(150+)Accidents are expensive. After a car crash or slip and fall, many victims end up in the hospital, only to return home and not only have to focus on recovery but also pay their exorbitant medical bills. And those suffering the worst injuries cannot work, draining their family of necessary resources.
A personal injury claim is a big help, but you need to prove that someone else is liable or “at fault” for your accident. That’s where negligence comes in. This is a legal theory our firm relies on to bring most accident claims. We spend hours analyzing the best way to prove negligence in your case. Call today to speak with a Greenville personal injury lawyer.
What is Personal Injury Negligence?
Put simply, negligence is the failure to use reasonable care, which ends up hurting someone.
Negligence has the following elements in South Carolina:
- Duty to the victim. A defendant must have owed the victim a duty to act carefully. Sometimes, a duty is created by contract, but mostly, it is created by physical proximity.
- Breach of the duty of care. A defendant “breaches” the duty when they fail to act with reasonable care.
- Causation. The defendant’s breach must have caused the victim’s accident and/or injuries.
- Damages. The victim suffers bodily injuries or other legally recognized losses, which are called damages. Medical care, pain and suffering, and mental distress are all damages.
That’s the law. But what does it mean, practically speaking?
In our experience, breach is the most disputed element. We need evidence showing the defendant did not act with sufficient care, which ended up causing your accident and hurting you.
How to Prove Negligence in Personal Injury Cases
The evidence we need will depend on the case.
Motor Vehicle Accidents
Negligence in motor vehicle collisions takes some familiar forms:
- Driving while distracted or texting
- Failing to yield
- Tailgating
- Passing or changing lanes illegally
- Driving while fatigued
- Drunk driving
- Failing to use turn signals
- Backing up without using mirrors
In each of these examples, a driver has not acted with the care we normally expect of drivers. Just the opposite—they have been careless, if not dangerous. We can hold them liable for the accident.
Slip and Falls
A visitor can slip or trip on a hazard, which sends them sprawling. The key question will be if the property owner/occupier created the hazard or knew about it.
Some hazards include:
- Trash all over the floor
- Pooled water
- Condensation dripping out of an air conditioner
- Loose carpets or tiles
- Waxed floors
- Uneven steps or stairs
A property owner who refuses to fix this hazard is possibly negligent if they invite someone onto the property. We often look for proof that the owner knew of the hazard. For example, a store might have security cameras inside, which show how long the hazard has existed.
Premises Liability Claim
Other property-related claims involving falling merchandise, electrocution, and negligent security.
We usually ask some questions to help determine negligence:
- Did the owner know about the hazard or foresee the risk to a visitor?
- Did the owner take reasonable steps to minimize the harm?
- Did the owner notify visitors of the damage?
Birth Injuries
Each year, thousands of babies suffer a birth injury due to their medical team’s negligence. South Carolina holds providers like doctors and nurses to a higher standard of care. They have specialized training, so that is only fair.
Some children suffer birth injuries due to a failure to follow the correct standard of care:
- Failure to diagnose fetal distress
- Delayed C-section
- Prescribing inappropriate drugs or administering the wrong dosage
- Clumsy use of forceps
What Evidence is Helpful to Prove Negligence?
Injured victims must come forward with evidence of negligence. Our team searches high and low for evidence to use to help reconstruct what happened. In this way, we can shine a light on the defendant’s failure to use reasonable care.
After a slip and fall, for example, helpful evidence includes:
- Photographs of the hazard that tripped you up. Use your phone to get a picture of the puddle of water, banana peel, or piece of paper—whatever caused you to lose your footing. This photograph helps establish it existed; otherwise, the defendant could blame you for tripping over your own shoelaces.
- Witnesses who can testify that you slipped on a hazard. These witnesses can support your version of events.
- Video evidence. Did you slip in a store? Most stores have security cameras for anti-theft purposes. If you call our Greenville personal injury lawyer, we can jump in and ask them to preserve the video for use. The video can show how long the hazard existed or if the owner created the hazard.
Other cases require different evidence. Birth injury cases usually rely heavily on medical records as well as expert testimony. You can trust our firm to leave no stone unturned.
You Also Must Prove Damages
We have focused on breach of a duty because it is usually the most contested element. But other disputes turn on whether you are really injured. We can help prove out-of-pocket expenses, such as:
- Medical care to treat your injuries
- Ongoing rehabilitation or physical therapy
- Wage or income loss (when you cannot work)
- Any property damage, such as car damage after a crash
Accident victims can also claim pain and suffering damages, which are harder to prove. A broken bone shows up on an X-ray, but no test can measure your pain. Contact our office so we can begin to strategize how to document your bodily pain.
Speak with a Greenville Personal Injury Lawyer in a Confidential Consultation
The road to settlement is rocky and full of hazards, and fair settlements do not come easy. You deserve a seasoned legal advocate who understands how to find proof of negligence and can fight to maximize your financial recovery. Contact us today to schedule a free consultation with Elliott Frazier — Family, Personal Injury, & Car Accident Attorneys, LLC.
