Proving a case of negligence in a South Carolina car accident case is a four-step process. In order for the defendant to be held liable, the plaintiff must prove, by a preponderance of the evidence, that the defendant owed the plaintiff a duty of care, that the defendant breached that…
Those who are confined to nursing homes and other long-term care facilities are extremely vulnerable. While it would be nice to believe that these individuals are given the care and treatment that they need and deserve, this is not always so. Unfortunately, South Carolina nursing home negligence and medical malpractice…
Although there are several deadlines that may apply in South Carolina medical malpractice lawsuits, one of the most important is the statute of limitations. Claims not filed within the limitations period are usually dismissed, regardless of the merits of the plaintiff’s case. While there are a few exceptions, only cases…
South Carolina product liability lawsuits can be complicated. Not only must the plaintiff prove the elements of negligence, strict liability, or another legal theory of liability, but he or she must also track down the manufacturer, seller, or another party that can be held responsible for the plaintiff’s injuries under…
When someone is hurt at work, he or she has the right to seek workers’ compensation benefits pursuant to South Carolina law. However, there are time limits on the filing of such a claim. Failing to assert one’s legal rights within the time allowed by law can result in the…
There are many scenarios through which a claim for uninsured or underinsured motorist (UM/UIM) insurance benefits may arise. Typically, such a claim happens as a result of a South Carolina car accident in which the negligent driver either had no insurance at all or had only minimum coverage. However, UM…
When a South Carolina personal injury lawsuit is filed, it can be resolved in several different ways. The plaintiff’s claim may be dismissed – either voluntarily, or by the court – thus ending the litigation. The matter may proceed to trial, and a judge may enter judgment upon a jury’s…
Sometimes, a personal injury or wrongful death case involves only two parties and one theory of liability. For example, when one motorist’s negligence harms another driver in a South Carolina car accident, the injured driver may only need to file a simple negligence claim against the careless motorist who caused…
Trying a lawsuit, such as a South Carolina premises liability case, in front of a jury requires close attention to not only the state’s rules of civil procedure but also a particular judge’s local rules and even the scheduling orders in a particular case. A mistake or failure to take…
Under South Carolina workers’ compensation law, employers are supposed to purchase and maintain a policy of workers’ compensation insurance to cover their employees, in case an accident or illness should happen on the job. Of course, just as people break other rules in life, not every employer complies with the…