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South Carolina Personal Injury Law Blog

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South Carolina Appeals Court Rejects Finance Company’s Attempt to Force Arbitration in Negligence Case

It seems that everywhere one turns these days, there’s someone asking for a signature on a waiver, a release document, or a contract agreeing – in advance – to arbitration of a dispute that has not yet occurred. The goal, of course, is to usurp the signer’s right to a trial by…

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South Carolina Appeals Court Holds that No Sanctions Were Warranted Against Employer in Workers’ Compensation Case

Under South Carolina law, a person who is injured in the course and scope of his or her employment may file a claim seeking workers’ compensation benefits, such as temporary disability benefits, permanent disability benefits, and medical benefits. If a claim is denied by the employer’s insurance company, the injured…

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Federal District Court in South Carolina Denies Summary Judgment in Mesothelioma Case Filed by Former Navy Officer

Mesothelioma is a type of cancer that is caused by exposure to asbestos. Generally speaking, the more a person is exposed to asbestos, the greater his or her risk of developing the disease will be. In most cases, it takes several years (sometimes even decades) after the initial exposure for…

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South Carolina Supreme Court Adopts “Divided Premises” Rule in Workers’ Compensation Case – Davaut v. University of South Carolina

Under South Carolina workers’ compensation law, employees who are injured in the course of their employment are entitled to certain benefits, such as the payment of medical expenses and disability payments. While workers’ compensation cases are supposed to be less contentious than tort cases alleging negligence, they are not always…

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South Carolina Supreme Court Says Lower Tribunals Should Have Stuck to Issues Actually Raised by Employer in Workers’ Compensation Case – Hilton v. Flakeboard America Limited

The appellate process is designed to provide efficient and meaningful review of the decisions of lower courts and administrative tribunals. Of course, even when things run smoothly, an appeal can lengthen the time that it takes to resolve a dispute. When an appeal does not follow the usual course, however,…

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Tragedy Can Occur Quickly When Nursing Home Residents Are Not Properly Supervised

Placing a loved one in a nursing home, long-term care facility, or assisted living center is an extremely difficult, emotionally fraught decision – perhaps one of the toughest choices many of us will ever be called upon to make. Often, the primary reason for deciding to place a family member…

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South Carolina Court of Appeals Finds That Worker Was Not Entitled to Medical Benefits for Compensable Work Injury – Hartzell v. Palmetto Collision, LLC

Timeliness is important in any injury case, be it a negligence action or a work injury case. In addition to the statute of limitations for filing a claim in a court of law, there may be a requirement to give formal notice in some situations. For instance, giving notice of…

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South Carolina Appeals Court Sides with Employer in Workers’ Compensation Case in Which Prior Injury Was an Issue – Turner v. SAIIA Construction

Most workers in South Carolina are entitled to receive workers’ compensation benefits if they are injured in an accident arising out of and in the course of their employment. These benefits include not only necessary medical treatment but also partial reimbursement for lost wages while a worker is temporarily unable…

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Federal District Court in South Carolina Grants Summary Judgment to Defendants in WaveRunner Product Liability Lawsuit – Hickerson v. Yamaha Motor Corporation, U.S.A.

When a particular product is unreasonably dangerous or defective, a person who is injured thereby has a legal right to file a product liability lawsuit against the manufacturer, wholesaler, seller, or others in the product’s chain of distribution. Possible damages in such a lawsuit include medical expenses, lost wages, pain…

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South Carolina Appeals Court Finds That Woman Presented Evidence of Negligence After Fall on Outback Steakhouse Curb Ramp – Jackson v. OSI Restaurant Partners, LLC

Building a case of negligence against a person or business that one believes caused an accident (such as a car wreck or a slip and fall at a restaurant) is a multi-step process. The first step is establishing that the party from whom the plaintiff seeks to recover money damages owed…

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