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South Carolina Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury for South Carolina on
Q: Can you sue a business for falsely accusing you of something you didn't do in front of others? Mistaken for someone else

I was checking out at a store and the employee and manager accused me of throwing things at her when she wouldn't sell me something. She asked me not to return to the store. This was done in front of other customers as well. I tried telling them I didn't know what they were talking about... View More

Tim Akpinar
Tim Akpinar
answered on Jul 16, 2023

A South Carolina attorney could advise best, but your question remains open for two weeks. Technically, one could sue if they suffered harm as a result of a false statement. The legal theory is defamation. But from a practical standpoint, it could be difficult to find a law firm to handle something... View More

2 Answers | Asked in Personal Injury for South Carolina on
Q: 8-year-old son accidentally hit 63-year-old neighbor in SC. Is it illegal that the neighbor asks $5000 due to her pain?

My neighbor and my mom were chatting in the street near our house. My son, 8-year-old, was riding a bike. When he was around 5 ft away from my neighbor, he stopped and turned his head to talk to his sister, then he pressed down on his pedal while still looking backward at his sister. Then quickly... View More

Zach S. Naert
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Zach S. Naert
answered on Jun 29, 2023

Your neighbor can ask for any amount of money for anything such as pain and suffering, but that does not mean that your neighbor would be entitled to anything for same, or the $5,000.00 being requested. If you are going to make an effort to resolve this dispute, or not, you should consult with an... View More

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1 Answer | Asked in Civil Litigation, Health Care Law, Personal Injury and Wrongful Death for South Carolina on
Q: Can my family sue for how a hospital profiled my mother who passed away? Failed to diagnose cancer but passed from clot.

My mothers medical journey was a nightmare and a hospital system failed her horribly. She was profiled from day one. Even her FNP will attest to this. We had an autopsy done. Her abdomen had caused her pain for almost a year. Protruding and painful. The cancer center cancelled her appt 2 months... View More

Tim Akpinar
Tim Akpinar
answered on May 8, 2023

A South Carolina attorney could advise best, but your post remains open for two weeks. I'm very sorry for the loss of your mother. You could reach out to law firms to try to set up a free initial consult. This appears to be a complex file with a long patient history - and it isn't clear... View More

1 Answer | Asked in Personal Injury and Health Care Law for South Carolina on
Q: Mis- diagnosed by ER then 24 hours later admitted with 3% survival rate to ICU for 45 days

The ER discharge him with a 500 blood sugar and never told him it was severely elevated 24 hrs later he's in ICU with only 3% Survival rate

Tim Akpinar
Tim Akpinar
answered on Apr 15, 2023

A South Carolina attorney could advise best, but your question remains open for a week. It could be difficult for attorneys to meaningfully assess the situation, based on the limited details of the brief post here. You could try to arrange a free initial consult with a law firm in your state. If... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for South Carolina on
Q: Would I have a claim of malpractice I had surgery and a day later I fell in the shower at the hospital

The nurse said I needed to get up and take a shower I didn't want to but she said I had to. She turned on the water didn't assist me but left me to go make up my bed. I fell in the shower, when I woke up three other nurses were giving me smelling stuff. They did blood work and ekg. The... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 3, 2023

If this occurred 5 years ago, it may be beyond the time limit to sue. Consult with an experienced medical malpractice attorney in your state.

What the nurse did might have been below the standard of care, depending on your condition--another health care provider would have to give your...
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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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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.

Titus Thomas Nichols
Titus Thomas Nichols pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 5, 2023

Under South Carolina Law, you are entitled to compensation for pain and suffering, ALL OF YOUR MEDICAL BILLS, and any lost wages. Many times Insurance companies engage in delaying tactics in hope that you will just give up and accept a lower offer.

You should speak with a licensed attorney...
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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 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.

1 Answer | Asked in Animal / Dog Law and Personal Injury for South Carolina on
Q: neighbor's dog came inside of my house and attacked my dog badly. Who's responsibility is that.

They blame our nephews who is 4&5 years old left their back yard gate opened but there is no proof and no one saw that. Nephews are already inside of our house when the dog came in and attacked our dog Infront of them and our mom . We are asking them to pay the vet bill but they refused because... View More

Cheryl Ann Truesdale
Cheryl Ann Truesdale
answered on Dec 14, 2022

This isn't a family law question, it's a personal injury question. The owner of a dog is strictly liable for any injury or damage done by their dog. If the dog owner has renter's or homeowner's insurance, it will cover any damages caused by the dogs. You would need to file a... View More

1 Answer | Asked in Personal Injury and Landlord - Tenant for South Carolina on
Q: I am renting a home.. landlord doesn't fix anything and my son got hurt due to not keeping maintenance up on our home

My child has got hurt due to the landlord doesn't keep up with maintenance on the property.. when ems came got my son they were talking about how bad the porch wood was eat up with termits

Tim Akpinar
Tim Akpinar
answered on Dec 15, 2022

A South Carolina attorney could advise best, but your question remains open for two weeks. At this point, you could reach out to injury law firms in your state to try to arrange a free initial consult - that's the norm in the industry. An attorney could examine the accident in detail and... View 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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1 Answer | Asked in Personal Injury and Real Estate Law for South Carolina on
Q: Our tree drops branches on a neighbor's yard. Can he sue us to pay to trim branches over his yard, or for damages?

The branches of a tree in our yard extend into a neighbor's yard space. The neighbor states that he would prefer not to pay a tree service himself to trim the branches.

Tim Akpinar
Tim Akpinar
answered on Dec 2, 2022

A South Carolina attorney could advise best, but your question remains open for three weeks. Until you consult with a local attorney for specific property law, the short answer nationwide is that one could be liable for damage their overhanging tree causes to a neighbor's property. Good luck

1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for South Carolina on
Q: What are the stipulations to mutual combat in the state of south Carolina?

If two consenting adults agree to engage in mutual combat under supervision of a referee in an enclosed area and all guidelines were met eg.. both parties agree, understand the engagement rules, and agree to end the fight upon a retreat or the inability to continue could legal proceedings occur?

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis
answered on Nov 12, 2022

Yes, both parties may be charged pursuant to S.C. Code Statutes regarding assault and battery.

Only fights authorized by the SC State Athletic Commission, a division of SC Labor Licensing Regulation, are immune from application of the SC Codes punishing assault and battery.

1 Answer | Asked in Landlord - Tenant and Personal Injury for South Carolina on
Q: I and my husband 61 & 65 was evicted Friday (wrongfully). We were trying to get our thing but being seniors and disabled

we lost a lot. I forgot to get my medication I take daily for my health that my Dr prescribed, they will not let me in to get it. I have not had my medication since Friday, and I can feel myself slowly going downhill. My husband called, and they told him no, I could not get it. I just got a 90... View More

Tim Akpinar
Tim Akpinar
answered on Nov 3, 2022

A South Carolina attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. You could continue to await a response, but you describe a difficult situation with the deprivation of your medication, so another option could be to reach out to a... View More

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.

Carole Jean Hayes
Carole Jean Hayes
answered on Oct 17, 2022

I would like some additional information. Did you sustain any physical injuries from this accident?

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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... View More

1 Answer | Asked in Personal Injury and Workers' Compensation for South Carolina on
Q: I was awarded a settlement by SC workers comp case on a bone infection case. However, the infection returned can I reopn

After settlement I was cleared to return to work, however the infection returned and I as forced to fight the infection w more surgeries/toe amputations that carried me well passed the 2 year limitations and finally lost my leg. Can I re open even though my medical battle went well passed the... View More

Spencer  Aldrich
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Spencer Aldrich
answered on Sep 20, 2022

First, if you had an attorney help you with the settlement you should go back to that attorney with this question. Second, be sure you have a copy of the settlement you signed and read it over. It should address what rights you released, and what rights you kept.

In a more general sense,...
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1 Answer | Asked in Personal Injury and Landlord - Tenant for South Carolina on
Q: Literal poop water started coming down from our ceiling fan in our apartment from our upstairs neighbors, can we sue?

We tried to contain it while we waited for the maintenance guys, it took over two hours before they had some people come in and clean it/disinfect it all. They had to throw everything out, since it had all been contaminated.

I am nervous about us getting sick, especially since it was in the... View More

Tim Akpinar
Tim Akpinar
answered on Aug 14, 2022

A South Carolina attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. I hope everyone in your family is okay. A landlord-tenant attorney could have more insight than a personal injury attorney here in terms of habitability and related issues... View 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... View More

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