Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Carole Jean Hayes
1 Answer | Asked in Personal Injury and Civil Litigation for South Carolina on
Q: In a courtroom setting w/Jury, what is the proper way to introduce higher court rulings into a trial?

I live in South Carolina, a strict liability state. I was jogging and was attacked and bitten by two dogs. I was injured (not seriously, two puncture wounds in my leg). I filed in small claims court for damages. The Defendant has retained legal counsel. The demanded a jury trial. I am... View More

Carole Jean Hayes
Carole Jean Hayes
answered on Feb 6, 2024

Give the judge the case law before the jury is called in and highlight the applicable parts, and ask him to charge the jury with the highlighted portions. That means he will read those to the jurors when he is telling them about the law which happens after closing statements, and before they... View More

1 Answer | Asked in Car Accidents for South Carolina on
Q: I got in an accident. It was my fault. My insurance lapsed. Vehicle was not insured at the time of accident.Clean record

I have to appear in court coming up for citation of failure to provide insurance. Clean driving record. No accidents, or tickets

Carole Jean Hayes
Carole Jean Hayes
answered on Feb 5, 2024

Just go to court and be very honest with the judge and let him know that you have no tickets and it was an honest mistake. As far as the damages, go to the other person and or their car, they will have to use their uninsurance coverage. This is coverage that is mandatory in our state and it will... View More

2 Answers | Asked in Car Accidents and Civil Litigation for South Carolina on
Q: I recently got my car stuck in flood waters yet the cops still towed it to the impound should I have to pay to get out
Carole Jean Hayes
Carole Jean Hayes
answered on Jan 23, 2024

You will have to pay to get it out and you should also be mindful that there may storage cost involved so I would do this sooner than later. The logic behind it is it was a safety hazard and had to be removed for public safety and you are the owner and are responsible for securing the vehicle.

View More Answers

1 Answer | Asked in Car Accidents for South Carolina on
Q: If I wreck a vehicle that is not paid off in full but am the registered owner, what are my obligations as to returning

The license plate and registration ?

Carole Jean Hayes
Carole Jean Hayes
answered on Jan 22, 2024

You should take care of both the license plate and the registration. You need to go to the DMV and return the tag and registration and you need to let the lien holder know as well if car is not paid off as they are going to continue to expect payments. If it’s totaled, they should be able to... View More

1 Answer | Asked in Personal Injury for South Carolina on
Q: How long after my attorney contacts the apartments insurance will I hear something regarding my case all bills are in?

The sidewalk is blatantly obstructed by illegal street sign installed by previous owners of the apartment complex we have plenty of photos and everything we need individed fault with the sign and its size and placement my 10 year old son has to duck out of its way well visiting my mom at her... View More

Carole Jean Hayes
Carole Jean Hayes
answered on Mar 30, 2024

Since you have retained a lawyer, I would recommend calling your attorney up and asking how long it will this take. It can take as little as a month up to eight months to negotiated claim, depending upon the complexity. I wish you the best.

1 Answer | Asked in Workers' Compensation for South Carolina on
Q: I am a injured worker forced to move across country.they do not have a MPN Doctor Network back here. I have a Severe inj

I have A Severe Spinal Injury. My Employer has No Mpn Network back here. How can I obtain help back here. I have Multiple Injuries.

Carole Jean Hayes
Carole Jean Hayes
answered on Oct 26, 2022

There are many facts that are needed in order to provide you with some clarification. Does your employer have 4 or more employees? This is one of the first hurdles to which we would need an answer. Can you please post more facts??

2 Answers | Asked in Personal Injury, Workers' Compensation and Car Accidents for South Carolina on
Q: I was involved In a semi truck accident I was hit by another semi and they left the scene of the incident my company

Tells me they can’t make out the drivers name or truck. I sustained ptsd from the accident and I want to know if I have a case in any way my company wants me back at work since the hospitals cleared me but I’ve been given no compensation or offered none.

Carole Jean Hayes
Carole Jean Hayes
answered on Oct 17, 2022

I would like some additional information. Did you sustain any physical injuries from this accident?

View More Answers

2 Answers | Asked in Car Accidents and Insurance Bad Faith for South Carolina on
Q: I’m being sued because of a traffic accident (7/27/21). My insurance company said that my insurance isn’t sufficient.

What can I do? I just received the notice a few days ago

Carole Jean Hayes
Carole Jean Hayes
answered on Aug 16, 2022

Ask your insurance agent, or if there has been a defense attorney assigned to you by your insurance company, ask that attorney what that means. Your insurance company is going to provide an attorney for you at no extra charge to frfff we no a possible lawsuit. It sounds like you may not have enough... View More

View More Answers

1 Answer | Asked in Child Support and Workers' Compensation for South Carolina on
Q: I have a workers comp settlement awarded how much of that settlement can be garnished for back child support in SC
Carole Jean Hayes
Carole Jean Hayes
answered on Aug 8, 2020

You are not going to like my answer but I believe 100% of it can be garnished for past child support. This is a big exception to the usual practice of no assignments on a worker's compensation settlement. I wish you the best.

Carole

1 Answer | Asked in Car Accidents and Insurance Bad Faith for South Carolina on
Q: When I file a complaint in the court of common pleas in SC, how long after do I have to wait to send my interrogatories?

I had to file a lawsuit against two drivers that collided with eachother. I was at the red light when they hit each other and ended up hitting my car. Both of their insurance companies are disagreeing on the liability so my car is a total loss and has not been replaced and my medical bills are... View More

Carole Jean Hayes
Carole Jean Hayes
answered on Apr 27, 2020

Some people actually send the discovery requests with the complaint when it gets served. I would suggest waiting until they file an answer, wherein they will probably deny everything, and then send the interrogatories, request for production of documents and anything else you might want to send... View More

4 Answers | Asked in Elder Law, Nursing Home Abuse, Personal Injury and Wrongful Death for South Carolina on
Q: My father was in an expensive nursing home in Massachusetts -- a nurse gave him Covid 19 and he died, can we sue them?
Carole Jean Hayes
Carole Jean Hayes
answered on Apr 21, 2020

I am very sorry to hear of your loss. I agree with the other answer but I also wanted to share that you need to find an attorney as soon as you can, after doing your due diligence. You are going to need to subpoena a lot of documents and talk to the witnesses and get their deposition before their... View More

View More Answers

1 Answer | Asked in Car Accidents for South Carolina on
Q: Took keys & drove car. Got into accident. Not on their insurance. But ins. Wants them to file theft but they won't.

Can ins. Comp. Have me arrested

Carole Jean Hayes
Carole Jean Hayes
answered on Mar 24, 2020

If he was a permissive user, that means he had permission to use the car by the owner, or someone who had permission by the owner, he may be okay. The insurance company wants you to file charges against him so they don't have to pay the claim. If you contact an attorney I'm sure they... View More

1 Answer | Asked in Car Accidents for South Carolina on
Q: Can an insurance com.have someone arrested for taking a family members and getting into an accident.
Carole Jean Hayes
Carole Jean Hayes
answered on Mar 24, 2020

Other illegal issues aside (drinking while driving, etc.,) If he was using the car with the permission of the owner, then perhaps not. You need to talk to an attorney and give more details but it is possible he will be ok. I wish you well.

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 Car Accidents for South Carolina on
Q: I backed into somebody car. I was at fault. We talk right there when it happened and agreed to me giving him money later

He did not want to call the cops. Is there anything he can do about it now. He said he is calling the cops and reporting it after the fact. Can he file a claim against me?

Carole Jean Hayes
Carole Jean Hayes
answered on Feb 26, 2020

Yes, he can call the police after the fact and have a report made. If he has gotten injured he can make a claim for any injuries and the damage to his car. Your insurance company will pay him, if appropriate, and your premiums will go up a bit.

1 Answer | Asked in Workers' Compensation for South Carolina on
Q: My boss told me I was hurt the 18th six months later he overlooked error was hurt 17thcan date be changed?

It was actually in the hospital paperwork I arrived on the 18th at 8 in the morning the accident took place at 8:30 on the 17th I arrived after 9 there's no way I could have been hurt 18th so how hard is it to get the accident date changed my boss is the one that told me the 18th

Carole Jean Hayes
Carole Jean Hayes
answered on Feb 3, 2020

That is not completely unusual. Sometimes that does happen. As long as the facts are consistent with regard to what happened, you really should be okay. That is the short answer. I have had that happen many times and when the date is clearly referencing the facts of the accident and it is just... View More

1 Answer | Asked in Employment Law and Workers' Compensation for South Carolina on
Q: I recently filed a injury claim to my hr. They sent me to an urgent in their network the doctor diagnosed me with

Active asthma and said the environmental exposures at work are the cause and excused me from 2days of work. I notified my supervisor that I’m out on worker comp. While on workers comp. I filed a osha complaint concerning the quality of air and toxic chemicals that are the cause of the asthma they... View More

Carole Jean Hayes
Carole Jean Hayes
answered on Aug 12, 2019

If your exposure to the workplace has resulted in your developing or aggravating your asthma, you should have a viable workers' comp case. You can go to another doctor. My first piece of advise is to get a company to test the air quality at your place of employment before they "fix... View More

Q: Can you please define "Hernia" for me please.

I was at work when I felt a pop followed by a searing pain that knocked me breathless onto the floor (in the worst paralyzing pain ever) from a squatting position. ER diagnosed me with an umbilical hernia. I was put on modified duty (not given hours to this day). The single medication I was RXd... View More

Carole Jean Hayes
Carole Jean Hayes
answered on Aug 6, 2019

Since this is a denied case, I would contact an attorney and relay all information and then see if you have a viable case. The five requirements we need are (1) an injury resulting in hernia that (2) the hernia appeared suddenly and (3) was accompanied by pain and the (4) hernia immediately... View More

2 Answers | Asked in Car Accidents for South Carolina on
Q: Ran into a mailbox, now I have a warrant!! What to do?

It was 1a.m, I was sleepy, my right headlight was out, I dozed off for a second too long and hit someone’s mailbox.. I didn’t want to wake the people up about the matter; my tire was flattened so I left my car at friends house close by and caught a ride home; my plans were to go back the next... View More

Carole Jean Hayes
Carole Jean Hayes
answered on Jul 1, 2019

I would go to the police department as soon as possible and let them know exactly what happened. The sooner the better.

View More Answers

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

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.