When someone is hurt at work, he or she has the right to seek workers’ compensation benefits pursuant to South Carolina law. However, there are time limits on the filing of such a claim. Failing to assert one’s legal rights within the time allowed by law can result in the…
There are many scenarios through which a claim for uninsured or underinsured motorist (UM/UIM) insurance benefits may arise. Typically, such a claim happens as a result of a South Carolina car accident in which the negligent driver either had no insurance at all or had only minimum coverage. However, UM…
When a South Carolina personal injury lawsuit is filed, it can be resolved in several different ways. The plaintiff’s claim may be dismissed – either voluntarily, or by the court – thus ending the litigation. The matter may proceed to trial, and a judge may enter judgment upon a jury’s…
Sometimes, a personal injury or wrongful death case involves only two parties and one theory of liability. For example, when one motorist’s negligence harms another driver in a South Carolina car accident, the injured driver may only need to file a simple negligence claim against the careless motorist who caused…
Trying a lawsuit, such as a South Carolina premises liability case, in front of a jury requires close attention to not only the state’s rules of civil procedure but also a particular judge’s local rules and even the scheduling orders in a particular case. A mistake or failure to take…
Under South Carolina workers’ compensation law, employers are supposed to purchase and maintain a policy of workers’ compensation insurance to cover their employees, in case an accident or illness should happen on the job. Of course, just as people break other rules in life, not every employer complies with the…
South Carolina medical malpractice cases can arise in a number of contexts, including not only obvious mistakes, such as leaving an instrument inside a patient’s body or surgically removing the wrong organ, but also more complicated situations, such as a failure to make a timely diagnosis of lung cancer. While…
Notice can be an important issue in a case involving injuries or wrongful death. While sometimes the simple act of filing a claim within the statute of limitations is all that is required, there are some kinds of cases in which other, earlier action is required. South Carolina workers’ compensation…
In a South Carolina personal injury case, the plaintiff must be able to prove negligence in order to recover damages. This requires proof of four distinct elements: duty of care, breach of duty, actual/proximate causation, and damages. In negligence cases, the jury typically resolves factual issues, but the trial court…
Spartanburg and Greenville workers’ compensation cases are sometimes met with much resistance from the employers of those who are injured, as well as from their insurance companies. This is unfortunate because, very often, workers’ compensation is the injured worker’s only means of obtaining much-needed medical care and temporary disability benefits.…