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Generally speaking, when a person brings a personal injury lawsuit in South Carolina, they typically request compensatory and punitive damages. Compensatory damages are designed to make the claimant whole, and they can be divided into two parts: a) Past and future out-of-pocket expenses such as medical bills, lost wages, property damage, etc.; and b) Past and future pain and suffering (mental anguish, inconvenience, humiliation, etc.). Punitive damages are designed to punish the at-fault party, and they are more difficult to prove. In South Carolina, in order for a plaintiff to recover punitive damages, they must prove (by clear and convincing evidence) that their injuries were the result of the Defendant's wilful, wanton or reckless conduct. Ultimately, at trial, the twelve members of the jury will decide the amount of damages, if any, awarded to the claimant. If you or your family member have been the victim of someone else's negligence, you should speak with legal counsel immediately to determine your/their legal rights. DISCLAIMER: This blog is not legal advice, as each situation is dependent upon the facts and circumstances at hand, and any action should be taken only after consulting with an attorney.

According to a 2016 study performed by John Hopkins Medicine, medical errors are the third leading cause of death in the United States. While that statistic is certainly alarming, it is important to note that not all medical errors result in death. Rather, many times, victims of medical malpractice survive the actual procedure, but they are forced to live with paralysis, brain injury or other lifelong complications. There are a multitude of ways a doctor can mishandle your medical care, but the most common types of medical malpractice usually fall into one of these categories: 1) Failure to diagnose (i.e., a doctor misses an abnormal x-ray or test showing a problematic condition); 2) Improper medication (i.e., a physician gives a pregnant mother the wrong drug which induces premature birth and a brain-damaged baby); 3) Mishandled treatment (i.e., the patient exhibits signs of a medical problem, yet the doctor fails to properly or timely address the issue); or 4) Botched procedure (i.e., the doctor improperly performs a surgery on a patient). In order to properly evaluate a potential medical malpractice case, the attorney will typically have an expert (a doctor who practices in the field at issue) review the applicable medical records to confirm the physician's treatment fell below the standard of care. Additionally, the attorney reviewing the case will evaluate the damages/injuries caused by the doctor's negligence and also consider any potential difficulties proving causation (any claimant must prove the doctor's actions or omissions caused the unwanted result). If you believe there may have been medical malpractice in the care rendered to you or your family member, you should speak with legal counsel immediately to determine your/their legal rights. DISCLAIMER: This blog post is not legal advice, as each situation is dependent upon the facts and circumstances at hand, and any action should be taken only after consulting with an attorney.

The elderly population in the United States is particularly vulnerable to financial abuse by family members, friends and investment advisors. Here are four practical ways to limit financial abuse against our elderly population: 1) DECLARATION OF INCOMPETENCY: If your elderly family member is staying in a nursing home or other similar facility, and you believe they lack the mental capacity to handle their own financial affairs, it is time to speak to legal counsel about the proper way to have them declared mentally incompetent. Once you have the proper documentation demonstrating their incompetency, it is imperative that you provide a copy of this document to the manger of the facility where they are staying (so they have a record your relative is not in a position to be signing financial documents or making other important decisions). 2) REGULAR REVIEW OF FINANCIAL DOCUMENTS: Before your relative starts experiencing dementia or other similar problems, sit down with them and make a list of all of their investment accounts, bank accounts, etc. As those documents arrive in the mail, get your relative's permission to review them regularly for any suspicious transactions. 3) ASK QUESTIONS: When you are visiting your relative, find out if they have had any recent visitors. If someone's name does not ring a bell, follow up and figure out if that person is a legitimate visitor with their best interests in mind. 4) SPEAK WITH LEGAL COUNSEL: If you have done your due diligence but still have questions about the propriety of various financial transactions in your relative's accounts, speak with an attorney who handles financial abuse of the elderly so they can review the documents for financial irregularities. If you or your family member have been the victim of financial abuse, you should contact an attorney immediately to determine your/their legal rights. DISCLAIMER: This blog is not legal advice, as each situation is dependent upon the facts and circumstances at hand, and any action should be taken only after consulting with an attorney.

Typically, when a person hears the words "plaintiff" or "contingency fee," they immediately think of personal injury cases. However, a growing trend for businesses tired of paying corporate lawyers $350/hour is to hire experienced plaintiff's counsel on a contingency fee. After all, corporate defense attorneys spend their days defending cases (not prosecuting them), so having a seasoned plaintiff's attorney in your corner could make a huge difference in the outcome of your case. Simply put, a contingency fee means the lawyer is paid an agreed-upon percentage if money is recovered. In other words, no recovery means no attorney's fees. For corporations, cash is king, so a contingency fee arrangement can be very appealing. Instead of your business shelling out thousands of dollars in unpredictable hourly attorney's fees regardless of the outcome of the case, a contingency fee completely aligns the lawyer's interest with the client's interest. With hourly attorney's fees, the lawyer bills the client for every phone call, strategy meeting and trip to the courthouse, whereas, with a contingency fee structure, the lawyer and the client are in the same boat (they both want to recover as much money as possible). Common examples of business/commercial litigation cases where companies can become plaintiffs and pursue their damages are: Breach of contract; Unpaid accounts/commercial collections; Fraud or misrepresentation; Defamation; Tortious interference with business relations; and Breach of fiduciary duty (i.e., bad financial advice given to the business). If your company has incurred monetary damages, a representative from your business should speak with legal counsel immediately to determine if there are available legal rights. DISCLAIMER: This blog is not legal advice, as each situation is dependent upon the facts and circumstances at hand, and any action should be taken only after consulting with an attorney.

If you are injured by someone else's negligence, and you become a plaintiff in a South Carolina lawsuit, your lawyer will typically: Have you sign a representation agreement (which outlines attorney's fees, etc.); Obtain your signature on a HIPAA authorization (so they can request your medical records/bills); Request all of your medical records/bills from the various providers who treated you; Gather the necessary documentation to prove your lost wages and other out-of-pocket damages; Determine the party who negligently caused your injuries; Send a demand letter to the negligent party requesting a monetary settlement; and Negotiate a settlement with the liability insurance carrier for the responsible party. Ideally, your case settles within 4 to 6 months of retaining legal counsel without having to resort to litigation; however, if the parties cannot reach an agreement, it may be necessary to file a lawsuit. Assuming your case is filed in state court, the following events will usually take place: The lawsuit will be filed with the Clerk of Court, and a copy will be served upon the responsible party; If the responsible party has insurance coverage, they will usually turn it over to their insurance carrier; If the insurance carrier agrees to defend the lawsuit, they hire a lawyer to defend the party sued; Once the lawsuit has been served, each defendant must file and serve their Answer to the lawsuit; After all of the defendants have answered the lawsuit, the parties exchange documents related to the case; Additionally, the parties will respond to written questions about the case posed by the other side; The parties, the witnesses and any experts give their deposition testimony under oath about the case; In most cases, the parties attempt to mediate the case (an informal meeting to resolve the matter); and If the case does not settle, the Court sets the matter for trial within 12 to 24 months of the lawsuit's filing. If you or your family member were injured by someone else's negligence, you should speak with legal counsel immediately to determine your/their legal rights. DISCLAIMER: This blog post is not legal advice, as each situation is dependent upon the facts and circumstances at hand, and any action should be taken only after consulting with an attorney.