There was a time when an employee had to make out a case of negligence if he or she sought monetary compensation following an accidental injury at work. Nowadays, however, there is a workers’ compensation program in place that does not require proof of negligence or fault against the employer.…
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…
Under South Carolina law, a property owner can be held legally liable for injuries suffered by visitors and others who are legally on the owner’s premises, if the injured person can prove that the property owner was negligent. Of course, the property owner will likely attempt to avoid liability in…
In a South Carolina workers’ compensation lawsuit, the employee may seek several forms of compensation: temporary total disability benefits, permanent partial or permanent total disability payments, and/or payment of medical expenses. Some cases involving only minor injuries may be wrapped up in a reasonably timely fashion, while more complicated cases…
When a loved one’s death is caused by another’s negligence or wrongful death, a South Carolina wrongful death lawsuit is a possibility for those left behind. Unfortunately, proving a wrongful death claim against the defendant may be only a part of the process of the decedent’s family receiving fair monetary…
Healthcare providers like nursing homes and hospitals generally prefer to arbitrate, rather than litigate, South Carolina medical malpractice claims. There are several reasons for this, including the likelihood that the damages award paid out to a particular medical malpractice victim (or his or her family, if the patient died) will…
Pursing fair compensation for injuries suffered due to another party’s negligence can be difficult. In addition to being required to offer credible evidence on issues such as duty, breach of duty, damages, and proximate cause, the plaintiff may also face difficulties caused by the various insurance companies that are involved…
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…
When one person sues another individual (or business, governmental entity, etc.) for an act of negligence, the burden of proof is on the party seeking legal redress for the other’s wrongful conduct. It is important for the plaintiff in such a case to be represented by an experienced, thorough, and…