Do you have insurance on your home? Do you know what it covers? As a recent case shows, if you have homeowner’s liability insurance, you might think you are covered for more situations than you actually are. It’s always a good idea to review your policy from time to time…
South Carolina law limits both the time that an injured worker has to give notice of a work-related injury and the time for filing a claim with the workers’ compensation commission, seeking to enforce his or her right to medical care, temporary or permanent disability benefits, and other related matters.…
The majority of personal injury cases, wrongful death actions, and bad faith insurance claims are litigated in state court. However, the federal courts have concurrent jurisdiction in such cases if there is diversity of citizenship between the parties and there is more than $75,000 is in controversy. Litigation in either…
It seems that the amount of paperwork required in order to be admitted to a hospital, nursing home, or other health care facility grows with each passing year. It can be overwhelming even under the best of circumstances. Unfortunately, health care providers can be quite demanding and pushy, shoving papers into…
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…
There are several issues that are common in nursing home and senior care litigation, such as falls, medication errors, bedsores, and medical malpractice. In the recent unreported per curiam opinion of Evanston Insurance Company v. Agape Senior Primary Care, Inc., the United States Court of Appeals for the Fourth Circuit was asked to…
Although there are limitations and certain disadvantages to a workers’ compensation case as opposed to a more traditional negligence lawsuit, there are some pluses. Among these is the opportunity to reopen one’s case if there is a change in one’s physical condition. In other injury cases, such as those arising…
When an employee is hurt or becomes ill as a result of his or her employment, the employee may pursue workers’ compensation benefits such as medical care, temporary total disability payments, and permanent total disability benefits. In cases in which an employee dies as a result of his or her employment,…
Personal injury lawsuits and workers’ compensation claims must be timely filed, or else they will be dismissed unless they meet the very narrow criteria of an exception to the general rule. The statutes of limitations that control the filing deadlines for injury and wrongful death lawsuits exist to encourage plaintiffs to…
Historically, in South Carolina , there was no common law cause of action holding restaurants and bars responsible for injuries by drunk drivers who consumed alcohol at their establishments. In numerous states, dram shop acts were legislated which provided remedies to those injured by drunk drivers who were over served…