David W. Martin Law Group personal injury attorneys in South Carolina understand that people get hurt every day while traveling our roadways, crossing the street, or even when seeking medical care in a professional facility.
Before we can legally and successfully pursue a claim for South Carolinians who were injured or lost a loved one to wrongful death, we must prove negligence actually occurred.
Here is how we reach the legal threshold to move forward with our clients’ important claims.
What is the Definition of Negligence During a South Carolina Personal Injury Claim?
The legal definition of negligence in South Carolina is the failure to use reasonable care, resulting in damage or injury to another.
These preventable injuries or loss of life can occur anywhere when negligence is a factor.
That includes common places like:
- Daycare centers or other childcare serviceswhen caregivers fail to provide safe premises and conditions for the children.
- Hazardous conditions at hotels, resorts, and vacation rentals.
- 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 circumstance, would.
- Nursing homeswhen caregivers mistreat or disregard the needs of residents.
- On our roadways, when impaired, speeding, or distracted drivers injure or kill other drivers, pedestrians, bicyclists, or motorcyclists.
- Premises where patrons are injured or killed due to lack of, ineffective, or overzealous security.
- Schools when children are physically, emotionally, or sexually abusedwhile under the administration’s care.
- Sexual abuse in the workplace.
- Shopping malls, restaurants, or retail outlets when the property owners fail to provide safe conditions for guests.
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.
Proving the Four Major Factors of Negligence During a Personal Injury Claim in South Carolina
In South Carolina, injury victims or those who have lost a loved one to wrongful death, are referred to as the plaintiff during a personal injury claim. To successfully pursue the negligent party who caused their injuries or the loss of their loved one, we must prove four important factors.
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 – to the plaintiff.
At the David W. Martin Law Group, our dedicated personal injury lawyers in South Carolina review each of our prospective client’s cases to ensure we can prove all four elements, so they know whether their case qualifies for the pursuit of damages during a consultation.
What If I Am Partially At Fault for the Injurious or Fatal Incident That Led to My Personal Injury 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 the David W. Martin Law Group in South Carolina Today
Contact our skilled South Carolina personal injury lawyers at the David W. Martin Law Group today by calling (803) 548-2468 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.
Related Links:
- Can a Family Member File a Personal Injury Claim on Behalf of a Loved One?
- What Type of Evidence & Documentation Do I Need to File a Personal Injury?
- Why Should I Hire a South Carolina Personal Injury Lawyer?
- How to File a SC Injury Claim with USAA Online
- March is Brain Injury Awareness Month
