In an ideal world, every consumer would have a thorough understanding of the many different types of car, truck, and motorcycle insurance that may be available to them and be able to make an informed decision about coverage. Unfortunately, it sometimes takes a South Carolina motor vehicle accident to make…
South Carolina Personal Injury Law Blog
South Carolina Court of Appeals Says Workers’ Compensation Appellate Panel Should Have Made More Detailed Findings On Issue of Whether Alleged “Dependent” Was Entitled to Death Benefits
Usually, the claimant in a South Carolina workers’ compensation case is a worker who was injured on the job. The “injury” may be a result of an accident, repetitive or cumulative trauma, or even a work-related illness. When a worker dies as a result of an accident for which he…
South Carolina Court Holds that Bigamous “Husband” Could Not Share in Wrongful Death Settlement Proceeds
Most South Carolina wrongful death cases focus on whether the defendant is liable for the death of the plaintiff’s loved ones, but some cases have a different issue – such as the question of who is entitled to share in the proceeds of a settlement entered in the case by…
South Carolina Supreme Court Says Notice Issue in a Workers’ Compensation Appeal Should Be Reviewed Under “Substantial Evidence” Standard
If you have been hurt in a work-related accident, you may be putting off the formal filing of your South Carolina workers’ compensation claim, hoping your employer will “do the right thing” or that your injury will improve on its own. It is very important that you take action to…
Trial Court Should Have Reviewed Documents Related to Settling Defendant’s Agreement in Order to Determine Set Off, According to South Carolina Court of Appeals
In a South Carolina personal injury lawsuit, it is not unusual for several individuals, businesses, or governmental entities to be named as defendants. By the time the trial rolls around, however, there may be significantly fewer defendants – perhaps, only one. The reasons for this are numerous. Some defendants may…
South Carolina Court of Appeals Affirms Denial of Motion to Compel Arbitration in Lawsuit by Representative of Deceased Rehabilitation Facility Patient
In recent years, there has been a trend toward alternative dispute resolution, such as arbitration, in some kinds of cases, including South Carolina nursing home abuse cases. It is important to note that the reason for this trend is not because injured individuals or the families of those who have…
South Carolina Supreme Court Revisits Wrongful Death Lawsuit Arising from Security Officer’s Pursuit of Shoplifting Suspect
Proving a case of negligence in a South Carolina car accident case is a four-step process. In order for the defendant to be held liable, the plaintiff must prove, by a preponderance of the evidence, that the defendant owed the plaintiff a duty of care, that the defendant breached that…
Appellate Court Rules that Disabled Man’s Negligence Claim Against South Carolina Department of Disabilities and Special Needs Should Have Survived Summary Judgment
Those who are confined to nursing homes and other long-term care facilities are extremely vulnerable. While it would be nice to believe that these individuals are given the care and treatment that they need and deserve, this is not always so. Unfortunately, South Carolina nursing home negligence and medical malpractice…
Patient’s Claim Against Psychiatrist and Medical Center Was Not Barred by South Carolina Statute of Repose as a Matter of Law
Although there are several deadlines that may apply in South Carolina medical malpractice lawsuits, one of the most important is the statute of limitations. Claims not filed within the limitations period are usually dismissed, regardless of the merits of the plaintiff’s case. While there are a few exceptions, only cases…
Federal District Court Dismisses Defendant in South Carolina Product Liability Case Due to Lack of Successor Liability
South Carolina product liability lawsuits can be complicated. Not only must the plaintiff prove the elements of negligence, strict liability, or another legal theory of liability, but he or she must also track down the manufacturer, seller, or another party that can be held responsible for the plaintiff’s injuries under…