Parents must provide medical support for their children, and, in most cases, the family court will order one or both parents to maintain health insurance for the children after a divorce. But who pays? Below, we will discuss how the court determines who pays for the...
Axelrod & Associates, P.A.
Is There an “Automatic Fault Rule” for Rear-End Collisions in SC?
Is there an “automatic fault rule” for rear-end collisions in SC? Most people automatically presume that the rear driver is at fault in a rear-end collision, but there are situations where a rear-end collision is caused by the lead driver and the lead driver can be...
When Does Self-Defense Apply in SC?
When does self-defense apply under South Carolina law? I bet you think that if someone attacks you you have the right to defend yourself, and it’s that simple. That makes sense, and most people would agree… But did you know that SC’s self-defense law only applies when...
When Does Fraud in the Application Bar Workers’ Compensation Benefits?
When is fraud in the application a valid defense that would allow an insurance company to refuse to pay workers' compensation benefits? Insurance companies will do everything possible to deny or limit your workers' compensation claim – including accusing you of lying...
Will My Child Have to Testify in My Custody Case in SC?
“Will my child have to testify” is a common concern that parents ask us when they have decided to seek a divorce or when there is a custody dispute. In some cases, parents want their child to testify because it could sway the judge in their favor or because it...
What You Need to Know Before Cashing an Insurance Company Settlement Check
If you are about to cash an insurance company settlement check, you may want to take a minute to consider whether you should deposit that check, what it means when you cash a settlement check, and whether you are being fully compensated for your injuries. In this...
SC Workers’ Compensation Law: What is the Statutory Employee Doctrine?
What is SC’s statutory employee doctrine, and how could it affect your workers’ compensation case? In the past, employers have been considered immune from lawsuits by the employees of contractors and subcontractors under SC Code § 42-1-400 and 410’s “statutory...
Can You Appeal a Conviction Twice?
You can appeal a conviction twice – if you have been convicted, successful on appeal, retried, and convicted again, you can file a second appeal based on errors made in the second trial or you can file a PCR action based on mistakes made by the trial lawyer. You can...
Vacations and Child Custody in SC
Can you take vacations with your child if you are divorced and there is a child custody order in place? The short answer is yes you can, but you should make sure that 1) the custody order provides for vacation time, 2) you have permission if you are going to leave the...
What is Negligence?
What does negligence mean under SC law? If you intend to collect compensation from a person or business for a harm that they have caused you, you will first need to prove liability. The most common way that accident victims can prove liability is by establishing that...