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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 duty, that the plaintiff was harmed, and that there was a link of proximate causation between the breach of duty and the injuries.

If any of the elements is missing, the plaintiff cannot recover money damages against the defendant. Sometimes, disputes arise regarding the admissibility of evidence that the plaintiff proposes to submit on one or more of these issues. When this happens, it is up to the trial court to determine the admissibility of the evidence. If the opposing party so desires, he or she has the option of appealing the trial court’s ruling.

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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 lawsuits are so commonplace as to barely raise an eyebrow these days. While such litigation cannot undo the harm that was done, sizable settlements and jury verdicts can send a powerful message – a message that may result in better care for those in such facilities in the future.

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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 that fit the very narrow exceptions set forth by statute and case law will survive a late-filed complaint.

Another important deadline to note is the statute of repose. While the statute of limitations gives an injured person a certain amount of time to seek legal relief following the discovery of an act of malpractice, the statute of repose puts a limit on the time that a plaintiff has to file suit after the actual act of negligence, regardless of when the plaintiff discovered the mistake.

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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 South Carolina law – before the running of the statute of limitations (and statute of repose).

Given the frequency with which businesses change hands nowadays, this can be a difficult task. Products made in other countries can present additional issues.

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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 dismissal of the claim against the responsible party. Unfortunately, this is true even when the plaintiff is badly hurt and when the defendant would otherwise be held liable. It simply cannot be overstated:  time is of the essence in legal matters.

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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 coverage can also apply in other situations, including an occasion in which the claimant is struck by another vehicle while walking as a pedestrian.

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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 verdict. Of course, the majority of cases are ultimately settled out of court (and many others are settled without formal litigation ever having been filed). But what happens when a settlement agreement is not honored? What recourse does someone have when they don’t get the benefit of the bargain into which they entered?

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In a recent case, the plaintiff originally filed suit against the defendant back in 1998. Although the court’s opinion did not disclose the exact nature of the dispute between the parties, the dispute was apparently settled through some type of mediation that occurred in 2002. As part of the settlement, the defendant signed a “confession of judgment” in the amount of $350,000 plus post-judgment interest. In exchange, the plaintiff released all of his claims and dismissed his case with prejudice.

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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 the crash.

However, many cases are not so simple, and sorting out how who is liable and whose insurance company must pay for which damages can be a complex endeavor indeed. For example, what happens when a car accident injures someone who is on the job? Who is responsible for the injured person’s medical expenses – the workers’ compensation carrier or the injured person’s personal injury protection automobile accident insurer?

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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 certain action in a timely fashion can be costly.

Of course, a trial court judge’s ruling on such matters is subject to review by the court of appeals in most instances. The appropriateness of a judge’s decision to exclude certain evidence based on a procedural failing is something that must be decided on a case-by-case basis.

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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 requirements placed on them under the law. Fortunately, a person who is hurt at work while on the job with an uninsured employer does have a potential remedy – the uninsured employers’ fund. (The employer does not get off scot-free, of course, but working out the details of how the employer ultimately reimburses the fund is a matter that typically does not require the injured employee’s involvement.)

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