Most issues arising in a South Carolina automobile accident case can be handled in state court. Sometimes, however, a case is filed in federal court. When this happens, a state court may be asked to weigh in on a particular issue of South Carolina law. This is especially likely in…
The amount of insurance coverage available in a South Carolina car accident case is one of the most important considerations in determining the overall value of a claim filed by an injured person or the family of an accident victim. As a practical matter, if there is no insurance, recovery…
A popular idiomatic phrase goes something like, “Don’t make a federal case out it!” Generally, “making a federal case” out of something means that it has been built up or exaggerated beyond what is reasonable, but, like most common phrases, there is a nugget of truth behind the words. For…
In a South Carolina automobile accident case, the plaintiff has the burden of proving that the defendant was negligent – that is, that the defendant’s failure to act in a reasonably prudent manner resulted in damages to the plaintiff. Once this has been done, the defendant may seek to reduce…
In a typical South Carolina car accident lawsuit, it is the injured driver or passenger who files suit. However, this is not always the case. Sometimes, an insurance company files what is called a “declaratory judgment action” in order to seek the court’s guidance as to the applicability and/or extent…
One of the most important types of insurance that is available to South Carolina vehicle owners is uninsured/underinsured motorist coverage. When such a policy of insurance is in place, it protects the insured individual in the event of a serious injury collision caused by someone who doesn’t have automobile accident…
In many South Carolina car accident cases, there is only one real issue: the amount of damages to which the injured party is entitled to receive from the at-fault defendant’s motor vehicle liability insurer. Sometimes, however, there are other issues, such as how the payment of benefits under other insurance…
In an ideal world, every consumer would have a thorough understanding of the many different types of car, truck, and motorcycle insurance that may be available to them and be able to make an informed decision about coverage. Unfortunately, it sometimes takes a South Carolina motor vehicle accident to make…
Proving a case of negligence in a South Carolina car accident case is a four-step process. In order for the defendant to be held liable, the plaintiff must prove, by a preponderance of the evidence, that the defendant owed the plaintiff a duty of care, that the defendant breached that…
There are many scenarios through which a claim for uninsured or underinsured motorist (UM/UIM) insurance benefits may arise. Typically, such a claim happens as a result of a South Carolina car accident in which the negligent driver either had no insurance at all or had only minimum coverage. However, UM…