Charleston Personal Injury Lawyers

Determining If You Have a Case 

Generally speaking, if you were injured or if someone you love passed away due to the negligent, reckless, or wrongful conduct of another party, you have grounds for a personal injury (or wrongful death) claim. Note that the other party, or the “defendant,” can be another person or some other entity, such as a company or product manufacturer. 

To prove your case, you will likely need to prove each of the following elements: 

• Injury: You will need to establish that you were, in fact, injured in order to have a valid personal injury claim. 
• Duty of Care: You’ll also need to establish that the defendant owed you a “duty of care,” meaning they had a legal responsibility to take and/or avoid certain actions in order to prevent foreseeable harm.
• Breach: You must demonstrate how the defendant violated, or “breached,” the duty of care. Usually, this is done by showing that they acted negligently or wrongfully in some way.
• Damages: To have a valid case, you will also need to prove that you suffered measurable damages, or financial and/or non-financial losses related to your injury. 
• Causation: Lastly, you must prove that there is a causal relationship between the defendant’s breach of the duty of care and your injuries. In other words, you must show that the defendant’s negligent or wrongful conduct was the cause of your injuries and related damages.

Additionally, because South Carolina follows a rule of modified comparative negligence, you’ll need to prove that you were not any more than 50% at fault for the incident that caused your injuries in order to seek compensation for your damages. If you were 50% or less at fault, you could still be entitled to compensation, but the amount you can recover will be reduced by your at-fault percentage. 

Seeking Compensation for Your Damages 

By filing a personal injury claim, you can seek financial compensation for your collective economic and non-economic losses related to your injury. These losses are known as “damages” and may include a wide range of things. 

Some examples of common damages in personal injury claims include: 

• Past, current, and future medical expenses 
• Past, current, and future pain and suffering 
• Loss of income, wages, and/or employment benefits
• Loss of earning ability due to partial or total disability
• Emotional distress and trauma 

The exact types of damages you can recover, as well as the overall value of your claim, depends on many factors. 

Some of these factors include: 

• The cost of your medical care 
• The severity of your injuries 
• Whether your injuries are disabling 
• How long your disability is expected to last 
• The value of your pain and suffering
• The amount of time you must take off work to recover
• Whether you are able to return to work or engage in any type of gainful activity
• Your degree of fault (if any) in causing the incident that led to your injuries 

At Lanier Law Group, P.A., our personal injury attorneys fight for maximum compensation for our clients. We know how to build powerful, evidence-based claims that clearly illustrate the true cost of our clients’ damages. Our team has the experience, resources, and ability to go to trial whenever necessary, and we are known for recovering the results our clients need to move forward with their lives. 

How Our Personal Injury Team Can Help 

For more than 26 years, our firm has been helping individuals and families throughout North and South Carolina seek justice when they suffer unimaginable harm due to the carelessness of others. We are firm believers in standing up for the rights of those who cannot stand up for themselves. We strive to be a voice for the voiceless, as well as a powerful ally against large insurance companies and other entities that seek to take advantage of those already facing difficult situations. 

Our team handles all types of personal injury matters, including: 

• Birth injuries 
• Car accidents 
• Catastrophic injuries 
• Medical malpractice 
• Motorcycle accidents 
• Nursing home abuse 
• Premises liability 
• Product liability 
• Sexual abuse 
• Truck accidents 
• Workplace accidents 
• Wrongful death 

We also assist clients with complex cases involving Social Security disability (SSD), workers’ compensation, and veterans’ disability. Our firm has helped countless people secure the fair compensation they were owed, allowing families to get back on their feet and heal after devastating losses. 

No matter what you have been through or the challenges you are facing, we are here for you. Reach out to Lanier Law Group, P.A. today to speak to one of our personal injury attorneys about your case.