When you've been injured due to the negligence, reckless, or intentional actions of someone else, it can be a confusing and stressful time. You may be dealing with physical pain, emotional trauma, and financial losses. That's where a skilled and aggressive South Carolina personal injury lawyer can help guide you through the legal process and help you get the compensation you deserve.
Common Types of Personal Injury Cases in South Carolina
Personal injury cases can arise when an individual is injured due to the negligence, recklessness, or intentional actions of another party. In South Carolina, there are several common types of personal injury cases, each with their own unique legal considerations and challenges. These types of cases include trucking accidents, car accidents, premises liability accidents, slip and fall accidents, pedestrian accidents, medical malpractice, dental malpractice, and product liability cases. Let’s talk more about the types of South Carolina personal injury cases below.
Trucking Accidents
Trucking accidents are a type of personal injury case that can occur in South Carolina. These accidents involve a semi-truck, 18-wheeler, tractor trailer, dump truck, fuel truck, or some other commercial vehicle. Truck accidents in South Carolina can be caused by various factors, such as driver fatigue, distracted driving, and overloaded trucks. Trucking accidents often result in serious injuries or fatalities, and may involve multiple parties, such as the driver, trucking company, and other motorists.
Car Accidents
Car accidents are another common type of personal injury case in South Carolina. They can be caused by a variety of factors, such as distracted driving, texting and driving, speeding, and driving under the influence. In 2020, there were 47,682 car accidents in South Carolina, resulting in 1,041 deaths and 30,425 injuries.
Premises Liability
Premises liability accidents can occur when a property owner fails to maintain a safe environment for visitors. In South Carolina, property owners have a legal duty to keep their premises safe, and if they fail to do so, they may be held liable for any injuries that occur on their property. Common examples of premises liability accidents include slip and falls on slippery substances, falls on stairs, falls in parking lots, and swimming pool accidents.
Slip and Fall Accidents
Slip and fall accidents are a common type of premises liability case in South Carolina. They can occur in a variety of settings, including grocery stores, restaurants, and other businesses. Property owners have a duty to maintain a safe environment for visitors, and if they fail to do so, they may be held liable for any injuries that occur. Slip and fall accidents can result in serious injuries, such as broken bones and head trauma. A personal injury lawyer can help you pursue compensation for your injuries in a slip and fall case.
Pedestrian Accidents
Pedestrian accidents in South Carolina can have devastating consequences. Pedestrians are particularly vulnerable in collisions with vehicles, and injuries can range from minor to catastrophic or even fatal. According to the South Carolina Department of Public Safety, there were 960 pedestrian collisions in the state in 2020, resulting in 941 injuries and 118 deaths.
Medical Malpractice
Medical malpractice occurs when a healthcare provider fails to provide adequate care, resulting in injury or death. Medical malpractice cases can be complex and require extensive medical knowledge.
Dental Malpractice
Dental malpractice occurs when a dentist or other dental professional fails to provide adequate care, resulting in injury or harm. Common examples of dental malpractice include failure to diagnose oral cancer, permanent nerve damage, and osteomyelitis or other serious infections after a wisdom tooth removal or some other surgical procedure.
Product Liability
Product liability cases arise when a product is defective or dangerous, causing injury or death. Manufacturers have a duty to ensure that their products are safe for consumers to use. If a product is found to be defective or dangerous, the manufacturer may be liable for any injuries that occur.
Damages in South Carolina Personal Injury Cases
When you've been injured due to someone else's negligence or intentional actions, your South Carolina personal injury lawyer can help you pursue compensation for a number of different types of damages. In South Carolina, damages are typically divided into two categories: economic and non-economic.
Economic Damages
Economic damages refer to the financial losses that you have incurred as a result of your injury. These damages may include:
- Medical Expenses: This includes the cost of medical treatment, hospitalization, medication, rehabilitation, and other related expenses.
- Lost Income: If your injury has caused you to miss work, you may be entitled to compensation for the wages you have lost.
- Property Damage: If your property was damaged in the accident, such as your car in a car accident, you may be entitled to compensation for the cost of repairs or replacement.
- Other Out-of-Pocket Expenses: This may include costs related to transportation to and from medical appointments, home care, or other expenses incurred as a result of the injury.
Non-Economic Damages
Non-economic damages refer to the intangible losses that you have suffered as a result of your injury. These damages may include:
- Pain and Suffering: Pain and suffering includes physical pain, emotional distress, and mental anguish resulting from the injury.
- Loss of Enjoyment of Life: If your injury has prevented you from participating in activities that you enjoy, you may be entitled to compensation for loss of enjoyment of life.
- Loss of Consortium: This refers to the loss of the benefits of a relationship, such as companionship, intimacy, and support.
- Punitive Damages: In rare cases, a court may award punitive damages, which are intended to punish the defendant for their egregious conduct.
Determining Damages in South Carolina Personal Injury Cases
Determining the appropriate amount of damages in a personal injury case can be a complex process. A South Carolina personal injury lawyer can help you assess your damages and determine the appropriate compensation to pursue. They can also help you gather evidence to support your claim and negotiate with insurance companies to ensure that you receive fair compensation.
If you've been injured in South Carolina due to someone else's negligence or intentional actions, you may be entitled to compensation for your damages. Economic damages can be quantified by adding up the actual financial losses incurred due to the injury, while non-economic damages are more subjective and based on the intangible losses suffered. A skilled South Carolina personal injury lawyer can help you navigate the legal process and pursue the compensation you deserve.
Ways a South Carolina Personal Injury Attorney Can Help You Get the Compensation You Deserve
Here are some of the ways that a South Carolina personal injury lawyer can help you after an injury:
Investigating Your Case
One of the first things that a personal injury lawyer will do is investigate your case. They will gather evidence, interview witnesses, and review medical records to build a strong case on your behalf. This can be particularly important if you're dealing with a complex case, such as a car accident or trucking accident with multiple parties involved.
Negotiating with Insurance Companies
Dealing with insurance companies can be frustrating and time-consuming. However, a personal injury lawyer can handle all communications with insurance companies on your behalf. They will negotiate with them to ensure that you receive fair compensation for your injuries.
Representing You in Court
If your case goes to court, a personal injury lawyer will represent you in front of a judge and jury. They will present your case and argue on your behalf to get you the best possible outcome.
Providing Guidance and Support
In addition to legal representation, a personal injury lawyer can provide emotional support and guidance throughout the legal process. Knowing that someone is there with you every step of your battle can be very reassuring. You’re not alone. In addition to providing support, your South Carolina personal injury attorney can answer your questions and help you understand what to expect at each stage of your case.
What to Look for in a Personal Injury Lawyer
When choosing a personal injury lawyer in South Carolina, it's important to look for a lawyer who has a strong and knowledgeable background, a familiarity with the law, experience in personal injury cases, and a track record of success. Here are some other factors you might consider:
Communication
You want a lawyer who will communicate with you throughout the legal process and keep you informed of any updates or changes in your case. Don’t get pushed around or stuck with customer service representatives or intake people. If you need to speak with your lawyer, you should be able to do that.
Compassion and Empathy
Your lawyer should be empathetic to your situation and understand the physical and emotional toll that your injuries have taken on you. You lawyer should also understand that, although your lawyer has many cases, you only have one case. This is a very big part of our philosophy at Spetsas Buist.
Availability
You want a lawyer who will be available to answer your questions and provide guidance throughout the legal process. You should be concerned if you’re constantly put on the phone with legal assistances, intake specialists, or some other customer service representative. If the law firm or law office won’t put you on the phone with a lawyer, you may just be another number to that law firm, and you could be in for a stressful time in dealing with your case.
Legal Experience and Skills
Experience can come in handy in unique personal injury cases with uncommon facts and circumstances. You want a lawyer who knows how to navigate your particular case, especially if your case is unusual or out of the ordinary in some way. You also want a lawyer who understands the law well and who is capable of high-level legal writing and analysis.