Helping Victims Obtain Compensation

Personal Injury Attorneys in South Carolina
hughey law home office exterior

Experienced Personal Injury Attorneys

The personal injury lawyers at the Hughey Law Firm regularly take on the big insurance companies and represent injured accident victims during settlement negotiations and at jury trials.

Our experienced lawyers can aggressively advocate for you at the negotiation table or in the courtroom to help you achieve the settlement or jury verdict you deserve.

When someone acts in a reckless or careless manner and causes injury to another person, they can legally be on the line for damages. Insurance companies and their lawyers who regularly represent these individuals are not in the business of compensating you for your injuries. Instead, they will do everything they can to try and “poke holes” in your case and reduce its value.

On Your Side

The Charleston metropolitan statistical area boasts a population of more than 760,000. Both the population and the number of tourists are expected to increase in the coming years. From fine dining to amazing historical sites, Charleston is a favorite destination for more than 6,000,000 visitors annually. Unfortunately, more people and more activities bring more opportunities for accidents to happen.

If you’ve been injured in an accident due to the recklessness or negligence of another person, you may be eligible for compensation. The skilled attorneys at the Hughey Law Firm can help.

South Carolina personal injury law encompasses a wide variety of accidents that can occur as a result of someone else’s carelessness or negligence. Personal injury cases may involve car and truck accidents, defective products, slip and falls, and premises liability.

About Personal Injury Claims in South Carolina

Each state in the nation has rules regarding the filing of personal injury claims. Here are some of the highlights of South Carolina’s personal injury statutes:
  • The statute of limitations for filing a personal injury claim in South Carolina is generally three years from the date of the accident.
  • The state has a modified comparative negligence rule. What this means is that if you are found to be partially responsible for the accident that caused your injuries, any award you receive for your damages will be reduced by the same percentage as your fault. For example, if you were twenty percent responsible for the accident, your damage award will be reduced by twenty percent.
  • If you are found to be more than fifty percent responsible for your accident, then you are not eligible to seek compensation for damages from other at-fault parties.
  • The types of damages that may be awarded for a personal injury claim include economic damages such as medical bills, lost wages, and property damages; as well as non-economic damages such as pain and suffering. Additionally, punitive damages—meant to punish the defendant for reckless or negligent behavior—may be awarded.
  • Punitive damages in personal injury cases are capped at three times actual damages or $500,000—whichever is greater.
  • The vast majority of personal injury cases will be settled before trial. Mediation is required in South Carolina civil litigation for the purpose of encouraging a settlement.
  • In South Carolina, there is strict liability for dog bite cases. What this means is that a dog owner is liable for any injury to another person by their dog, even if the dog had no previous history of aggression.
  • It is possible in South Carolina to file a personal injury claim against a governmental agency or its employees if the injury you incurred was the result of recklessness or negligence on the part of an entity or individual’s lawful actions. However, if the injury occurred due to unlawful actions, then damages may be sought only from the individual whose actions were unlawful, not the governmental agency.

Our Practice Areas

There are many ways in which an accident can occur. Here is a list of some of the areas of personal injury law that we have particular experience in assisting our clients:

Wrongful Death

Losing a loved one unexpectedly brings grief as well as complexity to the lives of family members left behind. Unfortunately, the process of holding the at-fault party accountable for the wrongful death of your loved one is complex as well. The experienced attorneys at Hughey Law Firm can guide you through that process.

Catastrophic Injuries

Certain injuries can result in a lifetime of medical care and expenses, and take away the victim’s ability not only to work at the job he or she formerly held, but to be gainfully employed at all. If you or a loved one has suffered catastrophic injuries in an accident caused by someone else, you deserve an injury lawyer who will fight for you to get the necessary compensation to provide the care and necessities you need for life.

Slip and Fall Accidents

Slip and fall and trip and fall accidents are among the most common premises liability claims. These types of accidents can result in serious injuries. If you have been injured due to an unsafe condition at a residential, commercial, or public property, you may be eligible to file a premises liability claim.

Product Liability

Consumers have the right to expect that the products, medications, and food that they have purchased are safe to use. If you’ve been injured due to a defective product, you may have a valid product liability claim.

Worker’s Compensation

If you have been injured in a workplace accident, you have the right to file a worker’s compensation claim in order to get compensation for your injuries, including medical treatments and lost wages. We are happy to answer questions and provide guidance in your decision to file a claim. Additionally, if your workplace accident was caused by the recklessness or carelessness of an individual, you may be able to seek damages from the at-fault party who should also be held liable.

Nursing Home Injuries

If your loved one has been mistreated, abused, or neglected by the staff at a nursing facility, we will fight to hold these facilities accountable for their actions, not only for your loved one’s sake but for the sake of preventing others from being injured by the same negligent actions.

Frequently Asked Questions

About Personal Injuries
If you’ve been injured due to the negligence or reckless behavior of someone else, you probably have a lot of questions. While many of the answers depend on the specific details of your case, below we provide answers to some of the questions that we are most frequently asked pertaining to personal injury law.

Browse Categories Below:

Not necessarily – injured individuals may recover damages for whiplash depending on the severity of their injury. Whiplash is a common injury suffered by people who have been involved in auto accidents, particularly a rear-end car accident. While symptoms such as neck pain, stiffness, and headaches typically fade within a few days or weeks, some people develop chronic pain that lasts for months or even years from whiplash. Because under certain circumstances whiplash can cause significant pain and disrupt your daily life, it can result in both economic and general damages for some people. In accidents involving whiplash, it’s important to get a medical evaluation immediately to treat your whiplash, as well as to get documentation of the diagnosis to prove damages.

Injured individuals often find that the at-fault party’s insurance cannot adequately compensate them for all of their injuries and property damage. One option in this scenario is to file a claim with your own uninsured/underinsured motorist policy seeking additional compensation. An experienced car accident attorney can help you with this, as well as search to see if your case involves additional potentially liable parties from whom to seek compensation, such as restaurants or bars who overserve patrons, to ensure that you receive the maximum compensation available to you. Contact us for more information.

South Carolina follows a comparative negligence rule that allows an injured party to file a personal injury claim even if he or she partially caused the accident, as long as that level of responsibility doesn’t exceed the responsibility of the other party. However, a court will reduce any damages award by the percentage of responsibility that the injured party bears. For example, if a court determines that you were 10 percent responsible for the accident that caused your injuries, the court will reduce your compensation by 10 percent.

Depending on the circumstances of your case, a court may determine that multiple parties contributed to the accident that caused your injuries. Potentially liable parties include:

  • The driver whose negligent act caused the accident
  • The trucking company if the driver acted negligently while on the job
  • Shippers who ship hazardous materials without taking proper safety precautions, load the truck improperly, or fail to properly investigate the trucking company that they hired to ship their products
  • The manufacturer of the truck or parts if a vehicle or parts defect caused your accident

Yes, if you are the legal representative for your husband, then you can initiate the legal process on his behalf. Current and future medical expenses are two types of damages that you can seek in a personal injury lawsuit. An experienced accident attorney can help you understand your legal options in this situation.

The other driver’s insurance company might offer you a settlement rather quickly. This might be a tactic to avoid liability. If the carrier finds their policyholder is at fault, they want you to settle to avoid a large claim or verdict in your favor later on. Initial settlement offers are meant to lure claimants into settling, but they are often far less than full and fair compensation. It’s best to consider the first offer as a jumping off point for negotiations and don’t accept an offer without speaking to your lawyer. Let your attorney handle communication and negotiate the best outcome for your case.

Elements of Proof in a Personal Injury Case

In order to prove negligence in a personal injury case, the accident victim must be able to demonstrate four legal elements.

Available Damages

Injuries sustained in personal injury accident cases can be debilitating, and in some cases, permanent. Under South Carolina law, individuals who are injured by the negligence of others are entitled to compensation for the economic and non-economic damages they sustain as a result of the accident. Common damages sought in personal injury cases include, but are not limited to:

  • Medical expenses
  • Lost income
  • Property damage
  • Loss of quality of life
  • Physical and emotional pain and suffering

In a personal injury case, the at-fault party’s insurance company will try and undermine your available damages. For example, the insurance company may try to claim that you were injured before the accident or that you were not injured to the extent you may be claiming.

A personal injury lawyer can be helpful in gathering and presenting evidence of your losses, ensuring that you obtain the compensation you deserve.