Under South Carolina workers’ compensation law, a person who is hurt at work may be entitled to payment of certain benefits. These include medical care, temporary total disability, and permanent partial disability in many cases. If an employee disagrees with his or her award, there are steps that can be…
South Carolina Personal Injury Law Blog
Federal Court in South Carolina Grants Summary Judgment to Grocery Store in Slip and Fall Case
In a South Carolina premises liability case, it is the plaintiff’s burden to prove that a dangerous condition on another’s property caused injury to him or her. The plaintiff must also prove that the defendant either directly caused the condition or that, in the exercise of due diligence, the defendant…
South Carolina Appellate Court Holds That Automobile Liability Insurer Owes No Coverage for Infant Child’s Death from Complications of Hypothermia After Being Left in Father’s Truck
A successful legal claim following a serious personal injury or loved one’s wrongful death requires several steps. First and foremost in any South Carolina personal injury lawsuit, the party seeking to recover money damages for another’s failure to act in a reasonably prudent manner must be able to prove that…
South Carolina Supreme Court Says that PIP Cannot Be Offset by Workers’ Compensation Benefits
In many South Carolina car accident cases, there is only one real issue: the amount of damages to which the injured party is entitled to receive from the at-fault defendant’s motor vehicle liability insurer. Sometimes, however, there are other issues, such as how the payment of benefits under other insurance…
South Carolina Supreme Court Holds that Insurance Company Had No Duty to Offer UIM Coverage Despite Modifications to Motorcycle Accident Policy
In an ideal world, every consumer would have a thorough understanding of the many different types of car, truck, and motorcycle insurance that may be available to them and be able to make an informed decision about coverage. Unfortunately, it sometimes takes a South Carolina motor vehicle accident to make…
South Carolina Court of Appeals Says Workers’ Compensation Appellate Panel Should Have Made More Detailed Findings On Issue of Whether Alleged “Dependent” Was Entitled to Death Benefits
Usually, the claimant in a South Carolina workers’ compensation case is a worker who was injured on the job. The “injury” may be a result of an accident, repetitive or cumulative trauma, or even a work-related illness. When a worker dies as a result of an accident for which he…
South Carolina Court Holds that Bigamous “Husband” Could Not Share in Wrongful Death Settlement Proceeds
Most South Carolina wrongful death cases focus on whether the defendant is liable for the death of the plaintiff’s loved ones, but some cases have a different issue – such as the question of who is entitled to share in the proceeds of a settlement entered in the case by…
South Carolina Supreme Court Says Notice Issue in a Workers’ Compensation Appeal Should Be Reviewed Under “Substantial Evidence” Standard
If you have been hurt in a work-related accident, you may be putting off the formal filing of your South Carolina workers’ compensation claim, hoping your employer will “do the right thing” or that your injury will improve on its own. It is very important that you take action to…
Trial Court Should Have Reviewed Documents Related to Settling Defendant’s Agreement in Order to Determine Set Off, According to South Carolina Court of Appeals
In a South Carolina personal injury lawsuit, it is not unusual for several individuals, businesses, or governmental entities to be named as defendants. By the time the trial rolls around, however, there may be significantly fewer defendants – perhaps, only one. The reasons for this are numerous. Some defendants may…
South Carolina Court of Appeals Affirms Denial of Motion to Compel Arbitration in Lawsuit by Representative of Deceased Rehabilitation Facility Patient
In recent years, there has been a trend toward alternative dispute resolution, such as arbitration, in some kinds of cases, including South Carolina nursing home abuse cases. It is important to note that the reason for this trend is not because injured individuals or the families of those who have…