Charleston Personal Injury Lawyers

If someone else caused you to suffer injuries because of their negligent behavior, you likely felt (and still feel) a wide range of emotions: hurt, frustration, confusion, and anger. Our Charleston personal injury lawyers at Rogers, Patrick, Westbrook & Brickman LLC know how you feel. They can empathize with you and help you process your experiences. Most importantly, they will help you understand your legal rights and seek justice for your injuries.

Over the years, we have helped countless clients demand the compensation they deserve to cover their accident-related costs. If you suffered a personal injury and need this advocacy, read our Charleston personal injury lawyers page to learn how we can protect your interests.

What Does South Carolina Personal Injury Law Cover?

South Carolina courts aim to provide compensation when someone else’s wrongful actions or negligence cause someone else to suffer harm. These wrongful actions can involve car accidents, slip and falls, truck accidents, or even medical malpractice; personal injury law helps ensure you have a clear path to seek accountability.

Charleston personal injury victims often need to cover medical expenses, lost wages, and non-economic damages like pain and suffering. As long as your case meets the legal standards of negligence, you may have the right to pursue one of these cases.

According to South Carolina’s comparative negligence rule, as long as you caused less than 50% of the accident in question, you can recover damages if you succeed in your personal injury lawsuit. For example, if you caused 20% of a car accident by failing to use a turn signal, you may see 20% less of your final payout if you win your case.

How Do You Prove Negligence in a Personal Injury Case?

To succeed in a personal injury claim, claimants must prove four elements: duty, breach, causation, and damages.

First, you need to establish that the defendant owed you a duty of care. This means showing that a driver needed to follow traffic laws on the road. On private property, the owner should have maintained a safe environment for you.

Next, you need to show that they breached this duty through careless or reckless actions— for instance, breaking traffic laws or failing to wipe up a wet area that the owner knew about.

Then, you need to demonstrate that the other party’s breach of their duties directly caused your injuries. Did the driver’s actions lead to your accident? Did the owner’s failure to wipe up their wet area make you slip?

Finally, you need to provide evidence of the damages you suffered, including physical injuries, financial losses, or emotional distress. Police reports, medical records, accident documentation, photographs of the scene, and even eyewitness accounts can go a long way in court.

What Steps Should You Take After an Injury?

Immediately after your accident, seek medical attention to address injuries, even those you cannot see or feel. Some internal injuries, such as concussions, take time to show symptoms and may become worse if left untreated. Insurance companies or opposing lawyers may also use any delay to show that you did not suffer serious harm.

Take pictures of the accident scene and any injuries, and record your conversations on a voice memo or notepad.

Avoid making statements to insurance adjusters before consulting with a lawyer—adjusters often aim to minimize payouts to save money, and anything you say could be used against you.

How Long Do You Have to File a Personal Injury Lawsuit in Charleston?

South Carolina’s statute of limitations for personal injury claims gives victims three years from the date of the accident to file their lawsuit. If you delay your claim, you may lose evidence or lack the available witnesses to substantiate your case. Worse, you may lose the chance to claim compensation altogether if you miss your deadline. South Carolina law shortens the statute of limitations if you intend to bring a case against a government entity or employee.

What Types of Compensation Can You Recover?

Our lawyers have helped personal injury victims in Charleston claim various types of compensation. Courts award economic damages to help cover tangible expenses, such as medical bills and lost income. Courts also calculate compensation for non-economic damages, like pain, suffering, and emotional distress—injuries that are as real as economic ones but lack a specific dollar amount.

In rare cases, courts may award punitive damages if the defendant’s actions were particularly egregious to punish wrongful behavior and deter similar actions in the future. For instance, if the driver who caused your accident was cross-faded during the incident, they might face punitive damages in addition to normal compensation.

Why Should You Hire a Charleston Personal Injury Lawyer?

The legal system in a post-accident scenario can feel incredibly daunting, especially if you need to deal with an insurance company that prioritizes profits over fairness. Additionally, collecting the evidence you need to build a solid case for compensation can feel overwhelming.

A skilled personal injury lawyer will serve as your advocate, handling your case’s legal nuances while you focus on recovery. They will help you gather the evidence you need, negotiate with insurance companies on your behalf, ensure compliance with all legal procedures, advocate for you in court, and protect your rights and interests at every step.

To choose the right personal injury lawyer for your case, look for a legal team with extensive experience and a track record of success. A reputable lawyer will offer free consultations to discuss your case and present their credentials, giving you the confidence that you need to retain them.

Seek Justice with the Charleston Personal Injury Lawyers at Rogers, Patrick, Westbrook & Brickman LLC

If you want the peace of mind that a seasoned and compassionate legal team can give you, contact the Charleston personal injury lawyers at Rogers, Patrick, Westbrook & Brickman LLC. We stand ready to help you navigate the complexities of your case, fight for the compensation you deserve, and hold the responsible parties accountable for your injuries. We have years of experience seeking justice for victims, and we will build you a personalized case to demand what you deserve. Call us at 843-727-6500 or fill out our online contact form for a free consultation. Our office locations in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina, serve clients throughout South Carolina.