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Frequently Asked Questions About South Carolina Law

 

 

CONSUMER LAW

 

What is a lemon law?

A lemon law protects consumers when purchasing new cars that have defects that lower their value or compromise safety.

 

A debt collector is harassing my family and me with phone calls. What can I do?

Give the debt collector a formal written request to stop contacting you. If the collector continues to harass you, contact the authorities or enlist a consumer law attorney.

 

IMMIGRATION LAW

 

How can an immigrant come and stay in the United States?

Immigrants can legally enter the United States under various visas. The type of visa will determine the length of stay and type of permissible activities. Visas are available to people entering the United States for business, tourism, medical treatment, temporary employment, education, and for other special circumstances.  Consult a Columbia immigration attorney to learn what type of visa you may be eligible to obtain and for help in gaining approval to stay in the United States for an extended period of time.

 

When will I know if I was selected for the Diversity Lottery visa?

The results of the annual diversity lottery are usually available five to six months after the application period ends. Only selected applicants receive notification.

 

What are the requirements for obtaining United States citizenship?

The process of acquiring citizenship for those not born in the United States is called naturalization. To be eligible for naturalization, one must be at least 18 years of age and have been a legal permanent resident of the United States for at least five years (reduced to three years under certain circumstances, including marriage to a U.S. citizen).  To attain citizenship after meeting the requirements, one must pass a test demonstrating knowledge of U.S. society and government and must submit to an in-person interview.

 

Understanding the naturalization process can be confusing, and certain exceptions do apply.  South Carolina residents wishing to learn more about becoming a U.S. citizen and seeking help with the process should consult a citizenship attorney in Columbia.

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MEDICAL MALPRACTICE

 

I have pain after my surgery. Can I sue for medical malpractice?

That depends on the severity of the complications and whether or not the doctor performed your surgery correctly. Generally, you will need to prove that a doctor or other medical professional was in some way negligent or omitted an important element of your care. Consult a medical malpractice attorney in South Carolina to help determine if you have cause to sue based on the circumstances of your case.

 

What is informed consent?

Informed consent is the professional duty of a medical provider to inform his or her patients of the potential risks and benefits associated with a medical procedure and any other alternative treatments.

 

Can I sue for medical malpractice on behalf of a family member who has died?

Yes—if a loved one has died, the survivors may sue for medical malpractice if they can prove the person’s death was due to negligence on the part of medical professionals who provided care. This is known as a "wrongful death" case.  Examples of medical negligence that can result in death may include misdiagnosis or failure to diagnose, medication errors and anesthesia errors.

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PERSONAL INJURY

 

How much is my personal injury claim worth?

The value of a personal injury claim is determined by factors of related to the accident and injury:

 

  • Type and severity of injury
  • Liability and negligence factors
  • Long-term effects of injuries
  • Insurance policies and coverage

 

Determining the monetary value for a South Carolina personal injury claim requires complex calculations that factor in the many circumstances surrounding an injury. Experienced personal injury attorneys in Columbia have the necessary expertise to figure out the worth of your claim based on all available evidence.

 

What damages can I recover in a personal injury claim?

When you are injured because of someone else’s negligence, you are entitled to monetary compensation for both financial loss and other damages that are harder to quantify, as long as they are a direct result of your injury.  Depending on circumstances, you may be compensated for any of the following damages:

 

  • Past, current, and future medical expenses
  • Lost wages if you are unable to work due to injury
  • Loss of future income or earning potential
  • Property that was damaged as a result of the injury
  • The cost of hiring someone to do household work you are unable to do
  • Permanent disability
  • Emotional and mental distress

 

What you can recover will depend on the specific details of your case.  To learn about damages you may be entitled to recover, contact a South Carolina personal injury lawyer.

 

What is "strict liability"?

Strict liability means that a person or organization can be held liable for damages even if they did not commit a negligent act.

 

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Veterans Disability Benefits

 

Do I need an attorney to collect my veterans’ disability benefits?

No, but a veterans disability attorney can help you navigate the administrative procedures and compile evidence to help validate your claim.

 

When can I retain legal counsel in my claim?

You can retain legal counsel for your claim within one year of the first final decision by the Board of Veterans' Appeals on their claims.

 

Worker’s Compensation

 

How do I report an on-the-job injury?

Whenever you are injured on the job you should report it immediately to your supervisor and seek any necessary medical attention.  An injured person has 90 days to report an injury and two years to file a benefit claim.  Your employer is responsible for filing a claim with their insurance company.  If your employer fails to do so or you believe you have not received all the benefits to which you are entitled, you may file a claim yourself. For assistance in filing a South Carolina claim, contact a South Carolina workers’ compensation attorney.

 

What medical treatment am I entitled to receive for my injury?

The simple answer is all necessary medical treatment likely to lessen your injury, including:

 

  • Surgery
  • Hospitalization
  • Medical supplies
  • Prosthetic devices
  • Prescriptions

 

How is the compensation rate determined on my claim?

Workers are entitled to receive 66.66% of their average weekly wage based on the four quarters prior to injury.

 

Can I be fired for filing a claim?

No, South Carolina law protects employees from being fired for filing a legitimate claim.  If you believe you were terminated in retaliation for filing a claim, you should contact a South Carolina workers’ compensation attorney immediately.

 

Schedule a free initial consultation with the Mike Kelly Law Group by calling 866-959-4341 or use our quick contact form.