Story by Joel Berly
July 14, 2025
When accidents happen, understanding your legal rights can help you secure compensation for injuries caused by someone else’s negligence. Here are seven common personal injury case types and what you need to know about each:
Key Takeaways:
If you’ve been injured, seek medical attention, document everything, and contact a personal injury lawyer to explore your legal options.
Motor vehicle accidents are the leading type of personal injury claims in South Carolina, and the numbers tell a troubling story. Year after year, South Carolina ranks as one of the most dangerous states for drivers, according to Goings Law Firm, LLC. The state sees over 1,000 fatalities and thousands of injuries from car accidents annually. In Charleston County alone, more than 15,000 accidents occur each year, underscoring just how widespread this issue is. The rise in traffic accidents in recent years is often linked to distracted driving, with major highways like I-26, I-85, I-20, and I-95 being frequent sites for crashes.
Car Accidents dominate motor vehicle cases, ranging from minor bumps to devastating multi-car collisions. Shockingly, over 90% of accidents are caused by driver-related factors. Common culprits include drunk driving, distractions behind the wheel, reckless behavior, and failing to yield.
South Carolina operates under an at-fault system, meaning the driver responsible for the crash must cover damages. The state also follows a modified comparative negligence rule (S.C. Code § 15-38-15), which adjusts compensation based on the percentage of fault. For instance, if you’re found 30% at fault, your compensation will be reduced by that same percentage.
Determining fault relies on the "reasonably prudent person" standard, with evidence like police reports, witness statements, medical records, and traffic camera footage playing a key role. Common accident scenarios include rear-end collisions, running red lights, speeding, and distracted driving.
If you’re involved in an accident, acting quickly is crucial. Start by ensuring everyone’s safety – check for injuries, move to a safer spot, and set up warning signals if possible. Report the accident to the police, especially if there are injuries or significant damage, and gather evidence such as photos and witness contact information.
It’s also essential to seek medical attention promptly, even if you don’t feel hurt right away. Keep detailed records of all medical treatments and related expenses, as these documents are vital for your claim.
Having an attorney on your side can make a big difference in the outcome of your case. Insurance adjusters often aim to minimize payouts, so avoid making statements to them without consulting legal counsel first. Additionally, with around 10.9% of South Carolina drivers being uninsured, recovering damages can become even more complicated. Notify your insurance company of the accident, but be cautious about sharing too many details without legal advice.
Motor vehicle accidents can bring overwhelming financial burdens, including medical bills, lost income, pain and suffering, property damage, and more. Fatal accidents are often investigated by the Highway Patrol instead of local law enforcement.
After motor vehicle accidents, slip and fall incidents rank as one of the most common hazards in South Carolina. Across the U.S., these accidents lead to about 800,000 fall-related hospitalizations every year. Falls also result in 300,000 hip fracture treatments annually. The financial burden is staggering, with total medical costs for falls exceeding $50 billion each year in the U.S..
In workplaces, slips accounted for nearly 150,000 lost workdays in 2018 alone. That same year, falls were responsible for nearly a third of all preventable nonfatal injuries. The risks are even more pronounced for older adults. Falls are the cause of 95% of hip fractures and are a leading factor in traumatic brain injury-related deaths among people aged 65 and older. In South Carolina, about 27% of residents aged 65 or older reported experiencing a fall in 2018.
Slip and fall accidents often stem from preventable hazards. Property owners are expected to address these risks promptly to ensure safety. For instance, wet floors should be marked with clear signage and equipped with non-slip mats. Uneven walkways – such as cracked sidewalks, broken pavement, or surfaces with slight height differences – should be repaired or clearly marked to warn visitors.
Poor lighting is another frequent issue, especially in areas like parking lots, stairwells, and hallways. Dim or inadequate lighting can make it difficult to spot hazards. Loose rugs, carpets, or floor mats can also pose tripping risks. Regular maintenance and proper securing of these items can prevent accidents, and carpeting should be replaced when it becomes unsafe.
Weather can add another layer of risk. In South Carolina, rainy seasons and occasional winter weather create slippery conditions. Property owners are expected to take reasonable steps to mitigate these risks, such as using non-slip mats or de-icing solutions during inclement weather.
"Slip and falls are largely preventable with the proper safety precautions from businesses and property owners." – Jordan Law Center
Recognizing these common hazards is essential, especially when establishing negligence in premises liability cases.
To establish negligence in a slip and fall case, the injured party must prove four key elements: the property owner owed a duty of care, breached that duty, directly caused the injury, and inflicted damages as a result. The level of care owed depends on the visitor’s legal classification.
Negligence can be proven by showing the property owner knew – or should have known – about a hazard. For example, if a hazard existed long enough, a reasonable property owner would have noticed and addressed it. Evidence like photographs, witness statements, and incident reports can strengthen a claim.
Defendants often raise defenses, such as arguing the hazard was open and obvious, the plaintiff assumed the risk, or that the plaintiff was partially at fault. South Carolina follows a modified comparative negligence rule, which reduces damages based on the plaintiff’s percentage of fault. However, if the plaintiff is found to be 50% or more at fault, they cannot recover damages.
The timeline for filing a claim is limited. In South Carolina, the statute of limitations for most slip and fall cases is three years from the date of the injury, but it drops to two years if the government is involved. Acting quickly after an accident helps preserve evidence, protect your rights, and ensure you can hold the responsible parties accountable.
Medical malpractice happens when healthcare providers fail to meet the expected standards of care, which can lead to serious harm. For residents of South Carolina, understanding what qualifies as medical malpractice is crucial, especially when substandard care may call for legal action. Alarmingly, medical errors are the third-leading cause of death in the United States, underscoring the devastating impact these mistakes can have on patients and their families. In South Carolina, the law defines medical malpractice as "doing that which the reasonably prudent health care provider or health care institution would not do or not doing that which the reasonably prudent health care provider or health care institution would do in the same or similar circumstances".
Over the past decade, the financial stakes in malpractice cases have grown. The average claim amount rose nearly 50%, from $400,000 in 2009 to $600,000 in 2019.
"Medical malpractice occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient." – American Board of Professional Liability Attorneys
If you suspect you’ve received substandard care, it’s important to understand what qualifies as malpractice. Not every medical error leads to a valid legal claim, which is why consulting a South Carolina medical malpractice attorney promptly is essential. Below, we explore common types of malpractice to provide further clarity.
Medical malpractice can take many forms, including:
A notable case at Prisma Health Richland Hospital in Columbia involved Jodie Roberts, who suffered severe brain damage due to undiagnosed preeclampsia. This tragic oversight led to a $2.1 million settlement.
Winning a medical malpractice case requires proving four key elements: duty, breach, causation, and damages. Expert testimony is often necessary to establish that the provider deviated from accepted medical standards. Proving causation can be particularly difficult, as it demands clear evidence linking the breach to significant injury or financial loss.
If you suspect malpractice, consider these steps:
Timing is critical. South Carolina law sets a three-year statute of limitations for filing medical malpractice lawsuits, starting from the date of the injury or its discovery. Acting quickly ensures evidence is preserved and your legal rights are protected.
Every year, thousands of workers in South Carolina endure physical harm, emotional challenges, and financial setbacks due to workplace injuries. In 2023 alone, private industry employers in the state reported 30,100 nonfatal workplace injuries and illnesses, while state and local government sectors added another 9,300 cases to the tally. Tragically, about 120 workers lose their lives annually in job-related accidents across South Carolina. Additionally, the South Carolina Occupational Safety and Health Administration (SC OSHA) estimates that around 30,000 people are injured at work each year. These numbers highlight how crucial it is to understand your rights if you’re hurt on the job.
Sprains and strains top the list of workplace injuries, often stemming from lifting heavy objects, repetitive tasks, or sudden movements. These injuries frequently affect areas like the back, shoulders, and wrists, impacting muscles, tendons, and ligaments.
Other leading causes of work-related injuries include contact with objects and equipment, overexertion, and falls, slips, or trips. Contact with objects and equipment is particularly concerning – nationwide, 196,140 such injuries in 2020 required workers to take time off.
Exposure to hazardous substances also presents serious risks. Workers can suffer chemical burns, respiratory issues, or even long-term illnesses from handling toxic materials. Fortunately, South Carolina’s workers’ compensation system addresses acute injuries, occupational diseases, and repetitive trauma injuries.
Motor vehicle accidents on the job are another significant concern, contributing to workplace fatalities. In 2020, 1,038 workers in the U.S. lost their lives in work-related vehicle accidents. These incidents often involve delivery drivers, construction workers traveling between sites, or employees using company vehicles. These risks reinforce the importance of knowing your legal rights in such situations.
When a workplace injury occurs, understanding your legal options is essential. In South Carolina, workers generally have two main paths: filing a workers’ compensation claim or pursuing a personal injury lawsuit.
Workers’ compensation is a no-fault system, meaning you can receive benefits regardless of who caused the injury. It covers medical treatment, wage replacement, permanent disability benefits, and death benefits for dependents. However, once you file this type of claim, you typically forfeit the right to sue your employer unless the injury resulted from intentional harm.
On the other hand, personal injury claims require proof of negligence or intentional wrongdoing. These cases can offer broader compensation, covering not only medical expenses and lost wages but also pain and suffering, future medical costs, and diminished earning capacity. Unlike workers’ compensation claims, personal injury cases are resolved through civil court proceedings.
Here’s a quick comparison to help clarify the differences:
| Feature | Workers’ Compensation | Personal Injury Claim |
|---|---|---|
| Fault | No-fault | Requires proving negligence or intent |
| Damages | Covers medical expenses, lost wages, disability benefits | Includes medical expenses, lost wages, pain and suffering, emotional distress, punitive damages |
| Process | Handled through an administrative claim | Handled through civil litigation |
| Right to Sue Employer | Generally not allowed | Permitted in certain situations |
You might consider a personal injury claim in addition to, or instead of, workers’ compensation if your injury resulted from employer negligence, a defective product, intentional harm, toxic or illegal substances, or the actions of a third party unrelated to your employer.
After a workplace injury, taking the right steps is critical. Report the injury to your employer as soon as possible, seek medical attention, keep detailed records, and consult a personal injury attorney if your injuries are severe or you suspect negligence. While workers’ compensation is often the sole remedy for employer or co-worker negligence, you may still have the option to file a separate claim against a third party responsible for your injury.
Navigating workplace injury claims can be complex, so seeking professional legal advice can help ensure you receive the compensation you deserve. Understanding your options is the first step toward protecting your health, finances, and future.
If you’ve been harmed by a defective product, you may have grounds for a product liability claim. These claims aim to hold manufacturers, sellers, and distributors accountable for injuries caused by unsafe products. In South Carolina, these parties can be held responsible for damages if their product is found to be defective. However, casual sellers – like someone selling items at a yard sale – are typically not liable.
Product liability cases often rely on the concept of strict liability, meaning that a product is considered dangerous by its very nature. South Carolina also applies a modified comparative fault rule. This means your compensation will be reduced by the percentage of fault assigned to you. If you’re deemed 50% or more responsible for your injury, you won’t be able to recover damages. Keep in mind that you must file your claim within three years of the injury.
Here are the main types of defects that could form the basis of such a claim.
Product liability claims generally fall into three categories: design defects, manufacturing defects, and marketing defects.
Interestingly, in 47 states, plaintiffs must prove that a product’s design is defective. However, in Alaska, California, and Hawaii, the burden shifts to the defendant to prove that the design is not defective.
Understanding these categories is crucial for building a strong case.
If you suspect a defective product caused your injury, taking the right steps can significantly strengthen your claim. Here’s what you should do:
Having the right legal support can make all the difference in protecting your rights and securing fair compensation.
Dog bites can lead to severe injuries and hefty medical bills. Each year, over 4.5 million Americans are bitten by dogs, with children making up a significant portion of the victims. Alarmingly, about 20% of these cases require medical care. In 2024, with 65.1 million households owning dogs, it’s important to understand your rights if you or someone you know is bitten.
South Carolina has strict laws in place to protect victims of dog bites, holding dog owners accountable without requiring proof of negligence – unlike product liability cases.
South Carolina enforces strict liability when it comes to dog bite cases. This means dog owners are automatically held responsible for injuries caused by their dogs, even if the dog has no history of aggression or biting [72, 74].
Under South Carolina Statute Section 47-3-110:
"If a person is bitten or otherwise attacked by a dog while the person is in a public place or is lawfully in a private place, including the property of the dog owner or person having the dog in the person’s care or keeping, the dog owner or person having the dog in the person’s care or keeping is liable for the damages suffered by the person bitten or otherwise attacked."
This law sets South Carolina apart from states that follow the "one bite rule", where victims must prove the dog had previously shown aggressive behavior. Whether you’re walking on a public sidewalk, delivering packages, or visiting someone’s home, the law ensures you’re protected if a dog bites you while you’re in a lawful location [73, 74].
However, there are exceptions. Owners are not liable if the victim provoked the dog by teasing, abusing, or harassing it, or if the victim was trespassing on private property [72, 73, 77]. Liability isn’t limited to the dog owner – it can also extend to anyone who had custody or control of the dog at the time of the incident. In certain situations, even landlords may be held responsible, such as when an attack occurs in a common area of a multi-unit property.
For dogs classified as "dangerous animals" under South Carolina law (Section 47-3-710), owners are required to take specific precautions, including restraining the dog and obtaining liability insurance. A dog may be labeled dangerous if it has a history of unprovoked attacks, causing injury, or posing a threat to people or other animals.
If you’re bitten, taking immediate action to document and report the incident is crucial.
How you respond after a dog bite can make or break your case – and protect your health. Seek medical attention immediately, even for minor bites, as they can lead to infections. Prompt medical care also ensures your injuries are properly documented.
Report the attack to local animal control, the South Carolina Department of Health and Environmental Control (DHEC), and the police to create an official record of the incident [75, 76]. Be thorough in documenting the details: take photos of your injuries, note the time and location, and gather contact information from any witnesses [75, 76].
Save any clothing worn during the attack as evidence, and if possible, collect the dog owner’s contact information and insurance details. Keep detailed records of your medical treatments, expenses, and any time missed from work. Dog bite claims are often covered by insurance policies, which typically have limits ranging from $100,000 to $300,000.
To build a strong case, you’ll need to prove the dog’s owner or handler, your lawful presence at the scene, and that the attack was unprovoked. Evidence like medical records, witness statements, photos or videos, and official reports from animal control or law enforcement will be key to supporting your claim.
Before dealing with insurance adjusters, consult an experienced dog bite attorney. Insurance companies may try to downplay your injuries or push for a quick settlement that doesn’t fully cover your losses [75, 76].
In South Carolina, when a death occurs due to negligence or reckless behavior, the law provides families with a way to seek justice and financial relief through wrongful death claims. These lawsuits not only help ease financial strains but also ensure that those responsible are held accountable. Through this legal process, families can recover both monetary losses and compensation for emotional suffering.
Unlike other personal injury cases where the victim files the lawsuit, wrongful death claims must be initiated by specific individuals acting on behalf of the deceased. Knowing who is eligible to file and what types of compensation are available is essential during such a challenging time.
A wrongful death claim applies when someone’s life is lost as a result of another person’s negligent, reckless, or intentional actions. Since the deceased cannot file the lawsuit, the responsibility falls to designated survivors.
Common causes of wrongful death claims include fatal car accidents, medical malpractice, workplace injuries, defective products, and violent crimes.
In South Carolina, only certain individuals are allowed to file a wrongful death lawsuit. The claim must be initiated by the executor or administrator of the deceased’s estate, acting on behalf of the survivors. According to South Carolina Code § 15-51-20, the order of beneficiaries eligible for compensation begins with the surviving spouse and children. If there is no spouse or child, the surviving parents may recover damages, and if there are no surviving parents, spouse, or children, the deceased’s heirs become eligible.
There is a strict time limit for filing these claims. In South Carolina, the statute of limitations is three years from the date of the person’s death. Acting quickly is critical to protect your legal rights.
Once a wrongful death claim is established, families may pursue compensation for both financial and emotional losses. These damages are intended to address the economic and non-economic hardships caused by the loss.
Economic damages cover measurable financial losses and are not capped in South Carolina. These include costs such as funeral and burial expenses, medical bills tied to the deceased’s final illness or injury, lost wages, and the loss of future earning potential. Calculating lost future earnings often involves analyzing the deceased’s life expectancy and earning capacity, sometimes with input from economic experts.
Non-economic damages focus on the emotional toll on the survivors. Families can seek compensation for pain and suffering, mental anguish, and the loss of companionship and care.
In certain cases, punitive damages may also be awarded. These are intended to punish the defendant if their actions are proven to be willful, wanton, or reckless. Punitive damages in South Carolina are capped at the greater of three times the total actual damages (economic and non-economic combined) or $500,000.
Courts take several factors into account when determining compensation, including the number and relationship of surviving family members, the emotional impact on those left behind, the support and care provided by the deceased, and the deceased’s overall health and life expectancy.
Under state law, compensation is generally distributed with half going to the surviving spouse and the other half divided equally among the children. If there is no spouse or children, parents who supported the deceased during childhood may receive the award.
For deaths that occur in the workplace, families may have additional options. Workers’ compensation benefits could provide up to $12,000 for funeral costs and two-thirds of the deceased’s salary for up to 500 weeks. However, consulting with a South Carolina wrongful death attorney can help determine whether filing a wrongful death claim might result in greater compensation than workers’ compensation alone.
Filing a wrongful death claim involves gathering evidence – such as medical records and witness statements – and drafting a complaint that outlines the facts, legal grounds, and damages being sought. While settlements can be reached at any point, in South Carolina, court approval is required for any settlement agreements.
This section dives into the differences between various personal injury case types, offering insights to help shape your legal approach. While all personal injury cases hinge on proving negligence – establishing a duty of care, a breach of that duty, causation, and damages – each type demands unique evidence and strategies. Below, we’ll explore how these cases differ and why tailoring your approach is essential.
Motor vehicle cases often center on traffic violations, slip and fall claims focus on unaddressed hazards, and medical malpractice hinges on deviations from standard medical care. Each of these cases requires specific forms of evidence. For example:
Expert testimony plays a particularly critical role in medical malpractice cases. These experts must clearly define the standard of care and show how a provider failed to meet it. This can be challenging, especially when the defense argues that the outcome was unavoidable or that the patient’s own actions contributed to the injury.
Workplace injuries present a different kind of decision-making. Injured workers often face a choice between filing for workers’ compensation or pursuing a personal injury claim. Workers’ compensation provides immediate but limited benefits, while a negligence claim can result in broader compensation. With over 35,000 occupational injury claims filed annually in South Carolina, understanding these options is vital for workers navigating their recovery.
Here’s a breakdown of key aspects by case type:
| Case Type | Liable Parties | Essential Evidence |
|---|---|---|
| Motor Vehicle Accidents | Drivers, vehicle owners, and sometimes employers | Police reports, witness statements, accident reconstructions, and vehicle damage analysis |
| Slip and Fall | Property owners and managers | Incident reports, hazard photographs, witness statements, and maintenance records |
| Medical Malpractice | Healthcare providers, hospitals, and facilities | Medical records, expert testimony, and detailed treatment documentation |
| Workplace Injuries | Employers and, in some cases, third parties | Incident reports, safety records, and witness statements |
| Product Liability | Manufacturers, distributors, and retailers | Evidence of product defects, injury documentation, and expert analysis |
| Dog Bites | Pet owners and sometimes property owners | Medical records, animal control reports, and witness statements |
| Wrongful Death | Varies based on the incident | Death certificates, medical records, and financial documentation |
Compensation varies across these cases, often including both economic and non-economic damages. Economic damages cover measurable costs like medical bills, lost wages, and future care expenses. Non-economic damages address less tangible losses, such as pain, emotional distress, and loss of enjoyment of life. In wrongful death cases, factors like the deceased’s age, earning potential, and dependents significantly influence compensation.
Recent cases in South Carolina highlight these distinctions. For example, in 2021, a jury awarded $13,500,000 to a 19-year-old man who suffered a traumatic brain injury in a car accident. This amount accounted for lifelong medical care and lost earning potential. Similarly, in a 2023 medical malpractice case involving a delayed cancer diagnosis, the plaintiff was awarded $453,919.47 to cover specialized surgery and treatment costs.
Settlement success rates also vary by case type. Studies show that wrongful death cases have a 61% success rate compared to 51% for other personal injury cases. Additionally, the median wrongful death award in California has reached approximately $2.3 million.
Recognizing these differences can help you assess your case’s potential and choose the best legal strategy. Each case type requires specific expertise and evidence, which can significantly influence the outcome.
Knowing the seven common types of personal injury cases can help South Carolina residents identify when they might have a valid claim and understand the steps they need to take. Whether it’s a motor vehicle accident, a slip and fall, medical malpractice, or a wrongful death case, each situation requires specific evidence and a unique legal approach.
The type of injury significantly influences the compensation you may receive, and understanding your case is crucial to pursuing fair outcomes. To achieve this, having skilled legal support is vital.
Tackling personal injury cases without professional help can be both stressful and costly. In South Carolina, personal injury lawyers specialize in representing individuals who have suffered physical or emotional harm due to someone else’s negligence. They handle everything from investigating claims and negotiating settlements to representing clients in court.
Experienced attorneys bring a deep understanding of South Carolina’s personal injury laws, helping clients secure the best possible compensation while managing the complexities of insurance claims. They gather critical evidence, negotiate with insurers, prepare legal documents, and advocate for clients in court. This expertise is particularly crucial in complex cases like medical malpractice or workplace injuries, where navigating the legal system can be daunting.
For example, The Law Offices of James Scott Farrin has recovered over $2 billion in compensation for more than 73,000 clients, showcasing the difference experienced legal representation can make.
If you’ve been injured due to someone else’s negligence, acting quickly is essential to protect your rights and strengthen your case. Start by seeking medical attention and documenting your injuries and the details of the incident.
The most important step? Contact a personal injury attorney as soon as possible. An experienced lawyer will guide you through every stage of the process.
Choose an attorney who communicates clearly, genuinely cares about your case, and operates with transparent fee structures. At Berly Rouse Attorneys, we offer free consultations to review your case and discuss your legal options. Plus, you won’t pay any fees unless we successfully resolve your case.
Don’t let the complexities of personal injury law stop you from pursuing the compensation you deserve. Reach out to Berly Rouse Attorneys today to discuss your case and learn how we can help guide you through the legal process.
South Carolina uses a modified comparative negligence rule, which affects how compensation is awarded in accident cases. Under this rule, you can only receive compensation if you’re found to be less than 50% at fault for the accident. If you’re 50% or more responsible, you’re not entitled to any damages.
If you’re partially at fault but still qualify for compensation, your award will be reduced based on your percentage of fault. For instance, if your damages total $100,000 but you’re deemed 20% at fault, your compensation would be reduced by $20,000, leaving you with $80,000. This makes accurately determining liability a critical part of your case.
If you’ve had a slip and fall, your first step should always be to focus on your well-being. Get medical care immediately, even if you think your injuries are minor – some issues might not show up right away. While at the scene, take clear photos of the area, including any hazards like wet floors or uneven surfaces, and document any visible injuries. Make sure to note the exact time, date, and specific details of what happened while everything is still fresh in your mind.
Be sure to report the incident to the property owner, manager, or supervisor as soon as possible. If they create an incident report, ask for a copy for your records. Keep everything related to the case, such as medical bills, receipts, and any correspondence. It’s also important to avoid discussing the fall with anyone other than your lawyer, and hold off on speaking with insurance companies until you’ve gotten legal advice. Reaching out to a personal injury attorney can help protect your rights and strengthen your case for compensation.
In South Carolina, workers’ compensation claims operate on a no-fault basis. This means you can receive benefits like medical care and partial wage replacement regardless of who caused your injury. However, these claims typically exclude non-economic damages, such as compensation for pain and suffering.
A personal injury lawsuit, on the other hand, requires proving that someone else was responsible for your workplace injury. If successful, it can cover a broader range of damages, including medical expenses, pain and suffering, and lost income. That said, pursuing a lawsuit may not be an option if you’ve already accepted workers’ compensation benefits. Additionally, the legal process and timeline for a lawsuit differ significantly from a workers’ compensation claim.
Speaking with a personal injury lawyer can clarify your options, help you navigate your specific situation, and ensure your rights are protected.
If you need experienced legal representation in Charleston, South Carolina, contact Berly Rouse. Our team is ready to help you achieve the best possible outcome. Visit our offices or call today to schedule a consultation to discuss your case.
At Berly Rouse, we’re proud to be a leading law firm in Charleston, SC, committed to serving our community with integrity, dedication, and legal excellence. Let us put our experience to work for you.
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