South Carolina medical malpractice cases can arise in a number of contexts, including not only obvious mistakes, such as leaving an instrument inside a patient’s body or surgically removing the wrong organ, but also more complicated situations, such as a failure to make a timely diagnosis of lung cancer. While…
Notice can be an important issue in a case involving injuries or wrongful death. While sometimes the simple act of filing a claim within the statute of limitations is all that is required, there are some kinds of cases in which other, earlier action is required. South Carolina workers’ compensation…
In a South Carolina personal injury case, the plaintiff must be able to prove negligence in order to recover damages. This requires proof of four distinct elements: duty of care, breach of duty, actual/proximate causation, and damages. In negligence cases, the jury typically resolves factual issues, but the trial court…
Spartanburg and Greenville workers’ compensation cases are sometimes met with much resistance from the employers of those who are injured, as well as from their insurance companies. This is unfortunate because, very often, workers’ compensation is the injured worker’s only means of obtaining much-needed medical care and temporary disability benefits.…
Those who have been hurt at work have certain legal rights, including the right to seek certain benefits like medical care and temporary disability payments from their employer (or the employer’s workers’ compensation insurance carrier). Although the compensation available in a South Carolina workers’ compensation case is typically less than…
When someone is a victim of medical malpractice, he or she may incur substantial medical expenses because of his or her injuries. When the injured person is a minor child, it is usually the parent who bears the financial responsibility for those expenses. The state’s highest court entertained a South…
A difference of just 2% might not sound like much, but it can make a huge difference in deciding how much an injured worker will receive under South Carolina’s scheduled-member workers’ compensation statute. This is because a worker who has suffered 50% of more loss of use of his or…
Product liability claims can involve multiple theories of liability by the plaintiff – and also a variety of possible defenses by the manufacturer, wholesaler, or seller against which the plaintiff’s claims are made. Recently, the state’s highest court was asked by a federal district court to answer certain certified questions of…
Suppose that three people are involved in an automobile accident, and the parties agree that one of the three was completely faultless with regard to the cause of the crash. How should the issue of fault be resolved between the remaining two drivers? What if the innocent party settles his negligence…
When members of the general public think about lawsuits in which a person has been injured or killed due to another party’s negligence (such as a South Carolina premises liability case), they may envision the case going to trial and a jury deciding whether the defendant was negligent and, if…