Personal Injury

The South Carolina personal injury lawyers at Lofton & Lofton are among the most accomplished attorneys in South Carolina. Our Charleston office has established a reputation for excellence in obtaining comprehensive awards for victims harmed by negligence throughout the state. Since 1984, we have steadfastly maintained our commitment to advocacy and high-quality service.

South Carolina Personal Injury

South Carolina law protects victims injured by negligence. This includes many types of harm sustained through accidents or events in which at least one other party is at fault. Personal injury claims often arise from:

• Auto accidents
• Sexual abuse (civil)
• Employee misconduct
• Sexual abuse by clergy
• Tractor-trailer accidents
• Motorcycle and bike accidents

Personal injury also includes cases involving medical malpractice, premises liability, wrongful death, and product liability. The common factor in all of these claims is negligence.

Negligent Conduct

Negligence covers a broad spectrum of conduct, from intentional acts to careless mistakes. The ability to recover civil damages does not require that another party act willfully. Indeed, negligent behavior can give rise to the same degree of harm as the purposeful infliction of an injury. Negligent conduct can involve the occurrence of, or failure to prevent, acts including:

• Surgical mistakes
• Abuse of authority
• Vehicular homicide
• Harassment, stalking
• Sexual assault, battery
• Violent or lewd acts with a child
• Use of excessive force, violence
• Deprivation of constitutional rights
• Driving under the influence of drugs or alcohol
• Speeding

Personal injury does not focus on the mistake, but the violation of a legal duty causing harm. Each person owes others a duty of “reasonable care.” At a minimum, this requires refraining from activity that would endanger lives or cause impairment. At-fault parties who cause bodily injury or death through negligence are liable for their mistakes.

Personal Injury Liability

South Carolina law seeks to make at-fault parties pay for negligent conduct. In order to prove liability, the claimant must show that another party’s negligent conduct directly caused injury. Injuries giving rise to liability can include:

• Burns, scars
• Cuts, bruises
• Broken bones
• Internal bleeding
• Spinal cord damage
• Traumatic brain injury
• Lost cognition, function
• Traumatic stress disorders
• Psychological, mental illness
• Physical or sensory impairment

Almost any individual, group, or entity is capable of negligence, and multiple parties may be liable. In cases of shared liability, courts or lawyers may apportion fault among the parties and make each pay for their contributory negligence. Liability may also be divided among employers, agencies, and respective insurers.

Personal Injury Damages

Once the liable parties are identified, they must compensate the victim for damages caused by their conduct. These may include payment for:

• Medical costs
• Pain, suffering, other losses
• Funeral expenses
• Lost quality of life
• Lost income, earnings
• Rehabilitation, therapy
• Lost familial relationship

Damages are intended to replace out-of-pocket expenses incurred because of the injury and to restore victims to the position they were in prior to the injury. The victim is entitled to recover civil damages in an action that is separate and distinct from any criminal prosecution.

Call an Experienced Personal Injury Attorney for Help

If you were injured in an accident, the South Carolina personal injury lawyers at Lofton & Lofton can help. For over 25 years, we have served the Charleston community and others throughout the state of South Carolina who were harmed by negligence. Let us help you recover the compensation you deserve. Call 843.722.6319 for a confidential consultation or contact us online.