Timeliness is important in any injury case, be it a negligence action or a work injury case. In addition to the statute of limitations for filing a claim in a court of law, there may be a requirement to give formal notice in some situations. For instance, giving notice of…
Most workers in South Carolina are entitled to receive workers’ compensation benefits if they are injured in an accident arising out of and in the course of their employment. These benefits include not only necessary medical treatment but also partial reimbursement for lost wages while a worker is temporarily unable…
When a particular product is unreasonably dangerous or defective, a person who is injured thereby has a legal right to file a product liability lawsuit against the manufacturer, wholesaler, seller, or others in the product’s chain of distribution. Possible damages in such a lawsuit include medical expenses, lost wages, pain…
Building a case of negligence against a person or business that one believes caused an accident (such as a car wreck or a slip and fall at a restaurant) is a multi-step process. The first step is establishing that the party from whom the plaintiff seeks to recover money damages owed…
Everyone who drives an automobile should have liability insurance to pay medical expenses, lost wages, and pain and suffering to a passenger, motorist, or pedestrian who is injured as a result of the driver’s own negligence. Otherwise, any judgment in a negligence lawsuit brought against the driver could be collected…
Several months ago, we told you about a federal court of appeals’ decision in a case in which a medical malpractice insurance company sought a declaratory judgment as to its responsibility to cover certain acts of malpractice after it was discovered that a fake nursing home “doctor” had illegally assumed…
Since our office regularly represents people who have been seriously injured in a car accident or lost a loved one in a fatal motor vehicle collision, we are well aware of the tragic frequency at which automobile crashes happen on the highways of South Carolina. Still, it is with great concern…
Civil claims not asserted in a timely fashion face dismissal on procedural grounds, regardless of the merits of the underlying complaint. The time period that a claimant has to assert his or her rights varies from case to case, depending upon the state in which the claim arose and the…
Those who own and operate places of business have a duty to keep their premises reasonably safe for customers and other business invitees. This includes the duty to protect guests from criminal activity in some situations. However, the burden is on the injured person to prove that the property owner acted negligently.…
Nursing home owners do not like jury trials. In fact, the idea of a jury comprised of everyday men and women determining whether a nursing home neglected a patient and, if so, awarding damages to a patient or the patient’s family is so distasteful to many nursing home owners that they require…