South Carolina Personal Injury Legal Questions

How do you ascertain whether or not you have a legal case for medical negligence? Answer: You will need to speak with an attorney. The attorney will compile details about your husband's situation from the moment his illness became apparent and through his death. The attorney will also collect and catalog his medical records detailing his treatment. Once everything has been compiled, the material will be provided to an expert medical professional for review. The expert medical professional will prepare a report or an affidavit which reports the opinion of the expert medical professional. If the affidavit offers the opinion that the treating physician committed medical negligence or medical malpractice, then your attorney can file suit. If the report offers the opinion that the treating physician did not commit medical negligence or medical malpractice, then your attorney cannot file suit. Your attorney can consult another expert medical professional for a second opinion. Ultimately, your attorney will need to make a determination as to whether or not to prosecute the suit - but, in any case, your attorney will need an opinion from an expert medical professional that the treating physician committed medical negligence or medical malpractice. This entire procedure is expensive and is necessary BEFORE suit can be filed. This is one of the reasons that these kinds of suits medical negligence or medical malpractice - are rarely frivolous. I am sorry for your loss and send my best wishes to you!... Read Answer

Your question does not supply many details. It is not clear whether or not the other driver was ever identified. It is not clear who owns the car in which you were a passenger. It is not clear if there was any property damage to the car or any personal injury to you or the driver of the car in which you were a passenger. You should contact an attorney to collect these details, explore your options and counsel you. Many attorneys will give you a free consultation for this. Do not wait too long because there is usually a time limit by which you must file suit. Best Wishes!... Read Answer

If the injured driver (or, plaintiff) sues you, your insurance company will retain an attorney to represent you in this matter. If you are served with a complaint, make sure that you honor your contract with the insurance company by getting the company a copy of the complaint and other pleadings immediately. Your attorney, though paid for by your insurance company, will have a duty to do what is best for you. Talk to the attorney about these matters. If your assets are not extensive it is very unlikely that a plaintiff would pursue your realty and personalty for recovery. What is more likely to occur is that the plaintiff will pursue the insurance coverage. While it is possible that a plaintiff could pursue your assets to satisfy a jury award, it is rather uncommon. Try not to worry about what "might" happen in this case. The worry is probably worse than the reality. Use your concern to motivate you to notify your insurance company and to cooperate with your attorney.... Read Answer

Mr. Bosley,      You may have a good case for a personal injury claim.  The amount of the doctor bills and the fact that it happened in an area that was not up to standards may entitle you to money for the bills.  You should give my office a call so we can set up something and get this case moving for you.                                                                          Sincerely,                                                                                   Jim Courtney... Read Answer

That is a question you should direct to your attorneys. Some questions are appropriate on a website such as this but some questions are best addressed to your own attorney. Now, most - if not all - attorneys issue a settlement statement to their clients at the conclusion of a case. The settlement statement will explain what the settlement or verdict was and what deductions were made and for what reasons. Deductions are justified as attorneys' fees, costs and expenses, and payments to third parties (including certain medical providers). Often, attorneys will negotiate with medical providers so that they can put more money in the client's pocket at the end of the case. Ethically, attorneys have to be cognizant of medical liens and satisfy the medical providers who will traditionally and usually defer demand for payment and collection actions pending a full resolution of the case. When attorneys are maximizing your recovery - and their recovery under a contingency agreement - and so maximizing the likelihood that the medical providers will recover a larger portion of their bills, the medical providers will compromise their claims. This is one of the benefits of having legal representation in a contested matter (contested as to liability, damages or both). So, to be clear: Ask your attorneys. They should not and likely will not begrudge you a full accounting of what is paid out to medical providers and all others. If, for some reason, it was not disclosed by anyone (especially you) that you received treatment from a certain medical provider, and if the provider later comes looking for the money from you, you will likely be responsible to that medical provider. Under those circumstances, the attorney will ask that you address this debt because it was not disclosed - and compromised with the attorney's help when appropriate.... Read Answer

HIPAA is an interesting set of laws and regulations. At least in one state, and perhaps others, violations can be prosecuted by those whose personal medical information is mishandled. You will likely need to consult an attorney to prosecute your claim and it might not be necessary to prove damages. That is to say, HIPAA may presume damages by unauthorized disclosure to others. It is not at all "safe to assume" that your patient information cd-rom was provided to another person. If it was not, then you likely do not have a claim but the other patient may have a claim. If it was, then you may have a claim and that other patient may have a claim, too. Apart from the potential HIPAA claim, you may have a claim against someone or some institution for causing a delay in your care if you suffered an adverse health result (personal injury) because of this error. In many cases, it will be difficult to quantify or qualify the type of harm caused by the delay alone. Had you been treated by a physician or health care provider based on the incorrect information, and had you suffered a severe setback or adverse result from that treatment, then the case would be more definitive and more easily proved. You will need to consult an attorney about your potential matter to separate the "weak" facts from the "strong" facts and investigate your potential causes of action. Best Wishes to you and Get Well Soon!... Read Answer

Mistakes happen; however, if your dentist did not follow appropriate practice procedures then he may be responsible for malpractice - which is NOT a mere mistake as so many people seem to think. To file a medical or dental malpractice case (and not just to win it) you must have another dentist who is willing to testify under oath that the first dentist did, indeed, commit malpractice. It is not usually easy to find a medical professional who is willing to testify against another medical professional. You will need to consult an attorney to proceed in this matter. Do not wait too long to do that because your potential claim could be barred (that is, not allowed to proceed in the courts) if you wait too long. It does sound from the facts which you supply that you might very well have a medical or dental malpractice case. Best Wishes to you!... Read Answer

It is really rather surprising to hear of this situation. Bullying has become a high profile issue and is sometimes a precursor to more extreme forms of violence. You should try to make your complaint heard at a level in the school administration above where the issue has stalled. You have a contract with the school and you should reread that contract to find out what recourse you might have. If the school cannot and will not provide for your child's safety this might place the school in breach of contract. If you fail to follow your contract's requirements before acting to withdraw your child, then you might forfeit some rights or things which you would otherwise be entitled to receive (an appropriate appeals process, remedies which are specified, refund of tuition, etc.). To ensure that YOU do not breach the contract, you should take it to an attorney soon and discuss your options. It may be that you have one child enrolled and the problem child has siblings enrolled, too. You may be at a an economic disadvantage in relation to the family of the problem child. In any case, you are right to be concerned and it is disturbing to find the school so nonchalant about what is a serious issue.... Read Answer

"Hit-and-run" or leaving the scene of an accident carries different penalties conditional on the harm caused. In the case of a hit-and-run with no damages, the perpetrator may not face any criminal charges; however, even minor contact could conceivably result in scratches which could qualify as "damage to a vehicle." In the case of a hit and run with only property damages (and 6 points off the license) the penalty is imprisonment for not more than one year or fine of not less than one hundred dollars nor more than five thousand dollars, or both. Note that a driver involved in an accident has the right to "temporarily leave the scene to report the accident to the proper authorities." In the case of a hit and run with resulting death of a person the penalties are much harsher. (Note, too, that hit-and-run resulting in death (Section 56-5-1210(A)(3)) is also considered a violent crime). Statute: SC Code 56-5-1220 Duties of driver involved in accident resulting in damage to attended vehicles (South Carolina Code of Laws (2014 Edition)) (A) The driver of a vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by a person immediately shall stop the vehicle at the scene of the accident or as close to it as possible, but shall return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Section 56-5-1230. However, he may temporarily leave the scene to report the accident to the proper authorities. A person who fails to stop or comply with the requirements of this subsection is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not less than one hundred dollars nor more than five thousand dollars, or both. (B) If a disabled vehicle or a vehicle involved in an accident resulting only in damage to a vehicle is obstructing traffic, the driver of the vehicle shall make every reasonable effort to move any vehicle that is capable of being driven safely off the roadway as defined by Section 56-5-460 so as not to block the flow of traffic. The driver or any other person who has moved a motor vehicle to facilitate the flow of traffic as provided in this subsection before the arrival of a law enforcement officer shall not be considered liable or at fault regarding the cause of the accident solely by reason of moving the vehicle pursuant to this section. (C) State and local authorities may erect signs along highways and streets that instruct the public that the driver of a disabled vehicle or a vehicle involved in an accident resulting only in damage to vehicles shall make every reasonable effort to move any vehicle that is capable of being driven off the roadway. HISTORY: 1962 Code Section 46-322; 1952 Code Section 46-322; 1949 (46) 466; 1996 Act No. 398, Section 2; 2004 Act No. 286, Section 2.... Read Answer

It is my experience that an attorney can help assess a client's situation and causes of action, put together a claim and demand for an appropriate settlement, and advocate for a client in such a way as to maximize the client's recovery. In your situation, it is advisable that you consult with a reputable attorney to make a claim on your behalf. From the facts supplied, you appear to have a good case for compensation. A reputable attorney will tell you what he or she can do for you in this situation and explain what that effort will cost. Many reputable attorneys provide a free initial consultation. Best Wishes!... Read Answer

It is my experience that an attorney can help assess a client's situation and causes of action, put together a claim and demand for an appropriate settlement, and advocate for a client in such a way as to maximize the client's recovery. In your situation, it is advisable that you consult with a reputable attorney to make a claim on your behalf. Your attorney will make a claim and the hotel should notify its insurance carrier. Even if the hotel does not do so, that should not interfere with your right to recovery. From the facts supplied, you appear to have a good case for compensation. A reputable attorney will tell you what he or she can do for you in this situation and explain what that effort will cost. Many reputable attorneys provide a free initial consultation. Best Wishes!... Read Answer

In order to fully answer your question, I would need more information about your injuries. I would not recommend that you post anything further about your injuries or how the fall occurred on the internet. You are welcome to call me and I can answer any questions that you may have.  I hope you are getting better.  Falls in business owners parking lots can result in serious injuries.  You may be entitled to significant compenation. ... Read Answer

There is not enough information to know for sure how you should defend yourself in this situation.  You will need to know exactly how much the doctor bills add up to.  You also need to know what your insurance paid, if there is insurance.  Also, how old is your daughter?  Where did the plastic come from?  Did you keep the plastic?  Was it removed surgically from your daughter?  The answer to these questions may help decide what you need to do.  The first thing to do is hire a lawyer to help you navigate this system.  ... Read Answer

I am sorry to hear about the injuries that you sustained in the car accident.  I've been handling auto accident cases for years and many of those cases involve clients have had pre-existing injuries or conditions.  Under South Carolina law, you are entitled to receive compensation for any aggravation caused by the accident on a case by case basis.  Cases involving injuries that aggravate a preexisting condition can be very difficult without an attorney because the insurance company will refuse to offer you reasonable compensation.  I would be happy to speak with you to obtain additional information in order to determine if I can help you.  Please call me at 803-350-9230 for a free consultation, or email me at rgoings@goingslawfirm.com.  I wish you all the best, and look forward to speaking with you.   Regards, Attorney Robert Goings Goings Law Firm, LLC  ... Read Answer

I would not recommend that you settle with the insurance company by allowing them to only pay you a fraction of what you are entitled to, then claiming that they would pay for your medicals.  Also, I would not sign any release until after you have met with an attorney licensed to practice in South Carolina.   Robert F. Goings, South Carolina attorney 803-350-9230... Read Answer