Personal injury cases all have the same beginning. Someone is injured by the negligent or careless action of another person or entity.
The injured party files a lawsuit claiming that their injuries were caused by the actions or inaction of the other person and seeks damages or compensation in the form of money from the negligent party.
A South Carolina personal injury lawyer helps people injured by negligent or careless acts of another receive compensation for their injuries by filing a lawsuit and representing people in civil actions or personal injury claims.
Common Injury Claims
Anytime a person is injured by the negligent action of another person, the claim is for personal injury or damage to the body of the person. This is different from property damage, like an automobile in a car crash.
While property damage is part of the compensation received in personal injury cases, the principal action is for bodily injury.
While not exhaustive, the following list contains common personal injury claims:
- Boating accidents
- Dangerous animals
- Defective or dangerous products
- Dog bites
- Failure to Warn
- False imprisonment
- Intentional infliction of emotional distress
- Jet ski accidents
- Medical malpractice
- Pedestrian or bystander accidents
- Premises liability
- Prescription drug recalls
- Product liability cases
- Slip and fall accidents
- Trespasser injuries
- Ultra-hazardous materials
- Vehicle accidents including ATVs, cars, trucks, bicycles and buses
- Wrongful death
No matter the accident that preceded the claim, a knowledgeable personal injury attorney in South Carolina can build a claim to help obtain just compensation.
The injured person must prove the other party was negligent to be successful in a personal injury action. Among the things that must be proven in court are:
- The negligent party had a duty of care toward the plaintiff
- The negligent party breached that duty
- The negligent party’s breach caused the injured party’s injuries
- The injured party suffered damages because of the injuries
The negligence standard is the same amount of care that a reasonable person would use in the same or similar situation. Liability regulations can be best explained by a South Carolina personal injury lawyer.
Strict Liability Instead of Negligence
Certain types of personal injury cases, even though a negligent action causes the injury to the victim, are analyzed under the strict liability standard instead of negligence standard.
In strict liability cases, liability is independent on actual negligence or intent to harm. These types of cases, such as dog bites, find negligence without a finding of fault.
Compensation for Personal Injuries
Compensation in the form of money damages are recoverable for medical care and treatment costs, lost wages, pain and suffering, emotional damages, loss of companionship, punitive damages, and wrongful death damages.
Time Limits for Filing a Lawsuit
The time to file a lawsuit for damages resulting from personal injuries caused by the negligent act or omission of another person is three years from the date of injury. Failure to file a lawsuit during the three-year period permanently bans a person from filing a lawsuit in South Carolina’s civil court system. Swift action can be taken with the assistance of a personal injury lawyer in South Carolina.
Contact an Attorney
Personal injury law is an area of law that helps victims of negligence or carelessness recover compensation for personal injuries. When the victim dies, the claim of wrongful death arises.
If you have been injured because of someone else’s carelessness or negligence, you should contact a South Carolina personal injury lawyer today to schedule your comprehensive case evaluation.