Automobile Accidents
The Importance of Auto Liability Insurance
Most people realize that anyone who negligently causes a wreck can be held accountable for his wrongdoing. This is why automobile liability insurance is essential for the protection of everyone who drives. Automobile liability insurance is used to compensate the victim for his or her losses. The insurance also protects the person who caused the accident.

But what happens if the losses incurred in the wreck exceed the liability insurance coverage? For example, what happens if the wrongdoer has no insurance ....or minimum limits of $15,000 per person and a total of $30,000 per accident and the victim is profoundly injured, suffering a condition or conditions such as permanent brain injury or the loss of a limb? How does the victim receive fair compensation for his loss?

Uninsured and Underinsured Insurance
To protect themselves against losses which exceed available liability coverage, many people purchase uninsured and underinsured insurance. Available to every driver in South Carolina, it is insurance which will compensate an injured party when there is insufficient liability coverage to provide adequate compensation.

Defective Products
Every year hundreds of thousands of Americans are injured due to dangerous and defective products. See "Products Liability" for more information on related claims.

Medical Malpractice
Each year hundreds of thousands of people are injured in this country due to the carelessness of medical personnel. This type of injury is compensable under the law. See "Medical Malpractice" for more information on related claims.

Dangerous Premises
One of the leading causes of injury and death in this country by accidental means involves premises which are defective or dangerous in some way. Commercial establishments have an obligation to maintain their premises in a safe condition. The law requires that a commercial establishment inspect their premises for defects and dangerous conditions. The law also requires that if a dangerous condition is detected, a commercial establishment has an obligation to cure that defect and remove the danger.

If the defect cannot be cured or the danger cannot be removed immediately, then the commercial establishment has an obligation to guard its customers from the location of the dangerous condition. If the condition cannot be cured and cannot be guarded against, then the law requires the commercial establishment to warn against a condition. The warning must be meaningful in that it must apprise the customer of the nature of the danger and the location of the danger and how the danger may be avoided. Merely warning of a dangerous condition which can be removed or guarded against does not relieve the commercial enterprise from liability for injuries caused by defective premises.

Toxic Exposure
Toxic exposure to carcinogens and other chemicals which are known to cause illness in humans is a personal injury for which the law allows compensation. Recovery in these cases depends on the nature of the toxic agent, the degree and length of exposure, and the probable link between the exposure and the illness.

Workplace Injury/Third Party Lawsuits
When a worker is injured by a negligent third party while performing his job, his right to recover fair compensation is not limited to workers compensation benefits. (See "Worker's Compensation Law" for an explanation of those benefits.)

While workers’ compensation benefits are limited and do not provide compensation for many kinds of losses, other civil remedies may be available where someone other than one's employer has negligently caused the injury. This is known as a third party lawsuit and a civil court claim may exist for such an injury.

For example, if a person was making a delivery as a part of his job and an eighteen wheel truck owned and operated by someone other than his employer ran a red light and injured the worker in the ensuing crash, a civil claim against the driver of the truck exists. Other examples of third party lawsuits include injuries caused by defectively designed or manufactured machines or products, dangerous conditions of land or premises, and toxic chemical exposure.