Everyone who drives an automobile should have liability insurance to pay medical expenses, lost wages, and pain and suffering to a passenger, motorist, or pedestrian who is injured as a result of the driver’s own negligence. Otherwise, any judgment in a negligence lawsuit brought against the driver could be collected…
Several months ago, we told you about a federal court of appeals’ decision in a case in which a medical malpractice insurance company sought a declaratory judgment as to its responsibility to cover certain acts of malpractice after it was discovered that a fake nursing home “doctor” had illegally assumed…
Since our office regularly represents people who have been seriously injured in a car accident or lost a loved one in a fatal motor vehicle collision, we are well aware of the tragic frequency at which automobile crashes happen on the highways of South Carolina. Still, it is with great concern…
Civil claims not asserted in a timely fashion face dismissal on procedural grounds, regardless of the merits of the underlying complaint. The time period that a claimant has to assert his or her rights varies from case to case, depending upon the state in which the claim arose and the…
Those who own and operate places of business have a duty to keep their premises reasonably safe for customers and other business invitees. This includes the duty to protect guests from criminal activity in some situations. However, the burden is on the injured person to prove that the property owner acted negligently.…
Nursing home owners do not like jury trials. In fact, the idea of a jury comprised of everyday men and women determining whether a nursing home neglected a patient and, if so, awarding damages to a patient or the patient’s family is so distasteful to many nursing home owners that they require…
When an employee dies as a result of a work-related injury, his or her dependents are entitled to receive compensation in most cases. However, if an employee who is injured on the job dies from unrelated causes while his or her case is pending, the situation can be much more complex. A…
Generally speaking in South Carolina, a person who is injured on the job (or the family of a person who is killed while in the course and scope of his or her employment) is restricted to recovery of the benefits available under South Carolina’s workers’ compensation law. This is true…
Every driver should know that South Carolina state law requires a motorist to stop when he or she is meeting or overtaking a school bus with its flashing red lights activated. For obvious safety reasons, a driver is simply not allowed to pass a stopped school bus, nor is he or she…
Being successful in a wrongful death lawsuit arising from a motor vehicle accident requires that the plaintiff prove the basic elements of negligence (duty, breach of duty, damages, and causation). Unfortunately, however, not every legally sound case results in a fair amount of compensation for the victim’s family. The second –…