David Proffitt David Proffitt is a trial lawyer who enjoys helping people who have been hurt by the negligent or wrongful acts of another person, a big corporation, or the government. He believes the civil justice system works as it should only when both parties – not just the one with more money – are represented by a determined, knowledgeable lawyer.

David’s practice focuses on the handling of personal injury and wrongful death cases, including those related to trucking accidents, automobile collisions, and medical malpractice. David also handles other complex litigation, including civil rights cases for injured prisoners. David also represents people seeking compensation through the National Vaccine Injury Compensation Program.

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David grew up in the mountains of western North Carolina, where the individual values of hard work, fair play and justice are still honored and taught. David soon learned those same values are shared by his fellow residents of the Palmetto State, where he has lived in the Greenville-Spartanburg, Charleston and Columbia areas since moving to South Carolina in 1988.

In private practice, David has worked at a small law firm and in a solo practice, where he represented individual plaintiffs in a wide variety of cases, including cases involving all types of personal injury, catastrophic injury, medical malpractice, product liability and workers compensation. David has helped injured persons win multi-million dollar verdicts or settlements.

If David represents you, he will get to know you personally, give you advice that you can trust, treat you with respect, and keep you informed about the progress of your case. In short, he will treat you the way he would want to be treated if he was the client, and he will give your case his very best effort.

David also has worked at one of the premier defense law firms in South Carolina. He represented Fortune 500 companies and Columbia area businesses – including financial institutions, hospital systems and insurance companies – in class action lawsuits, complex civil litigation and appeals. David gained firsthand experience about the strategies the legal teams at these companies will attempt to use when defending against class action lawsuits and other large claims. This experience aids his work protecting the rights of individuals living in the Carolinas whose cases involve these same types of businesses.

David graduated from the University of South Carolina School of Law in 1996. Following graduation, he served as a law clerk at the South Carolina Supreme Court, where he clerked for the Honorable John H. Waller, Jr., and the Honorable E.C. Burnett, III. David also worked as a staff attorney at the Supreme Court. At the University of South Carolina School of Law, David taught legal writing, analysis and research to first-year law students.

Before attending law school, David worked several years as a newspaper reporter, writing about all types of people and events. David was a reporter for the Spartanburg Herald-Journal (SC), the Summerville Journal Scene (SC) and the Morganton News Herald (NC). David wrote about crime stories, trials, local government, hospitals and healthcare issues and environmental issues, to name only a few. As a reporter, David had the privilege of meeting people from all walks of life, and writing about the events affecting their lives on a daily basis.

Read More Overview Experience Activities Overview

Education

University of South Carolina School of Law, Columbia, South Carolina

• J.D. cum laude, 1996
• Honors: Order of the Coif, Order of the Wig & Robe and Dean’s List
• Law Review: South Carolina Law Review, 1994-1996

University of South Carolina, Aiken, South Carolina

• B.A., 1986
• Honors: Campus newspaper Editor
• Major: Communications

Admissions

• South Carolina, 1996- North Carolina, 1997- U.S. Court of Federal Claims, 2019
• U.S. District Court Eastern District of North Carolina, 2008
• U.S. District Court Middle District of North Carolina, 2007
• U.S. District Court Western District of North Carolina, 2007
• U.S. Court of Appeals Fourth Circuit, 2000
• U.S. District Court of South Carolina, 2000- U.S. District Court of Nebraska, 2019- U.S. Court of Appeals Eighth Circuit, 2019

Practice Areas

• Bad Faith Insurance
• Class Action Lawsuits
• Construction Accidents- Dram Shop Drunk Driving Accidents
• Mass Tort Litigation
• Medical Malpractice
• Motor Vehicle Accidents
• Personal Injuries
• Slip and Fall Accidents
• Trucking Accidents
• Vaccine Injuries
• Wrongful Death

Experience

Experience

• Proffitt & Cox, LLP, Founding Partner 2009 – Present
• Haynsworth Sinkler Boyd, P.A., Associate Lawyer, 2006-2009
• Supreme Court of South Carolina, Law Clerk, 2003-2006
• Law Office of David Proffitt, Sole Practitioner, 2002-2003
• Massey Fedor & Eaton, Associate Lawyer, 2000-2002
• Supreme Court of South Carolina, Law Clerk, 1998-2000
• Supreme Court of South Carolina, Staff Attorney, 1996-1998

Representative Appellate Cases

• In Re Hospital Pricing Litigation, 659 S.E.2d 131 (S.C. Supreme Court 2008)
• Berkeley County School District v. S.C. Department of Revenue, Op. No. 26682 (S.C. Supreme Court 2009)
• Ethier v. Fairfield Mem’l Hosp., 429 S.C. 649, 842 S.E.2d 355 (S.C. 2020)
• Morris v. BB&T Corp., Op. No. 28131 (S.C. Supreme Court 2023)

Litigation Experience

• Extensive Civil Litigation and Appellate Experience since 2000- Medical Malpractice Litigation- Automobile Accident Litigation- Class Action Litigation

Activities

Published Works

• Should I Stay or Should I Go: Deciding Whether to Appeal or File a Motion to Reconsider, South Carolina Lawyer, July 2007

Classes and Seminars

• Legal Writing Instructor, University of South Carolina School of Law, 1998-2002

Professional Associations and memberships

• Richland County Bar Association
• South Carolina Bar
• North Carolina State Bar- South Carolina Association for Justice