South Carolina Recent Legal Answers from Lawyers

A couple of factors may come into play with your potential case. One is the Statute of Limitations for medical malpractice claims in South Carolina which can be two or three years from the date you knew or should have known about the medical malpractice, ( depending on the medical provider ). Another issue would be did you receive below the reasonable standard of care for South Carolina?. If you did, is a medical expert willing to say so and to say that you would have had a different, better outcome if you'd treated appropriately? Also, unfortunately, ten years is a long time for a failure to diagnose case.  Basically, the medical expert expert would have to say that because you did not receive the proper treatment ten years ago, it lead to the cancer you have today, which can be pretty difficult. Best, David Hood... Read More

Hey David: A couple of factors may have affected your back pay. One is the date you first earned over $1,130 per month ( in 2016 ). That was the earnings limit in 2016 and if you made more than that, it would have been considered " Substantial Gainful Activity "           ( SGA ). Once you earn more than the limit, you typically don't qualify for Social Security Disability. In 2017 it was $1,170 a month & in 2018 is $1,180 a month.  For 2019 it will be $1.220 a month. However, keep in mind that The Social Security Administration ( SSA ) allows you to deduct certain, specific, " impairment related work expenses " which you may help you to get you under the SGA limits. The other thing is, the SSA does not pay for the first five months of a Title II disability claim. So it may not seem fair, but the numbers could be correct. Best, David Hood... Read More

It sounds like there are two potential grounds to argue that he should have less visitation due to a material change in circumstances.  First, he moved to another state.  Now, at least in Maryland, whether a move to another state constitutes a material change in circumstances depends largely on the extent and frequency of the moving parent's custody rights.  For instance, if he was only granted reasonable visitation from time to time as agreed, then the move would probably not constitute a material change since it does not prevent the visitation schedule from being carried out.  On the other hand, if he was granted extensive visitation (i.e., shared physical custody or every other weekend plus two or three weekdays each week), then the move would almost definitely constitute a material change in circumstances, since it was from South Carolina to New York. More concerning is the fact that he no longer seems to have an interest in his visitation.  Since his absence has been continuous for more than six months, you could probably successfully argue that a material change in circumstances (he no longer has an interest in the child's life) has occurred.  Whether this is worth pursuing again depends on how much visitation he has to lose.  If he has extensive visitation rights, you should move for a modification; if he has the bear minimum visitation already, then it would make no sense to file for a modification. In sum, if he has extensive visitation rights, then you have good reasons to consult with a Child Custody Lawyer.  I am only licensed to practice in Maryland, so you would need to contact a lawyer licensed in your state.... Read More

The letter was notice to appear in Court.  You must have some idea of the charge against you.  At present it appears that this fine is for contempt of Court, which means you did not show up for your Court date. This answer neither constitutes legal advice nor creates an attorney/client relationship. Dr. Michael G. Sribnick, Esq. criminal defense attorney with offices in Charleston and Columbia, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read More

What your husband needs is  a criminal defense attorney to ascertain exactly what is going on with your husband.  A criminal defense lawyer can plead his defenses, know how to obtain discovery, understands evidence, criminal procedure, etc. The answer to this question neither constitutes legal advice nor creates a lawyer/client relationship. Dr. Michael G. Sribnick, Esq. criminal defense attorney with offices in Charleston and Columbia, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read More

There could be several potential entities which may be liable in your case.  It's always good to look at the entire situation from the beginning to the end to figure out where any mistakes were made in the chain of filling your prescription.  First of all, did the medical office write the prescription out correctly and was it sent over to the pharmacy accurately?  Did the doctor's office write it out for the correct dosage?  Did the prescription interact with any other medication you were taking?  Separately, did the pharmacy give you the wrong prescription ( or someone else's prescription ), the wrong dosage or did it interact with anything else you were taking?  If a lawsuit were filed, all these questions could be answered in the "discovery" process.  From your perspective, the more defendants the better.  So hopefully, the pharmacy and the medical office made a mistake.  If not, you may just have one defendant, but the facts and discovery process should determine this. https://www.hoodmedicalmalpractice.com/blog/how-to-deal-with-pharmacy-prescription-errors-in-south-carolina/  ... Read More

Your husband would file an I-864 affidavit of support for you, and you would also require a financial joint sponsor who will have to guarantee that you and your son will be supported. Having a co-sponsor of relatively high income would certainly help in your situation. As you may know, the Trump administration is attempting to finalize a public charge regulation which would significantly make the financial sponsorship process more difficult. No one can say exactly when or if it will be implemented, but the best thing to do is probably to begin the process as soon as you can.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

Hello: I am very sorry to hear that this happened to you. Generally, in a medical malpractice case in South Carolina you need to show you received below a reasonable standard of care and suffered damages as a result. Typically, you'll also need a medical expert to testify to the malpractice. However, you also need to file the lawsuit two or three years from the date of the malpractice or from when you knew or should have known about it. Actually, were are researching a somewhat similiar case, but each case is usually very fact specific. Probably the best thing would be to contact a lawyer in South Carolina who has medical malpractice experience. Normally, the initial consultation is free. Hope you're feeling better, David... Read More

I'm not sure I understand your question, because I'm not sure why you would think you may not have grounds for a civil suit.  From what you've recited in your question, you would sue the contractor for the damages you've sustained due to his/her/its breach of contract.  Of course, since your contract was oral, you may have a difficult time proving your case, and it may come down to your word against the contractor's, but if you can prove what you've written above to the Court's satisfaction, you should have a good claim.... Read More

As a convicted felon, you cannot use a gun, period.  Admitting it was a stolen gun on a public website is a bad idea.  You would be well advised to retain a criminal defense attorney.  The attorney will know criminal procedure, evidence, etc. that is beyond the grasp of a layman.  Furthermore, you should stop posting, talking, etc. without your attorney present. This answer neither constitutes legal advice nor creates a lawyer/client relationship Dr. Michael G. Sribnick, Esq. criminal defense attorney with office in Charleston and Columbia, S.C. Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read More

Although, you chances improve if he does not show up, you would be well advised to retain a criminal defense attorney.  It is not his, but the State's case against you, although they must prove every element of grand larceny beyond a reasonable doubt.  They can also demand his presence by subpoena.  A criminal defense attorney knows criminal procedure, evidence, etc.  You should also refrain from further posting, talking, etc. outside the presence of your attorney. This answer neither constitutes legal advice nor creates an attorney client relationship. Dr. Michael G. Sribnick, Esq. criminal defense attorney with offices in Charleston and Columbia, S.C. Michael G. Sribnick, M.D., J.D., LLC www. michaelsribnicklaw.com... Read More

Obviously the authorities have a different opinion than yours.  The accused would be well advised to retain a criminal defense attorney.  Assualt requires that the state proves that the victims were in fear of great bodily harm, beyond a reasonable doubt.  A battery is simply an unwanted touch. This answer neither constitutes legal advice nor creates a lawyer/client relationship. Dr. Michael G. Sribnic, Esq. criminal defense attorney with offices in Charleston and Columbia, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read More

If your contract was that you would share the car, then you have the right to share the car, or the proceeds of the sale of the car.  Of course, in any suit to enforce these rights, your ex will have his own story, and there is no guarantee that the court will believe you, but the more you can prove what you say in your question with documents and/or the testimony of uninterested witnesses, the better your chances.... Read More

There is no statute of limitations on criminal charges in S.C.  He needs to retain a criminal defense attorney. This answer neither constitutes legal advice nor creates an attorney/client relationship. Dr. Michael G. Sribnick, Esq. criminal defense attorney with offices in Charleston and Columbia, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read More

You file a Brady 5 motion.  You would be well advised to retain a criminal defense attorney to handle your case, as you do not know evidence, criminal procedure, etc. This answer neither constitute legal advice nor creates a lawyer/cleint relationship. Dr. Michael G. Sribnick, Esq. criminal defense attorney with officces in Charleston and Columbia, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read More

A J-1 visa is discretionary with the U. S. consulate or embassy. Any arrest must be disclosed in the DS- 160 non-immigrant visa application. Although the case was dismissed on an ACD, the consular officer may take the arrest in consideration in issuing 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

If the bank or finance company was willing to loan the money to your friend alone, they would not have needed you to be a co-signer, so it is very doubtful that they will let you out voluntarily.  However, some states have statutes which allow people to back out of certain contracts within a short period of time (if you do so your friend probably will not get the loan).  You should contact your local consumer affiars agency to see if SC has such a statute covering this situation.  Hurry, because the period is generally around 3 days.... Read More

If both businesses are owned by the same llc, each would be responsible for the other's obligations.  Thus, if the restaurant becomes liable in a food poisoning case, the assets of the farm could be used to satisfy that obligation, because the assets of both the farm and restaurant are both the assets of the llc.  Although it is a little more expensive to set up and operate 2 separate llc's, if properly done, it will insulate the assets of each business from the creditors of the other.... Read More

A parent can turn over their rights, to child custody however they can not terminate their rights as a father. No judge will allow someone to relinquish their rights to avoid child support. However, if there are issues such as domestic violence, unfit or improper parent, negligence and abuse, or even abandonment, you can retain Full Custody of the child, both legal and physical. You will have to forego Child Support. There is a slight chance that you may even be able to completely turn off his rights, if you can get someone else to adopt the child as a father and he agrees to do so.  If you require additional information, feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com for clarification.... Read More