Most personal injury claims stem from allegations of negligence, characterized by a failure to exercise reasonable care. Negligence, with its four essential components, serves as the basis for such claims. To establish a viable claim, it is imperative to demonstrate that the responsible party owed a duty of care, breached this duty, and caused resultant damages. Let’s delve into each element to understand the foundation for constructing a robust personal injury case:
Duty of Care:
A duty of care signifies an obligation one party holds towards another, demanding a reasonable level of care given the circumstances. For instance, a doctor owes a duty of care to a patient, requiring adherence to widely accepted standards during medical procedures. Similarly, operating a vehicle entails an obligation to fellow traffic participants, necessitating compliance with road rules. Actions like driving under the influence, inattentiveness, or drowsiness constitute breaches of this implied duty of care.
Duty may also arise when a person voluntarily undertakes an action, assuming a duty they would not otherwise have.
Breach of Duty:
Grounds for a claim emerge only when the party owing a duty of care violates it in some manner. Examples include a doctor failing to provide adequate post-surgical care, a drunk driver colliding with a stationary vehicle, or a store neglecting to address a known (or knowable) spill. Without a breach of duty, a negligence claim lacks substance.
Causation:
The third crucial element involves establishing causation – demonstrating that the injuries resulted directly from the liable party’s actions. While seemingly straightforward, challenges may arise, especially concerning preexisting conditions. Medical records can support the link between the accident and injuries, but potential challenges may surface.
Damages:
The final element necessitates tangible losses incurred directly due to the negligent party’s actions. Successful personal injury claims require the presence of economic and non-economic damages. Examples encompass medical expenses, lost wages, property repairs, and various emotional and psychological impacts.
In South Carolina, those pursuing personal injury claims can seek compensation for a range of damages, including medical bills, lost earnings, property modifications, and emotional distress.
Examples include:
- Medical bills;
- Lost wages and benefits;
- Loss of future earnings;
- Property repairs;
- Home and vehicle modifications;
- Alternative transportation;
- Domestic help;
- Reasonably necessary replacement services;
- Pain and suffering;
- Depression;
- Anxiety;
- Disfigurement;
- Sexual dysfunction;
- Psychological trauma;
- Mental anguish; and
- Loss of enjoyment in life.
If you have suffered a significant injury through no fault of your own, The Hodge Law Firm stands ready to assist. Contact us at 864-585-3873 or fill out our Contact Form to schedule a free consultation with a skilled personal injury lawyer in South Carolina, committed to helping you secure the compensation needed for your recovery.