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Shealey Law Firm is a Columbia personal injury lawyer handling a wide range of cases.
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Personal Injury Lawyer in Columbia, SC
When you’re hurt because of the actions of others, you can hire a personal injury lawyer to claim compensation. They can represent you in a claim for your injuries.
Shealey Law Firm is a personal injury lawyer serving Columbia, SC, and the nearby region. Call or message us to learn more and get legal help.
When Do You Hire a Columbia, SC Injury Lawyer?
You may hire a Columbia, SC injury lawyer when:
- You’re hurt in an accident, and someone else is at fault because of their actions.
- An injury occurs because of inaction—someone should have done something they failed to do so.
- Someone hurts you on purpose.
It’s okay if you don’t know all the details when you contact us. We can investigate what happened.
What Types of Personal Injury Cases Do Columbia Lawyers Handle?
Columbia, SC personal injury lawyers handle the following:
- Car accidents, truck accidents, pedestrian accidents, and motorcycle accidents
- Slip and fall
- Injuries due to dangerous property conditions
- Animal attacks, dog bites
- Amusement park, sports, and recreation incidents
- Boating and aviation accidents
- Drunk driving causing injury (representing the victim)
- Fires, electrical malfunctions, and electrocution
- Intentional harm (civil assault and battery claims)
- Wrongful death, personal injury causing death
Why Local Experience Matters in Columbia Personal Injury Claims
When it comes to getting compensated for a personal injury, an attorney’s local experience matters. A local lawyer knows how cases are handled in the court hearing your case. Their insights can make the claims process easier and boost your results.
We may assist you if:
- The injury occurs in the Columbia, SC area.
- You are from Columbia, SC, and you are injured elsewhere.
- You are hurt while visiting the region.
- A family member is hurt.
When you choose Shealey Law Firm, you have the backing of a Columbia personal injury attorney with a history of success.
Columbia, SC, Courts for Personal Injury
Personal injury claims are heard in civil court. A personal injury claim isn’t a criminal charge—the state doesn’t bring the case. Instead, the person who is hurt brings the compensation claim. The injured person starts their own claim and manages the legal process.
Court of Common Pleas
In South Carolina, most personal injury claims are heard in the South Carolina Circuit Courts. Circuit Courts also hear criminal cases, but the court is split into separate divisions. The civil division is the Court of Common Pleas; the criminal division is the Court of General Sessions. If you have a personal injury case in Columbia, SC, you will likely file it in the Circuit Court, Court of Common Pleas.
There are 16 judicial circuits in South Carolina. They are grouped by county, with up to five counties sharing a single circuit.
Personal Injury Court Locations in Columbia, SC
Columbia, SC, includes parts of Richland, Lexington, and Kershaw Counties. The Circuit Court locations are:
Richland County Courthouse – 5th Circuit (grouped with Kershaw)
1701 Main Street
#205
Columbia, SC 29201
Kershaw County Courthouse – 5th Circuit (grouped with Richland)
1121 Broad Street
Room 313
Camden, SC 29020
Lexington – 11th Circuit (grouped with Saluda, Edgefield, and McCormick Counties)
205 E. Main Street
Lexington, SC 29072
Jurisdiction for personal injury in South Carolina
If your personal injury case seeks more than $7,500, it will likely be filed in one of the Columbia, SC-area Circuit Courts. But court jurisdiction and venue can depend on multiple factors, such as where the accident occurred and where the defendant is located. Our Columbia personal injury lawyers determine where to file our client’s case.
Magistrate courts
Claims seeking less than $7,500 may be heard in a South Carolina Magistrate Court. Magistrate courts handle less serious matters, including personal injury, criminal offenses, landlord-tenant, and property claims.
There are many magistrate courts in the Columbia, SC, area:
Magistrate courts in Richland County, SC
Magistrate courts in Lexington County, SC
Magistrate courts in Kershaw County, SC
Places where personal injuries can occur in Columbia, SC
Personal injuries happen when and where we least expect them.
- Schools, churches
- Homes
- Stores, shopping centers, grocery stores
- Movie theaters
- Hospitals, doctors’ offices, nursing homes, rehabilitation centers
- Office buildings like the Capitol Center, The Hub at Columbia, the Palmetto Building
- BullStreet District
- Public buildings, including the South Carolina State House, South Carolina State Museum, and municipal buildings
- The Village at Sandhill, other retail and entertainment centers
- Sporting venues like Colonial Life Arena, Williams-Brice Stadium, Founders Park (Carolina Coliseum), Segra Park, and more
- Concert venues like the Kroger Center for the Arts
- Apartment complexes, including The Heritage, Senate Plaza Apartments, Capstone, and more
- Amusement parks like Waterfall Junction, Palmetto Falls Water Park, Summit Adventure West Columbia, Frankie’s Fun Park, Neptune Island Waterpark
A personal injury claim can be based on a dangerous property condition. The location where the accident occurred, the property condition, and ownership can all be important questions in determining your right to compensation.
Where accidents occur in Columbia, SC
Locations where motor vehicle accidents commonly occur in Columbia, SC, include the following:
- U.S. Route 378, including at I-77 and Jarvis Klapman Blvd
- I-77 @ the I-26 exchange
- I-26 @ the I-20 interchange
- Trenholm Rd @ Beltline Blvd
- Rosewood Dr @ Beltline Blvd
- Blossom St @ Pickens Street, Blossom St @ Assembly St
- George Rogers Blvd @ Rosewood Dr
- West Beltline Blvd @ Colonial Dr
- Colonial Dr @ Bull St
- Duke Ave @ SC 215
- SC 215 @ N Main Street
- U.S. Highway 321 @ Johnson Ave, Columbia College Dr.
- Harden St @ Santee Ave, Harden St @ Greene St, the Five Points Area
- U.S. Route 1 (Gervais Street) @ 321 (Huger St) and Assembly Street near the South Carolina State House
How South Carolina Law Impacts Your Personal Injury Case
South Carolina personal injury law outlines the following:
- Negligence (lack of reasonable care) can be the basis of a personal injury claim. It doesn’t have to be intentional.
- If you’re hurt because of negligence, recklessness, or intentional conduct of another, you may deserve compensation.
- Even if you’re partially at fault, you may have a claim. But remember, you’re not necessarily at fault just because the defense says so.
- To receive compensation, you must bring a claim.
- The purpose of compensation is to reflect losses and harm. This can include both economic and non-economic losses.
- You may hire an attorney to represent you for a personal injury claim in Columbia, South Carolina.
Personal injury is a broad term. It means someone being legally responsible for someone else’s injury. Within the different types of personal injury—car accidents, animal attacks, slip and fall, etc.—there are different elements to prove and legal standards that apply. Our Columbia, SC, personal injury lawyers know the law for the various types of personal injury claims. We build the evidence to prove each element of your case.
Understanding South Carolina Personal Injury Law
South Carolina personal injury law comes from a mix of statutes and common law. Statutes are laws passed by the South Carolina legislature. In South Carolina, they’re called the South Carolina Code of Laws. Common law is created by judges as they decide cases. When a case has a unique issue, the judge explains what the law is for that particular situation.
South Carolina personal injury laws include the following:
Negligence
The elements of tort are duty, breach of duty, proximate causation, and injury. A duty is the obligation to act in a certain way toward another. This usually means being reasonable in avoiding hurting someone else. A breach of duty by act or omission is negligence. A law can create a duty of care, but violating a written law or regulation is not required in all personal injury claims.
Shipes v. Piggly Wiggly St. Andrews, Inc., 269 S.C. 479 (1977).
Comparative negligence
Compensation for an injured person may be reduced if they share fault for their own injuries. Comparative negligence is the term for shared fault. Compensation is reduced for the percentage below 51%, of the plaintiff’s own fault. If the jury finds that the plaintiff is 51% or more at fault, the plaintiff does not recover compensation. The jury determines comparative fault.
SC Code § 15-38-15, Nelson v. Concrete Supply Co., 303 S.C. 243 (1991).
Causation
In personal injury, the defendant’s actions must be the cause of the victim’s injury. The defendant’s actions must be significantly linked to the chain of events that caused the harm. Proximate cause means the injury wouldn’t have happened except for the defendant’s negligence. Legal cause is about the foreseeability of the harm.
Rush v. Blanchard, 310 S.C. 375 (1993).
Damages
Damages are the compensation payable to a personal injury victim. Economic damages are financial losses, including medical care, loss of income, loss of employment, and other monetary losses. Non-economic damages represent the pain, suffering, impairment, anguish, and loss of society that accompany a personal injury. The South Carolina Noneconomic Damage Awards Act of 2005 limits non-economic damage awards in medical malpractice claims.
Harper v. Bolton, 239 S.C. 541 (1962).
Product liability
Someone who sells a product in a defective condition that is unreasonably dangerous to the consumer may be liable for harm.
S.C. Code § 15-73-10, et. all.
Medical malpractice
Medical malpractice in South Carolina is doing what a reasonable healthcare provider wouldn’t do or failing to do what a reasonable healthcare provider would do. It’s specific to the local standard of care, including in Columbia, SC.
S.C. Code § 15-79-110, et. all.
Wrongful death
Family members who have lost a loved one may claim for wrongful death. A claim is based on whether the victim would have had a personal injury claim if they had survived. Damages focus on losses to the family.
S.C. Code § 15-51-10 et. all.
Exemplary (punitive) damages
Exemplary (punitive) damages may be awarded in cases of serious defendant misconduct. Exemplary damages don’t compensate the victim for losses. Instead, they punish the defendant and deter others from similar misconduct. Punitive damages may be awarded if there is clear and convincing evidence that the injury resulted from the defendant’s willful, wanton, or reckless conduct.
S.C. Code § 15-32-520
Statute of limitations
A plaintiff must start a personal injury claim within three years. Medical malpractice claims must be started within three years of the date of treatment or discovery, or reasonable discovery, and not more than six years from the date of occurrence.
Note: Always talk to an attorney about the statute of limitations. There are additional exceptions to those listed here, and determining the limit that applies to your case can be complex.
S.C. Code § 15-3-530, S.C. Code § 15-3-545
Contribution among tortfeasors
If a defendant is responsible for less than 50% of total fault, they are liable for only their percentage of individual damages. If the defendant is found half or more at fault for personal injury, they may be responsible to pay the entire amount, even if other defendants have fault.
S.C. Code § 15-38-15.
S.C. Tort Claims Act
The South Carolina Tort Claims Act applies when the defendant in a personal injury case is a unit of government.
S.C. Code § 15-78-10.
Other laws and legal issues
These are a few of the laws and legal issues that may be relevant in a personal injury claim. As personal injury lawyers, we identify areas of strength and issues that may be especially important as we build your case.
What To Expect When You Hire a Columbia Personal Injury Lawyer
When you hire Shealey Law Firm, you can expect us to make it easy. We know that you are contacting us at a difficult time. Count on us to answer your questions and guide you through the claim.
We’ll start by learning about what happened, and we’ll briefly explain how the law works.
You’ll meet our legal team. We’ll explain how to hire us and how we communicate with you during our representation, keeping you up to date on everything.
When you choose Shealey Law Firm, you have a team that you can trust. We’re ready to fight for your financial recovery.
How Much Is Your Personal Injury Case Worth?
The value of your personal injury case depends on several factors. Your financial losses and pain and suffering are large factors, along with the strength of the legal claim and insurance to pay compensation. Generally, the stronger the case and the greater your damages, the more your case is worth.
Shealey Law Firm is committed to aggressively fighting for client compensation. We invite you for a personalized consultation with a Columbia personal injury lawyer. During your review, we’ll give our opinion on what you might receive for your case. Then we’ll explain how we help clients maximize their monetary award.
Contact an Experienced Columbia Personal Injury Lawyer
If you have been hurt, we invite you to contact an experienced Columbia, SC, personal injury lawyer at Shealey Law Firm. We’re taking new cases now.
Frequently Asked Questions About Personal Injury Law in Columbia
How do I start a personal injury case?
A personal injury case starts by filing a summons and complaint in court. Sometimes, you can settle without filing a claim, but don’t count on this. The insurance company may be trying to stall so that time runs out. Talk to a lawyer right away.
Who starts a personal injury case?
The injured person who is seeking compensation starts the personal injury case. You may have your lawyer file the case.
Will my case go to trial?
Most personal injury cases don’t go to trial, but you have the right to a trial if you want one. At Shealey Law Firm, we resolve cases by both trial and settlement. What’s best depends on how you want to resolve the case and what’s needed to get the appropriate compensation.
What is the legal procedure in a personal injury case?
Legal procedure is the process of a case. It’s not the evidence itself. Instead, it’s the steps involved in bringing a case to court. It’s court documents and motions to file. It’s legal discovery and rules for the presentation of evidence. An important part of having a personal injury lawyer represent you is having professionals who know legal procedure.
How do I know if I have a personal injury claim?
When you’re evaluating if you have a personal injury claim, ask yourself what happened and whose fault it was. Is there another person or party responsible for the accident? Did someone do something or fail to do something unreasonable and dangerous? At first, you may not know what happened and why. We invite you to have a consultation with our Columbia, SC, personal injury lawyers.
What is a personal injury settlement?
A personal injury settlement is an agreement to resolve a personal injury case. The plaintiff and the defendant agree on the amount that the defendant will pay and the terms. When a personal injury settlement is signed and entered by the court, it is official, as if the jury had decided the case.
Do you represent children in personal injury claims?
Yes, we represent adults and children who need a Columbia personal injury lawyer. Children can be victims of personal injury. In fact, their injuries are often especially devastating. We represent the interests of children and pursue all ways for them to receive compensation.