More and more often, nursing homes, assisted living centers, and the like are requiring patients and their families to sign binding arbitration agreements prior to a patient’s admittance. Nursing homes do this because they do not want a jury to hear a South Carolina nursing home abuse case in which…
Attorneys who practice law in the area of personal injury and wrongful death are often concerned about the timing of a lawsuit, and rightfully so. Claims not filed within the statute of limitations and statute of repose are usually dismissed by the courts. However, the timing of a lawsuit is…
Just like judges in other types of cases, South Carolina workers’ compensation commissioners are under an obligation to be fair and impartial in matters proceeding before them. If a judge’s impartiality might reasonably be questioned in a particular case, he or she is supposed to disqualify himself or herself from…
When someone is hurt by the negligence act(s) of a business, government, or individual, the injured person may be able to receive compensation for his or her injuries through a personal injury lawsuit. In most such cases, the plaintiff need only prove that the defendant owned him or her a…
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…
When filing a South Carolina premises liability claim against a store, restaurant, or other establishment, the plaintiff may have a choice of venue – that is, a choice between multiple courts in which his or her legal action can be filed. However, there may be some situations in which the…
Under South Carolina workers’ compensation law, a person who is hurt at work may be entitled to payment of certain benefits. These include medical care, temporary total disability, and permanent partial disability in many cases. If an employee disagrees with his or her award, there are steps that can be…
In a South Carolina premises liability case, it is the plaintiff’s burden to prove that a dangerous condition on another’s property caused injury to him or her. The plaintiff must also prove that the defendant either directly caused the condition or that, in the exercise of due diligence, the defendant…
A successful legal claim following a serious personal injury or loved one’s wrongful death requires several steps. First and foremost in any South Carolina personal injury lawsuit, the party seeking to recover money damages for another’s failure to act in a reasonably prudent manner must be able to prove that…
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…