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…
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…
A popular idiomatic phrase goes something like, “Don’t make a federal case out it!” Generally, “making a federal case” out of something means that it has been built up or exaggerated beyond what is reasonable, but, like most common phrases, there is a nugget of truth behind the words. For…
While most people understand that they “need insurance” for certain situations, such as car accident, a house fire, or a slip and fall accident on their premises, few individuals or business owners truly understand all of the different types of insurance that are available, how they differ from one another,…
It is not unusual for one or more of the defendants in a South Carolina product liability lawsuit to seek federal bankruptcy protection. This is especially true if a particular product has been accused of causing numerous serious personal injuries or wrongful death. The effects of the bankruptcy can vary,…
Those who have been hurt by someone else’s negligent or reckless conduct should receive fair compensation for their medical expenses, lost wages, and pain and suffering. Unfortunately, not every South Carolina personal injury lawsuit arising from an act of negligence goes smoothly. Not only is liability often denied (many defendants…
In a South Carolina automobile accident case, the plaintiff has the burden of proving that the defendant was negligent – that is, that the defendant’s failure to act in a reasonably prudent manner resulted in damages to the plaintiff. Once this has been done, the defendant may seek to reduce…
In a South Carolina personal injury lawsuit, the plaintiff has the burden of proving, by a preponderance of the evidence, that the defendant owed him or her some type of legal duty and that the defendant either acted in a manner that breached this duty or failed to take an…
Under South Carolina law, a property owner can be held legally liable for injuries suffered by visitors and others who are legally on the owner’s premises, if the injured person can prove that the property owner was negligent. Of course, the property owner will likely attempt to avoid liability in…
When a loved one’s death is caused by another’s negligence or wrongful death, a South Carolina wrongful death lawsuit is a possibility for those left behind. Unfortunately, proving a wrongful death claim against the defendant may be only a part of the process of the decedent’s family receiving fair monetary…