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South Carolina Personal Injury Questions & Answers
1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for South Carolina on
Q: I went to the er for a scratched cornea and before I left work me and my boss called to report my injury and I filled

An incident report but I wasn’t told to go to a specific emergency room and I also talked to my boss upon entering the er and afterwards I was out of work for about a week but upon returning I found out the er I went to wasn’t part of their workers comp and they used my accumulated sick time to... Read more »

Carole Jean Hayes
Carole Jean Hayes answered on Apr 27, 2018

Generally, when you injure yourself while working, you are entitled to 66% of your average weekly wages if you miss more than 7 days. The insurance company is also responsible for directing and payment of your causally-related medical treatment. If you had to go to the ER immediately after given... Read more »

2 Answers | Asked in Personal Injury and Workers' Compensation for South Carolina on
Q: If hurt while working but, your job doesn't require worker's comp insurance can you file a personal injury claim?

On another job site that my employer has a contract with to do a collection and was injured. By law my job is not required to carry worker's comp because there are less then 4 employees. Can this be a personal injury since i wasn't at my job site?

Carole Jean Hayes
Carole Jean Hayes answered on Mar 23, 2018

Short answer: If you were hurt while working for your employer and you were helping him do his work at simply another location per direction , you are covered by the Workers Comp Act. You will most probably need a lawyer because they will probably deny given the facts.

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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for South Carolina on
Q: your primary Dr knew for 3 years that you had Chronic kidney disease, and never treated or told you .

You found out during a routine colonoscopy. After which you question your doctor about CKD3. Asked if you should see a nephrologist, and they said no; because you don’t have it.

Then you got your Gastrologist to refer you to a nephrologist...and they confirmed In fact that you do have... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 21, 2018

A lot depends on if it would have made a difference. Contact attorney Carl Jacobson in Charleson. He gives free consults. Tell him I suggested you call.

1 Answer | Asked in Personal Injury and Medical Malpractice for South Carolina on
Q: My Physician Patient Relationship was terminated. How long do I have to requested a referral?

I've had severe complications with 3/back surgeries. (2014-2017) My Neurosurgeon terminated our relationship, and now won't issue a referral for my continued care. I was told to contact my PCP,and they weren't the physician that referred me to my Neurosurgeon to begin with

Peter N. Munsing
Peter N. Munsing answered on Mar 5, 2018

Contact whateverPCP you have now. A suggestion--don't be hypercritical of the neurosurgeon. You don't want a reputation as a "difficult patient."

1 Answer | Asked in Personal Injury for South Carolina on
Q: My child case settled for 22,500 after fees/bills will receive 13,900 does all of it have to go in structured settlement
Carole Jean Hayes
Carole Jean Hayes answered on Feb 11, 2018

None of it has to be a structured settlement unless you agree to structure the settlement. Given the amount of the settlement, this will have to be Court approved as it involves a minor child. Also, a conservator will need to be appointed to manage the funds given the amount. There is also a... Read more »

1 Answer | Asked in Personal Injury and Traffic Tickets for South Carolina on
Q: My daughter was stopped for busted headlight on passenger side but it still works and it was 5pm daylight hours

Gave her a ticket for 234.00,nothing is hinging its just cracked out. Why he stopped her she didn't need the light cause it was daytime and it does work at night when needed.

Carole Jean Hayes
Carole Jean Hayes answered on Jan 28, 2018

Wow. It is faulty equipment; however, that's really odd that one would get pulled over for that alone. I have little doubt that if you go to the hearing, it will get significantly decreased or dropped based upon the fact it was day light.

1 Answer | Asked in Car Accidents, Personal Injury and Civil Litigation for South Carolina on
Q: I was involved in an auto accident on 9/29/17. Is it too late to file a personal injury suit? My pain has worsened since

In addition, though I was not at fault and did not receive a citation, my driving record is showing me at fault causing my insurance rate to increase. How do I fix this?

Carole Jean Hayes
Carole Jean Hayes answered on Jan 24, 2018

In TN, you have three years within which to file and serve a lawsuit (there are some exceptions such as if the at-fault party works for a municipality...). There are a few issues i can already see such as have you gone to the doctor yet? If not, that could be an issue. You really should simply... Read more »

1 Answer | Asked in Personal Injury for South Carolina on
Q: I got into a car accident while on the job. My workers' comp paid for some of my medical expenses so the other driver

(who was deemed negligent) is arguing they shouldn't have to pay the full extent of my damages. Is this true?

Peter N. Munsing
Peter N. Munsing answered on Jan 17, 2018

Wrong. They have to pay your comp carrier back. But hopefully you have an attorney. If not, contact Carl Jacobson in Charleston. Tell him I suggested you call.This isnt d.i.y. time.

1 Answer | Asked in Personal Injury, Medical Malpractice, Probate and Wrongful Death for South Carolina on
Q: My lawyer filed a voluntarily dismissal of my complaint w/o explanation and is avoiding my calls. What should I do?

The case was prosecuted in 2013 and was allegedly headed to mediation a few months ago. Case was strong. Depositions have been conducted this year, the claim has passed initial reviews and survived - we were looking at trial soon. Now the dismissal was voluntarily filed with the clerk without... Read more »

Peter N. Munsing
Peter N. Munsing answered on Nov 15, 2017

Call the attorney's secretary,explain that you want a meeting, and if you don't receive that you will have no option other than to file a complaint with the bar.

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for South Carolina on
Q: Do we have a case?

My dad went to the hospital for his edema because it caused him to miss work. While at the hospital, they only focused on his high blood pressure and high heart rate, and once it was under control they sent him home with a mild diuretic that didn't help(he still had a lot of fluid on his... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 9, 2017

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

1 Answer | Asked in Personal Injury, Libel & Slander, Consumer Law and Real Estate Law for South Carolina on
Q: ZILLOW Inc is publishing false, erroneous and misleading info - and they refuse to correct it- what can be done??

Have documented responses from ZILLOW- they acknowledge deficiencies in their "systems" but refuse to take corrective action. WILDLY varying "Zestimates" in similar, side by side properties - and NO coherent response?? ZILLOW penalizes diligent homeowners who properly... Read more »

Peter N. Munsing
Peter N. Munsing 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... Read more »

1 Answer | Asked in Personal Injury for South Carolina on
Q: I was in a car accident in May and was offered a low offer for settlement. I want to now how to counter offer?
Peter N. Munsing
Peter N. Munsing answered on Aug 8, 2017

You really should contact a member of the SC Assn for Justice rather than totally do it yourself. The value of your case depends on what happened, how it happened, what the reports say, what your medical records say. You have been talking to the insurance company which may have given them a lot of... Read more »

1 Answer | Asked in Personal Injury, Wrongful Death, Consumer Law and Criminal Law for South Carolina on
Q: Can I sue a hospital for gross negligence? My wife got an HAI from a local hospital, that went undetected and untreated.

She was transferred directly from that hospital, by ambulance, to Duke Medical Center where they discovered the infection almost immediately. It had already become Sepsis and she died from that infection 6 days later. I can produce the medical records from both hospitals and a letter from Duke... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 29, 2017

Unlikely on the criminal. Contact attorney Carl Jacobson in Charleston. Tell him I suggested you call. He will give you a free consult, is extremely experienced. Infection cases aren't automatic liability.

2 Answers | Asked in Workers' Compensation and Personal Injury for South Carolina on
Q: If I had carpel tunnel surgery

If I had carpel tunnel surgeryin both hands and get her at work what I get any money besides Worker's Comp.

Ilene Stacey King
Ilene Stacey King answered on Jun 22, 2017

I see you live in NC but you are asking about a SC claim. In SC, if your carpal tunnel injury is work related you are entitled to the following workers' compensation benefits: 1) medical treatment; 2) weekly benefits if you are written out of work by the authorized doctor; and 3) compensation... Read more »

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1 Answer | Asked in Personal Injury and Workers' Compensation for South Carolina on
Q: I was hit by a van at work while doing my job. Do I have to pay them back for doctor bill from my sued
Peter N. Munsing
Peter N. Munsing answered on Feb 22, 2017

You should consult a member of the SC Assn for Justice who handles comp and injury cases. I suggest you contact Carl Jacobson in Charleston. He gives free consultations. Tell him I sent you. Generally your suit would include the amount of money comp may ask for.

1 Answer | Asked in Libel & Slander, Personal Injury, Consumer Law and Contracts for South Carolina on
Q: I am a guest at a hotel and was attacked at the free continental breakfast by an employee of the hotel. What can I do?

I placed 2 packets of oatmeal in my purse to eat in my room. Was making a waffle and told I have to eat all food in the lobby. When I stated that I was allowed to eat it and my coffee in my room she threw away my waffle, and while I was at the front desk asking for a manager, the lady went in my... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2017

Is there a place you can go that doesn't cost as much? If so move and cancel the reservation & tell your credit card. I would contact a local attorney, Carl Jacobson in Charleston. Use my name--he'll give you a free consultation.

1 Answer | Asked in Personal Injury and Workers' Compensation for South Carolina on
Q: Work comp injury, two opinions by two specialist that are completely the opposite, work comp want pay for third opinio.

Ones says surgery, the other says surgery could cause death or permanent paralysis. Am i entitled to a third opinion

Peter N. Munsing
Peter N. Munsing answered on Feb 7, 2017

You don't have to have the surgery. Contact attorney Carl Jacobsen in Charleston. He gives free consults, is super experienced, he'll steer you right. Give him my regards.

2 Answers | Asked in Personal Injury and Workers' Compensation for South Carolina on
Q: wrist and hand injured on the job, surgery done,owner said i'm not covered under WC (found out he didn't even have WC)

advised him that he was in violation of state Workman's compensation laws, he said he would pay the remaining 20% of what MY insurance didn't pay. said he would have legal document drawn up to cover entire injury from initial time of injury up to surgery and rehab and any later medical... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 27, 2017

Contact Charleston's pre eminent workers compensation attorney, Carl Jacobson , 823-723-7891. Tell him I suggested you call.

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1 Answer | Asked in Criminal Law, Immigration Law, Personal Injury and Civil Litigation for South Carolina on
Q: If a city police department is calling ice on some criminals but not all, would this be illegal and could you sue
Peter N. Munsing
Peter N. Munsing answered on Jan 8, 2017

Incredibly difficult to prove and at the end of it all, unlikely to get you anywhere since there is something called sovreign immunity which says that decisions of who to investigate and when are left to police departments. Discrimination on an iundividual basis, not related to race, isn't... Read more »

1 Answer | Asked in Personal Injury for South Carolina on
Q: My mother fell in Walmart on a wet floor and no sign's in place she hurt her side when she fell what should she do

There were two guy's restocking the ice box when this happened and wet floor sign's were visible when she fell

Peter N. Munsing
Peter N. Munsing answered on Dec 6, 2016

Request a copy of any store security video in person and send written request. She needs to follow up with her doctor. She needs to consult a member of the SC Assn for Justice--they give free consults. Walmart doesn't settle until you've shown you'll go the distance, so your mom... Read more »

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