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Our experienced Columbia personal injury lawyers at Shealey Law Firm explain the most common types of personal injury cases in South Carolina.
Car Accidents: The Leading Cause of Injury Claims
In 2023, 35,633 motor vehicle accidents in South Carolina resulted in physical injury.
Twenty-four percent of car accidents in South Carolina result in injury or death.
Driver error is the leading cause of car accidents. Common fault grounds are driving too fast for conditions, following too closely, improper merging, dangerous lane changes, and disregarding a traffic signal. Reckless conduct may include aggressive operation of a vehicle or drunk driving.
In addition to driver fault, liability may be based on a vehicle defect, negligent management of a trucking company, road obstructions, or road defects.
A car accident is a type of personal injury claim, and in South Carolina, traffic accidents fall under negligence laws. The party responsible for causing the accident may be legally liable for damages. Car insurance may be available to pay compensation.
Slip and Falls: Premises Liability in Action
Twenty-five percent of adults over 65 fall each year. Falls are a leading cause of unintentional injury death among seniors. Nationwide, 46,653 people died from falls in 2022.
Slip and falls happen in many places, including:
- Stores
- Homes
- Offices
- Work sites
- On the job
- Sports and recreational facilities
- Churches and religious organizations
- Government facilities
- Sidewalks and walkways
Falls from an elevated surface and falls on the same level may both cause harm. On the job, the construction industry has the highest rate of fall-related fatalities.
There are many factors that may contribute to a fall. For example, uneven flooring, slippery floors, or clutter may cause a person to trip. A structure in disrepair may collapse. A ladder might slip. Personal protective equipment may fail. Poor lighting may cause a person to lose their footing.
Liability for a fall may depend on why the person was on the property—as an invitee, social guest, or trespasser. It may also depend on whether the property owner breached their duty of care for the safety of the property. The process to claim compensation may also vary based on whether the claim falls under workers’ compensation.
Medical Malpractice: When Healthcare Goes Wrong
Medical error is a leading cause of death nationwide. Johns Hopkins reports that approximately 250,000 deaths each year in the United States are from medical error.
When healthcare goes wrong, a person may have a common type of personal injury claim—medical malpractice. They may have the right to compensation for financial losses and pain and suffering.
In South Carolina, medical malpractice is evaluated by a professional standard. Medical malpractice may result from affirmative acts or it may be a failure to act.
Dog Bites and Animal Attacks in SC
In the United States, 4.7 million dog bites occur each year. Approximately 800,000 dog bites require medical attention annually. The U.S. Post Office reports that 6,000 postal workers were attacked by a dog on the job in 2024.
Dog bites and animal attacks in SC occur on private property and in public places. Victims can be adults or children.
Some bites result in serious injury, including broken bones, deep tissue damage, amputation, paralysis, and scars.
A dog bite or animal attack victim in South Carolina may receive compensation. South Carolina makes dog owners strictly liable for dog bites, meaning the dog does not have to have a bite history to have a claim.
Strict liability does not apply if the victim was trespassing on the property. But lawful presence can be implied, including for postal workers and delivery drivers.
Many of these common dog bite personal injury claims are resolved through insurance. A claim may also be pursued in court.
Nursing Home Abuse and Neglect Claims
The World Health Organization reports that nursing home abuse is common. One study of nursing home workers found that one-third of workers admitted to witnessing physical abuse of a nursing home resident in the past 12 months. The study also found that 81% of workers said they witnessed psychological abuse in 12 months.
A person living in a nursing home has the right to adequate care. The nursing home must take reasonable steps to prevent abuse and neglect and must address abuse when it has occurred and work to prevent it from happening again.
A nursing home abuse and neglect claim is a common personal injury claim. Bringing a claim can provide answers for family members, compensation, and justice for victims.
Pursuing Common Types of Personal Injury Cases
Each personal injury case is unique, but you must prove your right to compensation. The amount awarded depends on the harm to the victim, the strength of the legal claim, and the ability to collect compensation. It’s important to identify issues that may be especially important and things that may help maximize a monetary award.
You may have an attorney represent you in a personal injury claim for compensation.
Contact an Experienced Columbia Personal Injury Lawyer
Whether your personal injury claim is common or uncommon, you deserve justice. You can have assistance from an experienced Columbia personal injury lawyer. Call or message Shealey Law Firm.