After sustaining a severe injury through no fault of your own, you may be wondering what legal rights you have to seek compensation for the damages you’ve endured. Fortunately, in South Carolina, those injured by the negligence or wrongdoing of others can pursue compensation for their losses. However, this process is complex, and the insurance companies don’t always play fair. Therefore, it’s in your best interest to enlist the help of a determined Chesterfield County Personal Injury Lawyer who can help protect your rights while ensuring you receive the fair and just compensation you deserve. Please continue reading to learn how to determine whether you have a valid personal injury claim in South Carolina.
What Qualifies as a Personal Injury in South Carolina?
Personal injury law, also known as tort law, is intended to protect you if you’re injured or harmed because of someone else’s act or failure to act. That said, a personal injury occurs when one person suffers harm due to another person or entity’s negligence or wrongdoing. It’s crucial to note that if another party causes your injury, you may be eligible for monetary compensation for more than just your physical injuries. You may also be entitled to compensation for emotional and psychological injuries, such as post-traumatic stress disorder (PTSD). Therefore, to have a valid personal injury claim, your injuries must have resulted from another person or entity’s intentional, negligent, or reckless behavior. Personal injury cases most commonly arise as a result of:
- Auto accidents
- Slip & fall accidents
- Defective products
- Dog bites
- Medical Malpractice
- Construction/Work accidents
- Assault & battery
- Wrongful death
What is the Burden of Proof in Civil Cases?
To qualify for personal injury compensation, you must first fulfill the burden of proof. This means you must prove the other party’s negligence directly caused your injuries and damages. The following elements must be demonstrated to satisfy the burden of proof:
- Duty of care: The defendant had a legal responsibility to exercise reasonable care toward you.
- Breach of duty of care: The defendant, through action or inaction, behaved in a manner that failed to meet that legal duty of care.
- Causation: You suffered injuries due to the defendant’s failure to exercise reasonable care.
- Damages: You sustained economic and non-economic losses due to the injuries the defendant caused.
Ultimately, you won’t be able to receive any compensation for the damages you’ve suffered until you prove that the other party’s negligence directly caused your injuries and is, therefore, legally liable for your losses.
If you’ve been injured due to another party’s carelessness, please don’t hesitate to contact a dedicated Chesterfield County personal injury attorney. At the Cockrell Law Firm, P.C., we are prepared to help you hold responsible parties accountable for their negligence.
