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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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1 Answer | Asked in Medical Malpractice and Personal Injury for South Carolina on
Q: What legal action can be taken if a child is vaccinated without parental consent?

My husband and I decided against giving our children the HPV vaccine. Recently, during a Well Visit, our 11-year-old son was mistakenly given the Gardasil HPV vaccine along with the routine shots we consented to. We have repeatedly refused the HPV vaccine since he was nine, but it appears there’s... View More

James L. Arrasmith
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answered on Apr 13, 2025

If your child was given the HPV vaccine without your consent, you may have grounds for legal action, as parents generally have the right to make medical decisions for their children. Since you had previously refused the vaccine, the first step is to gather any evidence of your refusals, such as... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for South Carolina on
Q: Can I explore legal options for early discharge from Oconee Memorial Hospital despite feeling unready?

I recently had a hospital stay at Oconee Memorial Hospital, where the nurses mentioned my discharge would depend on how I felt. Despite expressing my dizziness and not feeling ready to be discharged, the doctors released me based on medical statistics rather than my input. I have experienced... View More

James L. Arrasmith
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answered on Apr 13, 2025

It sounds like you're going through a challenging situation. If you were discharged from Oconee Memorial Hospital despite expressing concerns about your dizziness and feeling unready, you may have grounds to explore your legal options. Hospitals are required to make decisions about discharge... View More

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Personal Injury for South Carolina on
Q: How to address condo damage from upstairs leak in SC?

I live in a condo in South Carolina, and a water heater and dishwasher leak from the upstairs condo caused damage to mine. It has been deemed the fault of the upstairs condo owner, but I am unable to obtain their insurance information. What steps should I take to file a claim or address this... View More

James L. Arrasmith
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answered on Apr 12, 2025

To address the damage caused by the upstairs leak, the first step is to document all the damage thoroughly. Take photos and keep records of any repairs or communications with your landlord or neighbors regarding the issue. You should also report the incident to your condo association if you... View More

2 Answers | Asked in Car Accidents, Personal Injury and Insurance Defense for South Carolina on
Q: Will the at-fault party cover medical bills if I seek treatment myself after a rear-end accident?

I was rear-ended while stopped, and the other party's insurance has claimed liability. I have a police report from the scene. I have not sought medical treatment yet because I'm unsure if it will be covered by their insurance. If I seek medical attention on my own, will the other party... View More

Titus Thomas Nichols
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answered on Apr 8, 2025

Hello,

The value of your case is going to be based upon your medical bills. If you are in pain, then it is vital that you seek medical treatment ASAP.

In addition to your case, there is also the fact that if you do not get proper treatment, then your body is going to heal the...
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1 Answer | Asked in Personal Injury and Civil Rights for South Carolina on
Q: I was recently thrown in jail for a bogus trespassing charge at the hospital I was in.

I'm paraplegic and was assaulted by jailors before release

James L. Arrasmith
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answered on Jan 5, 2025

I’m truly sorry you’ve experienced this. It’s important to reach out to a trusted attorney who can help address the wrongful charge and the treatment you received while in custody.

Contact organizations that support individuals with disabilities, as they can provide resources and...
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