Understanding The Top Types of Personal Injury Claims

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January 5, 2021
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Types of Personal Injury Claims

Vehicle collisions and falls cause most of the injury-related deaths in South Carolina. Legally, both these incidents usually involve negligence or a lack of care. There are some significant differences between these two types of claims. However, in many ways, they are basically the same. For example, regardless of the specifics, most injury claims settle out of court. And, in most cases, an insurance company, not an individual, is financially responsible for these settlements.

Furthermore, diligent evidence collection, sharp legal advocacy, and good negotiation skills are necessary to ensure maximum compensation. When an Anderson personal injury attorney excels in all three areas, this compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Vehicle Collisions

Car crashes normally are not “accidents.” Human error causes about 95 percent of these incidents. This human error usually involves negligence, which as mentioned is a lack of care.

Most noncommercial drivers have a duty of reasonable care. They must avoid accidents when possible and obey the rules of the road. Commercial operators in South Carolina, such as Lyft drivers and bus drivers, normally have a higher duty of care. They must go the extra mile when it comes to driving defensively and avoiding accidents. In practical terms, unless these motorists are overly cautious, they are probably breaching the duty of care.

Evidence is essential in these claims, both to establish a lack of care and obtain maximum compensation. Proof in a car crash claim usually includes such things as the police accident report, medical records, and witness statements.

Premises Liability

This category includes falls, dog bites, swimming pool drownings, and any other on-property injury which happens away from home.

Much like a vehicle collision case, a premises liability claim begins with a legal duty. This duty varies, usually according to the relationship between the victim and owner.

  • Invitee: If the victim had permission to be on the property and the victim’s presence benefitted the owner in any way, the owner had a duty of reasonable care, as outlined above. Pretty much all business customers and social guests are invitees.
  • Licensee: A person like a child who cuts across a parking lot is usually a licensee. These individuals do not benefit the owner, but they have permission to be on the property. Since the relationship is more distant, the legal duty is lower.
  • Trespasser: Generally, no permission and no benefit means no duty. Stories of injured burglars who were injured and successfully sued homeowners for damages are mostly urban legends, although a few exceptions sometimes apply.

Furthermore, the victim must prove that the owner knew, or should have known, about the hazard which caused the fall or other injury. This proof, and most all the proof in a negligence case, must be by a preponderance of the evidence, or more likely than not.

The two main types of negligence cases are very similar to each other. For a free consultation with an experienced personal injury attorney in Anderson, contact The Law Offices of Steven M. Krause, P.A. We do not charge upfront legal fees in these matters.

FAQs

Do falls or car crashes kill more people?

Falls do, mostly because many of these victims are older people with pre-existing conditions.

What are some other leading causes of accidental death?

The number of unintentional poisoning deaths, mostly drug overdoses, has increased significantly since 2010.

How much money do I get if I was injured?

Most victims get enough money to pay their medical bills and something to make up for their emotional distress.

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