In a class action lawsuit, the plaintiff attempts to seek justice against the defendant not only on his or her own behalf, but also on behalf of those similarly situated. Of course, it is up to the trial court to determine whether to certify the plaintiff’s suit as a class…
South Carolina Personal Injury Law Blog
$90,000 Jury Verdict in Favor of South Carolina Woman Whose Son Was Stillborn Affirmed on Appeal – Jamison v. Hilton
A stillbirth occurs when a baby dies after the 20th week of pregnancy. According to the March of Dimes, this tragic event happens in about one out of every 160 pregnancies in the United States. It can be caused by a number of factors, including birth defects, problems with the…
$237,454,195 Award in South Carolina Whistleblower’s Suit Brought under the Federal False Claims Act Affirmed on Appeal – Drakeford v. Tuomey
The United States government is a huge entity that cannot possibly be aware of every instance of fraud of which it is a victim. To increase the odds in the government’s favor, Congress passed the False Claims Act, which contains a qui tam provision through which a whistleblower may initiate a lawsuit…
Plaintiffs in South Carolina Nursing Home Negligence Suit Entitled to Review of Trial Court’s Bifurcation of Corporate Defendants Prior to Trial – Morrow v. Fundamental Long-Term Care Holdings, LLC
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…
Allen Charge to Jury in South Carolina Motorcycle/Heavy Equipment Accident Was Not Coercive – Johnson v. Sam English Grading, Inc.
In a perfect world, the evidence in a lawsuit would be so obviously convincing in favor of one party or the other that a jury would be able to reach a quick and unanimous verdict. In the real world, however, a case in which the evidence is so clearly in one party’s…
Subcontractor’s Employee Who Was Killed While Returning to South Carolina After Making a Delivery Was a Statutory Employer of an Upstream Contractor – Collins v. Seko Charlotte
Workers’ compensation laws are supposed to simplify the process by which an injured worker, or the family of an employee killed in an on-the-job accident, receives monetary compensation. Of course, the actual ease of the process depends upon several factors, and some cases can be much more complicated than it…
South Carolina Worker’s Appeal Within 30 Days of Denial of Rehearing by Appellate Panel of the Workers’ Compensation Commission Was Timely – Rhame v. Charleston County School District
The familiar adage “time is of the essence” is never more true than in a court of law. Consequently, if you have been hurt in an accident, it is important to contact an attorney about your case as soon as possible. This is because, regardless of the merits of your potential lawsuit, the…
Workers’ Compensation Under Attack By Wal-Mart And Others
A nationwide campaign is underway to gut workers’ compensation laws financed by several large well-known companies including Wal-Mart, Lowe’s, Safeway, Nordstrom, Macy’s, Sysco Food Services, Kohl’s, and several large insurance companies. These companies have formed a lobbying group known as the Association for Responsible Alternative Workers’ Compensation (ARAWC). The organization…
Why Were Workers’ Compensation Laws Created?
Workers’ compensation laws are a product of the 20th century. According to the South Carolina Workers’ Compensation Commission, prior to the passage of these statutes, workplace injuries were addressed through individual lawsuits. If there was an employee hurt on the job, that person had to file a negligence lawsuit against…
Rosekind promises action on issue involving truck speeds
Did you know that in the United States, speed limits are determined by individual agencies within each state? For a lot of our South Carolina readers, this makes sense. Many people believe that state agencies know their state best and should be able to make speed limit determinations that make…