An important aspect of any negligence case is damages. This is how victims are compensated for their losses.
Union County, SC – When someone is hurt in an accident and they need legal help, there are specific causes of action that an attorney will need to utilize to formally bring their client’s case. One of the most widely used kinds of legal doctrines in these situations is negligence. A basic understanding of negligence can help anyone who is considering a meeting with a lawyer to file a lawsuit.
What is a negligence lawsuit?
Negligence is a legal doctrine that says one party breached the relevant standard of care and caused some kind of loss to the victim. Many motor vehicle accidents, slip and fall cases, and other common civil lawsuits are filed as negligence lawsuits. The four standard elements of negligence that must always be met for a plaintiff to be successful are a relevant duty of care, a breach of that duty, causation and damages. Each state also has slightly different negligence rules and ways of dividing negligence between parties involved in an accident even if the general principles remain the same.
South Carolina’s system of negligence
Two cars in an accident in an intersection; image by Shuets Udono, via Flickr, CC BY-SA 2.0, no changes.South Carolina allows plaintiffs who are found to be partially at fault for their own losses to still bring a case and recover compensation. This system is called comparative negligence, and it allows fault for an accident to be divided between everyone involved to equal one hundred percent. However, if the plaintiff is found to be more than half at fault for their own losses, theory cannot collect any compensation. This is true even when there are more than two parties to an accident and lawsuit. A party who is found to be somewhat at fault for their own injuries, but less than fifty percent, will only have their damages reduced relative to their level of fault rather than not being able to collect any money at all. This system can be beneficial to helping many plaintiffs recover at least some money for their injuries.
The element of damages
An important aspect of any negligence case is damages. This is how victims are compensated for their losses. The victim’s attorney will list all damages related to economic losses, non-economic losses, and possibly punitive damages to help their client get paid through a settlement or jury verdict. Economic losses may include things like property damage costs, medical bills, and lost wages. Non-economic damages are commonly called pain and suffering, and they include things like physical pain tied to injuries, as well as issues with trauma and mental health.
South Carolina injury attorneys
The Clekis Law Firm is a group of attorneys who handle various kinds of personal injury lawsuits and accident cases in South Carolina. Anyone who needs help in Union County or other parts of the state can contact the firm to learn more.
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