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South Carolina Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury and Car Accidents for South Carolina on
Q: What's my case worth

I was parked in an alley and proceeded to walk into the store. I heard a horn honk and went back to my car and when I approached it was a security money truck. He waived at me and vice versa. I then went to get in my car and before I could open my door to the car he was behind me trying to pass... View More

Tim Akpinar
Tim Akpinar
answered on Aug 28, 2024

A South Carolina attorney could advise best, but your question remains open for a week. It could be difficult for attorneys here to advise you on what your case is worth based on these limited facts. I'm sorry about your accident. I hope you're okay. You could probably get an idea of the... View More

1 Answer | Asked in Personal Injury for South Carolina on
Q: If a 22-month-old toddler is injured at Daycare under their supervision, are they responsible for the medical bills ?

The Daycare are stating it was the toddler's fault for the injury.

Tim Akpinar
Tim Akpinar
answered on Aug 5, 2024

A South Carolina attorney could advise best, but your question remains open for two weeks. I'm sorry about your toddler's accident. Until you are able to consult with a local attorney about state-specific elements of negligent supervision, the issue might be less crucial if you are... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for South Carolina on
Q: It’s been 4 years since my surgery and l am now seeing complications from it is it to late to sue for malpractice

The dr removed my left adrenal gland and in the process she injured my left kidney which is now not working normally l will now have life long issue with it l also have trauma from the surgery it went bad from the start I am just now seeing the mistakes she made

Joel Gary Selik
Joel Gary Selik
answered on Mar 24, 2024

Malpractice statutes of limitations often do not begin to run until discovery (or should have discovered), with a cap of time. You should consult with experienced medical malpractice attorneys in the state where this occurred who can review the facts of your particular case and determine if you... View More

Q: Can your employer send you for a FEC with a known disability and in the process you fall reinjuring yourself?

A disability was declared day 1 and after 25yrs of service employee was sent to do a FEC exam. Is the company responsible or the facility where the fall occured for employee's re-injure and new injuries. Is this worker's comp or personal injury?

James L. Arrasmith
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answered on Mar 19, 2024

If your employer sent you for a Functional Capacity Evaluation (FEC) despite knowing about your disability, and you were injured during this process, there might be grounds for responsibility on part of your employer or the facility, depending on the circumstances of the fall and existing workplace... View More

1 Answer | Asked in Civil Rights, Personal Injury, Sexual Harassment and Civil Litigation for South Carolina on
Q: What is the code/statute or provision that sexual assault is filed under for civil lawsuits?

The sexual assault happened on a college campus but I don’t want to only file a title because my college covers them up.

James L. Arrasmith
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answered on Mar 8, 2024

In South Carolina, civil lawsuits related to sexual assault can be filed under various legal theories, depending on the specific circumstances of the case. Some common legal grounds for such lawsuits include:

1. Assault and Battery: South Carolina Code Ann. § 15-3-550 provides a three-year...
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3 Answers | Asked in Personal Injury for South Carolina on
Q: Can you redo a lawsuit if you find your injuries are worse then you knew
James L. Arrasmith
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answered on Mar 4, 2024

If you've previously settled a lawsuit or received a judgment and later discover that your injuries are more severe than initially thought, you generally cannot reopen the case to seek additional compensation. Most settlements include a release clause, which means you agree not to pursue any... View More

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3 Answers | Asked in Personal Injury for South Carolina on
Q: Can you redo a lawsuit if you find your injuries are worse then you knew
Tim Akpinar
Tim Akpinar
answered on Mar 5, 2024

The short answer is generally no, if you signed a release that covered all claims future and present, known and unknown. But as my colleagues correctly point out, there can be exceptions. If you were represented, check with your attorney. Even if the door is closed on the liability/pain &... View More

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1 Answer | Asked in Personal Injury and Civil Litigation for South Carolina on
Q: In a courtroom setting w/Jury, what is the proper way to introduce higher court rulings into a trial?

I live in South Carolina, a strict liability state. I was jogging and was attacked and bitten by two dogs. I was injured (not seriously, two puncture wounds in my leg). I filed in small claims court for damages. The Defendant has retained legal counsel. The demanded a jury trial. I am... View More

Carole Jean Hayes
Carole Jean Hayes
answered on Feb 6, 2024

Give the judge the case law before the jury is called in and highlight the applicable parts, and ask him to charge the jury with the highlighted portions. That means he will read those to the jurors when he is telling them about the law which happens after closing statements, and before they... View More

2 Answers | Asked in Personal Injury for South Carolina on
Q: Can I Sue I received a concussion and 10 stitches in my face because a hazardously mounted road sign on the sidewalk

I've taken pictures of the sign and my injuries I went to the emergency room immediately. The sign is an obvious hazard

T. Augustus Claus
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answered on Jan 18, 2024

If you have sustained injuries, including a concussion and facial stitches, due to a hazardously mounted road sign on the sidewalk, you may have grounds to pursue a personal injury claim. Documenting the incident with pictures and seeking immediate medical attention strengthens your case by... View More

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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 Personal Injury, Civil Litigation and Wrongful Death for South Carolina on
Q: What can I do if my old trucking company is being falsely accused in a wrongful death lawsuit?

We went out of business in 2011-2012. The deadly accident occurred in SC in 2020. We moved to NY in 2013. The DOT number listed in the lawsuit is not our old DOT number. I have contacted several lawyers in NY & SC only to be told that this isn’t in their wheelhouse. Meanwhile, I have 15 days... View More

Tim Akpinar
Tim Akpinar
answered on Dec 23, 2023

A South Carolina attorney may be able to advise best, since that is the state you posted under. But your question remains open for a week and you mention a short timeline in which to respond to a summons. If there was a liability policy in effect at the time of the accident, the carrier should be... View More

1 Answer | Asked in Personal Injury and Civil Litigation for South Carolina on
Q: My aunt sold all my property in storage while I was in prison for two years. Over $100k. What do I do?

I knew I was facing prison time so I left my Aunt in charge of everything. While I was incarcerated she paid $5k for a lawyer for me and then got mad because I didnt pay her back. I went to prison and could not pay her while in prison. She then sold all my belongings without my permission or... View More

James L. Arrasmith
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answered on Nov 17, 2023

In your situation, it appears that your aunt may have sold your property without legal authority or your consent. This could potentially be a case of conversion, which is the unauthorized taking or selling of someone else’s property.

Firstly, gather all relevant documentation, such as...
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1 Answer | Asked in Personal Injury and Legal Malpractice for South Carolina on
Q: Attorney negligence Faxed wrong medical info request content failed to read report sent errord to Adjuster. Had to get l

Lawyer send correct medical info Adjuster handed case to TPA CORVEL Owner had admitted to fault. Attorney says $300,000. I'll put Big money in our pockets. TPA Offers $25,000. My Lawyer says take it. $16,000. I got 2 Cortisone shots within week DVT ISHEMIC Strokes. No history of any such in... View More

Tim Akpinar
Tim Akpinar
answered on Dec 13, 2024

A South Carolina attorney could advise best, but your question remains open for a month. I'm sorry for your ordeal. There are a considerable number of issues to sort out here - between the ischemic strokes, the underlying treatment, your age, your health history, the reason for you coming... View More

1 Answer | Asked in Personal Injury for South Carolina on
Q: Hit and run, the cops have done nothing despite being given plate# and VIN and 3 witnesses information. What can I do?

We were victims of a hit and run while on our motorcycle in March in Augusta GA. The cops have done nothing, and in fact didn't even record the witness information (we have 1 name nothing more and there were 3 witnesses), have done NOTHING to try and help find who hit us, and we have over... View More

Roy Willey
Roy Willey
answered on Nov 19, 2024

You need to consult with an experience personal injury attorney. We offer free consultations. The police will never help you collect from the person that hit you or their insurance, they are only there to hold people criminally accountable. I have handled cases where the police never found the hit... View More

3 Answers | Asked in Copyright, Personal Injury, Real Estate Law and Civil Litigation for South Carolina on
Q: A museum was made from my grandfather house and name into a museum. They won't his family access

They refuse to believe me and and his property was stolen

Anthony M. Avery
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answered on Nov 1, 2024

You might hire a SC attorney to search the title. Then possibly file an Ejectment or Action to Recover Personal Property by his heirs/next of kin.

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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 Consumer Law, Family Law, Personal Injury and Tax Law for South Carolina on
Q: How do i access all trusts and funds that for lack of knowledge of said funds i do not currently obtain access.
James L. Arrasmith
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answered on Sep 2, 2024

To access trusts and funds you may not currently have access to, you first need to identify any and all potential trusts or funds that could be in your name or where you might be a beneficiary. Start by reviewing legal documents such as wills, trust agreements, and financial statements that might... View More

1 Answer | Asked in Personal Injury and Civil Rights for South Carolina on
Q: I'm a TI, I'm harrassed 24/7 and hit with DEW's all day everyday, I'm choked, jaw jacked, poked, pricked, electrocuted.

I'm off balance always, I have become a recluse, they have caused me to wreck and total my mom's SUV, I'm exhausted, BP is high, increased migraines, my joints hurt and most of the time it's difficult to walk. I can't seem to get them to stop, they tell me to commit suicide... View More

James L. Arrasmith
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answered on Sep 1, 2024

I'm really sorry to hear that you're going through such an overwhelming and distressing experience. It's important to know that you're not alone, and there are people who care about your well-being. What you're describing sounds incredibly tough, both physically and... View More

1 Answer | Asked in Personal Injury and Social Security for South Carolina on
Q: I need help with SSI, reporting and spending money received from a settlement from a car accident that I was injured in.

I already spent some of it, I bought a car and a bed and some other things to help with my injuries. I will need dental implants because I got implant the day of the accident but they don't fit so I have just 4 screws sticking out of my gums since 11/10/22.

James L. Arrasmith
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answered on Jul 18, 2024

To address your situation, it's important to understand how to report the settlement money to the Social Security Administration (SSA) and how it may impact your SSI benefits. You should notify the SSA about the settlement as soon as possible, detailing how the funds were spent. This is... View More

1 Answer | Asked in Personal Injury for South Carolina on
Q: How long after my attorney contacts the apartments insurance will I hear something regarding my case all bills are in?

The sidewalk is blatantly obstructed by illegal street sign installed by previous owners of the apartment complex we have plenty of photos and everything we need individed fault with the sign and its size and placement my 10 year old son has to duck out of its way well visiting my mom at her... View More

Carole Jean Hayes
Carole Jean Hayes
answered on Mar 30, 2024

Since you have retained a lawyer, I would recommend calling your attorney up and asking how long it will this take. It can take as little as a month up to eight months to negotiated claim, depending upon the complexity. I wish you the best.

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