What Qualifies as a Personal Injury Case in South Carolina?
A personal injury may result from a slip and fall, dog bite, defective product, or motor vehicle crash. If you have been injured in any type of capacity, you may assume that you can make a personal injury claim no matter the circumstances. The truth is more complex. It is important for accident victims to understand what elements must be present for a valid claim.
In this blog, our Personal Injury Attorneys discuss the legal basis for a personal injury case and why you need the assistance of a personal injury attorney.
Determining Fault
A personal injury victim must demonstrate that another party was negligent, thereby causing their injuries. To do so, the following must be established:
Duty of Care
The injured party must show that the other person had a duty to use reasonable care. In South Carolina, store owners have a duty to maintain a property in reasonably safe condition for customers.
Breach of Duty
If a store owner fails to maintain the property in a reasonably safe condition, this is considered a breach of duty. The violation of duty requires that the property owner be aware or should be aware of the dangerous condition.
Causation
You must show that the store owner’s failure to remedy the dangerous condition resulted in your injuries.
Damages
As a result of the owner’s actions, you suffered measurable losses. This may be in the form of medical expenses, lost wages, and pain and suffering.
Compensation for Losses
An injured party does not have a valid personal injury claim unless they lost something of value. Compensatory damages are actual losses sustained by the victim, being either economic or noneconomic in nature.
Economic damages are any verifiable pecuniary losses. These include both current and future losses, such as:
- Emergency room visits
- Surgeries and procedures
- Future medical expenses
- Lost wages
- Loss of future earnings
Noneconomic damages, on the other hand, are non-monetary losses that impact a person’s quality of life but are not easily quantified. These intangible losses may include:
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of society and companionship
- Injury to reputation
Seeking Representation from an Experienced Personal Injury Lawyer
If you were injured due to another person’s carelessness, the strength of available evidence will determine how much your claim is worth. While a property owner may argue that you were informed of a property defect, you will need to show that you were not given a fair warning. Finding pertinent evidence is no simple task and is best left to an experienced personal injury lawyer.
Besides retrieving convincing evidence, a personal injury lawyer will compile documentation to submit to the insurance company. This process may take several hours, and failing to provide all the requested information may result in your claim being denied. Our Charleston personal injury lawyers will see your case from start to finish, ensuring that the process is handled seamlessly.
Reach Out to a Charleston Personal Injury Lawyer Today
A personal injury can limit your mobility, preventing you from doing the things you enjoy. If you or a loved one have fallen victim to a personal injury, our legal team is ready to fight for the compensation that you deserve. To schedule your free consultation with one of our Charleston personal injury lawyers, contact us by phone or by filling out our online contact form.