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South Carolina Personal Injury Questions & Answers
1 Answer | Asked in Civil Litigation, Landlord - Tenant, Personal Injury and Civil Rights for South Carolina on
Q: I feel like I have a good case for a lawsuit against my former leasing company that I rented from. It’s a lot.
James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 29, 2023

To determine whether you have a viable case against your former leasing company, it's important to consider several key factors. First, identify the specific grievances you have against the company. These could include issues like breach of the lease agreement, failure to maintain the... View More

1 Answer | Asked in Contracts, Personal Injury and Civil Litigation for South Carolina on
Q: My storage unit was broken into through the inside,the unit next to mine was rented and they broke the walls.

The property manager said the cameras weren’t working at the time of the robbery but the district manager said they do work they need the monitors fixed. I haven’t received any updates or anything from the public storage. They haven’t fixed the walls that were damaged in the unit either.... View More

John Michael Frick
John Michael Frick
answered on Oct 3, 2023

You should make a claim on your insurance for the value of the stolen items. Your insurance company will be subrogated to any lawsuit you may file. If the thieves are identified, you likely have a very good lawsuit against them, but they may not have any non-exempt assets to satisfy any judgment... View More

2 Answers | Asked in Car Accidents and Personal Injury for South Carolina on
Q: Can you sue a person Civil court for pain and suffering from an auto accident & their insurance company also?

They were given a citation for the cause of the accident in the state of South Carolina.

Roy Willey
Roy Willey
answered on Sep 24, 2023

Yes, in SC our law requires an individual to have insurance to operate a motor vehicle, and our law requires that if that person injures someone in a motor vehicle accident they must be sued in their individual name to collect their insurance money if not settled out of court. Our law does not... View More

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1 Answer | Asked in Personal Injury and Landlord - Tenant for South Carolina on
Q: i been living in a apt complex for over 1 year with mold and now have to use 3 inhalers and take excedrine everyday

smoke detector malfunction from water damage and there was a fire in budling and life was threated cause was unable to get out due to non working smoke detector and have the proof of mold i work from home so inhaling

mold everyday

Tim Akpinar
Tim Akpinar
answered on Sep 18, 2023

A South Carolina attorney could advise best, but your question remains open for two weeks. I'm sorry for the ordeal this has caused you. I can only speak for the personal injury-related aspects of your question. You could reach out to law firms to try to arrange a free initial consult. Gather... View More

1 Answer | Asked in Personal Injury and Collections for South Carolina on
Q: Hi my name is____and in and 2004 I broke my femur and was issued settlement for 127k signed by a judge I'd like help
Tim Akpinar
Tim Akpinar
answered on Aug 31, 2023

A South Carolina attorney could advise best, but your question remains open for a week. I'm sorry about your injury. It isn't clear what kind of help you need - You disagree with figure? You have questions about how to collect figure? etc. If you have an attorney on the case, they would... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for South Carolina on
Q: yearly exam to my OB doctor. She said I had a cyst on my ovary so we’re gonna do a hysterectomy I go for follow up and

She Said oh the cyst was not on your ovary. It was on your colon, so why did you give me a full hysterectomy if it was on my colon. I didn’t need to get a hysterectomy. I was fine. She saw a cyst at the exam. She said she was going to do a hysterectomy. She did the hysterectomy and it was not on... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 20, 2023

A doctor, on review the records, would need to inform us if it was negligence to not know the location of the cyst prior to the surgery. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors... View More

1 Answer | Asked in Personal Injury for South Carolina on
Q: Can you sue a business for falsely accusing you of something you didn't do in front of others? Mistaken for someone else

I was checking out at a store and the employee and manager accused me of throwing things at her when she wouldn't sell me something. She asked me not to return to the store. This was done in front of other customers as well. I tried telling them I didn't know what they were talking about... View More

Tim Akpinar
Tim Akpinar
answered on Jul 16, 2023

A South Carolina attorney could advise best, but your question remains open for two weeks. Technically, one could sue if they suffered harm as a result of a false statement. The legal theory is defamation. But from a practical standpoint, it could be difficult to find a law firm to handle something... View More

1 Answer | Asked in Personal Injury for South Carolina on
Q: If 63-year-old woman was hit by a bike by a 8-year-old boy in her neighborhood, can she sue the boy? What compensation?

The 63-year-old lady was chatting in the street while the 8-year-old boy was riding in the neighborhood. Suddenly, the bike hit the lady's hip, ankle, and fingers. The boy was playing with his sister and wasn't looking forward while riding his bike. He's not purposeful. The lady was... View More

Roy Willey
Roy Willey
answered on Jul 12, 2023

Yes, the lady can sue for negligence. Depending on the particular facts the boys parents and/or their insurance may be liable. She should consult with an experienced personal injury attorney who will gather all of the facts, conduct an investigation and determine her best path forward.

2 Answers | Asked in Personal Injury for South Carolina on
Q: 8-year-old son accidentally hit 63-year-old neighbor in SC. Is it illegal that the neighbor asks $5000 due to her pain?

My neighbor and my mom were chatting in the street near our house. My son, 8-year-old, was riding a bike. When he was around 5 ft away from my neighbor, he stopped and turned his head to talk to his sister, then he pressed down on his pedal while still looking backward at his sister. Then quickly... View More

Zach S. Naert
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Zach S. Naert
answered on Jun 29, 2023

Your neighbor can ask for any amount of money for anything such as pain and suffering, but that does not mean that your neighbor would be entitled to anything for same, or the $5,000.00 being requested. If you are going to make an effort to resolve this dispute, or not, you should consult with an... View More

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1 Answer | Asked in Civil Litigation, Health Care Law, Personal Injury and Wrongful Death for South Carolina on
Q: Can my family sue for how a hospital profiled my mother who passed away? Failed to diagnose cancer but passed from clot.

My mothers medical journey was a nightmare and a hospital system failed her horribly. She was profiled from day one. Even her FNP will attest to this. We had an autopsy done. Her abdomen had caused her pain for almost a year. Protruding and painful. The cancer center cancelled her appt 2 months... View More

Tim Akpinar
Tim Akpinar
answered on May 8, 2023

A South Carolina attorney could advise best, but your post remains open for two weeks. I'm very sorry for the loss of your mother. You could reach out to law firms to try to set up a free initial consult. This appears to be a complex file with a long patient history - and it isn't clear... View More

1 Answer | Asked in Personal Injury and Health Care Law for South Carolina on
Q: Mis- diagnosed by ER then 24 hours later admitted with 3% survival rate to ICU for 45 days

The ER discharge him with a 500 blood sugar and never told him it was severely elevated 24 hrs later he's in ICU with only 3% Survival rate

Tim Akpinar
Tim Akpinar
answered on Apr 15, 2023

A South Carolina attorney could advise best, but your question remains open for a week. It could be difficult for attorneys to meaningfully assess the situation, based on the limited details of the brief post here. You could try to arrange a free initial consult with a law firm in your state. If... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for South Carolina on
Q: Would I have a claim of malpractice I had surgery and a day later I fell in the shower at the hospital

The nurse said I needed to get up and take a shower I didn't want to but she said I had to. She turned on the water didn't assist me but left me to go make up my bed. I fell in the shower, when I woke up three other nurses were giving me smelling stuff. They did blood work and ekg. The... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 3, 2023

If this occurred 5 years ago, it may be beyond the time limit to sue. Consult with an experienced medical malpractice attorney in your state.

What the nurse did might have been below the standard of care, depending on your condition--another health care provider would have to give your...
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2 Answers | Asked in Personal Injury and Car Accidents for South Carolina on
Q: What is the quickest way to fire my personal injury lawyer I just hired? I’m in South Carolina. Need a new one!

Hired a personal injury, lawyer not satisfied with them. Been almost 3 months. She is doing the bare minimum and I I want a lawyer, who knows the ins and out and tricks and laws, and knows what to ask for so I don’t get screwed over in my case. I need someone who knows stuff like the fact that I... View More

Roy Willey
Roy Willey
answered on Mar 3, 2023

In South Carolina, like most states, the client owns the file. Therefore, to fire an attorney all you have to do is reach out to their office (preferably in writing via email / letter) notify them that you no longer need their services and ask for a full and complete copy of your file. Your next... View More

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2 Answers | Asked in Car Accidents and Personal Injury for South Carolina on
Q: Car accident i was hit from behind and his ins company not doing anything for me i need a rental car. But they not tryn

It been 11 days and i still dont have nothing to drive hes from Virginia sc. Im from gaffeny sc what r my rights n should i just hire a lawyer to handle it. I got injurys to. Whip lash. N knot on my left leg thats not going away.

Titus Thomas Nichols
Titus Thomas Nichols pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 5, 2023

Under South Carolina Law, you are entitled to compensation for pain and suffering, ALL OF YOUR MEDICAL BILLS, and any lost wages. Many times Insurance companies engage in delaying tactics in hope that you will just give up and accept a lower offer.

You should speak with a licensed attorney...
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1 Answer | Asked in Car Accidents and Personal Injury for South Carolina on
Q: Whats my rights. If u were n a accident hit from behind. And 0other driver was uninsured and hes not remembering nothing

I was hurt n treated at hosptial totled my car and i was want to see what can i do about. My dr bills n my car he was at fault sc hwy patrol said n report.

Roy Willey
Roy Willey
answered on Dec 26, 2022

You should contact any attorney in this instance. In SC if your car was insured, the insurance company is also required to provide uninsured coverage in the event you get hit by an uninsured driver. Sometimes other parties are also not honest about whether or not they have insurance coverage and... View More

1 Answer | Asked in Personal Injury and Insurance Defense for South Carolina on
Q: in S Carolina. A large construction equipment rental co rents out 34ft lift. Improper maintenance caused bodily injury.

In South Carolina. A rental company of construction equipment with 3 locations rents out a unit that causes bodily injury. Due to injury is tooth loss and damage to teeth. Prosthodontist all have payment due at time of service. To obtain proper treatment how can you obtain the rental companies... View More

Roy Willey
Roy Willey
answered on Dec 15, 2022

They are not required to provide you the insurance limits before a lawsuit is filed. After a lawsuit is filed on your behalf you could get them through the written discovery process.

1 Answer | Asked in Personal Injury and Landlord - Tenant for South Carolina on
Q: I am renting a home.. landlord doesn't fix anything and my son got hurt due to not keeping maintenance up on our home

My child has got hurt due to the landlord doesn't keep up with maintenance on the property.. when ems came got my son they were talking about how bad the porch wood was eat up with termits

Tim Akpinar
Tim Akpinar
answered on Dec 15, 2022

A South Carolina attorney could advise best, but your question remains open for two weeks. At this point, you could reach out to injury law firms in your state to try to arrange a free initial consult - that's the norm in the industry. An attorney could examine the accident in detail and... View More

1 Answer | Asked in Animal / Dog Law and Personal Injury for South Carolina on
Q: neighbor's dog came inside of my house and attacked my dog badly. Who's responsibility is that.

They blame our nephews who is 4&5 years old left their back yard gate opened but there is no proof and no one saw that. Nephews are already inside of our house when the dog came in and attacked our dog Infront of them and our mom . We are asking them to pay the vet bill but they refused because... View More

Cheryl Ann Truesdale
Cheryl Ann Truesdale
answered on Dec 14, 2022

This isn't a family law question, it's a personal injury question. The owner of a dog is strictly liable for any injury or damage done by their dog. If the dog owner has renter's or homeowner's insurance, it will cover any damages caused by the dogs. You would need to file a... View More

1 Answer | Asked in Personal Injury and Real Estate Law for South Carolina on
Q: Our tree drops branches on a neighbor's yard. Can he sue us to pay to trim branches over his yard, or for damages?

The branches of a tree in our yard extend into a neighbor's yard space. The neighbor states that he would prefer not to pay a tree service himself to trim the branches.

Tim Akpinar
Tim Akpinar
answered on Dec 2, 2022

A South Carolina attorney could advise best, but your question remains open for three weeks. Until you consult with a local attorney for specific property law, the short answer nationwide is that one could be liable for damage their overhanging tree causes to a neighbor's property. Good luck

2 Answers | Asked in Personal Injury and Probate for South Carolina on
Q: My Mom Killed My Daughter In Car Accident I Had probate court In oct.its been a year what's taking so long too proceed?!

How much do you think Insurance companies will settle out ??There were two other vehicles involved!

Roy Willey
Roy Willey
answered on Nov 22, 2022

I am very sorry to hear about your daughter.

As to our question: It’s unclear to me whether you went to probate court and the estate was set up (you were appointed as personal representative or not?). Assuming you were and there is insurance available it often does not take very long...
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