Getting hurt in any type of accident can be frustrating and painful. You’re going about your daily business and the next thing you know, you’re in the hospital. You may get hurt at work. You may get hurt while on someone else’s property. Either way, if someone is responsible for your accident, they need to be held accountable.
Personal injury lawyers at Brumback & Langley in Anderson, South Carolina handle all types of cases. Some cases are pretty common whereas others are quite unique. Whether you’re suffering from a run of the mill slip and fall, dog bite, or car accident a personal injury lawyer can help.
If you’ve been hurt in an accident, you need to contact a personal injury lawyer. An experienced lawyer will fight to get you the compensation you deserve. It is not something you want to handle for yourself. You need to focus on recovering. Let your lawyer handle the business side of things.
- 1 Common Types of Personal Injury Accidents in Anderson
- 2 Compensation for your Anderson, South Carolina Personal Injury Case
- 3 Anderson, South Carolina Personal Injury Deadlines
- 4 Determining Fault in Your South Carolina Personal Injury Case
- 5 Consult with a Personal Injury Attorney in Anderson
Common Types of Personal Injury Accidents in Anderson
Personal injury attorneys have seen it all – falls, burns, deadly drug interactions. There is no limit to the types of personal injury cases. Here are some of the most common types of personal injury accidents in Anderson, South Carolina.
Slip and Falls
You can suffer a slip and fall anywhere. It can happen at work or at a department store. You may even fall and get hurt while at a friend’s house. A property owner is required to maintain safe conditions at all times – this includes conditions that could cause someone to fall. One reason people have liability insurance is in case someone does fall and get hurt on their property. You can fall on a wet floor or on a malfunctioning escalator. Any condition that is unsafe and improperly maintained can lead to a slip and fall.
South Carolina is pretty clear when it comes to dog bites. If someone’s dog bites or attacks you, they are probably liable for your injuries. The reason we say probably is because there are situations in which they will not be held responsible. If you provoke their dog, they will not be responsible. Also, if you are trespassing, you cannot file suit against the dog owner for a bite or attack. Most courts will also look to see if you have been warned in the past that the dog is not “friendly.”
If you are hurt while on someone else’s property, you may have a claim against that person. Examples of this could be if someone’s cabinet door falls off the wall and hits you on the head. Another situation may involve you getting burned from a water faucet that streams hot water out of the cold spigot. Property owners are responsible for keeping their property safe for guests and visitors.
A very common type of personal injury involves product liability. People get hurt from products every day. Some injuries are caused by products that were made incorrectly. Others result from products that were made fine, but had a flawed design. Many product liability cases involve children. Kids toys are often the subject of a product liability case. Another common type of product liability case involves dangerous drugs or products that come with insufficient warnings.
Medical Device Defects
The past decade has seen an increase in medical device defect lawsuits. In a rush to put their products on the market, many manufacturers of medical devices put out products that are unsafe or inherently dangerous. You have probably seen cases like this advertised on television. Because these products are supposed to help people who are sick or injured, it is very unfortunate that so many people are harmed by the very products designed to help them.
If you are hurt on the job or while at your workplace, you may have a claim for a personal injury. Your injuries may be caused by improperly maintained equipment or dangerous working conditions. If your employer was negligent in providing a safe work environment, you may have a case against him. This is different from a generic worker’s compensation claim. In those cases, you are hurt simply from performing your job. They do not necessarily involve employer negligence.
Prescription Drug Negligence
Similar to product liability cases, these cases involve dangerous drugs. These drugs either are inherently dangerous, are tainted during production, or have dangerous interactions with other drugs. Drug manufacturers and pharmacies are required to alert the consumer of any dangerous interactions and side effects. If they fail to do so and you are hurt, you may have a personal injury claim.
One common thread amongst all of these types of personal injury cases is negligence. There are exceptions, such as strict liability cases (where the defendant is responsible regardless of how much care they take.) Example of strict liability are product liability and drug cases.
Compensation for your Anderson, South Carolina Personal Injury Case
If you are hurt in a personal injury case, you are going to want to seek compensation for your injuries. An experienced personal injury lawyer is going to work hard to get you the money you deserve. There are many types of compensation associated with a personal injury case, including:
If you’ve been hurt in an accident, chances are, you have medical bills. Your lawyer is going to make a demand for money to cover past and current medical bills as well as future medical bills. Your doctors can testify as to how much medical care you are going to need in the future. Then your lawyer will estimate how much money it will cost you to get this care. Often times, insurance companies and defense attorneys will negotiate with your lawyer to find an amount that seems fair. This is because there is no exact science to determining future medical expenses.
It is not as difficult to calculate lost wages. If you’ve been injured in an accident, you have probably missed some time from work. You may have been forced to use all of your vacation and sick time. You may have missed time that was not paid for. You’ll need to demand compensation for all of this time. Your lawyer will also demand that you be compensated for future lost wages. You may never work again as a result of our accident. Or, you may not be able to do the same job you had before.
Pain and Suffering
There are two main types of damages: economic and non-economic. Medical bills and lost wages are types of economic damages. They can be measured and calculated with some degree of accuracy. Pain and suffering are a type of non-economic damages. It is literally compensation for the pain and suffering you have experienced as a result of your accident. South Carolina does allow for pain and suffering compensation. Your lawyer will ask for a certain amount in pain and suffering and more than likely negotiate with the defendant’s lawyer on this issue. In a typical personal injury case, the injuries aren’t that terrific. Juries and courts are a little less likely to award pain and suffering in minor cases. However, if your injuries are severe, you may be entitled to quite a bit in pain and suffering.
Loss of Enjoyment
This is exactly what it sounds like. If, before your accident, you were an avid tennis player and can no longer play, this is a loss of enjoyment. Your lawyer will demonstrate that you can no longer enjoy your life the way you did prior to the accident. As with pain and suffering, this is a non-economic type of damages which is difficult to prove and even harder to measure. This is why your lawyer will work hard to settle your case.
Loss of Consortium
If you have lost the ability to enjoy a relationship with your loved ones because of the accident, your Anderson personal injury lawyer will make a claim for loss of consortium. This type of compensation covers loss of companionship, sexual relations, and advice and counsel. Again, like loss of enjoyment it is hard to prove. However, if your case goes to trial, most juries are very sympathetic to a spouse who has lost relations with their spouse.
This type of damages is meant to punish the defendant. South Carolina limits the application of punitive damages to behavior that is reckless or wanton. The defendant’s behavior needs to be outrageous in order to have a solid claim for punitive damages. An example of punitive damages would be a pharmacist who was drunk or under the influence. If she fills your prescription bottle with the wrong medication and you are injured, your lawyer can argue for punitive damages.
Your personal injury lawyer in Anderson, South Carolina will explain what types of compensation you may be entitled to. When he reviews your case, he can give you a better idea of what types of damages you should pursue.
Anderson, South Carolina Personal Injury Deadlines
It doesn’t matter what type of damages you are entitled to if you don’t file your case on time. Every state has what is called a “statute of limitations.” This law outlines how long you have to file a lawsuit for a personal injury case. If you don’t file within the deadline, you are forever barred from filing your case. The court will not entertain excuses for why it took you too long to file.
South Carolina requires you to file your personal injury lawsuit within three (3) years of the date of the accident. This gives you plenty of time to get a lawyer, identify the parties at fault, and estimate your injuries. This is why it’s so important that you contact a personal injury lawyer in Anderson immediately following an accident. Not only do you not want to miss your deadline, but you also want your lawyer to have as much time to prepare as possible.
Determining Fault in Your South Carolina Personal Injury Case
If you are hurt in an accident, you may have a claim against a third party. If someone else was at fault for your injuries, you will want to pursue them for damages. However, if you are at fault as well, you could run into some injuries in Anderson, South Carolina.
South Carolina uses a comparative negligence standard. This means that the court will determine what percentage each party is at fault. Your percentage of fault will affect your settlement. Your settlement or judgment will be reduced by your percentage of fault. So, let’s say you’re entitled to a settlement for $100,000. The judge determines that you are 30% at fault. This means your settlement will be reduced by $30,000.
Keep in mind, comparative negligence is just part of proving fault. Your personal injury lawyer will still have to prove that the accident was the defendant’s fault, so he will have to show that your injuries are legitimate and that they are a direct result of the accident. This is why so many cases settle. It takes time and money to prove all of these things in a lawsuit. It is in the best interests of all parties to negotiate a fair settlement.
Consult with a Personal Injury Attorney in Anderson
If you or a loved one have been involved in an accident, you are going to want to contact a personal injury lawyer in Anderson. The defendant is going have an insurance company and lawyers on their side. You need to have one on your side as well.
The experienced lawyers at Brumback & Langley, LLC will work hard to make sure you get the compensation you deserve. They will take the time to review your case and determine what will be required to prove your case. They can even estimate your damages so you have an idea of what your case may be worth.
Contact the offices of Brumback & Langley, LLC today to schedule your initial consultation. It is absolutely free and will give you a chance to ask any questions or concerns you may have. Call (864)-326-0424 today!