Dash Cam video recorders are now common in large trucks. They record what the driver is seeing ahead of him. Some record the actions of the driver as well. Others even have cameras to the sides and back of the vehicle. The capabilities of these cameras continues to grow. Certain…
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 South Carolina personal injury lawsuit, the plaintiff has the burden of proving, by a preponderance of the evidence, that the defendant owed him or her some type of legal duty and that the defendant either acted in a manner that breached this duty or failed to take an…
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…
When a South Carolina personal injury lawsuit is filed, it can be resolved in several different ways. The plaintiff’s claim may be dismissed – either voluntarily, or by the court – thus ending the litigation. The matter may proceed to trial, and a judge may enter judgment upon a jury’s…
In a South Carolina personal injury case, the plaintiff must be able to prove negligence in order to recover damages. This requires proof of four distinct elements: duty of care, breach of duty, actual/proximate causation, and damages. In negligence cases, the jury typically resolves factual issues, but the trial court…
The litigation of a personal injury case can be protracted and sometimes complex. Many issues can arise, and the parties may disagree at every possible juncture. It is then up to the trial judge to decide the various pre-trial, trial, and post-trial issues that arise. A recent federal case sheds some…
In injury litigation, sometimes there is but a single defendant – the driver of a car or the owner of a small business, perhaps. Other times, however, there are multiple defendants and multiple claims. A seemingly simple case can quickly get complex. Defendants often resist being brought into a lawsuit and…
Johnson and Johnson has agreed to a massive $2.5 billion settlement regarding their DePuy ASR metal on metal hip replacements. There are two key deadlines. The first is a Jauary 6th, 2014 deadline to register your case. The second is a April 1, 2014 deadline to opt-in to the settlement. …