South Carolina’s Preferred Personal Injury Attorney
Common Personal Injury Cases
South Carolina ranks 4th in the U.S. for the most personal injury cases filed every year. Personal injury cases make up 36% of the state’s civil court filings. A personal injury case is any claim based on a person or party causing harm to someone else. There are many types of personal injury cases, and they can happen in many ways.
What types of personal injury cases are the most common? At Helmly Law Firm, our South Carolina personal injury lawyer handles various personal injury claims, including:
1. Car Accidents
There is a traffic collision every 3.6 minutes in South Carolina on average. A total of 147,724 traffic accidents occurred in South Carolina just in 2021 with 54,794 people suffering an injury or fatality in these incidents. These car accidents usually result in property damage, severe physical injury, and death.
General principles of negligence and personal injury liability apply to car accident claims – the person or party responsible for the accident is liable for paying damages. Claims may be based on negligence, including common traffic violations or more serious misconduct. Car accident personal injury claims include motorcycle, pedestrian, and bicycle accidents, many of which are resolved through insurance policies.
2. Truck Accidents
Commercial truck accidents resulted in 143 fatalities in South Carolina in 2021. A total of 6,420 truck tractors were involved in accidents resulting in injury or fatality. As commercial operators, trucking companies have a high duty of care for the safety of others on the roads. Victims may bring a claim for personal injury.
3. Drunk Driving
Drunk driving is a crime, but it’s also a personal injury case. If you’re injured by a drunk driver, you’re the victim of extremely reckless conduct and harm that was avoidable. In South Carolina, on average, there is one DUI fatality every 21.9 hours.
4. Slip And Fall
More than one million people in the United States visit the emergency room each year due to a slip and fall. Underlying causes of a slip and fall may include broken flooring, lack of handrails, slippery surfaces, or a spilled substance. When you are a guest on someone else’s property or when you are patronizing a business, they owe you a duty of care to protect your safety. A slip and fall that results from negligence is one of the most common types of personal injury cases in South Carolina.
5. Premises Liability
There are many ways that hazards on property can cause injury. Falling objects can cause traumatic brain injury and other harm. A person may become stuck between heavy objects. Electrical hazards may cause electrocution or start a fire.
Premises liability is a personal injury case that results from a dangerous condition on someone else’s property. Allowing or failing to remedy the condition may be the basis of a personal injury claim for compensation. Negligent security claims – claims resulting from a foreseeable injury due to negligent security measures – are a type of premises liability case.
6. Medical Malpractice
Medical malpractice claims as many as 250,000 lives each year in the United States, with many more injured. Medical malpractice personal injury claims are common in South Carolina.
7. Dog Bites
4.5 million people suffer dog bites each year. Victims are often children, and injuries can be significant. Dog bite victims in South Carolina may claim compensation even if the dog didn’t have a bite history.
Provocation and trespassing are defenses to dog bite claims. However, a victim can claim compensation if they are lawfully on the owner’s property, including as a guest.
8. Other Animal Injuries
Dogs and other animals can cause injury in ways other than biting. For example, an animal running loose can knock someone over. The animal can run into traffic and cause a chain reaction, resulting in an accident. A claim for compensation based on an injury involving an animal is a type of personal injury case.
9. Toxic Exposure
Sometimes, a person or party can harm someone else by releasing toxic chemicals into the environment. Hazardous chemicals may be released into the air, water, ground, or other materials in the area. Contamination lawsuits may be based on the harm caused by toxic exposure.
10. Assault And Battery
Assault and battery is a crime, but it’s also a type of personal injury case. The civil case focuses on the compensation the victim deserves for their financial losses as well as pain and suffering. In the personal injury claim, the civil burden of proof applies to the case.
11. Wrongful Death
Any personal injury that results in death is wrongful death. Survivors may bring a claim based on the wrongful death of their family member. When these fatalities are the result of negligence, recklessness, or intentional harm, they fall under the category of wrongful death.
12. Product Liability
Policyholders paid $4.2 million in premiums for product liability insurance in 2022. Manufacturers may be held liable for the harm caused by dangerous and defective products. A claim may be based on a manufacturing defect, design flaw, or inadequate instructions for product use.
13. Workplace Accidents
In 2022, there were 34,100 reported workplace injuries and illnesses in South Carolina, with 132 fatal work injuries. Victims may receive compensation through workers’ compensation, but they may also qualify to file a personal injury claim.
14. Nursing Home Neglect And Abuse
Vulnerable adults deserve safe care when they live in a nursing home. When nursing home abuse and neglect causes injury, victims may seek compensation through a personal injury claim. South Carolina officials accepted 4,383 reports for investigation of vulnerable adult abuse and neglect in fiscal year 2022-23.
How Much Do Personal Injury Cases Cost?
Most South Carolina personal injury law teams charge 30%-40% of the compensation they secure for you. This is known as a “contingency fee” because it is contingent on the value of your jury or settlement award. During your consultation we’ll discuss our fee structure and answer any questions you may have.
What Is The Personal Injury Statute Of Limitations?
Every state has a statute of limitations in place that limits the time you have to file a lawsuit.
The statute of limitations exists for several reasons.
Evidence can be lost and memories fade over time. The statute of limitations ensures claims are brought in a timely manner while all parties involved can access the information needed to back up their allegations or raise defenses.
It’s also not considered fair for people to constantly have the threat of being sued for decades-old incidents. The statute of limitations allows people to move on with their lives without the threat of litigation hanging over their heads.
The statute of limitations sets a hard deadline for when your claim must be filed. It varies by state but is usually two to four years. In South Carolina, the statute of limitations is 3 years.
If you don’t file a lawsuit by the time the statute of limitations runs out, your claim could be time barred. You will not be able to sue, so you’ll be unable to recover compensation for the losses you’ve suffered.
What Do I Do After Suffering A Personal Injury?
After a personal injury, you want to prioritize medical attention. Even minor symptoms should be reported to a medical doctor.
Afterward, report the incident to local police, as well as your work supervisor or property management owner, depending on where you were hurt. While you’re at it, gather evidence. Take clear photos and videos that will help your attorney support your case.
Keep detailed records of your findings and keep them in a safe place. Write down how you’re feeling every day and note any struggles you’re facing. All details matter, so write everything down, even if it seems minuscule.
Consulting a legal professional is the next step. When you’ve been severely injured, the last thing you want to do is go at it alone. You could have a valuable case, and your chances of being successful aren’t even close to guaranteed if you try to battle it by yourself. Rely on our team to provide the support and guidance you need. Let us help you move forward.
Your lawyer will go over your compensation options with you. There are various ways to receive income, and losses and bills are factored into that. Talking to us will help you pinpoint exactly what you’re entitled to.
During all of the commotion brought on by pursuing legal action, you still have to focus on the most important part of it, which is yourself. Addressing your emotional needs after an injury is important. Consider talking to your medical doctor or seeking therapy for any emotional distress you could be facing. You matter.
Contact Our Personal Injury Attorney Now
If you’re dealing with the aftermath of an injury, no matter how big or small, you deserve legal representation that will fight for you. The Helmly Law Firm will fight for your rights while you focus on your recovery. Contact us to schedule a complimentary consultation.
