The most recent available data from the National Highway Traffic Safety Administration (NHTSA) shows that pedestrian deaths in automobile accidents rose approximately 10 percent between 2010 and 2012. South Carolina is consistently ranked in the top five most dangerous states for pedestrians, and trends suggest that things may get worse before they improve. If you have been hit by a car or truck, it is sadly not uncommon, but that does mean that the courts know what to look for when a suit of this nature is brought.
When someone brings a civil lawsuit, especially in personal injury, they are seeking monetary damages. They may also be seeking an injunction, which is an order compelling someone to either continue or stop doing something, but monetary damages are the primary method of redressing civil wrongs. However, in many states, damage caps have been enacted on certain categories, and there is a lot of misinformation about which categories these caps apply to, as well as how they are determined.
If you are injured on the job, you have the right to file for workers’ compensation. However, some employers will see your injury as a reason to act against you – to cut your hours, benefits, or even terminate you entirely. While retaliation is unlawful in many instances, sometimes it is not illegal – merely unethical. It is important to understand which is which.
Like any other person offering a product or service, doctors can be sued if their care is below the appropriate standard, especially when related to surgery. Medical malpractice is an area of personal injury law that has some specific legal hurdles to overcome before compensation may become available to you, but it is most certainly possible to hold a doctor liable for harm done to you or your loved one.
Premises liability is a complex area of law that can sometimes result in long, drawn out court cases. In theory, the least difficult area of premises liability is the issue of duties owed to trespassers. However, if that trespasser is a child, a case may grow even more tangled. It is imperative that you understand the ins and outs of the law, to ensure that your child receives any compensation that they are due.
Some personal injury cases are fairly simple, “open and shut” cases. However, some require further investigation, and some may even need the testimony or evidence of an expert in order to parse exactly what occurred during a specific accident. This is where expert witnesses usually come in. Not everyone is aware of the expert’s role in personal injury cases, though, and it is best to fully understand what an expert can and cannot do before proceeding.
Sometimes, people working on the clock do make mistakes. A negligent omission, or an improper turn of the wheel of a car can mean an accident, and cause harm to someone else. An employee may not be able to afford a judgment assessed against them – but an employer usually can. In South Carolina, as in many other states, there exists a doctrine called vicarious liability, which – if applicable – is used to hold employers liable for the torts of their employees. It can take a knowledgeable attorney to know when this is applicable and how to proceed.
South Carolina is a state full of animals and animal lovers, but sometimes, animals can get out of control. If your pet causes harm to someone, you may wind up being liable for that person’s injuries, and your pet may face even worse consequences. It is in your best interest to learn the laws your pet is subject to, so you can safeguard them – and your wallet – in the future.
“Acts of God”, also referred to as “force majeure,” as defined in the legal profession are events that essentially have no causation beyond what occurs in nature, such as a tree being hit by lightning and falling over. Since these events have no causation, it is not possible to hold anyone liable for their happening most of the time. However, it is still important to understand what one is and is not, because ruling an event to be an ‘act of God’ can make the difference between obtaining compensation and being out of luck.
Automobile accidents on South Carolina roads happen too often for most people’s liking. However, if you are unfortunate enough to be involved in an accident with an underinsured or uninsured motorist, the experience can be even more complex and draining. Understanding South Carolina’s insurance laws can help you avoid being the uninsured motorist one day, and can help educate you on your options if you are hit by one.