What system of negligence will apply to an accident lawsuit in Saluda County?
Saluda County, SC – If someone is injured in an accident, it is most likely that their attorney will file a negligence lawsuit on their behalf against the person or business responsible. Negligence laws can vary by state, although some of the basic elements of a negligence action are similar or the same regardless of the jurisdiction. Many lawyers who work in personal injury law have a special focus on negligence, and they can explain to their clients exactly how negligence may apply to their specific case.
The elements of negligence
Anytime a plaintiff files a negligence case they must show a few basic elements. These include a standard of care that is relevant to the situation, a breach of that standard of care, causation, and damages. All of these elements must be shown through the evidence, otherwise the case will not be successful. The standard of care may change based on the specific situation that resulted in the lawsuit. It is based on what a reasonable person would have done under the same or similar circumstances.
South Carolina comparative negligence laws
South Carolina uses a system that is commonly called modified comparative negligence, or the fifty percent rule. This means that a plaintiff who is partially at fault for their own injuries can still recover, although their damages are reduced relative to their level of fault. But if the plaintiff is more than fifty percent at fault for the accident, they cannot recover anything at all. This system is beneficial to plaintiffs who are somewhat at fault, as they will still be able to collect damages, even if they are reduced.
Damages and negligence cases
Damages are the final element of negligence. This means that the plaintiff must prove some kind of actual losses due to the defendant’s actions, otherwise they cannot win the lawsuit. In accident cases, damages are almost always in the form of the costs of property repairs, medical treatment, lost wages due to time away from work, and pain and suffering due to the trauma caused by the accident.
Damages can become complex for a number of reasons. The comparative negligence principles need to be factored into the calculation if any fault is attributed to the plaintiff. There are also economic, non-economic, and punitive damages that may all be available depending on the specific facts of the lawsuit.
Help from a local accident attorney in South Carolina
The Clekis Law Firm is available to help anyone who has been injured in an accident in the Saluda County area. Their attorneys are dedicated to helping local clients receive any compensation available through a lawsuit or settlement.
Firm contact info:
171 Church St., Charleston SC, 29401
843-900-0000
clekis.com
