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Questions Answered by Roy Willey
1 Answer | Asked in Contracts and Civil Litigation for South Carolina on
Q: Can a third party monitoring service change the daily and bi-weekly rate at each scheduled appointment?

When enrolled in the program my partner was given a daily fee of $7.55 or $52.85 weekly or $105.70 bi-weekly. And he's in a program that is for Greenville and Spartanburg county residents only. But he's a Berkeley county resident. He's now paying up to $200 bi-weekly. They do not... View More

Roy Willey
Roy Willey
answered on Jan 2, 2024

This would be dependent upon the actual agreement or contract he signed. Some contracts allow for variations in pricing due to market conditions, etc. Some do not. So it just depends what he signed and agreed to at the time of initiation of the relationship. He may also have a cancellation... View More

1 Answer | Asked in Car Accidents and Personal Injury for South Carolina on
Q: Is it true that in South Carolina the maximum award on vehicular- pedestrian collision is the limit of the ins policy?

As I was crossing the street, a woman ran into me causing serious injuries.

Roy Willey
Roy Willey
answered on Dec 29, 2023

No, that is not always the case. There are several factors to take into account outside of the actual bodily injury aspects of the policy, which sometimes get overlooked. Some of those include:

1.) Property damage coverage for punitives if punitive conduct can be shown;

2.) Assets...
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1 Answer | Asked in Civil Litigation, Business Law and Libel & Slander for South Carolina on
Q: I have an issue regarding an Instagram account using my business logo to say damning things about myself

It is not only harmful to my business but the account is putting me in potential physical danager.. I am happy to share more details in private. My question is can I draft some form of letter explaining the danger they're putting me in and have them remove the post?

Roy Willey
Roy Willey
answered on Dec 26, 2023

Yes, you could send them a cease and desist letter. The issue with that is you don’t really know who they are and it’s likely to be ineffective. If you sued you could get more info about them via discovery with instagram to potentially find out who they are. But you will likely need a lawyer... View More

1 Answer | Asked in Family Law, Wrongful Death and Probate for South Carolina on
Q: How do I get my deceased father's medical records in Anderson sc.
Roy Willey
Roy Willey
answered on Dec 18, 2023

You will need to go to the probate court and set up an estate. Once you have the Certificate of Appointment that makes you or someone a Personal Representative for the Estate from the probate court you will be able to take that and demonstrate that you have the authority to obtain those medical... View More

1 Answer | Asked in Personal Injury and Criminal Law for South Carolina on
Q: What can I do about SCDOT taking my Great Pyrenees. They loaded him up in their work trucks and left with him. SCDOT cam
Roy Willey
Roy Willey
answered on Sep 7, 2024

Call the local district office and tell them you want your dog back. Also check local shelters, perhaps they thought he was lost.

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for South Carolina on
Q: Overview. We use State Farm for auto insurance. Got into car accident. State Farm determined car to be a total loss.

State Farm determined value of car. A State Farm claim rep called me and send they are emailing documents that need signatures (limited POA). I have not signed any documents yet. Despite this, the State Farm claim rep has already paid the financier (lien holder) without our knowledge. Irregardless... View More

Roy Willey
Roy Willey
answered on Sep 7, 2024

She should not take any actions on your behalf without your consent. It is not clear to me if this was a single car accident or if someone else was involved? But that can also have implications.

1 Answer | Asked in Animal / Dog Law for South Carolina on
Q: Someone gifted my daughter a dog and we have raised him for three years. Now he wants him back , after three years
Roy Willey
Roy Willey
answered on Jan 5, 2024

A gift is a gift, just don't voluntarily turn the dog over. He is unlikely to find a lawyer who will bring a case against you for it, but if he does obviously you may need to look into getting yourself a lawyer at that time.

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Wrongful Death for South Carolina on
Q: How would a suspect fleeing on foot while armed or presenting to be armed effect TN V Garner?

If a suspect run on foot while armed or pretending to be armed? Would the presence of the firearm alone justify deadly force under TN vs Garner? Would the suspect need to point or present the firearm at Law Enforcement or a citizen for deadly force to be justified? Please let me know any relevant... View More

Roy Willey
Roy Willey
answered on Jan 2, 2024

These are incredibly fact specific (and jurisdictionally specific) questions not really capable of proper answering here.

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2 Answers | Asked in Car Accidents and Personal Injury for South Carolina on
Q: Can you sue a person Civil court for pain and suffering from an auto accident & their insurance company also?

They were given a citation for the cause of the accident in the state of South Carolina.

Roy Willey
Roy Willey
answered on Sep 24, 2023

Yes, in SC our law requires an individual to have insurance to operate a motor vehicle, and our law requires that if that person injures someone in a motor vehicle accident they must be sued in their individual name to collect their insurance money if not settled out of court. Our law does not... View More

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1 Answer | Asked in Personal Injury for South Carolina on
Q: If 63-year-old woman was hit by a bike by a 8-year-old boy in her neighborhood, can she sue the boy? What compensation?

The 63-year-old lady was chatting in the street while the 8-year-old boy was riding in the neighborhood. Suddenly, the bike hit the lady's hip, ankle, and fingers. The boy was playing with his sister and wasn't looking forward while riding his bike. He's not purposeful. The lady was... View More

Roy Willey
Roy Willey
answered on Jul 12, 2023

Yes, the lady can sue for negligence. Depending on the particular facts the boys parents and/or their insurance may be liable. She should consult with an experienced personal injury attorney who will gather all of the facts, conduct an investigation and determine her best path forward.

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... View 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 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... View 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... View 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... View 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... View More

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... View 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 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... View More

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... View 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 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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