If you have been injured in an accident, you may be wondering what to do next. This blog post will overview personal injury accidents and the claims process. We will discuss the different types of accidents, how to file a claim and common settlement amounts. If you have been injured in an accident in South Carolina, it is essential to consult with injury attorneys in South Carolina to learn about your legal options.
Types of Personal Injury Accidents
Many different types of accidents can result in personal injury. Here are some of the most common:
- Car Accidents
Car accidents are the most common type of personal injury accident. They can occur when one driver is negligent or reckless. Common examples of negligence include texting while driving, driving under the influence of drugs or alcohol, and failing to yield the right of way. You can always file a case or simply go for personal injury settlements out of court with the help of professional experts.
- Slip and Fall Accidents
Slip and fall accidents can occur on both public and private property. They are typically the result of hazardous conditions, such as wet floors, cracked sidewalks, or uneven stairs.
- Medical Malpractice
Also known as birth injury, a doctor or other medical professional causes an injury to a patient through negligence. Common examples of medical malpractice include failing to diagnose a disease, performing surgery on the wrong body part, and prescribing the wrong medication.
- Workplace Accidents
Workplace accidents can occur in any job. They are often the result of dangerous conditions, such as exposure to hazardous materials, inadequate safety equipment, or unsafe work practices.
- Product Liability
This type of accident occurs when a defective product causes injury. Common defective products include faulty electrical wiring, defective tires, and dangerous chemicals.
Types of Personal Injury Accidents Claims
There are two main types of personal injury claims:
- Compensatory Damages
This type of damage is meant to compensate the victim for their losses. It can include medical expenses, lost wages, and pain and suffering. Also known as “economic damages,” they are calculated based on the victim’s actual losses. For example, if the victim has $5,000 in medical bills and loses $2,000 in wages, the compensatory damages would be $7,000.
- Punitive Damages
This type of damage is meant to punish the at-fault party for negligence. It is typically only awarded in cases of gross negligence or recklessness. Also known as “exemplary damages,” they are calculated based on the at-fault party’s conduct. In some cases, punitive damages can be as much as four times the amount of compensatory damages.
Personal Injury Accidents Settlements
Personal injury settlements are typically calculated based on the victim’s damages. In most cases, the at-fault party’s insurance company will offer a lower settlement than the victim’s actual damages. The victim can then either accept the settlement or reject it and file a lawsuit. If the case goes to trial, the jury will determine the number of damages. The jury may award more than the victim’s actual damages in some cases.
When it comes to personal injury settlements, there is no one-size-fits-all solution. The settlement amount will depend on many factors, such as the severity of the injury, the type of accident, and the state in which the accident occurred.