Personal Injury

Injury Lawyers in Columbia SC

A sudden accident can turn your life upside down. One moment, everything is normal; the next, you are dealing with pain, medical appointments, and financial worries. A serious injury does not just affect the individual—it impacts their entire family. The physical recovery can be long and painful, while the emotional stress of the event can be profound. Facing mounting medical bills and lost wages adds another layer of complication, making it difficult to focus on healing.

At our law firm, we have a clear understanding of the challenges that injury victims and their families face. Our primary goal is to provide the support and legal representation needed during this difficult time. We take on the heavy burden of the legal process so you can dedicate your energy to getting better and rebuilding your life. Our lawyers are well-versed in personal injury law and diligently pursue a path to securing the maximum possible compensation on our clients’ behalf. We handle a comprehensive range of cases, drawing on our deep familiarity with the legal system in and around Columbia, SC.

Our Diligent Approach to Legal Representation

Every case is unique, but our commitment to a thorough and detailed approach remains constant. We begin by listening to your story to understand the full impact of the injury on your life. We then meticulously investigate the circumstances of the accident, gathering evidence such as police reports, medical records, and witness statements. Our team works to establish liability and calculate the true value of your claim, including not only medical costs and lost wages but also pain and suffering.

We communicate with insurance companies and opposing parties on your behalf, handling all negotiations and paperwork. This allows you to avoid the stress of dealing with aggressive adjusters and confusing legal documents. If a fair settlement cannot be reached, we are prepared to take your case to court and advocate for you in front of a judge and jury. Our lawyers have a long history of representing clients in a variety of personal injury matters, and we are committed to providing a high level of service throughout the entire process.

Understanding Motor Vehicle Collisions

Our firm addresses a wide array of motor vehicle collision claims, each with its own specific set of legal complexities.

Auto Accidents

We handle all kinds of auto accidents, from minor fender-benders to catastrophic multi-car pileups. These incidents are frequently caused by drivers who engage in reckless behaviors such as speeding, driving while distracted by a phone, or operating a vehicle under the influence of drugs or alcohol. Such carelessness can lead to devastating consequences for innocent victims.

Motorcycle Accidents

Riders are often highly vulnerable on the road, susceptible to severe injuries like broken bones, road rash, and traumatic brain injuries. We recognize the dangers motorcyclists face and work to hold reckless drivers of larger vehicles accountable for their actions.

Truck Collisions

Accidents involving large commercial trucks can cause widespread havoc. The circumstances surrounding these cases are often complex, involving potential negligence on the part of the trucker, their employer, or even the cargo loader. Our team is adept at navigating the web of federal and state regulations that govern the trucking industry to identify all responsible parties.

Pedestrian Accidents and Bicycle Accidents

When a vehicle strikes a pedestrian or cyclist, the results are often life-altering. Negligent drivers who fail to respect crosswalks, sidewalks, and bike lanes leave people vulnerable to severe injuries. We work to help these victims recover the resources they need to manage their long-term care and financial burdens.

Boating Accidents

Our region’s beautiful lakes and rivers are popular for recreation, but accidents can happen on the water just as they do on the road. Whether caused by an intoxicated operator, a defective vessel, or a lack of proper safety equipment, we can help people injured in a boating incident seek compensation.

Addressing Injuries on Someone Else’s Property

When an injury occurs on another person’s property due to their negligence, it falls under the category of premises liability.

Premises Liability Claims

These cases involve incidents like slip and fall accidents, injuries caused by inadequate security, or even dog bites. Property owners have a legal duty to maintain a safe environment for visitors. When they fail to do so, they can be held responsible for the harm that results. Our lawyers can help you establish that the property owner was aware, or should have been aware, of the dangerous condition that led to your injury.

Workplace Accidents

Getting injured on the job can be particularly stressful. Our workers’ compensation attorneys in South Carolina are well-versed in handling a broad range of workplace accident claims, including falls, equipment malfunctions, and being struck by falling objects. The legal process for workers’ compensation is distinct from a personal injury lawsuit, and our team has a deep understanding of the applicable laws and procedures. We work to ensure you receive the benefits you are entitled to so you can focus on your recovery.

Protecting the Vulnerable

We hold a deep commitment to protecting the most vulnerable members of our community, including children and the elderly.

Nursing Home Accidents

We accept cases involving the abuse and neglect of our elderly loved ones. Nursing home residents deserve to be treated with dignity and respect. Our lawyers work to uphold their rights and hold facilities accountable for physical, emotional, or financial harm.

School and Playground Accidents

Children can be injured in various settings, including at school or on a playground. Our firm is prepared to help families when their child is hurt due to a lack of supervision, defective equipment, or another party’s negligence.

Securing Justice for Serious Losses

In some cases, an accident can result in the ultimate tragedy: the wrongful death of a loved one. We also handle a class of cases that can arise from inadequate insurance coverage.

Wrongful Death Claims

The loss of a family member due to another person’s reckless or careless behavior is a devastating event. While no amount of money can ever replace a loved one, a wrongful death claim can provide a sense of justice and help the surviving family members cope with the financial fallout of their loss. We work with families to secure compensation for medical expenses, funeral costs, and the emotional suffering they have endured.

Uninsured Motorist Claims

When you are hit by a driver who has insufficient insurance or flees the scene in a hit-and-run, it can feel like you have no recourse. However, you may be able to recover compensation through your own uninsured or underinsured motorist coverage. Our lawyers can help you navigate these claims to get the coverage you need to pay for your damages.

What to Do After an Accident

Your actions immediately following an accident are critical. First, seek medical attention for your injuries, even if they seem minor. Next, contact the police to ensure an official report is filed. If you are able, gather information at the scene, including the other party’s contact and insurance information, and take photos of the vehicles and the surrounding area. Finally, do not provide a recorded statement to the other driver’s insurance company without first speaking with a legal representative. An early consultation can protect your rights and help you avoid common pitfalls.

Types of injuries

Tragically, many of our clients are seriously injured because of another person’s reckless actions. In situations involving catastrophic injuries, your life may be altered forever.

Common kinds of injuries our clients sustain include:

• Brain injuries
• Burn injuries
• Spinal cord injuries
• Paralysis
• Loss of limb
• Fractures
• Internal bleeding
• Severe bruising

Common questions about filing a personal injury claim in South Carolina

Most of our clients come into our office knowing next to nothing about the law. They have never been in this situation before. They have many unanswered questions. We understand and are ready to explain what needs to done.

How long do I have to file my claim?

Throughout South Carolina, you typically have three years from the date of the injury or the date of the discovery of the injury to file a personal injury claim.  If the claim is against a government entity, you typically only have two years to file.

My child was injured. Can I file a lawsuit on his/her behalf?

Yes. You generally have until the child turns 19 years old to file a lawsuit on his or her behalf. In a child personal injury case, you’ll generally have two suits. One is for the parents, which compensates them for medical bills, property damage, and cost associated with caring for their child. The other lawsuit would be for the child, to compensate him or her for pain and suffering, loss of enjoyment of life, and other non-economic damages.

How much money is my case worth?

While no one can guarantee you a specific dollar amount, the experienced personal injury attorneys at Peake & Fowler can break down what types of damages you may receive. In South Carolina, you may be entitled to economic compensation for:

• Medical expenses — past, present, and future
• Lost wages — past, present, and future
• Loss of earning ability
• Property damage caused by the accident

You could also be awarded “non-economic” damages

• Pain
• Disability
• Emotional and mental distress
• Disfigurement
• Loss of enjoyment of life
• Punitive damages

Are there limits on how much money I can win?

In South Carolina, there are limits on the amount of money you can be awarded in a medical malpractice case. This does not apply to a standard personal injury case, such as one stemming from a car accident or workplace accident.

However, as far as a personal injury cases are concerned, punitive damages can be unlimited or capped, depending upon the facts of the case.  When capped, punitive damages are limited to either 1) the greater of three times actual damages, or $500,000, or 2) four times the amount of compensatory damages, or $2,000.000. Punitive damages are additional monies given to the victim if the at-fault party acted particularly egregiously.

Negotiating a Full and Fair Settlement for Your Injuries

Here are five keys for successfully negotiating a full and fair settlement with the insurance company:

Be Patient

It is not uncommon to receive a settlement offer from the insurance company very early in the process. Insurers know that finances are usually tight shortly after an accident, and they know that many individuals are motivated to get a settlement check right away. The problem is that these offers are typically for far less than your claim is worth. In fact, at this point in the process, it may not even be possible to know what the claim is worth, because you may not know the full extent of your injuries. Be patient and do not accept the first offer that comes your way.

Fully Document all of your Losses

The insurance company is not just going to accept your word for how much you have lost because of the injury you suffered. You need to keep track of all of your economic losses, such as medical expenses and days missed from work. In addition, it is important to remember that a large part of your claim will be for the physical pain and suffering you have had to endure, the emotional impact the injury has had on you, and the impact the injury has had on your quality of life. For this reason, it is a good idea to keep a daily journal in which you can record how you feel physically and emotionally each day, as well as write down activities that you have not been able to participate in because of the injury.

Follow all of your Doctor’s Recommendations

Be sure to do everything your physician tells you to; such as having tests done, obtaining treatments, visiting specialists, refraining from various activities, etc. You have a duty to mitigate the damages caused by the accident or incident, and this means you need to take reasonable steps to minimize the extent of your injuries as much as possible.

Have an Amount in Mind you are Willing to Settle For

When you enter any type of negotiation process, you should have a minimum amount in mind that you are willing to take as the settlement. This figure is for your information only, and there is no need to share it with anyone except those closest to you. The figure you arrive at should be determined by what you believe the case is worth after calculating both your economic and non-economic losses.

Be Careful about Stalling Tactics

If you reach an impasse with the insurance adjuster, one way they might deal with this is to stop communicating with you for long periods of time. This is usually done for two reasons – to frustrate you into giving up and accepting their lower offer; or if you don’t come back to the table, to “run out the clock” on the statute of limitations for filing a personal injury lawsuit.

In South Carolina, for example, the statute of limitations for most personal injury actions is three years. And while this may seem like a lot of time, it can go by quickly if you are not hearing from the insurance company for several months at a time. If the insurance company “goes dark” during negotiations, get in touch with an experienced personal injury lawyer right away.

Strategies to Protect and Manage Your Personal Injury Settlement

Create a Comprehensive Plan, Whether Your Settlement is Large or Small

You know exactly what your personal injury settlement should pay for and how long it has to last. Before you touch a penny of the money you now have, come up with a detailed plan for it. If it is a small settlement, you may be able to do this without professional assistance. However, if you have secured a life-changing amount of money, you should talk to a financial professional. Your plan should cover the expenses your settlement must cover, how much you should have available for emergencies, how much to put away for the future, and what you have available to spend.

Turn to a Financial Advisor

as we talked about in the previous point, those who win large settlements should make it a priority to talk to a financial advisor. Even the most careful spender can find themselves chipping away at their settlement over time, with no real plan of how to preserve it. Your advisor can help you determine what your goals are moving forward and the best ways to accomplish these goals. They may have you invest a significant portion of your funds, use it to purchase assets that create residual income, or otherwise save it so it is available for future emergencies or medical needs.

Avoid Being Too Open About Your Claim

With social media, it’s tempting to share every facet of your life online. Don’t do that when it comes to a personal injury claim. You may think that you’re just sharing your journey with people who care about you, but when you get a large settlement, it is amazing how many people tend to come out of the woodwork with their hands out. This puts you in the uncomfortable position of spending your settlement on other people or losing friends and family members because of their greed. If you keep it secret, you can use your settlement how and when you want.

Wait on Major Decisions

The process of settling a personal injury claim can be stressful and overwhelming, and getting a fair settlement is definitely cause for relief. But don’t make the mistake of letting your relief dictate how that money is spent. After months of lawyer meetings and phone calls, you may want to go out and immediately treat everyone you love to an extravagant meal or give them a large gift. For your own benefit, please wait on any type of spending.

Do Not Commingle Funds

If you are at risk of bankruptcy or garnishment, take steps to protect your settlement from seizure. This means keeping your settlement funds completely separate from income from other sources. The best way to do this is to open a new account to put the money into. If your other money and your settlement money mix at all, you may be putting these funds at risk.

Protecting Your Credibility During a Personal Injury Claim

If your case goes to court, your credibility will be of utmost importance. When your case is being heard by a jury, your credibility is critical. If the jury is more likely to find your version of events to be credible, then they are much less likely to believe that you are lying, exaggerating, or withholding information.

The more credible you are, the more likely it is that the insurance company will try to settle your claim outside of court. This is because going to court could wind up costing them more in the long run. And the insurance company is going to want to avoid paying you the full amount that you are entitled to.

There are many different factors that can be taken into consideration when a judge or jury is determining whether they find you to be credible. Some of the factors that may be taken into account include:

• Whether you sought medical attention after the accident
• Whether you have been involved with any previous insurance or civil claims
• If you have a history of substance or alcohol abuse
• Your social media activity
• Whether you have a criminal background

Child Injury Attorneys in South Carolina 

Seeking Legal Guidance for Child Injuries

When a child is injured due to the carelessness of another, the emotional and financial strain on a family can be immense. Navigating the legal system to seek compensation for medical care and other related costs is a complex process. 

In South Carolina, families have legal avenues to pursue justice, but doing so requires a clear understanding of state laws and procedures. Securing representation from an advocate who is committed to a family’s well-being is a critical first step.

The primary goal of a legal claim is to help cover the child’s past, present, and future needs, including medical bills, rehabilitation, and emotional support. A family’s focus should be on the child’s recovery, while their legal advocate handles the complexities of the case. This includes everything from communicating with insurance adjusters to gathering crucial evidence and representing the family in court.

Understanding South Carolina Child Injury Law

The legal landscape for child injury cases in South Carolina has specific rules that differ from those for adults. The law recognizes that a minor cannot file a lawsuit on their own behalf. Instead, a parent or legal guardian must act as a “guardian ad litem” to pursue the claim. This is a formal role that an attorney can help establish.

A crucial aspect to understand is the statute of limitations. For most personal injury claims in South Carolina, the time limit is three years from the date of the incident. However, this rule is different for minors. The clock is “tolled,” or paused, until the child reaches the age of 18. This means a minor has until their 19th birthday to file a lawsuit for an injury that occurred during their childhood. This extension does not apply to all cases, particularly those involving government entities or medical malpractice, where the deadlines are much shorter.

Common Scenarios for Child Injury Claims in South Carolina

Children can suffer serious injuries in various situations. Vehicle accidents are a frequent cause, whether the child is a passenger, pedestrian, or bicyclist. In these instances, the driver or another responsible party may be held liable for their negligence. Premises liability claims are also common, where an injury occurs on someone else’s property, such as a private home, a retail store, or a public park. This can include injuries from a defective playground or an unsecured swimming pool.

Defective products, such as unsafe toys, car seats, or other children’s equipment, can also lead to life-altering injuries. In these product liability cases, the claim may be directed at the manufacturer, distributor, or seller of the item. Injuries that occur at school, in a daycare setting, or during supervised activities can also be a basis for a claim, often involving complex issues of supervision and institutional responsibility.

The Role of a Dedicated Advocate for an SC Child Injury Case

A legal representative in these cases provides dedicated representation for the family. They handle the entire process, allowing parents to concentrate on their child’s health and recovery. This work begins with a thorough investigation to determine what happened and who is at fault. It involves collecting and preserving evidence, such as medical records, witness statements, and photographs of the scene.

Your legal advocate will also manage all communication with the at-fault party’s insurance company. These negotiations can be challenging, and a representative with a comprehensive grasp of legal procedures can help ensure that the family’s rights are protected and that they are not taken advantage of. The goal is to pursue a resolution that adequately compensates the child for their current and future needs.

What to Look for in a Legal Representative

When selecting an attorney for your child’s case, it’s important to find a representative who has a background in handling similar claims. Look for a person who demonstrates a deep knowledge of South Carolina’s specific laws and a long history of representing families in personal injury cases. A representative’s commitment to clear and consistent communication is also vital, as they should be able to explain the process in simple terms and keep you informed every step of the way.

Consider an advocate with a strong record of obtaining favorable outcomes for their clients. During an initial consultation, you can ask questions about their approach to managing cases, their philosophy on client support, and how they handle the legal and emotional aspects of these matters. A legal team that shows compassion and a genuine understanding of your family’s situation will make the process easier to navigate.

Navigating the Legal Process

The journey of a child injury claim typically begins with a consultation to review the details of the incident. From there, your legal representative will conduct their investigation and prepare to file a formal complaint or engage in negotiations with the insurance company. It’s common for cases to be resolved through a settlement, but if a fair offer is not made, the case may proceed to litigation. Any settlement for a minor child exceeding a certain amount in South Carolina requires court approval to ensure the settlement serves the child’s best interests. This is a critical legal protection for minors.

Families in South Carolina who are facing the aftermath of a child’s injury are not alone. The legal system provides a path to seek accountability and financial relief. By acting promptly and finding a dedicated advocate, you can help secure a more stable future for your child.

Mold Injury Lawyers in South Carolina 

Mold can develop in homes and other buildings due to water leaks, flooding, or persistent moisture. While some mold is not a health threat, certain types can cause various health issues in people who are sensitive to it or have prolonged exposure. These issues may include respiratory problems, allergic reactions, or other physical symptoms.

When mold growth is present in a property, it can lead to disputes between tenants and landlords or between homeowners and builders. Navigating these situations often requires an understanding of the legal principles that may apply. In South Carolina, a person harmed by mold might have grounds for a claim based on concepts like negligence or premises liability.

Legal Concepts for Mold Injury Claims in South Carolina

A legal claim for a mold-related injury often falls under the category of personal injury or toxic tort law. The foundation of such a claim is typically a showing of negligence. This requires demonstrating that a property owner or other responsible party had a duty to keep the premises safe, failed in that duty, and that this failure directly resulted in harm.

For tenants, South Carolina law generally requires landlords to maintain a property in a “fit and habitable” condition. If a landlord is notified of a moisture problem and fails to address it within a reasonable time, leading to mold growth and subsequent injury, they may be found to have breached this duty. For homeowners, a claim might involve a builder who failed to use proper construction methods, resulting in water intrusion and mold.

The Attorney’s Role in a Case 

A lawyer’s role in a mold-related injury case is to provide guidance through the legal process. They can assist with several critical steps, including a detailed investigation of the situation. This involves collecting evidence, such as photographs of the mold, maintenance records, and any communications with the property owner about the issue.

An attorney can also help a person understand the type of legal claim they might pursue and the potential legal avenues available. They can help gather medical records to document health issues attributed to the mold and communicate with insurance companies on the client’s behalf. In a legal setting, they can prepare and present the case to a court or negotiate a resolution.

Building a Legal Case for Mold Injuries in SC

Establishing a connection between mold exposure and a person’s health issues is a key part of any claim. This often involves documenting symptoms, visiting a doctor, and securing professional opinions. The process of building a case can include getting opinions from environmental or medical professionals to help determine the source of the mold and its potential effects.

Gathering this information can take time and requires attention to detail. Documents such as medical bills, proof of lost wages, and receipts for temporary housing can be crucial in showing the full extent of the harm suffered. Legal representation can help ensure that all relevant evidence is systematically collected and organized to support the claim.

Damages and Compensation

If a mold injury claim is successful, the injured party may be able to recover various forms of compensation. This can include economic damages, which cover monetary losses like medical expenses, lost wages, and costs for property damage or remediation. Non-economic damages, such as compensation for pain and suffering or emotional distress, may also be available.

The amount of compensation can vary significantly depending on the circumstances of each case, including the severity of the injuries and the strength of the evidence. It is important to note that the law has time limits, known as statutes of limitations, for filing these types of lawsuits. Consulting with an attorney can help ensure a claim is filed within the appropriate timeframe.

What to Look for When Hiring a Personal Injury Attorney

Here are some of the most important questions to ask a personal injury lawyer you are considering hiring:

• How many years have you been practicing?

Every lawyer was new at some point, but you probably do not want to put your claim in the hands of someone who is fresh out of law school. Ideally, you want to work with an attorney who has been around for a while. Now, more experience does not necessarily equate to better representation. Be sure to check out their ratings and reviews as well to find out what others say about the representation the firm has provided in the past.

• What percentage of your practice is devoted to personal injury law?

Personal injury is a very complex area of the law that encompasses countless different types of accidents and events. Preferably, you want to work with a firm that focuses primarily (or exclusively) on personal injuries.

• How many cases like mine has your firm handled in the past?

An attorney or firm that is primarily focused on personal injury law will most likely have dealt with a wide range of cases, and chances are, they will have handled a case like yours. Ask this question anyway though so you can find this out for sure. Confirm that they are familiar with your situation, and also be sure to ask about the outcome of prior cases like yours. Ultimately, you are looking for a firm with a successful track record securing favorable outcomes for other clients who have been in your shoes.

• How often do you take cases to trial?

This is a very important question to ask. While it is generally preferable to settle a claim before it goes to trial, your lawyer should have extensive litigation experience and the proven ability to successfully try the case. If a lawyer never goes to trial, then the other side has no incentive to offer you a reasonable settlement. This means that you will probably end up having to settle for far less than you deserve.

• Will you be able to dedicate the resources necessary to bring my case to a successful conclusion?

Along the same lines as the previous question, you need to get a feel for how much energy the firm will put into your case. With some firms, a case may fall to the bottom of the priority list when unexpected complications arise, and this where experience and focus make the difference. You want to work with a lawyer and legal team that understands and anticipates obstacles, knows how to overcome them, and is committed to winning your case.

During the injury claims process, there are a lot of potential pitfalls, and a single misstep can jeopardize your ability to recover the just compensation you deserve. Here are five crucial mistakes you should avoid making while you are pursuing a personal injury claim:

• Delaying Medical Treatment

Any time you are involved in an accident, you should get medical treatment right away, even if you do not feel like you are injured. Sometimes, the adrenaline rush during the heat of a traumatic event masks the effects of an injury, and you may not start to feel it until several hours or even a few days later. Whether your injuries are minor or severe, they must be evaluated by a medical professional and fully documented so you can prove a causal relationship between them and the accident or event they resulted from. You also have a legal duty to mitigate your losses from a personal injury, and this means getting treated for your injuries as early as possible.

During the coronavirus pandemic, getting proper medical care has been an issue. It is not so much that the hospitals and clinics lack the capacity, it is more that injury victims are understandably apprehensive about seeing a doctor with the possibility of COVID-19 patients being in the facility. It is important to understand, however, that medical facilities are taking every reasonable precaution to keep their patients safe. For example, everyone is wearing masks, surfaces are continually sanitized, and patients are kept at least a 6-foot distance from each other. Although there is always a slight risk of catching a virus when you go out, the risks are much greater if you do not get the medical treatment you need.

• Exaggerating or Embellishing your Accident or Injuries

It may be tempting to exaggerate the severity of the accident and/or the extent of your injuries, but this is always a bad idea. If you fail to tell the truth, you will always be trying to keep your story straight, which could come back to haunt you later on. Keep in mind that insurance companies are large organizations whose goal is to pay you as little as possible for your injuries. They have well-funded investigative teams, and they are very good at uncovering any information that is available that might help their case and hurt yours.

• Signing a Release from the Insurance Company

Be very careful about any paperwork you are asked to sign from the insurance company. For example, you may be asked to sign a medical release, and it may be presented to you as a “formality” that is needed to get your medical bills paid and move forward with your claim. The problem is that the fine print within the release might give the insurer the right to look at your entire medical history, and the only reason they would want to do that is to uncover something that can be used to claim that the injury you suffered did not result from the accident their client caused.

• Handling the Case on your Own

At the risk of sounding self-serving, we believe there is a strong case to be made for hiring an attorney to handle your personal injury claim rather than trying to do it on your own. As we talked about earlier, the insurance company dedicates their vast resources toward ensuring that their losses are mitigated, and their interests are not aligned with yours. With so much at stake, it is extremely important to have a strong legal advocate in your corner who is looking out for your best interests. An experienced personal injury attorney will be able to handle all the complexities involved with your case from start to finish and give you advice and counsel along the way. Having a lawyer with proven litigation experience will also show the insurance company that you are serious about going to trial if necessary, and this factor alone will most likely motivate them to give you a much better settlement offer than you would otherwise receive.

• Discussing your Case with Anyone other than Your Attorney

Under no circumstance should you discuss your personal injury claim with anyone other than your lawyer. This includes the other party (or parties) involved, representatives from the insurance company, or even your best friend. One mistake far too many people make is to continue being active on social media while they are in the middle of a personal injury claim. But as we mentioned previously, insurance companies have professional investigators who are very good at uncovering social media posts that might be damaging; such as comments you make about the accident or photos of you and your family relaxing and enjoying a vacation. Take a break from social media for a while, and do not talk about your case with anyone other than your attorney.

We also handle personal injury cases in Lexington, SC

Medical Malpractice in Columbia, SC

Medical malpractice in Columbia, SC is a serious issue that can have devastating consequences for patients and their families. In Columbia, South Carolina, as in other parts of the country, victims of medical negligence have the right to seek justice and compensation for the harm they’ve suffered. Understanding what constitutes medical malpractice, the legal process involved, and the potential outcomes is crucial for anyone who believes they may have been a victim.

At its core, medical malpractice occurs when a healthcare professional or institution deviates from the accepted “standard of care,” resulting in injury or harm to a patient. The standard of care refers to the level of skill and care that a reasonably prudent healthcare provider would have used in the same or similar circumstances. It’s not simply about an unfavorable outcome, but rather about whether the healthcare provider’s actions or inactions fell below what is considered professionally acceptable.

This definition applies to a wide range of medical professionals, including doctors, nurses, surgeons, dentists, pharmacists, and even hospitals or clinics. If their negligence directly causes an injury or worsens a condition that otherwise would have been prevented or treated effectively, it may be considered medical malpractice.

Common Types of Medical Malpractice in Columbia, SC

Medical malpractice can manifest in many forms. Some of the most common types of claims seen in Columbia, South Carolina, include:

• Misdiagnosis or Delayed Diagnosis: This occurs when a healthcare professional fails to correctly identify a patient’s condition, or delays in doing so, leading to a worsening of the illness or a missed opportunity for timely treatment. For example, a delayed cancer diagnosis can have severe consequences.
• Surgical Errors: Mistakes made during surgery are a significant source of malpractice claims. This can include operating on the wrong body part, leaving surgical instruments inside a patient, causing unintended damage to organs or nerves, or errors in administering anesthesia.
• Medication Errors: These can involve prescribing the wrong medication, the incorrect dosage, failing to check for dangerous drug interactions or allergies, or errors by pharmacists in dispensing prescriptions.
• Birth Injuries: Negligence during labor and delivery can lead to serious injuries to both the mother and the baby, such as cerebral palsy, Erb’s palsy, or other neurological damage.
• Emergency Room Errors: The fast-paced and high-stress environment of an emergency room can sometimes lead to mistakes, including delayed treatment, misdiagnosis, or improper patient management.
• Hospital Negligence: Hospitals can be held liable for the negligence of their staff, inadequate staffing, failure to maintain proper hygiene (leading to infections), or faulty equipment.
• Lack of Informed Consent: Patients have the right to be fully informed about the risks, benefits, and alternatives of a proposed treatment before agreeing to it. If a healthcare provider fails to obtain proper informed consent, and the patient is harmed as a result of risks they were not made aware of, it could be grounds for a claim.

Proving Medical Malpractice in South Carolina

To successfully pursue a medical malpractice claim in South Carolina, a plaintiff must generally prove four key elements:

1. Duty of Care: This establishes that a doctor-patient relationship existed, meaning the healthcare provider owed a professional duty to the patient. This is usually straightforward to prove.
2. Breach of Duty (Negligence): This is often the most challenging element to prove. It requires demonstrating that the healthcare provider’s actions or inactions fell below the accepted standard of care. This typically involves complex medical information and almost always necessitates the testimony of a qualified medical expert. The expert will explain what a reasonably prudent healthcare provider would have done in similar circumstances and how the defendant deviated from that standard.
3. Causation: The plaintiff must prove that the healthcare provider’s breach of duty was the direct cause of their injury or harm. It’s not enough to show that a mistake was made; it must be shown that the mistake directly led to the negative outcome.
4. Damages: Finally, the patient must demonstrate that they suffered actual damages as a result of the injury, such as physical pain, mental anguish, additional medical expenses, lost wages, or a reduced quality of life.

The Legal Process in Columbia, SC 

Navigating a medical malpractice claim in South Carolina involves specific procedural steps:

• Notice of Intent to File Suit: Before filing a lawsuit, the patient must provide the healthcare professional with a “Notice of Intent to File Suit.” This notice must name all at-fault parties and include a brief statement of the facts supporting the claim.
• Expert Witness Affidavit: Accompanying the Notice of Intent, the plaintiff must also submit an affidavit from a qualified medical expert witness. This affidavit must state that the expert believes there was a breach of the standard of care and outline the factual basis for that belief. The expert must be licensed and have the necessary professional knowledge and experience in the relevant medical field.
• Mandatory Mediation: After the Notice of Intent is served, all parties are typically required to participate in a mediation conference within 90 to 120 days. The goal of mediation is to try and resolve the dispute outside of court.
• Filing a Lawsuit: If mediation is unsuccessful, the patient can then file a formal medical malpractice lawsuit with the court. This must be done within 60 days after the mediation concludes or before the statute of limitations expires, whichever is later.

Statute of Limitations

In South Carolina, there is generally a three-year statute of limitations for medical malpractice claims. This means a lawsuit must be filed within three years from the date the injury occurred, or from the date the injury was discovered or reasonably should have been discovered. However, there are exceptions:

• For claims against governmental facilities (funded in whole or in part by the state), the statute of limitations is typically two years.
• For minors harmed by malpractice, they may have up to seven years to file a claim, or until their 18th birthday, whichever comes first.

These time limits are critical, as missing the deadline can result in the loss of the right to pursue a claim.

Damages in Medical Malpractice Cases

If a medical malpractice claim is successful, the injured patient may be entitled to various types of damages, including:

• Economic Damages: These are quantifiable financial losses, such as:
  • Past and future medical expenses (hospital bills, doctor visits, medications, rehabilitation).
  • Lost income (wages lost due to inability to work).
  • Loss of future earning capacity.
  • Costs of necessary home modifications.
• Non-Economic Damages: These are less tangible losses, but are still very real and significant, such as:
  • Pain and suffering.
  • Emotional distress and mental anguish.
  • Loss of enjoyment of life.
  • Disfigurement or permanent disability.

South Carolina law does place limits or “caps” on non-economic damages in medical malpractice cases. As of recent adjustments, the cap on non-economic damages is typically $350,000 per healthcare provider found liable, with a total cap of $1.05 million for multiple defendants. These caps are adjusted for inflation. It’s important to note that these caps generally do not apply to economic damages, which can be unlimited. Additionally, the caps may not apply in cases of fraud, misrepresentation, or if medical records were altered to avoid a claim.

Seeking Legal Counsel in Columbia, SC

Medical malpractice cases are highly complex and challenging. They often involve intricate medical details, extensive documentation, and the need for expert testimony. Healthcare providers and their insurance companies typically have substantial resources to defend against such claims.

For these reasons, anyone in Columbia, SC, who suspects they have been a victim of medical malpractice should strongly consider consulting with an experienced medical malpractice attorney. A knowledgeable lawyer can:

• Evaluate the specifics of the case and determine if it meets the criteria for medical malpractice.
• Help gather necessary medical records and other evidence.
• Identify and secure qualified medical expert witnesses.
• Navigate the strict procedural requirements and deadlines.
• Negotiate with insurance companies.
• Represent the client in mediation or in court, if necessary.

While the legal process can be daunting, a medical malpractice attorney can provide the necessary guidance and advocacy to help victims of medical malpractice in Columbia, SC, seek the compensation and justice they deserve.