Personal injury is a broad term for a type of legal claim based on physical injury. There are various types of personal injury cases, and the specific type can influence legal standards and how to proceed with the claim.
Our experienced Greenville personal injury lawyer at Bobby Jones Law offers this guide to types of personal injury cases in Greenville, South Carolina.
What Qualifies as a Personal Injury Case?
A personal injury case is a claim for legal compensation based on bodily injury arising from the wrongful act of another.
Most personal injury claims are based on negligence (i.e., lack of reasonable care). Usually, the wrongful act that forms the basis of a personal injury claim isn’t a crime. Negligence, recklessness, and intentional misconduct are common grounds for a personal injury claim. Strict liability can also be the basis for a product liability or dog bite claim in South Carolina.
When someone’s wrongful act injures another person, that individual may have a personal injury case, which is the process of seeking compensation. While some claims can be resolved directly through negotiations or insurance, the formal way to bring a personal injury claim and have it heard is by filing a case in court.
Are car accidents a type of personal injury case in Greenville, SC?
Yes. In fact, car accidents are a common type of personal injury case. Greenville County, SC, has the most traffic collisions in South Carolina. Greenville County is also first in the state for fatal traffic crashes and crashes causing injury.
Are personal injury claims common in Greenville, SC?
The Daniel Island News reports that South Carolina ranks fourth in the U.S. in the number of personal injury claims by population. Thirty-six percent of South Carolina’s civil court cases are personal injury cases, which is 210% higher than the U.S. national average.
Slip and Fall Accidents on Unsafe Property
Slip and fall accidents can be caused by unsafe property conditions. Slip and fall claims are a type of personal injury called premises liability. The basis of this type of claim is that the party responsible for the property allowed an unsafe condition to exist.
In Greenville and throughout South Carolina, varying legal standards apply depending on why the injured person was on the property. Examples of slip and fall cases include uneven or wet and slippery surfaces, fire, structure collapse, jostling crowds, inadequate security, and recreational accidents.
Many slip and fall claims are settled through liability insurance. Even when a fall occurs on residential property or the owner is a friend or family member, you may have a path to receive compensation. Bobby Jones Law is a premises liability lawyer representing victims in Greenville, SC.
Dog Bites and Animal Attacks in South Carolina
South Carolina law allows dog bite victims to seek compensation. The owner or person responsible for the animal or the individual responsible for the property on which the bite occurred may be legally responsible.
South Carolina law imposes strict liability for dog bites. If the victim is in a public place or lawfully in a private place, strict liability applies. The fact that the dog hasn’t bitten anyone before or that the owner was unaware the dog was dangerous is not a defense.
The victim must prove that the dog bit them and that it resulted in injury. Defenses like trespassing and provoking the dog still apply.
The strict liability standard applies to dog bites and other dog attacks. Attack claims involving animals other than dogs will likely fall under negligence or premises liability.
Injuries from Defective Products or Unsafe Equipment
A person typically interacts with hundreds, or even thousands, of products each day, and these objects can cause harm. The legal standard is whether the product is unreasonably dangerous.
An object may be unreasonably dangerous because of poor design, creating a risk of harm. A manufacturing defect could make a product dangerous, or there could be inadequate instructions or safety warnings.
Motor vehicles, equipment, and tools can certainly be defective, but so can any product.
Even if an item could be inherently capable of causing harm, that doesn’t necessarily make it unreasonably dangerous. A risk-benefit analysis can determine whether a product has a foreseeable, unreasonable risk of injury or death.
Nursing Home Negligence and Elder Abuse Claims
There are more than a dozen retirement and nursing homes in the Greenville area. Nursing home negligence and elder abuse are concerns for anyone who lives in or has a loved one at a nursing home.
Nursing home negligence and elder abuse can result in falls, lack of personal care, inadequate response to health needs, fires, toxic exposure, and communicable disease. Care facility residents have special protections under the South Carolina Nursing Home Bill of Rights. When harm occurs, residents may seek compensation through a personal injury claim.
Location for Personal Injury Cases in Greenville, SC
Greenville County is part of the 13th Circuit Court. The main trial court for personal injury cases in Greenville, SC, is the Circuit Court, Court of Common Pleas. When the amount in dispute is $7,500 or less, the case may be heard in the Magistrate’s Court.
If a case has federal jurisdiction, it may be heard in the United States District Court for the District of South Carolina. There is a federal court located in Greenville, SC.
Contact an Experienced Greenville Personal Injury Lawyer
No matter the type of personal injury case, you deserve fair compensation when you are injured in Greenville, SC. You can have legal representation from a personal injury lawyer at Bobby Jones Law, which is currently taking new cases. Learn what type of personal injury case you have, the potential value of your case, and how an attorney can assist. Call or message us now.
