Wilson Legal Group is a personal injury law firm dedicated to representing clients across South Carolina who have suffered catastrophic injuries due to someone’s reckless or careless actions. We understand the lasting impact injuries can have on the lives of victims and their families. As a firm, we strive to obtain full and fair compensation for every client.

Our areas of expertise include: 

• Motor vehicle accidents, 
• Premises liability, 
• Medical malpractice, 
• Tractor-trailer accidents, 
• Nursing home negligence, 
• Slip and fall accidents, 
• Catastrophic injuries, and 
• Wrongful death. 

We believe that each case deserves a thorough investigation and a unique, strategic approach to achieve the most favorable results. Wilson Legal Group has recovered millions in personal injury damages for victims across South Carolina.

Personal Injury Law in South Carolina

Every personal injury case has its own unique circumstances, which is why there is no one-size-fits-all approach to legal representation. However, many of the same laws apply to different types of South Carolina personal injury claims.

Negligence in Personal Injury Cases

Negligence is the basis for most personal injury cases regardless of the specific area of personal injury law. There are three components that must be present for negligence liability to exist:

• The defendant owed the plaintiff a duty of care;
• The defendant breached the duty of care through an act or omission; and
• The breach of duty was the proximate cause of the damage to the plaintiff.

If any of these elements are not present, the legal system cannot find the defendant at fault. 

A common example of negligence arises in car accidents. A South Carolina car accident lawyer could be tasked with proving that the defendant was speeding. The defendant owed other drivers a duty to obey traffic laws. By speeding, they breached that duty. If the speeding resulted in a collision that injured the plaintiff, then the driver would be liable for the plaintiff’s damages.

Statute of Limitations

The South Carolina personal injury statute of limitations sets a three-year deadline for filing any lawsuit seeking a civil remedy for injuries caused by someone else’s conduct. This time frame is reduced to two years if the defendant is a government entity.

Types of Personal Injury Cases

Wilson Legal Group has more than 40 years of experience. When seeking counsel from a South Carolina personal injury attorney, it is important that they have an in-depth understanding of the particular area of law. Here are some of our areas of practice.

Motor Vehicle Accidents

According to the Insurance Institute for Highway Safety, South Carolina has one of the highest vehicle crash fatality rates in the nation. South Carolina is an at-fault state, which means you will file a claim with the negligent driver’s insurance company. This can get complicated if the driver does not have insurance and you must file a UIM claim (uninsured motorist), if the insurance company refuses to issue a fair settlement, or if the defendant contests liability for the accident.

Uninsured/Underinsured Motorist Claims

When you get into an accident with an uninsured or underinsured driver, your options for recovery are different. One way to obtain the compensation you deserve is to file an uninsured/underinsured motorist (UM/UIM) claim with your own car insurance. 

A UM or UIM claim works similarly to a claim against an at-fault motorist’s insurance company. You still have to prove the other party was negligent and negotiate with the insurance company for a fair settlement. Even though you will be working with your own insurance company, it is essential to have an attorney to help you through this process and see that you obtain a fair settlement.

Product Liability

Product liability is the legal premise that grants consumers the right to file a lawsuit against manufacturers or merchants who introduce defective products into the marketplace. There are multiple types of defective product claims under the umbrella of product liability including defective design, manufacturer defect, and failure to warn.

Medical Malpractice

Medical professionals owe patients a reasonable and accepted standard of care that encompasses careful attention to treatment protocols and practices. Under South Carolina law, if you or someone you love has been hurt by a negligent medical provider or medical facility, you may be entitled to compensation for your injuries under the legal remedy of medical malpractice. Negligent providers should be held accountable for their mistakes.

Tractor-Trailer Accidents

According to the National Safety Council, 5,005 commercial trucks were involved in fatal accidents and 118,000 were involved in accidents resulting in injury in 2019. Many tractor-trailer accidents involve multiple levels of liability which may include the driver, trucking company, cargo loader, mechanic, or other parties involved with facilitating transportation. An experienced South Carolina truck accident lawyer can help you navigate claims against multiple parties to help you receive the compensation you deserve.

Premises Liability

Under South Carolina premise liability laws, landowners and tenants in the state can be held legally responsible for injuries that occur on their property. This cause of action applies to businesses as well as private landowners who knew or should have known and addressed the presence of hazardous or potentially unsafe conditions on the property.

Nursing Home Negligence

Nursing homes have a responsibility to provide residents with a level of reasonable care to protect residents and provide them with a safe environment. South Carolina has a Bill of Rights for Nursing Home Residents that applies statewide and is intended to set forth expectations of care for both residents and facilities. When a nursing home fails to provide this level of reasonable care, it may be liable for injuries that residents sustain while in the nursing home’s care.

Motorcycle Accidents

According to the South Carolina Department of Public Safety, there were more motorcycle fatalities in the state in 2021 than there have been since the 1980s. In the vast majority of accidents involving a car and a motorcycle, the motorcyclist is significantly more likely to sustain damage. Much like with an auto accident, there are many factors to take into consideration, and having an experienced South Carolina motorcycle accident attorney can save you time and get you on the road to recovery, faster.

Modified Comparative Negligence

The rule of modified comparative negligence is often overlooked by those who are unfamiliar with the intricacies of the South Carolina legal system. Modified comparative negligence is relevant in situations where you may have partially contributed to the accident that caused your injuries.

Under this rule, your settlement amount or award is reduced by your percentage of fault. For example, if you are found to be 10% at fault, you will receive only 90% of the compensation awarded. Victims deemed more than 50% at fault will be completely barred from recovery.

It is in the best interest of the defendant, their insurance provider, and legal counsel to attempt to place as much blame as possible on the victim. It is in your best interest to face these accusations with the help of an experienced South Carolina personal injury attorney.

Rely on Wilson Legal Group

Wilson Legal Group is located in Bamburg, South Carolina. Our firm serves clients throughout the state. We have extensive experience representing clients in personal injury claims and helping them recover just compensation. If you have a personal injury claim, contact us for a free initial consultation.