In general, a personal injury case involves a dispute where a person or their loved one suffered some type of injury to their person due to the actions, inactions, or negligence of someone else.
Every South Carolina personal claim turns on two questions, regardless of the specific facts of your case: Is the Defendant liable for the damages suffered by Plaintiff, and if so, what is the extent of the Plaintiff’s damages? If you have been injured and your Greer, South Carolina personal injury attorney can successfully demonstrate that you suffered damages and the Defendant did something to cause them, then you should win your case and be entitled to some type of compensation for the harm you suffered.
Examples of South Carolina Personal Injury Cases
There are many types of personal injury claims for damages not only in Greer but across South Carolina. Some of the most common types of personal injury cases include:
- Car Accidents. Drivers on South Carolina roads have a duty to exercise reasonable care when they are behind the wheel of any type of motor vehicle. If a driver fails to exercise reasonable care and you or a loved one are injured, you may have a claim for personal injury.
- Commercial Vehicle Accidents. Semi-truck or other commercial vehicle accidents can cause serious injuries to you or a loved one. Commercial vehicle accidents in South Carolina have their own set of complex legal issues because there may be more than one party that can be held liable for your or your loved one’s injuries.
- Motorcycle Accidents. Motorcyclists are injured more often than any other type of drivers, and a motorcyclist is more likely to be killed in the event of a motorcycle accident. If you or a loved one are injured in a motorcycle wreck, you may have a claim for personal injury.
- Bicycle Accidents. Because South Carolina motorists don’t always give the proper right of way to a bicyclist, serious injuries may occur if you or a loved one is involved in an accident while riding a bicycle.
- Nursing Home Abuse. If a loved one in a nursing home or assisted living home is neglected and does not receive the proper standard of care owed to them, or is physically and/or mentally abused by someone employed by the nursing home and/or assisted living facility, there may be a personal injury claim.
- Dog Bites. South Carolina adheres to strict liability laws when it comes to dog bites. If you or your loved one are bitten by a dog, you don’t have to prove negligence to receive monetary compensation for your injuries.
- Medical Malpractice. There are instances where South Carolina medical professionals make mistakes or breach their duty one of care to a patient. If that happens to you or a loved one, and the result is injury or even death, you may have a South Carolina claim for personal injury for medical malpractice.
- Wrongful Death. South Carolina’s wrongful death statute says that a lawsuit can be brought by the deceased person’s spouse and/or children when a family member has died due to the deliberate, reckless, or negligent action of another.
The statute of Limitations in South Carolina
S.C. Code Ann. Section 15-3-530 is referred to as the Statute of Limitations and sets forth a time limit that limits the time period where a person can file a legal claim for damages. In South Carolina, you generally have three years from the date of your injury to file a personal injury claim on behalf of yourself or a loved one, unless you have been injured by a governmental entity or employee. Claims against governmental entities are generally subject to a two (2) year Statute of Limitations.
The three (3)year Statute of Limitations generally begins on the date a person is injured. If you wait and don’t file your claim until after the three (3) year limit has expired, the judge will dismiss your claim and you may not be able to receive any monetary compensation for you or your loved one’s injuries.
Types of Damages Available in Greer, SC Personal Injury Claims.
There are generally two types of damages available in South Carolina for personal injury claims: tangible (economic) and intangible (noneconomic). The most common types of damages awarded include:
- Medical Bills. In South Carolina, the person responsible for your injuries is responsible for paying your medical bills. If you or your loved one also require future medical treatment for your injuries, then your Greer, South Carolina personal injury attorney may also have to calculate future medical expenses.
- Lost Wages. It’s possible you or a loved one who’s been injured in Greer, South Carolina, may have to have to take weeks or even months off work. In such an event, a person is entitled to be compensated for lost wages by the person who caused their injuries.
- Pain and Suffering. Pain and suffering are considered to be intangible or noneconomic damage in South Carolina. If you or a loved one are forced to endure past and future pain and suffering because of the negligence of another person, then you may be entitled to damages from the person responsible for the injuries.
Fault Issues in a South Carolina Personal Injury Claim
South Carolina recognizes a legal concept referred to as “comparative negligence.” This means that an injured person will be able to recover monetary damages for his injuries even if he may be partially responsible for the accident.
However, if the injured person is found to be more than 50% responsible for causing his injuries, then he won’t be able to receive any monetary compensation for the injuries he incurred in the accident.
How Much is Your Greer, South Carolina Personal Injury Claim Worth?
There are many things that can impact the value of you or your loved one’s personal injury claim, and there isn’t a simple formula that you can use in placing a value on your individual personal injury claim.
Damages such as your lost wages, medical bills, and other tangible damages are easy to calculate and are rarely disputed by the other side.
However, intangible damages such as pain and suffering and emotional trauma aren’t so easy to calculate.
Your Greer, South Carolina personal injury attorney will use their experience, skill, and knowledge of the South Carolina legal system to come to an estimate of damages based on the specific issues in your individual personal injury case. The facts of your case will be presented to a judge and/or jury by your Greer, South Carolina personal injury attorney who will explain the number of monetary damages they believe best compensates you for your intangible injuries.
Why You Need a Greer, South Carolina Personal Injury Attorney
If you or a loved one has been injured, it will benefit you to hire a knowledgeable South Carolina personal injury lawyer. Personal injury law can be confusing and complex. There are specific laws, rules, procedures, and dates that must be adhered to in the South Carolina courts.
Your skilled and knowledgeable Greer, South Carolina attorney can investigate your case, evaluate your claim, call on expert witnesses, if necessary, and be a strong advocate for you to the insurance company and if your case goes to trial. Having someone to relieve part of the burden and stress of your personal injury claim can allow you to focus on healing, secure in the knowledge that your Greer, South Carolina personal injury attorney is fighting hard to get you the monetary compensation you deserve. Call David R. Price Jr., P.A. today!