Common Types of Personal Injury Cases in SC

by | Nov 10, 2017 | Criminal Defense, DUI |

When you think of personal injury claims, chances are you think of the usual cases: car accidents or slip and fall accidents in a supermarket. While it’s true that these are common personal injury claims in SC, there are many different types of situations that lead to personal injury claims – do not assume that, because your accident was not a car wreck, you cannot recover damages. After any accident where another person or business may be at fault, you should immediately contact your personal injury lawyer in SC to find out whether you have a case. In any situation where you are injured as a result of another person’s actions, the at-fault party may be responsible for your medical expenses and other damages that they caused. Below are some of the more common situations where people find that they need to hire a personal injury attorney in South Carolina.

Car Accidents in SC

Auto accidents are the most common source of personal injury claims in Myrtle Beach and throughout South Carolina. In most cases, auto accidents are the result of reckless driving or a driver’s failure to take due care to protect other drivers on the road. Even when it’s clear who the guilty party is in a car accident, insurance companies don’t make it easy to collect your claim. They know that most people do not know what damages they are entitled to and how to collect them. They will set up roadblocks at every turn to prevent you from recovering full compensation for your medical bills, out-of-pocket expenses, future medical care, and pain and suffering. Your Myrtle Beach auto accident attorney at Coastal Law, LLC, will investigate your case, negotiate with the insurance company, and take them to trial if they do not offer you full compensation for your injuries.

Medical Malpractice in SC

Medical malpractice occurs when a health professional provides a substandard level of care that results in injury. Such claims are often complex, requiring you to prove that the health care provider’s negligence resulted in damage. Examples can include:

  • Failure to diagnose a harmful condition.
  • Failure to properly advise a patient on the risks of a treatment.
  • Errors during surgery and other procedures.
  • Negligent and harmful prescriptions.

To file a medical malpractice claim, you must retain an expert and first provide the defendant with a notice of intent to sue along with an affidavit from a physician, nurse, or other appropriate expert. You must then mediate the case before you even file the lawsuit. Many medmal cases require multiple experts and an attorney who understands the complex issues that resulted in your injuries. The Myrtle Beach medical malpractice attorneys at Coastal Law, LLC, have the knowledge, experience, and access to experts that you need to make your medmal claim and to try your case to a jury when necessary.

Slip and Fall in SC

Accounting for more than 1 million emergency room hospital visits each year, slip and fall cases are one of the most common personal injury claims in the U.S. They’re based on a simple idea: property owners and renters (usually businesses) have a legal duty to keep their premises reasonably safe to protect against injuries. Dangerous conditions such as spills, slippery floors, faulty equipment, and even building code violations can lead to slip and falls. You will have to prove that the property owner was negligent – they are not responsible for your fall unless they were on notice of the dangerous condition and had an opportunity to either fix it or warn about it.

Dog Bites in SC

South Carolina has “strict liability” dog bite laws, which means the dog owner is liable for dog bite injuries even if the animal never previously showed aggression. Provocation is a defense – if you provoked the animal somehow, this may bar you from any recover. Trespass may also be a defense although there are some exceptions. South Carolina dog bite laws cover any kind of attack by an animal and not just bites. For example, if you are riding your bike down the road and someone’s dog jumps on you, knocking you down and causing injuries, the dog’s owner is liable for the damage caused even though the dog did not actually bite you.

Assault, Battery and Other Intentional Torts in SC

Injuries don’t have to be unintentional or negligent for you to make a personal injury claim. Any injury caused by someone intentionally trying to harm you is called an “intentional tort.” The difference between this type of personal injury and others is simply intent. An intentional tort, such as assault or battery, is often a crime as well as a civil cause of action. Examples of criminal acts that may also result in civil liability include:

  • Murder or homicide.
  • Kidnapping.
  • Assault and battery.
  • Domestic violence.
  • Felony DUI where injury or death results.

If the intentional tort resulted in death, you can file a SC wrongful death lawsuit to get compensation from the guilty party.

Ready to Talk to a SC Personal Injury Lawyer?

Our personal injury lawyer in Myrtle Beach, Russell Fry has the experience in all of these common types of SC personal injury claims and we want to help you. Set up a free consultation to discuss your case by filling out our online form or call us at (843) 488-5000.

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Contact Coastal Law to discuss your situation. Get in Touch

Myrtle Beach

1104 North Oak Street
Myrtle Beach, SC 29577

Conway

1314 2nd Avenue
Conway, SC 29526

Charleston

231 King Street
Charleston, SC 29401

Columbia

1201 Main Street, Suite 1913
Columbia, SC 29201

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