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South Carolina Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury and Car Accidents for South Carolina on
Q: What should I do about receiving a settlement in my account but didnt sign the release form
Carole Jean Hayes
Carole Jean Hayes
answered on Mar 12, 2020

It sounds like the insurance company along with its representatives may have failed to have you sign the release. If they ask you to sign it, I would suggest you do so. Any court will make you sign it. Otherwise, there really is no issue although you cannot again make another claim. That would be... View More

1 Answer | Asked in Personal Injury for South Carolina on
Q: I was served a amened complaint with summary judgment based upon the amended complaint could defendants get default .

Was served amended complaint with summary judgment based on amended complaint and did not file a response could i be held in default because of this

Tim Akpinar
Tim Akpinar
answered on Feb 4, 2020

If you have not appeared, either on your own or through your attorney, in this matter since the time you posted this question, you should consult with a South Carolina attorney to find out what the current disposition of the matter is. Unfortunately, not responding or appearing in an action could... View More

2 Answers | Asked in Car Accidents, Personal Injury and Traffic Tickets for South Carolina on
Q: I was in a car accident and was given a ticket of which the officer later dropped at traffic court. Can I now sue.

I was taken to hospital in an ambulance and car was totaled.

Matt Schmoldt
PREMIUM
Matt Schmoldt
answered on Jan 31, 2020

You should call a local injury lawyer and discuss your case with them. Even if the ticket was dropped, you may still be at fault for the accident in a civil case. The criminal court and the civil court are two different worlds. Your case involves a very fact specific inquiry. It is possible... View More

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3 Answers | Asked in Personal Injury and Car Accidents for South Carolina on
Q: My lawyer is rude and completely checked out of my personal injury claim..... What can I do?

I was hit by two trucks on my motorcycle waiting at a stoplight in January. I sustained spine injuries and my motorcycle was totaled. I retained an attorney three days after the accident and have yet to have settled the claim. In addition to the lack of sense of urgency my attorney is very... View More

Titus Thomas Nichols
Titus Thomas Nichols pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 18, 2019

This is a very sensitive subject. It is unfortunate that you feel this way, especially concerning such a severe case. It is best for you to speak with another attorney who is licensed to handle similar cases in South Carolina.

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1 Answer | Asked in Landlord - Tenant and Personal Injury for South Carolina on
Q: If a landlord owns a mobile home park and is neglectful of whole property, how would you report them?

Numerous mobile home units are neglected from repairs. There are units with water damage, units that are rotting, units that are literally falling apart, and huge pest infection throughout whole MHP which in some units living point blank is impossible. Yet homes still get rented out.

Ryan D Templeton
Ryan D Templeton
answered on Oct 4, 2019

The most appropriate agency to report these issues to would be the local housing authority or code enforcement depending on where the mobile home park is located.

3 Answers | Asked in Car Accidents and Personal Injury for South Carolina on
Q: I was a pedestrian in a private parking lot (my employer and working) while I was struck by a vehicle

that was backing up. An officer came and cited me as the contributer to the accident. The driver that hit me did not get cited. I have injuries, can I file a claim against his insurance for pain and suffering and loss of some wages? Workers comp is involved as well

Peter N. Munsing
Peter N. Munsing
answered on Sep 3, 2019

Yes. If you need a good lawyer contact attorney Carl Jacobson in Charleston. Tell him I suggested you call.

In some states any wage loss on the policy will cover the 1/3 comp doesn't cover. However first see if there is video of the scene and ask for a copy--explain you got cited....
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1 Answer | Asked in Car Accidents and Personal Injury for South Carolina on
Q: Involved in motorcycle vs pedestrian accident. Pedestrian died on the scene but was found to be at fault.

No insurance was carried by him so who is responsible for paying for my medical bills and pain and suffering?? My own insurance company?

Peter N. Munsing
Peter N. Munsing
answered on Aug 24, 2019

Your insurance. If you had uninsured motorist insurance on your vehicle that may cover you though I doubt it. Why not run that by Attorney Carl Jacobson in Charleston. He'll give you a free consult. Tell him I suggested you call.

1 Answer | Asked in Personal Injury and Car Accidents for South Carolina on
Q: I've found myself in a confusing situation between an Auto repair shop, insurance company, and car rental company.

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Tim Akpinar
Tim Akpinar
answered on Aug 14, 2019

It looks like there wasn't a question here - it's possible it inadvertently got left off. However, if you are having issues with these aspects of your case, an experienced South Carolina attorney who handles personal injury could give guidance on the property damage claim and your rental... View More

1 Answer | Asked in Personal Injury, Consumer Law and Construction Law for South Carolina on
Q: Extreme damage under our home caused by our Air & Heating Company not doing their job, causing me worse health issues.

We hired a contractor to fix a floor inside our home. Once floor was opened up, he found that our air conditioner Duct work was not hooked up to the main unit. When he went under our home he found went insulation, White and Black Mold, floors that need to be replaced. I have tried to reach out to... View More

Tim Akpinar
Tim Akpinar
answered on Jul 5, 2019

I'm sorry about the health problems you are experiencing, and the state of the HVAC system in your home. You ask for help in finding an attorney. You could search for South Carolina attorneys in the Find a Lawyer section of this website, you could look into the resources of the South Carolina... View More

1 Answer | Asked in Personal Injury and Car Accidents for South Carolina on
Q: I'm Owner, adult son at fault for accident. Plaintiffs asking for more than limits on insurance.

Can they sue me for extra money?

Carole Jean Hayes
Carole Jean Hayes
answered on Apr 22, 2019

Plaintiff attorneys often ask for more than policy limits even when we know the case may not be worth that much. So that does not automatically mean the case is worth that much. If the injured party has under-insurance coverage that would be next in line. For them to get money from you... View More

2 Answers | Asked in Personal Injury for South Carolina on
Q: I was injured 3x on dangerous property conditions on a lot I rent for a rv. Since I live here and not visiting, liabi
Carole Jean Hayes
Carole Jean Hayes
answered on Apr 2, 2019

I do not think you finished your post! However, if you are aware of a negligent condition you will have a problem trying to sue if that is where you are going with this.....can't tell. I wish you well.

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Q: Was injured at Walmart while working for them just recently. 4 days ago let H R know about losing feeling in both hands

Yesterday 3 hours before my shift ended I was called into office and was told that due to a b s excuse they like to use I have to be terminated Now I don't know if I can get help with my situation and they are liable. I had been with them full time for over 2 years I have No insurance Please help

Tim Akpinar
Tim Akpinar
answered on Jan 15, 2019

Try additionally reposting your question in the Workers' Compensation section. Hopefully one of the experienced attorneys in that category could pick up the question.

Tim Akpinar

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2 Answers | Asked in Personal Injury for South Carolina on
Q: County EMTs broke Moms hip. She will never walk again weve been told. Can I sue both county and the EMTs too?

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Peter N. Munsing
Peter N. Munsing
answered on Oct 28, 2018

Why not call attorney Chuck Jacobson in Charleston. He'll give you a free consult. Tell him I suggested you call.

These can be tough cases because assuming the EMT's come off as reasonably competent, things sometimes are set up so that there's no perfect way of getting...
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2 Answers | Asked in Personal Injury and Car Accidents for South Carolina on
Q: A guy runs a red light and T-Bone you. Can you sue his insurance company and do a personal suit against him?
Titus Thomas Nichols
Titus Thomas Nichols pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 14, 2018

You will want to consult with a Personal Injury attorney who is familiar with these types of cases. Although the driver is clearly at fault, his insurance company will not want to pay you a fair compensation.

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1 Answer | Asked in Personal Injury for South Carolina on
Q: My daughter got burned by Grill in our complex they're asking to do an injury report in front of a cop.is that ok
Carole Jean Hayes
Carole Jean Hayes
answered on May 3, 2018

You really need to get an attorney. I would recommend that you do not give a statement until you speak to an attorney. It will not cost you a dime to talk with one of us so that we can protect and represent your daughter.

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... View 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... View 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... View 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... View More

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