Mt. Pleasant Personal Injury Lawyers

The U.S. National Center for Injury Prevention and Control says accidental injuries are the leading cause of death for people ages one to 45 years old. Injury-related deaths affect everyone, regardless of someone’s age, race, or economic status. Unfortunately, the problem continues to grow.

Several government and research organizations report the following statistics about injuries.

  • In 2016, the U.S. Centers for Disease Control said there were 231,991 injury-related deaths.
  • Unintentional falls were the leading cause of injuries. More than 9,194,403 people fell in 2016.
  • Almost 2,732,012 million Americans died in car crashes in 2016.
  • Medical errors are the third-leading cause of death in the U.S. according to John Hopkins University. Almost 250,000 people die due to medical malpractice every year.
  • An average nursing home reports 100 to 200 falls per year.
  • Dogs bite an estimated 4.7 million people annually.
  • Traumatic Brain Injuries contribute to 30 percent of all deaths.

Hughey Law Firm knows how difficult it is for Mt. Pleasant’s injured victims to repair their lives after a severe injury. Survivors face enormous challenges because of their injuries. Some victims must deal with permanent physical and psychological problems that incapacitate them. Others struggle with painful disabilities that can cause them to lose a physically demanding job. Most injured people must pay expensive medical and other bills related to the accident.

Has a negligent person harmed you? Fight for justice. Schedule a free consultation with Hughey Law Firm. Our Mt. Pleasant personal injury attorneys will help you get the justice you deserve. Contact us or call (843) 881-8644.

Hughey Law Firm Gets Results in Mt. Pleasant

Hughey Law Firm fights to get our clients justice in personal injury law cases. We’ve seen the physical and financial devastation our injured clients face. Additionally, our legal team knows how these incidents impact families. When you hire Hughey Law Firm, you get seasoned professionals that will argue your case effectively. We’ve won more than $110 Million in claims on our clients’ behalf.

Nathan Hughey, the firm’s senior lawyer, leads our team. He has argued before the South Carolina Supreme Court, and holds a license with the U.S. Court of Appeals for the Fourth Circuit.

Here is a list of our some of our settlements:

$5,425,000 Settlement – A company’s truck driver sped through a stop sign and crossed into an oncoming lane. His vehicle slammed into the left fender of our client’s pickup truck. The violent impact tipped over our client’s truck, causing it to roll over several times. The force ejected him from the vehicle.

Paramedics found his injured body on grass, 15 feet from the wreck. They rushed him to the hospital. Later, our client found out from doctors that he suffered a spinal cord injury. He was now a paraplegic.

The company refused to take legal or financial responsibility for the accident. The driver denied he had any fault. The client decided to seek compensation for his injuries. He hired the Hughey Law Firm to represent him in court. We sued the truck driver’s employer, and our firm located an independent eyewitness that supported our client’s account. They said our client had no fault in the accident. We reached a settlement with the driver’s employer for $5.425 million.

$600,000 Settlement – The William Jennings Bryan Dorn VA Hospital admitted veteran Jessie Phillips. His physician, Dr. Einar Anderson, ordered an X-ray screening for the patient. The results showed a two-centimeter nodule on Phillip’s left upper lobe.

The radiologist said Phillips should undergo more tests. Dr. Anderson did not order any extra screenings, nor did he ask about the X-ray findings. Two years later, the lesion grew. The biopsy showed he had carcinoma. Mr. Phillips later died of cancer. We sued Dr. Anderson, EMSA Military Services, Inc. and the U.S. Government for damages. They settled the case out of court for $600,000.

Other cases we’ve won:

  • $1,650,000 – A man suffered injuries to his left arm in a 2009 auto collision. We helped him settle the case for $1.65 million in mediation.
  • $975,000 – A client’s baby died from injuries they received during a during delivery.
  • $671,125 – A client suffered an amputation after being injured on a dangerous property.

Past settlements and judgments aren’t an indication of results in future cases.

What Is Personal Injury Law?

Personal injury law allows victims to sue for injuries they received due to accidents, negligent acts, or other incidents. The law’s purpose is to make injured victims “whole” through financial compensation. Relatives of decedents can also bring wrongful death lawsuits against liable defendants.

There can be several liable parties in personal injury lawsuits.

Types of personal injury lawsuits can include:

  • Assault and battery: A defendant can be liable for any physical attack they commit against others.
  • Car accidents: These incidents make up most personal injury cases. They occur when careless drivers don’t follow road safety rules.
  • Dog bites – Most states hold dog owners for any injuries their pet may cause other people. South Carolina’s Code 47-3-110 addresses dog bites.
  • Medical malpractice: Healthcare professionals that don’t provide competent care may be negligent under the law.
  • Nursing home abuse: Doctors, nurses, and other workers can be liable for patients’ injuries and deaths.
  • Product liability cases: Plaintiffs can sue companies that sells a defective product that injures them.
  • Slip and fall accidents: These incidents fall under premises liability law. An owner has a duty to keep their property safe. If they don’t, a plaintiff can sue them if the owner’s carelessness harmed them.

Time Limits on Personal Injury Lawsuits

South Carolina has a statute of limitations on personal injury lawsuits. You have three years to file your case from the date of the injury, according to S.C. Code Ann. Section 15-3-530. Those who don’t file in time can lose their chance to sue for damages. You should seek legal counsel when someone has injured you. Contact an expert personal injury attorney like the Hughey Law Firm in Mt. Pleasant.

Proving Negligence in Personal Injury Lawsuits

South Carolina requires plaintiffs to meet four areas in proving personal injury claims. Victims must prove defendants are negligent for their claim for damages to succeed.

1. The defendant owed a duty of care to the plaintiff.

The defendant’s care of duty depends on the case. For example, a physician has a responsibility to oversee a patient’s care. Doctors that don’t follow a proper standard of care may harm someone. Hurt patients can file a medical malpractice case against the defendant.

Another type of personal injury tort cases involves premises law. Property owners must keep their premises free from hazards. Those that don’t remove dangers from their area are liable for negligence. For instance, companies must clear ice from sidewalks on their premises. If a person slips and falls on the ice, they can sue the property owner for negligence.

Other cases can involve drivers that fail to follow South Carolina’s Department of Motor Vehicles laws. A plaintiff can sue a reckless driver if their negligent actions caused an accident.

2. There was a breach of duty.

Their breach of duty will depend on the circumstances of a care. For example, licensing boards require doctors to follow protocols for medical procedures. They must also administer treatment for conditions before they become serious. For example, a diabetes patient may need insulin when their blood sugar spikes. Doctors who don’t follow standard protocols may have breached their duty to a patient.

3. The victim must show the defendant’s breach of duty harmed them.

A breach of duty shows the defendant failed to meet a legal responsibility. The plaintiff must prove the defendant’s actions resulted in serious damages to their body, property, or other areas. The victim must substantiate their claims with witnesses, medical records, and other proof.

4. Tangible damages resulting from the defendant’s negligence.

The victim must suffer significant damages because of the injuries they received. They can be economic or non-economic losses.

Serious Injuries in Personal Injury Cases

The most serious injuries that injured victims can suffer are catastrophic ones. These injuries are severe injuries to the brain, spinal cord, limbs, or vital organs.

The following are some of the catastrophic injuries victims can endure:

  • Traumatic brain injury (TBI);
  • Amputation;
  • Eye injuries;
  • Back injuries;
  • Burns;
  • Spinal cord injury (SCI);
  • Paralysis (paraplegia and quadriplegia);
  • Organ damage;
  • Shoulder injuries; and
  • Foot injuries.

How the Courts Determine Fault

Injured victims should be familiar with South Carolina’s comparative fault rule. This system awards personal injury damages based on the percentage of fault of each litigant has. The defendant’s responsibility must be 60 percent or more for plaintiffs to collect damages. You won’t collect any damages if you share equal blame, or more fault than the defendant.

Additionally, judges can reduce your compensation if you share some responsibility for the injury based on your percentage of fault.

Personal injury cases have a lower level of proof than criminal cases. For example, a jury could acquit a defendant of a criminal charge if the burden of proof is too low to qualify as beyond a reasonable doubt. In a civil case, however, the plaintiff must only meet a preponderance of evidence standard: personal injury plaintiffs can present the same evidence and still collect judgments.

Defendants try to reduce their liability by claiming the victim was partly to blame. Some companies will send insurance investigators or lawyers to visit with the plaintiff. These professionals may appear to sympathize with the victims, but often ask people to sign written or oral statements before they hire legal counsel. The company’s attorneys use this evidence to undermine the plaintiff’s case.

Don’t provide a statement to anyone before hiring your own legal team. Refer any company representative that wants to speak with you to your attorney.

Damages in Personal Injury Cases

You can collect several types of damages in a personal injury case.

General Damages – This compensation redresses the defendant’s negligent actions. You must establish a clear link between their injury and the defendant’s behavior, General damages may include:

  • Physical pain and suffering
  • Medical costs
  • Physical disfigurement
  • Mental anguish
  • Lower quality of life
  • Emotional distress

Special Damages – This compensation covers monetary losses you incurred due to the defendant’s actions. These include out-of-pocket expenses. Special damages can include:

  • Replacing or repairing any lost property
  • Lost earning capacity
  • Lost wages
  • Past and future medical expenses
  • Loss of irreplaceable items

Other Damages – Decedents’ families can sue for damages if their relatives died or suffered serious disability due to a negligent, reckless, or intentional act. These damages can include:

  • Wrongful death
  • Loss of companionship or consortium

How Can I Pay for an Attorney?

Hughey Law Firm in Mt. Pleasant can handle your case on a contingency basis. We’ll only collect our fees from any judgment or settlement you receive if we win your case.

Hire Trusted Mt. Pleasant Personal Injury Attorneys to Handle Your Case

Hire experienced personal injury attorneys to handle your claim. Our Mt. Pleasant personal injury lawyers can fight for the compensation you deserve. Contact us for a free consultation, or call (843) 881-8644.

Contact Hughey Law Firm

Call 843-881-8644 or toll-free 1-877-811-8644 or fill out the form below. Back to Top