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?

2 Answers | Asked in Workers' Compensation for South Carolina on
Answered on Oct 16, 2017

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.
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Q: Do siblings have any rights in a wrongful death suit or is it just the spouse?

1 Answer | Asked in Wrongful Death for South Carolina on
Answered on Oct 10, 2017

Depends on your state. Contact a member of the SC Assn for Justice like Carl Jacobson in Charleston for a free consultation.
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Q: Do we have a case?

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for South Carolina on
Answered on Oct 9, 2017

Contact a member of the SC Trial Lawyers Assn like Chuck Jacobson in Charleston,as they give free consultations.
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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

Elaborate further. How much payment you expect? Did you agree to certain amount in lump sum, daily, weekly or percentage, etc.
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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?

2 Answers | Asked in Divorce and Child Custody for South Carolina on
Answered on Oct 4, 2017

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.
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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

1 Answer | Asked in Business Law for South Carolina on
Answered on Sep 30, 2017

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.
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Q: Hi, Im 18 years old, I want to marry my boyfriend undocument immigrant, which he stayed after visa expired. Can we?

1 Answer | Asked in Immigration Law for South Carolina on
Answered on Sep 30, 2017

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.
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Q: what if my sister is not a resident of South Carolina, but a resident of West Virginia-Does that matter

1 Answer | Asked in Probate for South Carolina on
Answered on Sep 29, 2017

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
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Q: my mother passed and had accounts with my sister on them. Does these have to be divided if the will states everything?

1 Answer | Asked in Probate for South Carolina on
Answered on Sep 29, 2017

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...
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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

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...
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Q: Can I get out of my timeshare?

1 Answer | Asked in Real Estate Law for South Carolina on
Answered on Sep 18, 2017

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.
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Q: What is the average cost to get a provisional patent for an app idea?

1 Answer | Asked in Patents for South Carolina on
Answered on Sep 17, 2017

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...
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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

"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....
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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

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.
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Q: Our Real Estate Agent didn't let the buyers know there was abestoes. What are our legal actions

1 Answer | Asked in Real Estate Law for South Carolina on
Answered on Sep 9, 2017

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...
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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

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.
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Q: Can a jury trial be requested in a. (Notice to quit premises..) civil case. 5 day notice.... If so on what grounds ...

1 Answer | Asked in Landlord - Tenant for South Carolina on
Answered on Aug 31, 2017

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.
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Q: Was injured playing baseball on our office league team - can I file for workers comp?

2 Answers | Asked in Workers' Compensation for South Carolina on
Answered on Aug 25, 2017

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.
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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

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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Q: When documents of a case is made public to see does that mean the case is done. "Wrongful death"

1 Answer | Asked in Wrongful Death for South Carolina on
Answered on Aug 24, 2017

Sit down, in person, for an explanation.
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