney immediately as there is a limited time to file either claim. Happy to discuss further.

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1 Answer | Asked in Elder Law, Health Care Law, Military Law and Nursing Home Abuse for South Carolina on
Q: My Father was veteran. He’s been at funeral home since Oct 2th without anyone letting the family know what’s going on.

My father was a veteran that had live in nurse aid. None of our family knew this person other than me searching her criminal records. She let him get dehydrated for 5 days which shut his organs down. She was reported to DSS.Not one person has gotten back with family on that. He then went in Oconee... Read more »

Roy Willey
Roy Willey
answered on Oct 9, 2022

I’m unclear on what your exact question is but you should contact an nursing home negligence attorney if you are concerned about the care your father received. So sorry for what you are going through.

1 Answer | Asked in Car Accidents for South Carolina on
Q: I was charged with this violation, while entering a median we’re the immediate cars yielded to me but getting hit..

I was charged with this violation ( 56-05-2350) , while entering a median we’re the immediate cars yielded to me but getting hit by a car evading traffic and riding the median where no left turn could be immediately made. Would the other car not have been violating code ( 56-5-1920)

Roy Willey
Roy Willey
answered on May 21, 2022

Yes, it’s possible but it’s just a judgment call for the police. The charge itself won’t be admissible in your civil car accident case, only guilty pleas are generally.

1 Answer | Asked in Personal Injury and Car Accidents for South Carolina on
Q: Had a motorcycle accident last August because the s.c. state's grass cutters left grass in the road.

My left leg, half under my kneecap. Had two surgeries. The state trooper was at the accident did not order for a drug test. But the hospital did one anyway. I even have officer video from his desk cam, pointed down to the grass in the road and his report it says cause of accident waa the grass.... Read more »

Roy Willey
Roy Willey
answered on Apr 25, 2022

In general there are several issues with hospital tests that may make them inadmissible in a civil suit. However, they may also be admissible. I would be glad to take a look at your information, just email me Roy@akimlawfirm.com.

1 Answer | Asked in Health Care Law and Medical Malpractice for South Carolina on
Q: I believe my mother is being neglected in a physical rehab hospital. Is it legal to record her overnight?

My Mother's medical proxy gave their permission. They have no signs prohibiting camera usage. They also have had many patient complaints about staff members. What can I do?

Roy Willey
Roy Willey
answered on Apr 4, 2022

There is nothing prohibiting that if your mother agrees.

1 Answer | Asked in Consumer Law, Criminal Law, Family Law and Personal Injury for South Carolina on
Q: I've been trying to get through the accusations of taking a firearm or stealing from a member of the family....

At the time of question I was at my father's residence for a period of maybe 4-6 days continuously due to personal relationship issues and differences. My dad's cousin came over daily and intoxicated heavily. He left residence and later on accused me of stealing his gun after he had left... Read more »

Roy Willey
Roy Willey
answered on Jan 1, 2022

It is unclear what type of help you are looking for here based on the topics selected. However, one option that you might consider is filing a police report if you are being followed, harassed, or repeatedly contacted after asking for it to stop. No one should have their mental health damaged... Read more »

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