Our David W. Martin Accident & Injury Lawyers in South Carolina help our residents understand their legal rights to pursue a personal injury claim after they have been hurt or lost a loved one to negligence.
Legally, we cannot simply assert that negligence occurred and caused injuries or wrongful death. We must prove that is true, so together we can pursue the best financial outcome for each of our client’s unique needs.
Here is what our South Carolina clients need to know about the legal definition of negligence, and the four factors that allow us to pursue a claim against the negligent party who caused their harm.
What is the South Carolina Personal Injury Definition of Negligence?
In South Carolina, the legal definition of negligence is the failure to use reasonable care, resulting in damage or injury to another.
Unfortunately, when negligence is a factor anywhere, people are going to get hurt or killed in collisions, on dangerous premises, and even while seeking medical care.
These preventable injuries or loss of life can occur when negligence is a factor in:
- Medical facilities, when a physician or staff member does not provide the same standard of care as another in their same position, under the same circumstances, would.
- Daycares when caregivers fail to provide a safe environment for the children.
- Nursing homes when caregivers mistreat or disregard the needs of residents.
- Schools when children are physically, emotionally, or sexually abused while under the administration’s care.
- While driving, walking, riding a bike, or motorcycle when a drunk, speeding, or impaired driver is operating a vehicle.
- Shopping malls, restaurants, or retail outlets when the property owners fail to provide safe conditions for guests.
- Premises where patrons are injured or killed due to lack of, ineffective, or overzealous security.
If you or someone you love has been injured or lost their life to negligent actions, inaction, or conditions, contact our skilled South Carolina personal injury lawyers for a consultation today.
What Elements Do I Have to Prove to Pursue a Personal Injury Claim in South Carolina?
In personal injury claims, the victim is called a plaintiff. When he or she is hurt because of another person, party, or combination of parties’ actions or inaction, they may be eligible to file a personal injury claim if we can prove four major factors are true.
They include:
- The negligent party, also called the defendant, was responsible to provide a duty of care.
- The defendant breached the duty of care.
- The defendant’s actions caused an injury to the plaintiff.
- The injury caused actual harm — which is typically in the form of financial damages https://www.davidwmartininjurylaw.com/slip-and-fall-attorney-south-carolina/ to the plaintiff.
Our David W. Martin Accident & Injury Lawyers in South Carolina review each of our prospective client’s claims to ensure we can prove all four elements, so they know whether their case qualifies for the pursuit of damages during a consultation.
What South Carolina Residents Need to Know About Comparative Fault
When our skilled South Carolina personal injury lawyers pursue a negligent party’s insurance coverage for our client’s damages, the insurance company will do all it can to undervalue or deny the claim.
Typically, the insurance representative will attempt to develop a strategy to avoid paying for our client’s complete damages. In South Carolina, that could mean citing Comparative Fault. Comparative fault is a circumstance where the plaintiff was also negligent in some significant way that contributed to his or her own injury and is responsible for more than 50% of the fault, he or she is not entitled to receive compensation.
If you or a loved one has been hurt in an accident you believe was caused by negligence, contact our skilled South Carolina personal injury lawyers today to determine whether your case meets the legal requirements to proceed with a claim.
Contact Our David W. Martin Accident & Injury Lawyers in South Carolina to Schedule a consultation Today
Contact our David W. Martin Accident & Injury Lawyers in South Carolina today by calling (803) 258-6199 to learn more about your legal rights and options to hold the negligent party — or combination of parties — liable for your complete recovery needs.
We provide consultations for all personal injury cases in South Carolina, and never charge any legal fees unless we deliver a positive outcome for your unique case.