South Carolina Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
- Adoption
- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Broker Fraud
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Patents
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
South Carolina Questions & Answers
Q: employer asked me not to file workers comp when I was bit by spider and now they won't pay hospital bills?
Carole Jean Hayes' answer
In South Carolina, the employer is responsible for payment of related medical bills pursuant to the workers compensation act. There are many issues that can easily be addressed in a quick consult. We can certainly assist.
In South Carolina, the employer is responsible for payment of related medical bills pursuant to the workers compensation act. There are many issues that can easily be addressed in a quick consult. We can certainly assist.
Q: Do siblings have any rights in a wrongful death suit or is it just the spouse?
Peter Munsing's answer
Depends on your state. Contact a member of the SC Assn for Justice like Carl Jacobson in Charleston for a free consultation.
Depends on your state. Contact a member of the SC Assn for Justice like Carl Jacobson in Charleston for a free consultation.
Q: Do we have a case?
1 Answer
| Asked
in
Personal Injury, Health Care Law and Medical Malpractice
for
South Carolina
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Answered on Oct 9, 2017
Answered on Oct 9, 2017
Peter Munsing's answer
Contact a member of the SC Trial Lawyers Assn like Chuck Jacobson in Charleston,as they give free consultations.
Contact a member of the SC Trial Lawyers Assn like Chuck Jacobson in Charleston,as they give free consultations.
Q: I assisted sales rep at my company with a sale . He sent an email that he would pay me, that never happened.
1 Answer
| Asked
in
Civil Litigation, Contracts and Employment Law
for
South Carolina
on
Answered on Oct 6, 2017
Answered on Oct 6, 2017
Salim U. Shaikh's answer
Elaborate further. How much payment you expect? Did you agree to certain amount in lump sum, daily, weekly or percentage, etc.
Elaborate further. How much payment you expect? Did you agree to certain amount in lump sum, daily, weekly or percentage, etc.
Q: My husband and I are getting a divorce in SC. haven't been to court yet, who gets temporary custody of our 10 month old?
Salim U. Shaikh's answer
Are you going for agreed divorce or planning to get through the court. The moment you formally approach the SC-Court, status or decision for temporary custody can be decided on same day if your Attorney submits a motion.
It's not clear whether home is a marital property or not ... before approaching the Court make up your mind and be fact-specific to determine all these issues.
Are you going for agreed divorce or planning to get through the court. The moment you formally approach the SC-Court, status or decision for temporary custody can be decided on same day if your Attorney submits a motion.
It's not clear whether home is a marital property or not ... before approaching the Court make up your mind and be fact-specific to determine all these issues.
Q: My wife has a business with the name of sheeps and peeps as well as having an EIN number and she would like to place it
Salim U. Shaikh's answer
One need to be vigilant before entering into business, Confusion in calling of name may arise, however, she may properly identify the one whom she is involved in business. Asking their registration details, no. and other details etc. that make the one distinct from the other.
One need to be vigilant before entering into business, Confusion in calling of name may arise, however, she may properly identify the one whom she is involved in business. Asking their registration details, no. and other details etc. that make the one distinct from the other.
Q: Hi, Im 18 years old, I want to marry my boyfriend undocument immigrant, which he stayed after visa expired. Can we?
Salim U. Shaikh's answer
To marry a person one need to be legally competent. Understanding you are legally competent and he has certain defects e.g. over-stay beyond expiry of visa, etc. Can he extend his stay? You may marry and he can benefit from your legal status.
To marry a person one need to be legally competent. Understanding you are legally competent and he has certain defects e.g. over-stay beyond expiry of visa, etc. Can he extend his stay? You may marry and he can benefit from your legal status.
Q: what if my sister is not a resident of South Carolina, but a resident of West Virginia-Does that matter
Kenneth V Zichi's answer
You missed a step in your question.
It matters about where she should file taxes.
It doesn't matter in determining whether or not she's your sister.
What is your question -- does it matter about WHAT?
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
You missed a step in your question.
It matters about where she should file taxes.
It doesn't matter in determining whether or not she's your sister.
What is your question -- does it matter about WHAT?
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
Q: my mother passed and had accounts with my sister on them. Does these have to be divided if the will states everything?
Kenneth V Zichi's answer
If they are joint with rights of survivorship, no, they pass outside the will to whomever is named as the joint owner 'legally'. MORALLY may be another situation, but that is a discussion you and your sister need to have. Enter into that discussion with the knowledge that she probably doesn't HAVE to share and you won't be able to "sue" or take other legal action, but so long as that is known up front, this IS probably a discussion that needs to be had if your sister doesn't bring it up herself...
If they are joint with rights of survivorship, no, they pass outside the will to whomever is named as the joint owner 'legally'. MORALLY may be another situation, but that is a discussion you and your sister need to have. Enter into that discussion with the knowledge that she probably doesn't HAVE to share and you won't be able to "sue" or take other legal action, but so long as that is known up front, this IS probably a discussion that needs to be had if your sister doesn't bring it up herself...
Q: If a case was dismissed am I a convicted felon
1 Answer
| Asked
in
Criminal Law, Gov & Administrative Law and White Collar Crime
for
South Carolina
on
Answered on Sep 25, 2017
Answered on Sep 25, 2017
Michael Hajarizadeh's answer
I am an attorney in Oregon so keep in mind that SC law is likely different there. First, there may be a difference on what you need to and can do depending on what occurred in your case. Most legal matters are fact specific. For instance, if the prosecutor brought charges against you and then later decided that you a) didn't do it, b) they didn't have enough evidence to proceed and ultimately dismissed the case without proceeding then you would not have a conviction, as you never plead...
I am an attorney in Oregon so keep in mind that SC law is likely different there. First, there may be a difference on what you need to and can do depending on what occurred in your case. Most legal matters are fact specific. For instance, if the prosecutor brought charges against you and then later decided that you a) didn't do it, b) they didn't have enough evidence to proceed and ultimately dismissed the case without proceeding then you would not have a conviction, as you never plead...
Q: Can I get out of my timeshare?
Michael Hales' answer
It's possible to get out of this contract. I wrote an article for the state bar association a while back that will have valuable information for you and your attorney. You can access it here: https://www.targheelaw.com/article.
It's possible to get out of this contract. I wrote an article for the state bar association a while back that will have valuable information for you and your attorney. You can access it here: https://www.targheelaw.com/article.
Q: What is the average cost to get a provisional patent for an app idea?
Peter D. Mlynek's answer
The filing fee that the U.S. Patent Office charges for a provisional patent application is $260 if you are a large business, $130 if you are a small business, or $65 if you are an individual inventor (but not too rich).
But the filing cost is not an issue. You need to have a good patent agent or patent attorney to prepare the application for you. That could be anywhere from a few hundred dollars to well over $10,000.
Why such a huge range? Well, a provisional patent...
The filing fee that the U.S. Patent Office charges for a provisional patent application is $260 if you are a large business, $130 if you are a small business, or $65 if you are an individual inventor (but not too rich).
But the filing cost is not an issue. You need to have a good patent agent or patent attorney to prepare the application for you. That could be anywhere from a few hundred dollars to well over $10,000.
Why such a huge range? Well, a provisional patent...
Q: Trying to figure out how to deal with selling mom's house i inherited
1 Answer
| Asked
in
Estate Planning and Real Estate Law
for
South Carolina
on
Answered on Sep 14, 2017
Answered on Sep 14, 2017
Kenneth V Zichi's answer
"Establishing" FMV is determining what a willing buyer and willing seller would agree to for a price. YOU are the seller. You can sell your own property for whatever YOU think is 'fair' but you may want to get an appraisal or otherwise compare what the market is supporting for similar properties.
It REALLY sounds to me like you should be looking to work with a local attorney and perhaps a real estate agent if you need help marketing and determining what a 'fair' price would be....
"Establishing" FMV is determining what a willing buyer and willing seller would agree to for a price. YOU are the seller. You can sell your own property for whatever YOU think is 'fair' but you may want to get an appraisal or otherwise compare what the market is supporting for similar properties.
It REALLY sounds to me like you should be looking to work with a local attorney and perhaps a real estate agent if you need help marketing and determining what a 'fair' price would be....
Q: My mother passed away but didn't have a will. My step father's not giving me any of her things.
1 Answer
| Asked
in
Estate Planning, Family Law, Civil Rights and Probate
for
South Carolina
on
Answered on Sep 11, 2017
Answered on Sep 11, 2017
Taylor Silver's answer
If she died without a will you are likely entitled to some of her estate. You need to speak to a probate attorney about your predicament as soon as possible to avoid possible loss of estate property.
If she died without a will you are likely entitled to some of her estate. You need to speak to a probate attorney about your predicament as soon as possible to avoid possible loss of estate property.
Q: Our Real Estate Agent didn't let the buyers know there was abestoes. What are our legal actions
Gregory Andrews Cade's answer
Disclosure of asbestos is mandatory, regardless of whether it poses a health hazard or not. While the presence of asbestos-containing materials is to be expected in the vast majority of old buildings, the seller is required by law to notify future owners with regard to the existence of such products on the property, as well as to reveal the exact location of asbestos in the house and to warn them against disturbing it. Nevertheless, since your brother is not directly responsible for failing to...
Disclosure of asbestos is mandatory, regardless of whether it poses a health hazard or not. While the presence of asbestos-containing materials is to be expected in the vast majority of old buildings, the seller is required by law to notify future owners with regard to the existence of such products on the property, as well as to reveal the exact location of asbestos in the house and to warn them against disturbing it. Nevertheless, since your brother is not directly responsible for failing to...
Q: How does an unlawful communication case go down in court? What are the penalties? Is jail time a likely outcome?
1 Answer
| Asked
in
Communications Law and Criminal Law
for
South Carolina
on
Answered on Sep 3, 2017
Answered on Sep 3, 2017
James Thomas' answer
The possible penalties for a violation of South Carolina's unlawful communication statute (SC Code 16-17-430) are a fine between $100 and $500 or a jail sentence of up to 30 days. So a jail sentence does not have to be imposed upon a conviction, but it would be wise to retain an attorney to defend against the charge.
The possible penalties for a violation of South Carolina's unlawful communication statute (SC Code 16-17-430) are a fine between $100 and $500 or a jail sentence of up to 30 days. So a jail sentence does not have to be imposed upon a conviction, but it would be wise to retain an attorney to defend against the charge.
Q: Can a jury trial be requested in a. (Notice to quit premises..) civil case. 5 day notice.... If so on what grounds ...
Peter Munsing's answer
Your best bet is to contact legal services /legal aid. Even if they can't give you representation they can answer those questions and will likely have information on your rights.Usually those cases are brought in a small claims setting. If you don't like the result most states provide you can go to regular civil court and may or may not get a jury--depends exactly what they are looking for.
Your best bet is to contact legal services /legal aid. Even if they can't give you representation they can answer those questions and will likely have information on your rights.Usually those cases are brought in a small claims setting. If you don't like the result most states provide you can go to regular civil court and may or may not get a jury--depends exactly what they are looking for.
Q: Was injured playing baseball on our office league team - can I file for workers comp?
Carole Jean Hayes' answer
When participating in work related activities, injuries very well may be compensable. There are many considerations and you should certainly contact a workers' compensation attorney. We do not charge for consultations and chances are you have a claim.
When participating in work related activities, injuries very well may be compensable. There are many considerations and you should certainly contact a workers' compensation attorney. We do not charge for consultations and chances are you have a claim.
Q: ZILLOW Inc is publishing false, erroneous and misleading info - and they refuse to correct it- what can be done??
1 Answer
| Asked
in
Personal Injury, Libel & Slander, Consumer Law and Real Estate Law
for
South Carolina
on
Answered on Aug 24, 2017
Answered on Aug 24, 2017
Peter Munsing's answer
I don't see it--it's an estimate. They can use whatever metrics they want. If you feel your property is worth more then the agent selling it for you can promote it appropriately. They aren't required to change just because you took advantage of the tax system to challenge the valuation and it got a reduced valuation. Put the tax money you saved into boosting it's value.
I don't see it--it's an estimate. They can use whatever metrics they want. If you feel your property is worth more then the agent selling it for you can promote it appropriately. They aren't required to change just because you took advantage of the tax system to challenge the valuation and it got a reduced valuation. Put the tax money you saved into boosting it's value.
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