Legal Question in Personal Injury in South Carolina

My wife fell in a large hole in a NJ store parking lot.

She had a severe ankle sprain and it required a couple of months of PT, the total bills came to $6k.

We live in SC and she is currently in negotiations on a settlement.

My wife is retired so there were no lost wages, however, she is a housewife and I had to help her

do her normal chores ( cooking, cleaning, wash etc.) when I came home from work.

In S. Carolina we have a law that I could seek compensation, ("Noneconomic damages� nonpecuniary damages arising from pain, suffering, inconvenience, physical impairment, disfigurement, mental anguish, emotional distress, loss of society and companionship, loss of consortium, injury to reputation, humiliation ...)

I am considering seeking a reasonable reimbursement for my extra duties under this law.

My question is: If we cannot settle through negotiations can I take this to "small claims"

court in South Carolina, (we have a have a $7500 max and I am seeking less than 2k)

my concern is that the store is located in several Northeast states and none in SC.

Can I file in SC? That isn't where my Wifes' injury took place but it is where I live.

Would they even have to answer it since they don't do business in SC?

Thank you for any help you can give.

Scott

I


Asked on 8/12/10, 9:00 am

1 Answer from Attorneys

Alton L. Martin, Jr. Martin & Martin Attorneys, PA

South Carolina would not have jurisdiction. You should contact a New Jersey attorney.

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Answered on 8/17/10, 12:00 pm


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