Our Greenville personal injury lawyers handle a range of personal injury claims, representing individuals and their families. Have you been injured in South Carolina? This could be a car wreck, truck accident, motorcycle accident, wrongful death, dog bite, or something else entirely. Our lawyers understand what it is like to be the victim of another person’s negligence, and we are successful at getting compensation for victims of cases just like yours.
Personal injury claims occur when one person harms another person through negligent actions. These cases include various situations such as:
Slip and fall accidents;
Medical malpractice;
Product liability;
Car accidents;
Wrongful death;
Bike accidents; and
Workers’ compensation.
To have a successful personal injury claim, the plaintiff generally needs to demonstrate that the defendant was intentionally negligent, acted recklessly, or failed to act, and that led to the plaintiff’s injuries.
HOW DO YOU PROVE NEGLIGENCE?
A negligence claim requires proof of four elements: duty, breach, causation, and damages. Duty refers to the legal obligation that individuals have to exercise reasonable care to prevent foreseeable harm to other people. For example, drivers have a duty to operate their vehicles in a reasonably safe manner to protect against car accidents. A breach occurs when an individual fails to exercise reasonable care, and their conduct falls below what is expected of someone in the same situation.
This could mean texting while driving in a car accident scenario. It is a breach because drivers are expected to focus on the road and prevent car accidents, texting is not reasonable when driving, and it is also illegal. Causation requires proof that the actions of the individual who caused the harm were the direct cause of the plaintiff’s injury. Finally, damages that result from the injury can include medical expenses, lost wages, property damages, and pain and suffering.
