Lawyers, Answer Questions  & Get Points Log In
South Carolina Personal Injury Questions & Answers
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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View More

View More Answers

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... View 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... View 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.

View More Answers

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... View 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... View More

1 Answer | Asked in Criminal Law, Juvenile Law and Personal Injury for South Carolina on
Q: Alright so if a 16 year old and a 21 year old guys fight and the 21 year old tries to sue, who wouldWin the case
Peter N. Munsing
Peter N. Munsing
answered on Sep 13, 2016

The person who didn't start the fight, who tried to back off. However both could be charged criminally. And if neither has money no one will get to collect.

1 Answer | Asked in Personal Injury for South Carolina on
Q: If i walk into a store and the sign says caution wet floor if i slip and get hurt is the store still liable
David Alan Wolf
PREMIUM
David Alan Wolf pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2016

Some states have contributory fault laws. That means that if you are even 1 percent at fault - you could lose the case. Other states have comparative fault laws in which you could be partially at fault and still be able to pursue a case. It is my understand that South Carolina is a comparative... View More

1 Answer | Asked in Personal Injury and Real Estate Law for South Carolina on
Q: Can I be forced to sell my share of jointly owned property in the state of SC? My sister wants to buy out my interest.

This property was left to me by my mother's estate. SHe died without a will and I own 1/6 of the property.

David Alan Wolf
PREMIUM
David Alan Wolf pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 24, 2016

The property will likely go through a probate procedure to clear title unless there was a deed that handled the distribution prior to death. If co-owners cannot agree on the sale of property, there may be an action called a partition action to have the court decide the disposition or sale of the... View More

1 Answer | Asked in Personal Injury and Animal / Dog Law for South Carolina on
Q: If my dogs attack another dog on street. Can owner sue me?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 3, 2016

They can always sue you, but unless you did something negligent they are not going to win.

1 Answer | Asked in Personal Injury and Car Accidents for South Carolina on
Q: I am titled owner on a vehicle my 18 year old drives, am I liable if there is accident? He lives at home, PT student

Could I be held liable for his actions because the car is titled in my name? He is insured under my auto policy.

Adam Studnicki
Adam Studnicki
answered on Feb 16, 2016

Anything is possible. Best to have good insurance. Verify with a local lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.