South Carolina Personal Injury Lawyers

The Law Office of Sean M. Wilson Helps South Carolina Injury Victims Seek Justice

Medical bills pile up while you're unable to work. Insurance companies pressure you to accept a quick settlement that doesn't begin to cover your losses. Meanwhile, your family struggles to adjust to this unexpected challenge.

As South Carolina personal injury attorneys, the team at the Law Office of Sean M. Wilson understands that seeking fair compensation isn't just about money—it's about standing up for your fundamental rights as a human being. Just as the civil rights movement fought against discrimination, we fight against powerful insurance companies that try to deny injury victims the compensation they deserve.

Elements of a Personal Injury Case in South Carolina

Personal injury law covers any type of accident that causes injury due to another party’s negligence. At the Law Office of Sean M. Wilson, we handle a wide range of personal injury claims, including car accidents, truck accidents, boating accidents, dog bites, and premises liability cases. 

Regardless of the type of accident that caused your injury, winning your case involves proving four key elements.

1. Duty

The first element of any South Carolina personal injury case is proving the defendant owed you a legal duty of care. This means they had an obligation to act with reasonable caution to prevent harm to others.

For example:

• Drivers must follow traffic laws and operate vehicles safely.
• Property owners must maintain safe conditions for visitors.
• Healthcare providers must deliver care that meets accepted medical standards.

2. Breach of Duty

Once duty is established, you must show the defendant breached their duty through negligent actions or failure to act. This means they did not behave as a reasonably careful person would under similar circumstances.

For example:

• Running a red light breaches a driver's duty of care.
• Failing to clean up a spill in a reasonable time breaches a store owner's duty.
• Prescribing medication without checking for interactions breaches a doctor's duty.

3. Damages

You must prove you suffered actual damages due to the defendant's actions. Damages are the financial losses that you incurred as a result of the defendant’s breach of duty, such as the need for extensive medical care.

4. Causation

Finally, you must prove the defendant's breach of duty directly caused your injuries. This can be more complex than it seems, as defendants often argue other factors caused or contributed to the harm.

South Carolina follows modified comparative negligence rules. You can still recover damages if you were partially at fault, as long as your share of fault does not exceed 50%. However, your compensation will be reduced by your percentage of fault.

Types of Compensation Available to Personal Injury Victims

South Carolina personal injury cases can include compensation for each type of loss you’ve suffered as a result of the negligent party’s action.

Medical Expenses

All past and future medical care related to your injury qualifies for compensation. This includes emergency room visits, surgeries, specialist appointments, physical therapy, prescription medications, medical devices, and home health care services.

Lost Income and Benefits

Beyond missing regular paychecks, injuries often impact your total compensation package. You can seek recovery for lost wages, sales commissions, performance bonuses, retirement contributions, and health insurance benefits. If your injury affects your future earning capacity, our South Carolina personal injury attorneys can help calculate these long-term losses.

Property Damage

When accidents damage your property, you deserve full compensation for repairs or replacement. This covers vehicles, personal belongings, electronic devices, and other damaged items. We help document all property losses to ensure nothing is overlooked.

Non-Economic Damages

South Carolina law recognizes that injuries cause harm beyond financial losses. You can seek compensation for physical pain, emotional distress, anxiety, depression, loss of enjoyment of life, and relationship impacts. Our team helps quantify these intangible but very real damages.

Insurance companies often try to minimize these damages or deny valid claims entirely. Without skilled legal representation, many injury victims accept settlements far below what their case is actually worth.