Personal injury cases result from a variety of causes. Medical malpractice, nursing home neglect, defective products, and vehicle accidents are all examples of situations that can cause injury to an individual. Automobile accidents are the basis of a majority of personal injury cases; however accidents can also involve motorcycles, trucks, public transportation, and tire blow outs.
Personal injury claims are about people more than about compensation. Compassion, respect, and understanding are necessary during these difficult cases. If you feel that you or a loved one has a personal injury case, the lawyers at Goldfinch Winslow are here to assist you.
It is important to seek legal representation quickly in order to proceed before the statute of limitations expires. Statutes of limitations are decided by states and decide the time period in which one must file a personal injury lawsuit. In some states you may have as little as one year to file. In South Carolina, injured victims typically have up to three years from the date of the injury to file a personal injury claim (unless it is a governmental entity). If the statutory deadline for filing a case is missed, the case will be dismissed from court.
The basis for liability in personal injury suits is the ability to prove negligence by the other party, and can fall under the categories of strict liability or Intentional wrongdoing.
Strict liability is a tort law concept in which a liability for harm suffered can be imposed without the required proof of negligence. Cases of strict liability often refer to those in which a manufacturer or a designer created a defective product that caused injury or loss of life based upon negligence or breach of fitness or warranty. As long as the product can be proven to be defective, they will be held liable for the harm resulting from the defect.
An intentional wrong means that the wrong was intentionally committed. These cases are often the cause of assault, abuse, battery, false imprisonment, and even practical jokes gone awry that caused injury.
South Carolina personal injury or wrongful death laws protect victims of preventable accidents that caused personal injuries. The party responsible can be held liable for the injuries and costs.
Injuries such as back problems, broken bones, brain injury, paralysis, spinal cord injuries, burns, and complications can lead to life changing disabilities and difficulties for the victims as well as their families.
Surviving family members of those killed in wrongful death cases have rights and obligations when seeking legal action. In South Carolina, a cause of action statute had been enacted for wrongful death cases which allows a wrongful death claim to proceed in which death was “caused by the wrongful act, neglect or default of another,” and whereas the deceased would have been entitled to recover damages from the one who caused the injury – if he or she had survived the act. The wrongful death case must be sought in the name of the administrator or executor on behalf of the deceased person, or on behalf of the deceased’s spouse and children. The action can also be for the benefit of the heirs if the deceased had no spouse, children, or living parents. Damages recovered in a wrongful death suit are then divided among the heirs – or spouse, children, and living parents – in accordance to the portion they may have been entitled to if the deceased had no will, and that the recovered damages had been part of the assets of the deceased’s estate.
Damages in a wrongful death lawsuit can be those that were incurred by surviving family and can include:
- Compensation for personal injuries, pain, and suffering
- The Loss of financial support and benefits
- Medical expenses and hospital bills
- Funeral expenses and burial costs
- Physical therapy and rehabilitation
- Permanent disabilities, disfigurement, and scars
- Vehicle damage
- Lost wages and earnings
The attorneys at Goldfinch Winslow understand that you need a team that will advocate for you each step of the way. Contact us today.