PERSONAL INJURY & TORT CLAIMS.
Personal Injury Defined.
The term "Personal Injury" generally refers to a PHYSICAL injury caused by the negligent,
reckless, or intentional actions of another person. Damages to property are generally not
considered personal injuries, although they are personal in a sense, and frequently arise at the
same time as personal injury claims.
A tort is an injury to a person or his/her property caused by some other person's negligence,
recklessness, intentiional act, or violation of some other duty or statute. Breach of contract is not
a tort. Most personal injury claims are tort claims. However, not all tort claims are based on
Examples of Personal Injury Claims.
Personal Injury Claims include: Airplane Crashes, Assault, Battery, Automobile Accidents -
Car Wrecks, Bicycle Accidents, Defective Products, Dog & Other Animal Attacks, Medical
Malpractice, Moped Accidents, Motorcycle Accidents, Motor Vehicle Accidents, Negligence,
Nursing Home Negligence, Nursing Malpractice, Premises Liability, Products Liability, Railroad
Work Injuries (FELA) and Accidents, Slander, Slip & Fall, Strict Liability, Truck Accidents,
Some of these categories, like Products Liabilty / Defective Products cover many different type
claims, such as: defective medical instruments, defective automobiles, defective machinery,
defective drugs, etc.
Other Tort Claims.
There are many general tort claims that, while technically not personal injury claims, are very
similar in nature. Such claims include: Abuse of Process, Business Torts, Civil Rights Violations,
Consumer Claims, Conversion (Stealing), Defamation, False Imprisonment, Fraud, Intentional
Infliction of Emotional Distress (Outrage), Insurance Bad Faith, Invasion of Privacy, Legal
Malpractice, Libel, Malicious Prosecution, Nuisance, Slander, Trespass, Unfair Trade Practices.
Governmental Tort Claims.
Personal injury and tort claims against the State of South Carolina and its subdivisions (counties,
cities, agencies, etc.) are governed by the South Carolina Tort Claims Act. Claims against the
federal government and its subdivisions are governed by the Federal Tort Claims Act. These
claims have also sorts of special rules and deadlines.
Personal Injury Damages.
In the typical personal injury claim you are entitled to compensation for actual damages including:
--Medical Expenses (doctor bills, chiropractor bills, physical therapy bills, medication expenses,
--Lost Income. (If any).
--Pain & Suffering.
--Permanent Impairment/Disability. (If any).
--Scarring/Disfigurement. (If any).
--Death. (If applicable).
You are entitled to compensation for past losses that you have incurred, and for additional losses
that you can prove will probably happen in the future.
In some cases, if your injury is severe enough, your spouse may also have a claim for loss of
consortium (marital services).
If the person who caused your injuries was grossly negligent or reckless (for example, a drunk
driver) you might also have a claim for punitive damages.
Settlements & Lawsuits.
Most personal injury claims end up settling out of court. However, in some cases a lawsuit is
required. In most cases involving negligence the lawsuit must be filed within 3 years of the date of
the accident. Other type cases, and governmental tort claims, have different statutes of limitation.
You should consult a lawyer to determine the statute of limitations applicable to your case.
If You Have Been Injured In An Accident.
If you have been injured due to someone else's negligence, or by a defective product, click the
Accident & Injury Tips button for a list of helpful tips.
Office located in Spartanburg, S.C. Serving all of Upstate South Carolina and Western North Carolina (Social Security Only)
including: Anderson, Boiling Springs, Chesnee, Chester, Clinton, Columbus, Cowpens, Duncan, Forest City, Gaffney,
Gastonia, Greenville, Greer, Hendersonville, Inman, Kings Mountain, Landrum, Laurens, Lyman, Rock Hill, Rutherfordton,
Saluda, Shelby, Spartanburg, Spindale, Tryon, Union, Wellford, Whitmire, Woodruff.