There are seemingly infinite ways you can be injured. You can be injured in a fight with another person, in an attack by an animal, on a bicycle, in a car, on a boat, due to your own confusion or dizziness, or due to a medical professional’s negligence. Between your lost wages, your medical bills, and simple, often overlooked expenses like mobility aids, over-the-counter pain medication, bandages, and the need for in-home domestic help, being injured can be expensive.
Do not shoulder the financial burden of your injury alone. If another party was responsible for your injury, even partially so, you can seek compensation for your damages from that party’s insurance provider through a personal injury claim. In South Carolina, a personal injury victim may recover compensation for his or her damages as long as his or her fault does not exceed the other party’s percentage of fault for the accident. In other words, if you are deemed to be 30 percent at fault for your accident, you may recover compensation. If you are deemed to be 51 percent or more at fault, you may not. But if you are 50 percent or less at fault for your accident, the total amount of compensation you may receive is reduced accordingly. In a case where a victim seeks $100,000 in compensation but is deemed to be 30 percent at fault, he or she may only recover up to $70,000 in compensation.
Below are three common ways victims are injured through others’ negligence.
Car Accident Injuries
Most of us drive our cars every day. When you are a driver or passenger in the car, you share the road with other cars and passenger vehicles, motorcycles, commercial trucks, buses, and pedestrians and bicyclists. When any other party on the road breaks the posted traffic laws or acts recklessly, you and other motorists can be injured. A few examples of reckless behavior on the road include:
- Driving drunk or under the influence of another drug;
- Using a cell phone while driving;
- Driving tired; and
- Driving in an aggressive manner.
Many different injuries can result from a car accident, like broken bones, burns, traumatic brain injuries, and cuts.
Slips, Falls, and Other Premises-Related Injuries
Property owners have the responsibility to keep visitors to their property safe by removing any hazards on the property. Generally, these hazards put visitors at risk of slips and falls, but they can also be items or conditions that put visitors at risk of being burned, electrocuted, or injured from a falling or projectile object. Examples of common premises hazards include:
- Broken stairs and handrails;
- Frayed electrical cords;
- Unsecured carpets;
- Broken sidewalks;
- Sinkholes; and
- Open flames.
Medical Malpractice Injuries
We trust doctors and other healthcare providers to work diligently and warn us of potential complications and risks associated with our health conditions and treatments. When a healthcare provider does not uphold his or her responsibility to explain medical risks to patients, test them thoroughly to obtain accurate diagnoses and create appropriate treatment plans, or to obtain each patient’s consent before performing medical procedures, he or she may be held liable for the patient’s damages related to an act of medical malpractice. A few examples of healthcare provider negligence include:
- Diagnosing a condition incorrectly;
- Giving a patient the wrong type of medicine for his or her condition or an incorrect dosage;
- Failing to warn a patient of the risks associated with his or her treatment before performing the treatment; and
- Failing to perform medical treatments with sterile equipment or in a sterile environment, putting the patient at risk of developing an infection.
Seeking Compensation for Damages Following a Personal Injury
With any personal injury claim, the claimant needs to prove the following:
- Another party had the duty to protect the victim from harm, even if that duty simply meant following the posted traffic signs;
- Because of the negligent party’s actions, the victim suffered an injury; and
- Because of his or her injury suffered in the accident, the victim suffered specific economic damages.
You can prove these facts through evidence. Photographs of the accident, your medical record, the official police report for the accident, your pay stubs showing time out of work, and testimonies from witnesses to the accident are all pieces of evidence you can use to support your claim. Your lawyer can help you obtain the evidence you need and use it effectively.
Work With an Experienced Clinton Personal Injury Lawyer
If you have been injured in any type of accident caused by another party’s negligence, you could be entitled to recover monetary compensation for your damages through a personal injury claim. To learn more, set up your initial consultation with a member of our team of experienced personal injury lawyers at Joye Law Firm. We are here to answer your questions and advocate for you as you proceed with your personal injury claim.