Close

South Carolina Personal Injury Law Blog

Updated:

New developments in Johnson & Johnson talc based Baby Powder cases

Recently the federal judge overseeing the multi-district litigation involving claims by over 16,000 women that Johnson & Johnson’s talc based Baby Powder causes cancer ruled that the claimant’s experts were qualified and could testify in upcoming trials against Johnson & Johnson.  That was great news.  Then two weeks ago Johnson…

Updated:

Without Evidence of Fornication or Illicit Relationship, South Carolina Woman Who Claimed to Be Deceased Worker’s Common Law Wife Might Qualify for Death Benefits

Some South Carolina workers’ compensation cases involve the issue of whether a particular injury was work-related or whether the employer has a valid defense against the employee’s claim. Sometimes, however, the real fight is not between the employer and employee, but between other parties. For instance, this can happen when…

Updated:

South Carolina Court Rules That Unpaid Student Intern’s Average Weekly Wage Was Calculated Incorrectly by Workers’ Compensation Commission

When someone is hurt at work and files a South Carolina workers’ compensation claim, one of the issues that must be determined is the claimant’s average weekly wage. Usually, this is fairly simple: just add up the worker’s earnings for the past year and divide that number by 52. Of…

Updated:

South Carolina Law Does Not Require Punitive Damages to be Apportioned Pro Rata Between Bodily Injury and Property Damage in Split Limits UIM Policy

Most issues arising in a South Carolina automobile accident case can be handled in state court. Sometimes, however, a case is filed in federal court. When this happens, a state court may be asked to weigh in on a particular issue of South Carolina law. This is especially likely in…

Updated:

In Battle Between Workers’ Compensation Carriers, South Carolina Appeals Court Says First Carrier Is Responsible for Alleged Second Injury

South Carolina workers’ compensation cases can sometimes drag on for years, especially if the injured worker allegedly suffers subsequent injuries to the same part of the body. Not all such litigation is pursued by the injured worker against his or her employer, however. Sometimes, multiple insurance companies seek the courts’…

Updated:

South Carolina Court of Appeals Finds that Father Who Contributed Nothing to Pre-Natal or Birthing Expenses Could Not Share in Child’s Wrongful Death Claim Proceeds

Most South Carolina medical malpractice lawsuits revolve around the issues of whether the defendant health care provider breached the applicable standard of care and, if so, the amount of compensation due to the victim.However, sometimes there are other issues, such as in a recent case in which the malpractice action…

Updated:

Worker Not Entitled to Lump Sum Payout in South Carolina Workers’ Compensation Case

When an injured worker files a South Carolina workers’ compensation claim, he or she may be entitled to several kinds of benefits. These benefits may include paid medical care, temporary total disability, and/or permanent partial or permanent total disability payments. The amount of money that the claimant ultimately receives is…

Updated:

Dispute Regarding Self-Insured Pool for Workers’ Compensation Liability Was at Least Partially Derivative Under South Carolina Law

Under the law of South Carolina, employers who do business in the state must provide a way for injured employees to receive the benefits to which they are entitled upon the filing of a South Carolina workers’ compensation claim. There are generally two ways in which this can be accomplished.…

Contact Us