South Carolina Questions & Answers by Practice Area
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South Carolina Questions & Answers
Q: What are my options for a 3rd surgery on the same shoulder when dr.said he don't after 2 surgeries
Ilene Stacey King's answer
I can only give you a very general answer as more information is needed to give you a specific answer. In general, the workers' comp carrier has to provide treatment that is recommended by the authorized treating physician. No one can force a doctor to do a surgery he/she does not want to do. If the authorized treating physician does not want to do another surgery, you could seek a second opinion with another specialist. You might be able to get the carrier to provide a second opinion, or...
I can only give you a very general answer as more information is needed to give you a specific answer. In general, the workers' comp carrier has to provide treatment that is recommended by the authorized treating physician. No one can force a doctor to do a surgery he/she does not want to do. If the authorized treating physician does not want to do another surgery, you could seek a second opinion with another specialist. You might be able to get the carrier to provide a second opinion, or...
Q: Is it illegal for my children's father to file them on his taxes without a signed 8332 form from me, the mom?
Frank Huerta Jr's answer
If your husband forged your name that is illegal. Unfortunately many non-custodial parents do not fill out the 8332 when they file. If you are entitled to claim the children you will likely have to paper file since the children's social security numbers have been used and you will not be able to file electronically if your ex filed first. You will then likely have to prove that the children lived with you most of the year and you provided for more than 50% of their expenses.
If your husband forged your name that is illegal. Unfortunately many non-custodial parents do not fill out the 8332 when they file. If you are entitled to claim the children you will likely have to paper file since the children's social security numbers have been used and you will not be able to file electronically if your ex filed first. You will then likely have to prove that the children lived with you most of the year and you provided for more than 50% of their expenses.
Q: What would happen to the American born child of an undocumented Mexican woman if she were to be deported.
Allen C. Ladd's answer
It sounds like they must return together, as the best option, if she were to be deported.
For now, suggest you find an immigration lawyer and arrange a consultation to find out what other rights the mother has. If, for example, the US father abused her, then she may be able to apply for permanent residence as an abused spouse of a USC. (As you may know, here in SC we still have "common-law marriage" which does NOT require a marriage ceremony ... and USCIS will honor state law on...
It sounds like they must return together, as the best option, if she were to be deported.
For now, suggest you find an immigration lawyer and arrange a consultation to find out what other rights the mother has. If, for example, the US father abused her, then she may be able to apply for permanent residence as an abused spouse of a USC. (As you may know, here in SC we still have "common-law marriage" which does NOT require a marriage ceremony ... and USCIS will honor state law on...
Q: Are we in Admiralty law or common law. Cause our flags in our court room are gold fringed meaning Admiralty law
1 Answer
| Asked
in
Criminal Law, Admiralty / Maritime, Constitutional Law and Military Law
for
South Carolina
on
Answered on Jan 24, 2019
Answered on Jan 24, 2019
Timur Akpinar's answer
Courts today can apply elements of both types of law. It will come down to a matter of the type of case the court has subject matter jurisdiction over, so that if a federal district court is deemed to have admiralty jurisdiction over a matter, it will apply maritime law and the Federal Rules of Civil Procedure. However, our legal system does also embody common law, the notion of applying precedents established from earlier court decisions.
Tim Akpinar
Courts today can apply elements of both types of law. It will come down to a matter of the type of case the court has subject matter jurisdiction over, so that if a federal district court is deemed to have admiralty jurisdiction over a matter, it will apply maritime law and the Federal Rules of Civil Procedure. However, our legal system does also embody common law, the notion of applying precedents established from earlier court decisions.
Tim Akpinar
Q: My fifteen year old is being charged with conspiracy because he knew but didn’t tell what do I do?
1 Answer
| Asked
in
Criminal Law, Federal Crimes and Juvenile Law
for
South Carolina
on
Answered on Jan 21, 2019
Answered on Jan 21, 2019
John W. Molony's answer
Retain counsel as soon as possible. Contact a South Carolina criminal defense lawyer immediately to discuss this matter further.
Retain counsel as soon as possible. Contact a South Carolina criminal defense lawyer immediately to discuss this matter further.
Q: Can a car dealership hold a title and accept payments on a vehicle without financing through a bank or loan company
D. Nathan Davis' answer
Many car dealerships hold titles and have payments made directly to them. This is more common when purchasing a used car than a new car. There is nothing illegal or improper with the car dealer holding the title and taking payments provided that the dealer has properly registered his loan business with the proper agency.
Usually, when a car dealer holds the title and takes payments, the interest rate is much higher than from a bank or credit union.
Many car dealerships hold titles and have payments made directly to them. This is more common when purchasing a used car than a new car. There is nothing illegal or improper with the car dealer holding the title and taking payments provided that the dealer has properly registered his loan business with the proper agency.
Usually, when a car dealer holds the title and takes payments, the interest rate is much higher than from a bank or credit union.
Q: WCI is refusing to pay for the surgery that the doctor they sent my husband to has recommended. What are our options?
Carole Jean Hayes' answer
Short answer, you need an attorney and I think you probably know that. Your attorney needs to let the adjuster know what the authorized treating physician ordered: surgery. If they want a second opinion, fine, but sending him to PT has not been ordered and could make him worse. If an attorney can't take care of this for you by talking with the adjuster, an attorney/you will have to file for a hearing immediately. There are many issues here and speaking to an attorney regarding this matter...
Short answer, you need an attorney and I think you probably know that. Your attorney needs to let the adjuster know what the authorized treating physician ordered: surgery. If they want a second opinion, fine, but sending him to PT has not been ordered and could make him worse. If an attorney can't take care of this for you by talking with the adjuster, an attorney/you will have to file for a hearing immediately. There are many issues here and speaking to an attorney regarding this matter...
Q: i was in an accident on 1/10/2019 .i was hit from behind while sitting at a stop sign there was no damage to my car.
Timur Akpinar's answer
They may call you to ask about your injuries and how the accident occurred after verifying basic information with their insured. It's also possible they might not call you, depending on what they learned from their insured. Many South Carolina injury attorneys give free consultations. You could contact one in your area and learn more about your rights here, based on the injuries at hand.
Tim Akpinar
They may call you to ask about your injuries and how the accident occurred after verifying basic information with their insured. It's also possible they might not call you, depending on what they learned from their insured. Many South Carolina injury attorneys give free consultations. You could contact one in your area and learn more about your rights here, based on the injuries at hand.
Tim Akpinar
Q: If I am charged with a crime do I supposed to have a preliminary hearing and if I haven't had one what does that mean?
Stephen Grooms' answer
This is a question that needs to be answered by your attorney, it is possible that your charge has already been indicted and therefore the State doesn't have to provide you with a preliminary hearing.
This is a question that needs to be answered by your attorney, it is possible that your charge has already been indicted and therefore the State doesn't have to provide you with a preliminary hearing.
Q: Was injured at Walmart while working for them just recently. 4 days ago let H R know about losing feeling in both hands
4 Answers
| Asked
in
Employment Discrimination, Employment Law, Personal Injury and Civil Rights
for
South Carolina
on
Answered on Jan 15, 2019
Answered on Jan 15, 2019
Timur Akpinar's answer
Try additionally reposting your question in the Workers' Compensation section. Hopefully one of the experienced attorneys in that category could pick up the question.
Tim Akpinar
Try additionally reposting your question in the Workers' Compensation section. Hopefully one of the experienced attorneys in that category could pick up the question.
Tim Akpinar
Q: I fell at work on Friday, was in a little pain but ok. Now it's Sunday, can I go to ER and file WC on Mon.?
Ilene Stacey King's answer
In general, the workers' comp insurance carrier will only pay for treatment that they or the employer authorize. It's not a question of papers being filed but of approval before your go. There is an exception for true emergency treatment. If you don't get approval ahead of time, the ER visit may or may not be considered a true emergency. Your best bet is to try to get approval from your employer before you go to the ER. The employer may tell you to instead go to somewhere like a Doctor's...
In general, the workers' comp insurance carrier will only pay for treatment that they or the employer authorize. It's not a question of papers being filed but of approval before your go. There is an exception for true emergency treatment. If you don't get approval ahead of time, the ER visit may or may not be considered a true emergency. Your best bet is to try to get approval from your employer before you go to the ER. The employer may tell you to instead go to somewhere like a Doctor's...
Q: When you receive a registered letter from sc law what does that mean ?
D. Nathan Davis' answer
Receiving a letter from SC Law could mean anything. You need to read the letter. If they want you to come in to talk to them, do not do so without first talking to an attorney. For some reason, you have been singled out. If there is any idea that you may be aware of or be the subject of a criminal investigation, you need to remember that anything you say can and will be used against you.
Receiving a letter from SC Law could mean anything. You need to read the letter. If they want you to come in to talk to them, do not do so without first talking to an attorney. For some reason, you have been singled out. If there is any idea that you may be aware of or be the subject of a criminal investigation, you need to remember that anything you say can and will be used against you.
Q: My father and his sister are both on the Deed to the home he lives in. She passed away how can he get deed, no will.
Ben F Meek III's answer
He may not need to do anything. It depends on how they held title. If the Deed provides that dad and sister owned the property as "joint tenants with right of survivorship", then he became the sole owner by law when she died. There would be nothing to probate and no need to change title. If the words "joint tenants with right of survivorship" do not appear on the deed, he will most likely have to have his sister's estate administered through probate to pass the title to her interest in the...
He may not need to do anything. It depends on how they held title. If the Deed provides that dad and sister owned the property as "joint tenants with right of survivorship", then he became the sole owner by law when she died. There would be nothing to probate and no need to change title. If the words "joint tenants with right of survivorship" do not appear on the deed, he will most likely have to have his sister's estate administered through probate to pass the title to her interest in the...
Q: If I divorce my wife and she then leaves the country to live in Kenya, how can I get my divorce finalized?
1 Answer
| Asked
in
Divorce, Family Law and Immigration Law
for
South Carolina
on
Answered on Jan 4, 2019
Answered on Jan 4, 2019
Allen C. Ladd's answer
It's a question for a family lawyer. I believe a family lawyer can advise you how you can resolve this issue. PLEASE don't try to handle this by yourself , or your fears may be justified.
It's a question for a family lawyer. I believe a family lawyer can advise you how you can resolve this issue. PLEASE don't try to handle this by yourself , or your fears may be justified.
Q: on the I-134. Do I put my 11 year son as my dependent? He lives with his mom and he's her taxes as a dependent. ?
Allen C. Ladd's answer
If you provide support to him, and it looks like you do, then you should list him on the I-134.
If you provide support to him, and it looks like you do, then you should list him on the I-134.
Q: Can a new (first time) child support court order request funds for previous years of non-support?
Cheryl Ann Truesdale's answer
Child support will be prospective not retrospective. The South Carolina Child Support Guidelines will determine the child support amount unless you and the mother agree to a different amount. I strongly advise you to consult with a family law practitioner in your area before making any decision.
Child support will be prospective not retrospective. The South Carolina Child Support Guidelines will determine the child support amount unless you and the mother agree to a different amount. I strongly advise you to consult with a family law practitioner in your area before making any decision.
Q: My mom died and left the house to me and two other siblings the house is paid for I want out of the property
Vincent Gallo's answer
If you own an undivided 1/3 interest in the real estate, then you are free to convey it to whomever you want, provided that the grantee wants to accept your 1/3 interest in the real estate.
If you own an undivided 1/3 interest in the real estate, then you are free to convey it to whomever you want, provided that the grantee wants to accept your 1/3 interest in the real estate.
Q: Is it legal for an adjuster to contact my adjuster when I only filled against the parties insurance?
Peter Munsing's answer
Adjusters can talk. Adjuster can ask your wife for a statement and she can refuse. The other insurance has 30 days usually to process the claim. Why not call a member of the SC Trial Lawyers like Chuck Jacobson in Charleston? Tell him I suggested you call. He'll give you a free consult.
Adjusters can talk. Adjuster can ask your wife for a statement and she can refuse. The other insurance has 30 days usually to process the claim. Why not call a member of the SC Trial Lawyers like Chuck Jacobson in Charleston? Tell him I suggested you call. He'll give you a free consult.
Q: My mom recently died. She only owned one car with 135,000 miles on it. So we need to go through probate?
Ben F Meek III's answer
Probably not. Most states have "small estate affidavits" (these documents go by many names) that permit the heirs to swear under oath as to the death of their ancestor (with a copy of the death certificate), the identity and location of the heirs, and other information. Banks, title agencies, and others are allowed to rely on these documents to release property of the deceased ancestor to the heirs. There are usually caps on the value of the property that can be passed in this way, but it...
Probably not. Most states have "small estate affidavits" (these documents go by many names) that permit the heirs to swear under oath as to the death of their ancestor (with a copy of the death certificate), the identity and location of the heirs, and other information. Banks, title agencies, and others are allowed to rely on these documents to release property of the deceased ancestor to the heirs. There are usually caps on the value of the property that can be passed in this way, but it...
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