Ask a Question

Get free answers to your Personal Injury legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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

View More 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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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...
View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

View More Answers

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 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
PREMIUM
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

View More Answers

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...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.