Personal Injury - Nowell Law Firm

What are the Most Common Types of Personal Injury Claims?

Millions of Americans are hurt or killed each year in various types of accidents and events, and many of these incidents are caused by the negligence or reckless actions of another party. A personal injury can leave a person confused and disoriented and not sure what to do next. The injury can take a major physical, emotional, and financial toll on the victim in their household, and they may not know where to turn for the help they need.

It is important to know that any time you get injured in an accident or event that might be someone else’s fault, there are two things you should do immediately; get proper medical attention and speak with a skilled and knowledgeable personal injury lawyer.

You might not know the full extent of your injuries, and you might not know exactly how the injuries happen. You may think some of it was your fault, but you are not really sure about all these details. Once you have your injuries treated, you have nothing to lose and everything to gain by talking with an experienced attorney.

If it turns out that you have a case, it is best to get an attorney involved as early in the process as possible. Otherwise, your right to recover full and fair compensation for your injuries could be jeopardized. You can be sure that the other side will go to work right away on their defense, and you need someone by your side who was looking out for your best interests.

The Most Common Types of Personal Injury Cases

Personal injury law covers a wide range of cases, and in order to win a claim, you must prove the following:

  • Another party owed you a duty of care;
  • This duty of care was breached;
  • The breach (in duty of care) was the proximate cause of your injury; and
  • Your injury resulted in compensable losses.

Here are some of the most common situations in which a personal injury claim may be appropriate:

Motor Vehicle Accidents

More than 30,000 individuals are killed in accidents involving motor vehicles each year, and hundreds of thousands more suffer serious injuries. Vehicle accidents can involve two cars that collide, a commercial truck crashing into a passenger car, a vehicle colliding with a motorcycle, bicycle, or pedestrian, and multi-vehicle collisions. Those who are injured as drivers or passengers in a motor vehicle accident may be entitled to significant monetary compensation, depending on the specific circumstances of the case.

Workplace Accidents

No one plans on getting hurt at work, but unfortunately, workplace injuries happen every day. When someone is injured in a workplace accident, they are usually barred from filing a personal injury lawsuit directly against their employer. Instead, they would file a claim for benefits through workers’ compensation.

There are some cases, however, when an outside party is responsible for a workplace injury. For example, a worker could be injured by a subcontractor who is performing a task nearby, or they could get hurt as a pedestrian or driver while they are outside the workplace on company business. When this happens, it may be possible to bring a personal injury claim directly against the responsible party.

Premises Liability

When an individual is injured because of a dangerous or defective condition while on someone else’s property, they may be able to file a claim under the legal theory known as “premises liability”. Examples include slip and fall accidents, swimming pool accidents, and animal attacks.

The strength of a premises liability claim depends largely on what the visitor status of the injured party was when they enter the property. Those who are explicitly invited onto a property (such as customers, hotel guests, and tenants) generally have the strongest case, while those with implicit permission (such as neighbors, social guests, and door to door salespeople) may have a harder time recovering damages. For trespassers, it is very much an uphill battle in most cases.

Product Liability

There are numerous products on the market that can cause serious injury during the course of regular use. If a defective or unsafe product causes an injury, the injured party may be able to file a claim against the manufacturer, supplier, or distributor of the product under the legal theory known as “product liability”.

Wrongful Death

Some accidents and events result in death. A serious car crash, an explosion in a factory, a drowning in a swimming pool, and numerous other fatal incidents like these could be the result of another party’s negligence or recklessness. When this is the case, a wrongful death claim may be appropriate. Wrongful death cases are similar to personal injury cases, although there are some special rules that apply.

Contact a Skilled Personal Injury Lawyer in South Carolina

If you or someone close to you suffered injury or death because of the actions of another party, you may be entitled to compensation. If the injury occurred in South Carolina, contact the Nowell Law Firm for assistance. Message us online or call our Spartanburg, SC office today at (864) 469-2481 to schedule a free, no obligation consultation.

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