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Darlington, SC Personal Injury Lawyer
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    Darlington, SC Personal Injury Lawyer

    Turn to our lawyers for help proving all mandatory elements of a personal injury case and recovering the damages you deserve from whoever is liable for your injuries.

    We can work hard to prove the negligent party owed you a duty of care and breached it, directly causing your injuries and losses. We may use a combination of eyewitness testimony, photographs, video footage, and medical records to prove your case. Our goal will be to obtain compensation for all economic and non-economic damages resulting from negligence, whether through a settlement or a trial award.

    For the free case evaluation that you need, call the personal injury lawyers of Burriss Ridgeway Injury Lawyers at (803) 451-4000.

    What Do You Have to Prove in a Personal Injury Case in Darlington, SC?

    Specific elements must be present in a personal injury case. Otherwise, a defendant might not be found liable, and a victim might go uncompensated.

    Duty of Care

    The first element that must be established in a personal injury claim is the duty of care. The defendant must have owed a duty of care to the plaintiff at the time of injury. Whether you know it or not, another party may have a legal obligation to act reasonably and with your safety in mind in any given situation.

    For example, anyone behind the wheel of a car owes others on the road a duty of care to drive safely. A property owner who invites guests to their home owes a duty to warn guests about potential hazards and to address them to prevent injury.

    Duty Breach

    After establishing that the defendant owed you a duty of care, we must show how they breached it. Duty breaches can be any action or inaction that contradicts one’s duty of care. Driving without headlights at night, failing to address tripping or slipping hazards on a property, or manufacturing a defective and unsafe product may all constitute breaches of duty. Even if the breach does not seem overt, you may still be able to sue another party for their negligence.

    Causation

    The next step is proving that you sustained your injuries directly because of the defendant’s duty breach. Breaching a duty of care alone does not create liability unless our personal injury lawyers can show that the duty breach was the proximate cause of your injuries.

    Damages

    The final step is proving the damages you suffered as a result of the accident. Injury victims often incur medical bills, lost wages, additional economic damages, and non-economic damages, all of which may be compensable at the end of a personal injury lawsuit in South Carolina.

    What Evidence Helps You Prove Fault in a Personal Injury Case?

    You need the right evidence to prove fault or compel a large enough settlement, and our attorneys can help you gather it in preparation for your case.

    Eyewitness Testimony

    Eyewitness testimony can help us prove multiple elements of a personal injury lawsuit. Eyewitnesses can speak about anything they witnessed firsthand, such as the defendant’s presence at the scene, the defendant’s negligent conduct, the victim’s immediate injuries, and the victim’s lack of negligence.

    Photographs

    Photographs may allow us to reconstruct an accident and preserve the immediate fallout. We may use the photos you took at the scene as evidence in your injury lawsuit, so take plenty of pictures if you are able. We may get more photos from police officers who responded to the scene or eyewitnesses who were nearby.

    Footage

    Depending on the clarity, video footage is strong evidence. Footage might capture the exact sequence of events leading up to an accident, as well as other useful information for our lawyers. Footage can come from multiple sources, such as on-site or nearby surveillance cameras, eyewitnesses’ personal devices, and doorbell or dashboard cameras.

    Medical Records

    You need medical records to prove injury in a personal injury lawsuit. Medical records may be most valuable when you seek immediate treatment for an injury. Waiting to go to the hospital could only exacerbate the injury and worsen your damages, so do not delay this step.

    Proof of Damages

    We need proof of damages to document your exact losses resulting from negligence. Proof of damages includes bills from hospital stays and specialist appointments, pre-injury income records to calculate lost wages, and the victim’s testimony describing their pain and suffering.

    Answering Top Personal Injury FAQs

    What Economic Damages Can You Get for an Injury?

    For a personal injury, you may recover medical expenses, lost wages, and additional out-of-pocket economic damages in South Carolina.

    What Non-Economic Damages Can You Get for an Injury?

    Pain and suffering are associated with most injuries, meaning you can most likely get non-economic damages for a personal injury. How much compensation you get for intangible damages depends on the severity of the injury and the change in your quality of life.

    When Can You Get Punitive Damages for an Injury?

    You may get punitive damages for an injury caused by wanton, willful, or reckless conduct, such as drunk driving. Punitive damages are capped at the greater of $500,000 or 3 times the amount of compensatory damages, and are only available if you go to trial, not if you settle.

    How Long Do You Have to Get Damages for an Injury?

    You have 3 years after an accident to file your compensation claim. How long a lawsuit takes after it has been filed depends entirely on the case and the parties involved.

    Can You Get Enough Damages by Settling Your Personal Injury Case?

    You may get enough damages by settling your personal injury case, but not if you settle too quickly into negotiations. Ensure a settlement is large enough by comparing it to our calculations of your damages.

    Contact Our Personal Injury Attorneys for Help in Darlington, SC

    Discuss your case for free with our personal injury lawyers when you call Burriss Ridgeway Injury Lawyers at (803) 451-4000 today.

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    Results

    $11 Million
    Confidential settlement regarding a father of three that was catastrophically injured at his workplace when he was the victim of negligent acts committed by a corporate defendant that placed him in danger.
    Confidential settlement regarding a father of three that was catastrophically injured at his workplace when he was the victim of negligent acts committed by a corporate defendant that placed him in danger.
    $8.5 Million
    Client’s husband was struck and killed by a speeding driver working for a South Carolina corporation who was in the course and scope of his employment at the time of the crash. The decedent left behind a spouse and three children.
    Client’s husband was struck and killed by a speeding driver working for a South Carolina corporation who was in the course and scope of his employment at the time of the crash. The decedent left behind a spouse and three children.
    $6.2 Million
    Client was struck and killed by a commercial vehicle that was distracted at the time of the crash. The event occurred on a rural South Carolina roadway. Claims were brought against the driver as well as the corporation.
    Client was struck and killed by a commercial vehicle that was distracted at the time of the crash. The event occurred on a rural South Carolina roadway. Claims were brought against the driver as well as the corporation.
    $6 Million
    The Plaintiff was injured as a result of a failing component of a commercial motor vehicle that fell from the vehicle into the roadway. The Plaintiff brought claims against the owner and operator of the tractor trailer as well as the manufacturer of the vehicle.
    The Plaintiff was injured as a result of a failing component of a commercial motor vehicle that fell from the vehicle into the roadway. The Plaintiff brought claims against the owner and operator of the tractor trailer as well as the manufacturer of the vehicle.
    $5 Million
    The client’s child was killed in a crash involving a trucking company. Claims were brought against both the trucking company and the owner of the faulty equipment that was unsafe for use on the roadway.
    The client’s child was killed in a crash involving a trucking company. Claims were brought against both the trucking company and the owner of the faulty equipment that was unsafe for use on the roadway.
    $4.1 Million
    The Plaintiff was injured as a result of a refrigeration system that malfunctioned, spraying ammonia gas into the Plaintiff's face. As a result of this event, the Plaintiff sustained significant vision loss. The Plaintiff brought claims against his employer and the manufacturer of this system.
    The Plaintiff was injured as a result of a refrigeration system that malfunctioned, spraying ammonia gas into the Plaintiff's face. As a result of this event, the Plaintiff sustained significant vision loss. The Plaintiff brought claims against his employer and the manufacturer of this system.
    $2 Million
    The Plaintiff was injured while riding his motorcycle when he collided with another vehicle. This event occurred in the city of Columbia and the Plaintiff sustained significant bodily injury resulting in extensive medical expenses and permanent injury.
    The Plaintiff was injured while riding his motorcycle when he collided with another vehicle. This event occurred in the city of Columbia and the Plaintiff sustained significant bodily injury resulting in extensive medical expenses and permanent injury.
    $1.8 Million
    The Plaintiff was injured when he was rear-ended by a tractor trailer on Interstate 20. The Plaintiff brought claims against the owner and driver of the tractor trailer for his injuries relate to his lower back.
    The Plaintiff was injured when he was rear-ended by a tractor trailer on Interstate 20. The Plaintiff brought claims against the owner and driver of the tractor trailer for his injuries relate to his lower back.
    $1.5 Million
    The Plaintiff sustained significant injury when she was attacked by a dog while performing repairs on a rental property. The Plaintiff was at the rental property as part of her employment with a rental management agency. She was attacked by the animal and sustained permanent nerve damage in her legs.
    The Plaintiff sustained significant injury when she was attacked by a dog while performing repairs on a rental property. The Plaintiff was at the rental property as part of her employment with a rental management agency. She was attacked by the animal and sustained permanent nerve damage in her legs.
    $1.3 Million
    The Plaintiff was killed as a result of a collision with a logging truck that had been improperly loaded by a timber harvester. The proceeds of the settlement were funded by both the timber harvester and the owner of the logging truck.
    The Plaintiff was killed as a result of a collision with a logging truck that had been improperly loaded by a timber harvester. The proceeds of the settlement were funded by both the timber harvester and the owner of the logging truck.
    $1.5 Million
    The Plaintiff underwent surgery to her neck as a result of injuries sustained when she was struck on the head by a piece of loading equipment at her job. The Plaintiff was employed by a national retailer and was engaged in stocking shelves when the piece of equipment failed. After settling her workers' compensation claim, the Plaintiff brought a claim against the manufacturer of this equipment.
    The Plaintiff underwent surgery to her neck as a result of injuries sustained when she was struck on the head by a piece of loading equipment at her job. The Plaintiff was employed by a national retailer and was engaged in stocking shelves when the piece of equipment failed. After settling her workers' compensation claim, the Plaintiff brought a claim against the manufacturer of this equipment.
    $1.1 Million
    The Plaintiff brought a claim against a local medical facility for a false positive HIV reading. As a result of this false positive, the Plaintiff lived for 4½ years believing that she had the virus which leads to what she feared was an eventual AIDS diagnosis.
    The Plaintiff brought a claim against a local medical facility for a false positive HIV reading. As a result of this false positive, the Plaintiff lived for 4½ years believing that she had the virus which leads to what she feared was an eventual AIDS diagnosis.
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