South Carolina Recent Legal Answers from Lawyers

It depends where the statement is.  I assume it's in a proposed settlement agreement.  If so, in some cases, injured workers cannot "close out" their claims for permanent disability, and a common example is permanent total disability.  It could also happen in an interim or intermediate settlement that does not close out the claim entirely, and where you have not reached a point of medical stability called "maximum medical improvement" when permanency would be determined.  In this context, the statement would simply mean that you've worked out some issues in the agreement, but concede that there are other issues (namely, permanency) that are too early to close out, so you're leaving them open.  ... Read More

First, you will not be able to get "pain and suffering" in any workers' compensation case.  Workers' compensation systems are substitutes for non-economic damages (like "pain and suffering") that you might otherwise qualify for in fault-based systems of recovery.  Instead, workers' compensation systems provide economic benefits, mainly in the form of weekly checks to replace lost earning capacity, and payment of medical bills. If your employment placed you at a greater hazard or risk than the public in general of contracting COVID-19, then you might qualify for workers' compensation under South Carolina law as an occupational disease.  The real fight is if your job placed you at a greater risk, statistically speaking, of contracting the virus. There is some research already out there suggesting that grocery store workers are at a heightened risk.  See https://www.ncsl.org/research/labor-and-employment/covid-19-workers-compensation.aspx. So far, though, we haven't seen any published decisions by the South Carolina Workers' Compensation Commission or South Carolina appellate courts looking at COVID-19 specifically, although we'll likely see some in the next year or two.  Until that happens, it's hard to predict what South Carolina will do.   Other than filing an occupational disease claim, if there was a specific incident that led to your contraction of COVID-19, the incident might qualify as an "injury" by accident.  ... Read More

You can't "press charges" without the police and prosecutor.  If you want criminal charges prosecuted, you will have to convince them to do so.  However, you can bring a civil suit for damages against the woman for asasult (a civil claim for assault does not require that you were actually hit, only that you were put in fear of it).  Although you do not claim to have suffered any monetary damages, you may be ble to recover punitive damages, assuming that the woman has the money to pay them.... Read More

If you have a copy of the Will, hire a local probate lawyer to submit it to probate. If you do not, hire a local probate lawyer to file the SC equivalent of an Application for Determination of Heirship and Issuance of Letters of Administration and settle your mother's estate (50-50 after paying debts).... Read More

The answer to "can I sue" is always yes, but that doesn't mean that you would win.  From what you've written, your contract seems valid, but it appears that there is a dispute about how much you paid and how much he still owes.  He may claim that you advanced less than what you claim; he may claim that the $10,000 he gave you was accpeted by you in full settlement of all claims; he may claim that he  paid you more than $10,000.  There is no way to predict who the court will beliwve..  Also, I'm not sure how you're going to justify taking all that stuff from the home which, according to the facts you've recited, were his under the contract and he was supposed to repay you for it.  At the least, I think the value of what you took would be deducted from what he still owes you. ... Read More

It is completely up to you whether to get an attorney to help you.  Generally, however, if you have surgery, you're at least looking at the possibillty of having permanent restrictions from your injury.  These restrictions might or might not be compatible with the physical demands of your job or other jobs that exist that you could otherwise do, if it were not for your injury.  The frustrations you are having with the system are common, although they are certainly things an attorney can help with, at least so far in understanding the different roles of folks (like the nurse case manager or the insurance adjuster).  If you are having job intimidation, I would recommend at least speaking with a lawyer who is experienced in workers' compensation cases, since the biggest asset in a workers' compensation claim is the ability to keep a good-paying job with benefits and to stay at work, which might or might not be possible because of medical and other reasons.   ... Read More

Unfortuantely, there's not a "one size fits all" answer to your question.  Some claims last only a single medical visit, while other claims cause life-altering injuries--such as paraplegia or traumatic brain injuries with neurological disorders--that could last a lifetime.  A lot depends on how much (and the type of) medical treatment you need, your permanent restrictions, the length of time it takes for you to reach medical stability after an injury, and other factors. Can you share more about your situation? ... Read More

No, but a default judgment could be entered against you which you will have to pay.  Also, although you can't be jailed simply for defaulting on the lawsuit, if you disobey an order of the court (for example to produce documents) you could be held in contempt which could lead to incarceration.... Read More

Your question is a bit vague.  Are you asking how much the court filing fee is for bankruptcy, or how much attorneys fees are?  The answer to both depends on which Chapter under which you file and the facts and circumstances in your case. I recommend having a consultation with a bankruptcy attorney in your area.  Most offer free initial consultations at which you can get all your questions answered, including the costs.    ... Read More

The assignee (buyer) of the contract stands in the same position as the original contracting party, meaning that your mother has the same contractual rights vis a vis Fay as she did with Beneficial, amendments and all.  The question is can your mother prove that the contract was amended?... Read More

As you write, you own half the house.  You are a tenant of the other half.   Tenants normally pay utilities.  Landlords (you, your aunt and uncle) usually pay taxes and repairs.  Keep good records.  Pay what you owe and make sure they do the same...or buy them out.... Read More

You will need an Offer to Purchase Contract that is to be signed by all parties to the transaction.  Once you have the signed contract, contact an attorney near your home to assist you with the closing.  SC is an attorney state meaning only an attorney can certify the title to the property.... Read More

Powers of attorney can be as general or as limited as the parties want them to be.  The breadth of your powers depends on the provision of the POA that your bf executed.  If your current power of attorney is not broad enought to cover getting a new birth certificate, etc., your bf can execute a new one that is broad enough.... Read More

First you need to find out if Wells Fargo has insurance covering such claims (almost certainly) and if that includes providing a defense for you.  If so, Wells Fargo's insurance will provide you with a lawyer (depending on the nature of the suit and if your position conflicts with Wells Fargo's, it may be the same lawyer who represents Wells Fargo).  If not you need to handle it yourself either by getting your own lawyer or by representing yourself.  The way you answer a complaint, assuming that you have no basis to make a motion to dismiss it as a matter of law (e.g. the complaint alleges a claim that is barred by the statute of limitations, etc.), is to file a document called an answer in which you admit, deny, or deny having enough knowledge to know whether an allegation is true, each allegation of the complaint, and then allege any affirmative defense you may have (affirmative defenses are those which would bar the claim even if everything the plaintiff alleged was true).  If you can't hire an attorney, the clerk of the Court may be able to help you.... Read More

Visitors visas are given in the discretion of the American consular officer. Chief factors that are looked upon are whether the officer believes that the visa applicant will leave at the end of the proposed time of stay and whether the applicant will have sufficient financial resources during the time of visit. She should wait an appreciable period of time – at least a few months – before attempting to apply again. You can assist by giving a letter of support stating what she will be doing during the time of her visit, guaranteeing that she will leave on time, and guaranteeing her financial support. You can show documentation such as an I-134 affidavit of support with job letter, proof of recent earnings, banking statement, and your last year's taxes. Hopefully with your assistance, your grandmother will be able to obtain the visa. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More