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 –…
Do you have insurance on your home? Do you know what it covers? As a recent case shows, if you have homeowner’s liability insurance, you might think you are covered for more situations than you actually are. It’s always a good idea to review your policy from time to time…
South Carolina law limits both the time that an injured worker has to give notice of a work-related injury and the time for filing a claim with the workers’ compensation commission, seeking to enforce his or her right to medical care, temporary or permanent disability benefits, and other related matters.…
The majority of personal injury cases, wrongful death actions, and bad faith insurance claims are litigated in state court. However, the federal courts have concurrent jurisdiction in such cases if there is diversity of citizenship between the parties and there is more than $75,000 is in controversy. Litigation in either…
It seems that the amount of paperwork required in order to be admitted to a hospital, nursing home, or other health care facility grows with each passing year. It can be overwhelming even under the best of circumstances. Unfortunately, health care providers can be quite demanding and pushy, shoving papers into…
The litigation of a personal injury case can be protracted and sometimes complex. Many issues can arise, and the parties may disagree at every possible juncture. It is then up to the trial judge to decide the various pre-trial, trial, and post-trial issues that arise. A recent federal case sheds some…
There are several issues that are common in nursing home and senior care litigation, such as falls, medication errors, bedsores, and medical malpractice. In the recent unreported per curiam opinion of Evanston Insurance Company v. Agape Senior Primary Care, Inc., the United States Court of Appeals for the Fourth Circuit was asked to…