Most personal injury cases are based on the legal theory of negligence. Put simply, a person is negligent when they fail to act with sufficient care and injure another person in the process. Injured victims can seek full compensation for their damages by filing a lawsuit or negotiating a settlement.
Call McCravy, Newlon, Sturkie & Clardy for assistance. Negligence may sound like a complex concept, but it is easy to grasp, as our Spartanburg personal injury lawyer explains. This article examines the process of proving negligence and identifies the types of evidence that are most useful.
Negligence Has Four Elements in South Carolina
Anyone injured who claims negligence has the burden of proving four elements. You must prove all four to win a negligence case:
- Duty. The defendant owed you a duty of reasonable care. Typically, duty arises because the defendant is in close proximity. For example, a truck driver owes a duty to drive carefully to the motorists around them.
- Breach of duty. The defendant fails to use reasonable care, so they have “breached” this duty. In other words, they acted carelessly.
- Causation. The defendant’s breach causes the victim’s injuries. Put a different way: without the defendant’s careless actions, you would not have been injured.
- Damages. A person bringing a negligence claim needs to show they suffered losses, such as economic loss for medical bills or lost income. These are called “damages.”
This probably all sounds complicated, so call our Spartanburg personal injury lawyers for assistance. We have brought hundreds of negligence claims.
How Do You Prove Negligence in a Spartanburg Personal Injury Case?
What evidence is helpful when proving personal injury negligence? Now that you know the four elements, let’s look at common pieces of evidence.
Evidence to Prove Duty
Duty is usually straightforward. Often, duty is pretty clear simply from your testimony. For example, if you were shopping at a store, then the store owes you a duty of care simply by opening its doors and letting you inside to shop. If a person is driving on the road, they owe a duty of care to the people around them.
We usually rely on:
- Your testimony about what you were doing right before the accident.
- Other eyewitness testimony.
- The defendant’s admissions about what they were doing.
Evidence to Prove Breach
Whether the defendant acted with sufficient care is one of the more complicated issues in personal injury negligence. For example, a motorist must pay sufficient attention while driving to avoid crashing into another person or drifting into a different lane. They should follow all the rules of the road and have everyone’s safety in mind.
Often, to prove breach, we need to show why the accident happened. Some common evidence includes:
- Cell phone records, if you think the driver was distracted.
- Toxicology reports if a driver is suspected of being drunk or high.
- Witness testimony that a driver did not stop at an intersection or leave enough room when merging.
- Pictures of the vehicles at a car accident scene.
- Photographs of a hazard on the ground that caused you to slip and fall.
- Any video that shows how an accident happened.
Each case is unique, so work closely with a lawyer. Once we can visualize the accident, we can analyze whether the defendant’s actions were sufficiently careful.
Evidence to Prove Causation
Causation should be straightforward. Usually, injuries are the direct result of a traumatic blow caused by a car wreck or a fall.
The evidence used to show breach is also helpful to prove that you were hurt in an accident. Some additional pieces of evidence include:
- Medical records that show the full extent of your injuries.
- An expert medical opinion that can link your injuries to the accident.
- Your testimony that you felt pain after the accident.
Evidence of Damages
Someone could have been careless and struck you, but you don’t have a negligence claim unless you suffered damages. For example, a person could bump into you with their cart in a grocery store.
Although startled, you suffer no bodily injury. In that case, you do not have damages.
Damages are legally recognized losses, often economic in nature. Common examples of damages include:
- Medical treatment
- Lost income or wages
- Property damage
- Bodily pain
- Mental distress
To help prove your claim, you should preserve your medical bills and car repair bills. If you miss work, then we can calculate damages by looking at your recent pay stubs.
Comparative Negligence: Were You Careless, Too?
South Carolina law recognizes that accidents are not always black and white. Sometimes, even the injured victim was negligent, which could contribute to the accident.
Once upon a time, South Carolina did not let a person bring a personal injury claim if their own negligence was even 1% to blame for an accident. Thankfully, the Supreme Court changed that rule in 1991. Today, your negligence will not bar a personal injury claim unless your share of fault was more than 50%.
If under 50%, then your negligence will reduce your compensation. For these reasons, expect the defense to shine a spotlight on your actions leading up to the accident. If you were texting before a car wreck, then you could be partially to blame.
Your statements might also be used to show negligence. If you admit you were not paying attention, the defendant can use those statements. For this reason, we recommend that you do not give any statement to the insurance companies. Do not answer any questions, whether over the phone or in writing. Instead, hire a lawyer to handle your case.
Meet with a Spartanburg Personal Injury Lawyer with Our Firm
Car accidents leave many people with significant pain, which makes finding evidence a challenge.
You do not have to bring a personal injury claim on your own. Instead, call McCravy, Newlon, Sturkie & Clardy after any accident in the 29301 zip code or surrounding areas. We can discuss how to prove negligence in a free consultation and begin gathering all relevant evidence to use on your behalf. Contact us today!