Do I Have a Personal Injury Case?
When you’re injured because of an accident, it can be a devastating situation. Depending on the injury you sustained, you could be racking up thousands of dollars in medical bills and other damages, all while taking time off work to heal. If the event that caused your injury was due to someone else’s actions or negligence, you might not have to bear the financial burden on your own. A Greenville Personal Injury Lawyer can help you determine if you have a valid personal injury claim and navigate you on the legal path toward compensation.
How Do I Know if I Have a Personal Injury Case?
You have a valid personal injury claim if you’re able to prove that:
- A specific event caused your injury
- The injury in question caused you physical and/or financial harm
- Someone else’s negligence caused the event that injured you
What is a Personal Injury Claim?
When you file a personal injury claim, you are declaring that someone else’s actions or negligence physically harmed you. This claim starts a legal court process by which you attempt to gain financial restitution for the damages that the injury event caused you.
Is a Personal Injury Claim a Civil Case?
There are two types of cases: criminal and civil. A criminal case is brought against someone by the state, which involves determining whether the defendant committed a crime. A civil case is brought against the defendant by the plaintiff. The plaintiff is the party that has been allegedly harmed—physically, emotionally, or financially—and is seeking compensation for those severe injuries. A personal injury lawsuit falls under the category of a civil case and seeks restitution from the at-fault party and their insurance company.
The Most Common Personal Injury Cases
Injury can happen anywhere, but specific categories of personal injuries most commonly result in compensation.
Car Accidents
The most common personal injury cases are those that result from car crashes. The at-fault party’s insurance company typically pays compensation for damages incurred.
Assaults
Assault doesn’t result from a party’s negligence but someone’s willful harm to another person. You can seek compensation from your attacker for physical injuries and other damages.
Medical Malpractice
When health care providers make mistakes, they can be catastrophic. Injuries from medical errors can often leave patients with substantial injuries and life-long health problems. Doctors and other healthcare practitioners can also be held accountable for their negligence.
Workplace Injuries
Employees could file personal injury claims against an employer if they sustained an injury at work due to faulty equipment, lack of training, or otherwise unsafe conditions in the workplace.
Product Liability
If you purchased a product that was defective in some way and it caused bodily injury, you may be able to seek compensation from the company that made or sold the product.
Premises Liability
Premises liability cases claim that an injury occurred on the defendant’s property and happened due to the defendant’s negligence.
Defamation
Injuries aren’t always of a physical nature. There are some instances where a person’s words are equally harmful to you. If someone damages your reputation through untruthful verbal or written words and you can prove that the statements made were untrue, you could be entitled to compensation.
Compensation for Personal Injury Cases
Personal injury victims may be entitled to a settlement that covers a range of damages, including:
- Medical expenses
- Property damage
- Lost wages
- Pain and suffering
- Other direct losses
Can You Sue for Emotional Distress in South Carolina?
Yes. You can file a personal injury lawsuit in South Carolina based on emotional distress caused by negligence. Emotional distress is considered a non-economic damage.
Types of Personal Injury Evidence
The most frequently used evidence in successful personal injury claims are medical bills and records that prove the injury occurred and show how much it cost you. However, other evidence could be used to support your personal injury claim.
Evidence of the Injuring Event
- Police reports
- Incident reports
- Witness statements
- Videos or photographs
- Medical records
Evidence that the Injury Caused Harm
- Medical bills
- Insurance paperwork
- Financial records
- Proof of lost wages (check stubs, employer statements, etc.)
Comparative Negligence in South Carolina Law
While you want to be compensated for every cent you incurred in a personal injury lawsuit, remember that South Carolina personal injury law uses a comparative negligence model for determining fault. Fault can be shared between multiple parties. For example, if it’s determined that you are 40% liable for a car accident, the other party will only be responsible for paying 60% of the proposed settlement.
How Long Do I Have to File My Personal Injury Claim in SC?
A statute of limitations gives you a deadline for when you can file a lawsuit against an at-fault party. In South Carolina, the personal injury statute of limitations is three years from the date of the injuring event.
Let a Personal Injury Lawyer Help
Personal injury laws in South Carolina aren’t always easy to understand, and a legal court battle can be stressful. A Greenville Personal Injury Attorney can do the legwork for you in your personal injury case and ensure you get every dollar of compensation to which you’re entitled.