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South Carolina Personal Injury Questions & Answers
2 Answers | Asked in Animal / Dog Law, Civil Litigation, Products Liability and Personal Injury for South Carolina on
Q: How to join a class action lawsuit as a plaintiff for pet damages?

I would like to know how to join a class action lawsuit against a manufacturer whose product caused damages to my pet, including muscle control loss, paresis, recumbency, and a UTI. I have already opened a case with the manufacturer but am not yet part of the lawsuit. What steps do I need to take... View More

Tim Akpinar
Tim Akpinar
answered on Apr 22, 2025

I'm sorry about what your pet is going through. You'll need to search online for information about the case, and contact the administrator or one of the managing attorneys. If an attorney is handling your current case on an individual basis, first discuss with them and let them know about... View More

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Q: How to cancel annuity signed without authorization in SC?

My mom is planning her retirement, and recently, we worked with an agent to move her federal savings into a SPIA annuity account. However, we discovered that the agent electronically signed my mom's name on the annuity application without her knowledge or authorization. He claims that to... View More

D. Nathan Davis
D. Nathan Davis
answered on Apr 8, 2025

I am questioning if your mother did not authorize an electronic signing. I am guessing that this is the situation, and I also believe that she signed something to move money into the account. Electronic signatures are binding in most situations.

How was the money moved to the annuity if...
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2 Answers | Asked in Personal Injury and Business Law for South Carolina on
Q: Tire from truck injured me; need a new lawyer in SC

While opening my barbershop, a tire from a pickup truck detached and struck me, causing me to dive for safety and injuring my back. I received medical treatment for my injuries. The driver remained at the scene, and a state trooper report was filed. I had a lawyer but was not satisfied, and... View More

Tim Akpinar
Tim Akpinar
answered on Apr 4, 2025

A South Carolina attorney could advise best, but your question remains open for a week. I'm sorry about the accident and the injuries and shop damage you suffered as a result. If you're looking for another attorney, you'd need to reach out to law firms on your own. No one here could... View More

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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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Q: Do I need to resolve my auto accident case within the next 4 months?

I was in an auto accident on September 22, and I filed a claim immediately afterward. Bills related to the accident were submitted within a year, but some were denied. I requested arbitration in February and September of the following year. The insurance company has been delaying discovery and... View More

Tim Akpinar
Tim Akpinar
answered on May 19, 2025

A South Carolina attorney should advise, since your question involves state procedural law (SOL). But as a general matter, if suit is filed, the statute of limitations does not usually mean that the matter has to be concluded within the timeframe of the SOL. It usually means the matter must be... View More

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1 Answer | Asked in Car Accidents, Criminal Law and Personal Injury for South Carolina on
Q: Clarification on left turn fault and SC laws 56-6-1860 & 56-5-1880.

I was turning left into a driveway with my signal on, and no oncoming traffic, when a vehicle two cars behind me tried to pass as I was already turning, resulting in them driving into a ditch. There was no collision or injuries. The officer stated it was my fault, claiming I should have allowed all... View More

James L. Arrasmith
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answered on May 15, 2025

What happened to you is frustrating, especially since there was no collision and you had your turn signal on. Under South Carolina law, drivers making a left turn must yield to oncoming traffic and also ensure it's safe before turning. However, SC Code 56-5-1860 focuses on passing on the left... View More

1 Answer | Asked in Libel & Slander and Personal Injury for South Carolina on
Q: Can I take legal action against my mother for sharing information about my active bench warrant?

I have an active bench warrant in New Mexico due to a missed court date, and my mother is telling strangers about this legal issue, claiming it's public knowledge. I've asked her to stop but she continues. This has caused me significant repercussions. Can I take legal action against her?

James L. Arrasmith
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answered on May 14, 2025

You're in a difficult and personal situation, and it's understandable that you're hurt and frustrated. When someone close to you—especially a family member—shares sensitive information, it can feel like a deep betrayal. Even though a bench warrant is public record in most states,... View More

1 Answer | Asked in Business Law, Contracts, Products Liability and Personal Injury for South Carolina on
Q: Can I sue a food truck manufacturer for construction defects and damages in South Carolina?

I am seeking legal advice regarding a lawsuit against a manufacturer who constructed my food truck. The truck was built without the required insulation, the cooking equipment was not converted to propane, and plastic was left on the hood vent, resulting in a fire that caused property damage and a... View More

James L. Arrasmith
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answered on May 14, 2025

You’ve been put in a difficult and unfair position, especially after investing your time and money into launching your food truck business. A fire caused by construction defects like improper insulation, failure to convert the cooking equipment to propane, and leaving plastic on the hood vent can... View More

1 Answer | Asked in Civil Litigation, Real Estate Law, Personal Injury and Insurance Defense for South Carolina on
Q: My window was broken by a golfer's ball, and the golf club claims they can't identify the golfer to take responsibility. What can I do in South Carolina?

On April 11, 2025, my house window was broken by a golf ball hit by a golfer on a nearby course. I have video evidence of the golfer retrieving their ball, but the golf club claims they can't identify the player since they might be from another country and states no one is responsible for the... View More

James L. Arrasmith
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answered on May 14, 2025

What happened to you is frustrating and unfair, especially when you have video evidence and the golf club refuses to take any responsibility. In South Carolina, a golf club could potentially be held liable if they were aware that property damage was foreseeable and failed to take reasonable steps... View More

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