Although there are limitations and certain disadvantages to a workers’ compensation case as opposed to a more traditional negligence lawsuit, there are some pluses. Among these is the opportunity to reopen one’s case if there is a change in one’s physical condition. In other injury cases, such as those arising…
When an employee is hurt or becomes ill as a result of his or her employment, the employee may pursue workers’ compensation benefits such as medical care, temporary total disability payments, and permanent total disability benefits. In cases in which an employee dies as a result of his or her employment,…
Personal injury lawsuits and workers’ compensation claims must be timely filed, or else they will be dismissed unless they meet the very narrow criteria of an exception to the general rule. The statutes of limitations that control the filing deadlines for injury and wrongful death lawsuits exist to encourage plaintiffs to…
Historically, in South Carolina , there was no common law cause of action holding restaurants and bars responsible for injuries by drunk drivers who consumed alcohol at their establishments. In numerous states, dram shop acts were legislated which provided remedies to those injured by drunk drivers who were over served…
Product liability cases can involve many different theories of liability. Typically, the issues in the case are narrowed during the litigation process, with only some claims actually being tried. It is therefore crucially important for a trial court to properly instruct the jury on the issues presented at trial. In…
While it may be hard to believe, there is one death a day in our country from high speed police chases. Many times the vehicles travel at more than 100 miles per hour. According to USA Today, more than 5000 bystanders and passengers have been killed in police car chases…
Negligence and personal injury lawsuits can arise in a variety of circumstances, including an accident in a home. Regardless of the location of the accident, the statute of limitations for injury cases must still be complied with. In the case of McAlhany v. Carter, the plaintiff brought suit in the…
Yet another verdict for the male users of Risperdal as a Philadelphia jury ordered the drug manufacturer, Johnson and Johnson to pay twenty-one (21) year old Nicholas Murray 1.75 Million Dollars. Murray alleged that the use of Risperdal caused him to develop large breasts. Murray had alleged that Janssen Pharmaceuticals,…
It is unsettlingly common these days to hear of a large recall of cars, trucks, or SUVs, often as part of a settlement agreement between the manufacturer of the vehicles and the federal government as a result of findings that certain product defects have resulted in numerous injuries and deaths.…
The right to a jury trial is very important to our civil justice system. That said, jury trials can be complex and lengthy because of all of the procedural safeguards that are in place to make sure that the jury, presumably made up of laymen, considers only admissible evidence and is…