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’…
South Carolina Personal Injury Law Blog
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…
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…
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.…
South Carolina Supreme Court Considers Insurance Guaranty Association’s Obligations Following Fatal Truck Accident
The amount of insurance coverage available in a South Carolina car accident case is one of the most important considerations in determining the overall value of a claim filed by an injured person or the family of an accident victim. As a practical matter, if there is no insurance, recovery…
South Carolina Appeals Court Agrees that Radio Communications Worker’s Fatal Heart Attack is Compensable for Purposes of Workers’ Compensation
A South Carolina workers’ compensation case can be very challenging. Even though these laws were purportedly put in place to protect employees and their families against financial hardship due to a work-related injury or death, many workers’ compensation insurance companies will fight hard to avoid paying a claim. There are…
Federal Court in South Carolina Dismisses Truck Accident Litigant’s Declaratory Judgment Action for Lack of “Actual Controversy”
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…
Negligence Case Against Insurance Agent Dismissed on Summary Judgment, South Carolina Court of Appeals Affirms
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,…
South Carolina Court Says Seller in Product Liability Claim Was Not Protected by Manufacturer’s Bankruptcy
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,…
Dismissal of Workers’ Compensation Case Affirmed by South Carolina Court of Appeals
In a South Carolina workers’ compensation case, an injured employer has certain obligations that must be complied with before he or she can receive benefits from his or her employer or its insurance company. Among these requirements are a timely reporting of the injury and the filing of certain paperwork…