South Carolina Personal Injury Lawyer
South Carolina Personal Injury Lawyer
At the Louthian Law Firm, our South Carolina personal injury attorneys represent clients who are the victims of any kind of accident that was the direct result of another person’s wrongful act.
Most of us don’t attach any special significance to the phrase, “personal injury.” But when it’s used in the legal sense, “personal injury” takes on a specific meaning, describing an injury caused by the negligence or carelessness of another person or a business.
Personal injury law deals with the definition of what constitutes a wrongful act and with the legal remedies available to the wronged party. Because the wrongful act leads to legal liability, a South Carolina personal injury suit can be brought. These civil suits are also known as tort actions and do not involve the government prosecuting the person at fault. This is in contrast to criminal law, where the government is the prosecutor.
Damages and Compensation in a South Carolina Personal Injury Case
Compensation, often called damages, is collected when you win a personal injury case. Damages can include medical expenses, rehabilitation expenses, repair bills, lost wages, and other financial losses. Compensation can also be sought for pain and suffering or for the loss of comfort, care and companionship of a loved one.
The Louthian Law Firm has been obtaining favorable personal injury verdicts and settlements for hardworking people across South Carolina since 1959, including these results:
- $1,000,000 settlement of a South Carolina personal injury claim.
- $800,000 settlement of an automobile accident claim.
- $225,000 settlement in a premises liability case.
Each injury claim is different, of course, so we cannot guarantee a particular outcome. However, we can assure you that our South Carolina personal injury lawyers will give you the same level of attention and expertise that we have given to those involved in our most successful cases. Read more about how we have helped previous clients.
Call (803) 454-1200 and we’ll give you a free consultation.
Having a skilled, experienced attorney by your side can ensure you get all the compensation you deserve to cover your medical and other costs, as well as lost wages.
Top 3 Reasons to Hire a South Carolina Personal Injury Lawyer
If you are hurt as the result of someone else’s bad behavior or negligence, you are entitled to file a personal injury claim. Not only can a claim help you move past the incident and find peace, it can help you get your medical bills covered. While you can represent yourself in a claim, your odds of a successful outcome increase when you hire a personal injury attorney.
1. An attorney can give you a realistic evaluation of your case.
Lawyers usually work on contingency, which means they earn nothing unless they get results for their clients. For this reason, personal injury attorneys always listen to potential cases and offer a realistic evaluation before taking the case. Because attorneys understand the law around personal injuries, they can explain your case, its merits, and offer a detailed explanation of how they can help. It costs you nothing to get an evaluation, and you won’t pay until the attorney gets results.
2. A personal injury attorney in SC simplifies the process.
Personal injury lawsuits require evidence to prove that you were injured in the accident. This means eyewitness testimonials, medical records, your personal testimony, and other evidence. Attorneys can approach the case building process with experience, simplifying the evidence gathering process because they know what they need and who to talk to. Your attorney will also focus the claim on your best outcome, guided by their experience.
When you are injured, you should focus your attention on recovery, not gathering evidence to support your case. Leave the hard work to your attorney and focus your energies on getting well.
3. Hiring a South Carolina personal injury attorney will save you time.
A lawyer will also negotiate with the other side, including with insurance companies which may be pressuring you to settle out of court. Not only is this work significantly stressful for you to do on your own, it’s time-consuming. Remember, your focus should be on rest and recovery, not fighting a lawsuit.
An attorney can speak the same language as lawyers and insurers, whether it’s negotiating a fair settlement or pursuing a lawsuit. Let your attorney talk to these parties, then summarize what’s happened for you in clear language instead of legal or medical jargon. Your attorney also knows how to quickly obtain police records, medical records, and other information, which can be time-consuming. Ask yourself if you want to make phone calls and be put on hold to gather this documentation or leave it to an attorney. Odds are, you’d rather spend that time with loved ones, receiving physical therapy, resting, or getting back to work.
These are the top three benefits you’ll get when you hire a lawyer, but there are many more reasons to bring on an experienced personal injury attorney when you’re initiating a claim. We’ve created a helpful infographic that lists the top 10 reasons to hire a personal injury lawyer and fully explains why this benefits you. From reducing your stress by negotiating with the other side to calling witnesses and experts who can corroborate your story, learn more about the reasons to hire a personal injury attorney here.
Talk to Our Skilled South Carolina Personal Injury Attorneys at The Louthian Law Firm
Keep in mind that there are statutes of limitation – or deadlines – for filing personal injury claims. If you have been injured in an accident or have otherwise incurred a personal injury in South Carolina, don’t delay. Contact our South Carolina personal injury attorneys today so that we can start the journey to justice right away. The initial consultation is always free.
Call us at (803) 454-1200 or, if you prefer, use our online contact form.
Types of South Carolina Personal Injury Cases We Handle
- Car Accidents and Personal Injury Claims
If you have been involved in a South Carolina car accident that resulted from someone else’s negligence or recklessness, you may have been left with lingering pain and disability, not to mention medical bills. You may have missed time from work or still find yourself unable to earn a living and support your family. And no one can doubt the emotional toll a serious accident can take on its victims. All of these are damages for which you may receive compensation through a South Carolina personal injury lawsuit. Claims for car accidents can be complex because they often include factors such as other drivers, other vehicles, road hazards, weather, and witnesses.
- Other Vehicular Accidents
Accidents resulting from negligence aren’t limited to automobiles. Bicycles, trucks, buses, motorcycles, ATVs, and boats can all be involved in tragic situations where a pleasant day is ruined by someone else’s carelessness. If that is your situation, our personal injury lawyers in South Carolina may be able to help.
- South Carolina Personal Injury Cases Regarding Product Liability
The many products we use can injure us if they have a defective design, defective manufacturing, or do not carry sufficient documentation or warnings. In your case you must demonstrate that the defective product caused the injury; that it was used as intended, and that it was not substantially altered. This category is large and includes almost everything from food to toys to medical devices.
- Prescription Drug Liability Resulting in South Carolina Personal Injury Claims
Not all drugs on the market are necessarily safe or prescribed appropriately. Sometimes, use of a prescription drug can result in serious injury. If you have suffered severe harm with use of a prescription medication, our South Carolina personal injury attorneys may be able to help. The numbers of people injured by drugs reveal a clear danger. The FDA has stated that more than 2 million serious adverse drug reaction reports each year stem from prescription drug use, including 100,000 fatalities. The approval process for drugs is sometimes sped up, resulting in inadequate testing. Drug manufacturers can be held liable for improper labeling, unsafe side effects, inadequate testing, or production defects. The statute of limitations for these lawsuits often starts before you discover the injuries, so time is of the essence when it comes to contacting us.
- Nursing Home Personal Injury Cases
Abuse and neglect in nursing home settings is rampant. When a loved one is injured in the very place that should keep them safe, get help from a personal injury lawyer who can bring a claim against a South Carolina nursing home. It’s important to seek an attorney’s help and pursue legal action. It can not only help your case, but perhaps prevent future harms. Experts estimate that only one in 14 such incidents at nursing homes is ever reported to authorities. If you see signs of abuse or neglect such as wounds and bruises, bedsores, torn clothing, missing items, agitation or withdrawal, poor hygiene, a sudden increase in sedation medication, or complaints about physical or sexual abuse, we may be able to help. Nursing home residents in South Carolina have rights which are protected under the federal Nursing Home Reform Law enacted in 1987 as part of the Social Security Act. Our South Carolina personal injury lawyers will ensure your loved one is fully protected by that law.
- South Carolina Personal Injury Claims in Medical Malpractice Cases
Sick people expect to be helped, not harmed, but sometimes errors resulting from negligence occur. Some examples of medical malpractice include delayed or incorrect diagnosis, birth injuries resulting from improper care of the mother and her child, unnecessary surgery, botched surgery, anesthesia errors, drug prescription errors, and not providing patients with complete information regarding a procedure. The laws related to medical malpractice are complex and can be somewhat different than those related to other kinds of South Carolina personal injuries. We can help you navigate these complexities.
- Personal Injuries in the Workplace
Personal injuries in the workplace can be either one-time injuries or due to repetitive stress. Among one-time accidents, the possibilities for harm are almost limitless, including burns and electric shock, amputations, traumatic brain injury from falls or blows to the head, and exposure to toxins that cause diseases such as mesothelioma. Remember that, although accepting workers’ compensation payments generally means giving up your right to sue your employer, it may not always be the case. If a third party — another company or person who is not your employer — caused your injuries, you may sue that party while you collect workers’ compensation. You may also sue your employer for illegal behavior such as denying a valid workers’ compensation claim or retaliating against you for filing such a claim. And clearly, those whose employers never bought workers’ compensation insurance, denying them a chance to collect payments, may also sue. Because these cases can be complex, a personal injury attorney in South Carolina can be sure you get the compensation you deserve for your injuries.
- Personal Injuries in Slip and Fall Accidents
A slip, trip or fall sounds like it would be much less serious than a car crash. However, many such accidents cause significant and expensive injuries like broken bones and brain injuries. Seniors are especially vulnerable and many die each year as a result of a slip-and-fall accident. Clutter in store aisles, broken pavement, a lack of snow or ice removal, uneven floors and steps, bad lighting, and inadequate or nonexistent handrails can all be grounds for a South Carolina personal injury case if negligence can be proved.
- Injuries on the Properties of Others
Injuries to you and your family members can happen in a number of locations, such as while using parking lots, elevators and escalators, swimming pools, and other recreational locations such as bounce houses. An experienced injury attorney can make clear your legal options in premises liability cases.
Fault and Negligence in a South Carolina Personal Injury Case
In the world of law, personal injury always starts with the question, “Who was at fault?” To pursue a South Carolina personal injury case, the other party must have been at fault in an action that resulted in your injury.
Personal injury law deals with the concept of negligence, defined as one party’s failure to exercise reasonable care, resulting in injury to another. The basics of negligence involve:
- Reasonable care was owed to the injured party (plaintiff) by the defendant.
- The defendant failed to do so—in other words, they breached their duty of care.
- A causal link exists between the defendant’s breach of their duty of care and the injury suffered by the plaintiff.
- The injury caused to the plaintiff was foreseeable—in other words, it was a proximate cause of the defendant’s actions.
- The plaintiff suffered damages as a result.
Feature Article: The Long-Term Effect of Serious Injuries
Maurice Stokes had the potential to be one of the greatest NBA big men of all time. During his college career at St. Francis College, he set an all-time rebounding record that has never been broken. Upon his arrival in the NBA in 1955, he immediately became a dominant force in the league, averaging over 16 rebounds per game and earning the honor of Rookie of the Year.
Stokes continued to be among the league leaders in rebounds, assists and points. His accomplishments set standards that are still impressive; even to this day, he is one of only five players who recorded four consecutive triple-doubles. However, one single incident was to change the course of Maurice Stokes’ life forever… read more
South Carolina Injury Cases Involving Partial Fault and Comparative Negligence
What if you were partially at fault for the accident? In South Carolina, the law also allows for cases to be brought in which the defendant is only partially at fault but is still more than 50 percent at fault. Under South Carolina’s comparative negligence law, you, as the plaintiff, would be entitled to seek damages if you were less than 50 percent at fault. However, the amount you would receive would be reduced according to your share of the liability. In other words, if you shared 30 percent of the blame, the amount of damages you could recover would be reduced by 30 percent.
Client Review About Our South Carolina Personal Injury Attorneys
“I have dealt with the Louthian firm on a wide array of issues including false claims and personal injury. They are among the most honorable, honest and hard working lawyers in the state.” – Bill N.