Negligence is a fundamental concept in personal injury law. You may have the right to seek compensation if you or a loved one has been injured due to someone else’s careless actions.
However, building a successful case may require understanding negligence, its legal elements, and how to prove it in court.
Understanding Negligence in South Carolina Personal Injury Cases
Negligence occurs when someone fails to act with the care that a reasonable person would use in the same situation, causing harm to another person or their property.
This principle applies to various personal injury cases in South Carolina, including car accidents, slip and fall accidents, construction accidents, and accidents that result in catastrophic injuries. Victims of negligence in South Carolina may pursue compensation through a personal injury claim or lawsuit if they can establish that the at-fault party’s actions, or lack thereof, caused their injuries. A Charleston personal injury lawyer can help.
What Are the Elements of Negligence?
You must typically prove four elements to establish negligence in a South Carolina personal injury case. These elements include:
- Duty of care
- Breach of duty
- Causation
- Damages
To hold a negligent party legally responsible for the harm they caused, each of these elements must be proven in court.
What Is a Duty of Care?
A duty of care is a legal obligation. It requires individuals and business entities to act in a way that avoids causing harm to others. The extent of this duty depends on the relationship between the parties and the specific circumstances of the case. Here are some examples:
- Drivers have a duty to obey traffic laws and operate their vehicles safely to prevent accidents.
- Property owners have a duty to maintain safe premises for visitors.
- Medical professionals have a duty to provide competent care to their patients.
Someone may be held liable for resulting injuries due to their failure to uphold their duty of care.
What Does It Mean to Breach a Duty of Care in South Carolina?
A breach of duty occurs when a person or entity fails to exercise the level of care that a reasonable person would use in a similar situation. This could involve a specific action, such as a distracted driver running a red light or speeding. It may also involve a failure to act, such as a store owner failing to clean up a hazardous spill, which later causes a slip and fall.
What Is Causation?
It is not enough to prove that someone acted negligently. You must also demonstrate that their negligence directly caused your injuries. This is known as causation. Two types of causation must be established in personal injury cases. These include:
- Actual Cause: You must show that your injury would not have occurred “but for” the defendant’s negligence.
- Proximate Cause: You must show that the defendant’s actions were a foreseeable cause of your injuries.
Causation can be evident in certain cases, such as if a driver runs a red light and crashes into another car, causing injuries. However, proving causation may become more complex if, for example, a third vehicle swerves unexpectedly.
What Are Damages?
Lastly, you must prove that you suffered losses on account of the other party’s actions. Common types of damages include physical injuries, property damage, medical bills, pain and suffering, and out-of-pocket expenses.
How Can I Prove Negligence in A Charleston Personal Injury Case?
Proving negligence in a personal injury case requires strong evidence. The following types of evidence can help establish the elements of negligence:
- Accident reports
- Witness statements
- Medical records
- Photographic and video evidence
- Expert testimony
An experienced personal injury lawyer can help gather, organize, and present this evidence to build a strong insurance claim or personal injury case on your behalf.
Contact A Charleston Personal Injury Lawyer Today to Schedule a Free Consultation
If you have been injured due to someone else’s negligence, you deserve legal representation that will fight for your rights. Our Charleston personal injury lawyer can help you understand your legal options and fight to secure the compensation you need for your recovery. Reach out to Ty Robinson Personal Injury & Car Accident Law Firm for a free consultation. You can contact us online or call (843) 278-2222 today.
