When filing a personal injury claim in South Carolina, it is critical that you prove negligence.
Negligence is the foundation for the majority of personal injury cases and in order to secure financial compensation, proving it is essential.
Below, one of our South Carolina personal injury lawyers outlines the standards to meet when proving negligence, and the evidence that can be used to prove your case.
What is Negligence?
In the context of personal injury law, negligence refers to the failure of one party to act with a level of care that another reasonable person would in the same situation. On its own, negligence does not mean someone is liable for paying damages. However, when a person’s or entity’s negligence causes harm or injury to someone else, they can be held liable for their careless actions.
The Four Elements of Negligence
When establishing negligence, you must prove four key elements of your case. These are as follows:
- Duty of care: A duty of care is established when under the law, there is a relationship between two parties and each owes a duty to the other to act in a reasonable manner. For example, doctors owe their patients a duty of care to provide the best possible care. Motorists have a duty of care to operate their vehicles in a reasonable manner that keeps everyone on the road safe. Proving duty of care is fairly straightforward, as everyone has a duty to avoid harming others.
- Breach of duty: Proving a breach of a duty of care is essentially proving the negligent act of the liable party. Negligent acts can occur when someone acts in a careless manner, or fails to act in a reasonable manner. For example, if a driver runs a red light and causes an accident, they have breached their duty by failing to obey traffic law. Proving a breach of duty is more challenging than proving a duty simply existed.
- Causation: Again, a negligent act is not enough to file a personal injury claim. For example, if someone ran a stop sign but the negligent act did not cause an accident, there is no reason to file a personal injury claim. When filing your claim, you must establish the direct link between the negligent act and how it caused an accident.
- Damages: Personal injury claims are intended to compensate you for the losses you sustained in an accident. These include your medical expenses, lost income, pain and suffering, and more. If there are no damages, there is nothing to compensate for and so, no personal injury claim.
All of the above elements require you to show evidence. For example, if another driver acted negligently and caused your crash, you need evidence to prove the negligent act. You also need evidence showing the nature and severity of your injuries.
Testimony of Witnesses
The testimony of eyewitnesses is very effective when proving negligence. Anyone who saw the accident, or the events that led up to it, can provide important insights as to how the accident occurred and strengthen the claims of accident victims. After any accident, it is important to locate any witnesses and ask them for their contact information. Witnesses are considered to be unbiased and so, the courts will take their statements very seriously.
Medical Documentation
When proving the damages and injuries you suffered, medical records are essential. Medical records can provide important details about the injuries you suffered, the extent of them, the treatment they require, and your prognosis for recovery. After any accident, it is critical that you obtain immediate medical care and that you follow through with all recommended medical plans. Ongoing medical documentation will not only show the extent of your damages, but also your commitment to recovering from them.
Photographs and Video Footage
Photographs and video footage are also very important pieces of evidence. While still at the scene, take pictures of the entire accident and anything involved. This can include property damage, your injuries, and anything else that is relevant, such as skid marks on the road or the spill that caused your fall. Video footage may be harder to obtain but it can sometimes be obtained from dash cams, security cameras, or bystanders. While photos can show what happened in the aftermath, video footage can prove the events leading up to the accident.
Police Reports
Some personal injury cases, such as those involving criminal activity or auto accidents, will also result in a police report. For example, you may file a personal injury claim against a business owner who did not have proper security on the premises, and that resulted in you being assaulted. In South Carolina, you are also required to report any auto accident that results in injury, death, or significant property damage.
Obtaining the police report in any of these scenarios can help indicate that the defendant was at fault.
Expert Testimony
Not all personal injury cases will require expert testimony, but it can be very helpful in certain cases. For example, accident reconstruction experts use computer technology and photographs from the scene to determine how an accident occurred. In medical malpractice cases, a medical professional may provide testimony regarding whether a physician’s actions were reasonable or not.
Pain Journal
Accident victims are often encouraged to keep a pain journal throughout their recovery. Memories can fade over time and you may forget about an injury that healed before others, or you may downplay the extent of pain you felt in the days and weeks following the accident. Keeping a pain journal can ensure you do not forget important details so you obtain the full damages you deserve.
Our Personal Injury Lawyers in South Carolina Can Prove Your Case
Collecting important evidence is crucial to your case, but while you are recovering is not the time to do it. At Rikard & Protopapas, our South Carolina personal injury lawyers know the evidence that will prove your case and will help you collect it so you can prove liability and obtain the full damages you deserve. Call us now or contact us online to schedule a consultation and to learn more about how we can help.