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South Carolina ranks fourth in the United States for the most personal injury cases filed each year, by population. Personal injury cases make up 36% of the state’s civil court filings.
A personal injury case is any claim based on a person or party causing harm to someone else. There are many types of personal injury cases, and they can happen in many ways.
What types of personal injury cases are the most common in South Carolina?
The Columbia personal injury attorneys at Shealey Law Firm explain.
14 Most Common Types of Personal Injury Cases in South Carolina
1. Car Accidents
On average, there is a traffic collision every 3.6 minutes in South Carolina. A total of 147,724 traffic accidents occurred in South Carolina in 2021 with 54,794 people suffering an injury or fatality in these accidents. These car accidents often result in property damage, physical injury, and fatalities.
General principles of negligence and personal injury liability apply to car accident claims – the person or party responsible for the accident is liable for paying damages. Claims may be based on negligence, including common traffic violations or more serious misconduct. Car accident personal injury claims include motorcycle, pedestrian, and bicycle accidents, many of which are resolved through insurance policies.
2. Truck Accidents
Commercial truck accidents resulted in 143 fatalities in South Carolina in 2021. A total of 6,420 truck tractors were involved in involved in accidents resulting in injury or fatality. As commercial operators, trucking companies have a high duty of care for the safety of others on the roads. Victims may bring a claim for personal injury.
3. Drunk Driving
Drunk driving is a crime, but it’s also a personal injury case. If you’re injured by a drunk driver, you’re the victim of extremely reckless conduct and harm that was avoidable. In South Carolina, on average, there is one DUI fatality every 21.9 hours.
4. Slip and Fall
More than one million people in the United States visit the emergency room each year due to a slip and fall. Underlying causes of a slip and fall may include broken flooring, lack of handrails, slippery surfaces, or a spilled substance. When you are a guest on someone else’s property or when you are patronizing a business, they owe you a duty of care to protect your safety. A slip and fall that results from negligence is one of the most common types of personal injury cases in South Carolina.
5. Premises Liability
There are many ways that hazards on property can cause injury. Falling objects can cause traumatic brain injury and other harm. A person may become stuck between heavy objects. Electrical hazards may cause electrocution or start a fire.
Premises liability is a personal injury case that results from a dangerous condition on someone else’s property. Allowing or failing to remedy the condition may be the basis of a personal injury claim for compensation. Negligent security claims – claims resulting from a foreseeable injury due to negligent security measures – are a type of premises liability case.
6. Medical Malpractice
Medical malpractice claims as many as 250,000 lives each year in the United States, with many more injured. Medical malpractice personal injury claims are common in South Carolina.
7. Dog Bites
4.5 million people suffer dog bites each year. Victims are often children, and injuries can be significant. Dog bite victims in South Carolina may claim compensation even if the dog didn’t have a bite history.
Provocation and trespassing are defenses to dog bite claims. However, a victim can claim compensation if they are lawfully on the owner’s property, including as a guest.
8. Other Animal Injuries
Dogs and other animals can cause injury in ways other than biting. For example, an animal running loose can knock someone over. The animal can run into traffic and cause a chain reaction, resulting in an accident. A claim for compensation based on an injury involving an animal is a type of personal injury case.
9. Toxic Exposure
Sometimes, a person or party can harm someone else by releasing toxic chemicals into the environment. Hazardous chemicals may be released into the air, water, ground, or other materials in the area. Contamination lawsuits may be based on the harm caused by toxic exposure.
10. Assault and Battery
Assault and battery is a crime, but it’s also a type of personal injury case. The civil case focuses on the compensation the victim deserves for their financial losses as well as pain and suffering. In the personal injury claim, the civil burden of proof applies to the case.
11. Wrongful Death
Any personal injury that results in death is wrongful death. Survivors may bring a claim based on the wrongful death of their family member. In 2021, there were 1,198 traffic fatalities in South Carolina. When these fatalities are the result of negligence, recklessness, or intentional harm, they are a type of wrongful death.
12. Workplace Accidents
In 2022, there were 34,100 reported workplace injuries and illnesses in South Carolina, with 132 fatal work injuries. Victims may receive compensation through workers’ compensation, but they may also qualify to file a personal injury claim.
13. Product Liability
Policyholders paid $4.2 million in premiums for product liability insurance in 2022. Manufacturers may be held liable for the harm caused by dangerous and defective products. A claim may be based on a manufacturing defect, design flaw, or inadequate instructions for product use.
14. Nursing Home Abuse and Neglect
Vulnerable adults deserve safe care when they live in a nursing home. When nursing home abuse and neglect causes injury, victims may seek compensation through a personal injury claim. South Carolina officials accepted 4,383 reports for investigation of vulnerable adult abuse and neglect in fiscal year 2022-23.
Contact an Experienced Personal Injury Attorney in South Carolina
If you have been hurt in any type of personal injury accident, it doesn’t matter if your case is common or uncommon – you deserve fair compensation. Shealey Law Firm is a team of personal injury attorneys, representing victims in South Carolina. Contact us today.