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South Carolina Personal Injury Questions & Answers
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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2 Answers | Asked in Education Law, Personal Injury and Juvenile Law for South Carolina on
Q: My son was jumped by 6 students and the school has done nothing. I want to sue for failure to provide a safe environment

The school has know about the situation for three weeks but have done nothing. They don’t believe my child was jumped but has also failed to provide the surveillance footage of the attack. They told me one child came forward and said he hit my child too hard. The school expects my child to... View More

James L. Arrasmith
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answered on Nov 9, 2023

As a parent, it's distressing to hear that your child's safety is at risk. If the school is not addressing your concerns adequately, you might consider taking legal action. Schools have a duty to provide a safe environment for students.

You can request the surveillance footage...
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1 Answer | Asked in Contracts, Personal Injury and Civil Litigation for South Carolina on
Q: My storage unit was broken into through the inside,the unit next to mine was rented and they broke the walls.

The property manager said the cameras weren’t working at the time of the robbery but the district manager said they do work they need the monitors fixed. I haven’t received any updates or anything from the public storage. They haven’t fixed the walls that were damaged in the unit either.... View More

John Michael Frick
John Michael Frick
answered on Oct 3, 2023

You should make a claim on your insurance for the value of the stolen items. Your insurance company will be subrogated to any lawsuit you may file. If the thieves are identified, you likely have a very good lawsuit against them, but they may not have any non-exempt assets to satisfy any judgment... View More

1 Answer | 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.

Tim Akpinar
Tim Akpinar
answered on Oct 2, 2023

A South Carolina attorney could advise best, but your question remains open for a week. You usually pursue the person, unless there are additional details involving the insurance company. Their insurance company enters the picture in terms of defending them. Most attorneys offer free initial... View More

1 Answer | 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

1 Answer | Asked in Personal Injury and Landlord - Tenant for South Carolina on
Q: i been living in a apt complex for over 1 year with mold and now have to use 3 inhalers and take excedrine everyday

smoke detector malfunction from water damage and there was a fire in budling and life was threated cause was unable to get out due to non working smoke detector and have the proof of mold i work from home so inhaling

mold everyday

Tim Akpinar
Tim Akpinar
answered on Sep 18, 2023

A South Carolina attorney could advise best, but your question remains open for two weeks. I'm sorry for the ordeal this has caused you. I can only speak for the personal injury-related aspects of your question. You could reach out to law firms to try to arrange a free initial consult. Gather... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for South Carolina on
Q: yearly exam to my OB doctor. She said I had a cyst on my ovary so we’re gonna do a hysterectomy I go for follow up and

She Said oh the cyst was not on your ovary. It was on your colon, so why did you give me a full hysterectomy if it was on my colon. I didn’t need to get a hysterectomy. I was fine. She saw a cyst at the exam. She said she was going to do a hysterectomy. She did the hysterectomy and it was not on... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 20, 2023

A doctor, on review the records, would need to inform us if it was negligence to not know the location of the cyst prior to the surgery. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors... View More

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 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
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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 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

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

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