Little Mountain, SC – Most civil cases that hold a person or business financially responsible are brought as negligence cases. This means that the defendant was not careful enough and caused harm. There are financial consequences for engaging in dangerous or reckless acts, as the defendant can be made to pay through a civil negligence lawsuit that argues for various kinds of compensation, usually through a settlement. The victim should contact an accident lawyer with specific experience in this area for more detailed advice.
Negligence in general
All states use negligence laws that require a plaintiff to prove a few basic elements. These include a relevant duty of care, a breach of that duty, actually and proximate causation, along with damages. All of the elements must be present. It is also important to realize that this duty of care is based on what a reasonable driver would have done in the same situations. This hypothetical reasonable person generally follows and obeys all relevant rules, laws, and regulations.
The modified comparative negligence rule
South Carolina uses a system called modified comparative negligence. This means that any person who is partially at fault for an accident can collect a reduced amount. However, once they reach 51% of fault for a collision, they cannot collect any damages at all. In cases where the damages are reduced, the percentage that the plaintiff loses directly correlates with their amount of fault. In other words a plaintiff who is found to be ten percent at fault will receive ten percent less compensation than if they were not responsible for the accident at all.
Damages in negligence lawsuits
A very important concept in negligence cases is that of damages. Plaintiffs can ask for economic costs related to injuries and lost income, medical bills, and property damage. They can also try to seek non-economic compensation for pain and suffering that is not based on any specific bills or amounts, but only on quality of life losses. There is also the possibility of punitive damages against defendants to punish those who acted recklessly and caused harm due to illegal or extreme conduct. However, punitive damages are much more rare than economic or non-economic damages and not available in all cases.
South Carolina accident lawyers
The Clekis Law Firm is a personal injury practice that assists people in the area of Little Mountain and other parts of South Carolina. Accident victims can meet with their attorneys to discuss a civil lawsuit for compensation.
USAttorneys.com is a service that works with people who want to find the right lawyer in their city or state. Anyone who needs assistance with their search for a legal professional can call 800-672-3103 for help.
Firm contact info:
171 Church St., Charleston SC, 29401