Car accidents happen every day in South Carolina, and chances are you or one of your family members may have fallen victim to an accident on one or maybe more occasions during your lifetime. It might be that you’ve never taken legal action before because you didn’t suffer any true injuries, but most likely you have suffered injury, whether it’s physical, emotional, or financial. Don’t sleep on your human rights. Talk to an attorney, get a free consultation, hire an attorney, and maybe you can be compensated for your injuries.
A lot of injuries are caused by automobile accidents. If you’ve ever been injured in an automobile accident, your attorney will most likely, we’re gonna seek what’s called a negligence claim on your behalf against the at-fault driver. Now prior to filing a complaint on your behalf, which will allege negligence, your attorney here will attempt to reach a settlement with the at-fault driver’s insurance company. But just as you may know yourself, insurance companies don’t always play ball and they don’t always cooperate.
But rest assured that we’re gonna do everything we can do to try to secure you a good settlement. And if we do not, we have the, we can level the playing field, it’s very simple, I file what’s called a complaint. Now, if a complaint does have to be filed and a lawsuit pursued, then what we do is we will draft that complaint based on a negligence claim. And the plaintiff always bears the burden of proof here in South Carolina, and as such, the plaintiff will have to prove all the elements of negligence. The elements of negligence in a car wreck are as follows: we gotta prove duty, a breach of that duty, causation, and damages. Now in the automobile scenario, and I’m gonna use that because that’s what happens a lot here in my office, all drivers owe a duty of care to operate their vehicles according to the laws of South Carolina.
Now basically you must operate your vehicle as a reasonable, prudent driver, which means you must comply with all traffic regulations. Now just to give you an example, a reasonable prudent driver would stop at a stop sign, just like the law’s always taught him to. And stop at a red light. And failure to stop at a stop sign or a red light would be a breach of the duty if you hurt somebody. And that’s how a breach of the duty would work. Now, causation. In a negligence suit, the automobile collision must have resulted from the driver’s behavior, and you must have been a foreseeable plaintiff in the accident. If another driver failed to stop at that stop sign, and as a result collided with your vehicle, you could say but for that driver failing to stop at that stop sign, a collision would not have resulted. Also you could argue that you were a foreseeable plaintiff because the at fault driver is traveling on the road with you, you’re another driver, and therefore that’s obviously foreseeable.
That’s how causation works. And lastly, what we have to prove is your damages. We have to prove all these elements. In order to succeed in your negligence claim we have to prove that you suffered some sort of loss. We can seek a damage award for your physical loss with your medical bills, emotional loss, and your financial loss if you have lost wages, something like that. It’s important for you to consult with a personal injury attorney immediately if you have been injured so we can sit down with you and take it from start to finish. The insurance companies are gonna likely offer you less than your medical expenses will cost. Let us talk to the insurance companies on your behalf. We take it from start to finish, you simply get your treatment, get to feeling better, and let us work to get the compensation you need. Give us a call for a free case evaluation, whether small or large, we handle all cases. 843-839-4111.
The Lovely Law Firm represents injured victims in their personal injury cases. The firm also handles criminal defense cases in South Carolina.
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