Traywick Legal Blog
Traywick Law's analysis of South Carolina legal issues involving personal injury, consumer protection, credit reporting, debt collection, expungement, and civil claims — by Charleston attorney David P. Traywick.
Trial vs. Settlement in South Carolina Personal Injury Cases: How the Decision Is Made
The vast majority of South Carolina personal injury cases settle before trial — but the decision to settle or litigate is never automatic. Understanding what dr…
Social Media and South Carolina Personal Injury Cases: What You Post Can and Will Be Used Against You
South Carolina courts have allowed discovery of personal injury plaintiffs' social media content. Posts, photographs, check-ins, and activity updates that appea…
Settling a Personal Injury Claim for a Minor in South Carolina: Court Approval Requirements Explained
When a child is injured in South Carolina, any settlement of their personal injury claim must be approved by a circuit court judge — a requirement that protects…
Negligent Security Claims in South Carolina: When a Business Is Liable for an Attack on Its Property
When someone is assaulted, robbed, or otherwise attacked on business property, the business may share liability under South Carolina's negligent security doctri…
Appealing a South Carolina Workers' Compensation Decision: What Charleston Workers Need to Know
South Carolina workers' compensation decisions by a single commissioner can be appealed through a multi-stage process — to the Full Commission, the Court of App…
South Carolina's Motorcycle Helmet Law and Its Impact on Personal Injury Claims
South Carolina allows riders 21 and older to ride without a helmet. But choosing not to wear one has real consequences in a personal injury lawsuit — insurers a…
Health Insurance Liens and Subrogation in South Carolina: What Happens to Your Settlement After You Win
When your health insurer or Medicare pays your medical bills after an accident, they often have the right to be repaid from your personal injury settlement. Und…
Are Personal Injury Settlements Taxable in South Carolina? What Charleston Plaintiffs Need to Know
Most personal injury settlement proceeds are excluded from federal gross income under 26 U.S.C. § 104(a)(2). But the exclusion has important limits — punitive d…
Independent Contractor vs. Employee: How the Classification Affects South Carolina Injury Claims
South Carolina's distinction between employees and independent contractors has major consequences for injury victims. Employers routinely argue a worker was an …
How South Carolina Courts Calculate Wrongful Death Damages: A Plaintiff's Guide
Wrongful death damages in South Carolina are not simply the deceased's lost earnings. Courts allow recovery for loss of companionship, mental anguish, survival …
Discovery in South Carolina Personal Injury Litigation: What Both Sides Are Looking For and Why It Matters
The discovery phase of a South Carolina personal injury lawsuit is where cases are won and lost long before trial. Understanding what each side is seeking — and…
The Open and Obvious Doctrine in South Carolina Premises Liability: Not the Get-Out-of-Jail Card Defendants Think It Is
Insurance adjusters and defense attorneys routinely invoke the 'open and obvious' doctrine to deny slip-and-fall and premises liability claims. South Carolina l…
Expert Witnesses in South Carolina Personal Injury Cases: Who You Need and Why They Decide the Outcome
South Carolina personal injury cases routinely turn on expert testimony — accident reconstructionists, treating physicians, life care planners, and vocational e…
Product Liability Design Defect Claims in South Carolina: The Risk-Utility Test After Branham
South Carolina adopted the risk-utility test for design defect product liability claims in Branham v. Ford Motor Co. A plaintiff must now prove a reasonable alt…
Suing the Government in South Carolina: How the Tort Claims Act Limits — and Allows — Injury Claims Against Public Entities
When a South Carolina government entity — SCDOT, a city, a county, or a state agency — causes an injury, the Tort Claims Act governs the claim. The rules are st…
Negligent Entrustment in South Carolina: When a Vehicle Owner Is Liable for Another Driver's Crash
South Carolina's negligent entrustment doctrine holds vehicle owners liable when they knowingly allow an incompetent, unlicensed, or impaired driver to use thei…
Dram Shop Liability in South Carolina: Can a Bar or Restaurant Be Held Responsible for a Drunk Driving Crash?
South Carolina does not have a traditional dram shop statute, but common law negligence claims against alcohol vendors who serve visibly intoxicated patrons hav…
Federal Trucking Regulations and South Carolina Accident Liability: What the FMCSA Rules Mean for Charleston Plaintiffs
Federal Motor Carrier Safety Administration regulations create a detailed web of duties for commercial trucking companies. Violations of those regulations — hou…
Uninsured and Underinsured Motorist Coverage in South Carolina: How It Works When the At-Fault Driver Can't Pay
South Carolina requires all auto policies to include UM/UIM coverage. When the at-fault driver has no insurance or not enough, this coverage becomes the injured…
Punitive Damages in South Carolina Personal Injury Cases: When They Apply and How They Are Proved
South Carolina allows punitive damages when a defendant's conduct is willful, wanton, or reckless. For Charleston injury plaintiffs, understanding when these da…
How Prior South Carolina Appellate Decisions Shape Today's Charleston Injury Claims
Old appellate decisions decide modern injury cases. Here is how South Carolina precedent affects Charleston plaintiffs every day.
South Carolina's Statute of Limitations for Personal Injury: The Three-Year Clock
South Carolina personal injury claims must generally be filed within three years. Here are the rules, exceptions, and traps for Charleston plaintiffs.
Preserving Evidence After a Charleston Injury: What to Do in the First 72 Hours
The strongest South Carolina injury cases are built on evidence captured early. Here is what to preserve in the first three days.
Insurance Bad Faith in South Carolina: When Your Own Insurer Becomes the Adversary
South Carolina recognizes both first-party and third-party bad faith claims against insurers. Here is how Charleston policyholders push back.
Foreclosure Defense in South Carolina: What Charleston Homeowners Need to Know
South Carolina is a judicial foreclosure state. Charleston homeowners have real defenses and procedural rights at every step.
Credit Reporting Errors and the FCRA: Your Rights as a Charleston Consumer
Errors on your credit report can cost you a mortgage, a job, or an apartment. The FCRA gives Charleston consumers tools to fix the problem.
Debt Collection Harassment and the FDCPA: What Charleston Consumers Can Do
Aggressive debt collectors violate federal law every day. Here is what the FDCPA forbids and how Charleston consumers fight back.
Construction Injury Claims in South Carolina: Workers' Comp Plus Third-Party Recovery
Charleston's construction boom means more injuries on job sites. Here is how injured workers combine workers' comp with third-party claims.
Boating Accident Liability in South Carolina: Lowcountry Waters, Real Risks
Charleston Harbor, Shem Creek, and the ICW see thousands of boaters every weekend. Here is how South Carolina law handles boating accident liability.
Hurt on the Job in South Carolina? Workers' Comp and Third-Party Injury Claims
South Carolina workers hurt on the job often have two claims: workers' compensation and a separate third-party injury suit. Here is the difference.
South Carolina Medical Malpractice Deadlines: Statute of Limitations and the NIA Process
South Carolina medical malpractice cases involve strict deadlines, an expert affidavit, and a Notice of Intent. Here is how the timeline works.
Premises Liability in South Carolina: What Property Owners in Charleston Owe Visitors
South Carolina's premises liability law sorts visitors into categories with different protection. Here is what Charleston property owners owe each one.
Slip and Fall Liability in South Carolina: What Charleston Visitors and Customers Need to Know
Slip and fall claims in South Carolina turn on notice. Here is how Charleston courts evaluate liability for falls in stores, restaurants, and rental properties.
Comparative Negligence in South Carolina: How Shared Fault Affects Your Injury Claim
South Carolina follows modified comparative negligence (the 51% bar). We break down what that means for Charleston injury claims when you share blame.
Who Pays After a South Carolina Car Accident? Liability Basics for Charleston Drivers
South Carolina is a fault-based state. We explain how liability is determined after a Charleston car accident and what evidence drives the outcome.
Legal Blog: Lessons from Eric Bledsoe v. Grady Perry, Warden
Eric Bledsoe's habeas corpus petition was dismissed due to his late appeal filing, and the Court of Criminal Appeals of Tennessee upheld the dismissal, finding …
Legal Blog: Lessons from Town of Sullivan's Island v. Nathan Bluestein
The South Carolina Court of Appeals held that a settlement agreement between property owners and the Town of Sullivan's Island was invalid because it improperly…
Traywick's Legal Blog: Lessons from State v. Caldwell
In *State v. Caldwell*, the South Carolina Supreme Court held that expungement is available for first-offense youthful offender convictions under SC Code § 22-5…
Traywick's Legal Blog: Lessons from Barnwell v. Palmetto Contractors Group LLC
In *Barnwell v. Palmetto Contractors Group LLC*, the South Carolina Court of Appeals addressed whether Palmetto Contractors was liable for construction defects,…
Traywick's Legal Blog: Lessons from Owens v. American Express National Bank
In Owens v. American Express National Bank, the plaintiff claimed the company reported incorrect credit information after she disputed charges linked to identit…
Traywick's Legal Blog: Lessons from Santee Cooper Resort Inc. v. South Carolina Electric & Gas
The South Carolina Supreme Court held that South Carolina Electric & Gas trespassed by installing additional power lines without securing an updated easement, c…
Traywick's Legal Blog: Lessons from Jenkins v. State Farm Mutual Automobile Insurance Co.
In Jenkins v. State Farm Mutual Automobile Insurance Co., the Fourth Circuit held that under South Carolina law, an insurer cannot require an insured to fully l…
Traywick's Legal Blog: Lessons from Rivers v. Pilot Catastrophe Services
In *Rivers v. Pilot Catastrophe Services*, homeowners claimed their insurance adjuster undervalued Hurricane Ian storm damage using flawed software and disregar…
Traywick's Legal Blog: Lessons from Manning v. Hilton Head Plantation POA
In Manning v. Hilton Head Plantation POA, the South Carolina Court of Appeals ruled in favor of a homeowner who challenged the property owners' association's en…
Traywick's Legal Blog: Lessons from Pinckney v. Greenville Memorial Hospital
In *Pinckney v. Greenville Memorial Hospital*, the South Carolina Supreme Court held that the statute of limitations in medical malpractice cases starts when th…
Traywick's Legal Blog: Lessons from State v. McCoy
In *State v. McCoy*, the South Carolina Court of Appeals held that when a conviction is reduced from possession with intent to distribute to simple possession t…
Traywick's Legal Blog: Lessons from Hilton Head Realty Partners v. Coastal Bank
In *Hilton Head Realty Partners v. Coastal Bank*, the Fourth Circuit addressed whether a bank acted unreasonably and violated the covenant of good faith and fai…
Traywick's Legal Blog: Lessons from Drayton v. City of Charleston
In *Drayton v. City of Charleston*, the South Carolina Supreme Court ruled that the city could be sued after a traffic signal fell onto the plaintiff's vehicle …
Traywick's Legal Blog: Lessons from Hall v. Lumber Liquidators Inc.
In *Hall v. Lumber Liquidators Inc.*, the plaintiffs alleged that the company sold laminate flooring with formaldehyde emissions above California Air Resources …
Traywick's Legal Blog: Lessons from Priester v. Riverview Development Corp.
In *Priester v. Riverview Development Corp.*, the South Carolina Court of Appeals held that the developer was obligated under the SC Planned Community Act to co…
Traywick's Legal Blog: Lessons from Watkins v. Portfolio Recovery Associates
In *Watkins v. Portfolio Recovery Associates*, the Fourth Circuit ruled that a debt collection letter was misleading under the Fair Debt Collection Practices Ac…
Traywick's Legal Blog: Lessons from Simmons v. Regional Medical Center of Orangeburg
In *Simmons v. Regional Medical Center of Orangeburg*, the South Carolina Supreme Court addressed a medical malpractice claim involving a delayed diagnosis of a…
Traywick's Legal Blog: Lessons from Garner v. BMW of North America LLC
In Garner v. BMW of North America LLC, the plaintiff claimed her vehicle was defective and could not be fixed after multiple repair attempts. The court applied …
Traywick's Legal Blog: Lessons from Charleston Waterfront LLC v. Harborview Contractors
In *Charleston Waterfront LLC v. Harborview Contractors*, the South Carolina Court of Appeals addressed a developer's claims against a contractor for constructi…
Traywick's Legal Blog: Lessons from Mack v. Burke
In *Mack v. Burke*, the South Carolina Court of Appeals addressed a boundary line dispute where the plaintiff claimed ownership of a strip of land through adver…
Traywick's Legal Blog: Lessons from Thomas v. Nationwide Mutual Insurance Co.
In *Thomas v. Nationwide Mutual Insurance Co.*, the Fourth Circuit held that under South Carolina law, corroborating evidence from a bystander was sufficient to…
Traywick's Legal Blog: Lessons from State v. Belcher
In *State v. Belcher*, the South Carolina Supreme Court ruled that the statutory waiting period for expunging a first-offense drug possession conviction begins …
Traywick's Legal Blog: Lessons from Funderburg v. Fowler Construction Inc.
In *Funderburg v. Fowler Construction Inc.*, the South Carolina Court of Appeals reversed summary judgment for the contractor, holding that homeowners could pur…
Traywick's Legal Blog: Lessons from Midland Funding LLC v. Johnson
In Midland Funding LLC v. Johnson, the Supreme Court ruled that filing a proof of claim in bankruptcy for a time-barred debt does not inherently violate the Fai…
Traywick's Legal Blog: Lessons from Hutto v. Firestone Tire & Rubber Co.
In *Hutto v. Firestone Tire & Rubber Co.*, the South Carolina Supreme Court addressed a products liability claim involving a tire tread separation that caused a…
Traywick's Legal Blog: Lessons from Roper v. Tractor Supply Co.
In *Roper v. Tractor Supply Co.*, the plaintiff sued for negligence after slipping on a wet floor near the store entrance during a rainstorm. The court denied t…
Traywick's Legal Blog: Lessons from Lackey v. Green Tree Financial Corp.
In *Lackey v. Green Tree Financial Corp.*, the South Carolina Court of Appeals held that the plaintiff validly exercised their right to rescind a home mortgage …
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